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, 16 February 2017

PUBLIC

(OR. en)

5060/17

Interinstitutional File:

2015/0149 (COD) i LIMITE

ENER 3 ENV 9 CONSOM 4 CODEC 9

NOTE

From: General Secretariat of the Council

To: Delegations

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

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  ADD 1 + ADD 2 + ADD 3

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 (14.03.2017)

In view of the Working Party on Energy on 21 February 2017, delegations will find attached a four

column document with revised Presidency compromise proposals. The latest changes are marked in

yellow.

_____________________ 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

All references to implementing or delegated acts should be understood as pending and linked to the agreement reached on this horizontal issue.

COMISSION PROPOSAL EP PLENARY TEXT COUNCIL GENERAL APPROACH Presidency compromise proposal/ (doc. 14699/15) comments

(COD 0149/15 - doc. 11012/15)

THE EUROPEAN PARLIAMENT THE EUROPEAN PARLIAMENT AND DELETED FROM THIS POINT UNTIL

AND THE COUNCIL OF THE THE COUNCIL OF THE EUROPEAN THE END OF THE DOCUMENT (page

EUROPEAN UNION, UNION, 148)

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

Functioning of the European Union, Functioning of the European Union, and and in particular Article 194(2) in particular Article 194(2) thereof, thereof,

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

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

Parliaments,

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

European Economic and Social European Economic and Social

Committee 1 , Committee

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

Committee of the Regions 2 , Committee of the Regions,

Acting in accordance with the Acting in accordance with the ordinary ordinary legislative procedure, 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 to committed to building an Energy committed to building an Energy building an Energy Union with a forward

Union with a forward looking Union with a forward looking energy looking climate policy. Energy efficiency climate policy. Energy efficiency is a and climate policy. Energy is a crucial element of the European crucial element of the European efficiency is a crucial element of the Union's 2030 Climate and Energy Policy

Union's 2030 Climate and Energy European Union's 2030 Climate and Framework and is key to moderate energy

Policy Framework and is key to Energy Policy Framework and is key demand. moderate energy demand. to moderate energy demand and

limiting greenhouse gas emissions.

Amendment 2

Recital 2

• (2) 

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

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

• (3) 

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

European Parliament and of the Parliament and of the Council was

Council 3 was evaluated for its evaluated for its effectiveness. The

3 OJ L 153, 18.6.2010, p. 1.

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effectiveness 4 . The evaluation evaluation identified the need to update

identified the need to update the 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

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

Regulation which maintains the same Regulation which maintains the same maintains the same scope, but modifies scope, but modifies and enhances scope, but modifies and enhances and enhances some of its provisions in some of its provisions in order to some of its provisions in order to order to clarify and update their content. clarify and update their content. A clarify and update their content As the energy consumption of means of

Regulation is the appropriate legal taking into account the rapid transport for persons or goods is instrument as it imposes clear and technological progress for energy directly or indirectly regulated by detailed rules which do not give efficiency in products achieved over other Union legislation and policies, it room for divergent transposition by recent years. A Regulation is the is appropriate to continue to exempt

Member States and ensures thus a appropriate legal instrument as it them from the scope of this Regulation. higher degree of harmonisation imposes clear and detailed rules However, it is appropriate to clarify across the Union. A harmonised which do not give room for divergent that means of transport whose motor regulatory framework at Union rather transposition by Member States and stays in the same location during than at Member State level brings ensures thus a higher degree of operation, such as elevators, escalators down costs for manufacturers and harmonisation across the Union,. A and conveyor belts, should be within ensures a level playing field. harmonised regulatory framework at the scope of the Regulation.

Harmonisation across the Union Union rather than at Member State ensures the free movement of goods level brings down costs for across the Single Market. manufacturers over the 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 is (6) Moderating energy demand is recognised as a key action in the recognised as a key action in the

European Energy Security Strategy 5 . European Energy Security Strategy. The

The Energy Union Framework Energy Union Framework Strategy

Strategy 6 further emphasised the further emphasised the energy efficiency

energy efficiency first principle and first principle and the need to fully the need to fully implement existing implement existing Union energy

Union energy legislation. Its legislation. Its Roadmap provided for a

Roadmap provided for a review of review of the energy efficiency the energy efficiency framework for framework for products in 2015. This products in 2015. This Regulation Regulation will improve the legislative will improve the legislative and and enforcement framework for energy enforcement framework for energy labelling. 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 energyenergy-related products through energy-related products through related products through informed informed consumer choice benefits informed consumer choice and customer choice benefits the Union the Union economy overall, drives enhanced societal awareness economy overall, drives innovation and innovation and will contribute to the benefits the Union economy overall, will contribute to the achievement of the achievement of the Union's 2020 and reduces energy demand and saves Union's 2020 and 2030 energy efficiency

2030 energy efficiency targets. It will money on energy bills. It also targets. It will also allow customers to also allow consumers to save money. contributes to energy security, save money.

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 Council of 23 and 24 October 2014 set an

October 2014 set an indicative target deleted indicative target at Union level of at least

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

1990, including a 30% reduction of non-ETS sectors. 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 information relevant, verifiable and comparable and comparable information on the on the specific energy consumption information on the specific energy specific energy consumption of energyof energy-related products facilitates consumption of energy-related related products facilitates the customer's the customer's choice in favour of products facilitates the customer's choice in favour of those products which those products which consume less choice in favour of those products consume less energy and other essential energy and other essential resources which consume less energy and other resources during use. A standardised during use. A standardised essential resources during use in mandatory label is an effective mean to mandatory label is an effective mean order to achieve a certain provide potential customers with to provide potential customers with performance, therefore having comparable information on the energy comparable information on the reduced life-cycle costs. A consumption of energy-related products. energy consumption of energystandardised mandatory label is an It should be supplemented with a product related products. It should be effective mean to provide potential information sheet. The label should be supplemented with a product customers with comparable easily recognisable, simple and concise. information sheet. The label should information on the energy efficiency To this end the existing dark green to red be easily recognisable, simple and and absolute energy consumption of colour scale of the label should be concise. To this end the existing dark energy-related products. It should be retained as the basis to inform customers green to red colour scale of the label supplemented with a product about the energy efficiency of products. should be retained as the basis to information sheet, referred to as inform customers about the energy 'product fiche' in the delegated acts efficiency of products. adopted pursuant to Directive

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

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efficiency of products.

