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, 9 September 2016

PUBLIC

(OR. en)

11988/16

Interinstitutional File:

2015/0149 (COD) i LIMITE

ENER 311 ENV 558 CONSOM 202 CODEC 1213

NOTE

From: General Secretariat of the Council

To: Delegations

No. prev. doc.: 11803/16 ENER 303 ENV 536 CONSOM 196 CODEC 1176

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

DOCUMENT PARTIALLY ACCESSIBLE TO THE PUBLIC (03.10.2016)

In view of the Working Party on Energy on 13 September 2016, delegations will find attached new

Presidency compromise proposals on recitals, on Articles 7, 8 and the Annex.

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

COMISSION PROPOSAL EP PLENARY TEXT COUNCIL GENERAL Presidency compromise

(COD 0149/15 - doc. 11012/15) APPROACH (doc. 14699/15) proposal/ comments

THE EUROPEAN THE EUROPEAN PARLIAMENT DELETED FROM THIS

PARLIAMENT AND THE AND THE COUNCIL OF THE POINT UNTIL THE END

COUNCIL OF THE EUROPEAN EUROPEAN UNION, OF THE COLUMN

UNION,

Having regard to the Treaty on the Having regard to the Treaty on the

Functioning of the European Functioning of the European Union,

Union, and in particular Article and in particular Article 194(2)

194(2) thereof, thereof,

Having regard to the proposal Having regard to the proposal from from the European Commission, the European Commission,

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

Parliaments, Parliaments,

Having regard to the opinion of Having regard to the opinion of the the European Economic and European Economic and Social

Social Committee 1 , Committee

Having regard to the opinion of Having regard to the opinion of the

the Committee of the Regions 2 , Committee of the Regions,

Acting in accordance with the Acting in accordance with the ordinary legislative procedure, ordinary legislative procedure,

Whereas: Whereas:

1 OJ C , , p. .

2 OJ C , , p. .

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Amendment 1 Recital 1

• (1) 

  The European Union is (1) The European Union is (1) The European Union is committed committed to building an Energy committed to building an Energy to building an Energy Union with a Union with a forward looking Union with a forward looking forward looking climate policy. climate policy. Energy efficiency energy and climate policy. Energy efficiency is a crucial element is a crucial element of the Energy efficiency is a crucial of the European Union's 2030 Climate European Union's 2030 Climate element of the European Union's and Energy Policy Framework and is and Energy Policy Framework 2030 Climate and Energy Policy key to moderate energy demand. and is key to moderate energy Framework and is key to demand. moderate energy demand and

  limiting greenhouse gas emissions. Amendment 2 Recital 2

• (2) 

  Energy efficiency labelling (2) Energy efficiency labelling (2) Energy [ ] labelling allows allows consumers to make allows consumers to make consumers to make informed choices informed choices with regard to informed choices with regard to with regard to energy consumption of energy consumption of products efficient and sustainable energyproducts and thereby promotes and thereby promotes innovation. related products and thereby innovation. Improving the efficiency

  makes a significant contribution of energy-related products through to energy savings and to reducing informed consumer choice and energy bills, while at the same harmonising related requirements time promoting innovation and at Union level benefits investments into the production manufacturers, industry and the of more energy efficient EU economy overall. products.

• (3) 

  Directive 2010/30 i/EU of the (3) Directive 2010/30 i/EU of the

European Parliament and of the European Parliament and of the

Council 3 was evaluated for its Council was evaluated for its

3 OJ L 153, 18.6.2010, p. 1.

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effectiveness 4 . The evaluation effectiveness. The evaluation

identified the need to update the identified the need to update the

Energy Labelling framework to Energy Labelling framework to improve its effectiveness. improve its effectiveness.

4 COM(2015) 143 i

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Amendment 3 Recital 4

• (4) 

  It is appropriate to replace (4) It is appropriate to replace (4) It is appropriate to replace

Directive 2010/30 i/EU by a Directive 2010/30 i/EU by a Directive 2010/30 i/EU by a Regulation

Regulation which maintains the Regulation which maintains the which maintains the same scope, but same scope, but modifies and same scope, but modifies and modifies and enhances some of its enhances some of its provisions in enhances some of its provisions in provisions in order to clarify and order to clarify and update their order to clarify and update their update their content. As the energy content. A Regulation is the content taking into account the consumption of means of transport appropriate legal instrument as it rapid technological progress for for persons or goods is directly or imposes clear and detailed rules energy efficiency in products indirectly regulated by other Union which do not give room for achieved over recent years. A legislation and policies, it is divergent transposition by Regulation is the appropriate legal appropriate to continue to exempt Member States and ensures thus a instrument as it imposes clear and them from the scope of this higher degree of harmonisation detailed rules which do not give Regulation. However, it is across the Union. A harmonised room for divergent transposition appropriate to clarify that means of regulatory framework at Union by Member States and ensures transport whose motor stays in the rather than at Member State level thus a higher degree of same location during operation, brings down costs for harmonisation across the Union,. such as elevators, escalators and manufacturers and ensures a level A harmonised regulatory conveyor belts, should be within the playing field. Harmonisation framework at Union rather than at scope of the Regulation. across the Union ensures the free Member State level brings down movement of goods across the costs for manufacturers over the

Single Market. entire value chain and ensures a level playing field. Harmonisation across the Union ensures the free movement of goods across the

Single Market.

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Amendment 4 Recital 4a (new) (4 a) 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 5 Recital 4b (new) (4 b) Since the energy consumption of means of transport for persons or goods is directly or indirectly regulated by other

Union law and policies, it is appropriate to continue to exclude them from the scope of this

Regulation. That exclusion includes means of transport the motor of which remains in the same location during operation, such as elevators, escalators and conveyor belts.

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• (5) 

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

Strategy 5 . The Energy Union The Energy Union Framework

Framework Strategy 6 further Strategy further emphasised the

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

5 COM/2014/330

6 COM(2015) 80 final i

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Amendment 6 Recital 7

• (7) 

  Improving the efficiency of (7) Improving the efficiency of (7) Improving the efficiency of energy-related products through energy-related products through energy-related products through informed consumer choice informed consumer choice and informed customer choice benefits benefits the Union economy enhanced societal awareness the Union economy overall, drives overall, drives innovation and will benefits the Union economy innovation and will contribute to the contribute to the achievement of overall, reduces energy demand achievement of the Union's 2020 and the Union's 2020 and 2030 energy and saves money on energy bills. 2030 energy efficiency targets. It will efficiency targets. It will also It also contributes to energy also allow customers to save money. allow consumers to save money. security, provides an incentivise

  for research, innovation and investments into energy efficiency, and allows industries which develop and produce the most energy efficient products to gain a competitive advantage. It will also contribute to the achievement of the Union's 2020 and 2030 energy efficiency targets, as well as to the Union's environmental and climate goals.

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Amendment 7 Recital 8

• (8) 

  The conclusions of the (8) The conclusions of the European

European Council of 23 and 24 deleted Council of 23 and 24 October 2014

October 2014 set an indicative set an indicative target at Union level target at Union level of at least of at least 27% for improving energy 27% for improving energy efficiency in 2030 compared to efficiency in 2030 compared to projections of future energy projections of future energy consumption. This target will be consumption. This target will be reviewed by 2020 having in mind an reviewed by 2020 having in mind Union level of 30%. They also set a an Union level of 30%. They also binding EU target of at least 40% set a binding EU target of at least domestic reduction in greenhouse gas 40% domestic reduction in emissions by 2030 compared to 1990, greenhouse gas emissions by 2030 including a 30% reduction of compared to 1990, including a emissions in non-ETS sectors. 30% reduction of emissions in non-ETS sectors.

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Amendment 8 Recital 9

• (9) 

  The provision of accurate, (9) The provision of accurate, (9) The provision of accurate, relevant relevant and comparable relevant, verifiable and and comparable information on the information on the specific energy comparable information on the specific energy consumption of consumption of energy-related specific energy consumption of energy-related products facilitates the products facilitates the customer's energy-related products facilitates customer's choice in favour of those choice in favour of those products the customer's choice in favour of products which consume less energy which consume less energy and those products which consume and other essential resources during other essential resources during less energy and other essential use. A standardised mandatory label is use. A standardised mandatory resources during use in order to an effective mean to provide potential label is an effective mean to achieve a certain performance, customers with comparable provide potential customers with therefore having reduced lifeinformation on the energy comparable information on the cycle costs. A standardised consumption of energy-related energy consumption of energymandatory label is an effective products. It should be supplemented related products. It should be mean to provide potential with a product information sheet. The supplemented with a product customers with comparable label should be easily recognisable, information sheet. The label information on the energy simple and concise. To this end the should be easily recognisable, efficiency and absolute energy existing dark green to red colour scale simple and concise. To this end consumption of energy-related of the label should be retained as the the existing dark green to red products. It should be basis to inform customers about the colour scale of the label should be supplemented with a product energy efficiency of products. retained as the basis to inform information sheet, referred to as customers about the energy 'product fiche' in the delegated efficiency of products. acts adopted pursuant to

  Directive 2010/30 i/EU, which may be made available electronically. The label should be concise, based on proper measurement and calculation methodology, and easily recognisable and

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understandable. To this end the established set of colours of the label, dark green to red, should be retained as the basis to inform customers about the energy efficiency of products.

(recital 9 continued) The known classification using (9a) A classification using letters from

A classification using letters from letters from A to G has shown to A to G has shown to be cost effective

A to G has shown to be most be most effective for customers. for customers. However, in some effective for customers. In Its uniform application across cases, such as reaching insufficient situations where because of products groups should raise savings across the full spectrum of ecodesign measures under transparency and understanding the seven classes, a shorter scale Directive 2009/125/EC i products among customers. In situations could be appropriate. In situations can no longer fall into classes 'F' where because of ecodesign where because of ecodesign measures or 'G', those classes should not be measures under Directive under Directive 2009/125/EC i shown on the label. For 2009/125/EC products can no products can no longer fall into exceptional cases this should also longer fall into classes 'F' or 'G', classes 'F' or 'G', those classes should be extended to the 'D' and 'E' those classes should nonetheless not be shown on the label. For classes, although this situation is be shown on the label in dark exceptional cases this should also be unlikely to occur given that the grey, in order to maintain a extended to the 'D' and 'E' classes, label would be rescaled once a unified scale from A to G for all although this situation is unlikely to majority of product models falls product groups. In that context, occur given that the label would be into the top two classes. the dark green to red colour scale reviewed in view of rescaling [ ]

of the label should be retained for once 30 percent of the products [ ] the remaining upper classes and sold falls into the top [ ] class and should only apply to new product further tecnological development units placed on the market. can be expected soon.

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(9b) When suppliers supply a label with a product they place on the market, it should accompany in a paper form each unit of the product complying with the requirements of the relevant implementing act. If the implementing act allows it, the label may instead be printed on the packaging of the product. The relevant implementing acts should set out the most effective way of displaying the labels, taking into account implications for consumers, suppliers and dealers. The dealer should be able to display the supplied label together with the unit in the position required by the relevant implementing act.

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Amendment 9 Recital 10

• (10) 

  Advances in digital (10) Advances in digital (10) Advances in digital technology technology allow for alternative technology allow for alternative allow for alternative ways of [ ] ways of delivering and displaying ways of delivering and displaying supplying and displaying labels and labels electronically, such as on labels electronically, such as on product information sheets the internet, but also on electronic the internet, but also on electronic electronically, such as on the internet displays in shops. In order to take displays in shops. In order to take or via the product database, but also advantage of such advances, this advantage of such advances, this on electronic displays in shops. Regulation should allow the use Regulation should allow the use Without affecting the obligation of of electronic labels as replacement of electronic labels the supplier to provide the label in of or complementary to the complementary to the printed physical form, [ ] such technological physical energy label. In cases energy label. This provision does advances should be taken advantage where it is not feasible to display not affect the duty of the supplier of. Therefore, this Regulation should the energy label, such as certain to accompany each unit of a allow the use of electronic labels as forms of distance selling and in product with a printed label for replacement of or complementary to advertisements and technical the dealer. In cases where it is not the physical supply of the energy promotional material, potential feasible to display the energy label, and include the alternative to customers should be provided at label, potential customers should allow in implementing acts for the least with the energy class of the be provided at least with the product information sheet to be product. energy class of the product model. delivered only by means of the

  The delegated acts for specific information available in the product product groups could also database. establish alternative provisions for displaying the label for smallsized products, and when identical products are displayed together in large quantity.

