2008/0222(COD) | [ParlTrack]

Proposal for a directive
Article 9 – paragraph 4

4. Member States shall not provide incentives to products which do not meet ~~the minimum performa~~efficiencey levels ~~laid down~~corresponding to the highest labelling class for the products in question as defined in the applicable implementing measure.

Amendment 101 #

Proposal for a directive
Article 9 – paragraph 5 a (new)

5a. Member States shall use tax credits both for end-users using products of highest energy efficiency and for manufacturers who both produce and promote energy-related products, as well as the reduction or abolition of value added tax on materials and components which improve energy efficiency.

Amendment 102 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 4 a (new)

No later than 2010, the Commission shall carry out a feasibility study to examine whether the label through adoption of implementing measures should also provide information to end-users regarding the significant environmental impacts throughout the product’s entire life cycle.

Amendment 103 #

Proposal for a directive
Article 11 – paragraph 1 – subparagraph 4 b (new)

The Commission shall present to the Member States and the European Parliament, a list of priority products that have to be labelled before 2012, mainly based on their impact on energy consumption.

Amendment 104 #

Proposal for a directive
Article 11 – paragraph 2 – point c

(c) the Commission shall take into account relevant Community legislation and self- regulation, such as voluntary agreements, w~~hich are expected to achieve the policy objectives more quickly or at lesser expense than~~ith view to imposing mandatory requirements;

Amendment 105 #

Edit HERCZOG

Proposal for a directive
Article 11 – paragraph 3 – point c

Amendment 106 #

Proposal for a directive
Article 11 – paragraph 4 – point d

(d) the design and content of the label referred to in Article 4, which as far as possible shall have uniform design characteristics across product groups; and shall in all cases be clearly visible and legible, and at the same time retain as a basis the current design of the label, which shall be simple and recognisable;

Amendment 107 #

Proposal for a directive
Article 11 – paragraph 4 – point d

(d) the design and content of the label referred to in Article 4, which ~~as far as possible~~ shall have uniform design characteristics across product groups and shall retain the closed- scale A-G classification of energy standards of the label. The design shall also indicate its validity period, in line with the duration of the label classification specified in the relevant implementation measure;

Amendment 108 #

Proposal for a directive
Article 11 – paragraph 4 – point g

~~(g) for relevant products, the minimum performance levels and, where appropriate, a threshold higher than EUR 15 000 exclusive of VAT for the purposes of Article 9(1) and (3);~~deleted

Amendment 109 #

Proposal for a directive
Article 11 – paragraph 4 – point h

~~(h) for relevant products, the minimum performance levels for the purposes of Article 9(4);~~deleted

Amendment 110 #

Proposal for a directive
Article 11 – paragraph 4 – point i

~~(i) the specific content of the label for advertising, including, as appropriate, the energy class and other relevant performance level(s) of the given product in a legible and visible form;~~deleted

Amendment 111 #

Proposal for a directive
Article 11 – paragraph 4 – point j

(j) the duration of the label classification(s), wh~~ere appropriate~~ich shall be defined by reference to a maximum market share of products complying with the best performing labelling classes, and at any rate shall not exceed 3 years;

Amendment 112 #

Proposal for a directive
Article 11 – paragraph 4 – point j

(j) the duration of the label classification(s)~~, where appropriate;~~ and the next date of their review, which can not exceed a 3 year time period.

Amendment 113 #

Proposal for a directive
Article 11 a (new)

Article 11 a The Commission shall present to the Member States and the European Parliament, a list of priority products that have to be regulated before 2012, based on the significant potential for saving energy and other essential resource during use. Not later than 2010, the Commission shall carry out a feasibility study to examine whether the energy-related products through adoption of implementing measures should also provide information to end-users regarding the significant energy and other essential resource impacts throughout the entire life cycle of a product.

Amendment 114 #

Proposal for a directive
Article 12 a (new)

Article 12a Amendment of Directive 98/27/EC In the Annex to Directive 98/27/EC of the European Parliament and of the Council of 19 May 1998 on injunctions for the protection of consumers’ interests, the following point shall be added: ‘14. Directive XX/XX/EC of the European Parliament and of the Council on the indication by labelling and standard product information of the consumption of energy and other resources by energy- related products (*).’;

Amendment 115 #

Proposal for a directive
Annex I a (new)

Annex Ia Construction products covered by the scope of this Directive 1. The following construction products are covered by the scope of this Directive: - Windows; - Outer doors; 2. The Commission may in accordance with article 1(3) update point 1 of this Annex.