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(recital 9 continued) The known classification using (9a) A classification using letters from A letters from A to G has shown to be to G has shown to be cost effective for

A classification using letters from A most effective for customers. Its customers. However, in some cases, to G has shown to be most effective uniform application across products such as reaching insufficient savings for customers. In situations where groups should raise transparency across the full spectrum of the seven because of ecodesign measures under and understanding among classes, a shorter scale could be

Directive 2009/125/EC i products can customers. In situations where appropriate. In situations where because no longer fall into classes 'F' or 'G', because of ecodesign measures under of ecodesign measures under Directive those classes should not be shown on Directive 2009/125/EC i products can 2009/125/EC products can no longer fall the label. For exceptional cases this no longer fall into classes 'F' or 'G', into classes 'F' or 'G', those classes should should also be extended to the 'D' and those classes should nonetheless be not be shown on the label. For

'E' classes, although this situation is shown on the label in dark grey, in exceptional cases this should also be unlikely to occur given that the label order to maintain a unified scale extended to the 'D' and 'E' classes, would be rescaled once a majority of from A to G for all product groups. although this situation is unlikely to occur product models falls into the top two In that context, the dark green to given that the label would be reviewed in classes. red colour scale of the label should view of rescaling [ ] once 30 percent of

be retained for the remaining upper the products [ ] sold falls into the top [ classes and should only apply to new ] class and further tecnological product units placed on the market. development 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 technology (10) Advances in digital technology (10) Advances in digital technology allow for alternative ways of allow for alternative ways of allow for alternative ways of [ ] delivering and displaying labels delivering and displaying labels supplying and displaying labels and electronically, such as on the electronically, such as on the product information sheets internet, but also on electronic internet, but also on electronic electronically, such as on the internet or displays in shops. In order to take displays in shops. In order to take via the product database, but also on advantage of such advances, this advantage of such advances, this electronic displays in shops. Without

Regulation should allow the use of Regulation should allow the use of affecting the obligation of the supplier electronic labels as replacement of or electronic labels complementary to to provide the label in physical form, [ ] complementary to the physical the printed energy label. This such technological advances should be energy label. In cases where it is not provision does not affect the duty of taken advantage of. Therefore, this feasible to display the energy label, the supplier to accompany each unit Regulation should allow the use of such as certain forms of distance of a product with a printed label for electronic labels as replacement of or selling and in advertisements and the dealer. In cases where it is not complementary to the physical supply of technical promotional material, feasible to display the energy label, the energy label, and include the potential customers should be potential customers should be alternative to allow in implementing provided at least with the energy provided at least with the energy acts for the product information sheet class of the product. class of the product model. to be delivered only by means of the

information available in the product The delegated acts for specific database. product groups could also establish alternative provisions for displaying the label for small- sized 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 the (11) Manufacturers respond to the (11) Manufacturers respond to the energy energy label by creating ever more energy label by developing and label by creating ever more efficient efficient products. This technological placing on the market ever more products. This technological development development leads to products efficient products. In parallel, they leads to products populating mainly the populating mainly the highest classes discontinue the production of less highest classes of the energy label. of the energy label. Further product efficient products, stimulated to do Further product differentiation may be differentiation may be necessary to so by Union law relating to necessary to allow customers a proper allow customers a proper ecodesign. This technological comparison, leading to the need to rescale comparison, leading to the need to development leads to product models labels. [ ] This Regulation should rescale labels. For the frequency of populating mainly the highest classes therefore lay down detailed arrangements such rescaling a timescale of of the energy label. Further product for rescaling in order to maximise legal approximately ten years would be differentiation may be necessary to certainty for suppliers and dealers. [ ] appropriate, taking into account the allow customers a proper need to avoid over burdening comparison, leading to the need to manufacturers. This Regulation rescale labels. For the frequency of should therefore lay down detailed such rescaling a timescale of arrangements for rescaling in order to approximately ten years would be maximise legal certainty for suppliers desirable, taking into account the and dealers. A newly rescaled label need to avoid over burdening should have empty top classes to manufacturers and dealers, with a encourage technological progress and special consideration for small enable ever more efficient products businesses. Such an approach to be developed and recognised. should avoid unnecessary or

When a label is rescaled, confusion inefficient rescaling that would to customers should be avoided by damage both manufacturers and replacing all energy labels within a consumers. This Regulation should short timeframe. therefore lay down detailed

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

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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/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.

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(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.

• (12) 

  In the case of a rescaled (12) When a label is rescaled, confusion label, suppliers should provide both to customers should be avoided by the old and the rescaled labels to replacing all energy labels within a dealers during a certain period. The short timeframe. (moved from recital replacement of the existing labels 11) In the case of a rescaled label, on products on display, including suppliers should provide both the old and on the Internet, with the rescaled the rescaled labels to dealers during a labels should take place as quickly certain period. The replacement of the as possible after the date of existing labels on products on display, replacement specified in the including on the Internet, with the delegated act on the rescaled label. rescaled labels should take place as

Dealers should not display the quickly as possible after the date of rescaled labels before the date of replacement specified in the [ ]

replacement. implementing act on the rescaled label. Dealers should not display the rescaled

labels before the date of replacement.

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• (13) 

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

products which are in conformity with this Regulation and its delegated acts.

Amendment 12

Recital 14

• (14) 

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

  consumption of energy or any other schemes for the labelling of products. characteristics covered by the Additional labels, marks, symbols or relevant delegated act, should not be inscriptions that are likely to mislead or allowed either. confuse customers with respect to the

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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, it is certainty, it is necessary to clarify certainty, it is necessary to clarify necessary to clarify that rules on Union that rules on Union market that rules on Union market market surveillance and control of surveillance and control of products surveillance and control of products products entering the Union market entering the Union market provided entering the Union market provided provided for in Regulation (EC) No for in Regulation (EC) No 765/2008 i for in Regulation (EC) No 765/2008 i 765/2008 of the European Parliament and of the European Parliament and of of the European Parliament and of of the Council apply to energy-related the Council 7 apply to energy-related the Council apply to energy-related products. Given the principle of free products. Given the principle of free products. Given the principle of free movement of goods, it is imperative that movement of goods, it is imperative movement of goods, it is imperative the market surveillance authorities of the that the market surveillance that the market surveillance Member States cooperate with each other authorities of the Member States authorities of the Member States effectively. Such cooperation on energy cooperate with each other effectively. cooperate with each other effectively, labelling should be reinforced through Such cooperation on energy labelling through ongoing exchanges of support by the Commission to the Group should be reinforced through support information, particularly regarding of Experts on Ecodesign and Energy by the Commission. the outcome of product conformity Labelling Administrative Co-operation

