22001A0626(01)

Agreement between the Government of the United States of America and the European Community on the coordination of energy-efficient labelling programs for office equipment - Exchange of diplomatic Notes

Official Journal L 172 , 26/06/2001 P. 0003 - 0032


Agreement

between the Government of the United States of America and the European Community on the coordination of energy-efficient labelling programs for office equipment

The Government of the United States of America and the European Community, hereinafter "the Parties", desiring to maximise energy savings and environmental benefits by stimulating the supply of and demand for energy-efficient products, have agreed as follows:

Article I

General Principles

1. A common set of energy-efficiency specifications and a common logo shall be used by the Parties for the purpose of establishing consistent targets for manufacturers, thereby maximising the effect of their individual efforts on the supply of and demand for such product types.

2. The Parties shall use the Common Logo for the purpose of identifying qualified energy-efficient product types listed in Annex C.

3. The Parties shall ensure that common specifications encourage continuing improvement in efficiency, taking into account the most advanced technical practices on the market.

4. The Parties shall ensure that consumers have the opportunity to identify efficient products by finding the label in the market.

Article II

Definitions

1. For the purposes of this Agreement:

(a) "Energy Star" means the US-registered service mark designated in Annex A and owned by the United States Environmental Protection Agency ("US EPA");

(b) "Common Logo" means the US-registered certification mark designated in Annex A and owned by US EPA;

(c) "Energy Star Marks" means the "Energy Star" name and the Common Logo, as well as any versions of these marks that may be developed or modified by the Management Entities or Program Participants, as herein defined, including the sign or marking contained in Annex A, which will be adopted by the European Community to implement the terms of this Agreement;

(d) "Energy Star Labelling Program" means a program administered by a Management Entity using common energy-efficiency specifications, marks, and guidelines to be applied to designated product types;

(e) "Program Participants" means manufacturers, vendors, or resale agents that sell designated energy-efficient products that meet the specifications of and who have chosen to participate in the Energy Star Labelling Program by registering or entering an agreement with the Management Entity of either Party;

(f) "Specifications" are the energy-efficiency and performance requirements, including testing methods listed in Annex C, used by Management Entities and Program Participants to determine qualification of energy-efficient products for the Common Logo.

Article III

Management Entities

Each Party hereby designates a management entity responsible for implementation of this Agreement (the "Management Entities"). The European Community designates the Commission of the European Communities ("Commission") as its Management Entity. The Government of the United States of America designates the US EPA as its Management Entity..

Article IV

Administration of the Energy Star Labelling Program

1. Each Management Entity shall administer the Energy Star Labelling Program for the energy-efficient product types listed in Annex C, subject to the terms and conditions set forth in this Agreement. Program administration includes registering Program Participants on a voluntary basis, maintaining Program Participant and compliant product lists, and enforcing the terms of the logo use guidelines set forth in Annex B.

2. The Energy Star Labelling Program shall use the Specifications listed in Annex C.

3. Each Management Entity shall take effective measures to educate consumers about the Energy Star marks, in accordance with the logo use guidelines set forth in Annex B. These measures may include informing consumers about the benefits of purchasing energy-efficient products that meet the Specifications, and undertaking marketing or educational efforts to stimulate market demand for labelled products.

4. Each Management Entity shall bear the expenses for all of its activities under this Agreement.

Article V

Participation in the Energy Star Labelling Program

1. Any manufacturer, vendor or resale agent may enter the Energy Star Labelling Program by registering as a Program Participant with the Management Entity of either Party.

2. Program Participants may use the Common Logo to identify qualified products that have been tested in their own facilities or by an independent test laboratory and that meet the Specifications set forth in Annex C, and may self-certify product qualification.

3. The registration of a Program Participant in the Energy Star Labelling Program by the Management Entity of one Party shall be recognised by the Management Entity of the other Party.

4. To facilitate the recognition of Program Participants in the Energy Star Labelling Program in accordance with paragraph 3 above, the Management Entities shall cooperate in order to maintain common lists of all Program Participants and products that qualify for the Common Logo.

5. Notwithstanding the self-certification procedures specified in paragraph 2 above, each Management Entity reserves the right to test or otherwise review products that are or have been sold within its territories (in the territories of the European Community Member States in the case of the Commission) to determine whether the products are certified in accordance with the Specifications set forth in Annex C. The Management Entities shall communicate and cooperate fully with one another to ensure all products bearing the Common Logo meet the Specifications set forth in Annex C.

Article VI

Program coordination between the Parties

1. The Parties shall establish a Technical Commission to review implementation of this Agreement, composed of representatives of their respective Management Entities.

2. The Technical Commission shall meet annually and consult at the request of one of the Management Entities to review the operation and administration of the Energy Star Labelling Program, the Specifications set forth in Annex C, product coverage, consumer education efforts and the progress in achieving the objectives of this Agreement.

3. Non-parties (including other governments and industry representatives) may attend meetings of the Technical Commission as observers, unless otherwise agreed by both Management Entities.

Article VII

Registration of the Energy Star marks

1. The US EPA, as owner of the Energy Star marks, may seek to register the marks in the European Community. The Commission shall not seek or obtain any registration of the Energy Star marks or any variation of the marks in any country.

2. If the US EPA registers the marks in the European Community or any of its Member States, the US EPA undertakes not to consider as an infringement of these marks the use, by the Commission or by any Program Participant registered by the Commission, of the sign or marking contained in Annex A in accordance with the terms of this Agreement.

Article VIII

Enforcement and non-compliance

1. In order to protect the Energy Star marks, each Management Entity shall ensure the proper use of the Energy Star marks within its territory (within the territories of the European Community Member States in the case of the Commission). Each Management Entity shall ensure that the Energy Star marks are used only in the form that appears in Annex A. Each Management Entity shall ensure that the Energy Star marks are used solely in the manner specified in the logo use guidelines set forth in Annex B.

2. Each Management Entity shall ensure that prompt and appropriate action is taken against Program Participants, whenever it has knowledge that a Program Participant has used an infringing mark or has affixed the Energy Star marks to a product that does not comply with the Specifications set forth in Annex C. Such actions shall include, but not be limited to:

(a) informing the Program Participant in writing of its non-compliance with the terms of the Energy Star Labelling Program;

(b) through consultations, developing a plan to reach compliance; and

(c) if compliance cannot be reached, terminating the registration of the Program Participant, as appropriate.

3. Each Management Entity shall ensure that all reasonable actions are taken to end the unauthorised use of the Energy Star marks or use of an infringing mark by an entity that is not a Program Participant. Such actions shall include, but shall not be limited to:

(a) informing the entity using the Energy Star marks of Energy Star Labelling Program requirements and proper logo use guidelines; and

(b) encouraging the entity to become a Program Participant and register qualified products.

4. Each Management Entity shall immediately notify the Management Entity of the other Party of any infringement of the Energy Star marks of which it has knowledge as well as the action taken to end such infringement.

Article IX

Procedures for amending the Agreement and its Annexes A and B, and for adding new Annexes

1. Either Management Entity may propose an amendment to this Agreement and to its Annexes A and B, and may propose new annexes to the Agreement.

2. A proposed amendment shall be made in writing and shall be discussed at the next meeting of the Technical Commission, provided that it has been communicated to the other Management Entity at least sixty days in advance of such meeting.

3. Amendments to this Agreement, to its Annexes A and B, and decisions to add new annexes shall be made by mutual agreement of the Parties.

Article X

Procedures for amending Annex C

1. A Management Entity seeking to amend Annex C to revise existing Specifications, or to add a new product type ("Proposing Management Entity") shall follow the procedures set forth in paragraphs 1 and 2 of Article IX, and shall include in its proposal:

(a) a demonstration that significant energy savings would result from revising the Specifications or adding the new product type;

(b) evidence of existing technology that would make possible cost-effective energy savings without negatively affecting product performance;

(c) information on the estimated number of product models that would meet the proposed specification and approximate market share represented;

(d) information on the views of industry groups potentially affected by the proposed amendment; and

(e) a proposed effective date for the new Specifications, taking into consideration product life cycles and production schedules.

2. Proposed amendments that are accepted by both Management Entities shall enter into force on a date mutually agreed by the Management Entities.

3. If, after receipt of a proposal made in accordance with paragraphs 1 and 2 of Article IX, the other Management Entity ("Objecting Management Entity") is of the view that the proposal does not meet the requirements specified in paragraph 1 above or otherwise objects to the proposal it shall promptly (normally by the next Technical Commission Meeting) notify the Proposing Management Entity in writing of its objection and shall include any available information supporting its objection; for example, information demonstrating that the proposal, if adopted, would likely:

(a) disproportionately and unfairly confer market power on one company or industry group;

(b) undermine overall industry participation in the Energy Star labelling program;

(c) conflict with its laws and regulations; or

(d) impose burdensome technical requirements.

4. The Management Entities shall make best efforts to reach agreement on the proposed amendment at the first meeting of the Technical Commission following the proposal. If the Management Entities are unable to reach agreement on the proposed amendment at this Technical Commission meeting, they shall seek to reach agreement in writing prior to the subsequent Technical Commission meeting.

5. If, by the end of the subsequent Technical Commission meeting, the Parties are unable to reach agreement, the Proposing Management Entity shall withdraw its proposal; and with respect to proposals to revise existing Specifications, the corresponding product type shall be removed from Annex C by the date agreed upon in writing by the Management Entities. All Program Participants shall be informed of this change and of the procedures to be followed to implement this change.

