76 Amendments of Kathleen VAN BREMPT related to 2015/0149(COD)
Amendment 186 #
Proposal for a regulation
Recital 2
Recital 2
(2) Energy efficiency labelling allows consumers to make informed choices with regard to the energy consumption of products and thereby promotesmakes a significant contribution to energy savings while at the same time reducing energy bills and 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 215 #
Proposal for a regulation
Recital 9
Recital 9
(9) The provision of accurate, relevant and comparable information on the specific energy consumption of energy-related products facilitates the customer's choice in favour of those products which consume less energy and other essential resources during use. A standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy-related products. It should be supplemented with a product information sheet. The label should be easily recognisable, simpeasily understandable and concise. To this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products. A classification using letters from A to G has shown to be most effective for customers. In situations where because of ecodesign measures under Directive 2009/125/EC products can no longer fall into classes 'F' or 'G', those classes should notremain on the label but should be shown oin the labelgrey in order to keep a unified label scale for all product groups in place. For exceptional cases this should also be extended to the 'D' and 'E' classes, although this situation is unlikely to occur given that the label would be rescaled once a majority35% of product models available on the market falls into the top two classes.
Amendment 225 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Energy consumption shall be shown per year and per expected life time, as well as per period of time that is most appropriate to the product group such as a cycle;
Amendment 227 #
Proposal for a regulation
Recital 9 b (new)
Recital 9 b (new)
(9b) In the product information sheet, aside from the energy efficiency and absolute energy consumption levels mentioned on the energy label, suppliers shall also provide supplementary information on the raw material use, repairability, availability of spare parts, recycling characteristics, noise characteristics and information on the chemical contents, as well as all other relevant information for dealers and consumers
Amendment 233 #
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. 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 235 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) For products which are built up out of several subassemblies or components, and for which the energy class and product information sheet depends on the combination of these components, suppliers shall make the accurate labels available in the fastest and most convenient way, free of charge, to dealers before putting them on display and to dealers and installers at the moment of assembly or installation at the point of use;
Amendment 241 #
Proposal for a regulation
Recital 11
Recital 11
(11) Manufacturers respond to the energy label by creating ever more efficient products. This technological development leads to products populating mainly the highest classes of the energy label. Further product differentiation may be necessary to allow customers a proper comparison, leading to the need to rescale labels. For the frequency of such rescaling a timescale of approximately ten years would be appropriate, taking into account the need to avoid over burdening manufacturers. This Regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers. ADepending on the product group and based on a thorough assessment of the current and future technical evolutions and innovation potential, a newly rescaled label shouldmay have empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised. When a label is rescaled, confusion to customers should be avoided by replacing all energy labels within a short timeframe.
Amendment 252 #
Proposal for a regulation
Recital 12
Recital 12
(12) In the case of a rescaled label, suppliers should provide both the old and the rescaled labels to dealers during a certain periodfor a period of 3 months ahead of the date of replacement of the old label. The replacement of the existing labels on products on display, including on the Internet, with the rescaled labels should take place as quickly as possible after the date of replacement specified in the delegated act on the rescaled label and should not exceed 3 weeks. Dealers should not display the rescaled labels before the date of replacement.
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 271 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to set up a powerful tool for consumers to engage with the energy label, to facilitate the monitoring of compliance and to provide up-to-date market data for the regulatory process on revisions of product-specific labels and information sheets, suppliers should electronically provide their product compliance information electronically in a database established by the Commission. The name or trademark of the supplier, model identifier, including of all equivalent models, the label, the class(es) and other parameters on the label and the product information shouldeet shall be made publicly available on the public interface of the product database to provide information for custoonsumers and to allow for alternative ways for dealers to receive labels. Market surveillance authorities should have access to the information in the databaseAdditional technical documentation relevant to the energy efficiency of a product, including test reports or similar technical evidence enabling compliance with all requirements in the applicable delegated act to be assessed, name and address of the supplier and the contact details of a representative of the supplier shall be made available by suppliers on the compliance interface of the product database both to market surveillance authorities and to the European Commission.
