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16.3.2018 |
EN |
Official Journal of the European Union |
C 101/182 |
P8_TA(2016)0304
Energy efficiency labelling ***I
Amendments adopted by the European Parliament on 6 July 2016 on the proposal for a regulation of the European Parliament and of the Council setting a framework for energy efficiency labelling and repealing Directive 2010/30/EU (COM(2015)0341 — C8-0189/2015 — 2015/0149(COD)) (1)
(Ordinary legislative procedure: first reading)
(2018/C 101/21)
Amendment 1
Proposal for a regulation
Recital 1
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Text proposed by the Commission |
Amendment |
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Amendment 2
Proposal for a regulation
Recital 2
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Text proposed by the Commission |
Amendment |
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Amendment 3
Proposal for a regulation
Recital 4
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Text proposed by the Commission |
Amendment |
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Amendment 4
Proposal for a regulation
Recital 4 a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 5
Proposal for a regulation
Recital 4 b (new)
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Text proposed by the Commission |
Amendment |
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Amendment 6
Proposal for a regulation
Recital 7
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Text proposed by the Commission |
Amendment |
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Amendment 7
Proposal for a regulation
Recital 8
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Text proposed by the Commission |
Amendment |
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deleted |
Amendment 8
Proposal for a regulation
Recital 9
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Text proposed by the Commission |
Amendment |
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Amendment 9
Proposal for a regulation
Recital 10
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Text proposed by the Commission |
Amendment |
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Amendment 10
Proposal for a regulation
Recital 11
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Text proposed by the Commission |
Amendment |
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Amendment 11
Proposal for a regulation
Recital 11 a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 12
Proposal for a regulation
Recital 14
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Text proposed by the Commission |
Amendment |
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Amendment 13
Proposal for a regulation
Recital 15
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Text proposed by the Commission |
Amendment |
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Amendment 14
Proposal for a regulation
Recital 15 a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 15
Proposal for a regulation
Recital 16
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Text proposed by the Commission |
Amendment |
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Amendment 16
Proposal for a regulation
Recital 16 a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 17
Proposal for a regulation
Recital 19
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Text proposed by the Commission |
Amendment |
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Amendment 18
Proposal for a regulation
Recital 20
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Text proposed by the Commission |
Amendment |
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Amendment 19
Proposal for a regulation
Recital 20 a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 20
Proposal for a regulation
Article 1 — paragraphs 1 and 2
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Text proposed by the Commission |
Amendment |
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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 during use and supplementary information concerning energy-related products in order to allow customers to choose more efficient products . |
1. This Regulation lays down a framework that applies to energy-related products and provides them with a label regarding energy efficiency, absolute consumption of energy and other environmental and performance characteristics. It allows customers to choose more energy-efficient products in order to reduce their energy consumption . |
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2. This Regulation shall not apply to: |
2. This Regulation does not apply to: |
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Amendment 21
Proposal for a regulation
Article 2 — paragraph 1 — point 6
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Text proposed by the Commission |
Amendment |
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Amendment 22
Proposal for a regulation
Article 2 — paragraph 1 — point 9
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Text proposed by the Commission |
Amendment |
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Amendment 23
Proposal for a regulation
Article 2 — paragraph 1 — point 10 a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 24
Proposal for a regulation
Article 2 — paragraph 1 — point 11
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Text proposed by the Commission |
Amendment |
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Amendment 25
Proposal for a regulation
Article 2 — paragraph 1 — point 13
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Text proposed by the Commission |
Amendment |
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Amendment 26
Proposal for a regulation
Article 2 — paragraph 1 — point 13 a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 27
Proposal for a regulation
Article 2 — paragraph 1 — point 17
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Text proposed by the Commission |
Amendment |
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Amendment 28
Proposal for a regulation
Article 2 — paragraph 1 — point 18
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Text proposed by the Commission |
Amendment |
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Amendment 29
Proposal for a regulation
Article 2 — paragraph 1 — point 19
