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, 24 March 2017

PUBLIC

(OR. en)

7631/17

Interinstitutional File:

2015/0149 (COD) i LIMITE

ENER 121 ENV 289 CONSOM 113 CODEC 480

NOTE

From: General Secretariat of the Council

To: Delegations

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

Further to the fourth trilogue on energy labelling on 21 March and a technical meeting with the EP

on 23 March, delegations will find attached a four-column table reflecting the provisional

agreement reached with the EP.

The table is for information only, awaiting the distribution of the consolidated version of the

Regulation in view of the Coreper meeting on 5 April.

Please note that the Coreper version will also incorporate linguistic improvements and a reordering

and or /renumbering of the recitals and possibly articles.

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL setting a framework for energy efficiency labelling and repealing

Directive 2010/30 i/EU

COMISSION PROPOSAL EP PLENARY TEXT COUNCIL GENERAL APPROACH Provisional agreement

(COD 0149/15 - doc. 11012/15) (doc. 14699/15)

THE EUROPEAN PARLIAMENT THE EUROPEAN PARLIAMENT AND THE EUROPEAN

AND THE COUNCIL OF THE THE COUNCIL OF THE EUROPEAN PARLIAMENT AND THE

EUROPEAN UNION, UNION, COUNCIL OF THE

EUROPEAN UNION, Having regard to the Treaty on the Having regard to the Treaty on the Having regard to the Treaty on Functioning of the European Union, Functioning of the European Union, and the Functioning of the European and in particular Article 194(2) in particular Article 194(2) thereof, Union, and in particular Article thereof, 194(2) thereof,

Having regard to the proposal from Having regard to the proposal from the Having regard to the proposal the European Commission, European Commission, from the European Commission, After transmission of the draft After transmission of the draft legislative After transmission of the draft legislative act to the national act to the national Parliaments, legislative act to the national Parliaments, Parliaments,

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

European Economic and Social European Economic and Social the European Economic and

Committee 1 , Committee Social Committee

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

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

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

1 OJ C , , p. .

2 OJ C , , p. .

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Amendment 1 Recital 1

• (1) 

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

  limiting greenhouse gas emissions. demand. Amendment 2

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

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

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overall. (3) Directive 2010/30 i/EU of the (3) Directive 2010/30 i/EU of the European (3) Directive 2010/30 i/EU of the European Parliament and of the Parliament and of the Council was European Parliament and of the

Council 3 was evaluated for its evaluated for its effectiveness. The Council was evaluated for its effectiveness 4 . The evaluation evaluation identified the need to update effectiveness. The evaluation

identified the need to update the the Energy Labelling framework to identified the need to update the

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

3 OJ L 153, 18.6.2010, p. 1.

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 (4) It is appropriate to replace

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

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

chain and ensures a level playing motor stays in the same field. Harmonisation across the location during operation, such Union ensures the free movement of as elevators, escalators and goods across the Single Market. conveyor belts.

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Amendment 4 Recital 4a (new) (4 a) It is appropriate to exempt (4 a) It is appropriate to second hand products from this clarify that all products placed Regulation, which includes all those on the Union market for the products that have been put into first time, including second service before being made available hand imported products, on the market for a second or should fall under the scope of additional time. the Regulation. This does not

include products that are being made available on the Union market for a second or additional time.

Amendment 5 Recital 4b (new) (4 b) Since the energy EP text falls 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 (5) A Regulation is the instrument as it imposes clear and appropriate legal instrument as it detailed rules which do not give room for imposes clear and detailed rules divergent transposition by Member States which do not give room for and ensures thus a higher degree of divergent transposition by harmonisation across the Union. A Member States and ensures thus harmonised regulatory framework at a higher degree of harmonisation Union rather than at Member State level across the Union. A harmonised brings down costs for manufacturers and regulatory framework at Union ensures a level playing field. rather than at Member State Harmonisation across the Union ensures level brings down costs for the free movement of goods across the manufacturers and ensures a Single Market. level playing field. Harmonisation across the Union ensures the free movement of goods across the Single internal market.

• (5) 

  Moderating energy demand (6) Moderating energy demand is (6) Moderating energy demand is recognised as a key action in the recognised as a key action in the is recognised as a key action in

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

The Energy Union Framework Energy Union Framework Strategy Strategy. The Energy Union

Strategy 6 further emphasised the further emphasised the energy efficiency Framework Strategy further

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

framework for energy labelling.

5 COM/2014/330

6 COM(2015) 80 final i

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Amendment 6 Recital 7

• (7) 

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

  provides an incentivise for research, energy efficiency, and allows innovation and investments into industries which develop and energy efficiency, and allows produce the most energy industries which develop and efficient products to gain a produce the most energy efficient competitive advantage. It will products to gain a competitive also contribute to the advantage. It will also contribute to achievement of the Union's 2020 the achievement of the Union's 2020 and 2030 energy efficiency and 2030 energy efficiency targets, targets, as well as to the as well as to the Union's Union's environmental and environmental and climate goals. climate goals. It also aims to have a positive impact on the environmental performance of the energy-related product and its parts, including its use of resources other than energy.

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(7a) This Regulation should contribute to the development, recognition by customers and market uptake of energy smart products, which can be activated to interact with other appliances and systems, including the energy grid itself, in order to improve energy efficiency or the uptake of renewable energies, reduce energy consumption and foster innovation of the European industry.

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Amendment 7 Recital 8

• (8) 

  The conclusions of the (8) The conclusions of the European Deletion of the recital is agreed.

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

October 2014 set an indicative target 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 (9) The provision of accurate, relevant and comparable information relevant, verifiable and comparable and comparable information on the relevant and comparable on the specific energy consumption information on the specific energy specific energy consumption of energyinformation on the specific of energy-related products facilitates consumption of energy-related related products facilitates the customer's energy consumption of energythe customer's choice in favour of products facilitates the customer's choice in favour of those products which related products facilitates the those products which consume less choice in favour of those products consume less energy and other essential customer's choice in favour of energy and other essential resources which consume less energy and other resources during use. A standardised those products which consume during use. A standardised essential resources during use in mandatory label is an effective mean to less energy and other essential mandatory label is an effective mean order to achieve a certain provide potential customers with resources during use. A to provide potential customers with performance, therefore having comparable information on the energy standardised mandatory label is comparable information on the reduced life-cycle costs. A consumption of energy-related products. an effective mean to provide energy consumption of energystandardised mandatory label is an It should be supplemented with a product potential customers with related products. It should be effective mean to provide potential information sheet. The label should be comparable information on the supplemented with a product customers with comparable easily recognisable, simple and concise. energy [ ] efficiency of energyinformation sheet. The label should information on the energy efficiency To this end the existing dark green to red related products. In order for be easily recognisable, simple and and absolute energy consumption of colour scale of the label should be the label to be of real use for concise. To this end the existing dark energy-related products. It should be retained as the basis to inform customers customers looking for energy green to red colour scale of the label supplemented with a product about the energy efficiency of products. and cost savings, the steps of should be retained as the basis to information sheet, referred to as the label scale should inform customers about the energy 'product fiche' in the delegated acts correspond to energy and cost efficiency of products. adopted pursuant to Directive savings that are significant to

  2010/30/EU, which may be made consumers. For the majority of available electronically. The label product groups, the label, should be concise, based on proper where appropriate, should also measurement and calculation indicate the absolute energy methodology, and easily consumption in addition to the recognisable and understandable. label scale, in order to allow To this end the established set of consumers to foresee the direct colours of the label, dark green to impact of their choices on their red, should be retained as the basis to energy bills. However, it is inform customers about the energy impossible to provide this efficiency of products. information for energy-related products that do not consume

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energy themselves. The label should be supplemented with a product information sheet. The label should be easily recognisable, simple and concise. To this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products.

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

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

red colour scale of the label should view of rescaling [ ] once 30 percent of under Directive 2009/125/EC i be retained for the remaining upper the products [ ] sold falls into the top [ products can no longer fall into classes and should only apply to new ] class and further tecnological classes 'E' 'F' or 'G', those product units placed on the market. development can be expected soon. classes should not nonetheless be shown on the label in grey. For exceptional cases this should also be extended to the 'D' and 'E' classes, although this situation is unlikely to occur given that the label would be reviewed in view of rescaling [ ] once 30 percent of the products [ ] sold falls into the top [ ] class and further tecnological development can be expected soon. However, in some In exceptional and duly justified cases, such as reaching insufficient savings across the

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full spectrum of the seven classes, the label may contain fewer classes than a regular A- G scale. In these cases the dark green to red colour scale of the label should be retained for the remaining upper classes and should only apply to new products placed on the market.

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(9b) When suppliers supply a label (9b) When suppliers place a with a product they place on the product on the market, eac market, it should accompany in a unit of te product supply a

paper form each unit of the product label with a product each unit complying with the requirements of the of the product they place on the

relevant implementing act. If the

implementing act allows it, the label market, it should be may instead be printed on the accompanied by a label in a packaging of the product. The relevant paper form complying with the implementing acts should set out the requirements of the relevant most effective way of displaying the implementing delegated act. If labels, taking into account implications the implementing delegated act for consumers, suppliers and dealers. allows it, the label may instead The dealer should be able to display be printed on the packaging of

the supplied label together with the the product. The relevant unit in the position required by the implementing delegated acts

relevant implementing act. 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 delegated act. The displayed label should be displayed so as to attract the attention of the customer and be clearly visible and identifiable by the consumer as the label belonging to the product in question, without having to read the brand name and model number on the label. It should attract the

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attention of the consumer browsing through the displayed products.

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Amendment 9 Recital 10

• (10) 

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

  The delegated acts for specific information available in the product alternative option for the dealer product groups could also establish database. to download [ ] the label or alternative provisions for displaying product information sheet [ ] the label for small- sized products, from the product database and when identical products are should also be allowed. displayed together in large quantity.

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(10a) In cases where it is not feasible to (10a) In cases Where it is not display the energy label, such as certain feasible to display the energy forms of distance selling and in label, such as certain forms of advertisements and technical promotional distance selling and in visual material, potential customers should be advertisements and technical provided at least with the energy class of promotional material, potential the product, the range of the efficiency customers should be provided at classes available on the label and, least with the energy class of the where appropriate, energy product, and the range of the consumption. In the case of radio efficiency classes available on advertising it would be appropriate for the label and, where implementing acts to provide for less appropriate, energy comprehensive details to be included. consumption. [ ]

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Amendment 10 Recital 11

• (11) 

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

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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 The order of recitals on should be determined by the rescaling will be rearranged to percentage of products sold that fall in reflect that first initial rescaling the top class and should [ ] take into will occur, followed by account the need to avoid over burdening subsequent rescalings. [ ] suppliers and dealers, as well as the (11a) Following initial speed of technological progress. A newly rescaling, the frequency of such rescaled label should have one empty top further rescaling should be class to encourage technological progress, determined by the percentage provide for regulatory stability and of products sold that fall in the limit the frequency of rescaling. In top classes. [ ] It should take exceptional cases, where technology is into account the need to avoid expected to develop more rapidly, over burdening [ ] suppliers requirements should be laid down so and dealers, as well as. It that no products are expected to fall in should take into account the the top two classes at the moment of speed of technological progress the introduction of the label. and the need to avoid over burdening [ ] suppliers and dealers, and in particular small businesses. Therefore, for the frequency of such rescaling a timescale of approximately ten years would be desirable. A newly rescaled label should have one empty top class to encourage technological progress, provide for regulatory stability, limit the frequency of rescaling, and to enable ever more efficient products to be developed and recognised. In exceptional cases, where technology is

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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 (11aa) For several labels labels established by delegated acts established by delegated acts adopted pursuant to Directive adopted pursuant to Directive 2010/30/EU gives rise to the need 2010/30/EU, products are for an initial rescaling of existing available only or mostly in the labels, in order to ensure a top classes, thereby reducing homogeneous A-G scale, adapting the effectiveness of the label. them to the requirements of this Existing labels, depending on Regulation. the product group [ ] have

varying scales, where the top class can be anything between A to A+++. As a result, when consumers compare labels across different product groups, they can be [ ] induced to believe that for a given label, energy classes better than the top class are available, only not displayed. To avoid such possible confusion, it is appropriate to carry out as a first step an initial rescaling of existing labels, in order to ensure a homogeneous A-G scale, according to three categories of products pursuant to the requirements of this Regulation.