Article XI

General Provisions

1. Other environmental labelling programs are not covered by this Agreement and may be developed and adopted by either of the Parties.

2. All activities undertaken under this Agreement shall be subject to the applicable laws and regulations of each Party and to the availability of appropriated funds and resources.

3. Nothing in this Agreement shall affect the rights and obligations of any Party deriving from a bilateral, regional or multilateral agreement into which it has entered prior to the entry into force of this Agreement.

4. Without prejudice to any other provisions of this Agreement, either Management Entity may run labelling programs with respect to product types not included in Annex C. Nothwithstanding any other provisions of this Agreement, neither Party shall hinder the import, export, sale or distribution of any product because it bears the energy-efficiency marks of the Management Entity of the other Party.

Article XII

Entry into Force and Duration

1. This Agreement shall enter into force on the date upon which each Party has notified the other in writing that its respective internal procedures necessary for its entry into force have been completed.

2. This Agreement shall remain in force for an initial period of five years. At least one year prior to the end of this initial period, the Parties shall meet to discuss renewal of this Agreement.

Article XIII

Termination

1. Either Party may terminate this Agreement at any time by providing three months' written notice to the other Party.

2. In the event of termination or non-renewal of this Agreement, the Management Entities shall inform all Program Participants which they have registered of the termination of the joint program. Moreover Management Entities shall inform the Program Participants which they have registered that each Management Entity may continue the labelling activities under two separate individual programs. In this case, the European Community labelling program will not use the Energy Star marks. The Commission shall ensure that itself, the Member States of the European Community and any Program Participants which it has registered cease using the Energy Star marks by the date agreed upon in writing by the Management Entities. The obligations contained in this Article XIII(2) shall survive the termination of this Agreement.

Done in duplicate at Washington DC on the nineteenth day of December in the year two thousand.

For the Government of the United States of America

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For the European Community

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ANNEX A

ENERGY STAR INTERNATIONAL LOGO

International Logo: Black and white

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International Logo: Color

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ANNEX B

GUIDELINES FOR PROPER USE OF THE ENERGY STAR NAME AND INTERNATIONAL LOGO

The Energy Star name and International Logo are US registered marks of the US EPA. As such, the name and logo may only be used in accordance with the following guidelines and the Memoranda of Understanding (MOU) or the European Commission Registration Form signed by Program Participants in the Energy Star labelling program. Please distribute these guidelines to those who will be responsible for preparing Energy Star materials on your behalf.

US EPA (and the European Commission, in the European Community Member States Territory) oversee proper use of the Energy Star name and International Logo. This includes monitoring the use of the marks in the marketplace, and directly contacting those organisations that are using them improperly or without authorisation. Consequences of misusing the marks may include the termination of the Program Participant's participation in the Energy Star labelling program, and, for products imported into the US improperly using the marks, the possible seizure by the US Customs Service of those goods.

I. INTRODUCTION

The Energy Star name may be used for general educational purposes. The name may be displayed when describing the Energy Star labelling program, such as in a special educational brochure, newsletter, annual report, or other article that provides the details of the program and the program's requirements. (See Section II below for more information.)

The International Logo may be used as a product label to designate specific products that meet the specifications contained in the Energy Star MOUs or European Commission Registration Form. (See Section III below for more information.)

II. GENERAL EDUCATIONAL USE OF THE ENERGY STAR NAME

Program Participants are allowed to include the Energy Star name in general educational or informational materials that discuss the Energy Star labelling program. This includes brochures, newsletter articles, annual reports, etc.

III. USE OF INTERNATIONAL LOGO BY PROGRAM PARTICIPANTS AS A PRODUCT LABEL

A. Applying the International Logo to products

The International Logo is a certification mark and may only be used to certify specific products that have been determined to meet the Energy Star labelling program requirements. For those specific products, the International Logo may be used directly on the product or on materials associated with the product, such as packaging or product inserts. In order to maintain the integrity of the International Logo, and the credibility of the Energy Star labelling program, it is imperative that this basic rule not be broken.

Each Energy Star Program Participant has signed an MOU or the European Commission Registration Form making it responsible for the proper use of the International Logo. This includes its own use of the International Logo, as well as use by its authorised representatives, e.g. advertising agencies, dealers, etc. Therefore, the Program Participant should make available these logo-use guidelines to any party that would be preparing materials on the Program Participant's behalf.

B. Using the International Logo in product advertisements

When preparing print advertisements or brochures, the International Logo should be placed on or directly adjacent to the compliant product. If only one product is pictured in the advertisement (and that product is compliant) the International Logo may be placed anywhere on the page. But if multiple products are pictured, the International Logo should be placed only next to those products which are compliant. The International Logo may not be placed along the bottom or side of the advertisement next to other general icons unless every product pictured in the advertisement is Energy Star-compliant.

If the International Logo is used in a general advertisement for a product line where only certain models are compliant, the Program Participant should include language that clarifies the situation (e.g. "The (product model name) meets the Energy Star requirements") or the Program Participant may include specific language under each of the compliant models (e.g. include a bullet point "Energy Star-compliant" in a list of product attributes).

The only time a Program Participant may use the International Logo without making reference to a specific product is when the Program Participant is informing the public of the certification purpose of the mark. For example, the Program Participant may include a statement stating, "Look for the (International Logo) on our products. It represents that the product meets the Energy Star guidelines for energy efficiency." In addition, under no circumstances shall the name or logo be used in a manner that would imply US EPA and/or the European Commission endorsement of the company, its products, or its services.

C. International Logo disclaimer statement

As described in the MOU and European Commission Registration Form, when the International Logo is used by a Program Participant, it shall always be accompanied by the following statement: "As an Energy Star Program Participant, (your company name) has determined that this product meets the Energy Star guidelines for energy efficiency." The disclaimer statement must accompany the logo, but it does not have to appear side-by-side; the phrase may be placed where normal explanatory information is found. For example:

- Print advertisements or posters: The disclaimer statement may be placed with other standard trademark and registration information at the bottom of the advertisement where other companies' products are recognised (e.g. "Product X is a registered trademark of XYZ Corp.; As an Energy Star Program Participant, XYZ Corp. has determined that this product meets the Energy Star guidelines for energy efficiency").

- On brochures and manuals, the phrase must appear with the first use and/or in the front section with the recognition of other trademarks.

- When the logo is applied directly to the product, the Program Participant may place this statement in the user's manual or on the nameplate.

- If the logo appears on the product packaging, the Program Participant is not required to include the disclaimer statement on the packaging; rather, the Program Participant may use the disclaimer statement in the user's manual, or in other collateral sales and marketing materials.

- As a general rule, the type must be visible - at a minimum 2,5 point type size.

IV. REPRODUCTION OF THE INTERNATIONAL LOGO

The International Logo is available in color and in black and white on disk in two graphic formats:.EPS (Encapsulated Postscript) and.BMP (Bitmap). These files are for distribution to your customer graphics department. The.EPS version can be used on both PC and Mac computers. (.TIF format is also available upon request.)

As described in all of the Energy Star MOUs and the Registration Form, the International Logo shall not be altered, cut apart or separated in any way. Following are more detailed guidelines:

- The logo may be resized, but please maintain the same proportions.

- The colors of the 4-color logo must be reproduced faithfully (4-color process).

- The 4-color logo may be reproduced in black and white shading.

- The simplified outline or "line art" logo may be reproduced in the following manner:

- black or white on solid colors,

- one-color version in the color of your choice,

- two-color version, with colors from the 4-color version, e.g. blue and yellow, green and blue, yellow and blue.

V. REGISTERED MARK

As noted above, the Energy Star name and International Logo are US registered marks of the US EPA. When using the Energy Star name or International Logo in communications and marketing materials, the Program Participant must do the following:

- When referring to the Energy Star labelling program or its Program Participants, the Energy Star name must always be expressed in capital letters. It is also appropriate to use a slightly larger point size for the first letter of each word, e.g. 12-point for the E and S, and 10-point for the other letters - Energy Star.

- The Program Participant must indicate the registered status of the marks by including the registered symbol (®) each time the Energy Star name or International Logo appears in the US market in a brochure, advertisement, poster, product packaging, etc. (i.e. ENERGY STAR®). (Please note that in US EPA-developed materials where the phrase Energy Star is used repeatedly, such as the logo-use guidelines, the registered symbol will only appear once so as not to distract the reader.)

- AND -

The Program Participant may provide in the US market the registered mark statement: "ENERGY STAR is a US registered mark". Similar to the disclaimer statement, the registered mark statement may be placed where normal explanatory information is found (e.g. at the bottom of an advertisement or poster, at the bottom of the relevant page in a manual or brochure, or on the product packaging).

VI. OTHER ENERGY STAR LOGOS (NOT FOR USE BY OFFICE EQUIPMENT PROGRAM PARTICIPANTS)

The International Logo is the only logo that Program Participants should use on their products. This version of the logo does not include any text or acronyms. Please call US EPA (or the European Commission in European Community Member States Territory) if you need a diskette copy of the logo mailed to you.