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Text proposed by the Commission |
Amendment |
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Amendment 97
Proposal for a regulation
Article 2 –paragraph 1 — point 19 a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 30
Proposal for a regulation
Article 2 — paragraph 1 — point 20
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Text proposed by the Commission |
Amendment |
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Amendment 31
Proposal for a regulation
Article 2 — paragraph 1 — point 20 a (new)
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Text proposed by the Commission |
Amendment |
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Amendment 32
Proposal for a regulation
Article 3 — paragraph 1
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Text proposed by the Commission |
Amendment |
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1. Suppliers shall comply with the following : |
1. Suppliers shall: |
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Amendment 33
Proposal for a regulation
Article 3 — paragraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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1a. Suppliers shall not: |
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Amendment 34
Proposal for a regulation
Article 3 — paragraph 2
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Text proposed by the Commission |
Amendment |
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2. Dealers shall comply with the following : |
2. Dealers shall: |
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Amendments 35 and 86
Proposal for a regulation
Article 3 — paragraph 3
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Text proposed by the Commission |
Amendment |
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3. Suppliers and dealers shall comply with the following : |
3. Suppliers and dealers shall: |
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Amendment 36
Proposal for a regulation
Article 3 — paragraph 3 a (new)
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Text proposed by the Commission |
Amendment |
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3a. All general obligations regarding labels set out in paragraphs 1 to 3 shall apply equally to existing, new and rescaled labels. |
Amendment 37
Proposal for a regulation
Article 4 — paragraph 1
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Text proposed by the Commission |
Amendment |
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1. Member States shall not prohibit, restrict or impede the placing on the market or putting into service, within their territories, of energy-related products which comply with this Regulation and its relevant delegated acts . |
1. Member States shall not impede the placing on the market or putting into service, within their territories, of products which comply with this Regulation. |
Amendment 38
Proposal for a regulation
Article 4 — paragraph 2
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Text proposed by the Commission |
Amendment |
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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 . |
2. Member States shall take all appropriate measures to ensure that suppliers and dealers comply with the obligations and requirements of this Regulation. |
Amendment 39
Proposal for a regulation
Article 4 — paragraph 3
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Text proposed by the Commission |
Amendment |
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3. Where Member States provide any incentives for an energy-related product covered by this Regulation and specified in a delegated act, these shall aim at the highest class of energy efficiency laid down in the applicable delegated act. |
3. Where Member States provide any incentives for a product covered by this Regulation and specified in a delegated act, those incentives shall aim at the highest two populated classes of energy efficiency , as laid down in the applicable delegated act. |
Amendment 40
Proposal for a regulation
Article 4 — paragraph 4
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Text proposed by the Commission |
Amendment |
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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 . |
4. Member States shall ensure that the introduction and rescaling of labels is accompanied by educational and promotional information campaigns on energy labelling. |
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The Commission shall coordinate those campaigns, supporting close cooperation with suppliers and dealers and the exchange of best practices . |
Amendment 41
Proposal for a regulation
Article 4 — paragraph 5
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Text proposed by the Commission |
Amendment |
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5. Member States 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. 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. |
5. Member States shall lay down the rules on penalties and enforcement mechanisms applicable to infringements of the provisions of this Regulation, and shall take all measures necessary to ensure that they are implemented. The penalties shall be effective, proportionate and dissuasive , and proportionate to the economic advantage of non-compliance . 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 42
Proposal for a regulation
Article 5 — paragraph 2
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Text proposed by the Commission |
Amendment |
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2. The Commission shall support 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. |
2. The Commission shall encourage and coordinate cooperation and exchange of information on market surveillance of energy labelling regarding products covered by this Regulation among national authorities of the Member States responsible for market surveillance or in charge of the control of products entering the Union market and between them and the Commission by strengthening the Administrative Co-operation (‘ADCO’) Working Groups on Ecodesign and Energy . |
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Such exchanges of information shall also be conducted when test results indicate that the producer is in compliance with the relevant law . |
Amendment 43
Proposal for a regulation