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Agreed text (11 ab) Energy labelling of space and water heating products was only introduced recently and the rate of technological progress in those product groups is relatively slow. The current labelling scheme makes a clear distinction between conventional fossil fuel technologies that are at best A class, and the technologies that use renewable energy, for which the A+, A++ and A+++ classes are reserved, but which are often significantly more expensive. Substantial energy savings can already be achieved by applying the most efficient fossil fuel technologies, which it would be make it appropriate to continue promoting as being A class. As the market will shift at a slow pace to renewable technologies, It is impossible to predict when the market will shift sufficiently to renewable technologies, therefore it is [ ] appropriate to rescale the heating labels at a later stage. [ ]

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

• (12) 

  In the case of a rescaled (12) When a label is rescaled, confusion (12) When a label for a product label, suppliers should provide both to customers should be avoided by group is rescaled, customers' the old and the rescaled labels to replacing all energy labels within a confusion should be avoided by dealers during a certain period. The short timeframe. (moved from recital replacing [ ] labels displayed in replacement of the existing labels 11) In the case of a rescaled label, shops on the affected products on products on display, including suppliers should provide both the old and within a short timeframe, and by on the Internet, with the rescaled the rescaled labels to dealers during a organising together with labels should take place as quickly certain period. The replacement of the adequate consumer as possible after the date of existing labels on products on display, information campaigns clearly replacement specified in the including on the Internet, with the indicating that a new version delegated act on the rescaled label. rescaled labels should take place as has been introduced. 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 (13) It is necessary to provide for a clear (13) It is necessary to provide for for a clear and proportionate and proportionate distribution of a clear and proportionate distribution of obligations obligations corresponding to the role of distribution of obligations corresponding to the role of each each operator in the supply and corresponding to the role of each operator in the supply and distribution process. Economic operators operator in the supply and distribution process. Economic should be responsible for compliance in distribution process. Economic operators should be responsible for relation to their respective roles in the operators should be responsible compliance in relation to their supply chain and should take appropriate for compliance in relation to respective roles in the supply chain measures to ensure that they only make their respective roles in the and should take appropriate available on the market products which supply chain and should take measures to ensure that they only are in conformity with this Regulation appropriate measures to ensure make available on the market and its [ ] implementing acts. that they only make available on products which are in conformity the market products which are in

with this Regulation and its conformity with this Regulation

delegated acts. and its [ ] implementing delegated acts.

Amendment 12 Recital 14

• (14) 

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

  consumption of energy or any other schemes for the labelling of products. other energy related characteristics covered by the Additional labels, marks, symbols or requirements at Union level, relevant delegated act, should not be inscriptions that are likely to mislead or Member States should be able allowed either. confuse customers with respect to the to maintain or introduce new consumption of energy should not be national schemes for the allowed [ ]. Labels provided for in EU labelling of products. legislation such as the labelling of tyres Additional labels, marks,

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with respect to fuel efficiency and other symbols or inscriptions that are environmental parameters, and likely to mislead or confuse additional labels such as the EU customers with respect to the Energy Star and EU Ecolabel should consumption of energy should not be considered as misleading or not be allowed [ ]. Labels confusing. 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. Increasingly, customers are offered software or firmware updates of their products after these have been placed on the market and put into use. While such updates are typically intended to improve product performance, they may also impact the energy efficiency and other product parameters indicated on the energy label. If those changes are to the detriment of what is indicated on the label, customers should be informed about those changes and be given the option to accept or refuse the update.

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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 Council recital remains. certainty, it is necessary to clarify certainty, it is necessary to clarify necessary to clarify that rules on Union (15) In order to ensure legal that rules on Union market that rules on Union market market surveillance and control of certainty, it is necessary to surveillance and control of products surveillance and control of products products entering the Union market clarify that rules on Union entering the Union market provided entering the Union market provided provided for in Regulation (EC) No market surveillance and control for in Regulation (EC) No 765/2008 i for in Regulation (EC) No 765/2008 i 765/2008 of the European Parliament and of products entering the Union of the European Parliament and of of the European Parliament and of of the Council apply to energy-related market provided for in the Council 7 apply to energy-related the Council apply to energy-related products. Given the principle of free Regulation (EC) No 765/2008 i of products. Given the principle of free products. Given the principle of free movement of goods, it is imperative that the European Parliament and of movement of goods, it is imperative movement of goods, it is imperative the market surveillance authorities of the the Council apply to energythat the market surveillance that the market surveillance Member States cooperate with each other related products. Given the authorities of the Member States authorities of the Member States effectively. Such cooperation on energy principle of free movement of cooperate with each other effectively. cooperate with each other effectively, labelling should be reinforced through goods, it is imperative that the Such cooperation on energy labelling through ongoing exchanges of support by the Commission to the Group market surveillance authorities should be reinforced through support information, particularly regarding of Experts on Ecodesign and Energy of the Member States cooperate by the Commission. the outcome of product conformity Labelling Administrative Co-operation with each other effectively. Such

  assessments and their consequences. Working Group (ADCO). cooperation on energy labelling Furthermore, custom authorities of should be reinforced through the Member States should be support by the Commission to involved in the exchange of the Group of Experts on information on energy-related Ecodesign and Energy imported products from third Labelling Administrative Cocountries into the Union. The Group operation Working Group of Experts on Ecodesign and Energy (ADCO). 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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(15aa) The Commission proposal for a new regulation on market surveillance of products integrates the provisions of Regulation 765/2008, Directive

2001/95/EC 8 and several

sector-specific acts of Union harmonisation legislation 9 . That proposal includes provisions on safeguard clauses contained in Decision No 768/2008/EC 10 that would apply to all Union harmonisation legislation. As long as the new regulation is still under consideration by the co-legislators, it is appropriate to refer to Regulation 765/2008 i and to include safeguard clauses in this Regulation.

8 OJ L 11, 15.1.2002, p. 4.

9 COM(2013) 75 i

10 OJ L 218, 13.8.2008, p. 82

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

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Amendment 14 Recital 15a (new) (15 a) In order to ensure more (15c) Coherent and costeffective surveillance and, thereof, effective market surveillance fair competition in the Union activity throughout the Union market, and to use scarce resources also requires well-structured, in the most efficient way, national comprehensive archiving and market surveillance authorities sharing of all pertinent should perform compliance information among Member monitoring also through physical States on national activities in product testing, and the Information this context, including a and Communication System on reference to notifications Market Surveillance (ICSMS) to required by this Regulation. exchange information about The Information and planned and completed product Communication System for testing, to make available testing Market Surveillance’ (ICSMS) protocols and to share the outcome database established by the of their tests, thus avoiding double Commission is well suited for testing and paving the way for the purpose of forming a regional centres of excellence for complete database of market physical testing. Results should be surveillance information, and shared also when a test does not its use should therefore be show that there has been a breach. strongly encouraged.

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(15b) The Commission should, by (15b) In order to to establish means of implementing acts, in order the operational details of the to ensure uniform conditions for the database, and to ensure implementation of the Union safeguard uniform conditions for the procedure, determine whether implementation of the Union measures taken by Member States in safeguard procedure, respect of non-compliant energy established by this Regulation, related products are justified or not. The Commission should, by means of implementing acts, implementing powers should be conferred on the Commission to determine whether measures taken by Member States in respect of non-compliant energy related products are justified or not and Those powers should be exercised in accordance with Regulation (EU) No 182/2011 i of the European Parliament and of the Council. Redundant compared to recital 21a

Amendment 15 Recital 16

• (16) 

  In order to facilitate the (16) Without prejudice to the (16) Without prejudice to the Agreed text monitoring of compliance and to Member States' market surveillance obligation to [ ] check product (16) In order to set up a useful provide up-to-date market data for obligations, in order to set up a conformity, in order to facilitate the tool for consumers, to allow for the regulatory process on revisions of useful tool for consumers, to monitoring of compliance and to provide alternative ways for dealers to product-specific labels and facilitate the monitoring of up-to-date market data for the regulatory receive labels product information sheets, suppliers should compliance and to provide up-to-date process on revisions of product-specific information sheets, to facilitate provide their product compliance market data for the regulatory labels and information sheets, suppliers the monitoring of compliance information electronically in a process on revisions of productshould provide their labels, product and to provide up-to-date market database established by the specific labels and information information sheets and technical data for the regulatory process Commission. The information should sheets, suppliers should provide the documentation [ ] electronically in a on revisions of product-specific

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be made publicly available to provide required product compliance database established by the Commission. labels and information sheets, information for customers and to information electronically in a The information on energy labels and the Commission should set up allow for alternative ways for dealers database established and maintained product information sheets should be and maintain a product to receive labels. Market surveillance by the Commission. The part of the made publicly available to provide database consisting of a public authorities should have access to the information addressed to consumers information for customers and to allow and a compliance part, information in the database. should be made publicly available on for alternative ways for dealers to receive accessible via an online portal.

the public interface of the product labels. The technical documentation database. That information should should not be made publicly available When any changes with be made available as open data so as but only to market surveillance relevance for the label and the to give 'app' developers and other authorities and the Commission [ ]. product information sheet are comparison tools the opportunity to Where some technical information is so made to a product already on the use it. Easy direct access to the sensitive that it is inappropriate to market, the product should be public interface of the product include it in the category of technical considered as a new model and database should be facilitated by a documentation as detailed in the the supplier should be obliged dynamic quick response code (QR) relevant implementing acts, market to register it in the product or other user-oriented tools included surveillance authorities should retain database. on the printed label. Additional the power to access this information (moved to recital 16a) information should be made when necessary in accordance with the available by suppliers on the duty of cooperation on suppliers. When Without prejudice to the compliance interface of the product any changes with relevance for the Member States' market database both to market surveillance label and the product information surveillance obligations and to authorities and to the Commission. sheet are made to a product already on supplier' obligations to check The database should be subject to the market, the product is considered product conformity, suppliers strict data protection rules. Where as a new model and the supplier has an should provide [ ] the required the technical information is obligation to register it in the product product compliance sensitive, market surveillance database. information electronically in authorities should retain the power the database.The part of the to access the information when information [ ] relevant for necessary in accordance with the consumers and dealers should suppliers’ duty of cooperation. be made publicly available in the public part of the product database. [ ]. That information should be made available as open data so as to give 'app' developers and other

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comparison tools the opportunity to use it. Easy direct access to the public part of the product database should be facilitated by user-oriented tools, such as a dynamic quick response code (QR), included on the printed label.

The compliance part of the database should be subject to strict data protection rules. The required specific parts of the technical documentation in the compliance part should be made available both to market surveillance authorities and to the Commission. [ ] Where some technical information is so sensitive that it is inappropriate to include it in the category of technical documentation as detailed in the relevant implementing delegated acts, market surveillance authorities should retain the power to access this information when necessary in accordance with the duty of cooperation on suppliers or by way of additional parts of the technical documentation uploaded to the database by suppliers on a voluntary basis.

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Amendment 16 Recital 16a (new) (16a) The Commission should set Not acceptable up and maintain an online portal that provides market surveillance authorities access to detailed product information on the servers of suppliers.

Agreed text (16a) In order for the product database to be of use as soon as possible, all models, the units of which are placed on the market after the date of application of this Regulation should be registered in the database. For models, units of which were placed on the market only before the date of application of this Regulation but are no longer marketed, such registration should only be optional. At the same time, an appropriate transitional period should be given for the development of the database and for suppliers to comply with their registration obligation. When any changes

with relevance for the label and the product information sheet are made to a product already on the market, the product should be considered as a new model and

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the supplier should be obliged to register it in the product database. The Commission, in cooperation with market surveillance authorities and suppliers, should pay special attention to the transitional process until the full implementation of the public and compliance parts of the database.

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• (17) 

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

  effective, proportionate and dissuasive.

• (18) 

  In order to promote energy (18) In order to promote energy (18) In order to promote energy efficiency, climate mitigation and efficiency, climate mitigation and efficiency, climate mitigation environmental protection, Member environmental protection, Member States and environmental protection, States should be able to create should be able to create incentives for the Member States should be able to incentives for the use of energy use of energy efficient products. Member create incentives for the use of efficient products. Member States States are free to decide on the nature of energy efficient products. are free to decide on the nature of such incentives. Such incentives should Member States are free to decide such incentives. Such incentives comply with Union State aid rules and on the nature of such incentives. should comply with Union State aid should not constitute unjustifiable market Such incentives should comply rules and should not constitute barriers. This Regulation does not with Union State aid rules and unjustifiable market barriers. This prejudice the outcome of any future State should not constitute Regulation does not prejudice the aid procedure that may be undertaken in unjustifiable market barriers. outcome of any future State aid accordance with Articles 107 and 108 of This Regulation does not procedure that may be undertaken the Treaty on the Functioning of the prejudice the outcome of any in accordance with Articles 107 and European Union in respect of such future State aid procedure that 108 of the Treaty on the incentives. may be undertaken in

Functioning of the European Union accordance with Articles 107 and 108 of the Treaty on the

in respect of such incentives. Functioning of the European

Union in respect of such incentives.

