83 Amendments of Michèle RIVASI related to 2015/0149(COD)
Amendment 21 #
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, simple 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 ‘E’, ‘F’ or ‘G’, those classes should not be shown on the label. 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 majority of product models falls into the top two classes.
Amendment 26 #
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 tThe frequency of such rescaling a timescale of approximately ten years would be appropriate,, while taking into account the need to avoid over burdening manufacturers, should be triggered by a documented population rate of the highest energy classes. This Regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers. A newly rescaled label should 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 36 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order 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 provide their product compliance information electronically in a database established and maintained by the Commission. The information should be made publicly 1 OJ L 218, 13.8.2008, p. 30. 2 OJ L 218, 13.8.2008, p. 30. available to provide information for customers and to allow for alternative ways for dealers to receive labels. Market surveillance authorities should have access to the information in the database.
Amendment 44 #
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 supplementarythroughout their lifetime, and supplementary environmental and performance information concerning energy-related products in order to allow customers to choose more efficient and sustainable products.
Amendment 58 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(11a) ‘Energy consumption’ means the quantity of energy a product consumes to perform its duty. It can be documented per cycle, per year or lifetime and has to be technology neutral to be comparable within a product category;
Amendment 64 #
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 or other environmental impacts, which is based on data that are measurable by market surveillance authorities, is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers.
Amendment 75 #
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) They shall not place on the market products designed in a such a way that any of the product performance is automatically altered in test conditions with the objective of reaching a more favourable level for any of the parameters specified in the implementing act or included in any of the documentation provided with the product;
Amendment 76 #
Proposal for a regulation
Article 3 – paragraph 1 – point c b (new)
Article 3 – paragraph 1 – point c b (new)
(cb) They shall not by means of software updates, either manually, remotely, through automatic or required updates, introduce changes that would have the effect of altering performance leading to an increase in the energy consumption during a product life-time, either in the use-phases, or standby modes after the product is in use;
Amendment 77 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) they shall, prior to placing a productn unit of a model on the market, enter for that model into the product database established in accordance with Article 8 the information detailed in Annex I.
Amendment 101 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where, in the course of that evaluation, the market surveillance authoritieit is fiound that thean energy-related product model does not comply with the requirements laid down in this this Regulation and its relevant delegated acts, they shall without delay market surveillance authorities shall: (a) require the supplier to take all appropriate corrective action to bring the energy- related product into compliance with those requirements, to withdraw the energy- related product from the market, or to recall it within a reasonable period, comout delay; (b) ensure that the corrective action prescribed is proportionate to the nature of the risk; (c) establish a reasonable deadline, not longer than 21 calendar days, by which the supplier is obliged to implement the corrective action; (d) decide at their discretion whether the corrective action can be accompanied by, or consist entirely of, restrictive menasuratees aiming to withdraw the nature of the risk, as they may prescribe. Article 21 of Regulation (EC) No 765/2008 shall apply to the measureenergy-related product from the market, or to recall it, in accordance Article 21 of Regulation (EC) No 765/2008; (e) address both corrective actions and restrictive measures also to the equivalent models available on the market; (f) use the product database established in accordance with Article 8 to determine any other national markets where the product model or its equivalents areferred to in this paragraph. available or require the supplier to deliver immediate information to the national market surveillance authorities and the Commission where such a model or its equivalent has been placed on the market.
Amendment 105 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Commission may, by means of delegated acts adopted pursuant to Articles 12 and 13, introduce labels or rescale existing labels. The labels shall be designed in a way that both the absolute product performance (energy consumption) and the relative performance (energy efficiency taking into account relevant aspects of the product model such as size, volume, and/or amenities) are reflected in the calculation to define the energy class. In addition to the energy class, the energy consumption shall be displayed per cycle, per year, per lifetime or any period of time most relevant to the product category. Consideration must be made for the addition to the label or product fiche of non-energy related dimensions. These shall include but are not limited to: - noise, - free warranty period offered to the end user and durability, - availability of spare parts, and repair information - chemical contents (as required by article 33 of REACH ‘right to know’) - ‘smart’ aspects of the product.. The label shall include a QR code or any other digital pattern enabling to make best use of internet based technologies. The label shall be technology neutral, enabling a comparison between all appliances delivering similar services; independent of energy carrier or technology employed. There shall be only one label for functionally equivalent products, and there shall be no exemptions of labelling duties. When comparing different energy carriers for the purpose of the energy label, primary energy should be referred to, based on the EU average of energy conversion efficiency (primary energy factor), to assess the performances and the energy class of the products.