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(10a) 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, the range of the efficiency classes available on the label and, where appropriate, energy consumption. In the case of radio advertising it would be appropriate for implementing acts to provide for less comprehensive details to be included.

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Amendment 10 Recital 11

• (11) 

  Manufacturers respond to (11) Manufacturers respond to (11) Manufacturers respond to the the energy label by creating ever the energy label by developing energy label by creating ever more more efficient products. This and placing on the market ever efficient products. This technological technological development leads more efficient products. In development leads to products to products populating mainly the parallel, they discontinue the populating mainly the highest classes highest classes of the energy production of less efficient of the energy label. Further product label. Further product products, stimulated to do so by differentiation may be necessary to differentiation may be necessary Union law relating to ecodesign. allow customers a proper comparison, to allow customers a proper This technological development leading to the need to rescale labels. comparison, leading to the need to leads to product models [ ] This Regulation should therefore rescale labels. For the frequency populating mainly the highest lay down detailed arrangements for of such rescaling a timescale of classes of the energy label. rescaling in order to maximise legal approximately ten years would be Further product differentiation certainty for suppliers and dealers. [ ] appropriate, taking into account may be necessary to allow the need to avoid over burdening customers a proper comparison, manufacturers. This Regulation leading to the need to rescale should therefore lay down labels. For the frequency of such detailed arrangements for rescaling a timescale of rescaling in order to maximise approximately ten years would be legal certainty for suppliers and desirable, taking into account the dealers. A newly rescaled label need to avoid over burdening should have empty top classes to manufacturers and dealers, with a encourage technological progress special consideration for small and enable ever more efficient businesses. Such an approach products to be developed and should avoid unnecessary or recognised. When a label is inefficient rescaling that would rescaled, confusion to customers damage both manufacturers and should be avoided by replacing all consumers. This Regulation energy labels within a short should therefore lay down timeframe. detailed arrangements for

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rescaling, in order to maximise legal certainty for suppliers and dealers. Before any rescaling, the

Commission should carry out a thorough preparatory study.

Depending on the product group and based on a detailed assessment of its potential, a newly rescaled label should have empty space at the top of the scale to encourage technological progress and enable ever more efficient product models 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, and by making the visual appearance of the rescaled label easily distinguishable from the old label, together with adequate consumer information campaigns clearly indicating that a new version has been introduced resulting in an improved appliance classification.

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Amendment 11 Recital 11a (new)

(11a) [ ] The frequency of such rescaling should be determined by the percentage of products sold that fall in the top class and should [ ] take into account the need to avoid over burdening [ ] suppliers and dealers, as well as the speed of technological progress. A newly rescaled label should have one empty top class to encourage technological progress, provide for regulatory stability and limit the frequency of rescaling. In exceptional cases, where technology is expected to develop more rapidly, requirements should be laid down so that no products are expected to fall in the top two classes at the moment of the introduction of the label.

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(11 a) The current evolution of labels established by delegated acts adopted pursuant to

Directive 2010/30 i/EU gives rise to the need for an initial rescaling of existing labels, in order to ensure a homogeneous

A-G scale, adapting them to the requirements of this Regulation.

(11b) When rescaling, the Commission should carry out an appropriate preparatory study, and in order to preserve the unity of the label over the long term, the possibility to rescale should be open if it is unlikely that the set conditions for rescaling would be fulfilled.

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• (12) 

  In the case of a rescaled (12) When a label is rescaled, label, suppliers should provide both confusion to customers should be

the old and the rescaled labels to avoided by replacing all energy dealers during a certain period. The labels within a short timeframe. replacement of the existing labels (moved from recital 11) In the case of on products on display, including a rescaled label, suppliers should

on the Internet, with the rescaled

labels should take place as quickly provide both the old and the rescaled as possible after the date of labels to dealers during a certain replacement specified in the period. The replacement of the delegated act on the rescaled label. existing labels on products on display, Dealers should not display the including on the Internet, with the rescaled labels before the date of rescaled labels should take place as

replacement. quickly as possible after the date of replacement specified in the [ ]

implementing act on the rescaled label. Dealers should not display the rescaled labels before the date of replacement.

• (13) 

  It is necessary to provide for (13) It is necessary to provide for a a clear and proportionate clear and proportionate distribution of distribution of obligations obligations corresponding to the role

corresponding to the role of each of each operator in the supply and operator in the supply and distribution process. Economic distribution process. Economic operators should be responsible for

operators should be responsible for

compliance in relation to their compliance in relation to their

respective roles in the supply chain respective roles in the supply chain and should take appropriate and should take appropriate measures measures to ensure that they only to ensure that they only make make available on the market available on the market products products which are in conformity which are in conformity with this with this Regulation and its Regulation and its [ ] implementing

delegated acts. acts.

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Amendment 12 Recital 14

• (14) 

  In order for customers to (14) In order for customers to (14) In order for customers to retain retain trust in the energy label, retain trust in the energy label, the trust in the energy label, other labels other labels that mimic the energy use of other labels that mimic the that mimic the energy label should not label should not be allowed to be energy label should not be be allowed to be used for energyused for energy-related products. allowed to be used for energyrelated products covered by labelling Additional labels, marks, symbols related products. Additional requirements. However, as long as or inscriptions that are likely to labels, marks, symbols or such products are not covered by mislead or confuse customers inscriptions that are not clearly other energy related requirements with respect to the consumption of differentiated from the energy at Union level, Member States energy should not be allowed efficiency label and could should be able to maintain or either. mislead or confuse customers introduce new national schemes for

with respect to the consumption of the labelling of products. Additional

energy or any other labels, marks, symbols or inscriptions

characteristics covered by the that are likely to mislead or confuse

relevant delegated act, should not customers with respect to the

be allowed either. consumption of energy should not be

allowed [ ]. Labels provided for in

EU legislation such as the labelling

of tyres with respect to fuel

efficiency and other environmental

parameters, and additional labels

such as the EU Energy Star and EU

Ecolabel should not be considered

as misleading or confusing.

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Amendment 13 Recital 15

• (15) 

  In order to ensure legal (15) In order to ensure legal (15) In order to ensure legal certainty, certainty, it is necessary to clarify certainty, it is necessary to clarify it is necessary to clarify that rules on that rules on Union market that rules on Union market Union market surveillance and control surveillance and control of surveillance and control of of products entering the Union market products entering the Union products entering the Union provided for in Regulation (EC) No market provided for in Regulation market provided for in Regulation 765/2008 i of the European Parliament (EC) No 765/2008 of the (EC) No 765/2008 of the and of the Council apply to energy European Parliament and of the European Parliament and of the related products. Given the principle

Council 7 apply to energy-related Council apply to energy-related of free movement of goods, it is

products. Given the principle of products. Given the principle of imperative that the market free movement of goods, it is free movement of goods, it is surveillance authorities of the Member imperative that the market imperative that the market States cooperate with each other surveillance authorities of the surveillance authorities of the effectively. Such cooperation on Member States cooperate with Member States cooperate with energy labelling should be reinforced each other effectively. Such each other effectively, through through support by the Commission to cooperation on energy labelling ongoing exchanges of the Group of Experts on Ecodesign should be reinforced through information, particularly and Energy Labelling support by the Commission. regarding the outcome of product Administrative Co-operation

conformity assessments and their Working Group (ADCO). consequences. Furthermore, custom authorities of the Member States should be involved in the exchange of information on energy-related imported products from third countries into the Union. The Group of Experts on Ecodesign and Energy Labelling

7 OJ L 218, 13.8.2008, p. 30.

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Administrative Co-operation

Working Group (ADCO) should be reinforced and enhanced by the Commission as framework for the cooperation of market surveillance authorities.

(15a) It is recalled that market surveillance activities covered by Regulation (EC) 765/2008 i are not directed exclusively towards the protection of health and safety, but also applicable to the enforcement of Union legislation which seeks to safeguard other public interests, including energy efficiency. In line with the market surveillance action plan for safer and compliant products for Europe, the Commission should complete and update the general risk assessment methodology available in the RAPEX Guidelines so that they cover all risks, including those related to energy labelling.

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Amendment 14 Recital 15a (new) (15 a) In order to ensure more effective surveillance and, thereof, fair competition in the

Union market, and to use scarce resources in the most efficient way, national market surveillance authorities should perform compliance monitoring also through physical product testing, and the Information and

Communication System on

Market Surveillance (ICSMS) to exchange information about planned and completed product testing, to make available testing protocols and to share the outcome of their tests, thus avoiding double testing and paving the way for regional centres of excellence for physical testing. Results should be shared also when a test does not show that there has been a breach.

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(15b) The Commission should, by means of implementing acts, in order to ensure uniform conditions for the implementation of the Union safeguard procedure, determine whether measures taken by Member States in respect of noncompliant energy related products are justified or not.

Amendment 15 Recital 16

• (16) 

  In order to facilitate the (16) Without prejudice to the (16) Without prejudice to the monitoring of compliance and to Member States' market obligation to [ ] check product provide up-to-date market data for surveillance obligations, in order conformity, in order to facilitate the the regulatory process on to set up a useful tool for monitoring of compliance and to revisions of product-specific consumers, to facilitate the provide up-to-date market data for the labels and information sheets, monitoring of compliance and to regulatory process on revisions of suppliers should provide their provide up-to-date market data for product-specific labels and product compliance information the regulatory process on information sheets, suppliers should electronically in a database revisions of product-specific provide their labels, product established by the Commission. labels and information sheets, information sheets and technical The information should be made suppliers should provide the documentation [ ] electronically in a publicly available to provide required product compliance database established by the information for customers and to information electronically in a Commission. The information on allow for alternative ways for database established and energy labels and product dealers to receive labels. Market maintained by the Commission. information sheets should be made surveillance authorities should The part of the information publicly available to provide have access to the information in addressed to consumers should information for customers and to the database. be made publicly available on the allow for alternative ways for dealers

  public interface of the product to receive labels. The technical database. That information documentation should not be made should be made available as open publicly available but only to market

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data so as to give 'app' surveillance authorities and the developers and other comparison Commission [ ]. Where some tools the opportunity to use it. technical information is so sensitive Easy direct access to the public that it is inappropriate to include it interface of the product database in the category of technical should be facilitated by a documentation as detailed in the dynamic quick response code relevant implementing acts, market (QR) or other user-oriented tools surveillance authorities should included on the printed label. retain the power to access this Additional information should be information when necessary in made available by suppliers on accordance with the duty of the compliance interface of the cooperation on suppliers. When any product database both to market changes with relevance for the label surveillance authorities and to the and the product information sheet Commission. The database are made to a product already on should be subject to strict data the market, the product is protection rules. Where the considered as a new model and the technical information is supplier has an obligation to sensitive, market surveillance register it in the product database. authorities should retain the power to access the information when necessary in accordance with the suppliers’ duty of cooperation.

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Amendment 16 Recital 16a (new) (16a) The Commission should set up and maintain an online portal that provides market surveillance authorities access to detailed product information on the servers of suppliers.

• (17) 

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

• (18) 

  In order to promote energy (18) In order to promote energy efficiency, climate mitigation and efficiency, climate mitigation and environmental protection, Member environmental protection, Member States should be able to create States should be able to create incentives for the use of energy incentives for the use of energy efficient products. Member States efficient products. Member States are

are free to decide on the nature of

such incentives. Such incentives free to decide on the nature of such should comply with Union State aid incentives. Such incentives should rules and should not constitute comply with Union State aid rules and unjustifiable market barriers. This should not constitute unjustifiable Regulation does not prejudice the market barriers. This Regulation does

outcome of any future State aid not prejudice the outcome of any procedure that may be undertaken future State aid procedure that may be in accordance with Articles 107 and undertaken in accordance with 108 of the Treaty on the Articles 107 and 108 of the Treaty on Functioning of the European Union the Functioning of the European in respect of such incentives. Union in respect of such incentives.