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Amendment 17 Recital 19

• (19) 

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

  of efficiency gains that might within the constraints due to possibly alter the energy efficiency the need of reliable and class of a product. Permitted reproducible laboratory

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deviations between tested and testing. Therefore, suppliers declared results should be limited to should not be allowed to the statistical measurement include software or hardware uncertainty. In the absence of that automatically alters the published standards at the time of performance of the product in application of product-specific test conditions. requirements the Commission should publish in the Official Journal of the In the absence of published European Union transitional standards at the time of measurement and calculation application of product-specific methods in relation to those productrequirements the Commission specific requirements. Once a should publish in the Official reference to such a standard has been Journal of the European Union published in the Official Journal of transitional measurement and the European Union compliance with calculation methods in relation it should provide a presumption of to those product-specific conformity with measurement requirements. Once a reference methods for those product-specific to such a standard has been requirements adopted on the basis of published in the Official Journal this Regulation. of the European Union compliance with it should provide a presumption of conformity with measurement methods for those productspecific requirements adopted on the basis of this Regulation. Amendment 18 Recital 20

• (20) 

  The Commission should (20) Based on the scope of this (20) The Commission should provide a (20) The Commission should provide a working plan for the regulation, the Commission should working plan for the revision of labels of provide a long-term working revision of labels of particular provide a long-term working plan for particular products including an plan for the revision of labels of products including an indicative list the revision of labels of particular indicative list of further energy-related particular products including an of further energy-related products for products including an indicative list products for which an energy label could indicative list of further energywhich an energy label could be of further energy-related products for be established. The working plan should related products for which an established. The working plan should which an energy label could be be implemented starting with a technical, energy label could be

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be implemented starting with a established and should update this environmental and economic analysis of established. The working plan technical, environmental and working plan periodically. The the product groups concerned. This should be implemented starting economic analysis of the product Commission should inform the analysis should also look at with a technical, environmental groups concerned. This analysis European Parliament and the supplementary information including the and economic analysis of the should also look at supplementary Council annually about the possibility and cost to provide consumers product groups concerned. This information including the possibility progress of the working plan. with information on the performance of analysis should also look at and cost to provide consumers with an energy-related product, such as its [ ] supplementary information information on the performance of an energy consumption, durability or including the possibility and cost energy-related product, such as its environmental performance, in coherence to provide consumers with absolute energy consumption, with the objective to promote a circular information on the performance durability or environmental economy. Such supplementary of an energy-related product, performance, in coherence with the information should improve the such as its [ ] energy objective to promote a circular intelligibility and effectiveness of the consumption, durability or economy. Such supplementary label towards consumers and should not environmental performance, in information should improve the lead to any negative impact on coherence with the objective to intelligibility and effectiveness of the consumers. promote a circular economy. label towards consumers and should Such supplementary information not lead to any negative impact on should improve the intelligibility consumers. and effectiveness of the label

towards consumers and should not lead to any negative impact on consumers.

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(20a) In spite of the repeal of Directive (20a) In spite of the repeal of 2010/30/EU, suppliers of products Directive 2010/30 i/EU, suppliers marketed in accordance with that of products marketed in Directive before the date of application accordance with that Directive of this Regulation should continue to be before the date of application of subject to the obligation to make this Regulation should continue available an electronic version of the to be subject to the obligation to technical documentation of the make available an electronic products concerned upon request of version of the technical the market surveillance authorities. documentation of the products Appropriate transitional provisions concerned upon request of the should ensure legal certainty and market surveillance authorities. continuity in this respect. 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 EP text falls 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 Agreed text specific labels and information sheets product groups of energy related (21) In order to establish and operational details relating to the products in accordance with a set of specific product groups of product database, the power to adopt specific criteria, the power to adopt acts energy related products in acts in accordance with Article 290 in accordance with Article 290 on the accordance with a set of specific on the Treaty on the Functioning of Treaty on the Functioning of the criteria and in order to the European Union should be European Union should be delegated to establish product-specific delegated to the Commission. It is of the Commission. It is of particular labels and information sheets, particular importance that the importance that the Commission carry out the power to adopt acts in Commission carry out appropriate appropriate consultations during its accordance with Article 290 on consultations during its preparatory preparatory work, including at expert the Treaty on the Functioning of work, including at expert level and level and with the Consultation Forum. the European Union should be with the Consultation Forum. The Commission, when preparing and delegated to the Commission. It

  drawing up delegated acts, should is of particular importance that ensure a simultaneous, timely and the Commission carry out appropriate transmission of relevant appropriate consultations during documents to the European Parliament its preparatory work, including and to the Council. at expert level, and that those consutations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law Making of 13 April 2016. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. with the Consultation Forum. The European Parliament’s

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participation in the work of the Consultation Forum, an expert group, should take place in accordance with the Framework Agreement on relations between the European Parliament and the European Commission. 11 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.

11 footnote OJ L 304, 20.11.2010, p. 47.

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(21a) In order to ensure uniform conditions (21a) In order to ensure uniform for the implementation of this Regulation, conditions for the implementation of implementing powers on establishing detailed this Regulation, implementing powers requirements relating to labels for the specific for determining under the Union products groups and operational details safeguard procedure whether a relating to the product database should be national measure is justified or not conferred on the Commission. Those powers and for establishing detailed should be exercised in accordance with requirements concerning the Regulation (EU) No 182/2011 i of the European operational details relating to the Parliament and of the Council. 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 Agreed text framework on the indication by framework that applies to energyenergy related products [ ] placed on 1. This Regulation lays down a labelling and standard product related products and provides them the Union market or put into service on framework that applies to information of the consumption of with a label regarding energy the Union market. These products shall energy-related products energy and other resources by efficiency, absolute consumption of comply with this Regulation and the (hereinafter "products") and energy-related products during use energy and other environmental and relevant implementing acts. provides them with a label and and supplementary information performance characteristics. It standard product information concerning energy-related products allows customers to choose more regarding energy efficiency, in order to allow customers to choose energy-efficient products in order to consumption of energy and of more efficient products. reduce their energy consumption. other resources by [ ] products

  during use and supplementary information concerning [ ] products, thereby allowing customers to choose more efficient products in order to reduce energy consumption.

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• 2. 

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

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

(a) Second hand products, with the exception of imported second hand products;

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

• 3. 

  This Regulation lays down a Agreed text framework on the indication by labelling 3. This Regulation shall apply to and standard product information of the [ ] products placed on the Union energy efficiency, consumption of energy market or put into service on the and of other resources by energy-related Union market. These products products during use and supplementary shall comply with this information concerning energy-related Regulation and the relevant products in order to allow customers to implementing delegated acts. 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 Agreed text legal person who buys or hires a person who buys or hires or receives a (1) 'Customer' means any natural product covered by this Regulation product covered by this Regulation for or legal person who buys or hires for his own use whether or not acting their own use whether or not acting for or receives a product covered by for purposes which are outside his purposes which are outside his trade, this Regulation for their own use trade, business, craft or profession business, craft or profession; whether or not acting for

purposes which are outside his trade, 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 Agreed text manufacturer in the Union, the the Union, the authorised representative (5) 'Supplier' means the authorised representative of a of a manufacturer who is not established manufacturer in the Union, the manufacturer who is not established in the Union, or the importer, who places authorised representative of a in the Union, or the importer, who products covered by this Regulation on manufacturer who is not places products covered by this the Union market [ ]; established in the Union, or the Regulation on the market within the importer, who places products Union covered by this Regulation on

  the Union market [ ]; Amendment 21

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

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

  a commercial activity, whether in purchase or displays products to return for payment or free of charge; 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 (10a) 'Energy efficiency' means the EP and Council text identical, the ratio of output of performance, ratio of output of performance, service, accepted 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’ Agreed text any good or system or service with hereinafter 'product', means any (hereinafter 'product') means any good (11) 'Energy-related product an impact on energy consumption good or system [ ] with an impact on or system [ ] with an impact on energy or 'product' means any good or during use, which is placed on the energy consumption during use, consumption during use, which is placed system with an impact on energy market and put into service in the which is placed on the market and on the market [ ] or put into service in consumption during use, which Union, including parts to be put into service in the Union, the Union [ ]; is placed on the market or put incorporated into energy-related including parts intended to be into service in the Union, products which are placed on the incorporated into energy-related including parts with an impact market and put into service products which are placed on the on energy consumption during

market and put into service as use which are placed on the individual parts for customers and market or put into service for of which the energy and customers and that are intended environmental performance can be to be incorporated into energyassessed independently; related products.

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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 12 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, Agreed text diagram including a classification diagram, in printed or electronic either in printed or electronic form, (13) 'Label' means a graphic diagram, using letters from A to G in seven form, including a closed scale using including a classification using letters either in printed or electronic form, different colours from dark green to only letters from A to G, each class from A to G in seven different colours including a closed scale using only red in order to show consumption of corresponding to significant energy from dark green to red in order to show letters from A to G, each class energy savings, in seven different colours energy efficiency and consumption of corresponding to energy savings, in

from dark green to red, in order to energy. It includes rescaled labels and seven different colours from dark inform customers about energy labels with fewer classes and colours in green to red, in order to inform efficiency and energy consumption; accordance with Article 7(1b) and (4); customers about energy efficiency and energy consumption. It includes rescaled labels and labels with fewer classes and colours in accordance with [Article 7(1b) and (4)] 13 ;

12 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).

13 References to be updated subject to the outcome of the negotiations on Article 7.

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Amendment 26 Article 2 - paragraph 1 - point 13a (new) (13 a) 'Product group' means a Agreed text group of energy-related products (13 a) 'Product group' means a group which have the same main of [ ] products which have the same functionality; 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 Agreed text model placed on the market by the which has the same technical (16) 'Equivalent model' means a model same supplier and with the same characteristics relevant for the label which has the same technical label and product information as and the product information sheet, but is characteristics relevant for the label another model, but with a different placed on the market by the same supplier and the same product information model identifier [ ] as another model [ ] with a different sheet, but is placed on the market by

model identifier; the same supplier [ ] 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 EP and Council text identical 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 (18) 'Rescale' means an [ ] exercise to Agreed text

exercise to make more stringent the exercise to make more stringent the make more stringent the requirements for (18) 'Rescale' means an exercise to

requirements for achieving the requirements for achieving the achieving the energy class on a label for a make more stringent the requirements

energy class on a label for a energy class on a label for a particular product; for achieving the energy class on a

particular product, which, for particular product group; label for a 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 (19) [ ] Agreed text for a particular product that has label for a particular product group (19) 'Rescaled label' means a label undergone a rescaling exercise. that has undergone a rescaling for a particular product group that has

exercise, which is clearly undergone a rescaling exercise, and is distinguishable from the labels distinguishable from labels before before rescaling; rescaling while preserving a visual and perceptive coherence of all labels. (19a) 'Smart appliance' means an See Article 12(3) (ca) for the agreed appliance that, using advanced text 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 Agreed text means information on the functional means any information specified by information on the functional and (20) 'Supplementary information' and environmental performance of an the relevant delegated act on the environmental performance of a [ ] means information specified by the energy-related product, such as its functional, environmental and product, such as its [ ] energy relevant implementing delegated act absolute energy consumption or resource-efficiency performance of consumption; on the functional and environmental durability, which is based on data an energy-related product, which is performance of a [ ] product. 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 Agreed text collection of data concerning the (20 a) 'Product database' means a energy-related products covered by collection of data concerning the [ ] this Regulation and the delegated products covered by this Regulation acts adopted pursuant thereto, and the implementing delegated acts arranged in a systematic manner adopted pursuant thereto, arranged in a and consisting of a public interface, systematic manner and consisting of a organised as a consumer-oriented consumer oriented public part, [ ] website, where information is where information concerning individually accessible by electronic individual product parameters is means, and a compliance interface, accessible by electronic means, an structured as a electronic platform online portal for accessibility and a supporting the activities of national compliance part, [ ] with clearly market surveillance authorities, with specified accessibility and security clearly specified accessibility and requirements. security requirements.

• (21) 

  'Technical documentation' means Agreed text documentation sufficient to enable to (21) 'Technical documentation' means assess the accuracy of a label and documentation sufficient to enable product information sheet of a product, market surveillance authorities to including a test report or similar assess the accuracy of a label and technical evidence; product information sheet of a product, including test reports or similar technical evidence; (22) 'System' means a combination of Agreed text several goods which when put together (22) 'System' means a combination of perform a specific function in an several goods which when put together expected environment and of which the perform a specific function in an energy efficiency can then be expected environment and of which determined as a single entity; the energy efficiency can then be determined as a single entity; (23) 'Verification tolerance' means the Agreed text

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maximum admissible deviation of the (23) 'Verification tolerance' means the measurement and calculation results of maximum admissible deviation of the the verification tests performed by, or measurement and calculation results of on behalf of, market surveillance the verification tests performed by, or authorities, compared to the values of on behalf of, market surveillance the declared or published parameters, authorities, compared to the values of reflecting interlaboratory variation the declared or published parameters, deviation; reflecting interlaboratory variation deviation; (24) 'Product group' means a group of AM 26 accepted so Council text falls similar products with related functions.

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

dealers'

Amendment 32 Article 3 - paragraph 1 1. Suppliers shall comply with 1. Suppliers shall: 1. Suppliers shall [ ]: the following:

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

under Article 12 of this Regulation [ ]. Regulation and the relevant As an alternative to supplying the implementing delegated acts adopted product information sheet with the under Article 12 of this Regulation; product, implementing acts may [ ] (aa) As an alternative to supplying the provide that entering the parameters of product information sheet with the such product information sheets into product, implementing delegated acts the product database established under provided for in Article 12(3)(g) may Article 8 (hereinafter: 'the product provide that entering the parameters of database') is sufficient. such product information sheets into the product database is sufficient. In such case, they shall provide the product information sheet in printed form to the dealer on request.

