46 Amendments of Fredrick FEDERLEY related to 2015/0149(COD)
Amendment 15 #
Proposal for a regulation
Recital 4
Recital 4
(4) It is appropriate to replace Directive 2010/30/EU by a Regulation which maintains mainly the same scope, but modifies and enhances some of its provisions in order to clarify and update their content. A Regulation is the appropriate legal instrument as it imposes clear and detailed rules which do not give room for divergent transposition by Member States and ensures thus a higher degree of harmonisation across the Union. A harmonised regulatory framework at Union rather than at Member State level brings down costs for manufacturers and ensures a level playing field. Harmonisation across the Union ensures the free movement of goods across the Single Market.
Amendment 48 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down a framework on the indication by labelling and standard product information of the consumption of energy and other resources by energy- related products and cars during use and supplementary information concerning energy-related products and cars in order to allow customers to choose more efficient products.
Amendment 52 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) Means of transport for persons or goods other than thosecars and those means of transport operated by a stationary motor.
Amendment 183 #
Proposal for a regulation
Recital 1
Recital 1
(1) The European Union is committed to building an Energy Union with a forward looking energy and 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.
Amendment 188 #
Proposal for a regulation
Recital 2
Recital 2
(2) Energy efficiency labelling allows consumers to make informed choices with regard to energy consumption of products and thereby promotes innovation and gives an incentive to producers to develop more energy efficient products.
Amendment 211 #
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', 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 classeA uniform application of this A to G scale across products groups should raise transparency and understanding among customers.
Amendment 231 #
Proposal for a regulation
Recital 10
Recital 10
(10) Advances in digital technology allow for alternative ways of delivering and displaying labels electronically, such as on the internet, but also on electronic displays in shops. In order to take advantage of such advances, this Regulation should allow the use of electronic labels as replacement of or complementary to the physical energy label. In cases where it is not feasible to display the energy label, such as certain forms of distance selling and in advertisements and technical promotional material, potential customers should be provided at least with the energy class of the product.
Amendment 246 #
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 years would be appropriate, taking into account the need to avoid over burdening manufacturers and dealers. 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 and feasible timeframe.
Amendment 247 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The frequency of such rescaling should be determined by the percentage of products sold that fall in the top class and should take into account the need to avoid over burdening suppliers and dealers, as well as the speed of technological progress. A newly rescaled label shall have two empty top classes to encourage technological progress. In exceptional cases, where technology is expected to develop more slowly, the newly rescaled label shall have only one empty top class to take into account the time it takes to fill up the top class.
Amendment 253 #
Proposal for a regulation
Recital 12
Recital 12
(12) In the case of a rescaled label, suppliers should provide both the old and the rescaled labels to dealers during a certain period. Due to different stock and shelve life of different products groups, it is appropriate for this period to be determined by way of a delegated act. The replacement of the existing labels on products on display, including on the Internet, with the rescaled labels should take place as quickly as possible after the date of replacement specified in the delegated act on the rescaled label. Dealers should not display the rescaled labels before the date of replacement.
Amendment 255 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In order to take the burden for dealers into account during the relabeling process, dealers will be allowed to have only one clearly visible rescaled label present for a group of identical products. This would apply in cases when the label is printed on the packaging, such as in the case of lightbulbs, or when products are displayed together in a large quantity;
Amendment 257 #
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. In order to ensure legal certainty, it is necessary to clarify that online sales platforms, which act as a technical conduit for goods offered by dealers, shall not be considered to be suppliers or dealers within the meaning of articles 2 and 3 of this Regulation and are consequently not responsible for ensuring their users' compliance with their obligations under this Regulation.
Amendment 265 #
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. Such cooperation on energy labelling should be reinforced and incentivized through support by the Commission. __________________ 21 OJ L 218, 13.8.2008, p. 30. OJ L 218, 13.8.2008, p. 30.