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Amendment 17 Recital 19

• (19) 

  Energy consumption and (19) The absolute energy (19) Energy consumption, other information concerning the consumption and other performance and other information products covered by productenvironmental and performance concerning the products covered by specific requirements under this information concerning the product-specific requirements under Regulation should be measured by products covered by productthis Regulation should be measured using reliable, accurate and specific requirements under this by using reliable, accurate and reproducible methods that take Regulation should be measured in reproducible methods that take into into account the generally accordance with harmonized account the generally recognised recognised state-of-the-art standards and methods and by state-of-the-art measurements and measurements and calculation using reliable, accurate and calculation methods. It is in the methods. It is in the interests of reproducible methods that take interests of the functioning of the the functioning of the internal into account the generally internal market to have standards market to have standards which recognised state-of-the-art which have been harmonised at Union have been harmonised at Union measurements and calculation level. In the absence of published level. In the absence of published methods. Those methods and standards at the time of application of standards at the time of testing environment, both for product-specific requirements the application of product-specific suppliers and market Commission should publish in the requirements the Commission surveillance authorities, should Official Journal of the European should publish in the Official be as close as possible to the real Union transitional measurement and Journal of the European Union life usage of a given product by calculation methods in relation to transitional measurement and the average consumer and robust those product-specific requirements. calculation methods in relation to in order to deter intentional and Once a reference to such a standard those product-specific unintentional circumvention. has been published in the Official requirements. Once a reference to The energy efficiency class Journal of the European Union such a standard has been should not be exclusively based compliance with it should provide a published in the Official Journal on the most energy efficient presumption of conformity with of the European Union setting or eco-mode, where this is measurement methods for those compliance with it should provide not likely to reflect average product-specific requirements adopted a presumption of conformity with consumer behaviour. Tolerance on the basis of this Regulation. measurement methods for those values and optional testing

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product-specific requirements parameters should be established adopted on the basis of this in such a way that they do not

Regulation. lead to significant variations of efficiency gains that might

possibly alter the energy efficiency class of a product. Permitted deviations between tested and declared results should be limited to the statistical measurement uncertainty. In the absence of published standards at the time of application of productspecific 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.

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Amendment 18 Recital 20

• (20) 

  The Commission should (20) Based on the scope of this (20) The Commission should provide provide a working plan for the regulation, the Commission a working plan for the revision of revision of labels of particular should provide a long-term labels of particular products including products including an indicative working plan for the revision of an indicative list of further energylist of further energy-related labels of particular products related products for which an energy products for which an energy including an indicative list of label could be established. The label could be established. The further energy-related products for working plan should be implemented working plan should be which an energy label could be starting with a technical, implemented starting with a established and should update environmental and economic analysis technical, environmental and this working plan periodically. of the product groups concerned. This economic analysis of the product The Commission should inform analysis should also look at groups concerned. This analysis the European Parliament and the supplementary information including should also look at supplementary Council annually about the the possibility and cost to provide information including the progress of the working plan. consumers with information on the possibility and cost to provide performance of an energy-related consumers with information on product, such as its [ ] energy the performance of an energyconsumption, durability or related product, such as its environmental performance, in absolute energy consumption, coherence with the objective to durability or environmental promote a circular economy. Such performance, in coherence with supplementary information should the objective to promote a circular improve the intelligibility and economy. Such supplementary effectiveness of the label towards information should improve the consumers and should not lead to any intelligibility and effectiveness of negative impact on consumers. the label towards consumers and should not lead to any negative impact on consumers.

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(20a) In spite of the repeal of Directive 2010/30 i/EU, suppliers of products marketed in accordance with that Directive before the date of application of this Regulation should continue to be subject to the obligation to make available an electronic version of the technical documentation of the products concerned upon request of the market surveillance authorities. Appropriate transitional provisions should ensure legal certainty and continuity in this respect.

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Amendment 19 Recital 20a (new) (20 a) The working plan should be implemented starting with a technical, environmental and economic analysis of the product groups concerned. That analysis should also consider supplementary information including the possibility and cost to provide consumers with accurate information on the performance of an energy-related product model, such as life-cycle cost, reparability, connectivity, recycled material content, durability, and environmental performance or combined energy efficiency performance index, 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.

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• (21) 

  In order to establish (21) In order to establish [ ] specific product-specific labels and product groups of energy related information sheets and operational products in accordance with a set of details relating to the product specific criteria, the power to adopt database, the power to adopt acts acts in accordance with Article 290 on in accordance with Article 290 on the Treaty on the Functioning of the the Treaty on the Functioning of European Union should be delegated the European Union should be to the Commission. It is of particular delegated to the Commission. It is importance that the Commission carry of particular importance that the out appropriate consultations during Commission carry out appropriate its preparatory work, including at consultations during its expert level and with the Consultation preparatory work, including at Forum. The Commission, when expert level and with the preparing and drawing up Consultation Forum. delegated acts, should ensure a

  simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

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(21a) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers on establishing detailed requirements relating to labels for the specific products groups and operational details relating to the product database should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council. (21b) Since the objectives of this Regulation, namely allowing customers to choose more efficient products by supplying relevant information, cannot be sufficiently achieved by the Member States but can rather, by further developing the harmonised regulatory framework and ensuring a level playing field for manufacturers, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

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• (22) 

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

• (23) 

  Directive 2010/30 i/EU (23) Directive 2010/30 i/EU should should therefore be repealed. therefore be repealed. HAVE ADOPTED THIS HAVE ADOPTED THIS REGULATION: REGULATION:

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Amendment 20 Article 1 - paragraph 1 and 2 Article 1 Article 1 Subject matter and scope Scope and subject matter 1. This Regulation lays down a 1. This Regulation lays down a 1. This Regulation shall apply to framework on the indication by framework that applies to energyenergy related products [ ] placed labelling and standard product related products and provides on the Union market or put into information of the consumption of them with a label regarding service on the Union market. These energy and other resources by energy efficiency, absolute products shall comply with this energy-related products during consumption of energy and other Regulation and the relevant use and supplementary environmental and performance implementing acts. information concerning energycharacteristics. It allows related products in order to allow customers to choose more customers to choose more energy-efficient products in order efficient products. to reduce their energy

consumption. 2. This Regulation shall not 2. This Regulation does not 2. It shall not apply to: apply to: apply to:

(a) Second hand products (a) Second hand products; (a) [ ]

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

• 3. 

  This Regulation lays down a framework on the indication by labelling and standard product information of the energy efficiency, consumption of energy and of other resources by energy-related products during use and supplementary information concerning energy-related products in order to allow customers

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to choose more efficient products and reduce [ ] energy consumption.

Article 2 Article 2 Definitions Definitions For the purposes of this For the purposes of this Regulation Regulation the following the following definitions apply: definitions apply:

• (1) 

  'Customer' means any natural (1) 'Customer' means any natural or or legal person who buys or hires legal person who buys or hires or a product covered by this receives a product covered by this Regulation for his own use Regulation for their own use whether whether or not acting for purposes or not acting for purposes which are which are outside his trade, outside his trade, business, craft or business, craft or profession profession;

• (2) 

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

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• (3) 

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

• (4) 

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

• (5) 

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

  Amendment 21 Article 2 – paragraph 1 – point 6 (6) 'Manufacturer' means any (6) 'Manufacturer' means any (6) 'Manufacturer' means any natural natural or legal person who natural or legal person who or legal person who manufactures a [ ] manufactures an energy-related manufactures an energy-related product or has a product designed or product or has a product designed product or has such a product manufactured, and markets that [ ] or manufactured, and markets that designed or manufactured, and product under his name or trademark; energy-related product under his markets that energy-related name or trademark product under his name or

  trademark;

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• (7) 

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

• (8) 

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

  Amendment 22 Article 2 - paragraph 1 - point 9 (9) ‘Dealer’ means a retailer or (9) 'Dealer' means a retailer or (9) ‘Dealer’ means a retailer or other other person who sells, hires, other natural or legal person who person who sells, hires, offers for hire offers for hire purchase or sells, hires, offers for hire purchase or displays products to displays products to customers purchase or displays products to customers or installers in the course

customers; of a commercial activity, whether in

return for payment or free of

charge;

• (10) 

  'Distance selling' means sale, (10) 'Distance selling' means sale, hire

hire or hire purchase by mail or hire purchase by mail order,

order, catalogue, Internet, catalogue, Internet, telemarketing or

telemarketing or any other method any other method where the potential

where the potential end user [ ] customer cannot be expected to

cannot be expected to see the see the product displayed;

product displayed

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Amendment 23 Article 2 - paragraph 1 - point 10a (new) (10 a) 'Energy efficiency' (10a) 'Energy efficiency' means the means the ratio of output of ratio of output of performance, performance, service, goods or service, goods or energy to input of energy, to input of energy; energy;

Amendment 24 Article 2 - paragraph 1 - point 11 (11) ‘Energy-related product’ (11) 'Energy-related product', (11) ‘Energy-related product’ means any good or system or hereinafter 'product', means any (hereinafter 'product') means any service with an impact on energy good or system [ ] with an impact good or system [ ] with an impact on consumption during use, which is on energy consumption during energy consumption during use, placed on the market and put into use, which is placed on the market which is placed on the market [ ] or service in the Union, including and put into service in the Union, put into service in the Union [ ]; parts to be incorporated into including parts intended to be energy-related products which are incorporated into energy-related placed on the market and put into products which are placed on the service market and put into service as

individual parts for customers and of which the energy and environmental performance can be assessed independently;

• (12) 

  ‘Harmonised standard’ (12) ‘Harmonised standard’ means a means a European standard as European standard as defined in defined in Article 2(1)(c) of Article 2(1)(c) of Regulation (EU) No

Regulation (EU) No 1025/2012 i 8 1025/2012;

8 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).

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Amendment 25 Article 2 - paragraph 1 - point 13 (13) ‘Label’ means a graphic (13) 'Label' means a graphic (13) ‘Label’ means a graphic diagram, diagram including a classification diagram, in printed or electronic either in printed or electronic form, using letters from A to G in seven form, including a closed scale including a classification using letters different colours from dark green using only letters from A to G, from A to G in seven different colours to red in order to show each class corresponding to from dark green to red in order to consumption of energy significant energy savings, in show energy efficiency and

seven different colours from dark consumption of energy. It includes green to red, in order to inform rescaled labels and labels with customers about energy fewer classes and colours in efficiency and energy accordance with Article 7(1b) and consumption; (4); Amendment 26 Article 2 - paragraph 1 - point 13a (new) (13 a) 'Product group' means a group of energy-related products which have the same main functionality;

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• (14) 

  'Model' means a version of a (14) 'Model' means a version of a product of which all units share product of which all units share the the same technical characteristics same technical characteristics relevant relevant for the label and the for the label and the product product information sheet and information sheet and share the same share the same model identifier model identifier; (15)'Model identifier' means the (15) 'Model identifier' means the code, code, usually alphanumeric, usually alphanumeric, which which distinguishes a specific distinguishes a specific product model product model from other models from other models with the same trade with the same trade mark or mark or supplier’s name; supplier’s name

• (16) 

  'Equivalent model' means a (16) 'Equivalent model' means a model placed on the market by the model which has the same technical same supplier and with the same characteristics relevant for the label label and product information as and the product information sheet, another model, but with a but is placed on the market by the different model identifier same supplier [ ] as another model [ ]

  with a different model identifier; Amendment 27

  Article 2 - paragraph 1 - point 17 (17) 'Product information sheet' (17) 'Product information sheet' (17) 'Product information sheet' means means a standard table of means a standard table of a standard table of information information relating to a product information relating to a product, relating to a product, either in

  either in printed or electronic printed or electronic form; form; Amendment 28 Article 2 - paragraph 1 - point 18

• (18) 

  'Rescale' means a periodic (18) 'Rescaling' means an (18) 'Rescale' means an [ ] exercise to exercise to make more stringent the exercise to make more stringent make more stringent the requirements requirements for achieving the the requirements for achieving the for achieving the energy class on a energy class on a label for a energy class on a label for a label for a particular product;

particular product, which, for

existing labels may imply the particular product group;

deletion of certain energy classes

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Amendment 29 Article 2 - paragraph 1 - point 19 (19) 'Rescaled label' means a label (19) 'Rescaled label' means a (19) [ ] for a particular product that has label for a particular product undergone a rescaling exercise. group that has undergone a

rescaling exercise, which is clearly distinguishable from the labels before rescaling; (19a) 'Smart appliance' means an appliance that, using advanced information and communications technologies and a standardised reference ontology, can be activated to respond to external stimuli such as price information, direct control signals sent through wireless or apps, and/or local measurements, and to automatically change its energy consumption pattern for a more efficient use;

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Amendment 30 Article 2 - paragraph 1 - point 20 (20) 'Supplementary information' (20) 'Supplementary information' (20) 'Supplementary information' means information on the means any information specified means information on the functional functional and environmental by the relevant delegated act on and environmental performance of a performance of an energy-related the functional, environmental and [ ] product, such as its [ ] energy product, such as its absolute resource-efficiency performance consumption; energy consumption or durability, of an energy-related product, which is based on data that are which is based on data that are measurable by market measurable and verifiable by surveillance authorities, is market surveillance authorities, is unambiguous and has no easily understandable and has no significant negative impact on the significant negative impact on the clear intelligibility and effectiveness of the label as a effectiveness of the label as a whole towards customers; whole towards customers.

