42 Amendments of Theresa GRIFFIN related to 2015/0149(COD)
Amendment 187 #
Proposal for a regulation
Recital 2
Recital 2
(2) Energy efficiency labelling allows consumers to make informed choices with regard to energy consumption of products and thereby promotesmakes a significant contribution to reducing energy bills while at the same time promoting innovation.
Amendment 193 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is appropriate to replace Directive 2010/30/EU by a Regulation which maintains the same scope, but modifies and enhances some of its provisions in order to clarify and update their content taking into account the rapid technological progress for energy efficiency in products achieved over recent years. A Regulation is the appropriate legal instrument as it imposes clear and detailed rules which do not give room for divergent transposition by Member States and ensures thus a higher degree of harmonisation across the Union. A harmonised regulatory framework at Union rather than at Member State level brings down costs for manufacturers and ensures a level playing field. Harmonisation across the Union ensures the free movement of goods across the Single Market.
Amendment 198 #
Proposal for a regulation
Recital 7
Recital 7
(7) Improving the efficiency of energy- related products through informed consumer choice benefits the Union economy overall, drives innovation and willreduces energy demand thereby contributing to energy security, allows consumers to save money on their energy bills, incentivises research and innovation, thereby giving competitive advantage to industries which develop and produce the most energy efficient products. It also contributes to the achievement of the Union's 2020 and 2030 energy efficiency targets. It will also allow consumers to save money.
Amendment 204 #
Proposal for a regulation
Recital 8
Recital 8
(8) The conclusions of the European Council of 23 and 24 October 2014 set an indicative target at Union level of at least 27% for improving energy efficiency in 2030 compared to projections of future energy consumption. This target will be reviewed by 2020 having in mind an Union level of 30%. They European Parliament has repeatedly called for a binding energy efficiency target of 40 %, most recently in its resolution on the Energy Union strategy of 15 December 2015. The European Council also set a binding EU target of at least 40% domestic reduction in greenhouse gas emissions by 2030 compared to 1990, including a 30% reduction of emissions in non-ETS sectors.
Amendment 234 #
Proposal for a regulation
Recital 10
Recital 10
(10) Advances in digital technology allow for alternative ways of delivering and displaying labels electronically, such as on the internet, but also on electronic displays in shops. In order to take advantage of such advances, this Regulation should allow the use of electronic labels as replacement of or complementary to the physical energy label. This provision does not affect the duty of the supplier to accompany each unit of a product with a physical label for the dealer. In cases where it is not feasible to display the energy label, such as certain forms of distance selling and in advertisements and technical promotional material, potential customers should be provided at least with the energy class of the product.
Amendment 260 #
Proposal for a regulation
Recital 14
Recital 14
(14) In order for customers to retain trust in the energy label, other labels, even those as part of a national scheme, that mimic the energy label should not be allowed to be used for energy-related products. Additional labels, marks, symbols or inscriptions that are likely to mislead or confuse customers with respect to the consumption of energy should not be allowed either.20
Amendment 261 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure legal certainty, it is necessary to clarify that rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 of the European Parliament and of the Council21 apply to energy-related products. Given the principle of free movement of goods, it is imperative that the market surveillance authorities of the Member States cooperate with each other effectively. Such cooperation on eThe Group of Experts on Ecodesign and Energy lLabelling should be reinforced through supportAdministrative Co-operation Working Group (ADCO) has proved to be a suitable framework for the cooperation of market surveillance authorities and should therefore be reinforced by the Commission. __________________ 21 OJ L 218, 13.8.2008, p. 30.
Amendment 284 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The public interface of the database should develop into a useful tool in order to enable consumers to easily find and compare selected information of any energy-related product allowing them to identify and choose the most energy efficient products. The information available should be searchable, downloadable and allow for easy filtering by separated variables. The data should be available through open standards for the use of third party developers of applications which could help improve product comparison sites.
Amendment 285 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to promote energy efficiency, climate mitigation and environmental protection, Member States should be able to create incentives for the use of energy efficient products. Member States are free to decide on the nature of such incentives, provided that they are accessible to and focused to a significant extent on low- income households, thereby mitigating energy poverty. Such incentives should comply with Union State aid rules and should not constitute unjustifiable market barriers. This Regulation does not prejudice the outcome of any future State aid procedure that may be undertaken in accordance with Articles 107 and 108 of the Treaty on the Functioning of the European Union in respect of such incentives.
Amendment 289 #
Proposal for a regulation
Recital 19
Recital 19
(19) EThe absolute energy consumption and other information concerning the products covered by product-specific requirements under this Regulation should be measured by using reliable, accurate and reproducible methods that take into account the generally recognised state-of- the-art measurements and calculation methods. Measurement and calculation methods should be realistic and as close as possible to the real-life usage of a given product. The energy efficiency class should not be based on the most energy efficient setting or eco-mode, where this is not likely to reflect average consumer behaviour. Tolerance values and optional testing parameters should be established in such a way that they do not lead to significant variations of efficiency gains that might possibly alter the energy efficiency class of a product. It is in the interests of the functioning of the internal market to have standards which have been harmonised at Union level. In the absence of published standards at the time of application of product-specific requirements the Commission should publish in the Official Journal of the European Union transitional measurement and calculation methods in relation to those product-specific requirements. Once a reference to such a standard has been published in the Official Journal of the European Union compliance with it should provide a presumption of conformity with measurement methods for those product- specific requirements adopted on the basis of this Regulation.