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

7 OJ L 218, 13.8.2008, p. 30.

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(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 non-compliant 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 surveillance obligation to [ ] check product provide up-to-date market data for obligations, in order to set up a conformity, in order to facilitate the the regulatory process on revisions of useful tool for consumers, to monitoring of compliance and to provide product-specific labels and facilitate the monitoring of up-to-date market data for the regulatory information sheets, suppliers should compliance and to provide up-to-date process on revisions of product-specific provide their product compliance market data for the regulatory labels and information sheets, suppliers information electronically in a process on revisions of productshould provide their labels, product database established by the specific labels and information information sheets and technical

Commission. The information should sheets, suppliers should provide the documentation [ ] electronically in a be made publicly available to provide required product compliance database established by the Commission. information for customers and to information electronically in a The information on energy labels and allow for alternative ways for dealers database established and maintained product information sheets should be to receive labels. Market surveillance by the Commission. The part of the made publicly available to provide authorities should have access to the information addressed to consumers information for customers and to allow information in the database. should be made publicly available on for alternative ways for dealers to receive

the public interface of the product labels. The technical documentation database. That information should should not be made publicly available be made available as open data so as but only to market surveillance to give 'app' developers and other authorities and the Commission [ ]. comparison tools the opportunity to Where some technical information is so use it. Easy direct access to the sensitive that it is inappropriate to

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

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• (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 effective, adopted under it should be effective, proportionate and dissuasive. proportionate and 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 States should be able to create should be able to create incentives for the incentives for the use of energy use of energy efficient products. Member efficient products. Member States States are free to decide on the nature of are free to decide on the nature of such incentives. Such incentives should such incentives. Such incentives comply with Union State aid rules and should comply with Union State aid should not constitute unjustifiable market rules and should not constitute barriers. This Regulation does not unjustifiable market barriers. This prejudice the outcome of any future State Regulation does not prejudice the aid procedure that may be undertaken in outcome of any future State aid accordance with Articles 107 and 108 of procedure that may be undertaken the Treaty on the Functioning of the in accordance with Articles 107 and European Union in respect of such 108 of the Treaty on the incentives.

Functioning of the European Union in respect of such incentives.

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Amendment 17

Recital 19

• (19) 

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

Regulation. do not lead to significant variations of efficiency gains that might

possibly alter the energy efficiency class of a product. Permitted

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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 product-specific requirements the Commission should publish in the Official Journal of the European Union transitional measurement and calculation methods in relation to those productspecific 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 a provide a working plan for the regulation, the Commission should working plan for the revision of labels of revision of labels of particular provide a long-term working plan for particular products including an products including an indicative list the revision of labels of particular indicative list of further energy-related of further energy-related products for products including an indicative list products for which an energy label could which an energy label could be of further energy-related products for be established. The working plan should established. The working plan should which an energy label could be be implemented starting with a technical, be implemented starting with a established and should update this environmental and economic analysis of technical, environmental and working plan periodically. The the product groups concerned. This economic analysis of the product Commission should inform the analysis should also look at groups concerned. This analysis European Parliament and the supplementary information including the should also look at supplementary Council annually about the possibility and cost to provide consumers information including the possibility progress of the working plan. with information on the performance of and cost to provide consumers with an energy-related product, such as its [ ] information on the performance of an energy consumption, durability or energy-related product, such as its environmental performance, in coherence absolute energy consumption, with the objective to promote a circular durability or environmental economy. Such supplementary performance, in coherence with the information should improve the objective to promote a circular intelligibility and effectiveness of the economy. Such supplementary label towards consumers and should not information should improve the lead to any negative impact on intelligibility and effectiveness of the consumers. 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/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 product(21) In order to establish [ ] specific specific labels and information sheets product groups of energy related and operational details relating to the products in accordance with a set of product database, the power to adopt specific criteria, the power to adopt acts acts in accordance with Article 290 in accordance with Article 290 on the on the Treaty on the Functioning of Treaty on the Functioning of the the European Union should be European Union should be delegated to delegated to the Commission. It is of the Commission. It is of particular particular importance that the importance that the Commission carry out Commission carry out appropriate appropriate consultations during its consultations during its preparatory preparatory work, including at expert work, including at expert level and level and with the Consultation Forum. with the Consultation Forum. The Commission, when preparing and

  drawing up 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 i 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 without prejudice to the obligations prejudice to the obligations of the of the Member States relating to the Member States relating to the time-limits time-limits for transposition into for transposition into national law and national law and application of application of Directive 2010/30 i/EU. Directive 2010/30 i/EU.

• (23) 

  Directive 2010/30 i/EU should (23) Directive 2010/30 i/EU 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 on labelling and standard product related products and provides them the Union market or put into service on information of the consumption of with a label regarding energy the Union market. These products shall energy and other resources by efficiency, absolute consumption of comply with this Regulation and the energy-related products during use energy and other environmental and relevant implementing acts. and supplementary information performance characteristics. It concerning energy-related products allows customers to choose more in order to allow customers to choose energy-efficient products in order to more efficient products. reduce their energy consumption.

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• 2. 

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

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

(b) Means of transport for persons or (b) Means of transport for persons (b) Means of transport for persons or goods other than those operated by a or goods [ ]. goods other than those operated 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 to choose more efficient products and reduce [ ] energy consumption.