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

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

request from dealers; promptly and free of charge on request with Article 7(7), and product from dealers. information sheets free of charge, promptly and at the latest within five working days upon request from dealers;

(ba) provide both the current and See Article 7(5) a): six months See agreed text in Article 7(5) a): four the rescaled labels and product months 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 Acceptable 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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Agreed text (ca) once a unit of a model is in service, request explicit consent from the customer on any changes intended to be introduced to the unit in service by means of updates that would be to the detriment of the parameters of the energy efficiency label for the unit, as defined by the relevant implementing delegated act. The customer shall be informed of the objective of the update and of the changes in the parameters, including any change in the label class. For a period proportionate to the average lifespan of the product, the customer shall be given the option to refuse the update without avoidable loss of functionality [ ].

(d) not place on the market products Corresponds to AM 33. Agreed text: designed so that a model's (d) not place on the market products performance is automatically altered designed so that a model's in test conditions with the objective of performance is automatically altered reaching a more favourable level for in test conditions with the objective any of the parameters specified in the of reaching a more favourable level implementing act or included in any for any of the parameters specified in of the documentation provided with the implementing delegated act or the product. included in any of the documentation provided with the product.

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

(d) they shall, prior to placing a (d) enter the information set out ( a) shall [ ] prior to placing a unit of a [ ] Agreed text product model on the market, enter in Annex I into the public and model covered by an implementing act (a) shall, as from 1 July January

into the product database established compliance interfaces of the product under this Regulation on the market, 2019 [the date by which the in accordance with Article 8 the database established pursuant to enter for that model into the product Commission has to set up the

information detailed in Annex I. Article 8; database [ ] the information detailed in database] , prior to placing a unit of a

Annex I. A product for which any

changes with relevance for the label new model covered by an and the product information sheet are implementing delegated act under this

(i) for all new models, before placing made shall be considered as a new Regulation on the market, enter for a unit of the model on the market, product model. They shall indicate in that model into the public and the database when units of a model are compliance parts of the product

no longer being placed on the market. database the information detailed in Annex I.

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(b) shall, for models, units of which are Agreed text placed on the market between 1 (b) shall, [ ] for models covered by a January 2017 and 31 December 2018, implementing delegated act under enter into the product database the this Regulation, units of which are information set out in Annex I, no later placed on the market between 1 July than 1 July 2019. Until the time of data 2017 and 1 July 2019 the date of entry into the product database, they entry into force of this Regulation shall make an electronic version of the and 1 January 2019, enter into the technical documentation available for product database the information set inspection within 10 days of a request out in Annex I, no later than 30 June received from market surveillance 2019. authorities or the Commission. Until the time of data entry into the product database, suppliers 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 Agreed text: market after 1 January 2014 that placed on the market before 1 January (c) may for models, units of which are still being supplied, no later 2017, enter into the product database were exclusively placed on the market than 18 months after the database is the information set out in Annex I. before the date of application of this fully operational in accordance with Regulation, enter into the product Article 16; database the information set out 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 [ ] model. They shall indicate in the database when units of a model are no longer being placed on the market. The obligations in paragraphs (a) and (b) shall not apply to packages of heaters referred to in Commission

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delegated Regulations (EU) 811/2013 i, 812/2013 i and 1187/2015, and any subsequent revisions of these regulations, where the provision of labels for these packages is the sole responsibility of dealers.

(da) keep on the database Agreed text: pursuant to Article 8 the product (da) after the last unit of a model was information sheets and the technical placed on the market, keep the documentation for a period of at information in the compliance part of least 10 years after the last product the database for a period of 15 years. unit has been placed on the market; Where appropriate in relation to the

average life span of a product, the relevant delegated act provided for in Article 12(3)(r) may specify a shorter data conservation period. The information in the public part of the database shall not be deleted;

(db) provide labels for product Not acceptable, such requirements, groups where the product consists of where relevant for the product group, several subassemblies or exist in delegated acts in force. 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 EP text falls 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, EP text falls introduce changes by means of software updates that would be to the detriment of the parameters of the original energy efficiency label, as defined by the relevant delegated act.

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

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

for a product covered by an [ ] subparagraph 2(b) for units of a [ ] implementing act; model covered by an [ ] implementing delegated act; Concept of 'prominent' is clarified in recital 9b, see also Article 12(3) (aa) make available to customers the Agreed text product information sheet; (aa) make available to customers the product information sheet, including in physical form at the point of sale upon request;

(aa) replace existing labels with See Article 7(5) b): 10 days See agreed text in Article 7(5) b): 14 rescaled labels, both in shops and working days 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 (b) [ ] where, despite the provisions of Agreed text: a label or a rescaled label label or a rescaled label, request it paragraph 1(a) they do not have a label [ (b) where, despite the provisions of

from the supplier; ] or product information sheet, they paragraph 1(a) they do not have a label shall [ ]: [ ], they shall request it from the

supplier in accordance with Article 3(1)(b); (ba) where, despite the provisions of paragraph 1(a) they do not have a product information sheet, they shall:

(i) request the label or a rescaled deleted (i) request [ ] them from the supplier; or (i) request [ ] it from the supplier or, if label from the supplier they choose to do so,

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

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

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

printed form.

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

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

relevant implementing act and to the [ ] material for a specific model [ ] in energy consumption, unless this is accordance with the relevant stipulated otherwise by the relevant implementing delegated act [ ]. implementing act;

(b) they shall cooperate with market (b) cooperate with market (b) [ ] cooperate with market surveillance Agreed text surveillance authorities and take surveillance authorities and take authorities and take immediate action to (b) [ ] cooperate with market immediate action to remedy any immediate action to remedy any remedy any situation of non-compliance surveillance authorities and take situation of non-compliance with the situation of non-compliance, with the requirements set out in this immediate action to remedy any requirements set out in this pursuant to Article 5; Regulation and its [ ] implementing acts situation of non-compliance with the Regulation and its delegated acts falling under their responsibility, at their requirements set out in this Regulation falling under their responsibility, at own initiative or when required to do so and its [ ] implementing delegated their own initiative or when required by market surveillance authorities; acts falling under their responsibility, to do so by market surveillance at their own initiative or when required 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 [ ] Agreed text covered by this Regulation, provide by this Regulation, from providing implementing acts under this (c) [ ] for products covered by [ ] or display other labels, marks, or displaying any misleading, Regulation, not provide or display other implementing delegated acts under symbols or inscriptions which do not confusing or mimicking labels, labels, marks, symbols or inscriptions this Regulation, not provide or display comply with the requirements of this marks, symbols or inscriptions, which do not comply with the other labels, marks, symbols or Regulation and of the relevant regarding the consumption of energy requirements of this Regulation and of the inscriptions which do not comply with delegated acts, if this is likely to or other resources during use; relevant [ ] implementing acts, if this is the requirements of this Regulation mislead or confuse customers with likely to mislead or confuse customers and of the relevant [ ] implementing respect to the consumption of energy with respect to the consumption of energy delegated acts, if this is likely to or other resources during use or other resources during use; mislead or confuse customers with

respect to the consumption of energy or other resources during use; Agreed text

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

provided for in Member States' implementing delegated acts.This legislation, as long as they are not does not affect labels provided for in covered by implementing acts under Member States' legislation, as long as this Regulation. they are not covered by implementing delegated acts under this Regulation. (e) for non energy related products, not supply or display labels which mimic the labels as defined in this Regulation and its implementing delegated acts.

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Amendment 36 Article 3 - paragraph 3a (new) 3a. All general obligations EP text falls 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 [ ] Agreed text prohibit, restrict or impede the impede the placing on the market or impede, in relation to matters 1. Member States shall not [ ] placing on the market or putting into putting into service, within their covered by this Regulation, the impede, in relation to matters covered by service, within their territories, of territories, of products which comply placing on the market or putting into this Regulation, the placing on the market energy-related products which with this Regulation [ ]. service, within their territories, of [ ] or putting into service, within their comply with this Regulation and its products which comply with [ ] this territories, of [ ] products which comply relevant delegated acts. Regulation and the relevant [ ] with [ ] this Regulation and the relevant [ ]

  implementing acts under this implementing delegated acts under this Regulation. Regulation.

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Amendment 38 Article 4 - paragraph 2

• 2. 

  Member States shall take all 2. Member States shall take all 2. [ ] AM covered by Article 1(1), Article 4(5) appropriate measures to ensure that appropriate measures to ensure that and Article 5 and 6. Agreed, EP suppliers and dealers comply with suppliers and dealers comply with the amendment falls. 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 3. Where Member States 3. Where Member States Agreed text provide any incentives for an energyprovide any incentives for a product provide any incentives for a [ ] 3. Where Member States provide any related product covered by this covered by this Regulation and product covered by this Regulation incentives for a product covered by this Regulation and specified in a specified in a delegated act, those and specified in an [ ] implementing Regulation and specified in a implementing delegated act, these shall aim at the incentives shall aim at the highest two act, these shall aim at the highest delegated act, these shall aim at the highest highest class of energy efficiency populated classes of energy classes of energy efficiency, in two significantly populated classes of laid down in the applicable delegated efficiency, as laid down in the which products are available, laid energy efficiency, or at higher classes [ ] act. applicable delegated act. down in the applicable[ ] as laid down in the applicable

  implementing act[ ]. implementing delegated act.

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Amendment 40 Article 4 - paragraph 4

• 4. 

  Member States shall ensure 4. Member States shall ensure 4. Member States shall ensure Agreed text: that the introduction of labels that the introduction and rescaling of that the introduction of labels 4. Member States shall ensure that the including rescaled labels and product labels is accompanied by educational including rescaled labels and product introduction of labels and rescaling of information sheets is accompanied by and promotional information information sheets is accompanied labels is accompanied by educational and educational and promotional campaigns on energy labelling. by educational and promotional promotional information campaigns on information campaigns aimed at information campaigns on energy energy labelling, if appropriate in promoting energy efficiency and labelling [ ], if appropriate in cooperation with dealers and suppliers. The more responsible use of energy by cooperation with dealers and Commission shall support cooperation and customers, if appropriate in The Commission shall coordinate suppliers. The Commission shall the exchange of best practices in relation to cooperation with dealers. those campaigns, supporting close support cooperation and the these campaigns, including through the

  cooperation with suppliers and exchange of best practices in recommendation of common key messages.

  dealers and the exchange of best relation to these campaigns,

  practices. including through the provision of

  a core script.

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

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

  Commission by the date of subsequent amendment affecting them. 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 (EC) No 765/2008 i shall Regulation (EC) No 765/2008 i shall apply to energy-related products apply to [ ] products covered by this covered by this Regulation and its Regulation and its [ ] implementing delegated acts. acts.

Amendment 42 Article 5 - paragraph 2

• 2. 

  The Commission shall 2. The Commission shall 2. The Commission shall Agreed text support cooperation and exchange of encourage and coordinate support cooperation and exchange of 2. The Commission shall encourage information on market surveillance cooperation and exchange of information on market surveillance and support cooperation and exchange of

of energy labelling of products information on market surveillance of energy labelling of products information on market surveillance of among national authorities of the of energy labelling regarding among national authorities of the energy labelling regarding products

Member States responsible for Member States responsible for covered by this Regulation [ ] among

market surveillance or external products covered by this Regulation market surveillance or external national authorities of the Member States border controls and between such among national authorities of the authorities and the Commission. Member States responsible for

border controls and between such responsible for market surveillance or in

market surveillance or in charge of authorities and the Commission. charge of the control of products entering the control of products entering the the Union market and between them and Union market and between them the Commission, inter alia by involving

and the Commission by more strongly the Administrative Costrengthening the Group of Experts operation Group (ADCO) on Ecodesign on Ecodesign and Energy and Energy Labelling. Labelling Administrative Co Such exchanges of information shall also operation Working Group (ADCO). be conducted when test results indicate that

Such exchanges of information the producer is in compliance with the relevant law.

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, Agreed text

Member States shall establish and Member States' general implement a market surveillance market surveillance programmes or sector plan for monitoring the specific programmes established under enforcement of the requirements of Article 18 of Regulation (EC) 765/2008 i this Regulation. Member States shall include actions in order to ensure the shall review their market effective enforcement of this Regulation.

surveillance plan at least every

three years. A recital is added to reinforce the full applicability of the general product

By 1 January 2020 and thereinafter legislation and the ongoing revision of on an annual basis, Member States Regulation (EC) 765/2008 i.

shall draw up a report on market

surveillance, evaluating compliance An encouragement to use ICSMS has trends with this Regulation and been added in recital 15a.

