Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL setting a framework for energy efficiency labelling and repealing Directive 2010/30/EU - Hoofdinhoud

Council of the European Union Brussels, 22 September 2015 (OR. en)

11376/15 Interinstitutional File:

2015/0149 (COD) i

ENER 294 ENV 510 CONSOM 140 CODEC 1099

NOTE

From: General Secretariat of the Council

To: Delegations

No. Cion doc.: 11012/15 ENER 284 ENV 493 CONSOM 131 CODEC 1054

Subject: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL setting a framework for energy efficiency labelling and repealing Directive 2010/30 i/EU

Following the examination of the above-mentioned proposal by the Working Party on Energy on 1 and 10 September 2015, delegations will find attached the Presidency's compromise proposals.

Changes are marked with bold underline, deletions are marked with [ ].

All delegations have a scrutiny reservation on the text.

ANNEX

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

setting a framework for energy [ ] labelling and repealing Directive 2010/30 i/EU

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article

194(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee 1 ,

Having regard to the opinion of the Committee of the Regions 2 ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) The European Union is committed to building an Energy Union with a forward looking 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.

1 OJ C , , p. .

2 OJ C , , p. .

(2) Energy efficiency labelling allows consumers to make informed choices with regard to energy consumption of products and thereby promotes innovation.

(3) Directive 2010/30 i/EU of the European Parliament and of the Council 3 was evaluated for its effectiveness 4 . The evaluation identified the need to update the Energy Labelling framework

to improve its effectiveness.

(4) It is appropriate to replace Directive 2010/30 i/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.

(5) Moderating energy demand is recognised as a key action in the European Energy Security

Strategy 5 . The Energy Union Framework Strategy 6 further emphasised the energy efficiency

first principle and the need to fully implement existing Union energy legislation. Its Roadmap provided for a review of the energy efficiency framework for products in 2015. This Regulation will improve the legislative and enforcement framework for energy labelling.

(7) Improving the efficiency of energy-related products through informed consumer choice benefits the Union economy overall, drives innovation and will contribute to the achievement of the Union's 2020 and 2030 energy efficiency targets. It will also allow consumers to save money.

3 OJ L 153, 18.6.2010, p. 1.

4 COM(2015) 143 i

5 COM/2014/330

6 COM(2015) 80 final i

(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.

(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 i 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.

(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.

(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 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.

(12) In the case of a rescaled label, suppliers should provide both the old and the rescaled labels to dealers during a certain period. 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. Dealers should not display the rescaled labels before the date of replacement.

(13) It is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process. Economic operators should be responsible for compliance in relation to their respective roles in the supply chain and should take appropriate measures to ensure that they only make available on the market products which are in conformity with this Regulation and its delegated acts.

(14) In order for customers to retain trust in the energy label, other labels 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.

(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 i of the European Parliament and of the Council7 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 through support by the Commission.

(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 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.

(17) The penalties applicable to infringements of the provisions of this Regulation and delegated acts adopted under it should be effective, proportionate and dissuasive.

(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. 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.

7 OJ L 218, 13.8.2008, p. 30.

(19) Energy consumption and other information concerning the products covered by productspecific 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. 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.

(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 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.

(21) In order to establish product-specific labels and information sheets and operational details relating to the product database, the power to adopt acts in accordance with Article 290 on the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and with the Consultation Forum.

(22) This Regulation should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of Directive 2010/30 i/EU.

(23) Directive 2010/30 i/EU should therefore be repealed.

HAVE ADOPTED THIS REGULATION:

Article 1 Subject matter and scope

• 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 supplementary information concerning energy-related products in order to allow customers to choose more efficient products and reduce their energy consumption.

• 2. 

  This Regulation shall not apply to:

  (a) Second hand products;

(b) Means of transport for persons or goods other than those operated by a stationary

motor. 8

8 The following recital will be inserted to explain what products are meant: "As their energy

consumption is directly or indirectly regulated by other Union legislation and policies, it is appropriate to continue to exempt means of transport for persons or goods from the scope of this Regulation. However, it is clarified that means of transport such as elevators, escalators and conveyor belts whose motor stays in the same location during operation should be within the scope of the Regulation."