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Article 2 Article 2

Definitions Definitions

For the purposes of this Regulation For the purposes of this Regulation the the following definitions apply: following definitions apply:

• (1) 

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

• (2) 

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

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• (3) 

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

• (4) 

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

• (5) 

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

Union

Amendment 21

Article 2 – paragraph 1 – point 6

• (6) 

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

  under his name or trademark;

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• (7) 

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

• (8) 

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

Amendment 22

Article 2 - paragraph 1 - point 9

• (9) 

  ‘Dealer’ means a retailer or other (9) 'Dealer' means a retailer or (9) ‘Dealer’ means a retailer or other person who sells, hires, offers for other natural or legal person who person who sells, hires, offers for hire hire purchase or displays products to sells, hires, offers for hire purchase purchase or displays products to customers or displays products to customers; customers or installers in the course of

  a commercial activity, whether in return for payment or free of charge;

• (10) 

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

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Amendment 23

Article 2 - paragraph 1 - point 10a (new)

(10 a) 'Energy efficiency' means the (10a) 'Energy efficiency' means the ratio of output of performance, ratio of output of performance, service, service, goods or energy, to input of goods or energy to input of energy; energy;

Amendment 24

Article 2 - paragraph 1 - point 11

• (11) 

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

  market and put into service as individual parts for customers and of which the energy and environmental performance can be assessed independently;

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• (12) 

  ‘Harmonised standard’ means a (12) ‘Harmonised standard’ means a

European standard as defined in European standard as defined in Article

Article 2(1)(c) of Regulation (EU) 2(1)(c) of Regulation (EU) No

No 1025/2012 8 1025/2012;

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 using including a classification using letters different colours from dark green to only letters from A to G, each class from A to G in seven different colours red in order to show consumption of corresponding to significant energy from dark green to red in order to show energy savings, in seven different colours energy efficiency and consumption of

  from dark green to red, in order to energy. It includes rescaled labels and inform customers about energy labels with fewer classes and colours in efficiency and energy consumption; accordance with Article 7(1b) and (4);

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 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;

• (14) 

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

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

• (16) 

  'Equivalent model' means a (16) 'Equivalent model' means a model model placed on the market by the 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, but is another model, but with a different placed on the market by the same supplier model identifier [ ] as another model [ ] with a different

  model identifier;

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Amendment 27

Article 2 - paragraph 1 - point 17

• (17) 

  'Product information sheet' (17) 'Product information sheet' (17) 'Product information sheet' means a means a standard table of means a standard table of standard table of information relating to a information relating to a product information relating to a product, product, either in printed or electronic

  either in printed or electronic form; form;

Amendment 28

Article 2 - paragraph 1 - point 18

• (18) 

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

existing labels may imply the 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 label (19) [ ] for a particular product that has for a particular product group that undergone a rescaling exercise. 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 means information on the functional means any information specified by information on the functional and and environmental performance of an the relevant delegated act on the environmental performance of a [ ] energy-related product, such as its functional, environmental and product, such as its [ ] energy absolute energy consumption or resource-efficiency performance of consumption; durability, which is based on data an energy-related product, which is that are measurable by market based on data that are measurable surveillance authorities, is and verifiable by market surveillance unambiguous and has no significant authorities, is easily understandable negative impact on the clear and has no significant negative intelligibility and effectiveness of the impact on the effectiveness of the label as a whole towards customers. label as a 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 on (a) [ ] ensure that products placed on the placed on the market are provided, the market are provided, free of market are [ ] supplied, free of charge, free of charge, with accurate labels charge, with accurate printed labels with accurate labels and product and product information sheets in and with product information sheets information sheets for each unit in accordance with this Regulation and for each individual unit; accordance with this Regulation and the the relevant delegated acts relevant [ ] 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 promptly (b) deliver labels and product (b) [ ] deliver labels, including rescaled and free of charge on request from information sheets, free of charge, labels in accordance with Article 7(5), dealers within five working days upon and product information sheets

request from dealers; promptly and free of charge on request from dealers.

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

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

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

(d) they shall, prior to placing a (d) enter the information set out ( a) shall [ ] prior to placing a unit of a [ ] product model on the market, enter in Annex I into the public and model covered by an implementing act into the product database established compliance interfaces of the product under this Regulation on the market, in accordance with Article 8 the database established pursuant to enter for that model into the product information detailed in Annex I. Article 8; database [ ] the information detailed in

Annex I. A product for which any changes with relevance for the label and the product information sheet are made shall be considered as a new product model. They shall indicate in the database when units of a model are no longer being placed on the market.

(i) for all new models, before placing a unit of the model on the market,

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(b) shall, 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 are market after 1 January 2014 that placed on the market before 1 January are still being supplied, no later 2017, enter into the product database than 18 months after the database is the information set out in Annex I. fully operational in accordance with Article 16;

(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;

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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 the Dealers shall: 2. Dealers shall [ ]: following:

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

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

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

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

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label from the supplier

(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 product available for that product; or

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

(c) they shall make available to (c) upon request, make available (moved to point (aa) above) customers the product information to customers the product information sheet. 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 the (a) make reference to the energy (a) [ ] make reference to the energy energy efficiency class of the product efficiency class of the product in any efficiency class of the product and the in any advertisement or technical visual advertisement or technical range of the efficiency classes available promotional material for a specific promotional material for a specific on the label in any advertisement or model of products in accordance with model of products in accordance with technical promotional material for a the relevant delegated act the relevant delegated act; specific model [ ] in accordance with the

relevant implementing act and to the [ ] energy consumption, unless this is stipulated otherwise by the relevant implementing act;

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

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

(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 display implementing acts under this supply or display labels which mimic labels which mimic the label as Regulation, not supply or display labels the label as defined in this defined in this Regulation. which mimic the label as defined in this Regulation. 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 of Member States Obligations of Member States

Amendment 37

Article 4 - paragraph 1

• 1. 

  Member States shall not 1. Member States shall not [ ] 1. Member States shall not [ ] prohibit, restrict or impede the impede the placing on the market or impede, in relation to matters placing on the market or putting into putting into service, within their covered by this Regulation, the service, within their territories, of territories, of products which comply placing on the market or putting into energy-related products which with this Regulation [ ]. service, within their territories, of [ ] comply with this Regulation and its products which comply with [ ] this relevant delegated acts. Regulation and the relevant [ ]

  implementing acts under this Regulation.

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Amendment 38

Article 4 - paragraph 2

• 2. 

  Member States shall take all 2. Member States shall take all 2. [ ] appropriate measures to ensure that appropriate measures to ensure that suppliers and dealers comply with suppliers and dealers comply with the the obligations and requirements of obligations and requirements of this this Regulation and of the relevant Regulation []. delegated acts.

Amendment 39

Article 4 - paragraph 3

• 3. 

