52 Amendments of Renata BRIANO related to 2015/0149(COD)
Amendment 13 #
Proposal for a regulation
Recital 1
Recital 1
(1) The European Union is committed to building an Energy Union with a forward looking climate policy. Energy efficiency is a crucial element of the European Union's 2030 Climate and Energy Policy Framework and is key to moderate energy demand and containment of greenhouse gas emissions.
Amendment 17 #
Proposal for a regulation
Recital 7
Recital 7
(7) Improving the efficiency of energy- related products through informed consumer choice benefits the Union economy overall, drives innovation and will contribute to the achievement of the Union's 2020 and 2030 energy efficiency targets and its environmental and climate action objectives. It will also allow consumers to save money by reducing household energy consumption.
Amendment 20 #
Proposal for a regulation
Recital 8
Recital 8
(8) The conclusions of the European Council of 23 and 24 October 2014 set an indicative target at Union level of at least 27% for improving energy efficiency in 2030 compared to projections of future energy consumption. This target will be reviewed by 2020 having in mind an Union level of 30%. They also set a binding EU target of at least 40% domestic reduction in greenhouse gas emissions by 2030 compared to 1990, including a 30% reduction of emissions in non-ETS sectors. The European Parliament has called in several resolutions for binding climate and energy targets for 2030, including a CO2 emissions reduction of at least 40 %, as well as target levels of at least 30 % from renewables and 40 % from energy efficiency, to be achieved through individual national objectives.
Amendment 22 #
Proposal for a regulation
Recital 9
Recital 9
(9) The provision of accurate, relevant and comparable information on the specific energy consumption of energy-related products facilitates the customer's choice in favour of those products which consume less energy and other essential resources during use. A standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy-related products. It should be supplemented with a product information sheet. The label should be easily recognisable, simple and concise. To this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products. A classification using letters from A to G has shown to be most effective for customers. In situations where, because of ecodesign measures under Directive 2009/125/EC, products can no longer fall into classes 'F' or 'G'ertain classes, those classes should not be shown on the label. For exceptional cases this should also be extended to the 'D' and 'E' classes, although this situation is unlikely to occur given that the label would be rescaled once a majority of product models falls into the top two classes using a distinct format and colour.
Amendment 29 #
Proposal for a regulation
Recital 11
Recital 11
(11) Manufacturers respond to the energy label by creating ever more efficient products. This technological development leads to products populating mainly the highest classes of the energy label. Further product differentiation may be necessary to allow customers a proper comparison, leading to the need to rescale labels. For the frequency of such rescaling a timescale of approximately ten yearsten years at the most would be appropriate, taking into account the need to avoid over burdening manufacturers, reflecting the different levels of energy efficiency, in line with the technological advancement of each product group throughout the entire distribution cycle. This Regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers. A newly rescaled label should have empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised. When a label is rescaled, confusion to customers should be avoided by replacing all energy labels within a short timeframe.
Amendment 34 #
Proposal for a regulation
Recital 13
Recital 13
(13) It is necessary to provide for a clear and proportionate distribution of obligations corresponding to the role of each operator in the supply and distribution process. Economic operators should be responsible for compliance in relation to their respective roles in the supply chain and should take appropriate measures to ensure that they only make available on the market products which are in conformity with this Regulation and its delegated acts. The supervisory authorities should carry out spot checks on energy product conformity with the requirements of this Regulation.
Amendment 35 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure legal certainty, it is necessary to clarify that rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 of the European Parliament and of the Council12 apply to energy-related products. Given the principle of free movement of goods, it is imperative that the market surveillance authorities of the Member States cooperate with each other effectively through ongoing exchanges of information, particularly regarding the outcome of product conformity assessments and the marketing or withdrawal from the market of certain products. Such cooperation on energy labelling should be reinforced through support by the Commission. __________________ 21 OJ L 218, 13.8.2008, p. 30.
