(1)

Article 16(2) of Directive 2005/32/EC of the European Parliament and of the Council (2) makes provision for an implementing measure, one of the priority measures being to reduce standby losses for a group of products.

(2)

The networked standby electric power consumption of electrical and electronic household and office equipment had been addressed by the technical, environmental and economic study on standby and off mode losses carried out in 2006/07. It concluded that network connectivity was to become a common feature of household and office equipment. The Regulatory Committee on the Ecodesign of Energy-using Products recommended on 21 June 2008 addressing the question of networked standby in a separate process, due to a lack of data at the time.

(3)

The Ecodesign Work Plan 2009-11 identified networked standby as one of the priorities. Accordingly, the Commission carried out a preparatory study in 2010/11 which analysed the technical, environmental and economic aspects of networked standby. The study was devised in association with stakeholders and interested parties from the EU and non-member countries, and the results were made publicly available.

(4)

The study estimated the power consumption of electrical and electronic household and office equipment products sold in the Community related to conditions providing networked standby to be 54 TWh in 2010, corresponding to 23 Mt CO2 emissions. If no specific measures are taken, consumption is predicted to increase to 90 TWh in 2020. The conclusion was that electricity consumption related to networked standby can be significantly reduced. The present Regulation should increase the market penetration of technologies yielding improved energy efficiency for networked standby, leading to estimated energy savings of 36 TWh in 2020 and 49 TWh in 2025, compared to a business-as-usual scenario.

(5)

In particular, the study found that the power management function that switches equipment into a condition having networked standby when not providing a main function is essential for delivering the potential savings. It is acknowledged that equipment, reactivated by an external or internal trigger, can be in an active mode for a limited period of time independently from its main function(s), e.g. to enable servicing or downloading of software. Power management should ensure that the product returns into a condition having networked standby after having completed the tasks.

(6)

The preparatory study concluded that for networked standby a differentiation of requirements along the degree of network availability was needed. To that end, a limited number of HiNA equipment was identified, amongst which router, network switch, wireless network access point, hub and modem whose main function is the processing of network traffic. Since this equipment is expected to react on incoming traffic immediately, the condition having networked standby can be equivalent to the idle mode.

(7)

Given that the functionalities in conditions of standby and networked standby are interlinked and the product scope is equivalent, the Ecodesign Consultation Forum supported, on 14 September 2011, the view that the ecodesign requirements regarding networked standby should be set out in an amending act to the existing Commission Regulation (EC) No 1275/2008 (3).

(8)

The requirements for standby and off mode, and for networked standby should be reviewed together. Given that the review date laid down in Regulation (EC) No 1275/2008 precedes the entry into force of the first stage of the networked standby requirements, the Regulation review date should be postponed by one year.

(9)

Given that televisions which are subject to a product-specific ecodesign implementing measure were exempted from the scope of Regulation (EC) No 1275/2008, ecodesign requirements for television-related networked standby are included in Commission Regulation (EC) No 642/2009 (4). The technical, environmental and economic study on networked standby estimated that the ecodesign requirements for networked standby of televisions would generate estimated savings of 10 TWh by 2020.

(10)

For coffee machines, the Ecodesign Consultation Forums (5) of 16 December 2011 and 18 April 2012 supported the view that a product-specific implementing measure should not be adopted, but that the standby requirements of Regulation (EC) No 1275/2008 should be made more explicit for coffee machines.

(11)

This regulation introduces specifications for the application of the power management requirements to coffee machines with regard to the default delay time after which the equipment is automatically switched into standby/off mode.

(12)

It can be concluded from the technical, environmental and economic study on household coffee machines, carried out under the Ecodesign Directive, that limiting the delay time after which coffee machines are automatically switched into standby/off mode will result in additional annual savings of more than 2 TWh by 2020. These have not been considered in the savings assumptions for Regulation (EC) No 1275/2008,

(1)

the title is replaced by the following:

‘ Commission Regulation (EC) No 1275/2008 of 17 December 2008 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for standby and off mode, and networked standby, electric power consumption of electrical and electronic household and office equipment ’;

(2)

Article 1 is replaced by the following:

(3)

the following definitions are added in Article 2:

(4)

Article 3 is replaced by the following:

(5)

Article 7 is replaced by the following:

(6)

Article 8 is replaced by the following:

(7)

Annex II is amended as follows:

(8)

the following is added to Annex III:

‘Regarding the requirements set out in Annex II, point 2(d), Member States’ authorities shall use the applicable procedure above to measure the power consumption after the power management function, or similar function, has switched the equipment into the applicable mode or condition.