Article 2 Definitions

For the purposes of this Regulation the following definitions apply:

(1) 'Customer' means any natural or legal person who buys or hires a product covered by this

Regulation for their own use whether or not acting for purposes which are outside his trade, business, craft or profession;

(2) 'Placing on the market' means the first making available of a product on the Union market;

(3) 'Making available on the market' means any supply of a product for distribution or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;

(4) 'Putting into service' means the first use of a product for its intended purpose on the Union market;

(5) ‘Supplier’ means the manufacturer in the Union, the authorised representative of a manufacturer who is not established in the Union, or the importer, who places products covered by this Regulation on the market within the Union;

(6) 'Manufacturer' means any natural or legal person who manufactures a [ ] product or has a product designed or manufactured, and markets that [ ] product under his name or trademark;

(7) 'Authorised representative' means any natural or legal person established in the Union who has received a written mandate from the manufacturer to act on his behalf in relation to

specified tasks;

(8) 'Importer' means any natural or legal person established in the Union who places a [ ] product from a third country on the Union market;

(9) ‘Dealer’ means a retailer or other person who sells, hires, offers for hire purchase or displays products to customers;

(10) 'Distance selling' means sale, hire or hire purchase by mail order, catalogue, Internet, telemarketing or any other method where the potential end user cannot be expected to see the product displayed;

(11) ‘Energy-related product’ (hereinafter 'product') means any good or system or service with an impact on energy consumption during use, which is placed on the market [ ] or put into

service in the Union [ ];

(12) ‘Harmonised standard’ means a European standard as defined in Article 2(1)(c) of Regulation

(EU) No 1025/2012; 9

(13) ‘Label’ means a graphic diagram including a classification using letters from A to G in seven different colours from dark green to red in order to show consumption of energy. It includes rescaled labels;

(14) 'Model' means a version of a product of which all units share the same technical characteristics relevant for the label and the product information sheet and share the same model identifier;

(15) 'Model identifier' means the code, usually alphanumeric, which distinguishes a specific product model from other models with the same trade mark or supplier’s name;

(16) 'Equivalent model' means a model placed on the market by the same supplier and with the same label and product information as another model, but with a different model identifier;

(17) 'Product information sheet' means a standard table of information relating to a product;

(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;

9 Regulation (EU) No 1025/2012 i of the European Parliament and of the Council on European

standardisation (OJ L 316, 14.11.2012, p.12).

(19) [ ]

(20) 'Supplementary information' means information on the functional and environmental performance of a [ ] product, such as its absolute energy consumption or durability [ ].

Article 3 Obligations of suppliers and dealers

• 1. 

  Suppliers shall [ ]:

(a) [ ] ensure that products placed on the market are [] supplied 10 free of charge, with

accurate labels and product information sheets in accordance with this Regulation and the relevant delegated acts. In duly jusitified cases, delegated acts may instead provide that the product information sheets have to be downloaded from the product database established under Article 8.

(b) [ ] deliver labels promptly and free of charge on request from dealers;

(c) [ ] ensure the accuracy of the labels and product information sheets that they provide and produce technical documentation sufficient to enable the accuracy to be assessed. For products placed on the market before 1 January 2017 and those placed on the market between 1 January 2017 and 31 December 2018 for which the information detailed in Annex I has not yet been registered in the product database established under Article 8, suppliers shall make an electronic version available for inspection within 10 days of a request received from market surveillance authorities or the Commission;

10 The following recital will be inserted to provide explanation on cases where label appears on

packaging: "When suppliers supply a label with a product they place on the market, it should accompany each unit of the product in a paper form that complies with the requirements of the relevant delegated act. The dealer should be able to display the supplied label together with the unit in the position required by the relevant delegated act. If the delegated act allows it, the label may instead be printed on the packaging of the product."

(d) [ ] 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.

(e) for models placed on the market between 1 January 2017 and 31 December 2018, enter into the product database established in accordance with Article 8 the

information set out in Annex I, no later than 1 July 2019.