Amendment 37 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to facilitate the monitoring of compliance and to provide up-to-date market data for the regulatory process on revisions of product-specific labels and information sheets, suppliers should provide their product compliance information electronically in a database established by the Commission. The information should be made publicly available to provide information for customers and to allow for alternative ways for dealers to receive labels, suppliers being required to provide them with labels promptly and free of charge. Market surveillance authorities should have access to the information in the database.
Amendment 40 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In order to check compliance with harmonised rules for the calculation and measurement of product standards, provision should be made for checks by the supervisory authorities to verify product conformity with the requirements of this Regulation; these tests should, moreover, be carried out in such a way as to reflect real conditions of product use and design features intended to falsify test results should be specifically prohibited.
Amendment 43 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Ecodesign has achieved significant results in terms of improving energy efficiency and energy consumption of products, and thereby decreasing household energy costs and consumption and reducing greenhouse gas emissions. The list of products covered by this legislation therefore needs to be extended and all resource efficiency characteristics should be included, as soon as possible, in mandatory product design requirements, by determining horizontal requirements which should relate to, amongst other things, the durability of products and the extent to which they can be repaired, reused or recycled.
Amendment 59 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(11a) 'Product groups' means all energy- related products with the same functionality and, in the case of multipurpose energy-related products, having the same main functionality or the same set of main functionalities;
Amendment 62 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) 'Rescale' means a periodic exercise to make more stringent the requirements for achieving the energy class on a label for a particular product, which, for existing labels may imply the deletion of certain energy classes;
Amendment 66 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) 'Supplementary information' means information on the functional and, environmental and resource-efficient performance of an energy- related product, such as, for example, its absolute energy consumption or, durability, the extent to which it can be repaired, or its recycled material content, which is based on data that are measurable by market surveillance authorities, is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers.
Amendment 83 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
Article 3 – paragraph 2 – point b – introductory part
(b) they shall, where they do not have a label or a rescaled label, subject to the requirement incumbent on suppliers to provide them with labels promptly and free of charge:
Amendment 98 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Energy-related products with energy labels shall be subject to spot checks, to be carried out periodically for each product group by the national surveillance authorities on the basis of harmonised standards, in order to assess their compliance with the requirements of this Regulation and its delegated acts. In addition, the surveillance authorities shall, through spot checks, ascertain whether all the energy products referred to in this Regulation are actually registered in the database established pursuant to Article 8.
Amendment 99 #
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. The Commission shall adopt delegated acts in accordance with Article 13 to lay down rules aimed at harmonising at Union level the implementation of tests by the national surveillance authorities, establishing a timetable and arrangements for conducting the tests. The tests shall in any case reflect the real conditions of use of the products.
Amendment 100 #
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. It shall be expressly prohibited to design products with the aim of altering the test results and thus of defrauding the surveillance authorities.
Amendment 102 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where the market surveillance authorities consider that there is any non-compliance is not restricted to their national territory, they shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have required the supplier to take.
Amendment 110 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. When, for a given product group, no models belonging to specific energy classes D, E, F or G are allowed to be placed on the market any more because of an implementing measure adopted under Directive 2009/125/EC, the class or classes in question shall no longer be shown on the label in a visibly different format and colour.
Amendment 116 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall ensure that, when a label is introduced or rescaled, the requirements are laid down so that no products are expected to fall in energy classes A or B at the moment of the introduction of the label and so thatoutcome of the rescaling process provides consumers with the most comprehensive and effective information possible on the energy performance of the various products. To this end, having assessed the individual product groups on the basis of their potential degree of technological innovation, the Commission shall determine whether, on completion of the rescaling process, to leave the first two classes, or only the first class, empty or whether to use the esntimated time within which a majority of modelsre scale from A to G. The relevant requirements shall be laid down in such a way as to ensure that 30% of the products are unlikely to falls into those classes shall be at least ten years later. energy class A within a period of 10 years.
Amendment 124 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Labels shall be re-scaled periodically, on the basis of a prior assessment of individual product groups, at intervals of no more than ten years or where 30% of the products sold within a given product group fall into the next higher class.