Amendment 281 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Market surveillance authorities shall check the correctness and completeness of the database to prevent non-compliance by suppliers. Adequate and sufficient tests shall be carried out to verify whether claimed performance is correct and whether all products on the market are registered in the database
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 288 #
Proposal for a regulation
Recital 19
Recital 19
(19) EThe absolute energy consumption and other environmental and performance 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. The measurement and calculation methods and testing environment are to reflect real-life conditions. Products shall be tested by applying the operation modes (such as cycles, settings and programmes) that are applied by the average consumer. Simulation of real-life conditions of use, shall be achieved, in particular, by measuring the input power of a product under such conditions, and by taking into account, where relevant, the amount of time required by the product to deliver a certain output of performance or service. Test methods of both suppliers and market surveillance authorities should be established and executed in such a way that intentional or unintentional manipulation or amelioration of the test results is detected and eliminated. Allowed deviations between tested and declared results shall be limited to the statistical margin of error of the measurement equipment. 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 296 #
Proposal for a regulation
Recital 20
Recital 20
(20) The Commission should provide a long-term working plan for the revision of labels of particular products including an indicative list of further energy-related products for which an energy label could be established and update this working plan on an annual basis. The working plan should be implemented starting with a technical, environmental and economic analysis of the product groups concerned. This analysis should also look at supplementary information including the possibility and cost to provide consumers with information on the performance of an energy-related product, such as its absolute energy consumption, durability or environmental performance, in coherence with the objective to promote a circular economy. Such supplementary information should improve the intelligibility and effectiveness of the label towards consumers and should not lead to any negative impact on consumers.
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 312 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) Means of transport for persons or goods other than those operated by a stationary motor.
Amendment 318 #
Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
Article 2 – paragraph 1 – point 1 a (new)
(1a) 'energy efficiency' means the ratio of output of performance, service, goods or energy to the input of energy
Amendment 337 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(11 a) 'product group' means a group of energy-related products with the same functionality or, in the case of multifunctional energy-related products, the same main functionality or the same set of main functionalities;
Amendment 340 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 b (new)
Article 2 – paragraph 1 – point 11 b (new)
(11b) 'Functionality' means the basic principle determining the use of an energy-related product by a customer under the normal foreseeable conditions of use;
Amendment 341 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 c (new)
Article 2 – paragraph 1 – point 11 c (new)
(11c) 'Main functionality' means, for a multifunctional energy-related product, the functionality or functionalities most relevant to a customer under the normal foreseeable conditions of use;
Amendment 353 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) 'Rescale' means a periodic exercise to make more stringent the requirements for achieving the energy class on a label for a particular product, which, for existing labels may imply the deletion of certain energy classes;
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 368 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) 'Tolerance' means the maximum admissible deviation between a) The measured or calculated test value as established by the market surveillance authorities b) The value of the declared parameters by the supplier This deviation shall be limited to the statistical margin of error of the measurement equipment
Amendment 369 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20 b (new)
Article 2 – paragraph 1 – point 20 b (new)
(20b) Product database refers to an online platform consisting of a public interface and a compliance interface. The public interface is a consumer information website allowing consumers to easily find and compare selected information on the energy label of an energy-related product. The compliance interface is an online platform supporting the surveillance activities of national market surveillance authorities. The compliance interface is only fully accessible to market surveillance authorities and to the Commission, whereas suppliers should only be able to upload the documents they are required to provide under the requirements of this Regulation without accessing any other content of the platform.
Amendment 370 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20 b (new)
Article 2 – paragraph 1 – point 20 b (new)
(20b) 'Verification procedure' means the procedure which simulates as close as possible the real life conditions of use and is described in the delegated acts for product conformity verification by the market surveillance authorities
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 384 #
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) For products that are built up out of several subassemblies or components, and for which the energy class and product fiche information depends on the combination of these components, suppliers shall make the accurate labels available in the fastest and most convenient way, free of charge, to dealers before putting them on display and to dealers or installers at the moment of assembly or installation at the point of use;
Amendment 389 #
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) To determine the declared energy efficiency and other environmental and performance information of their products, suppliers shall apply generally recognized state-of-the-art, reliable, accurate and reproducible measurement and calculation methods. The measurement and calculation methods, as well as the testing environment, shall reflect real-life conditions. Products shall be tested by applying the operation modes (such as cycles, settings and programmes) that are applied by the average consumer. Simulation of real-life conditions of use, shall be achieved, in particular, by measuring the input power of a product under such conditions, and by taking into account, where relevant, the amount of time required by the product to deliver a certain output of performance or service. Test methods should be established and executed in such a way that intentional or unintentional manipulation or amelioration of the test results is detected and eliminated. During the verification procedures, performed by market surveillance authorities, the allowed deviations between tested and declared results shall be limited to the statistical margin of error of the measurement equipment.
