Explanatory Memorandum to COM(2012)109 - EU energy-efficiency labelling programme for office equipment - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2012)109 - EU energy-efficiency labelling programme for office equipment. |
|---|---|
| source | COM(2012)109  |
| date | 15-03-2012 |
Regulation (EC) No 106/2008 sets out the rules for implementing the Energy Star programme for office equipment (computers, displays, printers, copiers, scanners, etc.) in the European Union. The Energy Star programme is implemented in the EU on the basis of an Agreement between the Government of the United States of America and the European Community on the coordination of energy efficiency labelling programmes for office equipment[1]which expired in December 2011. On 12 July 2011 the Council adopted a Decision authorising the Commission to negotiate a new 5-year agreement and the negotiations were concluded on 29 November 2011. The purpose of this proposal for an amendment of Regulation (EC) 106/2008 is to adapt the implementation of the Energy Star programme to a new agreement. A proposal for a Council Decision for the signature and conclusion of the new Energy Star Agreement is presented to the Council with this proposal for an amendment of Regulation (EC) 106/2008.
Contents
The proposals for the new Agreement and the amendment of Regulation (EC) 106/2008 take into account the experience gained during the first two periods of implementation of the Energy Star programme in the EU from 2001 to 2010, as well as the consultations of the European Union Energy Star Board.
The detailed rationale for continuing the Energy Star Programme for a third period of five years is set out in the Communication on the implementation of the Energy Star Programme in the period 2006-2010[2], and in the Recommendation from the Commission to the Council to open negotiations for the second Energy Star Agreement. The main points are summarized hereinafter:
– Energy Star has been very effective in steering the office equipment market towards greater energy efficiency. It has succeeded in reducing the electricity consumption of office equipment sold in the last 3 years by around 11 TWh, i.e. by approximately 16 %. As a result more than EUR 1.8 bn have been saved on energy bills and 3.7 Mt of CO2 emissions have been avoided.
– It provides a flexible and dynamic policy framework, particularly well suited to fast-evolving products such as ICT.
– The EU and the US should continue to cooperate on developing product specifications with the same level of requirements being introduced at approximately the same time by both entities.
– Given the intention of the US to introduce third-party certification to the programme, the agreement should continue under two distinct product registration systems with self-certification applied in the EU and third-party certification applied in the US. The end of the mutual recognition principle is not expected to have a negative impact on manufacturers participating in the EU programme as they are focused primarily on the EU market.
– Manufacturers have indicated the requirement for central government authorities to purchase office equipment at least as efficient as Energy Star as the primary driver for their participation in the programme. Moreover, as a significant proportion of them participate in public tenders in Member States other than where they are established, a reinforcement of the provisions on public procurement should be considered. Additional rationale for strengthening the provisions on public procurement is provided in the Impact Assessment[3] accompanying the proposal for an Energy Efficiency Directive i.
– Although the available data shows a high degree of compliance, the Commission and the Member States should cooperate closely on the thorough enforcement of the programme and should review the effectiveness of this enforcement no later than 18 months after the conclusion of the agreement. In this connection the respective obligations of the Commission and the Member States regarding the enforcement of the programme should be clarified.
– The Commission will continue to monitor the impact of the changes proposed by the US and of the Energy Star Programme on energy savings, manufacturers and compliance. At least two years before the expiry of the new agreement it will analyse possible options for addressing the energy consumption of office equipment, including replacing Energy Star with alternative policy instruments.
3. LEGAL ASPECTS OF THE PROPOSAL
The primary purpose of this proposal for an amendment of Regulation (EC) 106/2008 is to adapt the implementation of the Energy Star Programme to the new Agreement between the Government of the United States of America and the European Union on the coordination of energy-efficiency labelling programmes for office equipment.
The only substantive amendment to the proposal is the deletion of Article 4 i of Regulation 106/2008, which states that 'Office equipment products for which use of the Common Logo has been granted by USEPA shall be deemed to comply with this Regulation, unless there is evidence to the contrary'. Until now the programme in the EU and the US has operated on the basis of self-certification by manufacturers. The success of the programme in the EU is considered to be partly based on such lightweight product registration procedures. However, the US has decided to move to third-party certification for products placed on the US market. Such an approach is not recommended for the EU market. It could negatively impact on the programme and place SMEs at a disadvantage in relation to big manufacturers. Thus under the new agreement the programme will have to function under two separate product-registration systems. Products placed on the EU market will need to be registered with the European Commission, while products placed on the US market will need to register through third parties accredited under the US Energy Star Programme. This means that the principle of mutual recognition will no longer be applicable:
Other amendments aim at updating the references to existing legislation (in Article 4) and to the new agreement (in Article 11), as well as updating the name of the Energy Star Board (in Article 8). Article 12 provides a clarification of the responsibilities of the Commission and Member States for the enforcement of the Programme. Article 4 and 7, as well as Article 13 and 14 are merged.
The Communication on the implementation of the Energy Star programme in the period 2006-2010 concluded that consideration should be given to strengthening the provisions on public procurement. However as a timely implementation of the Energy Star programme under the new agreement depends on the swift adoption of the amended regulation substantial changes in the text are not being proposed. Instead, the reinforcement of the public procurement provisions will be covered by the proposal for an Energy Efficiency Directive[5] which addresses public procurement in a comprehensive way. The amended Regulation should take into account the provisions on public procurement of this Directive.
The Commission will continuously monitor the impact of the changes proposed by the US and of the Energy Star Programme on energy savings, manufacturers and compliance. At least two years before the expiry of a new Agreement it will analyse possible future options for addressing the energy consumption of office equipment, including replacing Energy Star with alternative policy instruments.
The proposal aims at continuing the implementation of an existing programme and therefore has no impact on operational and administrative appropriations and on human resources.