57 Amendments of Hermann WINKLER related to 2015/0149(COD)
Amendment 191 #
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. 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. As the energy consumption of means of transport for persons or goods is directly or indirectly regulated by other Union legislation and policies, it is appropriate to continue to exempt them from the scope of this Regulation. This exemption includes means of transport whose motor stays in the same location during operation, such as elevators, escalators and conveyor belts.
Amendment 195 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is appropriate to exempt second hand products from this Regulation, which includes all those products that have been put into service before being made available on the market for a second or additional time.
Amendment 205 #
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 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 210 #
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 consumptionefficiency of energy-related products. It should be supplemented with a product information sheet, which may be made available electronically. 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 '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 229 #
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. Technical promotional material does not include advertisements in billboards, magazines and newspapers, radio or television broadcasting and similar online formats.
Amendment 238 #
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. A newly rescaled label shouldmay have an 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 timeframmaking the newly introduced label easily distinguishable from the old label by its visual appearance.
Amendment 251 #
Proposal for a regulation
Recital 12
Recital 12
Amendment 262 #
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, in particular in the framework of the Energy Labelling Administrative Cooperation Working Group (ADCO) on energy labelling should be reinforced through support by the Commission. __________________ 21 OJ L 218, 13.8.2008, p. 30. OJ L 218, 13.8.2008, p. 30.
Amendment 269 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 293 #
Proposal for a regulation
Recital 20
Recital 20
(20) TBased on the scope of this regulation, 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 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 , upon which the Council and the European Parliament should be continuously formally informed by the Commission, should be implemented starting witsh absolute energy consumption, durability or environmental performance, in coherence with the objective to promote a circular economy technical, environmental and economic analysis of the product groups concerned. 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 300 #
Proposal for a regulation
Recital 21
Recital 21
Amendment 304 #
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 energyenergy- efficiency of energy-related products and other resources consumption of energy by energy- related products during use and supplementary information concerning energy-related products in order to allow customers to choose more efficient products.
Amendment 313 #
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 thanincluding those operated by a stationary motor.
Amendment 314 #
Proposal for a regulation
Article 1 – paragraph 2 – point b a (new)
Article 1 – paragraph 2 – point b a (new)
(ba) Capital goods
Amendment 320 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) 'Manufacturer' means any natural or legal person who manufactures an energy- related product or has such a product designed or manufactured, and markets that energy- related product under his name or trademark;
Amendment 321 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘Dealer’ means a retailer or other person who sells, hires, offers for hire purchase or displays products to customersis the natural or legal person in the supply chain, other than the manufacturer or importer, who makes an energy-related product available on the market;
Amendment 330 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘Energy-related product’ means any good or system or service with an impact on energy consumption during use, which is placed on the market and put into service in the Union, including parts intended to be incorporated into energy-related products covered by this regulation which are placed on the market and put into service as individual part for customers and of which energy performance can be assessed independently;
Amendment 334 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘Energy-related product’ means any good or system or service with an impact on energy consumption during use, which is placed on the market and put into service in the Union, including parts to be incorporated into energy-related products which are placed on the market and put into service;
Amendment 344 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘Label’ means a graphic diagram, in printed or electronic form, including a classification using letters from A to G in seven different colours from dark green to red in order to show energy efficiency and consumption of energy;
Amendment 350 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) 'Rescale' means a periodicn 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 362 #
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 and verifiable 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 365 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
Article 2 – paragraph 1 – point 20 a (new)
(20a) 'capital good' means any good which is not intended for consumers or not likely, under reasonably foreseeable conditions, to be used by consumers;
Amendment 374 #
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 printed labels and make available product information sheets, printed or electronically, for each unit in accordance with this Regulation and the relevant delegated acts; delegated acts may provide that the label is printed on the packaging of the product. For product groups where the product consists of several parts or components and the energy efficiency is function of such components, suppliers shall provide labels, free of charge, to dealers at the moment of display.
Amendment 385 #
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) they shall ensure the accuracy of the labels they provide and product information sheets that they providmake available and produce technical documentation sufficient to enable the accuracy to be assessed by market surveillance authorities;
Amendment 395 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
Amendment 398 #
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. Combined facilities must not be entered in the database.