Article 5 — paragraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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2a. By 1 January 2018, Member States shall establish and implement a market surveillance plan for monitoring the enforcement of the requirements of this Regulation. Member States shall review their market surveillance plans at least every three years. |
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By 1 January 2020 and thereafter on an annual basis, Member States shall draw up a report on market surveillance, evaluating compliance trends with this Regulation and with Directive 2009/125/EC. |
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Member States shall make the use of the Information and Communication System on Market Surveillance (ICSMS) compulsory for all national market surveillance authorities. |
Amendment 44
Proposal for a regulation
Article 5 — paragraph 2 b (new)
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Text proposed by the Commission |
Amendment |
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2b. National market surveillance authorities shall carry out physical product testing, covering at least one product group per year in accordance with the delegated acts adopted pursuant to this Regulation. |
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Market surveillance authorities shall inform the other Member States and the Commission of their planned and completed physical tests, through the compliance interface of the product database established pursuant to Article 8. |
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They shall use reliable, accurate and reproducible measurement procedures, pursuant to Article 9, aiming to simulate real-life conditions of use and excluding intentional or unintentional manipulation or alteration of the test results. |
Amendment 45
Proposal for a regulation
Article 5 — paragraph 2 c (new)
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Text proposed by the Commission |
Amendment |
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2c. Market surveillance authorities shall have the right to recover the costs of a physical product testing from suppliers in case of an infringement of this Regulation. |
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The Commission may check independently compliance, directly or through a third party. |
Amendment 46
Proposal for a regulation
Article 6 — paragraph 1
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Text proposed by the Commission |
Amendment |
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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 . |
1. Where the market surveillance authorities of one Member State have sufficient reason to believe that a product covered by a delegated act under this Regulation presents a risk to aspects of public interest protection covered by this Regulation, they shall immediately notify the Commission and carry out an evaluation in relation to the product model concerned, covering all the requirements laid down in this Regulation and the relevant delegated acts , also assessing whether it is advisable to extend the evaluation to other product models . The supplier shall cooperate as necessary with the market surveillance authorities. |
Amendment 47
Proposal for a regulation
Article 6 — paragraph 2
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Text proposed by the Commission |
Amendment |
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2. Where, in the course of that evaluation, the market surveillance authorities find that the energy-related product does not comply with the requirements laid down in this this Regulation and its relevant delegated acts , they shall without delay require the supplier to take all appropriate corrective action to bring the energy-related product into compliance with those requirements, to withdraw the energy-related product from the market, or to recall it within a reasonable period, commensurate with the nature of the risk, as they may prescribe . Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in this paragraph. |
2. Where in the course of that evaluation, the market surveillance authorities find that the product model does not comply with the requirements laid down in this Regulation, they shall require the supplier to take all appropriate corrective action to bring the product model into compliance without delay, and they may prescribe to withdraw the product model from the market, or to recall the units put into service within a reasonable period, commensurate with the nature of the risk, extending such measures to the equivalent models available on the market . Article 21 of Regulation (EC) No 765/2008 shall apply to the measures referred to in this paragraph. |
Amendment 48
Proposal for a regulation
Article 6 — paragraph 3
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Text proposed by the Commission |
Amendment |
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3. Where the market 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. |
3. The market surveillance authorities shall inform through the ICSMS the Commission and other Member States , of any results of the evaluation and of any actions which they have required the supplier to take pursuant to paragraph 2 . |
Amendment 49
Proposal for a regulation
Article 6 — paragraph 4
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Text proposed by the Commission |
Amendment |
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4. The supplier shall ensure that all appropriate corrective action is taken in respect of all the energy-related products concerned that it has made available on the market throughout the Union. |
4. The supplier shall ensure that any restrictive measure prescribed in accordance with paragraph 2 is taken, in respect of all the product models concerned that it has made available on the market throughout the Union. |
Amendment 50
Proposal for a regulation
Article 6 — paragraph 5
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Text proposed by the Commission |
Amendment |
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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 . |