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 Agreed text authority shall carry out physical 2b. The Commission shall, in cooperation product testing, covering at least one with the Administrative Co-operation product group per year in Group (ADCO) on Ecodesign and Energy accordance with the delegated acts Labelling, elaborate guidelines for the pursuant to this Regulation. enforcement of this Regulation, in Market surveillance authorities shall particular as regards best practices of inform the other Member States and product testing and the sharing of the Commission of their planned and information between national market completed physical tests, through the surveillance authorities and the compliance interface of the product Commission. 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 Agreed text authorities shall have the right to 2c. Market surveillance authorities recover the costs of a physical shall have the right to recover from product testing from suppliers in case suppliers the costs of document inspection of an infringement of this and physical product testing in case of non Regulation. compliance with this Regulation or its

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

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

  to in this paragraph.

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Amendment 48 Article 6 - paragraph 3

• 3. 

  Where the market 3. The market surveillance 3. Where the market Agreed text: surveillance authorities consider that authorities shall inform through the surveillance authorities consider that 3. Where the market surveillance non-compliance is not restricted to ICSMS the Commission and other non-compliance is not restricted to authorities consider that non-compliance is their national territory, they shall Member States, of any results of the their national territory, they shall not restricted to their national territory, they inform the Commission and the other evaluation and of any actions which inform the Commission and the other shall inform 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 Member States of the results of the evaluation and of the actions which pursuant to paragraph 2. evaluation and of the actions which evaluation and of the actions which they they have required the supplier to they have required the supplier or have required the supplier or dealer to take. 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 Agreed text: all appropriate corrective action is any restrictive measure prescribed in ensure that all appropriate corrective 4. The supplier, or where appropriate, taken in respect of all the energyaccordance with paragraph 2 is action is taken in respect of all the [ ] the dealer shall ensure that all appropriate related products concerned that it has taken, in respect of all the product products concerned that it has made corrective or restrictive action in made available on the market models concerned that it has made available on the market throughout accordance with paragraph 2 is taken in throughout the Union. available on the market throughout the the Union. respect of all the [ ] products concerned

  Union. that it has made available on the market throughout the 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 Agreed text: take adequate corrective action implement the corrective action does not take adequate corrective 5. Where the supplier, or where within the period referred to in the within the period referred to in the action within the period referred to in appropriate, the dealer does not take paragraph 2, the market surveillance paragraph 2, the market surveillance the paragraph 2, the market adequate corrective action within the period authorities shall take all appropriate authorities shall take all appropriate surveillance authorities shall take all referred to in the paragraph 2, the market provisional measures to prohibit or provisional measures to prohibit or appropriate provisional measures to surveillance authorities shall take all restrict the energy-related product's restrict the making available of the prohibit or restrict the [ ] product's appropriate provisional measures to being made available on their product model on their national being made available on their prohibit or restrict the [ ] product's being national market, to withdraw the market or to withdraw or recall the national market, to withdraw the [ ] made available on their national market, to energy-related product from that product model from that market. The product from that market or to recall withdraw the [ ] product from that market market or to recall it. The market market surveillance authorities shall it. The market surveillance or to recall it. The market surveillance surveillance authorities shall inform immediately notify the Commission authorities shall inform the authorities shall inform the Commission the Commission and the other and the other Member States of those Commission and the other Member and the other Member States, without Member States, without delay, of measures, and shall upload the States, without delay, of those delay, of those measures. those measures. information in the compliance measures.

  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 6. The notification referred to in 6. The information referred to Agreed text: in the paragraph 5 shall include all paragraph 5 shall include all available in the paragraph 5 shall include all 6. The information referred to in the available details, in particular the details, in particular the data available details, in particular the paragraph 5 shall include all available data necessary for the identification necessary for the identification of the data necessary for the identification details, in particular the data necessary for of the non-compliant energy-related non-compliant product, its origin, the of the non-compliant [ ] product, the the identification of the non-compliant [ ] product, the origin of the energynature of the non-compliance alleged origin of the [ ] product, the nature product, the origin of the [ ] product, the related product, the nature of the and the risk involved, the nature and of the non-compliance alleged and nature of the non-compliance alleged and non-compliance alleged and the risk duration of the national measures the risk involved, the nature and the risk involved, the nature and duration of involved, the nature and duration of taken and the arguments put forward duration of the national measures the national measures taken and the the national measures taken and the by the supplier. In particular, the taken and the arguments put forward arguments put forward by the supplier, or arguments put forward by the market surveillance authorities shall by the supplier or dealer. In where appropriate, the dealer. In particular, supplier. In particular, the market indicate whether the non-compliance particular, the market surveillance the market surveillance authorities shall surveillance authorities shall indicate is due to either failure of the product authorities shall indicate whether the indicate whether the non-compliance is due whether the non-compliance is due to model to meet requirements relating non-compliance is due to either to either failure of the [ ] product to meet either failure of the energy-related to aspects of public interest protection failure of the [ ] product to meet requirements relating to aspects of public product to meet requirements relating laid down in this Regulation or to requirements relating to aspects of interest protection laid down in this to aspects of public interest shortcomings in the harmonised public interest protection laid down Regulation or shortcomings in the protection laid down in this standards referred to in Article 9 in this Regulation or shortcomings in harmonised standards referred to in Article Regulation or shortcomings in the conferring a presumption of the harmonised standards referred to 9 conferring a presumption of conformity. harmonised standards referred to in conformity. In this case, the in Article 9 conferring a presumption Article 9 conferring a presumption of Commission shall apply the of conformity. 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 Agreed text:

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

Amendment 53 Article 6 - paragraph 8

• 8. 

  Where, within 60 days of 8. Where, within four weeks of 8. Where, within 60 days of Agreed text: receipt of the information referred to the notification referred to in receipt of the information referred to 8. Where, within 60 days of receipt of in paragraph 5, no objection has been paragraph 5, no objection has been in paragraph 5, no objection has been the information referred to in paragraph 5, raised by either a Member State or raised by either a Member State or the raised by either a Member State or no objection has been raised by either a the Commission in respect of a Commission in respect of a the Commission in respect of a Member State or the Commission in provisional measure taken by a provisional measure taken by a provisional measure taken by a respect of a provisional measure taken by a Member State, that measure shall be Member State, that measure shall be Member State, that measure shall be Member State, that measure shall be deemed justified. deemed to be justified. 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 Agreed text: that appropriate restrictive that parallel restrictive measures, that appropriate restrictive 9. Member States shall ensure that measures, such as withdrawal of the proportionate to their specific measures, such as withdrawal of the appropriate restrictive measures, such as energy-related product from their national situation, are taken without [ ] product from their market, are withdrawal of the [ ] product from their market, are taken in respect of the delay in respect of the product taken in respect of the [ ] product market, are taken in respect of the [ ] energy-related product concerned, model concerned, and shall inform concerned, without delay. product concerned, without delay. 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 10. Where, on completion of the 1. Where, on completion of Agreed text the procedure set out in paragraphs procedure set out in paragraphs 4 the procedure set out in [ ] Article 4 and 5, objections are raised and 5, objections are raised against a 6(4) and (5), objections are raised 1. Where, on completion of the against a measure taken by a measure taken by a Member State, against a measure taken by a procedure set out in [ ] Article 6(4) and Member State, or where the or where the Commission considers Member State, or where the (5), objections are raised against a measure Commission considers a national such national measure to be contrary Commission considers a national taken by a Member State, or where the measure to be contrary to Union to Union law, the Commission shall measure to be contrary to Union Commission considers a national measure legislation, the Commission shall without delay enter into consultation legislation, the Commission shall [ to be contrary to Union legislation, the without delay enter into with the Member States and the ] without delay enter into Commission shall [ ] without delay enter consultation with the Member supplier, and shall evaluate the consultation with the Member into consultation with the Member States States and the supplier and shall national measure, on the basis of the States and the supplier or dealer and the supplier, or where appropriate, the evaluate the national measure. On results of which it shall decide and shall evaluate the national dealer and shall evaluate the national the basis of the results of that whether the national measure is measure. On the basis of the results measure. On the basis of the results of that evaluation, the Commission shall justified or not, and may propose an of that evaluation, the Commission evaluation, the Commission shall adopt an decide whether the national appropriate alternative measure. shall adopt an implementing act implementing act determining whether the

measure is justified or not. determining whether the national national measure is justified or not and may suggest an appropriate alternative measure.

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

examination procedure referred to in Article 12a(2).

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Amendment 56 Article 6 - paragraph 11

• 11. 

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

  Amendment 57 Article 6 - paragraph 12

• 12. 

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

  measure.

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  Amendment 58 Article 6 - paragraph 13

• 13. 

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

  Agreed text: (cross references updated) 5. Corrective or restrictive measures pursuant to paragraphs Article 6(2), (4), (5), (9) and 6a (3) shall be extended to all units of a non-compliant model and of its equivalent models, except those units for which the supplier demonstrates that they are compliant.

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Amendment 96 Article 6 - paragraph 13 13a. In the case of proven non EP amendment falls, Comission statement: compliance of the product with the requirements laid down in this “In view of its ongoing efforts to strengthen Regulation and its relevant delegated the enforcement of Union harmonisation acts, customers shall have the right legislation for products, the Commission - to return the product to the dealer in order to address potential financial loss free-of-charge and receive from the by consumers due to wrongly labelled supplier a full refund of the original products or inferior energy and purchase price. environmental performance than labelled -

should investigate whether compensation In cooperation with the market for consumers in case of non-compliance surveillance authorities, the suppliers with regard to energy class displayed on shall make all reasonable efforts to the label can be addressed.” 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 Article 7 Labels and rescaling Procedure for the introduction and Labels and rescaling Procedure for the introduction and

rescaling of labels rescaling of labels

• 1. 

  The Commission may, by 1. The Commission is 1. The Commission may, in Agreed text means of delegated acts adopted empowered to adopt delegated acts in accordance with the procedures set 1. [ ] As regards the products referred to in pursuant to Articles 12 and 13, accordance with Article 13 in order out in to Articles 11a and 12, paragraphs (2) and (2a), the Commission introduce labels or rescale existing to supplement this Regulation by introduce labels or rescale existing shall rescale labels which were in force at labels. introducing or rescaling labels. labels. the date of application of this Regulation

  subject to paragraphs 4 to 6a. Labels introduced by delegated acts

  adopted in accordance with Article By way of derogation from the requirement 10 of Directive 2010/30 i/EU before 1 of achieving significant energy and cost January 2017 shall be considered as savings set out in Article 12(2) (ab) and (c), labels for the purposes of this where the rescaling cannot achieve such Regulation. savings, it shall ensure at least a

  homogenous A-G scale.

  1a. Labels shall be re-scaled [ ] Agreed text: when technological progress in the 1a. Where a label did not exist for a relevant product group makes it product group prior to the date of appropriate. The Commission shall application of this Regulation, the carry out a preparatory study in Commission may introduce labels subject advance with the aim of launching a to paragraphs 4 to 6a. label review process. It shall review the label once it

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• a) 

  estimates that 30 percent of the Agreed text: products sold within the Union 1b. The Commission may further rescale market fall into the top energy labels rescaled in accordance with class and further technological paragraph 1 or introduced in accordance development can be expected soon; with paragraph 1a where the conditions of or paragraph 3, points (a) or (b) are satisfied, and subject to paragraphs 4 to 6a. 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 Agreed text 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 2. In order to ensure a homogenous A to allowed to be placed on the market labels for existing product groups, as significant energy and cost savings G scale, the Commission shall adopt, by [ any more because of an referred to in paragraph 1, within 5 from a customer’s perspective, the XXXX] 14 , delegated acts in accordance implementing measure adopted under years after the entry into force of this label may, in exception to Article with Article 13 in order to supplement Directive 2009/125/EC i, the class or Regulation, respecting the 2(13), contain fewer classes. In that this Regulation by introducing rescaled classes in question shall no longer be requirements of paragraph 4. case, the dark green to red labels for product groups covered by shown on the label. spectrum of the label shall be delegated acts adopted pursuant to

  Product groups covered by retained. Directive 2010/30 i, with the aim of Commission Delegated Regulations displaying the rescaled label both in 811/2013 (space heaters, combination shops and online, 18 months following heaters, packages of space heater, their entry into force. temperature control and solar device When determining the order of product and packages of combination heater, groups to be rescaled, the Commission temperature control and solar device) shall take into account the proportion of and 812/2013 (water heaters, hot products in the highest classes. water storage tanks and packages of water heater and solar device) shall (2a) By way of derogation from be reviewed 6 years after the entry paragraph 2: into force of this regulation with a (a) The Commission shall present view to rescaling them. reviews for the product groups covered by Commission Delegated Regulations For product groups covered by 811/2013 and 812/2013 and 2015/1187 by Commission Delegated Regulations [XXXX] 15 with a view to rescaling them,

  1059/2010 (household dishwashers), and, where appropriate, shall adopt, by [ 1060/2010 (household refrigerating XXXX] 16 delegated acts in accordance appliances), 1061/2010 (household with Article 13 in order to supplement washing machines), 1062/2010 this Regulation by introducing rescaled

14 6 years after the entry into force of this Regulation.

15 8 years after the entry into force of this Regulation.