Amendment 302 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) In order to create a level playing field, it is vital that all national market surveillance authorities shall use the Information and Communication System on Market Surveillance (ICSMS) as foreseen in article 23 of Regulation (EC) No 765/2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products. In order to ensure more effective Union market surveillance in the most cost- efficient way, the market surveillance authorities appointed by the Member States should all use the Information and Communication System on Market Surveillance (ICSMS) to exchange information about planned and completed product testings and make the testing protocol available to other market surveillance authorities. The cross- national cooperation of market surveillance authorities shall pave the way for regional centres of excellence for the physical testing of certain product groups.
Amendment 303 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products during use and supplementaryshall apply to energy- related products and provide them with an energy label, including the absolute energy consumption and additional information concerning energy-related products in order to allow customers to choose moreenergy efficient products.
Amendment 343 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘Label’ means a printed or digital graphic diagram including a classification using letters from A to G, each class corresponding to significant energy savings, in seven different colours from dark green to red in order to show consumption of energy;
Amendment 363 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) 'Supplementary information' means information on the functional and environmental performance of an energy- related product, such as its absolute energy consumption or durability, which is based on data that are measurable by market surveillance authorities, is unambiguouseasily understandable and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers.
Amendment 364 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) Risk to aspects of public interest protection covered by this regulation refers to a product having the potential to adversely affect health and safety of persons in general, health and safety in the workplace, consumer protection, the environment and public security as well as other public interests to a degree which goes beyond that considered reasonable and acceptable under the normal or reasonably foreseeable conditions of use of the product concerned, including the duration of use and, where applicable, its putting into service, installation and maintenance requirements
Amendment 376 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) they shall ensure that products placed on the market are provided, free of charge, with accurate printed labels and product information sheets for each individual unit in accordance with this Regulation and the relevant delegated acts;
Amendment 380 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) they shall deliver labels promptly andprinted labels and technical information sheets for each individual unit free of charge on request from dealers within 5 days;
Amendment 390 #
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) the methods they use in (c) to calculate the energy efficiency class shall be based on running conditions as close as possible to normal real-life usage of a given product. Such calculation shall not be based on the most energy efficient setting or eco-mode, where this is not likely to reflect average consumer behaviour. Suppliers shall not use tolerance values and optional testing parameters in such a way that they lead to significant variations of efficiency gains that might possibly alter the energy efficiency class of a product.
Amendment 432 #
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) they shall make available to customers the product information sheet upon request.
Amendment 444 #
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) they shall make reference to the energy efficiency class of the product in any advertisement or technical promotional material for a specific model of products in accordance with the relevant delegated act;
Amendment 448 #
Proposal for a regulation
Article 3 – paragraph 3 – point d
Article 3 – paragraph 3 – point d
(d) they shall, for products not covered by this Regulation, not supply or display labels which mimic the label as defined in this Regulation or use Union symbols.
Amendment 452 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Where Member States provide any incentives for an energy-related product covered by this Regulation and specified in a delegated act, these shall aim at the highest two classes of energy efficiency laid down in the applicable delegated act, providing a higher incentive for the highest energy efficiency class. Such incentives shall be accessible to low- income households and Member States shall establish criteria to ensure a significant part of any financial incentives are targeted on these low-income households.
Amendment 458 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall in close cooperation with dealers ensure that the introduction of labels including rescaled labels and product information sheets is accompanied by educational and promotional information campaigns aimed at promoting energy efficiency and more responsible use of energy by customers, if appropriate in cooperation with dealers. Best practices regarding national educational and promotional information campaigns should be exchanged at the Group of Experts on Ecodesign and Energy Labelling Administrative Co- operation Working Group (ADCO).
Amendment 462 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Member States shall make use of the Information and Communication System on Market Surveillance (ICSMS) compulsory for all national market surveillance authorities.
Amendment 463 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall shall lay down the rules on penalties and enforcement mechanisms applicable to infringements or for misleading commercial practices of the provisions of this Regulation and its delegated acts, and shall take all measures necessary to ensure that they are implemented. The penalties must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by the date of application of this Regulation and shall notify without delay any subsequent amendment affecting them.
Amendment 468 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall support cooperation and exchange of information on market surveillance of energy labelling of products among national authorities of the Member States responsible for market surveillance or external border controls and between such authorities and the Commission by strengthening the Group of Experts on Ecodesign and Energy Labelling Administrative Co-operation Working Group (ADCO).