5. Where the supplier does not implement the 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 making available of the product model on their national market or to withdraw or recall the product model from that market. The market surveillance authorities shall immediately notify the Commission and the other Member States of those measures, and shall upload the information in the compliance interface of the product database established pursuant to Article 8 . |
Amendment 51
Proposal for a regulation
Article 6 — paragraph 6
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Text proposed by the Commission |
Amendment |
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6. The information referred to in the paragraph 5 shall include all available details, in particular the data necessary for the identification of the non-compliant energy-related product, the origin of the energy-related product , the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the supplier. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to either failure of the energy-related product to meet requirements relating to aspects of public interest protection laid down in this Regulation or shortcomings in the harmonised standards referred to in Article 9 conferring a presumption of conformity. |
6. The notification referred to in paragraph 5 shall include all available details, in particular the data necessary for the identification of the non-compliant product, its origin, the nature of the non-compliance alleged and the risk involved, the nature and duration of the national measures taken and the arguments put forward by the supplier. In particular, the market surveillance authorities shall indicate whether the non-compliance is due to either failure of the product model to meet requirements relating to aspects of public interest protection laid down in this Regulation or to shortcomings in the harmonised standards referred to in Article 9 conferring a presumption of conformity. In this case, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012. |
Amendment 52
Proposal for a regulation
Article 6 — paragraph 7
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Text proposed by the Commission |
Amendment |
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7. Member States other than the Member State initiating the procedure shall without delay inform the Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of the energy-related product concerned, and, in the event of disagreement with the notified national measure, of their objections. |
7. Member States other than the Member State initiating the procedure shall without delay inform the Commission and the other Member States of any measures adopted and of any additional information at their disposal relating to the non-compliance of the product model concerned and, in the event of disagreement with the notified national measure, of their objections. |
Amendment 53
Proposal for a regulation
Article 6 — paragraph 8
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Text proposed by the Commission |
Amendment |
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8. Where, within 60 days of receipt of the information referred to in paragraph 5, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed justified. |
8. Where, within four weeks of the notification referred to in paragraph 5, no objection has been raised by either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall be deemed to be justified. |
Amendment 54
Proposal for a regulation
Article 6 — paragraph 9
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Text proposed by the Commission |
Amendment |
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9. Member States shall ensure that appropriate restrictive measures, such as withdrawal of the energy-related product from their market , are taken in respect of the energy-related product concerned, without delay . |
9. Member States shall ensure that parallel restrictive measures, proportionate to their specific national situation , are taken without delay in respect of the product model concerned, and shall inform the Commission accordingly . |
Amendment 55
Proposal for a regulation
Article 6 — paragraph 10
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Text proposed by the Commission |
Amendment |
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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. |
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 such national measure to be contrary to Union law , 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 which it shall decide whether the national measure is justified or not , and may propose an appropriate alternative measure . |
Amendment 56
Proposal for a regulation
Article 6 — paragraph 11
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Text proposed by the Commission |
Amendment |
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11. The Commission shall address its decision to all Member States and shall immediately communicate it to them and the supplier. |
11. The Commission shall address its decision to all Member States and shall immediately notify it to them and to the supplier concerned . |
Amendment 57
Proposal for a regulation
Article 6 — paragraph 12
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Text proposed by the Commission |
Amendment |
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12. If the national measure is considered justified, all Member States shall take the measures necessary to ensure that the non-compliant energy-related product is withdrawn from their market , and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure. |
12. If the national measure is considered to be justified, all Member States shall take the measures necessary to ensure that the non-compliant product model is withdrawn from their national markets , and shall inform the Commission accordingly. If the national measure is considered to be unjustified, the Member State concerned shall withdraw the measure. |
Amendment 58
Proposal for a regulation
Article 6 — paragraph 13
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Text proposed by the Commission |
Amendment |
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13. Where the national measure is considered justified and the non-compliance of the energy-related product is attributed to shortcomings in the harmonised standards referred to in paragraph 6, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012. |
13. Where a national measure is considered to be justified and the non-compliance of the product model is attributed to shortcomings in the harmonised standards referred to in paragraph 6, the Commission shall apply the procedure provided for in Article 11 of Regulation (EU) No 1025/2012. |