16 9 years after the entry into force of this Regulation.

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(televisions) and 874/2012 (electrical labels. lamps and luminaires) where preparatory studies are finalized, the In any case, the delegated acts Commission shall introduce rescaled introducing rescaled labels shall be labels no later than 21 months after adopted no later than 13 years after the the entry into force of this entry into force of this Regulation. Regulation. (b) The Commission shall adopt, by [XXXX] 17 , delegated acts in accordance with Article 13 in order to supplement this Regulation by introducing rescaled labels for product groups covered by Commission Directive 96/60 i and Commission Delegated Regulations 1059/2010, 1060/2010, 1061/2010, 1062/2010 and 874/2012, with the aim of displaying the rescaled label both in shops and online, 12 months following their entry into force.

17 24 15 months after the date of entry into force of this Regulation.

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Amendment 61 Article 7 - paragraph 3

• 3. 

  The Commission shall 3. The Commission shall ensure 3. The Commission shall Agreed text: ensure that, when a label is that any subsequent rescaling for ensure that, when a label is

introduced or rescaled, the new labels or rescaled labels referred introduced or rescaled, the As regards the products referred to in requirements are laid down so that no to in paragraph (2) is initiated once requirements are laid down so that no paragraph (1b), the Commission shall products are expected to fall in the following conditions are met, products are expected to fall in review the label with a view to rescaling energy classes A or B at the moment showing the appropriate energy class A [ ] at the moment of once it estimates that:

of the introduction of the label and so technological progress in the the introduction of the label and so that the estimated time within which relevant product group: that the estimated time within which a majority of models falls into those a majority of models falls into that classes shall be at least ten years class shall be at least ten years later. later.

(a) 25% of the products sold within Agreed text: the Union market fall into the top

energy efficiency class A; or (a) 30 % of the [ ] units of models

belonging to a product group sold within the Union market fall into the top energy efficiency class A and further technological development can be expected [ ];

Or

(b) 50% of the products sold within (b) 50% of the [ ] units of models the Union market fall into the top belonging to a product group sold within two energy efficiency classes A+B. the Union market fall into the top two energy efficiency classes A+B and further technological development can be expected [ ].

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Amendment 62 Article 7 - paragraph 3a (new)

3a. The Commission shall Agreed text ensure, through the inclusion of the The Commission shall carry out a review product group in the working plan study after it estimated that the conditions pursuant to Article 11, that: of subparagraphs (a) or (b) are met. (a) the preparatory study for If, for a specific product group, these rescaling is completed no later than conditions are not met within 8 years from 18 months after the conditions of the date of entry into force of the paragraph 3 are met; relevant delegated act, the Commission (b) rescaling is completed, through shall identify which barriers, if any, have the review and entry in force of the prevented the label to fulfil its role. relevant delegated act in accordance In the case of new labels it shall carry out a with Article 13, no later than three preparatory study based on the indicative years after the conditions of list of product groups set out in the working paragraph 3 are met. plan.

The Commission shall finalise the review or preparatory study and present the results and, where appropriate, a draft implementing delegated act to the Consultation Forum in 36 months. The Consultation Forum shall discuss the review and the estimate of the Commission on subparagraphs (a) or (b) of paragraph (3).

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Amendment 63 Article 7 - paragraph 4

• 4. 

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

  rescaled labels aiming for an energy classes D, E, F or G are 4. The Commission shall ensure that, when expected validity of at least ten years. allowed to be placed on the market a label is introduced or rescaled, the any more because of an requirements are laid down so that no To that end, the Commission shall implementing measure adopted under products are expected to fall in energy class ensure that, when a label is Directive 2009/125/EC i, the class or A at the moment of the introduction of the introduced or rescaled, no products classes in question shall no longer be label and so that the estimated time within are expected to fall in energy class A shown on the label. which a majority of models falls into that at the moment of the introduction of class shall be at least ten years later.

  the label. Agreed text:

  For product groups where the

  preparatory study referred to in (a) of 4a. By way of derogation from paragraph 4,

  paragraph 3a shows a fast where technology is expected to develop

  technological progress, no products more rapidly, requirements shall be laid

  are expected to fall in energy classes down so that no products are expected to

  A and B at the moment of the fall in energy classes A and B at the

  introduction of the label. 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: Agreed text: group, no models belonging to

  energy classes F or G are allowed to 5. When, for a given product group, no be placed on the market anymore models belonging to energy classes E, F or because of an Ecodesign G are allowed to be placed on the market implementing measure adopted any more because of an Ecodesign under Directive 2009/125/EC i, the implementing measure adopted under class or classes in question shall be Directive 2009/125/EC i, the class or classes shown on the label in grey as in question shall be shown on the label in specified in the relevant delegated grey as specified in the relevant act. The standard dark green to red implementing delegated act. The label with spectrum of the label shall be the grey classes shall apply only to new retained for the remaining upper product units placed on the market.

  classes. The changes shall apply only to new product units placed on the market. Agreed text (former paragraph 2):

  6.When it is, for technical reasons, impossible to define seven energy classes that correspond to significant energy and cost savings from a customer’s perspective, the label may, by way of derogation from Article 2(13), contain fewer classes. In that case, the dark green to red spectrum of the label shall be retained.

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  6a. Every time the Commission exercises the powers and obligations conferred on it by this Article, it shall act in accordance with Articles 11a and 12 and 13.

(a) suppliers shall provide both the (a) suppliers shall [ ] supply in Agreed text current and the rescaled labels to Deleted (moved to Article 3) accordance with Article 3(1) (a) 7. When, pursuant to paragraphs 1 or 1b, a dealers for a period of six months both the current and the rescaled label is rescaled: before the date specified in paragraph labels [ ] for a period of six months

(b). before the date specified in paragraph (a) suppliers shall, when placing a unit of

(b). models product on the market, provide

both the current and the rescaled labels and product information sheets to dealers for a period of four months before the date specified in the relevant implementing delegated act for starting the display of the rescaled label. By way of derogation from the first subparagraph of this point, if the current and the rescaled label require different testing of the model, suppliers may choose not to supply the current label with units of models newly placed on the market within the four months before the date specified in the relevant implementing delegated act for starting the display of the rescaled label, if no units belonging to the same model or equivalent models were placed on the market before the start of the fourmonth period. In that case, dealers shall not offer for sale those units before that date. Suppliers shall notify the dealers concerned of this consequence as soon as possible, including when they include such units in their offers to dealers; and

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In addition, suppliers shall deliver (ab) In addition, Suppliers shall, for units the rescaled label on request from of models products placed on the market dealers in accordance with Article before the the four-month period referred 3(1) (b) for units placed on the to in point (a), deliver the rescaled label on market earlier than the period request from dealers in accordance with refered to in the first Article 3(1) (b) as from the start of that subparagraph. period [ ]. For such products, dealers shall obtain a rescaled label in accordance with Article 3(2) (b).

The second subparagraph of this Agreed text point shall apply to models, units By way of derogation from the first of which are not placed on the subparagraph of this point: market any more after the start of he first and second subparagraph of this that period, only if no new testing point shall not apply to models, units of is required. which are no longer placed on the market [ ] after the start of the period in point (a), (i) Dealers who are unable to obtain a rescaled label in accodance with the first subparagraph of this point for units already in their stock, because the supplier has ceased its activities, shall be permitted to sell these units exclusively with the non-rescaled label until 9 months after the date specified in the relevant implementing delegated act for starting the display of the rescaled label; or (ii) if the non-rescaled and the rescaled label require different testing of the model, suppliers are exempted from the obligation to supply a rescaled label for units placed on the market before the four-month period, if no units belonging to same model or equivalent models are

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which are no longer placed on the market after the start of the four-month period. In this case, dealers shall be permitted to sell products these units exclusively with the non-rescaled label until 9 months after the date specified in the relevant implementing delegated act for starting the display of the rescaled label.

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Dealers shall obtain a rescaled Moved up to the paragraph (ab) for clarity. 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 Agreed text: labels on products on display labels on products on display (b) dealers shall replace the existing labels including on the Internet with the including on the Internet with the on products on display, both in shops and rescaled labels within one week rescaled labels within [ ] 10 days online, with the rescaled labels within 14 following the date specified for that following the date specified for that working days following the date specified purpose in the relevant delegated act. purpose in the relevant [ ] in the relevant implementing delegated act Dealers shall not display the rescaled implementing act. Dealers shall not for starting the display of the rescaled label. labels before that date. display the rescaled labels before that Dealers shall not display the rescaled labels

date. before that date.

(c) By way of derogation from (c) By way of derogation from points (a) points (a) and (b), implementing (ab) and (b), implementing delegated acts acts may provide for specific rules provided for in Article 12(3)(d) may to address the case where energy provide for specific rules to address the labels are printed on the case where energy labels are printed on the packaging. packaging.

Dealers shall be permitted to sell Covered by the compromise proposal in energy- related products without a Article 7(7) (ab) fourth subparagraph 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 6. Delegated acts adopted pursuant to delegated acts adopted in accordance delegated acts adopted in accordance Directive 2010/30 i/EU, [ ] and with Article 10 of Directive with Article 10 of Directive Commission Directive 96/60/EC i shall 2010/30/EU before the date of 2010/30/EU before the date of remain in force until they are repealed by a application of this Regulation shall application of this Regulation shall new delegated act covering the relevant be considered as labels for the be considered as labels for the product group. purposes of this Regulation. The purposes of this Regulation. [ ] The labels introduced by Commission Commission shall review those labels Directive 96/60/EC i, and delegated acts within five years of the entry into adopted in accordance with Article 10 of force of this Regulation with a view Directive 2010/30 i/EU before the date of to rescaling them. application of this Regulation shall be

  considered as labels for the purposes of this

  Regulation.

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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 Agreed text: 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 1.The Commission shall establish and in Annex I. The information listed the public interface and the purposes: maintain a product database consisting of a under point 1 of Annex I shall be compliance interface. public part, a compliance part and an made publicly available. The public interface shall contain the online portal giving access to these two

information set out in point 1 of parts. Annex I, respecting the functional The product database does not replace or requirements set out in point 3 of modify the responsibilities of the market Annex I. surveillance authorities.

The compliance interface shall 2. The product database shall serve contain the information set out in the following purposes:

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 cost-effectiveness.

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 Incorporated into recital 16a 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 See compromise proposal in paragraph 7 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 (a) to support market surveillance surveillance authorities in carrying authorities in carrying out their tasks under out their tasks under this this Regulation and its implementing Regulation; delegated acts, including their enforcement; (b) to provide the Commission with Agreed text: up-to-date energy efficiency

information of products for (b) to provide the public with information reviews of energy labels; about products placed on the market, their

energy labels and product information sheets;

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(c) to provide the public with (c) to provide the Commission with up-toinformation about products placed date energy efficiency information of on the market, their energy labels products for reviews of energy labels; and product information sheets; (d) to enable suppliers to comply Deleted with their obligations under Article 3(1a) points (a) and (b); (e) to enable dealers to comply Deleted with their obligations under Article 3(2) point (b) (ii). 2. The database shall include Agreed text the information referred to in Annex 2. The public part of the database and the I. online portal and the public part of the database shall contain the information set out respectively in points 1 and 2 of Annex I, which shall be made publicly available. The public part of the database shall meet the criteria in paragraph 4, and the functional requirements set out in point 4 of Annex I.

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• 3. 

  The information shall be Agreed text entered into the database by 3. The compliance part of the product suppliers as specified in Article database shall contain the information set 3(1a) points (a) and (b). Suppliers out in point 3 of Annex I, including the shall have access and editing rights specific parts of the technical to the information they entered. A documentation as referred to in paragraph record of changes shall be kept for 3a and as defined in Article 2(21). This market surveillance purposes, documentation shall only be accessible to keeping track of dates of any market surveillance authorities and the editing. Commission. The compliance part shall meet the criteria in paragraph 4 and 4a, and the functional requirements set out in point 2b of Annex I.

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Agreed text 3a. The mandatory specific parts of the technical documentation that suppliers shall enter into the database shall cover only: (a) a general description of the model, sufficient for it to be unequivocally and easily identified; (b) the references of the harmonised standards applied or other measurement standards used; (c) specific precautions that shall be taken when the model is assembled, installed, maintained or tested; (d) the measured technical parameters of the model; (e) the calculations performed with the measured parameters; (f) testing conditions if not described sufficiently in point (b). In addition, suppliers may upload additional parts of the technical documentation on a voluntary basis into the database. Agreed text: 3b. When data other than those specified in paragraph 3a or not available in the public part of the database would become necessary for market surveillance authorities and/or the Commission for carrying out their tasks under this Regulation, they shall be able to obtain them from suppliers on request.

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• 4. 