Amendment 397 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) they shall, prior to placing a product model on the market, enter into the product database established in accordance with Article 8 the information detailed in Annex I.after 1 January 2019, enter the information listed in Annex I into the public and compliance interface of the product database prior to placing a product model on the market
Amendment 402 #
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(da) they may enter the information listed in Annex I into the public and compliance interface of the product database on a voluntary basis for products placed on the Union market before 1 January 2019
Amendment 416 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – point i
Article 3 – paragraph 2 – point b – point i
(i) request the label or a rescaled label from the supplier; or
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 440 #
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 and the absolute energy consumption 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 471 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Market surveillance authorities shall inform other Member States and the Commission of planned and completed product testing checks, including the testing protocol through the Information and Communication System on Market Surveillance (ICSMS). The compliance interface of the product database shall include a link to product tests.
Amendment 475 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. 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, which simulate real-life conditions of use and which exclude intentional or unintentional manipulation or alteration of the test results.
Amendment 478 #
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. Market surveillance authorities shall check the correctness and completeness of the database and declared values on the energy label to prevent non-compliance by suppliers (a) Correctness shall be verified by testing at least 5% of the product models available for sale in the respective country, per product category, annually. The test results shall be compared to declared values by the suppliers. (b) Completeness shall be tested by verifying for at least 20% of the product models available for sale in the respective country, per product category, annually whether those products are registered in the database. The results shall be communicated to the Commission, the European Parliament and the Member States within 15 days
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 499 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where the market surveillance authorities consider that non-compliance is not restricted to their national territory, theyIn the case of non-compliance the market surveillance authorities shall inform the Commission, the European Parliament and the other Member States of the results of the evaluation and of the actions which they have required the supplier to take.
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 508 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Where the supplier does not take adequate corrective action within the period referred to in the paragraph 2, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the energy-related product's being made available on their national market, to withdraw the energy- related product from that market or to recall it. The market surveillance authorities shall inform the Commission and the other Member States, without delayincluding via the compliance interface of the product database, within one week, of those measures.
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 527 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. When, for a given product group, no models belonging to energy classes D, E, F or G are allowed to be placed on the market any more because of an implementing measure adopted under Directive 2009/125/EC, the class or classes in question shall no longer remain on the label, but shall be shown in grey, in order to keep a unified label showncale for all product groups in place. Product groups with unpopulated 'F' and 'G' classes shall be rescaled within 3 years onf the label'F' class becoming unpopulated.
Amendment 544 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 546 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Labels shall be re-scaled periodicallyRe-scaled labels for existing product groups shall enter into force at the latest 3 years after the date of application of this Regulation. The rescaled labels for the product groups of washing machines, dishwashers, refrigerators and freezers, lamps and televisions for which the preparatory work has been finalised shall enter into force at the date of application of this Regulation. Re-scaled labels for the product groups which entered into force on 26 September 2013 shall enter into force at the date of application of this Regulation using the existing data without any additional preparatory studies and without leaving empty classes.
Amendment 560 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. After the initial rescaling as described in paragraph 4, the Commission shall start the procedure of a revision of a label when: (a) 25% of the products sold fall into energy class A; or (b) 35% of the models available for sale fall into energy class A.
Amendment 561 #
Proposal for a regulation
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4b. The Commission shall ensure that, when a label is introduced or revised, no new revision is expected to be needed within a timeframe of ten years. Therefore, the Commission shall gather, and be provided by suppliers and dealers, with all relevant information such as past and expected future technical and performance evolutions due to innovation potential or legal requirements and other market and technical information, to determine the specifics of the new label. Depending on the product group, this may entail that one or more of the top classes remain empty at the moment of introduction.
Amendment 579 #
Proposal for a regulation
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) dealers shall replace the existing labels on products on display including on the Internet with the rescaled labels within onthree weeks following the date specified for that purpose in the relevant delegated act. Dealers shall not display the rescaled labels before that date.
Amendment 592 #
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Provisions in delegated acts adopted in accordance with Article 10 under Directive 2010/30/EU, which foresee the introduction of energy efficiency labels with A+++ A++ and A+ classes shall hereby be annulled.
Amendment 607 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall establish and maintain a product database including the information referred to in Annex I. The information listed under point 1 of Annex I shall be made publicly available.
Amendment 614 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
The Commission shall be empowered to adopt delegated acts concerning detailed requirements relating to the establishment of this product database.
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 628 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The Commission shall, having consulted the Consultation Forum referred to in Article 10, establish a long-term working plan which shall be made publicly availablerevised on an annual basis after consultation with the Consultation Forum. The working plan shall set out an indicative list of product groups which are considered as priorities for the adoption of delegated acts. The working plan shall also set out plans for the revision and rescaling of labels of products or product groups. The working plan may be amenshall be maded periodically by the Commission after consultation with the Consultation Forumublicly available. The working plan may be combined with the working plan required by Article 16 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 641 #
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 supplementary and easily understandable information concerning energy related products, in which case the label shall emphasise the energy efficiency and energy consumption 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;