Amendment 96
Proposal for a regulation
Article 6 — paragraph 13 a (new)
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Text proposed by the Commission |
Amendment |
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13a. In the case of proven non-compliance of the product with the requirements laid down in this Regulation and its relevant delegated acts, customers shall have the right to return the product to the dealer free-of-charge and receive from the supplier a full refund of the original purchase price. |
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In cooperation with the market surveillance authorities, the suppliers shall make all reasonable efforts to contact affected customers, in accordance with applicable consumer rights law. |
Amendment 59
Proposal for a regulation
Article 7 — title and paragraph 1
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Text proposed by the Commission |
Amendment |
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Labels and rescaling |
Procedure for the introduction and rescaling of labels |
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1. The Commission may, by means of delegated acts adopted pursuant to Articles 12 and 13, introduce labels or rescale existing labels. |
1. The Commission is empowered to adopt delegated acts in accordance with Article 13 in order to supplement this Regulation by introducing or rescaling labels. |
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Labels introduced by delegated acts adopted in accordance with Article 10 of Directive 2010/30/EU before 1 January 2017 shall be considered to be labels for the purposes of this Regulation . |
Amendment 60
Proposal for a regulation
Article 7 — paragraph 2
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Text proposed by the Commission |
Amendment |
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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 label . |
2. In order to ensure a homogenous A to G scale, the Commission shall introduce rescaled labels for existing product groups, as referred to in paragraph 1, within 5 years after the entry into force of this Regulation, respecting the requirements of paragraph 4. |
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Product groups covered by Commission Delegated Regulations (EU) No 811/2013 (1a) and 812/2013 (1b) shall be reviewed 6 years after the entry into force of this Regulation with a view to rescaling them. |
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For product groups covered by Commission Delegated Regulations (EU) No 1059/2010 (1c) , 1060/2010 (1d) , 1061/2010 (1e) , 1062/2010 (1f) and 874/2012 (1 g) , where preparatory studies are finalised, the Commission shall introduce rescaled labels no later than 21 months after the entry into force of this Regulation. |
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Amendment 61
Proposal for a regulation
Article 7 — paragraph 3
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Text proposed by the Commission |
Amendment |
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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 models falls into those classes shall be at least ten years later. |
3. The Commission shall ensure that any subsequent rescaling for new labels or rescaled labels referred to in paragraph 2 is initiated once the following conditions are met, showing the appropriate technological progress in the relevant product group: |
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Amendment 62
Proposal for a regulation
Article 7 — paragraph 3 a (new)
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Text proposed by the Commission |
Amendment |
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3a. The Commission shall ensure, through the inclusion of the product group in the working plan pursuant to Article 11, that: |
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Amendment 63
Proposal for a regulation
Article 7 — paragraph 4
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Text proposed by the Commission |
Amendment |
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4. Labels shall be re-scaled periodically . |
4. The Commission shall lay out the requirements for new or rescaled labels aiming for an expected validity of at least 10 years. |
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To that end, the Commission shall ensure that, when a label is introduced or rescaled, no products are expected to fall in energy class A at the moment of the introduction of the label. |
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For product groups where the preparatory study referred to in point (a) of paragraph 3a shows a fast technological progress, no products are expected to fall in energy classes A and B at the moment of the introduction of the label . |
Amendment 64
Proposal for a regulation
Article 7 — paragraph 5
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Text proposed by the Commission |
Amendment |
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5. When a label is rescaled: |
5. When , for a given product group, no models belonging to energy classes F or G are allowed to be placed on the market anymore because of an Ecodesign implementing measure adopted under Directive 2009/125/EC, the class or classes in question shall be shown on the label in grey as specified in the relevant delegated act. The standard dark green to red spectrum of the label shall be retained for the remaining upper classes. The changes shall apply only to new product units placed on the market. |
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Dealers shall be permitted to sell energy-related products without a label or a rescaled label, only where a (rescaled) label has never been produced for a given product and the supplier of the product is no longer active on the market. |
Amendment 65
Proposal for a regulation
Article 7 — paragraph 6
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Text proposed by the Commission |
Amendment |
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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. |
deleted |
Amendment 66
Proposal for a regulation
Article 8
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Text proposed by the Commission |
Amendment |