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

  the applicable[ ] implementing act[ ].

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Amendment 40

Article 4 - paragraph 4

• 4. 

  Member States shall ensure 4. Member States shall ensure that 4. Member States shall ensure that the introduction of labels the introduction and rescaling of that the introduction of labels including rescaled labels and product labels is accompanied by educational including rescaled labels and product information sheets is accompanied and promotional information information sheets is accompanied by by educational and promotional campaigns on energy labelling. educational and promotional information campaigns aimed at information campaigns on energy promoting energy efficiency and labelling [ ], if appropriate in more responsible use of energy by cooperation with dealers and customers, if appropriate in suppliers. The Commission shall cooperation with dealers. support cooperation and the

  exchange of best practices in relation to these campaigns,

  The Commission shall coordinate including through the provision of those campaigns, supporting close a core script.

  cooperation with suppliers and dealers and the exchange of best practices.

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Amendment 41

Article 4 - paragraph 5

• 5. 

  Member States shall shall lay 5. Member States shall lay down 5. Member States shall lay down down the rules on penalties and the rules on penalties and enforcement the rules on penalties and enforcement mechanisms applicable mechanisms applicable to enforcement mechanisms applicable to infringements of the provisions of infringements of the provisions of this to infringements of the provisions of this Regulation and its delegated Regulation [ ], and shall take all this Regulation and its implementing acts, and shall take all measures measures necessary to ensure that they acts, and shall take all measures necessary to ensure that they are are implemented. The penalties shall necessary to ensure that they are implemented. The penalties must be be effective, proportionate and implemented. The penalties must be effective, proportionate and dissuasive, and proportionate to the effective, proportionate and dissuasive. Member States shall economic advantage of nondissuasive. Rules fulfilling the notify those provisions to the compliance. Member States shall requirements of Article 15 of Commission by the date of notify those provisions to the Directive 2010/30 i/EU shall be application of this Regulation and Commission by the date of application considered to fulfil these shall notify without delay any of this Regulation and shall notify requirements as regards penalties. subsequent amendment affecting without delay any subsequent Member States shall notify [ ] rules them. amendment affecting them. on penalties and enforcement

  mechanisms that had not previously been notified to the Commission by the date of application of this Regulation and shall notify without delay any subsequent amendment affecting them.

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Article 5 Article 5

Union market surveillance and Union market surveillance and control of energy-related products control of products entering the

entering the Union market Union market

• 1. 

  Articles 16 to 29 of 1. Articles 16 to 29 of Regulation

Regulation (EC) No 765/2008 i shall (EC) No 765/2008 shall apply to [ ] apply to energy-related products products covered by this Regulation covered by this Regulation and its and its [ ] implementing acts. delegated acts.

Amendment 42 Article 5 - paragraph 2

• 2. 

  The Commission shall support 2. The Commission shall 2. The Commission shall support cooperation and exchange of encourage and coordinate cooperation and exchange of information on market surveillance cooperation and exchange of information on market surveillance of of energy labelling of products information on market surveillance energy labelling of products among among national authorities of the of energy labelling regarding national authorities of the Member

Member States responsible for

market surveillance or external products covered by this Regulation

States responsible for market surveillance or external border

border controls and between such among national authorities of the controls and between such authorities

authorities and the Commission. Member States responsible for market surveillance or in charge of and the Commission.

the control of products entering the Union market and between them and the 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 conducted when test results indicate that the producer is in compliance with the relevant law.

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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 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 i.

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 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 real-life 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.

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Article 6 Article 6

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

Amendment 46

Article 6 - paragraph 1

• 1. 

  Where the market surveillance 1. Where the market surveillance 1. Where the market surveillance authorities of one Member State authorities of one Member State have authorities of one Member State have have sufficient reason to believe that sufficient reason to believe that a [ ] sufficient reason to believe that a [ ] an energy-related product covered product covered by a delegated act product covered by this Regulation[ by a delegated act under this under this Regulation presents a risk ] presents a risk to aspects of public Regulation presents a risk to aspects to aspects of public interest protection interest protection covered by this of public interest protection covered covered by this Regulation, they shall Regulation, such as environmental by this Regulation, they shall carry immediately notify the Commission and consumer protection [ ] out an evaluation in relation to the and carry out an evaluation in relation aspects, they shall carry out an energy-related product concerned to the product model concerned, evaluation in relation to the [ ] covering all the requirements laid covering all the requirements laid product concerned covering all [ ] down in this Regulation and its down in this Regulation and the energy labelling requirements relevant delegated acts. The supplier relevant delegated acts, also assessing relevant to the risk and laid down in shall cooperate as necessary with the whether it is advisable to extend the this Regulation or its [ ] market surveillance authorities for evaluation to other product models. implementing acts. [ ] Suppliers and that purpose. The supplier shall cooperate as dealers shall cooperate as necessary

  necessary with the market surveillance with the market surveillance authorities [ ]. authorities for that purpose .

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Amendment 47

Article 6 - paragraph 2

• 2. 

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

  to in this paragraph.

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Amendment 48

Article 6 - paragraph 3

• 3. 

  Where the market surveillance 3. The market surveillance 3. Where the market surveillance authorities consider that nonauthorities shall inform through the authorities consider that noncompliance is not restricted to their ICSMS the Commission and other compliance is not restricted to their national territory, they shall inform Member States, of any results of the national territory, they shall inform the Commission and the other evaluation and of any actions which the Commission and the other Member States of the results of the they have required the supplier to take Member States of the results of the evaluation and of the actions which pursuant to paragraph 2. evaluation and of the actions which they have required the supplier to they have required the supplier or take. dealer to take.

Amendment 49

Article 6 - paragraph 4

• 4. 

  The supplier shall ensure that 4. The supplier shall ensure that 4. The supplier or dealer shall all appropriate corrective action is any restrictive measure prescribed in ensure that all appropriate corrective taken in respect of all the energyaccordance with paragraph 2 is action is taken in respect of all the [ ] related products concerned that it has taken, in respect of all the product products concerned that it has made made available on the market models concerned that it has made available on the market throughout throughout the Union. available on the market throughout the the Union.

  Union.

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Amendment 50

Article 6 - paragraph 5

• 5. 