Amendment 479 #
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. When conducting physical product tests, Member States' authorities shall use reliable, accurate and reproducible measurement procedures, which take into account the generally recognised state-of- the-art measurement methods.
Amendment 480 #
Proposal for a regulation
Article 5 – paragraph 2 c (new)
Article 5 – paragraph 2 c (new)
2c. Member States shall ensure that physical product testing is carried out by their national market surveillance authority at least for one product group as set out in the delegated acts under this Regulation.
Amendment 481 #
Proposal for a regulation
Article 5 – paragraph 2 d (new)
Article 5 – paragraph 2 d (new)
2d. Market surveillance authorities shall make better use of testing stands, exchange information about available testing infrastructure in the Member State in which they operate, facilitate the regulatory access to testing infrastructure and laboratories for other market surveillance authorities with a view to make more efficient use of them. Market surveillance authorities shall cooperate to ensure a balanced geographical distribution of testing infrastructure across the EU. Market surveillance authorities shall consider cross-national cooperation for any physical product testing, including the use of laboratories and tendering processes in other Member States. Market surveillance authorities shall be able to use laboratories in other Member States and the results from these laboratories shall be valid. Reports from laboratories shall therefore be either standardised or templated to contain all relevant and directly comparable information.
Amendment 482 #
Proposal for a regulation
Article 5 – paragraph 2 e (new)
Article 5 – paragraph 2 e (new)
2e. Member States shall draw up annual market surveillance plans and issue annual reports to be communicated to the European Commission, the European Parliament and other Member States.
Amendment 483 #
Proposal for a regulation
Article 5 – paragraph 2 f (new)
Article 5 – paragraph 2 f (new)
2f. In order to create a level-playing field among suppliers across the EU market, market surveillance authorities shall apply harmonised fees and penalties for missing registration or wrong and incomplete submission data on the compliance interface of the product database.
Amendment 484 #
Proposal for a regulation
Article 5 – paragraph 2 g (new)
Article 5 – paragraph 2 g (new)
2g. Market surveillance authorities shall have the right to recover the costs of a physical product testing from suppliers in case of proven non-compliance.
Amendment 494 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where, in the course of that evaluation, the market surveillance authorities find that the energy-related product does not comply with the requirements laid down in this this Regulation and its relevant delegated acts, they shall without delay require the supplier to take all appropriate corrective action to bring the energy-related product into compliance with those requirements within 4 weeks, to withdraw the energy- related product from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as they may prescribe. Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in this paragraph. Market surveillance authorities shall use ICSMS to inform other market surveillance authorities of the breach of compliance of the energy-related product.
Amendment 495 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. In case of proven non-compliance of the energy-related product with the requirements laid down in this Regulation, consumers shall have the right to return the energy-related product to the dealer free-of-charge and receive a full refund of the original purchase price. Suppliers shall be financially responsible for these refunds.
Amendment 505 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The supplier shall ensure that all appropriate corrective action is taken in respect of all the energy-related products concerned that it has made available on the market throughout the Union within 4 weeks.
Amendment 510 #
Proposal for a regulation
Article 6 – paragraph 8
Article 6 – paragraph 8
8. Where, within 630 days of receipt of the information referred to in paragraph 5, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.
Amendment 511 #
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
9. Member States shall ensure that appropriate restrictive measures, such as withdrawal of the energy-related product from their market, are taken in respect of the energy-related product concerned, without delay. A non-compliant product shall automatically be withdrawn from the internal market if it has been prohibited in one country, without further testing being needed.
Amendment 542 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. The Commission shall ensure that any rescaled label is visually different from the old label and that consumers can instantly recognise rescaled labels as new labels.
Amendment 623 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
In the conduct of its activities under this Regulation the Commission shall ensure in respect of each delegated act, a balanced participation of representatives from the European Parliament, and the Council along with Member States’ representatives and interested parties concerned with the product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations. For this purpose, the Commission shall establish a Consultation Forum in which these parties shall met. This Consultation Forum may be combined with the Consultation Forum referred to in Article 18 of Directive 2009/125/EC.
Amendment 639 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point b
Article 12 – paragraph 3 – subparagraph 1 – point b
(b) the design and content of the label, including a scale showing consumption of energy consisting of A to G, each energy class corresponding to significant energy savings, from dark green to red colour which as far as possible shall have uniform design characteristics across product groups and shall in all cases be clear and legible;
Amendment 642 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point c
Article 12 – paragraph 3 – subparagraph 1 – point c
(c) where appropriate, the use of other resources and easily understandable supplementary information concerning energy related products, in which case the label shall emphasise the absolute energy efficiency of the product;
Amendment 662 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point m
Article 12 – paragraph 3 – subparagraph 1 – point m
(m) the format of any additional references on the label, including a website address, a Quick Response (QR) code, a link on online labels or any other appropriate consumer-oriented means, allowing customers to access through electronic means more detailed information on the product performance included in the product information sheet;