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Product database |
Product database |
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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 . |
1. The Commission shall establish and maintain a product database , consisting of two different interfaces, the public interface and the compliance interface. |
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The public interface shall contain the information set out in point 1 of Annex I, respecting the functional requirements set out in point 3 of Annex I. |
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The compliance interface shall contain the information set out in point 2 of Annex I , respecting the functional requirements set out in point 4 of Annex I. |
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2. When entering information into the product database, suppliers shall keep access and editing rights to it. Any changes shall be dated and clearly visible to market surveillance authorities. |
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Data contained in the compliance interface shall be used only for purposes linked to the enforcement for this Regulation and the delegated acts adopted pursuant thereto, and prohibited from unintended use. |
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Suppliers shall be permitted to keep on their servers’ technical documentation pursuant to point (c) of Article 3(1), test reports or similar conformity assessment documentation, as established by point 2(a) of Annex I corresponding to tests carried by the suppliers themselves, accessible exclusively to market surveillance authorities and the Commission. |
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The establishment of the database shall follow criteria that allow for minimising the administrative burden for suppliers and other database users, user-friendliness and cost-effectiveness. |
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The product database does not replace or modify the responsibilities of the market surveillance authorities. |
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3. The Commission, with the support of market surveillance authorities and suppliers, shall pay special attention to the transitional process until the full implementation of the public and compliance interfaces. |
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4. The Commission is empowered to adopt delegated acts in accordance with Article 13 supplementing this Regulation by specifying the operational details relating to the establishment of the product database . |
Amendment 67
Proposal for a regulation
Article 9 — paragraph 2
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Text proposed by the Commission |
Amendment |
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When during the conformity assessment of a product such harmonised standards are applied, the product shall be deemed to comply with the relevant measurement and calculation requirements of the delegated act. |
2. When during the conformity assessment of a product such harmonised standards are applied, the product model shall be deemed to comply with the relevant measurement and calculation requirements of the delegated act. |
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2a. Harmonised standards shall aim to simulate real-life usage as far as possible while maintaining a standard test method, with no prejudice to comparability within the product group. |
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2b. Measurement and calculation methods included in the harmonised standards shall be reliable, accurate and reproducible, and aligned with the requirements of Article 3(1a). |
Amendment 68
Proposal for a regulation
Article 10 — paragraph 1
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Text proposed by the Commission |
Amendment |
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In the conduct of its activities under this Regulation the Commission shall ensure in respect of each delegated act, a balanced participation of Member States’ representatives and interested parties concerned with the product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations . For this purpose, the Commission shall establish a Consultation Forum in which these parties shall met. This Consultation Forum may be combined with the Consultation Forum referred to in Article 18 of Directive 2009/125/EC. |
1. In the conduct of its activities under this Regulation , for the introduction or rescaling of labels under Article 7, and for the setup of the database under Article 8, the Commission shall ensure a balanced participation of Member States' representatives , including market surveillance authorities, and interested parties concerned with the product group in question, such as industry, including SMEs and craft industry, trade unions, traders, retailers, importers, environmental protection groups and consumer organisations , as well as the involvement of the European Parliament. |
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2. The Commission shall establish a Consultation Forum in which the parties listed in paragraph 1 shall meet for that purpose. That Consultation Forum may coincide, fully or in part, with the Consultation Forum referred to in Article 18 of Directive 2009/125/EC. The minutes of the Consultation Forum meetings shall be published in the public interface of the database established pursuant to Article 8. |
Amendment 69
Proposal for a regulation
Article 10 — paragraph 2
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Text proposed by the Commission |
Amendment |
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Where appropriate prior to the adoption of delegated acts, the Commission shall test the design and content of the labels for specific product groups with consumers to ensure their clear understanding of the labels. |
3. Where appropriate, prior to the adoption of delegated acts adopted pursuant to this Regulation , the Commission shall test the design and content of the labels for specific product groups with representative groups of Union consumers to ensure their clear understanding of the labels. |
Amendment 70
Proposal for a regulation
Article 11 — paragraph 1
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Text proposed by the Commission |
Amendment |