Amendment 135 #
Proposal for a regulation
Article 7 – paragraph 5 – point b a (new)
Article 7 – paragraph 5 – point b a (new)
(ba) the graphics used on the rescaled label shall be visibly different from those used on the old label. The Commission shall ensure that a communications campaign is conducted by the Member States, in accordance with Article 4(4).
Amendment 145 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall establish and maintain a product database including the information referred to in Annex I. The information listed under point 1 of Annex I shall be made publicly available. The information listed under point 2 of Annex I shall be made available only to the Commission and the national surveillance authorities, who shall ensure that it remains confidential.
Amendment 168 #
Proposal for a regulation
Annex I – part 1 – point e a (new)
Annex I – part 1 – point e a (new)
(ea) additional information.
Amendment 182 #
Proposal for a regulation
Recital 1
Recital 1
(1) The European Union is committed to building an Energy Union with a forward looking climate policy. Energy efficiency is a crucial element of the European Union’s 2030 Climate and Energy Policy Framework and is key to moderate energy demand and limit greenhouse gas emissions.
Amendment 199 #
Proposal for a regulation
Recital 7
Recital 7
(7) Improving the efficiency of energy- related products through informed consumer choice benefits the Union economy overall, drives innovation and will contribute to the achievement of the Union’s 2020 and 2030 energy efficiency targets as well as achievement of the EU’s environmental and climate action targets. It will also allow consumers to save money by reducing household energy bills.
Amendment 203 #
Proposal for a regulation
Recital 8
Recital 8
(8) The conclusions of the European Council of 23 and 24 October 2014 set an indicative target at Union level of at least 27% for improving energy efficiency in 2030 compared to projections of future energy consumption. This target will be reviewed by 2020 having in mind an Union level of 30%. They also set a binding EU target of at least 40% domestic reduction in greenhouse gas emissions by 2030 compared to 1990, including a 30% reduction of emissions in non-ETS sectors. Parliament has, in a number of resolutions, called for binding 2030 climate and energy targets of at least 40% reduction in CO2 emissions, at least 30% for renewables and 40% for energy efficiency, to be implemented by means of individual national targets;
Amendment 212 #
Proposal for a regulation
Recital 9
Recital 9
(9) The provision of accurate, relevant and comparable information on the specific energy consumption of energy-related products facilitates the customer’s choice in favour of those products which consume less energy and other essential resources during use. A standardised mandatory label is an effective mean to provide potential customers with comparable information on the energy consumption of energy-related products. It should be supplemented with a product information sheet. The label should be easily recognisable, simple and concise. To this end the existing dark green to red colour scale of the label should be retained as the basis to inform customers about the energy efficiency of products. A classification using letters from A to G has shown to be most effective for customers. In situations where, because of ecodesign measures under Directive 2009/125/EC, products can no longer fall into classes ‘F’ or ‘G’ertain classes, those classes should notnetheless be shown on the label. For exceptional cases this should also be exten using a recognisable graphic format, in ordedr to the ‘D’ and ‘E’ classes, although this situation is unlikely to occur given that the label would be rescaled once a majmaintain a single scale from A to G for all categorityes of product models falls into the top two classes.
Amendment 242 #
Proposal for a regulation
Recital 11
Recital 11
(11) Manufacturers respond to the energy label by creating ever more efficient products. This technological development leads to products populating mainly the highest classes of the energy label. Further product differentiation may be necessary to allow customers a proper comparison, leading to the need to rescale labels. For the frequency of such rescaling a timescale of approximately ten yearsten years at the most would be appropriate, taking into account the need to avoid over -burdening manufacturers, reflecting the different levels of energy efficiency, in line with the technological advancement of each product group throughout the entire distribution cycle. This Regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers. A newly rescaled label should have empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised. When a label is rescaled, confusion to customers should be avoided by replacing all energy labels within a short timeframe.