Amendment 266 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Market surveillance authorities should share the outcome of their test results. Where up until now only infractions were communicated to other member states and the Commission, they should also communicate when a test result did not prove an infraction. This should avoid unnecessary double testing and result in a more efficient use of scarce resources. Eventually a European market surveillance authority should be established to optimise market surveillance in a cost-efficient manner.
Amendment 270 #
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. Market surveillance authorities should have access to the information in the databaseThe Commission shall set up a publicly accessible database with a range of freely available information. This will be open data so as to give app developers and other comparison tools the opportunity to use this information.
Amendment 282 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The Commission shall also set up and maintain an online portal that provides market surveillance authorities access to detailed product information on the servers of producers. The Commission and market surveillance authorities will have very targeted and narrowly defined access for specific queries, and they will not have the possibility to conduct open searches on these servers.
Amendment 291 #
Proposal for a regulation
Recital 19
Recital 19
(19) Energy consumption and other information concerning the products covered by product-specific requirements under this Regulation should be measured by using reliable, accurate and reproducible methods that take into account the generally recognised state-of- the-art measurements and calculation methods. These methods should simulate real-life use as close as possible. It is in the interests of the functioning of the internal market to have standards which have been harmonised at Union level. In the absence of published standards at the time of application of product-specific requirements the Commission should publish in the Official Journal of the European Union transitional measurement and calculation methods in relation to those product-specific requirements. Once a reference to such a standard has been published in the Official Journal of the European Union compliance with it should provide a presumption of conformity with measurement methods for those product- specific requirements adopted on the basis of this Regulation.
Amendment 331 #
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘Energy-related product’ means any good or system or service with an impact on energy consumption during use, which is placed on the market and put into service in the Union, including parts to be incorporated into energy-related products covered by this Regulation which are placed on the market and put into service; as individual parts for end-users and of which the environmental performance can be assessed independently;
Amendment 345 #
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘Label’ means a graphic diagram including, in printed or electronic form, including, amongst others, a classification using letters from A to G in seven different colours from dark green to red in order to show consumption of energy;
Amendment 351 #
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 356 #
Proposal for a regulation
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) 'Rescaled label' means a label based on a new design for a particular product that has undergone a rescaling exercise and is clearly distinguishable to the end-user from the previous label.
Amendment 409 #
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) they shall display in a visible manner, including in online sales, the label provided by the supplier or otherwise made available for a product covered by a delegated act;
Amendment 439 #
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) they shall make reference to the energy efficiency class of the product in anyvisual advertisements or technical promotional material for a specific model of products in accordance with the relevant delegated act;
Amendment 459 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure that the introduction of labels including rescaled labels and product information sheets is accompanied by educational and promotional information campaigns aimed at promoting energy efficiency and more responsible use of energy by customers, if appropriate in cooperation with dealers. The Commission shall support cooperation and the exchange of best practices in relation to these campaigns.
Amendment 464 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall shall lay down the rules on penalties and enforcement mechanisms applicable to infringements of the provisions of this Regulation and its delegated acts, and shall take all measures necessary to ensure that they are implemented. The penalties must be effective, proportionate and dissuasive and relative to the economic advantage of incompliance. Member States shall notify those provisions to the Commission by the date of application of this Regulation and shall notify without delay any subsequent amendment affecting them.
Amendment 466 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. The Commission shall assess used penalties and publish recommendations with the aim of creating a level playing field and having Member States impose penalties of the same impact to market players.
Amendment 470 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall support and incentivise cooperation and exchange of information on market surveillance of energy labelling of products among national authorities of the Member States responsible for market surveillance or external border controls and between such authorities and the Commission, including when test results indicated that the producer is in compliance with the relevant legislation.
Amendment 476 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The Commission may independently test the energy performance of products and verify compliance. The Commission may engage a third party for this purpose.
Amendment 488 #
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 an energy- related product covered by a delegated act under this Regulation presents a risk to aspects of public interest protection covered by this Regulation, they shall carry out an evaluation in relation to the 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 497 #
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 and upload the information in the product database.