  The information listed under Agreed text: point 1 of Annex I shall be made 4. The establishment of the product publicly available. (moved from database shall follow criteria that ensure: paragraph 1) The market - minimising the administrative burden for surveillance authorities and the suppliers and other database users; Commission shall have access to - user-friendliness and cost-effectiveness; the information listed under point and 2 of Annex I, while ensuring the - automatic avoidance of redundant safeguarding of confidential registration. information. 4a. The establishment of the compliance part of the database shall follow criteria that ensure:

  • - 

    protection from unintended use and the safeguarding of confidential information by way of strict security arrangements; - access rights based on the need-to-know principle; - that personal data are processed in accordance with Regulation (EC) No 45/2001 i and Directive 95/46/EC i, as applicable; - that data access is limited in scope to prevent copying larger data sets; - that data access is traceable for suppliers with regard to their technical documentation.

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Agreed text: 4b. The data in the compliance part of the database shall be treated in accordance with Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in

the Commission 18. In particular, the

specific cyber-security arrangements of

Commission Decision C(2006) 3602 19 and

its implementing rules shall apply. The confidentiality level shall reflect the consequential harm resulting from disclosure of the data to unauthorised persons.

• 5. 

  The Commission and Agreed text: market surveillance authorities 5. Suppliers shall have access and editing shall ensure that personal data are rights to the information they entered in the processed in accordance with product database pursuant to Article 3(1a) Regulation (EC) No 45/2001 i and points (a) and (b). A record of changes Directive 95/46/EC i, as applicable. shall be kept for market surveillance purposes, keeping track of dates of any editing.

18 OJ L 72, 17.3.2015, p. 41.

19 C(2006) 3602 of 16 August 2006 concerning the security of information systems used by the European Commission

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• 6. 

  The establishment of the Agreed text: database shall take into account 5a.Customers using the public part of the the criteria of minimising product database shall be able to easily administrative burden for identify the best energy class populated for suppliers and other database users, each product group, allowing them to user-friendliness and costcompare model characteristics and to effectiveness, and shall ensure choose the most energy efficient products. appropriate security arrangements and access rights based on the need-to-know principle. 7. The Commission shall be Agreed text empowered, by means of 7. The Commission shall be implementing acts, to specify empowered, by means of implementing operational details relating to the acts, to specify the operational details product database, including any relating to of the product database, obligations on suppliers and including any obligations on suppliers dealers. Those implementing acts and dealers. After consultation of the shall be adopted in accordance Consultation Forum provided for in with the examination procedure Article 10, tThose implementing acts referred to in Article 12a(2). 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 [ ] Agreed text under this Regulation setting specific implementing act under this After the adoption of an [ ] implementing labelling requirements adopted in Regulation setting specific labelling delegated act under this Regulation setting accordance with Article 13 of this requirements [ ] the Commission specific labelling requirements [ ] the Regulation, the Commission shall, in shall, in accordance with Regulation Commission shall, in accordance with accordance with Regulation (EU) No (EU) No 1025/2012, publish Regulation (EU) No 1025/2012 i, publish

1025/2012 20 , publish references to references to harmonised standards references to harmonised standards that

harmonised standards that satisfy the that satisfy the relevant measurement satisfy the relevant measurement and relevant measurement and and calculation requirements of the [ calculation requirements of the [ ] calculation requirements of the ] implementing act in the Official implementing delegated act in the Official delegated act in the Official Journal Journal of the European Union. Journal of the European Union. of the European Union.

20 OJ L 316, 14.11.2012, p12

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

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 Agreed text: to simulate real-life usage as far as 2a. Harmonised standards shall aim to possible while maintaining a simulate real-life usage as far as possible standard test method, with no while maintaining a standard test method. prejudice to comparability within the Test methods shall furthermore take into product group. account the associated costs for Industry and Small and Medium Sized Enterprises. 2b. Measurement and calculation Agreed text: methods included in the harmonised 2b. Measurement and calculation methods standards shall be reliable, accurate included in the harmonised standards shall and reproducible, and aligned with be reliable, accurate and reproducible, and the requirements of Article 3(1a). aligned with the requirements of Article 3(1) (ca) and 1(d).

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Amendment 68 Article 10 - paragraph 1

Article 10 Article 10 Consultation Consultation Forum

In the conduct of its activities under 1. In the conduct of its activities In the conduct of its activities under Agreed text this Regulation the Commission under this Regulation, for the this Regulation the Commission shall ensure in respect of each introduction or rescaling of labels shall ensure in respect of each In the conduct of its activities under this delegated act, a balanced under Article 7, and for the setup of delegated and implementing act, Regulation the Commission shall ensure in participation of Member States’ the database under Article 8, the as well as for the identification of respect of each delegated act under representatives and interested Commission shall ensure a sectors where the condition of 30 Article 12 and each implementing act parties concerned with the product balanced participation of Member percent of the products sold under Article 8(7) a balanced participation group in question, such as industry, States' representatives, including within the Union market falling of Member States’ representatives and

including SMEs and craft industry, market surveillance authorities, and into the top energy class is interested parties concerned with the trade unions, traders, retailers, interested parties concerned with the unlikely to be fulfilled, a balanced product group in question, such as industry, importers, environmental protection product group in question, such as participation of Member States’ including SMEs and craft industry, trade

groups and consumer organisations. industry, including SMEs and craft representatives and interested unions, traders, retailers, importers,

For this purpose, the Commission industry, trade unions, traders, parties concerned with the product environmental protection groups and

shall establish a Consultation retailers, importers, environmental group in question, such as industry, consumer organisations, as well as the

Forum in which these parties shall protection groups and consumer including SMEs and craft industry, involvement of the European Parliament. met. This Consultation Forum may organisations, as well as the trade unions, traders, retailers, For this purpose, the Commission shall

be combined with the Consultation involvement of the European importers, environmental protection establish a Consultation Forum in which these parties shall meet. This Consultation

Forum referred to in Article 18 of Parliament. groups and consumer organisations. Forum shall be combined with the

Directive 2009/125/EC i. For this purpose, the Commission Consultation Forum referred to in Article shall establish a Consultation 18 of Directive 2009/125/EC i.

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 EP text falls Consultation Forum in which the The publication of minutes is acceptable, parties listed in paragraph 1 shall see point 3 of Annex I. 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 Agreed text: adoption of delegated acts, the adoption of delegated acts adopted preparing implementing acts, the Where appropriate, when preparing Commission shall test the design and pursuant this Regulation, the Commission shall test the design and implementing delegated acts, the content of the labels for specific Commission shall test the design and content of the labels for specific Commission shall test the design and product groups with consumers to content of the labels for specific product groups with [ ] customers to content of the labels for specific product ensure their clear understanding of product groups with representative ensure their clear understanding of groups with representative groups of Union the labels. groups of Union consumers to ensure the labels. customers to ensure their clear

their clear understanding of the labels. understanding of the labels.

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Amendment 70 Article 11 - paragraph 1

Article 11 Article 11 Article 11 Working plan Working plan Working plan

The Commission shall, having 1. The Commission shall adopt The Commission shall, having Agreed text consulted the Consultation Forum delegated acts pursuant to Article 13 consulted the Consultation Forum The Commission shall, having consulted referred to in Article 10, establish a supplementing this Regulation, after referred to in Article 10, establish a the Consultation Forum referred to in working plan which shall be made having consulted the Consultation working plan which shall be made Article 10, establish a long-term working publicly available. The working plan Forum referred to in Article 10, in publicly available. The working plan plan which shall be made publicly shall set out an indicative list of order to establish a long-term shall set out an indicative list of available. The working plan shall set out an product groups which are considered working plan which shall be made product groups which are considered indicative list of product groups which are as priorities for the adoption of publicly available, including through as priorities for the adoption of the considered as priorities for the adoption of delegated acts. The working plan the public interface of the database specific product groups under the specific product groups under Article shall also set out plans for the established pursuant to Article 8. Article 11a, and detailed energy 11a, and detailed energy labelling revision and rescaling of labels of labelling requirements under requirements delegated acts under Article products or product groups. The Article 12. The working plan shall 12. The working plan shall also set out working plan may be amended also set out plans for the revision and plans for the revision and rescaling of periodically by the Commission after rescaling of labels of products or labels of [ ] product groups in accordance consultation with the Consultation product groups. The working plan [ ] with the second subparagraph of Article Forum. The working plan may be shall be amended periodically by the 7(2) and 7(2a), with the exception of the combined with the working plan Commission after consultation with rescaling of labels which were in force at required by Article 16 of Directive the Consultation Forum. The the date of application of this Regulation 2009/125/EC. working plan [ ] shall be combined for which the rescaling is provided for in

with the working plan required by Article 7. The working plan [] shall be Article 16 of Directive 2009/125/EC i updated periodically by the Commission and reviewed every three years. after consultation with the Consultation Forum. The working plan [ ] may be combined with the working plan required by Article 16 of Directive 2009/125/EC i and reviewed every three years. The European Parliament and the Council shall be informed annually of the progress made by the Commission in the implementation of the working plan.

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• 2. 

  The Commission shall organise EP text falls 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 Article 12 Delegated Acts Specification of product groups Delegated Acts

• 1. 

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

groups'). ('specific product groups').

Amendment 72

Article 12 - paragraph 2

• 2. 

  Delegated acts shall specify 2. Delegated acts shall specify Agreed text

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

following criteria: following criteria: products groups which satisfy the following

criteria:

(a) according to the most recently (a) according to the actual (a) according to the most recently (a) according to the most recently available

available figures and considering the penetration in the Union market, available figures and considering the figures and considering the quantities

quantities placed on the Union there is significant potential for quantities placed on the Union placed on the Union market, the product

market, the product group shall have saving energy and where relevant, market, the product group shall have group shall have significant potential for

significant potential for saving other resources; significant potential for saving saving energy and where relevant, other

energy and where relevant, other energy and where relevant, other resources;

resources resources;

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

efficiency levels; significantly in the relevant performance levels

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

perspective of the user; (d) the introduction of energy (d) the introduction of energy labelling labelling requirements [ ] for a requirements [ ] for a product group [ ] product group [ ] shall not have a shall not have a significant negative impact significant negative impact on the on the functionality of the product [ ] in functionality of the product [ ] in use. use. [2. Products covered by a Deleted 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 Deleted Introduction of energy labelling

requirements

• 1. 

  The Commission shall be empowered to specify, by means of Deleted 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 [ ] Agreed text specific product groups shall specify specific product groups shall specify shall specify in particular: in particular: in particular for the product group 3. Delegated acts relating to specific

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

requirements;

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

accordance with the relevant steps of the classification shall correspond to significant energy and cost delegated act: correspond to significant energy savings and appropriate product and cost savings and appropriate differentiation from the customer's product differentiation from the perspective.and shall be displayed in a customer's perspective; prominent position on the label; It shall also specify how the A-G steps of the classification, and where applicable absolute energy consumption is displayed in a prominent position on the label. (i) an A to G scale showing the EP text falls, covered in point (b) 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 Moved to point (b) above for clarity in kWh, displayed per year or per any (ab) that the label shall display, where relevant period of time; appropriate, 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 (c) where appropriate, the use of other other resources and supplementary other resources and supplementary other resources and supplementary resources and supplementary information information concerning energy information concerning energy related information concerning energy concerning [ ] the product, in which case related products, in which case the products, in which case the label shall related products, in which case the the label shall emphasise the energy label shall emphasise the energy emphasise the energy efficiency of the label shall emphasise the energy efficiency of the product. Supplementary efficiency of the product; product; efficiency of the product. information shall be unambiguous and with

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

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

smart, that is to say, capable of automatically changing and optimising their consumption patterns in response to external stimuli (such as signals from and via a central home energy managing system, price signals, direct control signals, local measurement) and/or capable of delivering other services which increase energy efficiency and the up-take of renewable energy, with the aim to improve the environmental impact of energy use over the whole energy system.

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

format or displayed on line; consumers, suppliers and dealers; printed on the packaging, provided in electronic format or displayed on line, taking into account the requirements of Article 3(1) a), and the

implications for consumers, suppliers and dealers;

(e) where appropriate, electronic (e) where appropriate, electronic (e) where appropriate, electronic means (e) where appropriate, electronic means for labelling products; means for labelling products; for labelling products; means for labelling products; (f) the manner in which the label and (f) the manner in which the (f) the manner in which the label and [ ] Agreed text technical information are to be label and technical information are to product information sheet are to be (f) the manner in which the provided in the case of distance be provided in the case of distance provided in the case of distance selling; label and [ ] product selling; selling; information sheet are to be

provided in the case of distance selling;

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

the technical documentation, including the possibility to enter into the parameters of the product information sheet into the database in accordance with Article 3(1) (aa); Addition is necessary to reflect the empowerment in Article 3(a)(aa).

