35 Amendments of Gerben-Jan GERBRANDY related to 2015/0149(COD)
Amendment 96 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall lay down the rules on penalties and enforcement mechanisms applicable to infringements 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 and compensate for the economic advantage of incompliance. 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 97 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The Commission may independently test the energy performance of products and verify compliance. The Commission may engage a third party for this purpose.
Amendment 103 #
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 Statesshall inform the Commission of the results of the evaluation and of the actions which they have required the supplier to take and upload the information in the product database.
Amendment 104 #
Proposal for a regulation
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Where, on completion of the procedure set out in paragraphs 4 and 5, objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the supplier and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not, and may decide on an appropriate alternative measure.
Amendment 183 #
Proposal for a regulation
Recital 1
Recital 1
(1) The European Union is committed to building an Energy Union with a forward looking energy and climate policy. Energy efficiency is a crucial element of the European Union's 2030 Climate and Energy Policy Framework and is key to moderate energy demand.
Amendment 188 #
Proposal for a regulation
Recital 2
Recital 2
(2) Energy efficiency labelling allows consumers to make informed choices with regard to energy consumption of products and thereby promotes innovation and gives an incentive to producers to develop more energy efficient products.
Amendment 231 #
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 246 #
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 and dealers. 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 and feasible timeframe.
Amendment 255 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In order to take the burden for dealers into account during the relabeling process, dealers will be allowed to have only one clearly visible rescaled label present for a group of identical products. This would apply in cases when the label is printed on the packaging, such as in the case of lightbulbs, or when products are displayed together in a large quantity;
Amendment 265 #
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 energy labelling should be reinforced and incentivized through support by the Commission. __________________ 21 OJ L 218, 13.8.2008, p. 30. OJ L 218, 13.8.2008, p. 30.
Amendment 266 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Market surveillance authorities should share the outcome of their test results. Where up until now only infractions were communicated to other member states and the Commission, they should also communicate when a test result did not prove an infraction. This should avoid unnecessary double testing and result in a more efficient use of scarce resources. Eventually a European market surveillance authority should be established to optimise market surveillance in a cost-efficient manner.
Amendment 291 #
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 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 simulate real-life use as close as possible. 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 331 #
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 covered by this Regulation which are placed on the market and put into service; as individual parts for end-users and of which the environmental performance can be assessed independently;
Amendment 345 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘Label’ means a graphic diagram including, in printed or electronic form, including, amongst others, a classification using letters from A to G in seven different colours from dark green to red in order to show consumption of energy;
Amendment 356 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) 'Rescaled label' means a label based on a new design for a particular product that has undergone a rescaling exercise and is clearly distinguishable to the end-user from the previous label.
Amendment 409 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) they shall display in a visible manner, including in online sales, the label provided by the supplier or otherwise made available for a product covered by a delegated act;
Amendment 439 #
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 anyvisual advertisements or technical promotional material for a specific model of products in accordance with the relevant delegated act;
Amendment 459 #
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. The Commission shall support cooperation and the exchange of best practices in relation to these campaigns.
Amendment 464 #
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 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 and relative to the economic advantage of incompliance. 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 466 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. The Commission shall assess used penalties and publish recommendations with the aim of creating a level playing field and having Member States impose penalties of the same impact to market players.
Amendment 470 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall support and incentivise 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, including when test results indicated that the producer is in compliance with the relevant legislation.
Amendment 476 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The Commission may independently test the energy performance of products and verify compliance. The Commission may engage a third party for this purpose.
Amendment 496 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where the mMarket 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 and upload the information in the product database.
Amendment 497 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where the mMarket 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 and upload the information in the product database.
Amendment 503 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where the mMarket 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 506 #
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 delay, of those measures, and shall upload the information in the product database.
Amendment 507 #
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 delay, of those measures, and shall upload the information in the product database.
Amendment 512 #
Proposal for a regulation
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Where, on completion of the procedure set out in paragraphs 4 and 5, objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the supplier and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not, and may decide on an appropriate alternative measure.
Amendment 513 #
Proposal for a regulation
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Where, on completion of the procedure set out in paragraphs 4 and 5, objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the supplier and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not.
Amendment 514 #
Proposal for a regulation
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Where, on completion of the procedure set out in paragraphs 4 and 5, objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the supplier and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not.
Amendment 551 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Labels shall be re-scaled periodically, but at the latest when it is estimated that in the previous year at least 25 percent of the products sold within the Union market fall into the top energy class.
Amendment 554 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Labels shall be re-scaled periodically, but at the latest when it is estimated that in the previous year at least 25 percent of the products sold within the Union market fall into the top energy class.
Amendment 580 #
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 onetwo weeks following the date specified for that purpose in the relevant delegated act. Dealers shall not display the rescaled labels before that date.
Amendment 658 #
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 visual advertisements and technical promotional material, including requirements for this to be in a legible and visible form;
Amendment 671 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
No later than eight years after the entry into force, the Commission shall assess the application of this Regulation and transmit a report to the European Parliament and the Council. That report shall assess how effectively this Regulation has allowed customers to choose more efficient products, taking into account criteria such as its impacts on business, the impact on total energy consumption, the cost of the database and the impact on the effectiveness of market surveillance authorities control activities.