It is likely that you have seen other versions of the logo in the marketplace. These logos are either obsolete or are for use with other Energy Star product areas. Please do NOT use the following logos:

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VII. ADDITIONAL QUESTIONS REGARDING THE USE OF THE LOGO

Energy Star Hotline In the US call toll-free: 1-888-STAR-YES (1-888-782-7937)

Outside of the US call: 202 775-6650

Fax 202 775-6680 EUROPEAN COMMISSION Directorate-General TREN Phone: (32-2) 295 22 04 Fax (32-2) 296 42 54

ANNEX C

PRODUCT SPECIFICATIONS

I. COMPUTER SPECIFICATIONS

A. Definitions

1. Computer: A desktop, tower or mini-tower, or portable unit, including high-end desktop computers, personal computers, workstations, network computer desktops, X terminal controllers, and computer-based point-of-sale retail terminals. To qualify, the unit must be capable of being powered from a wall outlet, but this does not preclude units that are capable of being powered from a wall outlet and also from a battery. This definition is intended primarily to cover computers sold for use in businesses or homes. This definition of a computer does not include computers sold or otherwise marketed as "File Server" or "Server".

2. Monitor: A cathode-ray tube (CRT), flat panel display (e.g. a liquid crystal display) or other display device and its associated electronics. A monitor may be sold separately or integrated into the computer chassis. This definition is intended primarily to cover standard monitors designed for use with computers. For purposes of this specification, however, the following may also be considered a monitor: mainframe terminals, and physically separate display units.

3. Integrated computer system: Systems in which the computer and visual display monitor are combined into a single unit. Such systems must meet all of the following criteria: it is not possible to measure the power consumption of the two components separately; and the system is connected to the wall outlet through a single power cable.

4. Inactivity: A period of time during which a computer does not encounter any user input (e.g. keyboard input or mouse movement).

5. Low-power or "sleep" mode: The reduced power state that the computer enters after a period of inactivity.

6. Wake events: A user, programmed, or external event or stimulus that causes the computer to transition from its low-power/"sleep" mode to its active mode of operation. Examples of wake events include, but are not limited to, movement of the mouse, keyboard activity or a button press on the chassis and, in the case of external events, stimulus conveyed via a telephone, remote control, network, cable modem, satellite, etc.

B. Product qualification for the Energy Star Logo

1. Technical specifications

(a) Computers: An Energy Star-compliant computer shall satisfy the following conditions:

(i) Tier I - Computer models first shipped on or after 1 July 1999 and before 1 July 2000:

(a) The computer shall enter a sleep mode after a period of inactivity.

(b) If the computer is shipped with the capability to be on a network, it shall have the ability to enter a sleep mode while on the network.

(c) If the computer is shipped with the capability to be on a network, it shall retain in sleep mode its ability to respond to wake events directed or targeted to the computer while on a network. If the wake event requires the computer to exit the sleep mode and perform a task, the computer shall re-enter its sleep mode after a period of inactivity after the completion of the task requested.

Computers that use alternate means to retain this functionality when sleeping on a network, also qualify. Program Participant may use any means available to achieve the behaviour described in this subsection.

(d) A computer whose power supply has a maximum continuous output power rating(1) less than or equal to 200 watts (<= 200 W) shall automatically enter a low-power/"sleep" state of 30 watts or less after a specified period of inactivity. A computer whose power supply has a maximum continuous output power rating greater than 200 watts ( > 200 W) shall automatically enter a low-power/"sleep" state of no more than 15 per cent (15 %) of its maximum continuous output power rating after a specified period of inactivity.

Computers that always maintain a level of power consumption of 30 watts or less comply with the power consumption requirements of Tier I of this Agreement and are not required to incorporate the sleep mode described in Section A.

(ii) Tier II - Computer models first shipped on or after 1 July 2000:

There are two guidelines - A and B - under which a computer can be qualified as Energy Star-compliant. The two guidelines have been developed to provide Program Participants with the freedom to approach power management and energy efficiency in different ways.

The following types of computers must be qualified under Guideline A.

- Computers that are shipped with the capability to be on networks such that they can remain in their low-power/sleep mode while their network interface adapter retains the ability to respond to network queries.

- Computers that are not shipped with a network interface capability.

- Computers shipped to a non-networked environment.

EPA expects computers sold or otherwise marketed as personal computers to be qualified under Guideline A only.

Computers that are shipped with the capability to be on networks that currently require the computer's processor and/or memory to be involved in maintaining its network connection while in sleep mode can be qualified under Guideline B. Computers qualifying under Guideline B are expected to maintain identical network functionality in and out of sleep mode.

(a) Guideline A

1. The computer shall enter a sleep mode after a period of inactivity.

2. If the computer is shipped with the capability to be on a network, it shall have the ability to enter a sleep mode while on the network.

3. If the computer is shipped with the capability to be on a network, it shall retain in sleep mode its ability to respond to wake events directed or targeted to the computer while on a network. If the wake event requires the computer to exit the sleep mode and perform a task, the computer shall re-enter its sleep mode after a period of inactivity after the completion of the task requested. Program Participant may use any means available to achieve the behaviour described in this subsection.

4. The computer shall consume power in the sleep mode according to Table 1.

Table 1

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Computers that always maintain a level of power consumption of 15 watts or less comply with the power consumption requirements of Tier II of this Specification, and are not required to incorporate the sleep mode described in Section A.

(b) Guideline B

1. The computer shall enter a sleep mode after a period of inactivity.

2. If the computer is shipped with the capability to be on a network, it shall have the ability to enter a sleep mode irrespective of the network technology.

3. The computer shall retain in sleep mode its ability to respond to all types of network requests. There shall be no loss in network functionality available to the user (e.g. the network functionality available to the user during the sleep mode shall be the same as that was available before the computer entered the sleep mode).

4. The computer shall consume in the sleep mode, no more than 15 % of the maximum continuous power rating of its power supply.

(b) Integrated Computer Systems: An Energy Star-compliant integrated computer system shall satisfy the following conditions.

(i) The integrated computer system shall enter a sleep mode after a period of inactivity.

(ii) If the integrated computer system is shipped with the capability to be on a network, it shall have the ability to enter a sleep mode while on the network.

(iii) If the integrated computer system is shipped with the capability to be on a network, it shall retain in sleep mode its ability to respond to wake events directed or targeted to the computer while on a network. If the wake event requires the computer to exit the sleep mode and perform a task, the integrated computer system shall re-enter its sleep mode after a period of inactivity after the completion of the task requested.

Program Participant may use any means available to achieve the behaviour described in this subsection.

(iv) Tier I: An integrated computer system, first shipped before 1 July 2000, shall consume no more than 45 watts in the sleep mode. Integrated computer systems that always maintain a level of power consumption less than or equal to 45 watts comply with the power consumption requirements of this Agreement and are not required to incorporate the sleep mode described in Section A.

Tier II: An integrated computer system, first shipped on or after 1 July 2000, shall consume no more than 35 watts in the sleep mode. Integrated computer systems that always maintain a level of power consumption less than or equal to 35 watts comply with the power consumption requirements of this Agreement and are not required to incorporate the sleep mode described in Section A.

2. Shipment Settings: In order to ensure that the maximum number of users take advantage of the low-power/"sleep" state, Program Participant shall ship its computers and/or integrated computer systems with the power-management feature enabled. The default time for all products shall be pre-set for less than 30 minutes. (EPA recommends that the pre-set time be set between 15 and 30 minutes). The user shall have the ability to change the time settings or disable the sleep/low-power mode.

3. Operating Systems: The proper activation of a computer's low-power/"sleep" mode is typically contingent upon the installation and use of a particular version of an operating system. If a computer is shipped from the Program Participant with one or more operating systems, the computer shall be capable of entering and fully recovering from the low-power/"sleep" sleep mode while running in at least one of those operating systems. If the computer is not shipped with operating system software, the Program Participant shall clearly specify which mechanism will render the computer Energy Star-compliant. In addition, if any special software, hardware drivers, or utilities are necessary for the proper activation and recovery of the sleep mode, they must be installed in the computer. The Program Participant shall include this information in product literature (e.g. user's manual or data sheets) and/or on its Internet website. Brochures and advertisements shall be worded to avoid misleading statements.

4. Monitor Control: The computer shall include one or more mechanisms through which it can activate the low-power modes of an Energy Star-compliant monitor. Program Participant shall clearly specify in product literature the manner in which its computer can control Energy Star-compliant monitors, and any special circumstances that must exist in order for monitor power management to be accomplished. Program Participant shall set the computer's default to activate the monitor's first low-power or sleep mode within 30 minutes of user inactivity. Program Participant shall also set the default time for the next level of power management such that the monitor enters the second low-power or "deep sleep" mode within 60 minutes of inactivity. The combined total of the default times for both low-power modes shall not exceed 60 minutes. Program Participant can choose to set the computer to activate the monitor to enter the second low-power or "deep sleep" mode directly within 30 minutes of inactivity.

The user shall have the ability to change the time settings or disable the low-power modes for the monitor control. This monitor control requirement does not apply to integrated computer systems. However, integrated computer systems that are marketed and sold as part of a docking system shall have the capability to automatically control the power of an externally connected monitor.

II. MONITOR SPECIFICATIONS

A. Definitions

1. Monitor: A cathode-ray tube (CRT), flat panel display (e.g. a liquid crystal display) or other display device and its associated electronics. This definition is intended primarily to cover standard monitors designed for use with computers. For purposes of this Specification, however, the following may also be considered a monitor: mainframe terminals, and physically separate display units.