• 2. 

  Dealers shall [ ]:

  (a) [ ] display in a visible manner, including in distance selling via the Internet, the label provided by the supplier or [ ] made available in accordance with subparagraph (b) for a product covered by a delegated act;

  (aa) make available to customers the product information sheet;

  (b) [ ] where they do not have a label [ ] or product information sheet, and without prejudice to subparagraphs (1) (a) and (b);

  (i) request [ ] them from the supplier; or

  (ii) print [ ] or download them for electronic display from the product database established in accordance with Article 8, if these functions are available for that product; or

  (iii) print them out [ ] or download them for electronic display from the supplier's website , if these functions are available for that product.

  (c) [ ].

• 3. 

  Suppliers and dealers shall [ ]:

  (a) [ ] 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;

  (b) [ ] cooperate with market surveillance authorities and take immediate action to remedy any situation of non-compliance with the requirements set out in this Regulation and its delegated acts falling under their responsibility, at their own initiative or when required to do so by market surveillance authorities;

  (c) [ ] for products covered by delegated acts under this Regulation, not provide or display other labels, marks, symbols or inscriptions which do not comply with the requirements of this Regulation and of the relevant delegated acts, if this is likely to mislead or confuse customers with respect to the consumption of energy or other resources during use.

  (d) [ ] for products not covered by delegated acts under this Regulation, not supply or display labels which mimic the label as defined in this Regulation.

  Article 4 Obligations of Member States

• 1. 

  Member States shall not prohibit, restrict or impede the placing on the market or putting into service, within their territories, of [ ] products which comply with this Regulation and its

  relevant delegated acts.

• 2. 

  Member States shall take all appropriate measures to ensure that suppliers and dealers comply with the obligations and requirements of this Regulation and of the relevant delegated acts.

• 3. 

  Where Member States provide any incentives for a [ ] product covered by this Regulation and specified in a delegated act, these shall aim at the highest class of energy efficiency laid down in the applicable delegated act, in which products are available.

• 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 on energy labelling [ ], if appropriate in cooperation with dealers and suppliers.

• 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. Rules fulfilling the requirements of Article 15 of Directive 2010/30/EU shall be considered to fulfil these requirements as regards penalties. Member States shall notify [ ] rules that had not previously been notified to the Commission by the date of application of this Regulation and shall notify without delay any subsequent amendment affecting them.

Article 5

Union market surveillance and control of [ ] products entering the Union market

• 1. 

  Articles 16 to 29 of Regulation (EC) No 765/2008 i shall apply to [] products covered by this Regulation and its delegated acts.

• 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.

Article 6

[ ] Procedure for dealing with products presenting a risk at national level

• 1. 

  Where the market surveillance authorities of one Member State have sufficient reason to believe that a [ ] 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 [ ] product concerned covering all [ ] relevant requirements laid down in this Regulation and its relevant delegated acts. [ ] Suppliers and dealers shall cooperate as necessary with the market surveillance authorities for that purpose.

• 2. 

  Where, in the course of that evaluation, the market surveillance authorities find that the [ ] product does not comply with the requirements laid down in this Regulation and its relevant delegated acts, they shall without delay require the supplier or dealer to take all appropriate corrective action to bring the [ ] product into compliance with those requirements, to

  withdraw the [ ] 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 i shall apply to the measures referred to in this paragraph.

• 3. 

  Where the 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 or dealer to take.

• 4. 

  The supplier or dealer shall ensure that all appropriate corrective action is taken in respect of all the [ ] products concerned that it has made available on the market throughout the Union.

• 5. 

  Where the supplier or dealer 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 [ ] product's being made available on their national market, to withdraw the [ ] 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.

• 6. 

  The information referred to in the paragraph 5 shall include all available details, in particular the data necessary for the identification of the non-compliant [ ] product, the origin of the [ ] product, the nature of the non-compliance alleged and the risk involved, the nature and

  duration of the national measures taken and the arguments put forward by the supplier or dealer. In particular, the market surveillance authorities shall indicate whether the noncompliance is due to either failure of the [ ] product to meet requirements relating to aspects of public interest protection laid down in this Regulation or shortcomings in the harmonised standards referred to in Article 9 conferring a presumption of conformity.