  Where the supplier does not 5. Where the supplier does not 5. Where the supplier or dealer take adequate corrective action implement the corrective action does not take adequate corrective within the period referred to in the within the period referred to in the action within the period referred to in paragraph 2, the market surveillance paragraph 2, the market surveillance the paragraph 2, the market authorities shall take all appropriate authorities shall take all appropriate surveillance authorities shall take all provisional measures to prohibit or provisional measures to prohibit or appropriate provisional measures to restrict the energy-related product's restrict the making available of the prohibit or restrict the [ ] product's being made available on their product model on their national being made available on their national market, to withdraw the market or to withdraw or recall the national market, to withdraw the [ ] energy-related product from that product model from that market. The product from that market or to recall market or to recall it. The market market surveillance authorities shall it. The market surveillance authorities surveillance authorities shall inform immediately notify the Commission shall inform the Commission and the the Commission and the other and the other Member States of those other Member States, without delay, Member States, without delay, of measures, and shall upload the of those measures. those 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 information referred to in 6. The notification referred to in 6. The information referred to in the paragraph 5 shall include all paragraph 5 shall include all available the paragraph 5 shall include all available details, in particular the details, in particular the data necessary available details, in particular the data necessary for the identification for the identification of the nondata necessary for the identification of the non-compliant energy-related compliant product, its origin, the of the non-compliant [ ] product, the product, the origin of the energynature of the non-compliance alleged origin of the [ ] product, the nature related product, the nature of the and the risk involved, the nature and of the non-compliance alleged and non-compliance alleged and the risk duration of the national measures the risk involved, the nature and involved, the nature and duration of taken and the arguments put forward duration of the national measures the national measures taken and the by the supplier. In particular, the taken and the arguments put forward arguments put forward by the market surveillance authorities shall by the supplier or dealer. In supplier. In particular, the market indicate whether the non-compliance particular, the market surveillance surveillance authorities shall indicate is due to either failure of the product authorities shall indicate whether the whether the non-compliance is due model to meet requirements relating to non-compliance is due to either to either failure of the energy-related aspects of public interest protection failure of the [ ] product to meet product to meet requirements laid down in this Regulation or to requirements relating to aspects of relating to aspects of public interest shortcomings in the harmonised public interest protection laid down protection laid down in this standards referred to in Article 9 in this Regulation or shortcomings in Regulation or shortcomings in the conferring a presumption of the harmonised standards referred to harmonised standards referred to in conformity. In this case, the in Article 9 conferring a presumption Article 9 conferring a presumption Commission shall apply the of conformity. of conformity. procedure provided for in Article 11

  of Regulation (EU) No 1025/2012 i.

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Amendment 52

Article 6 - paragraph 7

• 7. 

  Member States other than the 7. Member States other than the 7. Member States other than the

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

Amendment 53

Article 6 - paragraph 8

• 8. 

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

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Amendment 54

Article 6 - paragraph 9

• 9. 

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

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Article 6a

Union safeguard procedure

Amendment 55

Article 6 - paragraph 10

• 10. 

  Where, on completion of the 10. Where, on completion of the 1. Where, on completion of the procedure set out in paragraphs 4 procedure set out in paragraphs 4 procedure set out in [ ] Article 6(4) and 5, objections are raised against and 5, objections are raised against a and (5), objections are raised a measure taken by a Member measure taken by a Member State, against a measure taken by a State, or where the Commission or where the Commission considers Member State, or where the considers a national measure to be such national measure to be contrary Commission considers a national contrary to Union legislation, the to Union law, the Commission shall measure to be contrary to Union Commission shall without delay without delay enter into consultation legislation, the Commission shall [ ] enter into consultation with the with the Member States and the without delay enter into Member States and the supplier supplier, and shall evaluate the consultation with the Member and shall evaluate the national national measure, on the basis of the States and the supplier or dealer measure. On the basis of the results results of which it shall decide and shall evaluate the national of that evaluation, the Commission whether the national measure is measure. On the basis of the results shall decide whether the national justified or not, and may propose an of that evaluation, the Commission measure is justified or not. appropriate alternative measure. shall adopt an implementing act

  determining whether the national measure is justified or not. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12a(2).

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Amendment 56

Article 6 - paragraph 11

• 11. 

  The Commission shall address 11. The Commission shall address 2. The Commission shall address its decision to all Member States and its decision to all Member States and its decision to all Member States and shall immediately communicate it to shall immediately notify it to them and shall immediately communicate it to them and the supplier. to the supplier concerned. them and the supplier or dealer.

Amendment 57

Article 6 - paragraph 12

• 12. 

  If the national measure is 12. If the national measure is 3. If the national measure is considered justified, all Member considered to be justified, all Member considered justified, all Member States shall take the measures States shall take the measures States shall take the measures necessary to ensure that the nonnecessary to ensure that the nonnecessary to ensure that the noncompliant energy-related product is compliant product model is compliant [ ] product is withdrawn withdrawn from their market, and withdrawn from their national from their market, and shall inform shall inform the Commission markets, and shall inform the the Commission accordingly. If the accordingly. If the national measure Commission accordingly. If the national measure is considered is considered unjustified, the national measure is considered to be unjustified, the Member State Member State concerned shall unjustified, the Member State concerned shall withdraw the withdraw the measure. concerned shall withdraw the measure. measure.

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Amendment 58

Article 6 - paragraph 13

• 13. 

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

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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 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 rescaling Procedure for the introduction and Labels and rescaling rescaling of labels

• 1. 

  The Commission may, by 1. The Commission is empowered 1. The Commission may, in means of delegated acts adopted to adopt delegated acts in accordance accordance with the procedures set pursuant to Articles 12 and 13, with Article 13 in order to out in to Articles 11a and 12, introduce labels or rescale existing supplement this Regulation by introduce labels or rescale existing labels. introducing or rescaling labels. labels.

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

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• 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, for a given product 2. In order to ensure a 2. When it is, for technical group, no models belonging to homogenous A to G scale, the reasons, impossible to define seven energy classes D, E, F or G are Commission shall introduce rescaled energy classes that correspond to allowed to be placed on the market labels for existing product groups, as significant energy and cost savings any more because of an referred to in paragraph 1, within 5 from a customer’s perspective, the implementing measure adopted years after the entry into force of this label may, in exception to Article under Directive 2009/125/EC i, the Regulation, respecting the 2(13), contain fewer classes. In that class or classes in question shall no requirements of paragraph 4. case, the dark green to red longer be shown on the label. spectrum of the label shall be

  retained.