Amendment 109 #
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 be shown on the label. In that case or in any other case which leads to a label with empty bottom energy classes, the dark green to red spectrum of the label shall be retained for the remaining upper classes. If less than four classes are available on the label, a rescaling of the label scheme shall be undertaken.
Amendment 111 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall ensure that, when a label is introduced or rescaled, the requirements are laid down so that no products are expected to fall in energy classes A or B at the moment of the introduction of the label and so that the estimated time within which a majority of models falls into thosr rescaling of the classes shall be at least ten years laterbel.
Amendment 138 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Labels introduced by delegated acts adopted in accordance with Article 10 of Directive 2010/30/EU before the date of application of this Regulation shall be considered as labels for the purposes of this Regulation. The Commission shall review those labels wirescaled to A-G which shall apply no later thian five years ofafter the entry into force of this Regulation with a view to rescaling theme relevant delegated act or at the date of application of this Regulation whichever comes last.
Amendment 147 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
The Commission shall ensure that harmonised standards have reflected the full range of modes, functionalities, and variables affecting performance in the product.
Amendment 157 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point g
Article 12 – paragraph 3 – subparagraph 1 – point g
(g) the content and, where appropriate, the format and other details concerning the technical documentation and product information sheet, including the methodologies and formulas used to establish the information to be provided on the label and fiche, where relevant reflecting geographical variations and the eventual need for third party certification of the declared performances;
Amendment 161 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point l
Article 12 – paragraph 3 – subparagraph 1 – point l
(l) wthether modalities for requiring for larger appliances a higher level of energy efficiency is required to reach a given energy class;
Amendment 192 #
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. 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, while allowing Member States to maintain or introduce more stringent measures as long as these are compatible with the Treaties and notified to the Commission. 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 196 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The 2015 Paris Agreement on climate change sets out a long term goal to put the world on track to limit global warming to well below 2°C above pre- industrial levels – and pursue efforts to limit the temperature increase to 1.5°C. The aspirational goal of 1.5°C was agreed to drive greater ambition.
Amendment 202 #
Proposal for a regulation
Recital 8
Recital 8
(8) The conclusions of the European Council of 23 and 24 October 2014, adopted before the December 2015 Paris Agreement on climate change, 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 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 sectorse European Parliament reconfirmed its position on 15 December 2015 that the 2030 energy efficiency target should be binding and be set at Union level at 40%.
Amendment 214 #
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, simple 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 or any other case products can no longer fall into classes 'E', 'F' or 'G', those classes should not be shown on the label. For exceptional cases this should also be extended to the 'D' and 'E' classes, although this situation is unlikely to occur givenIn that context, the dark green to red colour scale of the label should be retained for the remaining upper classes. When there are less than four energy classes available, thaten the label wshould be rescaled once a majority of product models falls into the top two classes.
Amendment 228 #
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 materialin particular in radio advertisements, potential customers should be provided at least with both the energy class and the energy consumption of the product.
Amendment 240 #
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 tThe frequency of such rescaling a timescale of approximately ten years would be appropriate,, while taking into account the need to avoid over burdening manufacturers, should be triggered by a documented overpopulation of the highest energy classes. This Regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers. A newly rescaled label should 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 280 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order 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 provide their product compliance information electronically in a database established and maintained by the Commission. The information should be made publicly available to provide information for customers and to allow for alternative ways for dealers to receive labels. Market surveillance authorities should have access to the information in the database.