• 7. 

  Member States other than the Member State initiating the procedure shall without delay inform the Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of the [ ] product concerned, and, in the event of disagreement with the notified national measure, of their objections.

• 8. 

  Where, within 60 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.

• 9. 

  Member States shall ensure that appropriate restrictive measures, such as withdrawal of the [ ] product from their market, are taken in respect of the [ ] product concerned, without delay.

  Article 6a

  Union safeguard procedure

1. Where, on completion of the procedure set out in [ ] Article 6(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 or dealer 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.

2. The Commission shall address its decision to all Member States and shall immediately communicate it to them and the supplier or dealer.

3. If the national measure is considered justified, all Member States shall take the measures necessary to ensure that the non-compliant [ ] product is withdrawn from their market, and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure.

4. Where the national measure is considered justified and the non-compliance of the [ ] product is attributed to shortcomings in the harmonised standards referred to in [ ] Article 6(6), the

Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012 i.

Article 7 Labels and rescaling

• 1. 

  The Commission may, by means of delegated acts adopted pursuant to Articles 12 and 13, introduce labels or rescale existing labels.

• 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 i, the class or classes in question shall no longer be shown on the label.

• 3. 

  The Commission shall ensure that, when a label is introduced or rescaled, the requirements are laid down so that:

  (a) in the case of products where technology is expected to develop relatively rapidly, no products are expected to fall in energy classes A and B at the moment of the

  introduction of the label and so that the estimated time within which a majority of models falls into those classes shall be at least ten years later.

  (b) in the case of products where technology is expected to develop relatively slowly, no products are expected to fall in energy class A at the moment of the introduction of the label and so that the estimated time within which a majority of models falls into that class shall be at least ten years later.

• 4. 

  Labels shall be re-scaled [ ] when technological progress in the relevant product group makes it appropriate.

• 5. 

  When a label is rescaled:

  (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).

  (b) dealers shall replace the existing labels on products on display including on the Internet with the rescaled labels within one week following the date specified for that purpose in the relevant delegated act. Dealers shall not display the rescaled labels before that date.

• 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. In exception to paragraph 4, the Commission shall review those labels within five years of the entry into force of this Regulation with a view to rescaling them.

  Article 8 Product database

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. The market surveillance authorities shall have access to the information listed under point 2

of Annex I. 11

11 To complement this text change the following text should be added to recital 16: "The

safeguarding of confidential information should be ensured."

Article 9 Harmonised standards

After the adoption of a delegated act under this Regulation setting specific labelling requirements adopted in accordance with Article 13 of this Regulation, the Commission shall, in accordance with

Regulation (EU) No 1025/2012 i 12 , publish references to harmonised standards that satisfy the

relevant measurement and calculation requirements of the delegated act in the Official Journal of the European Union.

When during the conformity assessment of a product such harmonised standards are applied, the product shall be [ ] presumed to be in conformity [ ] with the relevant measurement and calculation requirements of the delegated act.

Article 10 Consultation

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 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 [ ] shall be combined with the Consultation Forum referred to in Article 18 of Directive 2009/125/EC i.

Where appropriate prior to the adoption of delegated acts, the Commission shall test the design and content of the labels for specific product groups with consumers to ensure their clear understanding of the labels.

12 OJ L 316, 14.11.2012, p12

Article 11 Working plan

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 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 [ ] shall be amended periodically by the Commission after consultation with the Consultation Forum. The working plan [ ] shall be combined with the working plan required by Article 16 of Directive 2009/125/EC i.

Article 12 Delegated Acts

• 1. 

  The Commission shall be empowered to adopt delegated acts concerning detailed requirements relating to labels for specific groups of [ ] products ('specific product groups') in accordance with Article 13.

• 2. 