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Amendment 31 Article 2 - paragraph 1 - point 20a (new) (20 a) 'Product database' means a collection of data concerning the energy-related products covered by this

Regulation and the delegated acts adopted pursuant thereto, arranged in a systematic manner and consisting of a public interface, organised as a consumer-oriented website, where information is individually accessible by electronic means, and a compliance interface, structured as a electronic platform supporting the activities of national market surveillance authorities, with clearly specified accessibility and security requirements.

• (21) 

  'Technical documentation' means documentation sufficient to enable to assess the accuracy of a label and product information sheet of a product, including a test report or similar technical evidence;

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• (22) 

  'System' means a combination of several goods which when put together perform a specific function in an expected environment and of which the energy efficiency can then be determined as a single entity; (23) 'Verification tolerance' means the maximum admissible deviation of the measurement and calculation results of the verification tests performed by, or on behalf of, market surveillance authorities, compared to the values of the declared or published parameters, reflecting interlaboratory variation deviation;

• (24) 

  'Product group' means a group of similar products with related functions.

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Article 3 Article 3 Obligations of suppliers' and Obligations of suppliers and dealers

dealers' Amendment 32

Article 3 - paragraph 1 1. Suppliers shall comply with 1. Suppliers shall: 1. Suppliers shall [ ]: the following:

(a) they shall ensure that products (a) ensure that products placed (a) [ ] ensure that products placed on placed on the market are on the market are provided, free the market are [ ] supplied, free of provided, free of charge, with of charge, with accurate printed charge, with accurate labels and accurate labels and product labels and with product product information sheets for each information sheets in accordance information sheets for each unit in accordance with this with this Regulation and the individual unit; Regulation and the relevant [ ] relevant delegated acts implementing acts adopted under

Article 12 of this Regulation [ ]. As an alternative to supplying the product information sheet with the product, implementing acts may [ ] provide that entering the parameters of such product information sheets into the product database established under Article 8 (hereinafter: 'the product database') is sufficient.

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Implementing acts may provide that the label is printed on the packaging of the product.

(b) they shall deliver labels (b) deliver labels and product (b) [ ] deliver labels, including promptly and free of charge on information sheets, free of rescaled labels in accordance with request from dealers charge, within five working days Article 7(5), and product

upon request from dealers; information sheets promptly and free

of charge on request from dealers.

(ba) provide both the current See Article 7(5) a): six months and the rescaled labels and product information sheets to dealers for a period of three months before the date specified in the relevant delegated act;

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(c) they shall ensure the accuracy (c) ensure the accuracy of the (c) [ ] ensure the accuracy of the of the labels and product labels and product information labels and product information sheets information sheets that they sheets, and produce technical that they provide and produce provide and produce technical documentation sufficient to enable technical documentation sufficient to documentation sufficient to enable the accuracy to be assessed; enable the accuracy to be assessed. the accuracy to be assessed

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(d) not place on the market products designed so that a model's 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.

(1a) In relation to the product database suppliers :

(d) they shall, prior to placing a (d) enter the information set (a) shall [ ] prior to placing a unit of a product model on the market, out in Annex I into the public [ ] model covered by an implementing

enter into the product database and compliance interfaces of the act under this Regulation on the established in accordance with product database established market, enter for that model into the Article 8 the information detailed pursuant to Article 8; product database [ ] the information

in Annex I. detailed in Annex I. A product for which any changes with relevance for

the label and the product information

(i) for all new models, before sheet are made shall be considered as placing a unit of the model on the a new product model. They shall

market, indicate in the database when units of a model are no longer being placed

on the market.

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(b) shall, by way of derogation from

point (a), for models, units of which

are placed on the market between 1

January 2017 and 31 December

2018, enter into the product

database the information set out in

Annex I, no later than 1 July 2019.

Until the time of data entry into the

product database, they shall make

an electronic version of the

technical documentation available

for inspection within 10 days of a

request received from market

surveillance authorities or the

Commission.

(ii) for all models placed on the (c) may for models, units of which

market after 1 January 2014 that are placed on the market before 1

are still being supplied, no later January 2017, enter into the

than 18 months after the product database the information

database is fully operational in set out in Annex I.

accordance with Article 16;

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(da) keep on the database pursuant to Article 8 the product information sheets and the technical documentation for a period of at least 10 years after the last product unit has been placed on the market;

(db) provide labels for product groups where the product consists of several subassemblies or components, the energy efficiency of which depends on the specific combination of those components;

Amendment 33 Article 3 - paragraph 1a (new) 1 a. Suppliers shall not:

(a) place on the market products designed so that their performance is automatically altered in test conditions, by means of either hardware or software incorporated into the product, with the objective of reaching a more favourable level;

(b) once the product is in service, introduce changes by means of software updates that would be to the detriment of the parameters of the original energy efficiency label, as defined by the relevant delegated act.

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Amendment 34 Article 3 - paragraph 2 2. Dealers shall comply with Dealers shall: 2. Dealers shall [ ]: the following:

(a) they shall display in a visible (a) where the product is for (a) [ ] display in a visible manner, manner the label provided by the sale, including online, display the including in distance selling via the supplier or otherwise made label in a visible and prominent Internet, the label provided by the available for a product covered by manner, as specified by the supplier or [ ] made available in a delegated act relevant delegated act; accordance with subparagraph 2 (b)

for a product covered by an [ ] implementing act; (aa) make available to customers the product information sheet;

(aa) replace existing labels with See Article 7(5) b): 10 days rescaled labels, both in shops and online, within three weeks following the date specified in the relevant delegated act;

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(b) they shall, where they do not (b) where they do not have a (b) [ ] where, despite the provisions have a label or a rescaled label label or a rescaled label, request it of paragraph 1(a) they do not have a

from the supplier; label [ ] or product information sheet, they shall [ ]:

(i) request the label or a rescaled deleted (i) request [ ] them from the supplier; label from the supplier or

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

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

(c) they shall make available to (c) upon request, make (moved to point (aa) above) customers the product information available to customers the product sheet. information sheet, including in

printed form.

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Amendment 35 Article 3 - paragraph 3 3. Suppliers and dealers shall Suppliers and dealers shall: 3. Suppliers and dealers shall [ ]: comply with the following:

(a) they shall make reference to (a) make reference to the (a) [ ] make reference to the energy the energy efficiency class of the energy efficiency class of the efficiency class of the product and the product in any advertisement or product in any visual range of the efficiency classes technical promotional material for advertisement or technical available on the label in any a specific model of products in promotional material for a advertisement or technical accordance with the relevant specific model of products in promotional material for a specific delegated act accordance with the relevant model [ ] in accordance with the

delegated act; relevant implementing act and to the

[ ] energy consumption, unless this

is stipulated otherwise by the

relevant implementing act;

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(b) they shall cooperate with (b) cooperate with market (b) [ ] cooperate with market market surveillance authorities surveillance authorities and take surveillance authorities and take and take immediate action to immediate action to remedy any immediate action to remedy any remedy any situation of nonsituation of non-compliance, situation of non-compliance with the compliance with the requirements pursuant to Article 5; requirements set out in this Regulation set out in this Regulation and its and its [ ] implementing acts falling delegated acts falling under their under their responsibility, at their own responsibility, at their own initiative or when required to do so by initiative or when required to do market surveillance authorities; so by market surveillance authorities

(c) they shall not, for products (c) refrain, for products (c) [ ] for products covered by [ ] covered by this Regulation, covered by this Regulation, from implementing acts under this provide or display other labels, providing or displaying any Regulation, not provide or display marks, symbols or inscriptions misleading, confusing or other labels, marks, symbols or which do not comply with the mimicking labels, marks, symbols inscriptions which do not comply with requirements of this Regulation or inscriptions, regarding the the requirements of this Regulation and of the relevant delegated acts, consumption of energy or other and of the relevant [ ] implementing if this is likely to mislead or resources during use; acts, if this is likely to mislead or confuse customers with respect to confuse customers with respect to the the consumption of energy or consumption of energy or other other resources during use resources during use;

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

not affect labels provided for in Member States' legislation, as long as they are not covered by implementing acts under this Regulation.

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Amendment 36 Article 3 - paragraph 3a (new) 3a. All general obligations regarding labels as of paragraphs 1 to 3 shall apply equally to existing, new and rescaled labels.

Article 4 Article 4

Obligations Obligations of Member States of Member

States

Amendment 37

Article 4 - paragraph 1

• 1. 

  Member 1. Member 1. Member States shall not [ ] impede, in relation to matters covered by

States shall States shall not this Regulation, the placing on the market or putting into service, within their

not prohibit, [ ] impede the territories, of [ ] products which comply with [ ] this Regulation and the

restrict or placing on the relevant [ ] implementing acts under this Regulation.

impede the market or

placing on the putting into

market or service, within

putting into their territories,

service, of products

within their which comply

territories, of with this

energy-related Regulation [ ].

products

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which comply with this

Regulation and its relevant delegated acts.

Amendment 38 Article 4 - paragraph 2 2. Member 2. Member 2. [ ]

States shall States shall take all take all appropriate appropriate measures to measures to ensure that ensure that suppliers and suppliers and dealers dealers comply comply with with the the obligations and obligations requirements of and this Regulation requirements []. of this

Regulation and of the relevant delegated acts.

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Amendment 39 Article 4 - paragraph 3 3. Where 3. Where 3. Where Member States provide any incentives for a [ ] product covered by Member Member States this Regulation and specified in an [ ] implementing act, these shall aim at the States provide provide any highest classes of energy efficiency, in which products are available, laid down any incentives incentives for a in the applicable[ ] implementing act[ ]. for an energyproduct related covered by this product Regulation and covered by specified in a this delegated act,

Regulation those and specified incentives shall in a delegated aim at the act, these highest two shall aim at populated the highest classes of class of energy energy efficiency, as efficiency laid laid down in down in the the applicable applicable delegated act. delegated act.

Amendment 40 Article 4 - paragraph 4 4. Member 4. Member 4. Member States shall ensure that the introduction of labels including States shall States shall rescaled labels and product information sheets is accompanied by educational ensure that the ensure that the and promotional information campaigns on energy labelling [ ], if appropriate in introduction introduction cooperation with dealers and suppliers. The Commission shall support of labels and rescaling cooperation and the exchange of best practices in relation to these including of labels is campaigns, including through the provision of a core script. rescaled accompanied

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labels and by educational product and information promotional sheets is information accompanied campaigns on by energy educational labelling. and promotional information campaigns The aimed at Commission promoting shall energy coordinate efficiency and those more campaigns, responsible supporting use of energy close by customers, cooperation if appropriate with suppliers in cooperation and dealers with dealers. and the

exchange of best practices.

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Amendment 41 Article 4 - paragraph 5 5. Member 5. Member 5. Member States shall lay down the rules on penalties and enforcement States shall States shall lay mechanisms applicable to infringements of the provisions of this Regulation and its shall lay down down the rules implementing acts, and shall take all measures necessary to ensure that they are the rules on on penalties implemented. The penalties must be effective, proportionate and dissuasive. Rules penalties and and fulfilling the requirements of Article 15 of Directive 2010/30 i/EU shall be enforcement enforcement considered to fulfil these requirements as regards penalties. Member States shall mechanisms mechanisms notify [ ] rules on penalties and enforcement mechanisms that had not previously applicable to applicable to been notified to the Commission by the date of application of this Regulation and infringements infringements shall notify without delay any subsequent amendment affecting them. of the of the provisions of provisions of this this Regulation

Regulation [ ], and shall and its take all delegated measures acts, and shall necessary to take all ensure that they measures are necessary to implemented. ensure that The penalties they are shall be implemented. effective,

The penalties proportionate must be and dissuasive, effective, and proportionate proportionate and to the dissuasive. economic

Member advantage of

States shall non

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notify those compliance. provisions to Member States the shall notify

Commission those by the date of provisions to application of the this Commission by

Regulation the date of and shall application of notify without this Regulation delay any and shall notify subsequent without delay amendment any subsequent affecting amendment them. affecting them.