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The Commission shall, having consulted the Consultation Forum referred to in Article 10, establish a working plan which shall be made publicly available . The working plan shall set out an indicative list of product groups which are considered as priorities for the adoption of delegated acts . The working plan shall also set out plans for the revision and rescaling of labels of products or product groups. The working plan may be amended periodically by the Commission after consultation with the Consultation Forum. The working plan may be combined with the working plan required by Article 16 of Directive 2009/125/EC . |
1. The Commission shall adopt delegated acts pursuant to Article 13 supplementing this Regulation, after having consulted the Consultation Forum referred to in Article 10, in order to establish a long-term working plan which shall be made publicly available , including through the public interface of the database established pursuant to Article 8. |
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2. The Commission shall organise the working plan in sections containing priorities for the introduction of energy efficiency labels in new product groups, and for the rescaling of labels of product groups . |
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The Commission shall ensure the necessary resources to the plan and its coherence. |
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This working plan may be combined with the Ecodesign working plan required by Article 16 of Directive 2009/125/EC. |
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The Commission shall update the working plan periodically, having consulted the Consultation Forum. The European Parliament and the Council shall be informed annually of its progress and shall be formally notified of any changes thereto . |
Amendment 71
Proposal for a regulation
Article 12 — paragraph 1
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Text proposed by the Commission |
Amendment |
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1. The Commission shall be empowered to adopt delegated acts concerning detailed requirements relating to labels for specific groups of energy-related products (‘specific product groups’) in accordance with Article 13 . |
1. The Commission is empowered to adopt delegated acts in accordance with Article 13 to supplement this Regulation by laying down detailed requirements relating to labels for specific groups of energy-related products (‘specific product groups’). |
Amendment 72
Proposal for a regulation
Article 12 — paragraph 2
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Text proposed by the Commission |
Amendment |
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2. Delegated acts shall specify product groups which satisfy the following criteria: |
2. Delegated acts shall specify product groups which satisfy the following criteria: |
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Amendments 73 and 98
Proposal for a regulation
Article 12 — paragraph 3
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Text proposed by the Commission |
Amendment |
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3. Delegated acts relating to specific product groups shall specify in particular: |
3. Delegated acts relating to specific product groups shall specify in particular for the product group concerned : |
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For the content of the label as referred to in point (b) of the first subparagraph, the A-G steps of the classification shall correspond to significant energy and cost savings from the customer's perspective. |
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For the format of references referred to in point (m) of the first subparagraph, those references may take the form of a website address, a Quick Response (QR) code, a link on on-line labels or any other appropriate consumer-oriented means. |
For the format of references referred to in point (m) of the first subparagraph, those references may take the form of a website address, a dynamic Quick Response (QR) code, a link on on-line labels or any other appropriate consumer-oriented means linking to the public interface of the database established pursuant to Article 8 . |
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The introduction of a label for a product to be covered by a delegated act shall not have a significant negative impact on the functionality of the product from the perspective of the user . |
The product information sheet as referred to in point (g) of the first subparagraph, shall provide direct links to the public interface of the database established pursuant to Article 8, and it shall be made available to customers in all the Union official languages of the national markets where the corresponding product model has been made available . |
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The Commission shall be empowered to adopt delegated acts regarding operational details relating to the product database, including any obligations on suppliers and dealers in accordance with Article 13 . |
The Commission is empowered to adopt delegated acts in accordance with Article 13 supplementing this Regulation by laying down operational details related to the product database, including any obligations on suppliers and dealers. |
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Regarding information referred to in point (g) of the first subparagraph, in order to ensure proper safeguarding of confidential information and technical documentation, those delegated acts shall specify the information that is to be uploaded in the product database and what information to be available on the request of national authorities and the Commission. |
Amendment 74
Proposal for a regulation
Article 12 — paragraph 3 a (new)
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Text proposed by the Commission |
Amendment |
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3a. The Commission shall keep an updated inventory of all delegated acts supplementing this Regulation and those developing the Ecodesign Directive 2009/125/EC, including complete references to all harmonised standards that satisfy the relevant measurement and calculation methods, as of Article 9, and shall make it publicly available. |
Amendment 75
Proposal for a regulation
Article 13 — paragraph 2