Amendment 38 #

Proposal for a directive
Recital 2

(2) The scope of Council Directive 92/75/EEC is restricted to household appliances; the Sustainable Consumption and Production and Sustainable Industrial Policy Action Plan has shown that the extension of the scope of the Directive to energy-related products ~~which have an impact on energy consumption during use,~~ could reinforce potential synergies between existing legislative measures, and in particular with Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council, and bring additional energy savings and environmental gains. Thus, where synergies are possible, every effort should be made to align the provisions of this Directive with Directive 2005/32/EC. However, since the two instruments remain distinct in their scope and aims, the measures taken under this Directive should by no means prejudice the application of Directive 2005/32/EC.

Amendment 39 #

Proposal for a directive
Recital 2

(2) The scope of Council Directive 92/75/EEC is restricted to household appliances; the Sustainable Consumption and Production and Sustainable Industrial Policy Action Plan has shown that the extension of the scope of the Directive to energy-related products, notably construction products, which have an impact on energy consumption during use, could reinforce potential synergies between existing legislative measures, and in particular with Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council, and bring additional energy savings and environmental gains.

Amendment 40 #

Proposal for a directive
Recital 2 a (new)

(2a) In order to promote a sustainable consumption and production policy in the Community, which aims at reducing the negative impact of consumption and production on the environment, health and natural resources, the life-cycle approach adopted in Regulation (EC) No 1980/2000 is important, and should be made mandatory. In such a case the information provided for under the current energy labelling scheme should be integrated in the Ecolabel. In the meanwhile, the energy label should be separate from the Ecolabel and the Commission should assess whether the current labelling scheme should be extended in order to cover, as appropriate, the use of energy and other essential resources during the life-cycle of a product.

Amendment 41 #

Proposal for a directive
Recital 2 b (new)

(2b) In order to promote energy efficiency and energy savings, it is further crucial that the EU and Member States make the 20% energy saving target by 2020 legally binding and propose and implement consistent measures to secure its achievement.

Amendment 42 #

Proposal for a directive
Recital 3

(3) The provision of accurate, relevant and comparable information on the specific energy consumption of energy-related products ~~may~~should influence the end-user'’s choice in favour of those products which consume or indirectly result in consuming less energy and other essential resources during use , thus prompting manufacturers to take steps to reduce the consumption of the energy and other essential resources of the products which they manufacture; it should also, indirectly, encourage the efficient use of these products in order to contribute to the 20% energy efficiency target in the EU. In the absence of this information, the operation of market forces alone will fail to promote the rational use of energy and other essential resources for these products.

Amendment 43 #

Proposal for a directive
Recital 3

(3) The provision of accurate, relevant and comparable information on the specific energy consumption of energy-related products ~~may~~could influence the end-user'’s choice in favour of those products which consume or indirectly result in consuming less energy and other essential resources during use , thus prompting manufacturers to take steps to reduce the consumption of energy and other essential resources of the products which they manufacture; it should also, indirectly, encourage the efficient use of these products. In the absence of this information, the operation of market forces alone will fail to promote the rational use of energy and other essential resources for these products.

Amendment 44 #

Proposal for a directive
Recital 3 a (new)

(3a) Given that buildings account for 40 % of the energy used in the EU and that the revision of the energy performance of buildings directive (2002/91/EC) aims at promoting cost-effective improvement of the overall energy performance of buildings, the inclusion in this context of certain energy-related construction products within the scope of this Directive will make it easier for private households to choose the most energy- and cost- efficient product when renovating their buildings.

Amendment 45 #

Proposal for a directive
Recital 3 b (new)

(3b) In order to ensure predictability for manufacturers and clarity for end-users, the Commission should update the list in Annex Ia of construction products that fall within the scope of this directive, and which consequently will be covered by the Member State’s implementation measures.

Amendment 46 #

Proposal for a directive
Recital 4

(4) Information plays a key role in the operation of market forces and it is therefore necessary to introduce a uniform label for all products of the same type, to provide potential purchasers with supplementary standardized information on those products'’ costs in terms of energy and the consumption of other essential resources and to take measures to ensure that potential end-users who do not see the product displayed, and thus have no opportunity to see the label, are also supplied with this information; in order to be efficient and successful, the label should be easily recognisable to end-users, simple and concise. To this end the energy consumption of and other information concerning the products should be measured in accordance with harmonized standards and methods. The closed-scale category labelling in form of letters A-G has proved successful among consumers and has contributed to driving the market towards more energy-efficient products; it should thus be retained and the criteria regularly updated, with view to enhancing its transparency and visibility.