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Article 5 Article 5 Union Union market surveillance and control of products entering the Union

market market surveillance and control

of energyrelated

products entering the

Union market 1. Articles 1. Articles 16 to 29 of Regulation (EC) No 765/2008 i shall apply to [ ] 16 to 29 of products covered by this Regulation and its [ ] implementing acts. Regulation (EC) No

765/2008 shall apply to energy-related products covered by this

Regulation and its delegated acts.

Amendment 42 Article 5 - paragraph 2 2. The 2. The 2. The Commission shall support cooperation and exchange of information

Commission Commission

shall support shall encourage

on market surveillance of energy labelling of products among national authorities of the Member States responsible for market surveillance or

cooperation and coordinate

and exchange cooperation and

external border controls and between such authorities and the Commission.

exchange of

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of information information on

on market market

surveillance surveillance of

of energy energy labelling

labelling of regarding

products products covered by this

among Regulation national among national

authorities of authorities of

the Member the Member

States States responsible responsible for

for market market surveillance or

surveillance in charge of the

or external control of border products

controls and entering the

between such Union market

authorities and between

and the them and the

Commission. Commission by strengthening

the Group of Experts on Ecodesign and Energy Labelling Administrative Co-operation Working Group (ADCO). Such exchanges of information shall also be

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conducted when test results indicate that the producer is in compliance with the relevant law.

Amendment 43 Article 5 - paragraph 2a (new) 2a. By 1

January 2018,

Member States shall establish and implement a market surveillance plan for monitoring the enforcement of the requirements of this Regulation.

Member States shall review their market surveillance plan at least every three years.

By 1 January

2020 and thereinafter on

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an annual basis, Member

States shall draw up a report on market surveillance, evaluating compliance trends with this

Regulation and with Directive

2009/125/EC.

Member States shall make the use of the

Information and

Communication

System on

Market

Surveillance

(ICSMS) compulsory for all national market surveillance authorities.

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Amendment 44 Article 5 - paragraph 2b (new) 2 b. National market surveillance authority shall carry out physical product testing, covering at least one product group per year in accordance with the delegated acts pursuant to this

Regulation.

Market surveillance authorities shall inform the other

Member States and the

Commission of their planned and completed

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physical tests, through the compliance interface of the product database established pursuant to

Article 8.

They shall use reliable, accurate and reproducible measurement procedures, pursuant to

Article 9, aiming to simulate reallife conditions of use and excluding intentional or unintentional manipulation or alteration of the test results.

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Amendment 45 Article 5 - paragraph 2c (new) 2c. Market surveillance authorities shall have the right to recover the costs of a physical product testing from suppliers in case of an infringement of this

Regulation.

The Commission may check independently compliance, directly or through a third party.

Article 6 Article 6 Union [ ] Procedure at national level for dealing with products presenting a risk

safeguard [ ] procedure Amendment 46 Article 6 - paragraph 1

• 1. 

  Where 1. Where 1. Where the market surveillance authorities of one Member State have the market the market sufficient reason to believe that a [ ] product covered by this Regulation[ ]

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surveillance surveillance presents a risk to aspects of public interest protection covered by this authorities of authorities of Regulation, such as environmental and consumer protection [ ] aspects, one Member one Member they shall carry out an evaluation in relation to the [ ] product concerned State have State have covering all [ ] energy labelling requirements relevant to the risk and laid sufficient sufficient down in this Regulation or its [ ] implementing acts. [ ] Suppliers and reason to reason to dealers shall cooperate as necessary with the market surveillance authorities believe that an believe that a [ for that purpose. energy-related ] product product covered by a covered by a delegated act delegated act under this under this Regulation

Regulation presents a risk presents a risk to aspects of to aspects of public interest public interest protection protection covered by this covered by Regulation, this they shall

Regulation, immediately they shall notify the carry out an Commission evaluation in and carry out relation to the an evaluation in energy-related relation to the product product model concerned concerned, covering all covering all the the requirements requirements laid down in laid down in this Regulation this and the

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Regulation relevant and its delegated acts, relevant also assessing delegated whether it is acts. The advisable to supplier shall extend the cooperate as evaluation to necessary other product with the models. The market supplier shall surveillance cooperate as authorities for necessary with that purpose. the market

surveillance authorities [ ].

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Amendment 47 Article 6 - paragraph 2 2. Where, 2. Where in 2. Where, in the course of that evaluation, the market surveillance authorities in the course the course of find that the [ ] product does not comply with the requirements laid down in this of that that evaluation, Regulation and its relevant [ ] implementing acts, they shall without delay evaluation, the market require the supplier or dealer to take all appropriate corrective action to bring the the market surveillance [ ] product into compliance with those requirements, where appropriate to surveillance authorities find withdraw the [ ] product from the market, or where appropriate, to recall it authorities that the product within a reasonable period, commensurate with the nature of the risk, as they may find that the model does not prescribe. Article 21 of Regulation (EC) No 765/2008 i shall apply to the measures energy-related comply with referred to in this paragraph. product does the not comply requirements with the laid down in requirements this Regulation, laid down in they shall this this require the

Regulation supplier to take and its all appropriate relevant corrective delegated action to bring acts, they the product shall without model into delay require compliance the supplier to without delay, take all and they may appropriate prescribe to corrective withdraw the action to bring product model the energyfrom the related market, or to product into recall the units

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compliance put into service with those within a requirements, reasonable to withdraw period, the energycommensurate related with the nature product from of the risk, the market, or extending such to recall it measures to within a the equivalent reasonable models period, available on commensurate the market. with the Article 21 of nature of the Regulation risk, as they (EC) No may 765/2008 shall prescribe. apply to the

Article 21 of measures

Regulation referred to in

(EC) No this paragraph.

765/2008 shall apply to the measures referred to in this paragraph.

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Amendment 48 Article 6 - paragraph 3 3. Where 3. The 3. Where the market surveillance authorities consider that non-compliance is not the market market restricted to their national territory, they shall inform the Commission and the other surveillance surveillance Member States of the results of the evaluation and of the actions which they have authorities authorities required the supplier or dealer to take. consider that shall inform nonthrough the compliance is ICSMS the not restricted Commission to their and other national Member States, territory, they of any results shall inform of the the evaluation and

Commission of any actions and the other which they

Member have required

States of the the supplier to results of the take pursuant evaluation to paragraph 2. and of the actions which they have required the supplier to take.

Amendment 49 Article 6 - paragraph 4 4. The 4. The 4. The supplier or dealer shall ensure that all appropriate corrective action is supplier shall supplier shall taken in respect of all the [ ] products concerned that it has made available on the ensure that all ensure that any market throughout the Union.

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appropriate restrictive corrective measure action is taken prescribed in in respect of accordance all the energywith paragraph related 2 is taken, in products respect of all concerned the product that it has models made concerned that available on it has made the market available on the throughout market the Union. throughout the

Union.

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Amendment 50 Article 6 - paragraph 5 5. Where 5. Where 5. Where the supplier or dealer does not take adequate corrective action the supplier the supplier within the period referred to in the paragraph 2, the market surveillance does not take does not authorities shall take all appropriate provisional measures to prohibit or adequate implement the restrict the [ ] product's being made available on their national market, to corrective corrective withdraw the [ ] product from that market or to recall it. The market action within action within surveillance authorities shall inform the Commission and the other Member the period the period States, without delay, of those measures. referred to in referred to in the paragraph the paragraph

2, the market 2, the market surveillance surveillance authorities authorities shall shall take all take all appropriate appropriate provisional provisional measures to measures to prohibit or prohibit or restrict the restrict the energy-related making product's available of the being made product model available on on their their national national market market, to or to withdraw withdraw the or recall the energy-related product model product from from that that market or market. The to recall it. market

The market surveillance

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surveillance authorities shall authorities immediately shall inform notify the the Commission

Commission and the other and the other Member States

Member of those

States, measures, and without delay, shall upload of those the measures. information in

the compliance interface of the product database established pursuant to Article 8.

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Amendment 51 Article 6 - paragraph 6 6. The 6. The 6. The information referred to in the paragraph 5 shall include all available information notification details, in particular the data necessary for the identification of the nonreferred to in referred to in compliant [ ] product, the origin of the [ ] product, the nature of the nonthe paragraph paragraph 5 compliance alleged and the risk involved, the nature and duration of the 5 shall include shall include all national measures taken and the arguments put forward by the supplier or all available available dealer. In particular, the market surveillance authorities shall indicate whether details, in details, in the non-compliance is due to either failure of the [ ] product to meet particular the particular the requirements relating to aspects of public interest protection laid down in this data necessary data necessary Regulation or shortcomings in the harmonised standards referred to in Article

identification identification of the nonof the noncompliant compliant energy-related product, its product, the origin, the origin of the nature of the energy-related nonproduct, the compliance nature of the alleged and the nonrisk involved, compliance the nature and alleged and duration of the the risk national involved, the measures taken nature and and the duration of arguments put the national forward by the measures supplier. In taken and the particular, the arguments put market

11988/16 GL/ns 79

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forward by surveillance the supplier. authorities shall

In particular, indicate the market whether the surveillance nonauthorities compliance is shall indicate due to either whether the failure of the nonproduct model compliance is to meet due to either requirements failure of the relating to energy-related aspects of product to public interest meet protection laid requirements down in this relating to Regulation or aspects of to public interest shortcomings protection laid in the down in this harmonised

Regulation or standards shortcomings referred to in in the Article 9 harmonised conferring a standards presumption of referred to in conformity. In

Article 9 this case, the conferring a Commission presumption shall apply the of conformity. procedure

provided for in

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Article 11 of

Regulation

(EU) No

1025/2012.

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Amendment 52 Article 6 - paragraph 7 7. Member 7. Member 7. Member States other than the Member State initiating the procedure States other States other shall without delay inform the Commission and the other Member States of than the than the any measures adopted and of any additional information at their disposal Member State Member State relating to the non-compliance of the [ ] product concerned, and, in the event initiating the initiating the of disagreement with the notified national measure, of their objections. procedure procedure shall shall without without delay delay inform inform the the Commission

Commission and the other and the other Member States

Member of any

States of any measures measures adopted and of adopted and any additional of any information at additional their disposal information at relating to the their disposal nonrelating to the compliance of nonthe product compliance of model the energyconcerned and, related in the event of product disagreement concerned, with the and, in the notified event of national disagreement measure, of with the their

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notified objections. national measure, of their objections.

Amendment 53 Article 6 - paragraph 8 8. Where, 8. Where, 8. Where, within 60 days of receipt of the information referred to in within 60 within four paragraph 5, no objection has been raised by either a Member State or the days of weeks of the Commission in respect of a provisional measure taken by a Member State, that receipt of the notification measure shall be deemed justified. information referred to in referred to in paragraph 5, no paragraph 5, objection has no objection been raised by has been either a raised by Member State either a or the

Member State Commission in or the respect of a

Commission provisional in respect of a measure taken provisional by a Member measure taken State, that by a Member measure shall

State, that be deemed to measure shall be justified. be deemed justified.

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Amendment 54 Article 6 - paragraph 9 9. Member 9. Member 9. Member States shall ensure that appropriate restrictive measures, such as States shall States shall withdrawal of the [ ] product from their market, are taken in respect of the [ ] ensure that ensure that product concerned, without delay. appropriate parallel restrictive restrictive measures, such measures, as withdrawal proportionate to of the energytheir specific related product national from their situation, are market, are taken without taken in delay in respect respect of the of the product energy-related model product concerned, and concerned, shall inform the

without delay. Commission accordingly.

Article 6a Union safeguard procedure

Amendment 55 Article 6 - paragraph 10 10. Where, 10. Where, on 1. Where, on completion of the procedure set out in [ ] Article 6(4) and (5), on completion completion of objections are raised against a measure taken by a Member State, or where the of the the procedure Commission considers a national measure to be contrary to Union legislation, the procedure set set out in Commission shall [ ] without delay enter into consultation with the Member States out in paragraphs 4 and the supplier or dealer and shall evaluate the national measure. On the basis of paragraphs 4 and 5, the results of that evaluation, the Commission shall adopt an implementing act

and 5, objections are determining whether the national measure is justified or not. Those implementing objections are raised against a acts shall be adopted in accordance with the examination procedure referred raised against measure taken to in Article 12a(2). a measure by a Member

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taken by a State, or where

Member State, the Commission or where the considers such

Commission national considers a measure to be national contrary to measure to be Union law, the contrary to Commission

Union shall without legislation, the delay enter into

Commission consultation shall without with the delay enter Member States into and the supplier, consultation and shall with the evaluate the

Member States national and the measure, on the supplier and basis of the shall evaluate results of which the national it shall decide measure. On whether the the basis of the national results of that measure is evaluation, the justified or not,

Commission and may propose an

shall decide appropriate whether the alternative national measure.

measure is justified or not.