Amendment 290 #
Proposal for a regulation
Recital 19
Recital 19
(19) Energy consumption and other information concerning the products covered by product-specific requirements under this Regulation should be measured in accordance with harmonized standards and methods and by using reliable, accurate and reproducible methods that take into account the generally recognised state-of- the-art measurements and calculation methods. These methods should be as close as possible to real life conditions and robust in order to deter intentional and unintentional circumvention. 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 294 #
Proposal for a regulation
Recital 20
Recital 20
(20) The Commission should provide a 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. The first working plan should in particular make sure that electric space heaters will be covered by the same energy label than the other local space heaters and that all IT and office equipment product categories are covered by delegated acts. 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,durability or reparability 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 305 #
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 supplementarythroughout their life time, and supplementary environmental and performance information concerning energy-related products in order to allow customers to choose more efficient and sustainable products.
Amendment 309 #
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
Amendment 317 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. The requirements laid down in this Regulation shall not prevent any Member State from maintaining or introducing more stringent measures. Such measures shall be compatible with Union law. Where national legislation provides for more stringent measures, the Member State shall notify such legislation to the Commission.
Amendment 338 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(11a) 'Energy consumption' means the quantity of energy a product consumes to perform its duty. It can be documented per cycle, per year or lifetime and has to be technology neutral to be comparable within a product category.
Amendment 339 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 b (new)
Article 2 – paragraph 1 – point 11 b (new)
(11b) 'Energy efficiency' means the ratio of output of performance, service, goods or energy to input of energy; it is technology neutral and refers to primary energy use when different technologies are to be compared.
Amendment 346 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘Label’ means a graphic diagram including a closed scale classification using only letters from A to G in seven different colours from dark green to red in order to show both energy efficiency and consumption of energy;
Amendment 349 #
Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)
Article 2 – paragraph 1 – point 17 a (new)
(17a) 'Reset', in the context of this Regulation, means to move the graphic diagram of the existing labels back to an A to G closed scale without emptying any energy classes.
Amendment 360 #
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 dudurability or reparability, which is based on data that are measurable by market surveillance authorities, is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers.
Amendment 366 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) 'Parameter' means individual variable or piece of information, including test report, that can be isolated, searched, sorted upon and downloaded for further analysis and is presented in the database under a numeric and/or text format
Amendment 377 #
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 providsupplied, free of charge, with accurate labels and product information sheets for each unit in accordance with this Regulation and the relevant delegated acts;
Amendment 381 #
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) they shall deliver labels and product information sheets promptly and free of charge on request from dealers. This requirement applies to all models, existing and new ones;
Amendment 388 #
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) they shall not place on the market products designed in a such a way that any of the product performance is automatically altered in test conditions with the objective of reaching a more favourable level for any of the parameters specified in the delegated act or included in any of the documentation provided with the product;
Amendment 391 #
Proposal for a regulation
Article 3 – paragraph 1 – point c b (new)
Article 3 – paragraph 1 – point c b (new)
(cb) they shall not by means of software updates, either manually, remotely, through automatic or required updates, introduce changes that would have the effect of altering performance leading to an increase in the energy consumption during a product life-time, either in the use-phases, or standby modes after the product is in use;
Amendment 392 #
Proposal for a regulation
Article 3 – paragraph 1 – point c c (new)
Article 3 – paragraph 1 – point c c (new)
(cc) they shall be able to provide the product information sheets and all the technical documentation for a period of at least 10 years after the last unit of the product has been placed on the market.
Amendment 393 #
Proposal for a regulation
Article 3 – paragraph 1 – point c d (new)
Article 3 – paragraph 1 – point c d (new)
(cd) they shall provide, every year no later than 31 January, the Commission with their annual aggregated sales data in the Union of the previous calendar year. They will be expressed in terms of number of units sold per each product category and energy class. The individual suppliers sales data shall not be made public;
Amendment 399 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) they shall, prior to placing a productn unit of a model on the market, enter for that model into the product database established in accordance with Article 8 the information detailed in Annex I.