  Delegated acts shall specify product groups which satisfy the following criteria:

  (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 resources;

  (b) product groups with equivalent functionality shall differ significantly in the relevant performance levels;

  (c) there shall be no significant negative impact as regards the affordability and the life cycle cost of the product group.;

  (d) The introduction of a label for a product to be covered by a delegated act shall not have a significant negative impact on the functionality of the product from the

  perspective of the user.

• 3. 

  Delegated acts relating to specific product groups shall specify in particular:

  (a) the definition of the specific product groups falling under the definition of 'energyrelated product' set out in Article 2(11) which are to be covered;

  (b) the design and content of the label, including a scale showing consumption of energy consisting of A to G, which as far as possible shall have uniform design characteristics across product groups and shall in all cases be clear and legible. The A-G steps of the classification shall correspond to significant energy and cost savings from the

  customer's perspective;

  (c) where appropriate, the use of other resources and supplementary information concerning energy related products, in which case the label shall emphasise the energy efficiency of the product. Supplementary information shall be unambiguous and with no negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers. It shall be based on data relating to physical product characteristics that are measurable by market surveillance authorities;

  (d) the locations where the label shall be displayed, such as attached to the product, printed on the packaging, provided in electronic format or displayed on line;

  (e) where appropriate, electronic means for labelling products;

  (f) the manner in which the label and technical information are to be provided in the case of distance selling;

  (g) the content and, where appropriate, the format and other details concerning the technical documentation and product information sheet;

(h) that when Member States verify compliance with the requirements, only those

verification tolerances that are set out in the delegated act(s) shall apply;

(i) the obligations on suppliers and dealers in relation to the product database; (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;

(k) [ ] the measurement and calculation methods to be used to determine label and product information sheet information;

(l) whether for larger appliances a higher level of energy efficiency is required to reach a given energy class;

(m) the format of any additional references on the label allowing customers to access through electronic means more detailed information on the product performance included in the product information sheet;

(n) whether and how energy classes describing the product's energy consumption during use should be shown on smart meters or on the product's interactive display;

(o) the date for the evaluation and possible revision of the delegated act;

(p) where appropriate, differences in energy performances in different climatic regions.

[moved to paragraph 3 point (b)]

For the format of references referred to in point (m) of the first subparagraph, those references may take the form of a website address, a Quick Response (QR) code, a link on on-line labels or any other appropriate consumer-oriented means.

[moved to paragraph 2 point (d)].

The Commission shall be empowered to adopt delegated acts regarding operational details relating to the product database, including any obligations on suppliers and dealers in accordance with Article 13.

Article 13 Exercise of the delegation

• 1. 

  The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

• 2. 

  The delegation of power referred to in Articles 7 and 12 shall be conferred on the

  Commission for [ ] a period of five years from XXX. The Commission shall draw up a report in respect of the delegation of power not later than six months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

• 3. 

  This delegation of power referred to in Articles 7 and 12 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the

  delegation of the power specified in this Regulation. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

• 4. 

  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the

  European Parliament and to the Council.

• 5. 

  A delegated act adopted pursuant to Articles 7 and 12 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council.

  Article 14 Evaluation

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 its impacts on business.

Article 15

Repeal

Directive 2010/30 i/EU is repealed with effect from 1 January 2017.

References to Directive 2010/30 i/EU shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex II.

Article 16 Entry into force

This Regulation shall enter into force on the day following that of its publication in the Official

Journal of the European Union.

It shall apply from 1 January 2017.

However, Article 3(1)(d) shall apply from 1 January 2019.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX I

INFORMATION TO BE INCLUDED IN THE PRODUCT DATABASE

1. Publicly available product information:

(a) manufacturer's or supplier's name or trademark;

(b) the model identifier [ ];

(c) the label in electronic format;

(d) the class(es) and other parameters on the label;

(e) the product information sheet in electronic format.

2. Compliance information, only available to Member States' market surveillance authorities and the Commission:

(a) the technical documentation specified in the applicable delegated act;

(aa) the model identifier of all equivalent models;

(b) test report or similar technical evidence enabling compliance with all requirements in the applicable delegated act to be assessed;

(c) name and address of the supplier;

(d) the contact details of a representative of the supplier.