Amendment 47 #

Proposal for a directive
Recital 4

(4) Information plays a key role in the operation of market forces and it is therefore necessary to introduce a uniform label for all products of the same type, to provide potential purchasers with supplementary standardized information on those products'’ costs in terms of energy and the consumption of other essential resources and to take measures to ensure that potential end-users who do not see the product displayed, and thus have no opportunity to see the label, are also supplied with this information; in order to be efficient and successful, the label should be easily recognisable to end-users, simple and concise. To this end the energy and water consumption of and other information concerning the products should be measured in accordance with harmonized standards and methods.

Amendment 48 #

Proposal for a directive
Recital 7

Energy-related products have an impact on the consumption of a wide variety of forms of energy during use, electricity and gas being the most important. This Directive should therefore cover energy- related products having an impact on the consumption of any form of energy.deleted

Amendment 49 #

Proposal for a directive
Recital 7

(7) Energy-related products have an impact on the consumption of a wide variety of forms of energy during use , electricity and gas being the most important. This Directive should therefore cover energy- related products having an impact on the consumption of any form of energy during use.

Amendment 50 #

Proposal for a directive
Recital 8

(8) Only energy-related products ~~which have a significant impact on consumption of~~, on the basis of their significant potential for saving energy or, where relevant, of essential resources during use ~~and~~, which afford adequate scope for increased efficiency should be covered by an implementing measure, when provision of information through labelling may stimulate end-users to purchase more efficient products. The impact on other essential resources shall be assessed in line with the implementing measure adopted under Directive 2005/32/EC with respect to that product, where such measure exists, and as appropriate.

Amendment 51 #

Proposal for a directive
Recital 8

(8) ~~Only e~~Energy-related products which have a significant direct or indirect impact on consumption of energy or, where relevant, of essential resources during use ~~and which afford adequate scope for increased efficiency~~ should be covered by an implementing measure, when provision of information through labelling may stimulate end-users to purchase more efficient products.

Amendment 52 #

Proposal for a directive
Recital 8 a (new)

(8a) Given that buildings account for 40% of EU energy consumption and that, in the context of its commitments in the Kyoto Protocol, the EU has set a target of improving its energy efficiency by 20% by the year 2020, it is essential to prioritise development of implementing measures for construction products, such as windows.

Amendment 53 #

Proposal for a directive
Recital 10

(10) ~~When laying down~~In connection with public procurement pro~~visions in implementing measures under this Directive, proportionate thre~~cedures the contracting authority should~~s in terms of value and volume of public procurement should be set, taking into account the administrative burden and enforceability of procurement rules for the Member States~~ be required to acquire energy-efficient products since they lead to medium-term savings in public expenditure;

Amendment 54 #

Proposal for a directive
Recital 11

(11) Incentives which Member States may provide for the promotion of efficient products might constitute state aid. This Directive does not prejudice the outcome of any future state aid procedure that may be undertaken in accordance with Articles 87 and 88 of the Treaty in their respect; . However, State aid for environmental protection, and in particular energy efficiency, is a priori presumed to be compatible with the internal market and in particular with the Community guidelines on State aid for environmental protection1, as energy efficiency is of Common European interest 1 OJ C 82, 1.4.2008, p. 1.

Amendment 55 #

Proposal for a directive
Recital 11

(11) Incentives which Member States may provide for the promotion of efficient products might constitute state aid. This Directive does not prejudice the outcome of any future state aid procedure that may be undertaken in accordance with Articles 87 and 88 of the Treaty in their respect;. However, State aid for environmental protection, and more particularly energy savings, serves a general interest and is a priori presumed to be compatible with the internal market pursuant to the Community guidelines on State aid for environmental protection1; 1 OJ C 82, 1.4.2008, p. 1

Amendment 56 #

Proposal for a directive
Recital 11

(11) In case the incentives, which Member States may provide for the promotion of efficient products ~~might~~, constitute state aid~~. T~~, this Directive does not prejudice the outcome of any future state aid procedure that may be undertaken in accordance with Articles 87 and 88 of the Treaty in their respect;

Amendment 57 #

Proposal for a directive
Recital 12 a (new)

(12a) The provisions of this Directive concerning the content of advertisement should only be considered as an extraordinary measure. These provisions should therefore not restrict advertising in any other way under any other Community legislation.