Amendment 401 #
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
Amendment 407 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) they shall display in a visible and prominent manner the label provided by the supplier or otherwise made available for a product covered by a delegated act;
Amendment 412 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
Article 3 – paragraph 2 – point b – introductory part
(b) they shall, where they do not have a label or a rescaled label, request the label or the rescaled label from the supplier;
Amendment 415 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – point i
Article 3 – paragraph 2 – point b – point i
Amendment 422 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – point ii
Article 3 – paragraph 2 – point b – point ii
Amendment 425 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – point iii
Article 3 – paragraph 2 – point b – point iii
Amendment 436 #
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 anydisplay the full energy label, including the energy consumption, of the product in any written, including on-line advertisement or technical promotional material for a specific model of products in accordance with the relevant delegated act;.
Amendment 445 #
Proposal for a regulation
Article 3 – paragraph 3 – point a a (new)
Article 3 – paragraph 3 – point a a (new)
(aa) For all other type of advertisement or promotional material not covered by point a, they shall at least make reference to the energy efficiency class and the energy consumption.
Amendment 447 #
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 and for products not covered by any delegated acts under this Regulation, not supply or display labels which mimic the label as defined in this Regulation.
Amendment 465 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. By 1 January 2018, Member States shall establish and implement a market surveillance plan for checks carried out to comply with the requirements of this Regulation and the relevant delegated acts, in particular the correct use and compliance of labels and product information sheet. The plans shall include information on the human, financial and other resources for the implementation of the verification plans. Member States shall review their market surveillance plan at least every three years. This review shall evaluate to which extent the objectives and other elements of that inspection plan have been implemented. Members States shall ensure that stakeholders established in their territory have the possibility to alert national authorities through a complaint procedure or the Commission notably through the transparency platform established in Article 8a about possible cases of non-compliance with the requirements in this Regulation and the relevant delegated acts adopted under Article 12. Member States shall put in place a procedure to respond within three weeks upon receipt of the complaint and inform the sender of the action taken and the reasons for this action.
Amendment 467 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Articles 16 to 29 of Regulation (EC) No 765/2008 shall apply to energy-related products covered by this Regulation and its delegated acts. Member States shall ensure that surveillance authorities perform regular checks on an adequate scale and on the basis of statistically relevant samples to verify compliance.
Amendment 487 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where the Commission or the market surveillance authorities of one Member State have sufficient reason to believe that an energy- related product covered by a delegated act under this Regulation presents a risk to aspects of public interest protection covered by this Regulation, they shall carry out an evaluation in relation to the energy- related product concerned covering all the requirements laid down in this Regulation and its relevant delegated acts. The supplier shall cooperate as necessary with the market surveillance authorities for that purpose.
Amendment 493 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where, in the course of that evaluation, the market surveillance authoritieit is fiound that thean energy-related product model does not comply with the requirements laid down in this this Regulation and its relevant delegated acts, they shall without delay market surveillance authorities shall: (a) require the supplier to take all appropriate corrective action to bring the energy- related product into compliance with those requirements, to withdraw the energy- related product from the market,out delay but not longer than 21 calendar days; (b) ensure that the corrective action prescribed is proportionate to the nature orf to recall it within a reasonable period, comhe risk; (c) decide at their discretion whether the corrective action can be accompanied by, or consist entirely of, restrictive menasuratees aiming to withdraw 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 paragraphenergy-related product from the market, or to recall it, in accordance Article 21 of Regulation (EC) No 765/2008; (d) address both corrective actions and restrictive measures also to the equivalent models available on the market.
Amendment 500 #
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, they shalln cases of non-compliance are detected, market surveillance authorities shall always inform the Commission and the other Member States of the results of the evaluation and of the actions which they have required the supplier to take.