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(ga) that it is prohibited to place on the Agremeement: deletion. 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 Agreed text with the requirements, only those compliance with the requirements, compliance with the requirements, only That when The verification verification tolerances that are set out only those verification tolerances that those verification tolerances that are set tolerances to be used by in the delegated act(s) shall apply; are set out in the delegated act(s) out in the [ ] implementing act(s) shall Member States when verifying

shall apply; apply; compliance with the requirements;

(i) the obligations on suppliers and (i) the obligations on suppliers (i) the obligations on suppliers and Agremeement: deletion. 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 Agreed text energy class to be included in specific indication of the energy class class to be included in advertisements and (j) where appropriate how advertisements and technical to be included in advertisements and technical promotional material, including the specific indication of the promotional material, including technical promotional material, requirements for this to be in a legible energy class to shall be requirements for this to be in a including requirements for this to be and visible form; included in visual legible and visible form; in a legible and visible form; advertisements and technical

promotional material, including requirements for this to be in a legibility and visibility form;

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

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

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

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

format of these references may take the form of a website address, a dynamic Quick Response (QR) code, a link on on-line labels or any other appropriate consumer-oriented means.

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

interactive display;

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Agremeement: deletion. (na) Where appropriate, the manner in which the customer shall be consulted informed before updates are introduced that would be to the detriment of the parameters of the original energy efficiency label, according to subparagraph (ca) of paragraph 1 of Article 3;

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

act. implementing act; revision of the [ ] implementing act;

(p) where appropriate, differences in Agreed text energy performances in different p) where appropriate, climatic regions; differences in energy performances in different climatic regions; (q) that the model identifier shall be Deleted, since the model accessible both to customers and identifier is available via the national authorities. public part of the database.

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Agreed text necessary to reflect the empowerment in Article 3(1a)(da) (r) as regards the requirement of keeping information in the compliance part of the database in Article 3(1)(da), a data conservation period shorter than 15 years, where appropriate in relation to the average life span of the product.

For the content of the label as Deleted (moved to the definition of Moved to point (b) above Acceptable 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.

For the format of references referred For the format of references referred For the format of references referred to in Merged with point (m) above 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 Council text is deleted. be adopted in accordance with the examination procedure referred to in Article 12a(2).

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Agreed text (3aa). The Commission shall adopt a separate delegated act for each specific product group.When the Commission decides on the timing for the adoption of the delegated act for a specific product group, it shall not delay its adoption on grounds related to the adoption of another delegated act concerning another specific product group, unless exceptional circumstances warrant otherwise.

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

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The Commission shall be empowered The Commission is empowered to See Article 8(7) Deleted 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 in accordance with Article 13. product database, including any

obligations on suppliers and dealers. Regarding information referred to Covered by the compromise in in point (g) of the first Article 8 and Article 12(2) point subparagraph, in order to ensure (g). proper safeguarding of confidential information and technical documentation, those delegated acts shall specify the information that is to be uploaded in the product database and what information to be available on the request of national authorities and the Commission.

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Amendment 74 Article 12 - paragraph 3a (new) 3a. The Commission shall keep an Agreed text updated inventory of all delegated 3a. The Commission shall keep acts supplementing this Regulation an updated inventory of all and those developing the Ecodesign delegated and implementing Directive 2009/125/EC i, including acts under this Regulation and complete references to all those the measures developing harmonised standards that satisfy the Ecodesign Directive the relevant measurement and 2009/125/EC, including calculation methods, as of Article 9, complete references to all and it shall make it publicly relevant harmonised standards. available.

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• 4. 

  By way of derogation from Council text is deleted. 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 Council text is deleted. those implementing acts shall follow the procedure set out in paragraphs 1 to 3. Article 12a Article 12a Committee procedure Committee procedure

• 1. 

  The Commission shall be 1. The Commission shall assisted by a committee. That be assisted by a committee. That committee shall be a committee within committee shall be a committee the meaning of Regulation (EU) No within the meaning of 182/2011. [ ] This committee shall be Regulation (EU) No 182/2011 i. [ the committee referred to in Article 19 ] This committee shall be the of Directive 2009/125/EC i. committee referred to in Article 19 of Directive 2009/125/EC i. 2. Where reference is made to this 2. Where reference is made paragraph, Article 5 of Regulation to this paragraph, Article 5 of (EU) No 182/2011 shall apply. Regulation (EU) No 182/2011 i shall apply.

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Article 13 Article 13 Article 13 Exercise of the delegation Exercise of the delegation Exercise of the delegation

• 1. 

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

  Article. Amendment 75

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

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

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2a. It is of particular importance Agreed text that the Commission follow its usual (based on the practice and carry out consultations Interinstitutional Agreement with experts, including Member States' (IIA)): experts, before adopting those delegated acts. The consultation of 2a. Before adopting a Member States' experts shall take place delegated act, the Commission following the consultation pursuant to shall consult experts Article 10. designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 2016. The consultation of Member States' experts shall take place after 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 Agreed text referred to in Articles 7 and 12 may referred to in Articles 7, 8(4), 11(1) to in Article 11a [ ] may be revoked at 3. The delegations of be revoked at any time by the and 12 may be revoked at any time any time by the European Parliament or power referred to in Article 11a European Parliament or by the by the European Parliament or by the by the Council. A decision to revoke shall 7 and 12 [ ] may be revoked at Council. A decision to revoke shall Council. A decision to revoke shall put an end to the delegation of the power any time by the European put an end to the delegation of the put an end to the delegation of the specified in this Regulation. It shall take Parliament or by the Council. A power specified in this Regulation. It power specified in that decision. It effect the day following the publication of decision to revoke shall put an shall take effect the day following the shall take effect the day following the the decision in the Official Journal of the end to the delegation of the publication of the decision in the publication of the decision in the European Union or at a later date power specified in this Official Journal of the European Official Journal of the European specified therein. It shall not affect the Regulation. It shall take effect Union or at a later date specified Union or at a later date specified validity of any delegated acts already in the day following the publication therein. It shall not affect the validity therein. It shall not affect the validity force. of the decision in the Official of any delegated acts already in of any delegated acts already in Journal of the European Union force. force. or at a later date specified

therein. It shall not affect the validity of any delegated acts already in force.

Amendment 77 Article 13 - paragraph 3a (new) 3a. Before adopting a delegated Corresponds to para 2a above Acceptable, see paragraph 2a 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 5. A delegated act adopted pursuant to Articles 7 and 12 shall pursuant to Articles 7, 8(4), 11(1) to Article 11a [ ] shall enter into force pursuant to Article 11a 7 and 12 enter into force only if no objection and 12 shall enter into force only if only if no objection has been expressed [ ] shall enter into force only if has been expressed either by the no objection has been expressed either by the European Parliament or the no objection has been expressed European Parliament or the Council either by the European Parliament or Council within a period of two months of either by the European within a period of two months of the Council within a period of two notification of that act to the European Parliament or the Council within notification of that act to the months of notification of that act to Parliament and the Council or if, before a period of two months of European Parliament and the Council the European Parliament and the the expiry of that period, the European notification of that act to the or if, before the expiry of that period, Council or if, before the expiry of Parliament and the Council have both European Parliament and the the European Parliament and the that period, the European Parliament informed the Commission that they will Council or if, before the expiry Council have both informed the and the Council have both informed not object. That period may be extended of that period, the European Commission that they will not object. the Commission that they will not by two months at the initiative of the Parliament and the Council have That period may be extended by two object. That period shall be extended European Parliament or of the Council. both informed the Commission months at the initiative of the by two months at the initiative of the that they will not object. That European Parliament or of the European Parliament or of the period may be extended by two Council. Council. months at the initiative of the

  European Parliament or of the Council.

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Amendment 79 Article 14 - paragraph 1 Article 14 Article 14 Evaluation Evaluation and report

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

taking into account criteria such as on business. acts have allowed customers to its effect on business, energy choose more efficient products, consumption, greenhouse gases taking into account its impacts emissions, market surveillance on business, energy activities, and the cost to establish consumption, greenhouse gases and maintain the database. emissions, market surveillance activities, and the cost to The evaluation exercise conducted establish and maintain the under the first paragraph shall database. 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 2010/30 i/EU is with effect from 1 January 2017. Directive 2010/30 i/EU is repealed with repealed with effect from the

effect from 1 January 2017. date of entry into force of this Regulation. with effect from 1 January 2017.

• 2. 

  A delegated act adopted Council text is deleted. 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 Keep Council text 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 4. For models, units of placed on the market in accordance which were placed on the with Directive 2010/30 i/EU before the market in accordance with date of application of this Regulation, Directive 2010/30 i/EU before suppliers shall, for a period ending five the date of application of this years after the last product was Regulation, suppliers shall, for manufactured, make an electronic a period ending five years after version of the technical documentation the last [ ] unit was available for inspection within 10 days manufactured, make an of a request received from market electronic version of the surveillance authorities or the technical documentation Commission. 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 This Regulation shall enter into on the day following that of its the day following that of its publication in force on the fourth day publication in the Official Journal of the Official Journal of the European following that of its publication the European Union. Union. in the Official Journal of the

European Union.

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

It shall apply from the date of its entry into force.

Article 11a(2), Article 12(4) and Article Council text deleted 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 By way of derogation from the from 1 January 2019. shall apply as soon as the public January 2019. first subparagraph, Article 3(1a)

interface of the product database (a) shall apply from 1 January established pursuant to Article 8 is 2019. 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 Information and functional

product database product database, plus functional product database requirements to be included in

requirements the product database

• 1. 

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

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

  supplier's name or trademark; address, contact details and other trademark; address, contact details and other

  legal identification of the supplier; legal identification of the

  supplier; (aa) contact details of the Not acceptable Member State market surveillance authorities;

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

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

electronic format; electronic format;

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(ea) Member States' education Agreed text of paragraph 2: and information campaigns as 2. Information to be referred to in Article 4(4); included in the online portal by

the Commission: (a) contact details of Member State market surveillance authorities;

(eb) working-plan of the (b) working-plan pursuant to

Commission as referred to in Article Article 11;

11;

(ec) minutes of the Consultation (c) minutes of the Consultation

Forum; Forum;

(ed) inventory of delegated acts and (d) an inventory of delegated and harmonised standards applicable; implementing acts, transitional

measurement and calculation methods and applicable harmonised standards;

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Amendment 82 Annex I - title and point 2 2. Compliance information, 2. Information to be included 2. Compliance information, only 3. Information to be only available to Member States' in the compliance interface of the available to Member States' market included in the compliance part market surveillance authorities and database: surveillance authorities and the of the database by the supplier: the Commission: Commission: (a) the technical documentation (a) test report or similar (a) the technical documentation Delete, covered in point (c) specified in the applicable delegated conformity assessment specified in the applicable [ ] below. 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 Agreed text equivalent models; (aa) the model identifier of all equivalent models already placed on the market ;

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

(c) name and address of the (c) name, address and contact Delete, already included in the supplier; details of the supplier; public part

(c) the technical documentation (c) the technical referred to in point (c) of Article documentation as specified in 3(1) Article 8(3a).

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

authorities and Commission coordination; (cb) Member States' and Agreed text Commission's outcome of the The Commission shall provide a compliance checks and, if link to the Information and applicable, corrective action and Communication System on restrictive measures taken by the Market Surveillance (ICSMS), market surveillance authorities as which includes the outcome of referred to in Articles 5 and 6. compliance checks performed by Member States and provisional measures adopted.

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Amendment 83 Annex I - point 2a (new) 2a. Functional requirements for Agreed text: the public interface of the database: 4. Functional requirements for

the public part of the database: (a) each product model shall be (a) each product model shall be organised as an individual record; retrievable as an individual

record; (b) it shall enable consumers to Covered by the compromise in easily identify the best energy class Article 8 (5a) 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 Agreed text viewable and printable file the (b) it shall generate a single energy label of each product, as well viewable, downloadable and as the linguistic versions of the printable file of the energy label complete product information sheet, of each model, as well as the covering all the official languages linguistic versions of the of the Union; complete product information

sheet, in all official languages of the Union;

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(d) the information shall be (c) the information shall be machine readable, sortable and machine readable, sortable and searchable, respecting open searchable, respecting open standards for third party use, free of standards for third party use, charge; free of charge; (e) redundant registration shall be Moved to Article 8 automatically avoided;

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

Amendment 84 Annex I - point 2b (new) 2b. Functional requirements for the EP amendment falls, point 2b is compliance interface of the deleted. database:

(a) strict security arrangements for Covered by the compromise in the safeguarding of confidential Article 8(4) information shall be ensured;

(b) access rights shall be based on Covered by the compromises in the need-to-know principle; Article 8(4) (c) a link shall be provided to the Not acceptable Information and Communication

System on Market Surveillance

(ICSMS).

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Statement by the European Parliament, the Council and the Commission

on Articles 290 and 291 TFEU

"Recalling the Interinstitutional Agreement of 16 April 2016 on Better Law-Making, in particular, its paragraph 26, the European Parliament, the Council and the

Commission declare that the provisions of this Regulation shall be without prejudice to any future position of the institutions as regards the application of Articles 290 and 291 TFEU in other legislative files."

Commission statement on EP Amendment 96

In view of its ongoing efforts to strengthen the enforcement of Union harmonisation legislation for products, the Commission - in order to address potential

financial loss by consumers due to wrongly labelled products or inferior energy and environmental performance than labelled - should investigate whether compensation for consumers in case of non-compliance with regard to energy class displayed on the label can be addressed.

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