2. First low-power or "sleep" mode: The reduced power state that the monitor model enters after receiving instructions from a computer or via other functions. A blank screen and reduction in power consumption characterise this mode. The monitor returns to full-power mode upon sensing a request from a user.

3. Second low-power or "deep-sleep" mode: The second reduced power state that the monitor enters after receiving instructions from a computer or via other functions. A significant reduction in power consumption characterises this mode. The monitor returns to full-power mode upon sensing a request from a user.

B. Product Qualification for the Energy Star Logo

1. Technical Specifications

An Energy Star-compliant monitor shall have the capability to automatically enter two successive low-power modes. In the first low-power "sleep" mode, the monitor shall consume 15 watts or less after receiving instructions from a computer or via other functions. If the monitor continues to be idle, upon instructions from the CPU or via other functions, it shall enter a second low-power "deep sleep" mode. An Energy Star-compliant monitor in this second low-power mode shall consume 8 watts of electricity or less. Monitors that have the capability to proceed automatically from active mode to a low-power mode of 8 watts or less comply with the power consumption requirements of this agreement. Upon resumption of user activity, the monitor shall automatically return to full operational capability. It is recommended that for activity not initiated by the user, the monitor will remain in its low-power mode.

If the monitor includes a USB hub/ports, it shall be tested without any devices or an upstream cord connected to the hub/ports.

III. PRINTER, FAX MACHINE, AND MAILING MACHINE SPECIFICATIONS

A. Definitions

1. Printer: Imaging equipment manufactured as a standard model that serves as a hard-copy output device and is capable of receiving information from single-user or networked computers. In addition, the unit must be capable of being powered from a wall outlet. This definition is intended to cover products that are advertised and sold as printers including printers that can be upgraded to a multifunction device (MFD)(2).

2. Fax machine: Imaging equipment, manufactured as a standard model, that serves as a hard-copy output device whose primary function is sending and receiving information. Plain paper fax machines are covered under this Specification (e.g. ink jet/bubble jet, laser/LED, and thermal transfer). The unit must be capable of being powered from a wall outlet. This definition is intended to cover products that are advertised and sold as fax machines.

3. Combination printer/fax machine: Imaging equipment manufactured as a standard model that serves as both a fully-functional printer and fax machine, as defined above. This definition is intended to cover products that are marketed and sold as a combination printer/fax device.

4. Mailing machine: Imaging equipment that serves to print postage onto mail pieces. The unit must be capable of being powered from a wall outlet. This definition is intended to cover products that are advertised and sold as mailing machines.

5. Print speed: Pages per minute (ppm) measures the printing speed of a model. Print speed corresponds to the product's print speed as advertised by Program Participant. For line printers (e.g. dot matrix/impact printers), print speed is based on the method established in ISO 10561.

For wide format printers designed to handle primarily A2 or 17" × 22" paper or larger, the print speed is specified in terms of monochrome text output at the default resolution. The print speed measured as A2 or A0-sized prints per minute shall be converted into A4-sized print speeds as follows: (a) One A2 print per minute is equivalent to four A4 prints per minute; (b) One A0 print per minute is equivalent to 16 A4 prints per minute.

For mailing machines, pages per minute (ppm) are considered equivalent to mail pieces per minute (mppm).

6. Accessory: A piece of additional equipment that is not necessary for the standard operation of the base unit, but may be added before or after shipping in order to enhance or change printer performance. Examples of accessories include finishers, sorters, additional paper supply devices, and duplex units. An accessory may be sold separately under its own model number, or sold with a base unit as part of a printer.

7. Active mode: The condition (or mode) in which the product is producing hard copy output or receiving hard copy input. The power requirement in this mode is typically greater than the power requirement in standby mode.

8. Standby mode: The condition that exists when the product is not producing hard copy output or receiving hard copy input and is consuming less power than when producing such output or receiving such input. The transition from standby mode to active mode should cause no noticeable delay in the production of hard copy output.

9. Sleep mode: The condition that exists when the product is not producing hard copy output or receiving hard copy input and is consuming less power than when in standby mode. In the transition from sleep mode to active mode, there may be some delay in the production of hard copy output, however, there shall be no delay in the acceptance of information from a network or other input sources. The product enters this mode within a specified time period after the last hard copy output was produced.

10. Default time to sleep mode: The time period set by the Program Participant prior to shipping that determines when the product will enter the sleep mode. The default time shall be measured from the time that the last piece of hard copy output was produced.

11. Duplexing: The process of producing text, an image, or a combination of text and image on both sides of a single sheet of paper.

12. Standard model: The term used to describe a product and its bundled features as marketed and sold by the Program Participant and as manufactured for its intended use.

13. Wake event: As used in this Agreement, a "wake event" is defined as a user, programmed, or external event or stimulus that causes the unit to transition from its standby or sleep mode to its active mode of operation. A "wake event" as defined in this Specification does not include network related polling queries or "pings" that commonly occur in network environments.

B. Product qualification for the Energy Star Logo

1. Technical specification

(a) Sleep mode: Energy Star Program Participant agrees that only those products that are capable of entering a sleep mode after a period of inactivity or maintain a level of power consumption at or below the levels of power specified in Tables 2 through 11 (below), may qualify as Energy Star-compliant.

(b) Default time: Energy Star Program Participant agrees to set the product's default time to activate the sleep mode within the time specified in Tables 2 through 11 (below), from the completion of the last job (e.g. from the time that the last piece of Hard Copy output was produced). Program Participant also shall ship products with the default time for the sleep mode set to the levels specified in Tables 2 through 11 (below).

(c) Network functionality: Energy Star Program Participant agrees to qualify products as they are intended to be used (Section II.A.12 above) by the end-user, particularly products intended to be connected to a network. Energy Star Program Participant agrees that all products marketed, advertised, or sold as network-capable must meet the Energy Star Specifications (below) when configured as network-ready (i.e. with network functionality).

1. If the product is shipped with the capability to be on a network, it shall have the ability to enter a sleep mode while on the network.

2. If the product has the capability to be on a network, is shall retain in sleep mode its ability to respond to wake events directed or targeted to the product while on a network.

(d) Duplexing: For all standard-sized printers above 10 ppm in which a duplexing unit is installed, it is recommended that Energy Star Program Participant educate its customers about using their printers with duplex set as the default printing mode. Education may consist of information about the appropriate printer driver and print menu setup in the product manuals, or by providing specific instructions about the printer driver when a duplexing unit is installed.

(e) Detailed specifications: Energy Star Program Participant agrees to qualify products according to the following Specifications:

Table 2: Tier 1

Standard size printers and printer/fax combinations((Including monochrome electrophotography, monochrome thermal transfer, and monochrome and color ink jet.)) (1.11.2000-31.10.2001)

(designed to accommodate primarily A3, A4 or 8,5" × 11" sized paper)

>TABLE>

Table 3: Tier 1

Impact printers designed to accommodate primarily A3 paper (1.11.2000-31.10.2001)

>TABLE>

Table 4: Tier 1

Large/wide-format printers (1.11.2000-31.10.2001)

(designed to accommodate primarily A2 or 17" × 22" or larger paper)

>TABLE>

Table 5: Tier 1

Color Printers((Including color electrophotography and color thermal transfer.)) (1.11.2000-31.10.2001)

(designed to accommodate primarily A3, A4 or 8,5" × 11", sized paper)

>TABLE>

Table 6

Stand alone fax machines (1.11.2000-31.10.2002)

(designed to accommodate primarily A4, or 8,5" × 11" sized paper)

>TABLE>

Table 7

Mailing machines (1.11.2000-31.10.2002)

>TABLE>

Table 8: Tier 2

Standard size printers and printer/fax combinations ((Including monochrome electrophotography, monochrome thermal transfer, and monochrome and color ink jet.)) (1.11.2001-31.10.2002)

(designed to accommodate primarily A3, A4 or 8,5" × 11" sized paper)

>TABLE>

Table 9: Tier 2

Impact printers designed to accommodate primarily A3 paper (1.11.2001-31.10.2002)

>TABLE>

Table 10: Tier 2

Large/wide-format printers (1.11.2001-31.10.2002)

(designed to accommodate primarily A2 or 17" × 22" or larger paper)

>TABLE>

Table 11: Tier 2

Color printers((Including color electrophotography and color thermal transfer.)) (1.11.2001-31.10.2002)

(designed to accommodate primarily A3, A4 or 8,5" × 11" sized paper)

>TABLE>

2. Exceptions and Clarifications: After shipping, the Energy Star Program Participant or its designated service representative shall not alter the models covered by this Specification in any way that will affect the products' ability to meet the Specifications outlined above. Four exceptions follow.

(a) Integrated computer systems: For a one-year period only, and for those products that incorporate an integrated computer, the power consumption of the integrated computer is not included when a product is qualified as Energy Star-compliant. However, the manufacturer is required to explain to the end-user that the power consumption of the printer does not include the power consumption of the integrated computer (i.e. the power consumption of the computer is in addition to the power consumption of the printer - including when the printer is in the sleep mode). This exception is limited to those situations where the manufacturer integrates a "stand-alone" computer and does not apply to printer controllers. (See footnote 1 of table 5).