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Amendment 56 Article 6 - paragraph 11 11. The 11. The 2. The Commission shall address its decision to all Member States and shall Commission Commission immediately communicate it to them and the supplier or dealer. shall address shall address its its decision to decision to all all Member Member States

States and and shall shall immediately immediately notify it to communicate them and to the it to them and supplier the supplier. concerned.

Amendment 57 Article 6 - paragraph 12 12. If the 12. If the 3. If the national measure is considered justified, all Member States shall national national take the measures necessary to ensure that the non-compliant [ ] product is measure is measure is withdrawn from their market, and shall inform the Commission accordingly. If considered considered to the national measure is considered unjustified, the Member State concerned justified, all be justified, all shall withdraw the measure.

Member Member States

States shall shall take the take the measures measures necessary to necessary to ensure that the ensure that the non-compliant non-compliant product model energy-related is withdrawn product is from their withdrawn national from their markets, and market, and shall inform the

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shall inform Commission the accordingly. If

Commission the national accordingly. measure is

If the national considered to measure is be unjustified, considered the Member unjustified, State concerned the Member shall withdraw

State the measure. concerned shall withdraw the measure.

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Amendment 58 Article 6 - paragraph 13 13. Where 13. Where 4. Where the national measure is considered justified and the non-compliance of the [ the national national ] product is attributed to shortcomings in the harmonised standards referred to in [ ] measure is measure is Article 6(6), the Commission shall apply the procedure provided for in Article 11 of considered considered to Regulation (EU) No 1025/2012 i. justified and be justified and the nonthe noncompliance of compliance of the energythe product related model is product is attributed to attributed to shortcomings shortcomings in the in the harmonised harmonised standards standards referred to in referred to in paragraph 6, paragraph 6, the the Commission

Commission shall apply the shall apply the procedure procedure provided for in provided for Article 11 of in Article 11 Regulation of Regulation (EU) No

(EU) No 1025/2012.

1025/2012.

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Amendment 96 Article 6 - paragraph 13 13a. In the case of proven noncompliance of the product with the requirements laid down in this Regulation and its relevant delegated acts, customers shall have the right to return the product to the dealer freeof-charge and receive from the supplier a full refund of the original purchase price.

In cooperation with the market surveillance authorities, the suppliers shall make all

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reasonable efforts to contact affected customers, in accordance with applicable consumer rights law.

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Amendment 59 Article 7 - title and paragraph 1

Article 7 Article 7 Article 7

Labels and Procedure for Labels and rescaling rescaling the

introduction and rescaling of labels

• 1. 

  The 1. The 1. The Commission may, in accordance with the procedures set out in to

Commission Commission is Articles 11a and 12, introduce labels or rescale existing labels. may, by empowered to means of adopt delegated delegated acts acts in adopted accordance pursuant to with Article 13

Articles 12 in order to and 13, supplement introduce this Regulation labels or by introducing rescale or rescaling existing labels. labels.

Labels introduced by delegated acts adopted in accordance with Article 10 of Directive 2010/30/EU before 1 January 2017

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shall be considered as labels for the purposes of this

Regulation.

1a. Labels shall be re-scaled [ ] when technological progress in the relevant product group makes it appropriate. The Commission shall carry out a preparatory study in advance with the aim of launching a label review process. It shall review the label once it

• a) 

  estimates that 30 percent of the products sold within the Union market fall into the top energy class and further technological development can be expected soon; or

• b) 

  demonstrates that after the functioning of the existing label for eight years with the current division of classes, the conditions in point (a) are unlikely to be fulfilled within the following seven years.

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Amendment 60 Article 7 - paragraph 2 2. When, 2. In order 2. When it is, for technical reasons, impossible to define seven energy for a given to ensure a classes that correspond to significant energy and cost savings from a product homogenous A customer’s perspective, the label may, in exception to Article 2(13), contain group, no to G scale, the fewer classes. In that case, the dark green to red spectrum of the label shall be models Commission retained. belonging to shall introduce energy classes rescaled labels

D, E, F or G for existing are allowed to product be placed on groups, as the market referred to in any more paragraph 1, because of an within 5 years implementing after the entry measure into force of adopted under this

Directive Regulation,

2009/125/EC, respecting the the class or requirements classes in of paragraph question shall 4. no longer be shown on the Product groups label. covered by

Commission Delegated Regulations 811/2013 (space heaters, combination

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heaters, packages of space heater, temperature control and solar device and packages of combination heater, temperature control and solar device) and 812/2013

(water heaters, hot water storage tanks and packages of water heater and solar device) shall be reviewed 6 years after the entry into force of this regulation with a view to rescaling them.

For product groups covered by Commission

Delegated

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Regulations

1059/2010

(household dishwashers),

1060/2010

(household refrigerating appliances),

1061/2010

(household washing machines),

1062/2010

(televisions) and 874/2012

(electrical lamps and luminaires) where preparatory studies are finalized, the

Commission shall introduce rescaled labels no later than

21 months after the entry into force of this

Regulation.

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Amendment 61 Article 7 - paragraph 3 3. The 3. The 3. The Commission shall ensure that, when a label is introduced or rescaled, Commission Commission the requirements are laid down so that no products are expected to fall in energy shall ensure shall ensure class A [ ] at the moment of the introduction of the label and so that the estimated that, when a that any time within which a majority of models falls into that class shall be at least ten label is subsequent years later. introduced or rescaling for rescaled, the new labels or requirements rescaled labels are laid down referred to in so that no paragraph (2) products are is initiated expected to once the fall in energy following classes A or B conditions are at the moment met, showing of the the appropriate introduction technological of the label progress in the and so that the relevant estimated product group: time within which a majority of models falls into those classes shall be at least ten years later.

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(a) 25% of the products sold within the

Union market fall into the top energy efficiency class

A; or

(b) 50% of the products sold within the

Union market fall into the top two energy efficiency classes A+B.

Amendment 62 Article 7 - paragraph 3a (new) 3a. The

Commission shall ensure, through the inclusion of the product group in the working plan pursuant to

Article 11, that:

(a) the preparatory study for

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rescaling is completed no later than 18 months after the conditions of paragraph 3 are met;

(b) rescaling is completed, through the review and entry in force of the relevant delegated act in accordance with Article 13, no later than three years after the conditions of paragraph 3 are met.

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Amendment 63 Article 7 - paragraph 4 4. Labels 4. The 4. When, for a given product group, no models belonging to energy classes shall be re Commission D, E, F or G are allowed to be placed on the market any more because of an scaled shall lay out implementing measure adopted under Directive 2009/125/EC i, the class or periodically. the classes in question shall no longer be shown on the label.

requirements for new or rescaled labels aiming for an expected validity of at least ten years.

To that end, the Commission shall ensure that, when a label is introduced or rescaled, no products are expected to fall in energy class A at the moment of the introduction of the label.

For product groups where

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the preparatory study referred to in (a) of paragraph 3a shows a fast technological progress, no products are expected to fall in energy classes A and

B at the moment of the introduction of the label.

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Amendment 64 Article 7 - paragraph 5 5. When a 5. When, 5. When a label is rescaled: label is for a given rescaled: product group,

no models belonging to energy classes F or G are allowed to be placed on the market anymore because of an Ecodesign implementing measure adopted under Directive 2009/125/EC, the class or classes in question shall be shown on the label in grey as specified in the relevant delegated act. The standard dark green to red spectrum

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of the label shall be retained for the remaining upper classes.

The changes shall apply only to new product units placed on the market.

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(a) suppliers (a) suppliers shall [ ] supply in accordance with Article 3(1) (a) both the shall provide Deleted (moved current and the rescaled labels [ ] for a period of six months before the date both the to Article 3) specified in paragraph (b). current and the rescaled labels to dealers for a period of six months before the date specified in paragraph (b).

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In addition, suppliers shall deliver the rescaled label on request from dealers in accordance with Article 3(1) (b) for units placed on the market earlier than the period refered to in the first subparagraph.

The second subparagraph of this point shall apply to models, units of which are not placed on the market any more after the start of that period, only if no new testing is required.

Dealers shall obtain a rescaled label in accordance with Article 3(2) (b) for the products referred to in the second and third subparagraph.

(b) dealers Deleted (moved (b) dealers shall replace the existing labels on products on display including shall replace to Article 3) on the Internet with the rescaled labels within [ ] 10 days following the date the existing specified for that purpose in the relevant [ ] implementing act. Dealers shall labels on not display the rescaled labels before that date. 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

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before that date.

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(c) By way of derogation from points (a) and (b), implementing acts may provide for specific rules to address the case where energy labels are printed on the packaging.

Dealers shall be permitted to sell energyrelated products without a label or a rescaled label, only where a (rescaled) label has never been produced for a given product and the supplier of the product is no longer active on the market. Amendment 65 Article 7 - paragraph 6

• 6. 

  Labels Deleted (moved 6. Labels introduced by delegated acts adopted in accordance with Article

delegated acts shall be considered as labels for the purposes of this Regulation. [ ] adopted in accordance with Article

10 of

Directive

2010/30/EU

11988/16 GL/ns 106

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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 within five years of the entry into force of this

Regulation with a view to rescaling them.

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Amendment 66

Article 8

Article 8 Article 8

Product Product database

database

The 1. The 1. The Commission shall establish and maintain a product database [ ] for

Commission Commission the following purposes:

shall establish shall establish

and maintain a and maintain a

product product

database database,

including the consisting of

information two different

referred to in interfaces, the

Annex I. The public

information interface and

listed under the compliance

point 1 of interface.

Annex I shall

be made The public

publicly interface shall

available. contain the

information set

out in point 1

of Annex I,

respecting the

functional

requirements

set out in point

3 of Annex I.

The

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compliance interface shall contain the information set out in point 2 of Annex I, respecting the functional requirements set out in point

4 of Annex I.

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• 2. 

  When entering information into the product database, suppliers shall keep access and editing rights to it. Any changes shall be dated and clearly visible to market surveillance authorities.

Data contained in the compliance interface shall be used only for purposes linked to the enforcement for this

Regulation and the delegated acts adopted pursuant thereto, and be prohibited from unintended use.

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Suppliers shall be entitled to keep on their servers' technical documentation pursuant to point (c) of

Article 3(1), test reports or similar conformity assessment documentation, as established by point 2(a)of

Annex I corresponding to tests carried by the suppliers themselves accessible exclusively to market surveillance authorities and the

Commission.

The establishment of the database shall follow criteria that allow for minimising the

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administrative burden for suppliers and other database users, userfriendliness and costeffectiveness.

The product database does not replace or modify the responsibilities of the market surveillance authorities.

• 3. 

  The

Commission, with the support of market surveillance authorities and suppliers, shall pay special attention to the transitional process until the full implementation of the public and compliance interfaces.

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• 4. 

  The

Commission is empowered to adopt delegated acts in accordance with Article 13 supplementing this Regulation by specifying the operational details relating to the establishment of the product database.

(a) to facilitate the market surveillance authorities in carrying out their tasks under this Regulation; (b) to provide the Comission with up-to-date energy efficiency information of products for reviews of energy labels; (c) to provide the public with information about products placed on the market, their energy labels and product information sheets;

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(d) to enable suppliers to comply with their obligations under Article

3(1a) points (a) and (b);

(e) to enable dealers to comply with their obligations under Article 3(2) point (b) (ii).

• 2. 

  The database shall include the information referred to in Annex I.

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• 3. 

  The information shall be entered into the database by suppliers as specified in Article 3(1a) points (a) and (b). 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.

• 4. 

  The information listed under point 1 of Annex I shall be made publicly available. (moved from paragraph 1) The market surveillance authorities and the Commission shall have access to the information listed under point 2 of Annex I, while ensuring the safeguarding of confidential information.

• 5. 

  The Commission and market surveillance authorities shall ensure that personal data are processed in accordance with Regulation (EC) No 45/2001 and Directive 95/46/EC i, as applicable.

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• 6. 