Amendment 517 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Commission may, by means of delegated acts adopted pursuant to Articles 12 and 13, introduce labels or rescale existing labelor rescale labels. The labels shall be designed in a way that both the absolute product performance (energy consumption) and the relative performance (energy efficiency taking into account relevant aspects of the product model such as size, volume, and/or amenities) are reflected in the calculation to define the energy class. In addition to the energy class, the energy consumption shall be displayed per cycle, per year, per life time or any period of time most relevant to the product category. The labels shall be technology neutral, enabling a comparison between all appliances delivering similar services; independent of energy carrier or technology employed. There shall be only one label for functionally equivalent products, and there shall be no exemptions of labelling duties. When comparing different energy carriers for the purpose of the energy label, primary energy should be referred to, based on the EU average of energy conversion efficiency (primary energy factor), to assess the performances and the energy class of the products.
Amendment 528 #
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 be shown on the label. In that case or in any other case which leads to a label with empty bottom energy classes, the dark green to red spectrum of the label shall be retained for the remaining upper classes. If less than four classes are available on the label, the label shall be rescaled.
Amendment 540 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall ensure that, when a label is introduced or rescaled, the requirements are laid down so that no products are expected to fall in energy classes A or B at the moment of the introduction of the label and so that the estimated time within which a majority of models falls into thosr rescaling of the classes shall be at least ten years laterbel.
Amendment 547 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Labels shall be re-scaled periodicallywhen technological progress in the relevant product group makes it appropriate. The Commission shall initiate the preparatory phase for the revision of the label in order to adopt the rescaled label no later than 1.5 years after. This review process shall start when 40% of the units of a product model and all its equivalent sold on the market fall on A and B -the two highest energy classes or when 50% of the products models fall on A, B and C -the three highest energy classes.
Amendment 559 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. The Commission shall prepare and publicise on a yearly basis consolidated sales data per product category and per energy class. This information will enable the Commission to monitor the market evolution of energy labelled products and initiate the rescaling of a specific product group label when the penetration thresholds established under paragraph 4 are reached.
Amendment 585 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Labels introduced by delegated acts adopted in accordance with Article 10 of Directive 2010/30/EU before the date of application of this Regulation shall be considered as labels for the purposes of this Regulation. The Commission shall review those labels withi(a) Their new A-G closed scale shall apply at the date of the application of this Regulation. When resetting the labels introduced by delegated acts adopted in accordance with Article 10 of Directive 2010/30/EU, the A-class will be in dark green, the C-class in green-yellow and the G class in red; (b) Rescaled existing labels shall apply (b.1.) at the date of the application of this Regulation for all product groups whose relevant delegated act entered into force before 01 January 2013 (b.2.) no later than five years ofafter the entry into force of this Regulation with a view to rescaling theme relevant delegated act for all other product groups not covered by point b.1. When an existing label is rescaled, the requirements of paragraph 3 shall apply. The Commission shall review the relevant delegated acts in accordance with Article 10 of Directive 2010/30/EU following the calendar established by sub-paragraph b.
Amendment 610 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
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 and accessible free of charge.
Amendment 611 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The information shall be entered into the database by suppliers as specified in Article 3(1). Suppliers shall have access and editing rights to the information they entered. A record of changes shall be kept for market surveillance purposes, keeping track of dates of any editing. To avoid redundant registration, notably by importers, an automatic recognition of model numbers and identifying codes already documented shall be established.
Amendment 618 #
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
31b. The information listed under point 1 of Annex I shall ensure that the publically available data in the database provides with easy identification of the best energy class being populated for each product category.
Amendment 619 #
Proposal for a regulation
Article 8 – paragraph 1 c (new)
Article 8 – paragraph 1 c (new)
1c. All the parameters related to the label and product information sheet, including the energy classes as defined in delegated acts shall be entered individually and in a format that is searchable and sortable.