Amendment 58 #

Proposal for a directive
Recital 14

(14) Power should be conferred on the Commission to adopt implementing measures in respect of labelling and standard product information of the consumption of energy and other essential resources by energy-related products during use. Since those measures are of general scope and are designed to amend non-essential elements of this Directive by supplementing it, they shall be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC;

Amendment 59 #

Proposal for a directive
Recital 15 a (new)

(15a) When Member States implement the relevant provisions in this Directive, they should strive to refrain from measures that could impose unnecessarily bureaucratic and unwieldy obligations for small and medium-sized enterprises (SMEs), and, to the extent feasible, take into consideration the special needs as well as the financial and administrative limits of SMEs.

Amendment 60 #

Proposal for a directive
Article 1 – paragraph 1

1. This Directive establishes a framework for the harmonization of national measures on end-user information , particularly by means of labelling and of product information, on the consumption of energy and of other essential resources during use, and supplementary information concerning energy-related products , thereby allowing end-users to choose more efficient products.

Amendment 61 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive ~~shall apply to~~provides for the setting of requirements regarding the information to be provided to end-users on energy- related products which sha~~ve a significant impact on the consumption of~~ll be covered by the implementing measures on the basis of their significant potential for saving energy and, where relevant, on other essential resources during use. It shall complement, and in no way prejudice, the application of Directive 2005/32/EC.

Amendment 62 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive shall apply to energy- related products which have a significant direct or indirect impact on the consumption of energy and, where relevant, on other essential resources during use.

Amendment 63 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive shall apply to energy- related products, notably construction products, which have a significant impact on the consumption of energy and, where relevant, on other essential resources during use.

Amendment 64 #

Proposal for a directive
Article 1 – paragraph 2

2. This Directive shall apply to energy- related products which have a ~~significan~~direct impact on the consumption of energy and, where relevant, on other essential resources during use.

Amendment 65 #

Edit HERCZOG

Proposal for a directive
Article 1 – paragraph 3 – point b a (new)

(ba) parts, products or systems intended to be incorporated into bigger systems already covered by an energy performance legislation;

Amendment 66 #

Proposal for a directive
Article 1 – paragraph 3 – point c a (new)

(ca) Products intended for commercial users with a high degree of expert knowledge and/or manufactured by small, specialised undertakings.

Amendment 67 #

Paul RÜBIG

Proposal for a directive
Article 1 – paragraph 3 – point c a (new)

(ca) construction products.

Amendment 68 #

Proposal for a directive
Article 1 – paragraph 3 a (new)

3a. By June 30 2010 the Commission shall update the list in Annex Ia of construction products that are deemed to be energy-related in the context of this Directive.

Amendment 69 #

Proposal for a directive
Article 2 – indent 1 a (new)

- construction product: an energy-related product used in the construction and/or renovation of buildings, and covered by Annex Ia of this Directive;

Amendment 70 #

Proposal for a directive
Article 2 – indent 3

~~- "~~– ‘other essential resources"’ means water, chemicals or any other substance consumed by a product in normal use, identified as significant in line with the implementing measure adopted pursuant to Directive 2005/32/EC with respect to that product, where such measure exists, and as appropriate;

Amendment 71 #

Werner LANGEN

Proposal for a directive
Article 2 – indent 3

– "‘other essential resources"’ means water, ~~chemicals~~raw materials, land use or any other substance consumed by a product in normal use;

Amendment 72 #

Proposal for a directive
Article 2 – indent 4

- "‘supplementary information"’ means other information concerning the performance and features of a product , which relate to, or are helpful in evaluating, its use of energy or other res~~sential resources~~ources, based on the measurable data;

Amendment 73 #

Proposal for a directive
Article 2 – indent 5 a (new)

- ‘direct impact’ means the impact of products that actually consume energy;

Amendment 74 #

Proposal for a directive
Article 2 – indent 5 b (new)

- ‘indirect impact’ means the impact of products that do not consume energy, but contribute to energy savings whereby the evaluation of the performance of these products shall be based on objective and independent parameters that do not present a climatic variation;

Amendment 75 #

Proposal for a directive
Article 2 – indent 7 a (new)

- ‘end-user’ means the legal or natural person who uses the product for professional or personal purposes. Private consumers and groups of consumers shall be covered by this term. When purchasing energy-related products, public authorities shall also be regarded as ‘end- users’ for the purposes of this Directive.