Amendment 263 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure legal certainty, it is necessary to clarify that rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 of the European Parliament and of the Council21 apply to energy-related products. Given the principle of free movement of goods, it is imperative that the market surveillance authorities of the Member States cooperate with each other effectively through ongoing exchanges of information, particularly regarding the outcome of product conformity assessments and the marketing or withdrawal from the market of certain products. Such cooperation on energy labelling should be reinforced through support by the Commission. __________________ OJ L 218, 13.8.2008, p. 30.
Amendment 276 #
Proposal for a regulation
Recital 16
Recital 16
(16) In order to facilitate the monitoring of compliance and to provide up-to-date market data for the regulatory process on revisions of product-specific labels and information sheets, suppliers should provide their product compliance information electronically in a database established by the Commission. The information should be made publicly available to provide information for customers and to allow for alternative ways for dealers to receive labels, with suppliers being required to provide them with labels promptly and free of charge. Market surveillance authorities should have access to the information in the database.
Amendment 283 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) To ensure fair competition in the European Union, market surveillance authorities need to perform compliance monitoring also through product testing to verify if the declared product performance data for products is correct
Amendment 292 #
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) In order to check compliance with harmonised rules for the calculation and measurement of product standards, provision should be made for checks by the supervisory authorities to verify product conformity with the requirements of this Regulation; these tests should, moreover, be carried out so as to reflect real conditions of product use and design features intended to falsify test results should be specifically prohibited.
Amendment 297 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) Ecodesign has achieved significant results in terms of improving energy efficiency and energy consumption of products, thereby decreasing household energy costs and consumption and reducing greenhouse gas emissions. The list of products covered by this legislation therefore needs to be extended and all resource efficiency characteristics included, as soon as possible, in mandatory product design requirements, by determining horizontal requirements which should relate to, amongst other things, the durability of products and the extent to which they can be repaired, reused or recycled.
Amendment 336 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11 a (new)
Article 2 – paragraph 1 – point 11 a (new)
(11a) ‘Product groups’ means all energy- related products with the same functionality and, in the case of multipurpose energy-related products, having the same main functionality or the same set of main functionalities;
Amendment 352 #
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘Rescale’ means a periodic exercise to make more stringent the requirements for achieving the energy class on a label for a particular product, which, for existing labels may imply the deletion of certain energy classes;
Amendment 359 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20
Article 2 – paragraph 1 – point 20
(20) ‘Supplementary information’ means information on the functional and, environmental and resource-efficiency performance of an energy- related product, such as for example its absolute energy consumption or, durability, the extent to which it can be repaired and its recycled material content, which is based on data that are measurable by market surveillance authorities, is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers.
Amendment 411 #
Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
Article 3 – paragraph 2 – point b – introductory part
(b) they shall, where they do not have a label or a rescaled label;, and subject to the requirement incumbent on suppliers to provide them with labels promptly and free of charge:
Amendment 450 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall take all appropriate measures to ensure that suppliers and dealers comply with the obligations and requirements of this Regulation and of the relevant delegated acts. In order to prevent the database becoming an advantage for free-riders, Member States shall verify the correctness and completeness of the database and communicate the results to the EU Commission and to the other Member States. In order to assure the correctness, Member States' market surveillance authorities shall evaluate product performance through product testing for at least 5% of the product models available for sale in the respective country, per specific product category and annually. The test results shall be evaluated versus the data that has been provided by suppliers to the database. In order to assure the completeness, Member States' market surveillance authorities shall evaluate at least 20% of the product models available for sale in the respective country, per specific product category and annually, whether those products are registered in the database or not.
Amendment 485 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where the market surveillance authorities of one Member State have sufficient reason to believe that the information published on the label or the information sheet of an energy- related product covered by a delegated act under this Regulationdoes not comply with the requirements set out by a delegated act, and therefore could presents a risk to aspects of public interest protection covered by this Regulation, they shall carry out, they shall carry out, in accordance with Regulation 765/2008/EU, an evaluation in relation to the energy-related product concerned covering all the requirements laid down in this Regulation and its relevant delegated acts. The supplier shall cooperate as necessary with the market surveillance authorities for that purpose.