Amendment 404 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) they shall display in a visible manner, directly on the appliance or in its immediate proximity, the label provided by the supplier or otherwise made available for a product covered by a delegated act;
Amendment 413 #
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 a rescaled label from the supplier;
Amendment 414 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – point i
Article 3 – paragraph 2 – point b – point i
Amendment 418 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – point ii
Article 3 – paragraph 2 – point b – point ii
Amendment 424 #
Proposal for a regulation
Article 3 – point 2 – point b – point ii
Article 3 – point 2 – point b – point ii
(ii) alternatively, in order to comply with the requirement referred to at (a), they may print out the label from the product database established in accordance with Article 8 if that function is available for that product; or
Amendment 426 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – point iii
Article 3 – paragraph 2 – point b – point iii
Amendment 434 #
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 456 #
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 least at the highest occupied classes of energy efficiency laid down in the applicable delegated act.
Amendment 460 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall 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. These activities should be coordinated by the European Commission.
Amendment 469 #
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 in the framework of the Energy Labelling Administrative Cooperation Working Group (ADCO) and between such authorities and the Commission.
Amendment 486 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where 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 outdoes not comply with the requirements of the delegated act and therefore presents a risk to aspects of public interest protection, they shall carry out, in accordance with regulation 765/2008/EU, 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 502 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where tThe market surveillance authorities consider that non-compliance is not restricted to their national territory, they shall 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 521 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 529 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall ensure that, when, based on studies on future technical evolution, that a label is only introduced or rescaled, the requirements are laid down so that no products are expected to f when technological progress makes this necessary and shall in genergy classes A or B at the moment of the introduction of the label and so that theally aim for a validity of at least ten years for the introduced or rescaled label. It shall review the label once it estimateds time within which a majority of modelhat 40 percent of the products sold within the Union markets falls into those classes shall be at least ten years latere top energy class and further technological development can be expected soon.
Amendment 550 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Labels shall be re-scaled periodicallywhen it estimates that 40 % of products sold fall into energy class A and, based upon studies on future potential technical evolution, further technological development can be expected soon.
Amendment 562 #
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 569 #
Proposal for a regulation
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
(a) suppliers shall provide both the current and the rescaled labels to dealers for a period of six months before the date specified in paragraph (b), as well as all information necessary to draw up the labels for integrated systems.
Amendment 575 #
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 one weekmonth following the date specified for that purpose in the relevant delegated act. Dealers shall not display the rescaled labels before that date.
Amendment 584 #
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. The design of the rescaled label shall differ visibly from its predecessor. The European Commission shall ensure the development of communication and information campaigns to be rolled out by Member States in accordance with Article 4.4.
Amendment 586 #
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 lLabels within five years of the entry into force of this Regulation with a view to rescaling themonce it estimates that 40 percent of the products sold within the Union market fall into the top energy class and further technological development can be expected soon.
Amendment 594 #
Proposal for a regulation
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. Labels for products with more than two primary energy sources that need more than 7 classes to achieve differentiation, shall not be subject to the provisions in Article 7.6. Such product groups shall be rescaled when the majority of products, based on items sold in the preceding year, fall in the top energy efficiency class and when additional savings may be achieved by further differentiating products. In exception to Article 2.13, these labels may contain a different number of classes, without changing the dark green to red colour spectrum.
Amendment 599 #
Proposal for a regulation
Article 8
Article 8
Amendment 624 #
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 Member States’ representatives (including market surveillance authorities) 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 632 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts concerning detailed requirements relating to labels for specific groups of energy-related products ('specific product groups') in accordance with Article 13.
Amendment 633 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) according to the most recently available figures and considering the quantities placed on the Union market, the product group shall have significant potential for saving energy and where relevant, other resourcesused by consumers using products belonging to the product group in the European Union;
Amendment 650 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point i
Article 12 – paragraph 3 – subparagraph 1 – point i
Amendment 657 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point j
Article 12 – paragraph 3 – subparagraph 1 – point j
(j) the specific indication of the energy class to be included in advertisements and technical promotional material, including requirements for this to be in a legible and visible form;
Amendment 667 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 5
Article 12 – paragraph 3 – subparagraph 5
Amendment 672 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
Directive 2010/30/EU is repealed with effect from 1 January 20178.
Amendment 673 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
It shall apply from 1 January 20178.
Amendment 676 #
Proposal for a regulation
Annex I
Annex I