(b) Network functionality: For a one-year period only, an additional one-time 5-watt allowance for network functionality will be permitted for those products in the first two speed bands (0 ppm <= 10 and 10 ppm <= 20) of Table 2 and the first speed band (0 < ppm <= 10) of Table 5. This exception applies only to those products (in the abovementioned tables and speed segments) that are shipped "network ready" (i.e. inclusive of network card or functionality "out of the box"). For those products shipped as not "network ready", the additional one-time 5-watt allowance does not apply. (See footnote 2 of tables 2 and 5).

(c) Default times: After shipping, the Energy Star Program Participant, designated service representative or customer may change the default times for the sleep mode, up to a factory-set maximum of 240 minutes. If a manufacturer chooses to design products with more than one power management mode, then the combined total of the default times shall not exceed 240 minutes.

(d) Disabling the sleep mode: In an individual case where the sleep mode is causing a customer sizeable inconvenience due to his/her particular usage patterns, the Program Participant, designated service representative or customer may disable this sleep mode feature. If the Program Participant chooses to design its product models to allow the customer to disable the sleep mode feature, then the disable option shall be accessed in a manner different from the time settings (e.g. if a software menu provides sleep mode delay times of 15, 30, 60, 90, 120 and 240 minutes, then "disable" or "off" shall not be a choice in this menu. It shall be a hidden (or less obvious) choice or included in a different menu).

IV. COPIER SPECIFICATIONS

A. Definitions

1. Copier: A commercial reprographic imaging unit whose sole function is the production of duplicates from a graphic hard copy original. A copier must include a marking system, an imaging system and a paper handling module. All black and white plain paper copier technologies are covered under this Specification, though the intent is to focus on widely-used standard copier equipment such as light lens copiers. The Specifications outlined below apply to standard-sized copiers designed to handle A4 or 8,5" × 11" paper and large format copiers designed to handle A2 or 17" × 22" paper or larger.

Copier speed: Copies per minute (cpm) measures the reproduction speed of the copier. One copy is defined as one 8,5" or 11" or A4-sized page. Double-sided copies are considered as two images and therefore two copies even though they are copied onto one piece of paper. For all copier models sold in the US market, measurement of copier speed shall be based on 8,5" × 11" letter-sized paper paper. For copiers sold in markets other than the US, copier speed shall be based on either 8,5" × 11" or A4-sized paper, depending on which is standard in a particular market.

For large format copiers designed to handle primarily A2 or 17" × 22" paper or larger, the copier speed measured as A2- or A0-sized copies per minute shall be converted to A4-sized copier speeds as follows: (a) One A2 copy per minute is equivalent to four A4 copies per minute, and (b) One A0 copy per minute is equivalent to 16 A4 copies per minute.

Copiers qualified as Energy Star shall be divided into five categories: low speed standard-sized copiers, medium speed standard-sized copiers, high speed standard-sized copiers, low speed large format copiers, and medium and high speed large format copiers.

A. Low speed standard-sized copiers: Copiers with an engine speed for producing multiple images of 20 copies per minute or less.

B. Medium speed standard-sized copiers: Copiers with an engine speed for producing multiple images of greater than 20 and less than or equal to 44 copies per minute.

C. High speed standard-sized copiers: Copiers with an engine speed for producing multiple images of greater than 44 copies per minute.

D. Low speed large format copiers: Copiers with an engine speed for producing multiple images of 40 copies per minute or less (expressed as A4-sized copies per minute)

E. Medium and high speed large format copiers: Copiers with an engine speed for producing multiple images of greater than 40 copies per minute (expressed as A4-sized copies per minute).

2. Base unit: For a given engine speed, the base unit is defined as the most basic version of a copier that is actually sold as a fully operational model. The base unit is typically designed and shipped in a single piece and does not include any external power-consuming accessories than may be sold separately.

3. Accessory: A piece of additional equipment that is not necessary for the standard operation of the base unit, but that may be added before or after shipping in order to enhance or change copier performance. An accessory may be sold separately under its own model number or sold with a base unit as part of a copier package or configuration. Examples of accessories include: sorters, large capacity paper feeders, etc. It is assumed that the addition of an accessory, irrespective of its own power consumption, will not substantially increase (more than 10 per cent) the off mode power consumption of the base unit. Any accessories shall not impede the normal operation of the auto-off and low-power features.

4. Copier model: For purposes of this Specification, a copier model is defined as a base unit and one or more specific accessories that are advertised and sold to consumers under a single model number. When advertised and sold to consumers without any additional accessories, a base unit is also considered a copier model.

5. Low-power mode: For purposes of this Specification, the low-power mode is the lowest power state the copier can automatically enter within some period of copier inactivity, without actually turning off. The copier enters this mode within a specified period of time after the last copy was made. For purposes of determining the power consumption in this low-power mode, the company may choose to measure the lowest of either the energy-saver mode or the standby mode.

6. Energy-saver mode: The condition that exists when the machine is not making copies, has previously reached operating conditions but is consuming less power than when the machine is in stand-by mode. When the copier is in this mode, there may be some delay before the copier will be capable of making the next copy.

7. Standby mode: The condition that exists when the machine is not making copies, has reached operating conditions and is ready to make a copy, but has not yet entered into energy-saver mode. When the copier is in this mode, there will be virtually no delay before the copier is capable of making the next copy.

8. Off-mode: For purposes of this Specification, the off-mode is defined as the condition that exists when the copier is connected to an appropriate electrical source, and has been recently shut off via the auto-off feature(3). When measuring power in this mode, control equipment for remote servicing may be excluded.

9. Auto-off feature: For purposes of this Specification, the auto-off feature is defined as the ability for the copier to automatically shut itself off within a specified period of time after the last copy was made. The copier shall automatically enter its off mode after execution of this feature.

10. Plug-in mode: The condition that exists when the machine is connected to an appropriate electrical source and is not turned on. To turn the copier on, the user typically needs to manually restart the copier via the on/off switch.

11. Default times: The time period set by the Program Participant prior to shipping that determines when the copier will enter its various modes, i.e. the low-power mode, the off mode, etc. Both the off mode default times and the low-power mode default times shall be measured from the time the last copy was made.

12. Recovery time: The amount of time needed to bring the copier from a low-power mode to the standby mode.

13. Automatic duplex mode: The mode in which the copier automatically places images on both sides of a copy sheet, by automatically sending the both the copy sheet and the graphic original through the copier model. Examples of this are one-sided or two-sided copying, or two-sided to two-sided copying. For purposes of this Specification, a copier model is considered to have an automatic duplex mode only if the copier model includes all accessories needed to satisfy the above conditions, i.e. an automatic document feeder and accessories for automatic duplexing capabilities.

14. Weekly timer: An internal device that turns a copier on and off at predetermined times each business day. When programming a timer, the customer shall be able to distinguish between business days and weekends/holidays (i.e. a timer shall not turn on a copier on Saturday and Sunday mornings if employees are not normally in the office on weekends). The customer shall also have the ability to disable the timer. Weekly timers are optional features and therefore are not required on Energy Star compliant copiers. If included in copier models, weekly timers shall not conflict with the functioning of the low-power and auto-off features.

B. Product qualification for the Energy Star Logo

1. Technical specifications

To quality for the Energy Star logo, a copier shall meet the Specifications outlined below:

Table 12

Criteria for Energy Star copiers

>TABLE>

Program Participant shall set the default times for the auto-feature to the levels specified in the table above. The default times for the off-mode and the low-power mode shall be measured from the time the last copy was made.

For all copier speeds where it is optional that the duplex mode be set as the default, if a model is shipped with automatic duplexing capabilities, then it is recommended that duplexing be set as the default mode. Program Participant may provide users with the ability to override this default duplex mode for single-sided copies.

2. Exceptions and clarifications

After shipping, Program Participant or its designated service representative shall not alter the copier model in any way that will affect the copier's ability to meet the specifications outlined above. Certain exceptions are allowed in changing the default times, the off-mode specifications and the duplex mode. These exceptions are as follows:

(a) Default times: After shipping, the Program Participant, designated service representative or customer may change the default times for either the low-power mode and/or off-mode but only up to a Program Participant set maximum of 240 minutes (i.e. the combined total for off-mode and low-power mode default times shall not exceed 240 minutes).

(b) Off-mode power consumption: In some cases, Program Participant may need to ship a copier model with the anti-humidity device disconnected in order to meet off-mode power requirements. If this situation leads to sizeable inconvenience for a specific customer, Program Participant (or the designated service representative) may connect the anti-humidity device. If Program Participant determines that in a certain geographical area there are chronic reliability problems associated with high humidity levels, Program Participant may contact the EPA program manager and discuss alternative solutions. Program Participants in the European Community Member States Territory may contact the European Commission. For example, EPA or the European Commission may allow Program Participant to connect the anti-humidity devices in copier models that are shipped to a very humid geographical area.

(c) Disabling the auto-off feature: In an individual case where the auto-off feature is causing a customer sizeable inconvenience due to his/her particular usage patterns, the Program Participant, designated service representative, or customer may disable this auto-off feature. If Program Participant chooses to design its copier models to allow the customer to disable the auto-off feature, then the disable option shall be accessed in a manner different from the time settings (e.g. if a software menu provides off-mode delay times of 30, 60, 90, 120 and 240 minutes, then "disable" or "off" shall not be a choice in this menu. It shall be a hidden (or less obvious) choice or included in a different menu).