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Text proposed by the Commission |
Amendment |
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2. The delegation of power referred to in Articles 7 and 12 shall be conferred on the Commission for an indeterminate period of time from the date of application of this Regulation . |
2. The power to adopt delegated acts referred to in Articles 7 , 8(4), 11(1) and 12 shall be conferred on the Commission for a period of six years from 1 January 2017. |
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The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the six-year period. |
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The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period . |
Amendment 76
Proposal for a regulation
Article 13 — paragraph 3
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Text proposed by the Commission |
Amendment |
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3. This delegation of power referred to in Articles 7 and 12 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in this Regulation . It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
3. The delegation of power referred to in Articles 7 , 8(4), 11(1) and 12 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision . It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. |
Amendment 77
Proposal for a regulation
Article 13 — paragraph 3 a (new)
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Text proposed by the Commission |
Amendment |
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3a. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. |
Amendment 78
Proposal for a regulation
Article 13 — paragraph 5
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Text proposed by the Commission |
Amendment |
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5. A delegated act adopted pursuant to Articles 7 and 12 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period may be extended by two months at the initiative of the European Parliament or of the Council. |
5. A delegated act adopted pursuant to Articles 7 , 8(4), 11(1) and 12 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. |
Amendment 79
Proposal for a regulation
Article 14 — paragraph 1
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Text proposed by the Commission |
Amendment |
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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 its impacts on business. |
By … [6 years after the entry into force of this Regulation] , the Commission shall assess the application of this Regulation and submit a report to the European Parliament and the Council. That report shall assess how effectively this Regulation and its delegated acts have allowed customers to choose more energy efficient products, taking into account criteria such as its effect on business , energy consumption, greenhouse gases emissions, market surveillance activities, and the cost to establish and maintain the database. |
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The evaluation exercise conducted pursuant to the first paragraph shall make explicit use of the annual follow-up reports regarding enforcement and market surveillance established by Article 5 . |
Amendment 80
Proposal for a regulation
Article 16 — paragraph 3
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Text proposed by the Commission |
Amendment |
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However, Article 3(1) (d) shall apply from 1 January 2019 . |
However, point (d) of Article 3(1) shall apply as soon as the public interface of the product database established pursuant to Article 8 is fully operational, and in any event no later than 1 January 2018 . |
Amendment 81
Proposal for a regulation
Annex I — title and point 1
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Text proposed by the Commission |
Amendment |
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Information to be included in the product database |
Information to be included in the product database , plus functional requirements |
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Amendment 82
Proposal for a regulation
Annex I — point 2
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Text proposed by the Commission |
Amendment |
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Amendment 83
Proposal for a regulation
Annex I — point 2 a (new)
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Amendment 84
Proposal for a regulation
Annex I — point 2 b (new)
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Text proposed by the Commission |
Amendment |
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(1) The matter was referred back to the committee responsible for reconsideration pursuant to Rule 61(2), second subparagraph (A8-0213/2016).
(1a) Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 285, 31.10.2009, p. 10).
(21) OJ L 218, 13.8.2008, p. 30.
(21) OJ L 218, 13.8.2008, p. 30.
(1a) Commission Delegated Regulation (EU) No 811/2013 of 18 February 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of space heaters, combination heaters, packages of space heater, temperature control and solar device and packages of combination heater, temperature control and solar device (OJ L 239, 6.9.2013, p. 1).
(1b) Commission Delegated Regulation (EU) No 812/2013 of 18 February 2013 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to the energy labelling of water heaters, hot water storage tanks and packages of water heater and solar device (OJ L 239, 6.9.2013, p. 83).
(1c) Commission Delegated Regulation (EU) No 1059/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household dishwashers (OJ L 314, 30.11.2010, p. 1).
(1d) Commission Delegated Regulation (EU) No 1060/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household refrigerating appliances (OJ L 314, 30.11.2010, p. 17).
(1e) Commission Delegated Regulation (EU) No 1061/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of household washing machines(OJ L 314, 30.11.2010, p. 47).
(1f) Commission Delegated Regulation (EU) No 1062/2010 of 28 September 2010 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of televisions(OJ L 314, 30.11.2010, p. 64).
(1 g) Commission Delegated Regulation (EU) No 874/2012 of 12 July 2012 supplementing Directive 2010/30/EU of the European Parliament and of the Council with regard to energy labelling of electrical lamps and luminaires (OJ L 258, 26.9.2012, p. 1) .