Amendment 76 #

Proposal for a directive
Article 3 – paragraph 1 – point b

(b) with respect to products covered by this Directive, the display of other labels, marks, symbols or inscriptions which do not comply with the requirements of this Directive and of the relevant implementing measures is prohibited, if such display is likely to mislead or confuse end-users with respect to the consumption of energy or, where relevant, other essential resources during use;

Amendment 77 #

Proposal for a directive
Article 3 – paragraph 1 – point c

(c) the introduction of the system of labels and fiches concerning energy consumption or conservation is accompanied by educational and promotional information campaigns aimed at encouraging more responsible use of energy by end-users;deleted

Amendment 78 #

Proposal for a directive
Article 3 – paragraph 2

2. Where a Member State ascertains that a product does not comply with all the relevant requirements set out in this Directive and its implementing measures for the label and the fiche, the ~~supplier shall be oblig~~Member State shall test three more products of the same type. The cost of the test shall be covered by the manufacturer of the specific product. In the case that non compliance is confirmed, t~~o make the product~~he Member State shall ask the supplier to recall the product from the end-user and indemnify him/her. The supplier shall also withdraw the product from the market until it becomes compliant with those requirements under the conditions imposed by the Member State. Where there is sufficient evidence that a product may be non-compliant, the Member State concerned shall take the necessary preventive measures~~. Where non-compliance continues~~ within a precise timeframe, taking into account the nature of the product and its energy consumption. In case of persisting non-compliance, the Member State shall take a decision restricting or prohibiting the placing on the market and/or putting into service of the product in question or ensuring that it is withdrawn from the market. In cases of withdrawal of the product from the market or prohibition to place the product on the market, the Commission and the other Member States shall be immediately informed.

Amendment 79 #

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1

2. Where a Member State ascertains that a product does not comply with all the relevant requirements set out in this Directive and its implementing measures for the label and the fiche, the supplier or whoever places the product on the market shall be obliged to make the product compliant with those requirements under the conditions imposed by the Member State. National competent authorities shall regularly exchange information on the products which have been found non- compliant. As to the products which have already been purchased, consumers will have the rights already prescribed in Directives 85/577/EEC on contracts negotiated away from business premises, 97/7/EC on distance contracts and 1999/44/EC on consumer sales and guarantees, including compensation or exchange of the product. The same rights shall be granted to end- users, insofar as this Directive applies.

Amendment 80 #

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 1

2. Where a Member State ascertains that a product does not comply with all the relevant requirements set out in this Directive and its implementing measures for the label and the fiche, the supplier shall be obliged to make the product compliant with those requirements under the conditions imposed by the Member State that shall be effective, proportionate and dissuasive.

Amendment 81 #

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 2

Where there is sufficient evidence that a product may be non-compliant, the Member State concerned shall take the necessary preventive ~~measures.~~ and conformity measures (e.g. by means of regular on- the-spot checks, financial penalties and other measures) and should refer evidence of non-compliance to the Commission for initial action.

Amendment 82 #

Proposal for a directive
Article 3 – paragraph 2 – subparagraph 3

Where non-compliance continues, the Member State shall take a decision restricting or prohibiting the placing on the market and/or putting into service of the product in question or ensuring that it is withdrawn from the market~~. In cases of withdrawal of the product from the market or prohibition to place the product on the market,~~, provided that any such decision is taken after notification to and coordination with the Commission and the other Member States ~~shall be immediately informed~~.

Amendment 83 #

Proposal for a directive
Article 4 – point 1

(1) information relating to the consumption of electric energy, other forms of energy and other essential resources during use, and supplementary information is , in accordance with implementing measures pursuant to this Directive, brought to the attention of end-users by means of a fiche and a label related to products offered for sale, hire, hire-purchase or displayed to end-users directly or indirectly by any means of distance selling including the internet;

Amendment 84 #

Proposal for a directive
Article 4 – point 2

(2) the information referred to in paragraph 1 shall be provided in respect of built-in or installed products ~~only~~ where required by the applicable implementing measure;

Amendment 85 #

Jorgo CHATZIMARKAKIS

Proposal for a directive
Article 4 – point 2 a (new)