Amendment 620 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Transparency platform The Commission shall establish an online public transparency platform. That platform shall serve to increase transparency, and facilitate and promote cooperation between Member States, in particular concerning complaints and exchange of information on market surveillance referred to in Articles 4, 5 and 6. In addition, the platform may be used to make public relevant information which the Commission or a Member State deems to be of key importance to this Regulation and to the achievement of its objectives. The Commission shall make public on the transparency platform the following information, where appropriate in aggregated form, preserving the confidentiality of commercially sensitive information: (a) Member States' education and information campaigns as referred to in Article 4(4), (b) Member States' market surveillance plan as referred to in Article 4(5a), (c) The direct contact details of the Member State and Commission surveillance authorities, (d) Member States' and Commission's outcome of the compliance checks and, if applicable, corrective action and restrictive measures taken by the market surveillance authorities as referred to in Articles 5 and 6, (d) Member States and Union's yearly consolidated sales data as referred to in Article 7(4a), (e) The hyperlink of the database as referred in Article 8, (f) Commission's working plan as referred to in Article 11,
Amendment 621 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
Amendment 622 #
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 labels and rescaling under Article 7 and each delegated act, a balanced participation of 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 629 #
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 working plan which shall be made publicly available. The working plan shall set out an indicative list of product groups, including IT and office equipment, 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 amended periodically by the Commission after consultation with the Consultation Forum. The working plan may be combined with the working plan required by Article 16 of Directive 2009/125/EC.
Amendment 631 #
Proposal for a regulation
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
The 2017 working plan shall in particular ensure that the delegated Regulation (EU) 2015/11861a of 24 April 2015 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of local space heaters is amended in that year, notably in order to include electric local space heaters in the uniform design and content for the product labels of local space heaters. __________________ 1a OJ L 193, 21.7.2015, p20
Amendment 634 #
Proposal for a regulation
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
Amendment 637 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point a a (new)
Article 12 – paragraph 3 – subparagraph 1 – point a a (new)
(aa) that labels shall be technologically neutral. Products belonging to the same product group shall be covered by one label regardless of the type of energy sources they use to deliver the service. Products shall not be excluded by the label merely because of the type of energy sources they use.
Amendment 649 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point h
Article 12 – paragraph 3 – subparagraph 1 – point h
(h) that when verifying compliance with the requirements, nonly those verification tolerances that are set out in the delegated act(s)or at the utmost tolerance reflecting only measurement uncertainty shall apply;
Amendment 659 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point l
Article 12 – paragraph 3 – subparagraph 1 – point l
(l) wthether specific modalities granting that for larger appliances a higher level of energy efficiency is required to reach a given energy class;
Amendment 669 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The delegation of power referred to in Articles 7 and 12 shall be conferred on the Commission for an indeterminate period of time from the date of application of this Regulation period of six years from the date of application of this Regulation. The Commission shall make a report in respect of the delegation of power not later than six months before the end of the six-year period. The delegation of power shall be automatically extended for an additional period of six years, unless the European Parliament or the Council revokes it in accordance with paragraph 3 not later than three months before the end of the six-year period.
Amendment 670 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
No later than eight years after the entry into force30 June 2022, the Commission shall assess the application of this Regulation and transsubmit a report to the European Parliament and the Council. Thatis report shall assess how effectively this Regulation and its delegated acts has allowed customers to choose more energy efficient products, taking into account its impacts on business, on energy consumption and on greenhouse gases emissions.
Amendment 675 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 679 #
Proposal for a regulation
Annex I – part 1 – point a
Annex I – part 1 – point a
(a) manufacturer's or supplier's name or trademarkname or trademark, address, contact details and other legal identification of the supplier;
Amendment 680 #
Proposal for a regulation
Annex I – part 1 – point d
Annex I – part 1 – point d
(d) the energy class(es) and all other parameters on the label and on the product information sheet, documented in single individually retrievable fields;
Amendment 682 #
Proposal for a regulation
Annex I – part 1 – point e a (new)
Annex I – part 1 – point e a (new)
(ea) test report or similar technical evidence enabling to assess compliance with all requirements in the relevant delegated act;
Amendment 686 #
Proposal for a regulation
Annex I – part 2 – point b
Annex I – part 2 – point b
Amendment 689 #
Proposal for a regulation
Annex I – part 2 – point c
Annex I – part 2 – point c