V. SCANNER SPECIFICATIONS

A. Definitions

1. Scanner: For purposes of this Specification, a scanner is defined as an electro-optical device for converting color or black-and-white information into electronic images that can be stored, edited, converted or transmitted primarily in a personal computing environment. Scanners defined as such are typically used for digitising hard-copy images. The intent of this Specification is to focus on widely-used desktop scanners (e.g. flatbed, sheet-fed and film scanners); however, high-end office document management scanners that meet the Specifications outlined below may qualify for the Energy Star logo. This Specification is for stand-alone scanners; it does not cover multifunction products with scanning capabilities, network scanners (i.e. scanners that connect exclusively to a network and are capable of managing the scanned information for transmissions to multiple locations on the network) or scanners that are not powered directly by the building power supply.

2. Base unit: The base unit is defined as the most basic version of a scanner that is actually sold as a fully operational model. The base unit is typically designed and shipped in a single piece, and does not include any external power-consuming accessories that may be sold separately.

3. Scanner model: For purposes of this Specification, a scanner model is defined as a base unit and one or more specific accessories that are advertised and sold to consumers under a single model number. When advertised and sold to consumers without any additional accessories, a base unit is also considered a scanner model.

4. Accessory: Any piece of additional equipment that is not necessary for the standard operation of the scanner, but that may be added in order to enhance or change scanner performance. An accessory may be sold separately under its own model number, or sold with a base unit as part of a scanner package or configuration. Examples of accessories include automatic document feeders (ADFs) and transparency adaptors.

5. Low-power mode: For purposes of this Specification, the low-power mode is the lowest power state the scanner is designed to enter after some period of inactivity, without actually turning off. The scanner enters this mode within a specified period of time after the last image was scanned.

6. Default time: The time period set by the Program Participant prior to shipping that determines when the scanner will enter the low-power mode. The low-power mode default time shall be measured from the time the last image was scanned.

B. Product qualification for the Energy Star Logo

1. Technical Specifications

Program Participant agrees to introduce one or more specific base units that meet the specifications outlined below.

Table 13

Criteria for Energy Star scanners

>TABLE>

VI. MULTIFUNCTION DEVICE SPECIFICATIONS

A. Definitions

1. Multifunction device: A multifunction device (MFD) is a physically integrated device or a combination of functionally integrated components (the "base unit", see definition below) that produces hard copy duplicates from graphical hard copy originals (distinct from single sheet convenience copying, see next paragraph) as well as performing one or both of the following core functions: printing of documents (from digital information received from direct connect computers, networked computers, file servers and fax transmissions) or faxing (send and receive). An MFD may also include scanning to computer file or any other capabilities not listed in this Specification. The device may be connected to a network and may output black and white, gray scale, or color images. EPA anticipates that a separate Specification may ultimately be required to cover color devices, because of likely technological developments related to color imaging, but for now these devices are included in this Specification.

This Specification covers products that are marketed and sold as multifunction equipment whose primary function is copying but that are able to perform one or both of the additional core functions of printing or faxing. Devices whose primary function is faxing and offer limited sheet copying capabilities (so-called single sheet "convenience copying") are covered under the printer/fax Specification.

If the MFD is not a single integrated unit but a set of functionally integrated components, then the manufacturer must certify that when installed correctly in the field the sum of all power use for all MFD components comprising the base unit will achieve the mower levels listed below to qualify as an Energy Star-compliant MFD.

Some digital copiers can be upgraded into an MFD in the field with the installation of add-on devices that allow printing or faxing capabilities. Program Participants may consider this system of components to be an MFD, and may qualify it according to the Specifications in Tables 13 and 14. However, when the digital copier is sold independently of the add-on devices, the copier must qualify according to the upgradeable digital copier Specifications in Tables 15 and 16.

Some printers can be upgraded into an MFD in the field with the installation of add-on devices that allow copying (not just single sheet convenience copying) and may also allow faxing capabilities. Program Participants may consider this system of components to be an MFD, and may qualify it according to the MFD Specifications. However, when sold independently, the printer cannot be represented as an Energy Star compliance device unless it meets the Energy Star printer Specifications.

2. Image reproduction speed: Images per minute (ipm) measures the image reproduction speed specified in terms of monochrome text output per minute at the default resolution of the MFD. One image is defined as one 8,5" × 11" or A4-sized printed page of single-spaced monochrome text output, 12 point type, Times font, 1" (2,54 cm) margins on all sides of the page. Double-sided prints or copies count as two images even though they are printed on one piece of paper. If at a later date EPA creates a test procedure specifically designed to measure print speed, then that text procedure shall supersede the output speed specifications listed in this section.

For all multifunction device models, engine speed shall be based on either 8,5" or 11" or A4-sized paper, depending on which is the standard in a particular market. If copier and print speeds are different, whichever speed is higher shall be used to determine to which speed category the device belongs.

For large format multifunction device models designed to handle primary A2 or 17" × 22" paper or larger, the reproduction speed measured as A2 or A0-sized images per minute shall be converted into A4-sized image reproduction speeds, as follows:

(a) one A2 image per minute is equivalent to 4 A4 images per minute;

(b) one A0 image per minute is equivalent to 16 A4 images per minute.

Multifunction devices will be divided into the following categories.

Personal multifunction devices: Multifunction devices with an engine speed for producing multiple images of 10 images per minute or less.

Low speed multifunction devices: Multifunction devices with an engine speed for producing multiple images of greater than 10 and less than or equal to 20 images per minute.

Medium speed multifunction devices: Multifunction devices with an engine speed for producing multiple images of greater than 20 and less than or equal to 44 images per minute.

Medium/high speed multifunction devices: Multifunction devices with an engine speed for producing multiple images of greater than 44 and less than or equal to 100 images per minute.

High speed multifunction devices(4): Multifunction devices with an engine speed for producing multiple images of greater than 100 images per minute.

3. Base Unit: For a given engine speed, the base unit is defined as the most basic version of a multifunction device that is actually sold as a fully operational model. The base unit can be designed and shipped as a single piece or as a combination of functionally integrated components. The base unit must allow copying and one or both of the additional core functions of printing or faxing. The base unit does not include any external power-consuming accessories that may be sold separately.

4. Accessories: A piece of additional equipment that is not necessary for the standard operation of the base unit but that may be added before or after shipping in order to enhance or change multifunction device performance. Examples of accessories include: sorters, large capacity paper feeders, paper finishing equipment, large paper supply devices, output paper organisers and key counters. An accessory may be sold separately under its own model number, or sold with a base unit as part of a multifunction device package or configuration. It is assumed that the addition of any accessories will not substantially increase (more than a total of 10 per cent for all accessories) the low-power or sleep mode power consumption of the base unit (irrespective of the power consumption of the accessories). Any accessories shall not impede the normal operation of the low-power and sleep mode features.

5. Multifunction device model: For purposes of this Specification, a multifunction device model is defined as a base unit and one or more specific accessories that are advertised and sold to consumers under a single model number. When advertised and sold to consumers without any additional accessories, a base unit is also considered a multifunction device model.

6. Standby mode: The condition that exits when the machine is not producing output, has reached operating conditions and is ready to make hard copy output, but has not yet entered into the low-power mode. When the multifunction device is in this mode, there will be virtually no delay before the multifunction device is capable of making the next hard copy output.

7. Low-power mode: For purposes of this Specification, the low-power mode is the condition that exists when the multifunction device is not producing hard copy output and is consuming less power than when in a standby mode. When the multifunction device is in this mode there may be some delay in the production of hard copy output. In this mode there shall be no delay in the acceptance of information from fax or printing or scanning input sources. The multifunction device enters this mode within a specified period of time after the last hard copy output was made no matter what the input source. For products that meet the low-power mode power requirements in standby mode, no further power reductions are required to be compliant.

8. Sleep mode: For purposes of this Specification, the sleep mode is the lowest power state the multifunction device can automatically enter without actually turning off. In this mode both hard copy output and the acceptance of imaging information from some input ports may be delayed. The multifunction device enters the sleep mode within a specified period of time after the last hard copy output was made or after it has entered the low-power mode if a low-power mode is provided.

9. Default times: The time period set by the Program Participant prior to shipping that determines when the multifunction device will enter its various modes (i.e. the low-power mode, the sleep mode, etc. Both the sleep mode default times and the low-power mode default times shall be measured from the time the last hard copy output was made.)

10. Recovery time: The amount of time needed to bring the multifunction device from the low-power mode to the standby mode.

11. Automatic duplex mode: The mode in which the multifunction device automatically places images on both sides of a sheet by automatically sending both the sheet and the graphic original through the multifunction device. Examples of this are one-sided to two-sided copying, two-sided to two-sided copying, or double-sided printing. For purposes of this Specification, a multifunction device model is considered to have an automatic duplex mode only if the multifunction device model includes all accessories needed to satisfy the above conditions (i.e. an automatic document feeder and accessories for automatic duplexing capabilities).

12. Weekly timer: An internal device that turns a multifunction device on and off at predetermined times each day. When programming a timer, the customer shall be able to distinguish between business days and weekends/holidays (i.e. a timer shall not turn on a copier on Saturday and Sunday mornings if employees are not normally in the office on weekends). The customer shall also have the ability to disable the timer. Weekly timers are optional features, and therefore are not required on Energy Star-compliant MFDs. If included in multifunction device models, weekly timers shall not conflict with the function of the low-power and sleep mode features.