(2a) any technical promotional literature of energy-related products which describes the specific technical parameters of a product, i.e. technical manuals and manufacturers’ brochures, be it printed or offered in the Internet shall provide end users with the necessary information regarding energy consumption or shall include a reference to the energy label of the product;

Amendment 86 #

Proposal for a directive
Article 4 – point 2 a (new)

(2a) any advertisement of energy related products covered by an implementing measure under this Directive, shall provide end-users with the necessary information regarding energy consumption and namely include a reference to the energy label of the product;

Amendment 87 #

Proposal for a directive
Article 4 – point 2 a (new)

(2a) an advertisement for a specific model of energy related products may, where technically feasible, provide end-users with the necessary information regarding energy consumption or energy saving or may include a reference to the energy label of that model;

Amendment 88 #

Proposal for a directive
Article 4 – point 2 a (new)

(2a) any advertisement of energy-related products where technical specifications are disclosed must also provide end-users with the necessary information regarding energy consumption or energy performance of the product in question;

Amendment 89 #

Silvia-Adriana ȚICĂU

Proposal for a directive
Article 5 – point 1

(1) suppliers placing on the market or putting into service products covered by an implementing measure supply a label and a fiche in accordance with this Directive and the implementing measure. This label must appear in all product advertisements.

Amendment 90 #

Proposal for a directive
Article 5 – point 5

(5) in addition to the labels, suppliers provide a product fiche ~~with each product~~.

Amendment 91 #

Proposal for a directive
Article 5 – point 6

(6) suppliers include a product fiche in all product brochures. Where product brochures are not provided by the supplier, the supplier supplies fiches ~~with~~by other ~~literature provided with the product~~printed means.

Amendment 92 #

Silvia-Adriana ȚICĂU

Proposal for a directive
Article 6 – point 1

(1) dealers display labels properly and make the fiche available in the product brochure or other literature that accompanies products when advertised and sold to end- users.

Amendment 93 #

Proposal for a directive
Article 9 – paragraph 1

1. Contracting authorities which conclude public supply, works or services contracts as referred to in Directive 2004/18/EC of the European Parliament and of the Council, which are not excluded by virtue of Articles 12 to 18 of that Directive, shall ~~not~~ procure products ~~which do not meet the minimum performance levels laid down~~of no lower efficiency classes than those corresponding to the highest labelling class for the products in question as defined in the applicable implementing measure.

Amendment 94 #

Proposal for a directive
Article 9 – paragraph 1

1. Contracting authorities which conclude public supply, works or services contracts as referred to in Directive 2004/18/EC of the European Parliament and of the Council, which are not excluded by virtue of Articles 12 to 18 of that Directive, shall not procure products which do not meet the minimum performance levels laid down in the applicable implementing measure, and in any case never products labelled below the three best classes available in the market at the particular period of time.

Amendment 95 #

Proposal for a directive
Article 9 – paragraph 1

1. Contracting authorities which conclude public supply, works or services contracts as referred to in Directive 2004/18/EC of the European Parliament and of the Council, which are not excluded by virtue of Articles 12 to 18 of that Directive, ~~shall not procure products which do not meet the~~must in seeking the most economically advantageous tender under Article 53 of the directive, take into account minimum performance levels laid down in the applicable implementing measure.

Amendment 96 #

Werner LANGEN

Proposal for a directive
Article 9 – paragraph 3

3. Paragraph 1 shall apply to contracts having a value exclusive of value-added tax (VAT) estimated to be equal or greater than EUR 15000. Implementing measures may set the threshold at a higher value than EUR 15000 exclusive of VAT, taking into account normal purchase prices and volumes.deleted

Amendment 97 #

Proposal for a directive
Article 9 – paragraph 3

3. Paragraph 1 shall apply to contracts having a value exclusive of value-added tax (VAT) estimated to be equal or greater than EUR 15000. ~~Implementing measures may set the threshold at a higher value than EUR 15000 exclusive of VAT, taking into account normal purchase prices and volumes.~~

Amendment 98 #

Silvia-Adriana ȚICĂU

Proposal for a directive
Article 9 – paragraph 3

3. Paragraph 1 shall apply to contracts having a value exclusive of value-added tax (VAT) estimated to be equal or greater than EUR 15 000. Implementing measures may set the threshold at a higher value than EUR 15 000 exclusive of VAT, but no more than EUR 5 000 exclusive of VAT, taking into account normal purchase prices and volumes.

Amendment 99 #