  The establishment of the database shall take into account the criteria of minimising administrative burden for suppliers and other database users, user-friendliness and cost-effectiveness, and shall ensure appropriate security arrangements and access rights based on the needto-know principle.

• 7. 

  The Commission shall be empowered, by means of implementing acts, to specify operational details relating to the product database, including any obligations on suppliers and dealers. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12a(2).

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Amendment 67 Article 9 - paragraph 2 Article 9 Article 9

Harmonised Harmonised standards standards

After the After the adoption of an [ ] implementing act under this Regulation setting adoption of a specific labelling requirements [ ] the Commission shall, in accordance with delegated act Regulation (EU) No 1025/2012 i, publish references to harmonised standards under this that satisfy the relevant measurement and calculation requirements of the [ ] Regulation implementing act in the Official Journal of the European Union. setting specific labelling requirements adopted in accordance with Article

13 of this

Regulation, the

Commission shall, in accordance with

Regulation

(EU) No

1025/2012 9 ,

publish references to harmonised

9 OJ L 316, 14.11.2012, p12

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standards that satisfy the relevant measurement and calculation requirements of the delegated act in the Official

Journal of the

European

Union.

When during 2. When during When during the conformity assessment of a product such harmonised the the conformity standards are applied, the product shall be [ ] presumed to be in conformity [ conformity assessment of a ] with the relevant measurement and calculation requirements of the [ ] assessment of product such implementing act. a product such harmonised harmonised standards are standards are applied, the applied, the product model product shall shall be deemed be deemed to to comply with comply with the relevant the relevant measurement measurement and calculation and requirements of calculation the delegated requirements act. of the delegated act.

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Until the relevant measurement and calculation requirements and references to harmonised standards referred to in paragraph 1 have been established, the Commission may publish transitional measurement and calculation methods.

2a.

Harmonised standards shall aim to simulate real-life usage as far as possible while maintaining a standard test method, with no prejudice to comparability within the product group.

2b.

Measurement and calculation methods included in the harmonised standards shall be reliable, accurate and reproducible, and aligned with the requirements of Article

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3(1a).

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Amendment 68 Article 10 - paragraph 1 Article 10 Article 10 Consultation Consultation Forum In the conduct 1. In the conduct In the conduct of its activities under this Regulation the Commission shall ensure in of its activities of its activities respect of each delegated and implementing act, as well as for the identification of under this under this sectors where the condition of 30 percent of the products sold within the Union Regulation the Regulation, for market falling into the top energy class is unlikely to be fulfilled, a balanced Commission the introduction participation of Member States’ representatives and interested parties concerned with the shall ensure in or rescaling of product group in question, such as industry, including SMEs and craft industry, trade respect of each labels under unions, traders, retailers, importers, environmental protection groups and consumer delegated act, Article 7, and organisations. For this purpose, the Commission shall establish a Consultation Forum in a balanced for the setup of which these parties shall meet. This Consultation Forum [ ] shall be combined with the participation of the database Consultation Forum referred to in Article 18 of Directive 2009/125/EC i. Member under Article 8,

States’ the Commission representatives shall ensure a and interested balanced parties participation of concerned with Member States' the product representatives, group in including question, such market as industry, surveillance including authorities, and

SMEs and interested craft industry, parties trade unions, concerned with traders, the product retailers, group in importers, question, such environmental as industry, protection including SMEs groups and

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consumer and craft organisations. industry, trade

For this unions, traders, purpose, the retailers,

Commission importers, shall establish environmental a Consultation protection

Forum in groups and which these consumer parties shall organisations, as met. This well as the

Consultation involvement of

Forum may be the European combined with Parliament. the

Consultation

Forum referred to in Article 18 of Directive

2009/125/EC.

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• 2. 

  The

Commission shall establish a

Consultation

Forum in which the parties listed in paragraph 1 shall meet to that purpose.

That

Consultation

Forum may coincide, fully or in part, with the

Consultation

Forum referred to in Article 18 of Directive

2009/125/EC.

The minutes of the

Consultation

Forum meetings shall be published in the public interface of the database established pursuant to

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Article 8.

Amendment 69

Article 10 – paragraph 2

Where 3. Where Where appropriate, [ ] when preparing implementing acts, the Commission

appropriate appropriate, shall test the design and content of the labels for specific product groups with

prior to the prior to the [ ] customers to ensure their clear understanding of the labels.

adoption of adoption of

delegated acts, delegated acts

the adopted

Commission pursuant this

shall test the Regulation, the

design and Commission

content of the shall test the

labels for design and

specific content of the

product labels for

groups with specific product

consumers to groups with

ensure their representative

clear groups of

understanding Union

of the labels. consumers to

ensure their

clear

understanding

of the labels.

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Amendment 70 Article 11 - paragraph 1 Article 11 Article 11

Working Working plan plan

The 1. The The Commission shall, having consulted the Consultation Forum referred to

Commission Commission in Article 10, establish a working plan which shall be made publicly available. shall, having shall adopt The working plan shall set out an indicative list of product groups which are consulted the delegated acts considered as priorities for the adoption of the specific product groups Consultation pursuant to under Article 11a, and detailed energy labelling requirements under Forum Article 13 Article 12. The working plan shall also set out plans for the revision and referred to in supplementing rescaling of labels of products or product groups. The working plan [ ] shall Article 10, this be amended periodically by the Commission after consultation with the establish a Regulation, Consultation Forum. The working plan [ ] shall be combined with the working plan after having working plan required by Article 16 of Directive 2009/125/EC i and reviewed which shall be consulted the every three years. made publicly Consultation available. The Forum referred working plan to in Article 10, shall set out in order to an indicative establish a list of product long-term groups which working plan are considered which shall be as priorities made publicly for the available, adoption of including delegated acts. through the

The working public plan shall also interface of the set out plans database for the established

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revision and pursuant to rescaling of Article 8. 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.

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• 2. 

  The

Commission

shall organise

the working plan

in sections

containing priorities for the

introduction of

energy efficiency

labels in new

product groups, and for the

rescaling of

labels of product

groups.

The Commission

shall ensure the necessary

resources to the

plan and its

coherence.

This working

plan may be

combined with

the Ecodesign

working plan required by

Article 16 of

Directive

2009/125/EC.

The Commission

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shall update the working plan

periodically,

having consulted

the Consultation

Forum. The

European

Parliament and

the Council

shall be

informed annually of its

progress and

shall be formally

notified of any changes thereto.

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Amedment 71 Article 12 - paragraph 1 Article 12 Article 11a

Delegated Specification of product groups Acts

• 1. 

  The 1. The 1. The Commission shall be empowered to adopt delegated acts, in

Commission Commission is accordance with Article 13, to establish specific product groups of energy shall be empowered to related products ('specific product groups') which satisfy the following empowered to adopt delegated criteria: adopt acts in delegated acts accordance concerning with Article 13 detailed to supplement requirements this Regulation relating to by laying down labels for detailed specific requirements groups of relating to energy-related labels for products specific groups

('specific of energyproduct related products groups') in ('specific accordance product with Article groups').

13.

Amendment 72 Article 12 - paragraph 2 2. 2. Delegated

Delegat acts shall ed acts shall specify specify products groups

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product which satisfy groups which the following satisfy the criteria: following criteria:

(a) according (a) according (a) according to the most recently available figures and considering the to the most to the actual quantities placed on the Union market, the product group shall have recently penetration in significant potential for saving energy and where relevant, other resources; available the Union figures and market, there is considering significant the quantities potential for placed on the saving energy Union market, and where the product relevant, other group shall resources; have significant potential for saving energy and where relevant, other resources

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(b) product (b) within (b) product groups with equivalent functionality shall differ significantly in groups with the product the relevant performance levels; equivalent group, models functionality with equivalent shall differ functionality significantly have in the relevant significantly performance different levels energy

efficiency levels;

(c) there shall (c) there are (c) there shall be no significant negative impact as regards the affordability be no no significant and the life cycle cost of the product group. significant negative negative impacts impact as regarding regards the affordability, affordability life cycle cost and the life and cycle cost of functionality of the product the product group from the

perspective of the user; (d) the introduction of energy labelling requirements [ ] for a product group [ ] shall not have a significant negative impact on the functionality of the product [ ] in use. 2. Products covered by a delegated act adopted pursuant to Directive 2010/30 i/EU and Commission Directive 96/60/EC i shall be deemed to constitute specific product groups within the meaning of this Article.

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Article 12 Introduction of energy labelling requirements

• 1. 

  The Commission shall be empowered to specify, by means of implementing acts the detailed requirements relating to labels for the specific product groups established under Article 11a.

  Amendment 73 Article 12 - paragraph 3 3. 3. Delegated 2. Those implementing acts [ ] shall specify in particular:

Delegat acts relating to ed acts specific product relating to groups shall specific specify in product particular for groups shall the product specify in group particular: concerned:

(a) the (a) the (a) the definition of the specific product group falling under the definition of definition of definition of the 'energy-related product' set out in Article 2(11) which is to be covered by the the specific energy-related detailed labelling requirements; product products to be groups falling covered; under the definition of

'energyrelated product' set out in Article

2(11) which are to be covered;

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(b) the design (b) the and content of design, the label, dimensions, including a and content of scale showing the label, which consumption shall in all of energy cases be clear consisting of and legible,

A to G, which taking into as far as account the possible shall needs of have uniform visually design impaired characteristics customers, and across product shall contain groups and in a prominent shall in all position the cases be clear following and legible; information

determined in accordance with the relevant delegated act: (i) an A to G scale showing the energy efficiency class of the corresponding product model, which as far as

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possible shall have uniform design characteristics across product groups;

(ii) the absolute energy consumption in kWh, displayed per year or per any relevant period of time;

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(c) where (c) where appropriate, appropriate, the the use of use of other other resources and resources and supplementary supplementary information information concerning concerning energy related energy related products, in products, in which case the which case the label shall label shall emphasise the emphasise the energy energy efficiency of efficiency of the product; the product;

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Amendment 98 Article 12 - paragraph 3 (ca) (ca) where appropriate, the inclusion of a reference on the label allowing customers to identify products with connectivity functions (i.e. smart appliances);

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(d) the locations where the label (d) the locations where the label (d) the locations where the label shall shall be displayed, such as shall be displayed, such as be displayed, such as attached to the attached to the product, printed on attached to the product where no product, printed on the packaging, the packaging, provided in damage is caused to it, printed on provided in electronic format or electronic format or displayed on the packaging, provided in displayed on line, taking into line; electronic format or displayed on account the implications for

line; consumers, suppliers and dealers; (e) where appropriate, electronic (e) where appropriate, (e) where appropriate, electronic means for labelling products; electronic means for labelling means for labelling products;

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

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

(ga) that it is prohibited to place on the market products designed so that a model's performance is automatically altered in test conditions with the objective of reaching a more favourable figure for any of the parameters specified in the implementing act or included in any of the documentation provided with the product;

(h) that when verifying (h) that when verifying (h) that when Member States verify compliance with the requirements, compliance with the requirements, compliance with the requirements, only those verification tolerances only those verification tolerances only those verification tolerances that that are set out in the delegated that are set out in the delegated are set out in the [ ] implementing act(s) shall apply; act(s) shall apply; act(s) shall apply; (i) the obligations on suppliers (i) the obligations on suppliers (i) the obligations on suppliers and and dealers in relation to the and dealers in relation to the dealers in relation to the product product database; product database; database; (j) the specific indication of the (j) where appropriate, the (j) the specific indication of the energy class to be included in specific indication of the energy energy class to be included in advertisements and technical class to be included in advertisements and technical promotional material, including advertisements and technical promotional material, including requirements for this to be in a promotional material, including requirements for this to be in a legible legible and visible form; requirements for this to be in a and visible form;

legible and visible form;

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(k) the conformity assessment (k) the conformity assessment (k) [ ] the measurement and procedures and the measurement procedures and the measurement calculation methods to be used to and calculation methods to be and calculation methods, as determine label and product used to determine label and established in Article 9, to be information sheet information; product information sheet used to determine label and information; product information sheet

information, including the definition of the Energy Efficiency Index (EEI), or equivalent parameter, and its A to G steps setting the energy efficiency classes;

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

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

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

(o) the date for the evaluation and (o) the date for the evaluation (o) the date for the evaluation and possible revision of the delegated and possible revision of the possible consequent revision of the [ ] act. delegated act. implementing act;

(p) where appropriate, differences in energy performances in different climatic regions; (q) that the model identifier shall be accessible both to customers and national authorities.