13. Upgradeable digital copier: A commercial reprographic imaging unit whose sole function is the production of duplicates from a graphic hard copy original using digital imaging technology, but that provides the option of being upgraded to offer multiple functions, such as printing or fax capabilities, through the installation of add-on devices. In order to be classified as an upgradeable digital copier under the MFD Specification, the upgrade options must be available on the market or intended for availability within one year after the base unit is launched. Digital copiers that are not designed for functional upgrades must qualify for the Energy Star logo under the copier Specification.

B. Product qualification for the Energy Star Logo

1. Technical Specifications

Energy Star Program Participant agrees to introduce one or more specific multifunction device models that meet the Specifications outlined in the Tables below.

(a) Standard-sized multifunction devices: To qualify as Energy Star-compliant, multifunction device models designed to handle primarily 8,5" × 11" or A4-sized paper shall meet the Specifications provided in Table 14. All device speeds shall be measured with respect to the number of 8,5" × 11" or A4-sized images that feed through per minute, as described in Section VI.A.2, above.

Table 14

Criteria for Energy Star multifunction devices

>TABLE>

(b) Large format devices: To qualify as Energy Star-compliant, large format multifunction device models designed to handle primarily A2 or 17" × 22" paper or larger shall meet the Specifications provided in Table 15. All large format device speeds shall be measured with respect to the number of A4-sized images that feed through per minute, as described in Section IV.A.2, above.

Table 15

Criteria for Energy Star multifunction devices

LARGE FORMAT DEVICES

>TABLE>

(c) Upgradable digital copiers: To qualify as Energy Star-compliant under the multifunction device Specification, upgradeable digital copiers designed to handle primarily 8,5" × 11" or A-4 sized paper shall meet the specifications provided in Table 16. All device speeds shall be measured with respect to the number of 8,5" × 11" or A-4 sized images that feed through per minute, as described in Section IV.A.2, above.

Table 16

Criteria for Energy Star multifunction devices

UPGRADEABLE DIGITAL COPIERS

>TABLE>

Note that criteria for upgradeable digital copiers are identical to those of the Copier Specification, Tier 2.

(d) Large format upgradeable digital copiers: To qualify as Energy Star-compliant under the multifunction device Specification, upgradeable digital copiers designed to handle primarily A2 or 17" × 22" or larger sized paper shall meet the specifications provided in Table 17. All device speeds shall be measured with respect to the number of A-4 sized images that feed through per minute, as described in Section VI.A.2 of the Specification.

Table 17

Criteria for Energy Star multifunction devices

LARGE FORMAT UPGRADEABLE DIGITAL COPIERS

>TABLE>

2. Additional requirements

In addition to the requirements shown in Tables 14 through 17, the following additional requirements must also be met.

(a) Default time for low-power mode: For MFDs and upgradeable digital copiers, Program Participant shall ship multifunction device models with the default time for the low-power mode set at 15 minutes. Program Participant shall set the default times for the sleep mode to the levels specified in Tables 14 through 17. The default times for the low-power mode and the sleep mode shall be measured from the time the last copy was made or the last page was printed.

(b) Recovery time from low-power mode: The actual recovery time from low-power mode shall be placed in product literature for those products that have a low-power mode.

(c) Weekly timers: Note that weekly timers may be incorporated, but shall not adversely affect or interfere with the normal operation of the low-power or sleep modes. It is EPA's intention that any added features complement the reduced power modes and not negate their effects.

(d) Auto-duplex features: Duplexing is not required to be the default setting for any multifunction devices. However, it is required to be offered as an option for all standard size multifunction devices faster than 20 ipm. Further, it is recommended that multifunction devices be shipped with automatic duplexing set as the default mode for copying and any other feasible functions and described to customers upon installation.

3. Exceptions and clarifications: After shipping, Program Participant or its designated service representative shall not alter the multifunction device model in any way that will affect the multifunction device's ability to meet the specifications outlined above. Certain exceptions are allowed in changing the default times and the duplex mode. These exceptions are as follows.

(a) Default times: After shipping, the Program Participant, designated service representative or customer may change the default times for either the low-power or sleep-mode feature, but only up to a factory-set maximum of 240 minutes (i.e. the combined total of the default times shall not exceed 240 minutes).

(b) Anti-humidity devices: In some cases, Program Participant may need to ship a multifunction device model with the anti-humidity device disconnected in order to meet sleep mode power requirements. If this situation leads to sizeable inconvenience for a specific customer, Program Participant (or the designated service representative) may connect the anti-humidity device. If Program Participant determines that in a certain geographical area there are chronic reliability problems associated with high humidity levels, Program Participant may contact the EPA(5) program manager (as named in Attachment A) and discuss alternative solutions. For example, EPA may allow Program Participant to connect the anti-humidity devices in multifunction device models that are shipped to a very humid geographical area.

(c) Disabling the sleep mode: In an individual case where the sleep mode is causing a customer sizeable inconvenience due to his/her particular usage patterns, the Program Participant, designated service representative or customer may disable this sleep mode feature. If Program Participant chooses to design its multifunction device models to allow the customer to disable the sleep mode feature, then the disable option shall be accessed in a manner different from the time settings (e.g. if a software menu provides sleep mode delay times of 15, 30, 60, 90, 120, and 240 minutes, then "disable" or "off" shall not be a choice in this menu. It shall be a hidden (or less obvious) choice or included in a different menu).

VII. TEST GUIDELINES FOR ENERGY STAR OFFICE EQUIPMENT

1. Test conditions: Outlined below are the ambient test conditions which should be established when performing the power measurement. These are necessary in order to ensure that outside factors do not affect the test results, and that test results can be reproduced later.

(a) Computers, monitors, printers/fax machines and scanners

Line impedance: < 0,25 ohm

Total harmonic distortion: < 5 %

(Voltage)

Input AC voltage(6): 115 VAC RMS ± 5 V RMS

Input AC frequency(7): 60 Hz ± 3 Hz

Ambient temperature: 25 °C ± 3 °C

(b) Copiers and multifunction devices

Line impedance: < 25 ohm

Total harmonic distortion: < 3 %

(Voltage)

Ambient temperature: 21 °C ± 3 °C

Relative humidity: 40-60 %

Distance from wall: 2 ft min.

Other market-specific criteria:

>TABLE>

2. Testing Equipment: The goal is to accurately measure the true power consumption(8) of the device or monitor. This necessitates the use of a true RMS watt-meter. There are many watt-meters to choose from, but manufacturers will need to exercise care in selecting an appropriate model. The following factors should be considered when purchasing a meter and setting up the actual test.

Crest factor

A previous version of the Energy Star testing procedure included a requirement that manufacturers utilize a watt-meter with a crest factor greater than 8. As many Program Participants pointed out, this is not a useful or relevant requirement. The following paragraphs are meant to discuss the issues relating to crest factor and to clarify the intent of the initial incorrect statement. Unfortunately, in order to remedy the error, the Energy Star program cannot provide a specific equipment requirement. Testing is as much art as it is science, and manufacturers and testers will have to exercise judgement and draw on people well versed in testing issues, to select an appropriate meter.

Figure 1

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To begin, it is important to understand that devices which contain switching power supplies draw current in a waveform different from typical sinusoidal current(9). Figure 1 shows the typical current waveform for a typical switched electronic device. While virtually any watt-meter can measure a standard current waveform, it is more difficult to select a watt-meter when irregular current waveforms are involved.

It is critical that the watt-meter selected be capable of reading the current drawn by the device without causing internal peak distortion (i.e. clipping off the top of the current wave). This requires a review of the meter's crest factor(10), and of the current ranges available on the meter. Better meters will have higher crest factors and more choices of current ranges.

When preparing the test, the first step should be to determine the peak current (amps) associated with the device being measured. This can be accomplished using an oscilloscope. Then a current range must be selected that will enable the meter to register the peak current. Specifically, the full scale value of the current range selected multiplied by the crest factor of the meter (for current) must be greater than the peak current reading from the oscilloscope. For example, if a watt-meter has a crest factor of 4, and the current range is set on 3 amps, the meter can register current spikes of up to 12 amps. If measured peak current is only 6 amps, the meter would be satisfactory. The other concern to be aware of is that if the current range is set too high in order to register peak current, it may lose accuracy in measuring the non-peak current. Therefore, some delicate balancing is necessary. Again, with more current range choices and higher crest factors you will get better results.

Frequency response

Another issue to consider when selecting a watt-meter is the frequency response rating of the meter. Electronic equipment that contains switching power supplies causes harmonics (odd harmonics typically up to the 21st). These harmonics must be accounted for in power measurement or the wattage consumption will be inaccurate. Accordingly, the Energy Star program recommends that manufacturers purchase watt-meters that have a frequency response of at least 3 kHz. This will account for harmonics up to the 50th and is recommended by IEC 555.

Resolution

Manufacturers will probably want a meter that can provide resolution of 0,1 W.

Accuracy

Another feature to consider is the resulting accuracy you will be able to achieve. Catalogues and specification sheets for watt-meters typically provide information on the accuracy of power readings that can be achieved at different range settings. If you are measuring a product that is very close to the maximum energy consumption for the mode being tested, you will need to set up a test that will provide greater accuracy.