ANNEX II

Correlation Table

Directive 2010/30 i/EU This Regulation

Article 1(1) Article 1(1)

Article 1(2) —

Article 1(3)(a) & (b) Article 1(2)(a) & (b)

Article 1(3)(c) —

Article 2 Article 2

Article 2(a) Article 2(11)

Article 2(b) Article 2(17)

Article 2(c) —

Article 2(d) —

Article 2(e) —

Article 2(f) —

Article 2(g) Article 2(9)

Article 2(h) Article 2(5)

Article 2(i) Article 2(2)

Article 2(j) Article 2(4)

Article 2(k) —

Article 3 Article 4

Article 3(1)(a) Article 4(2)

Article 3(1)(b) Article 3(3)(c)

Article 3(1)(c) Article 4(4)

Article 3(1)(d) Article 5(2)

Article 3(2) Article 3(3)(b) & Article 6

Article 3(3) Article 5(1)

Article 3(4) —

Article 4(a) Article 3(2)

Article 4(b) —

Article 4(c) Article 3(3)(a)

Article 4(d) Article 3(3)(a)

Article 5 Article 3(1) & (3)

Article 5(a) Article 3(1)(a)

Article 5(b) points (i), (ii), (iii) and (iv) Article 3(1)(d) & Annex I

Article 5(c) Article 3(1)(d)

Article 5(d) Article 3(1)(a)

Article 5(d) 2 nd subparagraph Article 3(1)(b)

Article 5(e) Article 3(1)(a)

Article 5(f) —

Article 5(g) Article 3(1)(a)

Article 5(h) —

Article 6 Article 3(2) & (3)

Article 6(a) Article 3(2)(a)

Article 6(b) Article 3(2)(a)

Article 7 Article 12(3)(d) & (f)

Article 8(1) Article 4(1)

Article 8(2) —

Article 9(1) Repealed by Directive 2012/27 i/EU

Article 9(2) Repealed by Directive 2012/27 i/EU

Article 9(3) Article 4(3)

Article 9(4) —

Article 10(1) Article 12

Article 10(1) second paragraph Article 12(2)

Article 10(1) third paragraph —

Article 10(1) fourth paragraph Article 12(3)(c)

Article 10(2)(a) Article 12(2)(a)

Article 10(2)(b) Article 12(2)(b)

Article 10(2)(c) —

Article 10(3)(a) —

Article 10(3)(b) —

Article 10(3)(c) Article 10

Article 10(3)(d) —

Article 10(4)(a) Article 12(3)(a)

Article 10(4)(b) Article 12(3)(k)

Article 10(4)(c) Article 12(3)(g)

Article 10(4)(d) Article 12(3)(b)

Article 10(4)(d) second paragraph —

Article 10(4)(d) third paragraph Article 12(3)(b)

Article 10(4)(d) fourth paragraph Article 7(3)

Article 10(4)(d) fifth paragraph Article 7

Article 10(4)(e) Article 12(3)(d)

Article 10(4)(f) Article 12(3)(g)

Article 10(4)(g) Article 12(3)(j)

Article 10(4)(h) Article 7(3)

Article 10(4)(i) Article 12(3)(h)

Article 10(4)(j) Article 12(3)(o)

Article 11(1) Article 13(2)

Article 11(2) Article 13(4)

Article 11(3) Article 13(1)

Article 12(1) Article 13(3)

Article 12(2) —

Article 12(3) Article 13(3)

Article 13 Article 13(5)

Article 14 Article 14

Article 15 Article 4(5)

Article 16 —

Article 17 Article 15

Article 18 Article 16

Article 19 Article 16

Annex I —

• - 

  Annex I

Annex II Annex II

Met de EU Monitor volgt u alle Europese dossiers die voor u van belang zijn en bent u op de hoogte van alles wat er speelt in die dossiers. Helaas kunnen wij geen nieuwe gebruikers aansluiten, deze dienst zal over enige tijd de werkzaamheden staken.

De EU Monitor is ook beschikbaar in het Engels.