  Product groups covered by Commission Delegated Regulations 811/2013 (space heaters, combination 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 Regulations 1059/2010 (household dishwashers), 1060/2010 (household refrigerating

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

  (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.

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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 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 shall be re-scaled 4. The Commission shall lay out 4. When, for a given product periodically. the requirements for new or rescaled group, no models belonging to

  labels aiming for an expected validity energy classes D, E, F or G are of at least ten years. allowed to be placed on the market any more because of an implementing measure adopted under Directive 2009/125/EC i, the class or

  To that end, the Commission shall classes in question shall no longer be ensure that, when a label is shown on the label.

  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 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 label is rescaled: 5. When, for a given product 5. When a label is rescaled: 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 i, 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 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 shall provide both the (a) suppliers shall [ ] supply in current and the rescaled labels to accordance with Article 3(1) (a) dealers for a period of six months Deleted (moved to Article 3) both the current and the rescaled before the date specified in labels [ ] for a period of six months paragraph (b). before the date specified in paragraph

(b).

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.

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

date.

(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 energy- related 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.

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Amendment 65

Article 7 - paragraph 6

• 6. 

  Labels introduced by Deleted (moved to Article 7(1)) 6. Labels introduced by delegated delegated acts adopted in accordance acts adopted in accordance with with Article 10 of Directive Article 10 of Directive 2010/30 i/EU 2010/30/EU before the date of before the date of application of this application of this Regulation shall Regulation shall be considered as be considered as labels for the labels for the purposes of this purposes of this Regulation. The Regulation. [ ] 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 database Product database

The Commission shall establish and 1. The Commission shall establish and 1. The Commission shall maintain a product database maintain a product database, establish and maintain a product including the information referred to consisting of two different interfaces, database [ ] for the following in Annex I. The information listed the public interface and the purposes: under point 1 of Annex I shall be compliance interface. made publicly available.

The public interface shall contain the information set out in point 1 of Annex I, respecting the functional requirements set out in point 3 of Annex I.

The 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.

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 administrative burden for suppliers and other database users, user-friendliness and costeffectiveness.

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

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• 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.

• 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 Commission with up-to-date energy efficiency information of products for reviews of energy labels;

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(c) to provide the public with information about products placed on the market, their energy labels and product information sheets;

(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.

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• 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.

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• 5. 

  The Commission and market surveillance authorities shall ensure that personal data are processed in accordance with Regulation (EC) No 45/2001 i 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 costeffectiveness, and shall ensure appropriate security arrangements and access rights based on the need-to-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 standards Harmonised standards

After the adoption of a delegated act After the adoption of an [ ] under this Regulation setting specific implementing act under this labelling requirements adopted in Regulation setting specific labelling accordance with Article 13 of this requirements [ ] the Commission Regulation, the Commission shall, in shall, in accordance with Regulation accordance with Regulation (EU) No (EU) No 1025/2012, publish 1025/2012 9 , publish references to references to harmonised standards harmonised standards that satisfy the that satisfy the relevant measurement relevant measurement and and calculation requirements of the [ calculation requirements of the ] implementing act in the Official delegated act in the Official Journal Journal of the European Union. of the European Union.

9 OJ L 316, 14.11.2012, p12

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

act.

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 3(1a).

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Amendment 68 Article 10 - paragraph 1

Article 10 Article 10

Consultation Consultation Forum

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

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

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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 i. The minutes of the Consultation Forum meetings shall be published in the public interface of the database established pursuant to Article 8.

Amendment 69

Article 10 – paragraph 2

Where appropriate prior to the 3. Where appropriate, prior to the Where appropriate, [ ] when adoption of delegated acts, the adoption of delegated acts adopted preparing implementing acts, the Commission shall test the design and pursuant this Regulation, the Commission shall test the design and content of the labels for specific Commission shall test the design and content of the labels for specific product groups with consumers to content of the labels for specific product groups with [ ] customers to ensure their clear understanding of product groups with representative ensure their clear understanding of the labels. groups of Union consumers to ensure the labels.

their clear understanding of the labels.

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Amendment 70 Article 11 - paragraph 1

Article 11 Article 11

Working plan Working plan

The Commission shall, having 1. The Commission shall adopt The Commission shall, having consulted the Consultation Forum delegated acts pursuant to Article 13 consulted the Consultation Forum referred to in Article 10, establish a supplementing this Regulation, after referred to in Article 10, establish a working plan which shall be made having consulted the Consultation working plan which shall be made publicly available. The working plan Forum referred to in Article 10, in publicly available. The working plan shall set out an indicative list of order to establish a long-term shall set out an indicative list of product groups which are considered working plan which shall be made product groups which are considered as priorities for the adoption of publicly available, including through as priorities for the adoption of the delegated acts. The working plan the public interface of the database specific product groups under shall also set out plans for the established pursuant to Article 8. Article 11a, and detailed energy revision and rescaling of labels of labelling requirements under products or product groups. The Article 12. The working plan shall working plan may be amended also set out plans for the revision and periodically by the Commission after rescaling of labels of products or consultation with the Consultation product groups. The working plan [ ] Forum. The working plan may be shall be amended periodically by the combined with the working plan Commission after consultation with required by Article 16 of Directive the Consultation Forum. The working 2009/125/EC. plan [ ] shall be combined with the

working plan required by Article 16 of Directive 2009/125/EC i and reviewed every three years.

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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 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 Acts Specification of product groups

• 1. 

  The Commission shall be 1. The Commission is empowered 1. The Commission shall be empowered to adopt delegated acts to adopt delegated acts in accordance empowered to adopt delegated acts, concerning detailed requirements with Article 13 to supplement this in accordance with Article 13, to relating to labels for specific groups Regulation by laying down detailed establish specific product groups of of energy-related products ('specific requirements relating to labels for energy related products ('specific product groups') in accordance with specific groups of energy-related product groups') which satisfy the Article 13. products ('specific product groups'). following criteria:

Amendment 72

Article 12 - paragraph 2

• 2. 

  Delegated acts shall specify 2. Delegated acts shall specify product groups which satisfy the products groups which satisfy the following criteria: following criteria:

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

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

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

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. 