Calibration

Watt-meters should be calibrated every year to maintain their accuracy.

3. Test Method: Manufacturers should measure the average power consumption of the devices when in the off or low-power modes. This should be done by measuring the energy consumption over a 1-hour period. The resulting energy consumption can be divided by 1 hour to calculate average watts.

Power measurement for energy saving modes: This test should be conducted for each of the energy saving modes (e.g, low-power, off, standby, sleep) applicable to a particular device for Energy Star qualification. Prior to the start of this test, the machine should have been plugged in to a live power line but turned off and stabilised at room ambient conditions for at least 12 hours. An appropriate watt-hour meter should be in line with the machine, ready to give an accurate indication of machine energy consumption without disruption of the power source. This measurement may be done sequentially with the off-mode power measurement; the two tests together should take no more than 14 hours to perform, including the time required for the machine to be plugged in and turned off.

Turn on the device, and let it go through its warm-up cycle. After the default time to the energy saving mode has passed, read and record the watt-hour meter indication and the time (or start the stopwatch or timer). After one hour, read and record the watt-hour indication again. The difference between the two readings of the watt-hour meter is the low-power mode energy use; divide by one hour to obtain the average power rating.

(1) The maximum continuous output power rating of a power supply is the value defined by the power supply manufacturer in the operating instructions provided with the product.

(2) Note that once a printer based unit is upgraded to an MFD (for example, a photocopier unit is added), then the entire product must qualify according to the Energy Star MFD Specification in order for the product to remain Energy Star-compliant.

(3) Section B.1 of this Specification contains maximum power consumption targets for the off-mode. It is expected that most companies which meet these off-mode power consumption targets by incorporating an auto-off feature in the copier. However, it is possible and allowable under this Specification for a manufacturer to utilize a low-power mode, rather than an auto-off feature if the low-power mode power consumption is equal to or less than the off-mode power consumption targets contained in this Specification. (See the Test Guidelines for more information on this issue).

(4) For a multifunction device where the above method would give an inaccurate result (because the device is not completely warmed up after the first warm-up cycle plus 15 minutes standby time), the following procedure (in line with ASTM Standard F757-94) may be used:

Turn on the MFD and allow the machine to warm up and stabilise in the ready mode (= standby mode) for two hours. During the first 105 minutes, prevent the MFD from entering the low power mode (e.g. by making one copy every 14 minutes during this period). Make the last copy at 105 minutes after the MFD was turned on. Then wait exactly 15 minutes. After 15 minutes has passed, read and record the watt-hour meter indication and the time (or start the stopwatch or time). After 1 hour, read and record the watt-hour indication again. The difference between the two readings of the watt-hour meter is the low-power mode energy use; divide by 1 hour to obtain the average power rating.

(5) For products registered with the European Commission, Program Participants may contact the European Commission.

(6) If products will be sold in Europe or Asia, testing should also be performed at the appropriate machine-rated voltage and frequency. For example, products destined for European markets might be tested at 230 V and 50 Hz. The logo should not be displayed on products shipped to Europe or Asia if the equipment does not meet the power requirements of the Program at the local voltage and frequency conditions.

(7) If products will be sold in Europe or Asia, testing should also be performed at the appropriate machine-rated voltage and frequency. For example, products destined for European markets might be tested at 230 V and 50 Hz. The logo should not be displayed on products shipped to Europe or Asia if the equipment does not meet the power requirements of the Program at the local voltage and frequency conditions.

(8) True power is defined as (volts) × (amps) × (power factor) and is typically reported as watts. Apparent power is defined as (volts) × (amps) and is usually expressed in terms of VA or volt-amps. The power factor for equipment with switching power supplies is always less than 1,0, so true power is always less than apparent power.

(9) The crest factor for a sinusoidal 60 Hz current waveform is always 1,4. The crest factor for a current waveform associated with a PC or monitor containing a switching power supply will always be greater than 1,4 (though typically no higher than 8). The crest factor of a current waveform is defined as the ratio of the peak current (amps) to the RMS current (amps).

(10) The crest factor of a watt-meter is often provided for both current and voltage. For current it is the ratio of the peak current to the RMS current in a specific current range. When only one crest factor is given, it is usually for current. An average true RMS watt-meter has a crest factor in the range of 2:1 to 6:1.

Exchange of diplomatic Notes

Note No 1

Diplomatic Note from EC to USA

Excellency,

I have the honor to refer to the Agreement between the Government of the United States of America and the European Community on the Coordination of Energy-Efficient Labeling Programs for Office Equipment (hereinafter "the Agreement"), done at Washington DC on 19 December 2000.

I have the further honor to record the following understandings pertaining to the implementation of the Agreement.

1. To maximise the impact of their individual programs for energy-efficiency of office equipment, the European Community and the Government of the United States of America will use a single set of energy-efficiency specifications and a Common Logo, in accordance with Annex A to the Agreement.

2. The European Community intends to use the Common Logo defined in the Agreement as the Community-wide label to identify energy-efficient office equipment. European Community Member States may introduce or continue to use other labeling programs for energy-efficient office equipment, even if they are used Community-wide.

3. The European Community understands that, in order to avoid any potential conflict associated with the registration of the Energy Star marks in the individual Member States of the Community, the US Environmental Protection Agency has already filed applications for registration of the Energy Star marks as Community trade marks with the Office for Harmonisation in the Internal Market in the European Community.

4. The European Community also understands that the proper use of the Common Logo will be controlled in a different manner by each of the European Community Member States and by the United States of America. The US Environmental Protection Agency (US EPA) is the owner of the Energy Star marks and controls the use of the marks by entering into a Memorandum of Understanding with each Program Participant it registers. The European Community intends to implement and control the proper use of the Energy Star marks in the Member States of the Community pursuant to specific legislation that will set out the conditions for the proper use of the international Energy Star logo.

5. The European Commission hereby informs the United States Government that its applications for registration of the Energy Star marks in the individual Member States of the Community may encounter objections once the aforementioned legislation is enacted.

6. The European Commission hereby understands that the Government of the United States of America will continue its domestic Energy Star labeling program and will continue to register Program Participants with respect to product types in addition to those identified in Annex C to the Agreement.

7. The European Commission hereby understands that nothing in this Agreement shall be construed to mean that either Party may hinder the import, export, sale or distribution of any product because it bears or does not bear the energy-efficiency marks of the Management Entity of the other Party.

8. The European Commission hereby informs the United States Government that the European Parliament, which would be the co-legislator for similar initiatives at the European level, will be consulted by the European Commission on matters concerning the technical specifications.

I have the honor to request that Your Excellency provide written confirmation that the Government of the United States of America agrees with the aforestated understandings.

Accept, Excellency, the renewed assurances of my highest consideration.

(Appropriate signature)

Note No 2

Diplomatic Note from USA to EC

Excellency,

I have the honor to acknowledge receipt of Your Excellency's Note No 1, dated 19 December 2000, concerning the understandings relating to the implementation of the Agreement between the Government of the United States of America and the European Community on the Coordination of Energy-Efficient Labeling Programs for Office Equipment (hereinafter "the Agreement"), done at Washington DC on 19 December 2000.

I have the further honor to inform the European Community that the Government of the United States of America shares the understandings contained in your Excellency's note, as follows: "1. To maximise the impact of their individual programs for energy-efficiency of office equipment, the European Community and the Government of the United States of America will use a single set of energy-efficiency specifications and a Common Logo, in accordance with Annex A to the Agreement.

2. The European Community intends to use the Common Logo defined in the Agreement as the Community-wide label to identify energy-efficient office equipment. European Community Member States may introduce or continue to use other labeling programs for energy-efficient office equipment, even if they are used Community-wide.

3. The European Community understands that, in order to avoid any potential conflict associated with the registration of the Energy Star marks in the individual Member States of the Community, the US Environmental Protection Agency has already filed applications for registration of the Energy Star marks as Community trade marks with the Office for Harmonisation in the Internal Market in the European Community.

4. The European Community also understands that the proper use of the Common Logo will be controlled in a different manner by each of the European Community Member States and by the United States of America. The US Environmental Protection Agency (US EPA) is the owner of the Energy Star marks and controls the use of the marks by entering into a Memorandum of Understanding with each Program Participant it registers. The European Community intends to implement and control the proper use of the Energy Star marks in the Member States of the Community pursuant to specific legislation that will set out the conditions for the proper use of the international Energy Star logo.

5. The European Commission hereby informs the United States Government that its applications for registration of the Energy Star marks in the individual Member States of the Community may encounter objections once the aforementioned legislation is enacted.

6. The European Commission understands that the Government of the United States of America will continue its domestic Energy Star labelling program and will continue to register Program Participants with respect to product types in addition to those identified in Annex C to the Agreement.

7. The European Commission understands that nothing in this Agreement shall be construed to mean that either Party may hinder the import, export, sale or distribution of any product because it bears or does not bear the energy-efficiency marks of the Management Entity of the other Party.

8. The European Commission hereby informs the United States Government that the European Parliament, which would be the co-legislator for similar initiatives at the European level, will be consulted by the European Commission on matters concerning the technical specifications."

Accept, Excellency, the renewed assurances of my highest consideration.

(For the Secretary)