Amendment 503 #
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 507 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Where the supplier does not take adequate corrective action within the period referred to in the paragraph 2, the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the energy-related product's being made available on their national market, to withdraw the energy- related product from that market or to recall it. The market surveillance authorities shall inform the Commission and the other Member States, without delay, of those measures, and shall upload the information in the product database.
Amendment 512 #
Proposal for a regulation
Article 6 – paragraph 10
Article 6 – paragraph 10
10. Where, on completion of the procedure set out in paragraphs 4 and 5, objections are raised against a measure taken by a Member State, or where the Commission considers a national measure to be contrary to Union legislation, the Commission shall without delay enter into consultation with the Member States and the supplier and shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide whether the national measure is justified or not, and may decide on an appropriate alternative measure.
Amendment 523 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
Amendment 534 #
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 downtechnological advancement of the product is taken into account 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 models. In the case of products where technology is expected to develop relatively slowly, no products are expected to falls into those classes shall be at least ten years later energy class A at the moment of the introduction of the label.
Amendment 548 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Labels shall be re-scaled periodicallywhen technological progress in the relevant product group makes it appropriate. The Commission shall carry out a preparatory study and shall consult the relevant stakeholders in advance with the aim of launching a label review process. It shall review the label once it: (a) estimates that 30 percent of the products sold within the Union market fall into the top energy class and further technological development can be expected soon; or (b) demonstrates that after the functioning of the existing label for eight years with the current division of classes, the conditions in point (a) are unlikely to be fulfilled within the following five years.
Amendment 554 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Labels shall be re-scaled periodically, but at the latest when it is estimated that in the previous year at least 25 percent of the products sold within the Union market fall into the top energy class.
Amendment 568 #
Proposal for a regulation
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
(a) suppliers shall provide both the current and the rescaled labels to dealers for a period of six months before the date specified in paragraph (b). for a period determined in the relevant delegated act
Amendment 580 #
Proposal for a regulation
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) dealers shall replace the existing labels on products on display including on the Internet with the rescaled labels within onetwo weeks following the date specified for that purpose in the relevant delegated act. Dealers shall not display the rescaled labels before that date.
Amendment 605 #
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. Tublicly accessible product database. This database shall contain the information listed under point 1 of Annex I shall be made publicly available.
Amendment 612 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
The Commission shall also establish and maintain an online portal which gives market surveillance authorities and the Commission access to the compliance information listed under point 2 of Annex I. Producers will keep this information on their servers in a manner which makes it possible for market surveillance authorities and the Commission through specific and targeted queries. This access shall only be used for market surveillance purposes. The Commission will ensure a sufficient level of security and the Commission and the market surveillance authorities shall ensure the safeguarding of confidential information.
Amendment 635 #
Proposal for a regulation
Article 12 – paragraph 2 – point c a (new)
Article 12 – paragraph 2 – point c a (new)
(ca) the Commission shall take into account relevant Union legislation and self-regulation, such as voluntary agreements, which are expected to achieve the policy objectives more quickly or at lesser expense than mandatory requirements.
Amendment 658 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point j
Article 12 – paragraph 3 – subparagraph 1 – point j
(j) the specific indication of the energy class to be included in visual advertisements and technical promotional material, including requirements for this to be in a legible and visible form;
Amendment 663 #
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point m
Article 12 – paragraph 3 – subparagraph 1 – point m
(m) the format of any additional references, such as QR codes, on the label allowing customers to access through electronic means more detailed information on the product performance included in the product information sheet;
Amendment 671 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
No later than eight years after the entry into force, the Commission shall assess the application of this Regulation and transmit a report to the European Parliament and the Council. That report shall assess how effectively this Regulation has allowed customers to choose more efficient products, taking into account criteria such as its impacts on business, the impact on total energy consumption, the cost of the database and the impact on the effectiveness of market surveillance authorities control activities.
Amendment 687 #
Proposal for a regulation
Annex I – part 2 – point b
Annex I – part 2 – point b