  Delegated acts relating to 3. Delegated acts relating to 2. Those implementing acts [ ] specific product groups shall specify specific product groups shall specify shall specify in particular: in particular: in particular for the product group

  concerned:

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

requirements;

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(b) the design and content of the (b) the design, dimensions, and (b) the design and content of the label, including a scale showing content of the label, which shall in all label, including a scale showing consumption of energy consisting of cases be clear and legible, taking into consumption of energy consisting of A to G, which as far as possible shall account the needs of visually A to G, which as far as possible shall have uniform design characteristics impaired customers, and shall have uniform design characteristics across product groups and shall in all contain in a prominent position the across product groups and shall in all cases be clear and legible; following information determined in cases be clear and legible. The A-G

accordance with the relevant steps of the classification shall delegated act: correspond to significant energy and cost savings and appropriate product differentiation from the customer's perspective;

(i) an A to G scale showing the energy efficiency class of the corresponding product model, which as far as 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 appropriate, the use of (c) where appropriate, the use of (c) where appropriate, the use of other resources and supplementary other resources and supplementary other resources and supplementary information concerning energy information concerning energy related information concerning energy related products, in which case the products, in which case the label shall related products, in which case the label shall emphasise the energy emphasise the energy efficiency of the label shall emphasise the energy efficiency of the product; product; efficiency of the product.

Supplementary information shall be unambiguous and with no negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers. It shall be based on data relating to physical product characteristics that are measurable by market surveillance authorities;

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

format or displayed on line; consumers, suppliers and dealers;

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

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

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

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(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 compliance (h) that when verifying (h) that when Member States verify with the requirements, only those compliance with the requirements, compliance with the requirements, only verification tolerances that are set out only those verification tolerances that those verification tolerances that are set in the delegated act(s) shall apply; are set out in the delegated act(s) out in the [ ] implementing act(s) shall

shall apply; apply;

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

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(j) the specific indication of the (j) where appropriate, the (j) the specific indication of the energy energy class to be included in specific indication of the energy class class to be included in advertisements and advertisements and technical to be included in advertisements and technical promotional material, including promotional material, including technical promotional material, requirements for this to be in a legible requirements for this to be in a including requirements for this to be and visible form; legible and visible form; in a legible and visible form;

(k) the conformity assessment (k) the conformity assessment (k) [ ] the measurement and calculation procedures and the measurement and procedures and the measurement and methods to be used to determine label and calculation methods to be used to calculation methods, as established product information sheet information; determine label and product in Article 9, to be used to determine information sheet information; label and 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 (l) whether for larger appliances a higher higher level of energy efficiency is higher level of energy efficiency is level of energy efficiency is required to required to reach a given energy required to reach a given energy reach a given energy class; class; class;

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(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 the information on the product information on the product product performance included in the performance included in the product performance included in the product product information sheet; information sheet; information sheet;

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

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

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.

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

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For the format of references referred For the format of references referred For the format of references referred to in to in point (m) of the first to in point (m) of the first point (m) of the first subparagraph, those subparagraph, those references may subparagraph, those references may references may take the form of a website take the form of a website address, a take the form of a website address, a address, a Quick Response (QR) code, a Quick Response (QR) code, a link on dynamic Quick Response (QR) code, link on on-line labels or any other on-line labels or any other a link on on-line labels or any other appropriate consumer-oriented means. appropriate consumer-oriented appropriate consumer-oriented means 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 delegated referred to in point (g) of the first act shall not have a significant subparagraph, shall provide direct negative impact on the functionality links to the public interface of the of the product from the perspective database established pursuant to 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.

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

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in accordance with Article 13. product database, including any obligations on suppliers and dealers.

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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.

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 i, 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.

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• 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 Article 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.

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 i. [ ] 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 shall apply.

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Article 13 Article 13

Exercise of the delegation Exercise of the delegation

• 1. 

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

  Amendment 75

  Article 13 - paragraph 2

• 2. 

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

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

  The delegation of power shall be such extension not later than three tacitly extended for periods of an months before the end of each period.

  identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

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

  Amendment 77

  Article 13 - paragraph 3a (new)

  3a. Before adopting a delegated Corresponds to para 2a above 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 shall act, the Commission shall notify it notify it simultaneously to the simultaneously to the European European Parliament and to the Parliament and to the Council. Council.

  Amendment 78

  Article 13 - paragraph 5

• 5. 

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

European Parliament or of the European Parliament or of the

Council. 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 entry into force, the Commission force of this Regulation], the into force of this Regulation, the shall assess the application of this Commission shall assess the Commission shall assess the application Regulation and transmit a report to application of this Regulation and of this Regulation and transmit a report to the European Parliament and the submit a report to the European the European Parliament and the Council. Council. That report shall assess how Parliament and the Council. This This report shall assess how effectively effectively this Regulation has report shall assess how effectively this Regulation and its delegated and allowed customers to choose more this Regulation and its delegated acts implementing acts have allowed efficient products, taking into have allowed customers to choose customers to choose more efficient account its impacts on business. more energy efficient products, products, taking into account its impacts

taking into account criteria such as on business. its effect on 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, Directive with effect from 1 January 2017. 2010/30/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 2010/30 i/EU 3. References to the repealed shall be construed as references to Directive [ ] shall be construed as this Regulation and shall be read in references to this Regulation and shall be accordance with the correlation table read in accordance with the correlation set out in Annex II. table set out in 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 force This Regulation shall enter into force on on the day following that of its the day following that of its publication in publication in the Official Journal of the Official Journal of the European the European Union. Union.

It shall apply from 1 January 2017. It shall apply from 1 January 2017.

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

However, Article 3(1)(d) shall apply However, point (d) of Article 3(1) Article 3(1a) (a) shall apply from 1 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 in This Regulation shall be binding in its its entirety and directly applicable in entirety and directly applicable in all 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 (a) the name or trademark, (a) [ ] the supplier's name or supplier's name or trademark; address, contact details and other trademark;

legal identification of the supplier;

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

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(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;

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Amendment 82 Annex I - title and point 2

• 2. 

  Compliance information, only 2. Information to be included in 2. Compliance information, only available to Member States' market the compliance interface of the available to Member States' market surveillance authorities and the database: surveillance authorities and the Commission: Commission:

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

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

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

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(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;

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

(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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