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For the content of the label as Deleted (moved to the definition Moved to point (b) above referred to in point (b) of the first of label) subparagraph, the A-G steps of the classification shall correspond to significant energy and cost savings from the customer's perspective.

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

means linking to the public interface of the database established pursuant to Article 8. 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12a(2).

The introduction of a label for a The product information sheet as Moved to Article 11a(1) (d)

product to be covered by a referred to in point (g) of the first delegated act shall not have a subparagraph, shall provide direct significant negative impact on the links to the public interface of the functionality of the product from database established pursuant to

the perspective of the user. Article 8, and it shall be made available to customers in all the

Union official languages of the national markets where the corresponding product model has been made available.

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The Commission shall be The Commission is empowered to See Article 8(7) empowered to adopt delegated adopt delegated acts in acts regarding operational details accordance with Article 13 relating to the product database, supplementing this Regulation by including any obligations on laying down operational details suppliers and dealers in related to the product database, accordance with Article 13. including any obligations on

suppliers and dealers.

Regarding information referred to in point (g) of the first subparagraph, in order to ensure proper safeguarding of confidential information and technical documentation, those delegated acts shall specify the information that is to be uploaded in the product database and what information to be available on the request of national authorities and the Commission.

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Amendment 74 Article 12 - paragraph 3a (new) 3a. The Commission shall keep an updated inventory of all delegated acts supplementing this

Regulation and those developing the Ecodesign Directive

2009/125/EC, including complete references to all harmonised standards that satisfy the relevant measurement and calculation methods, as of Article 9, and it shall make it publicly available.

• 4. 

  By way of derogation from paragraphs 1 to 3, for each specific product group covered by Article 11a(2), the Commission shall adopt an implementing act, exclusively and entirely reproducing the detailed requirements set out in the delegated acts adopted under Artice 10 of Directive 2010/30 i/EU.

Any amendment to or replacement of those implementing acts shall follow the procedure set out in paragraphs 1 to 3.

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Article 12a Committee procedure

• 1. 

  The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. [ ] This committee shall be the committee referred to in Article 19 of Directive 2009/125/EC.

• 2. 

  Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 i shall apply.

Article 13 Article 13 Exercise of the delegation Exercise of the delegation 1. The power to adopt 1. The power to adopt 1. The power to adopt delegated delegated acts is conferred on the delegated acts is conferred on the acts is conferred on the Commission Commission subject to the Commission subject to the subject to the conditions laid down in conditions laid down in this conditions laid down in this this Article.

Article. Article.

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Amendment 75 Article 13 - paragraph 2 2. The delegation of power 2. The power to adopt 2. The delegation of power referred to in Articles 7 and 12 delegated acts referred to in referred to in Article 11a [ ] shall be shall be conferred on the Articles 7, 8(4), 11(1) and 12 shall conferred on the Commission [ ] for Commission for an indeterminate be conferred on the Commission a period of five years from [the date period of time from the date of for a period of six years from 1 of application of this Regulation]. application of this Regulation. January 2017. The Commission shall draw up a

The Commission shall draw up a report in respect of the delegation of report in respect of the delegation power not later than six months of power not later than nine before the end of the five-year months before the end of the sixperiod. The delegation of power year period. shall be tacitly extended for periods The delegation of power shall be of an identical duration, unless the tacitly extended for periods of an European Parliament or the identical duration, unless the Council opposes such extension not European Parliament or the later than three months before the Council opposes such extension end of each period. not later than three months before the end of each period. 2a. It is of particular importance that the Commission follow its usual practice and carry out consultations with experts, including Member States' experts, before adopting those delegated acts. The consultation of Member States' experts shall take place following the consultation pursuant to Article 10.

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Amendment 76 Article 13 - paragraph 3 3. This delegation of power 3. The delegation of power 3. The delegation of power referred to in Articles 7 and 12 referred to in Articles 7, 8(4), referred to in Article 11a [ ] may be may be revoked at any time by the 11(1) and 12 may be revoked at revoked at any time by the European European Parliament or by the any time by the European Parliament or by the Council. A Council. A decision to revoke Parliament or by the Council. A decision to revoke shall put an end to shall put an end to the delegation decision to revoke shall put an the delegation of the power specified of the power specified in this end to the delegation of the power in this Regulation. It shall take effect Regulation. It shall take effect the specified in that decision. It shall the day following the publication of day following the publication of take effect the day following the the decision in the Official Journal of the decision in the Official Journal publication of the decision in the the European Union or at a later date of the European Union or at a Official Journal of the European specified therein. It shall not affect the later date specified therein. It shall Union or at a later date specified validity of any delegated acts already not affect the validity of any therein. It shall not affect the in force. delegated acts already in force. validity of any delegated acts

already in force. Amendment 77

Article 13 - paragraph 3a (new) 3a. Before adopting a Corresponds to para 2a above delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the

Interinstitutional Agreement on Better Law-Making of 13 April 2016.

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• 4. 

  As soon as it adopts a 4. As soon as it adopts a delegated delegated act, the Commission act, the Commission shall notify it shall notify it simultaneously to simultaneously to the European the European Parliament and to Parliament and to the Council. the Council.

  Amendment 78 Article 13 - paragraph 5 5. A delegated act adopted 5. A delegated act adopted 5. A delegated act adopted pursuant to Articles 7 and 12 shall pursuant to Articles 7, 8(4), 11(1) pursuant to Article 11a [ ] shall enter enter into force only if no and 12 shall enter into force only into force only if no objection has objection has been expressed if no objection has been expressed been expressed either by the European either by the European Parliament either by the European Parliament Parliament or the Council within a or the Council within a period of or the Council within a period of period of two months of notification two months of notification of that two months of notification of that of that act to the European Parliament act to the European Parliament act to the European Parliament and the Council or if, before the and the Council or if, before the and the Council or if, before the expiry of that period, the European expiry of that period, the expiry of that period, the Parliament and the Council have both European Parliament and the European Parliament and the informed the Commission that they Council have both informed the Council have both informed the will not object. That period may be Commission that they will not Commission that they will not extended by two months at the object. That period may be object. That period shall be initiative of the European Parliament extended by two months at the extended by two months at the or of the Council. initiative of the European initiative of the European

Parliament or of the Council. Parliament or of the Council.

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Amendment 79 Article 14 - paragraph 1 Article 14 Article 14 Evaluation Evaluation and report No later than eight years after the By ... [6 years after the entry into No later than eight years after the entry into force, the Commission force of this Regulation], the entry into force of this Regulation, shall assess the application of this Commission shall assess the the Commission shall assess the Regulation and transmit a report application of this Regulation and application of this Regulation and to the European Parliament and submit a report to the European transmit a report to the European the Council. That report shall Parliament and the Council. This Parliament and the Council. This assess how effectively this report shall assess how effectively report shall assess how effectively this Regulation has allowed customers this Regulation and its delegated Regulation and its delegated and to choose more efficient products, acts have allowed customers to implementing acts have allowed taking into account its impacts on choose more energy efficient customers to choose more efficient business. products, taking into account products, taking into account its

criteria such as its effect on impacts on business. business, energy consumption, greenhouse gases emissions, market surveillance activities, and the cost to establish and maintain the database.

The evaluation exercise conducted under the first paragraph shall make explicit use of the annual follow-up reports regarding enforcement and market surveillance established by Article 5.

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Article 15 Article 15 Repeal Repeal and transitional measures

Directive 2010/30 i/EU is repealed 1. Subject to paragraph 2, with effect from 1 January 2017. Directive 2010/30 i/EU is repealed with

effect from 1 January 2017. 2. A delegated act adopted pursuant to Directive 2010/30 i/EU [ ] and Commission Directive 96/60/EC i are repealed with effect from the moment when the corresponding implementing act adopted pursuant to Article 12(4) applies. However, the legal effects of Article 11a(2) shall be maintained as regards the products concerned.

References to Directive 3. References to the repealed

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

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• 4. 

  For models, units of which are placed on the market in accordance with Directive 2010/30 i/EU before the date of application of this Regulation, suppliers shall, for a period ending five years after the last product was manufactured, make an electronic version of the technical documentation available for inspection within 10 days of a request received from market surveillance authorities or the Commission.

Amendment 80 Article 16 - paragraph 3 Article 16 Article 16 Entry into force Entry into force This Regulation shall enter into This Regulation shall enter into force force on the day following that of on the day following that of its its publication in the Official publication in the Official Journal of Journal of the European Union. the European Union. It shall apply from 1 January It shall apply from 1 January 2017. 2017.

Article 11a(2), Article 12(4) and Article 15(2) shall apply from the entry into force of this Regulation.

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However, Article 3(1)(d) shall However, point (d) of Article 3(1) Article 3(1a) (a) shall apply from 1 apply from 1 January 2019. shall apply as soon as the public January 2019.

interface of the product database established pursuant to Article 8 is fully operational, and in any event no later than 1 January 2018.

This Regulation shall be binding This Regulation shall be binding in its in its entirety and directly entirety and directly applicable in all applicable in all Member States Member States. Done at Brussels, Done at Brussels, For the European Parliament For For the European Parliament the Council For the Council The President The President The President

The President

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Amendment 81 Annex I - title and point 1 ANNEX I ANNEX I Information to be included in the Information to be included in the Information to be included in the

product database product database, plus functional product database requirements

• 1. 

  Publicly available product 1. Information to be included 1. Publicly available product information: in the public interface of the information:

  database: (a) manufacturer's or supplier's (a) the name or trademark, (a) [ ] the supplier's name or

  name or trademark; address, contact details and other trademark; legal identification of the supplier;

  (aa) contact details of the Member State market surveillance authorities;

(b) the model identifier(s), (b) the model identifier(s), (b) the model identifier [ ]; including of all equivalent models; including of all equivalent models; (c) the label in electronic format; (c) the label in electronic format; (c) the label in electronic format; (d) the class(es) and other (d) the energy efficiency (d) the class(es) and other parameters parameters on the label; class(es) and other parameters of on the label;

the label; (e) the product information sheet (e) the parameters of the product (e) [ ] the parameters of the product in electronic format. information sheet in electronic information sheet [ ].

format;

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(ea) Member States' education and information campaigns as referred to in Article 4(4);

(eb) working-plan of the Commission as referred to in Article 11; (ec) minutes of the Consultation Forum; (ed) inventory of delegated acts and harmonised standards applicable;

Amendment 82 Annex I - title and point 2 2. Compliance information, 2. Information to be included 2. Compliance information, only only available to Member States' in the compliance interface of the available to Member States' market market surveillance authorities database: surveillance authorities and the and the Commission: Commission: (a) the technical documentation (a) test report or similar (a) the technical documentation specified in the applicable conformity assessment specified in the applicable [ ] delegated act; documentation enabling to assess implementing act;

compliance with all requirements in the relevant delegated act, including testing methods and series of measurements; (aa) the model identifier of all equivalent models;

(b) test report or similar (b) provisional measures (b) [ ]; technical evidence enabling adopted in the frame of market compliance with all requirements surveillance related to this in the applicable delegated act to Regulation;

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be assessed;

(c) name and address of the (c) name, address and contact supplier; details of the supplier;

(c) the technical documentation referred to in point (c) of Article 3(1)

(d) the contact details of a (ca) direct contact details of the (d) [ ]. representative of the supplier. Member State market

surveillance authorities and Commission coordination; (cb) 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.

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Amendment 83 Annex I - point 2a (new) 2a. Functional requirements for the public interface of the database:

(a) each product model shall be organised as an individual record;

(b) it shall enable consumers to easily identify the best energy class populated for each product group, allowing them to compare model characteristics and to choose the most energy efficient products;

(c) it shall generate as a single viewable and printable file the energy label of each product, as well as the linguistic versions of the complete product information sheet, covering all the official languages of the Union;

(d) the information shall be machine readable, sortable and searchable, respecting open standards for third party use, free of charge;

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(e) redundant registration shall be automatically avoided;

(f) an online helpdesk or contact point for customers shall be established and maintained, clearly referenced on the interface.

Amendment 84 Annex I - point 2b (new) 2b. Functional requirements for the compliance interface of the database:

(a) strict security arrangements for the safeguarding of confidential information shall be ensured;

(b) access rights shall be based on the need-to-know principle;

(c) a link shall be provided to the

Information and Communication

System on Market Surveillance

(ICSMS).

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