Amendment 490 #
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. The energy-related products with label should be subject to random testing. These tests should be made periodically for each group of products by the national supervisory authorities on the basis of harmonised standards, in order to assess their compliance with the requirements of this Regulation and its delegated acts. The supervisors shall also verify, through random checks, that all energy products referred to in this Regulation are actually registered in the database established under Article 8.
Amendment 491 #
Proposal for a regulation
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. The Commission shall adopt through a delegated act in accordance with Article 13 of this Regulation, rules designed to harmonise at European level the implementation of tests conducted by national supervisory authorities, setting deadlines and methods in which the tests have to be carried out. The tests should in any case reflect the real conditions of use of the products.
Amendment 492 #
Proposal for a regulation
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. It is strictly forbidden to design products aimed at altering the test results in order to defraud market surveillance authorities.
Amendment 501 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where the mMarket surveillance authorities consider that non-compliance is not restricted to their national territory, they shall inform the Commission and the other Member States of the results of the evaluation and of the actions which they have required the supplier to take.
Amendment 525 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. When, for a given product group, no models belonging to energy classes D, E, F or G are allowed to be placed on the market any more because of an implementing measure adopted under Directive 2009/125/EC, the class or classes in question shall no longer be shown on the labelIn situations where, because of ecodesign measures under Directive 2009/125/EC, products can no longer fall into certain classes, those classes should nonetheless be shown on the label using a recognisable graphic format, in order to maintain a single scale from A to G for all categories of product.
Amendment 530 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The Commission shall ensure that, when a label is introduced or rescaled, the requirements are laid down so that no products are expected to fall in energy classes A or B at the moment of the introduction of the label and so that the estimated time within which a majority of modelsconsumers are fully aware of the energy performances of the various products. For this reason, the Commission shall carry out a preparatory study with the aim of measuring if further technological and market development can be expected soon and the label requirements are laid down so that 30% of the products sold within the Union market are not expected to falls into those classes shall be at least the highest energy efficiency class within at least the following ten years later.
Amendment 549 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Labels shall be re-scaled periodicallyviewed periodically and re-scaled when technological progress in the relevant product group makes it appropriate, every ten year at the latest or when 30% of the products sold within the Union market fall in the highest energy efficiency class.
Amendment 583 #
Proposal for a regulation
Article 7 – paragraph 5 – point b a (new)
Article 7 – paragraph 5 – point b a (new)
(ba) The design of the rescaled label shall vary visibly from its predecessor. The European Commission shall ensure the development of a widespread communication and information campaigns to be rolled out by Member States in accordance with Article 4.4, aiming at informing consumers on the rescaled label and clarify that there is no downgrading in the general quality of the products.
Amendment 589 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. Labels introduced by delegated acts adopted in accordance with Article 10 of Directive 2010/30/EU before the date of application of this Regulation shall be considered as labels for the purposes of this Regulation. The Commission shall review those labels within five years of the entry into force of this Regulation with a view to rescaling them, when technological progress in the relevant product group makes it appropriate and 30% of the products sold in within the Union market fall in the highest energy efficiency class.
Amendment 603 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall establish and maintain a product database including the information referred to in Annex I. The information listed under point 1 of Annex I shall be made publicly available. In order to prevent the database becomes an advantage for free-riders, Member States market surveillance authorities shall evaluate at least 20% of the product models available for sale in the respective country, annually and per product category, to ensure that products are registered in the database.
Amendment 604 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
The Commission shall establish and maintain a product database including the information referred to in Annex I. The information listed under point 1 of Annex I shall be made publicly available; the information listed under point 2 of Annex I shall be made available only to the Commission and the national surveillance authorities, who shall ensure that the content of such information remains confidential.
Amendment 683 #
Proposal for a regulation
Annex I – part 1 – point e a (new)
Annex I – part 1 – point e a (new)
(ea) additional information