Regarding the requirements set out in Annex II, points 3(c) and 4(a) Member States authorities shall use the applicable procedure above, after having deactivated and/or disconnected, as applicable, all network ports of the unit.

When performing the market surveillance checks referred to in Article 3(2) of Directive 2009/125/EC of the European Parliament and of the Council (*1), the Member States’ authorities shall apply the following verification procedure for the requirements set out in Annex II, points 3 and 4, as applicable.

Member States’ authorities shall test one single unit as follows:

In addition to the procedures set out above, Member States’ authorities shall use reliable, accurate and reproducible measurement procedures which take into account the generally recognised state of the art, including methods set out in documents the reference numbers of which have been published for that purpose in the Official Journal of the European Union.

(*1)   OJ L 285, 31.10.2009, p. 10.’;"

(9)

In Annex IV the following is added after the last sentence:

‘Networked standby: 3 W for HiNA equipment; 1 W or less for non-HiNA equipment.’.

(1)

in Article 2, the following definitions are added:

(2)

Annex I is amended as follows:

(3)

In Annex II, point 2 is replaced by the following:

‘2.   Measurements of standby/off-mode, and networked standby power consumption

Measurements of the power consumption referred to in Annex I, Parts 2 and 3 shall fulfil all of the following conditions:

The power consumption referred to in point 2.1(a) and (b), point 2.2(a) and (b) and points 3.1(d) and 3.2(c) shall be established by a reliable, accurate and reproducible measurement procedure, which takes into account the generally recognised state of the art.’;

(4)

Annex III is replaced by the following:

(1)

In accordance with Article 80(1)(a) of Regulation (EC) No 1107/2009, Council Directive 91/414/EEC (2) is to apply, with respect to the procedure and the conditions for approval, to active substances for which a decision has been adopted in accordance with Article 6(3) of that Directive before 14 June 2011. For fluopyram the conditions of Article 80(1)(a) of Regulation (EC) No 1107/2009 are fulfilled by Commission Decision 2009/464/EC (3).

(2)

In accordance with Article 6(2) of Directive 91/414/EEC, Germany received on 30 June 2008 an application from Bayer CropScience AG for the inclusion of the active substance fluopyram in Annex I to Directive 91/414/EEC. Decision 2009/464/EC confirmed that the dossier was ‘complete’ in the sense that it could be considered as satisfying, in principle, the data and information requirements of Annexes II and III to Directive 91/414/EEC.

(3)

For that active substance, the effects on human and animal health and the environment have been assessed, in accordance with the provisions of Article 6(2) and (4) of Directive 91/414/EEC, for the uses proposed by the applicant. The designated rapporteur Member State submitted a draft assessment report on 30 August 2011.

(4)

The draft assessment report was reviewed by the Member States and the European Food Safety Authority (hereinafter ‘the Authority’). The Authority presented to the Commission its conclusion (4) on the pesticide risk assessment of the active substance fluopyram on 17 December 2012. The draft assessment report and the conclusion of the Authority were reviewed by the Member States and the Commission within the Standing Committee on the Food Chain and Animal Health and finalised on 16 July 2013 in the format of the Commission review report for fluopyram.

(5)

It has appeared from the various examinations made that plant protection products containing fluopyram may be expected to satisfy, in general, the requirements laid down in Article 5(1)(a) and (b) and Article 5(3) of Directive 91/414/EEC, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve fluopyram.

(6)

In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions and restrictions. It is, in particular, appropriate to require further confirmatory information.

(7)

A reasonable period should be allowed to elapse before approval in order to permit Member States and the interested parties to prepare themselves to meet the new requirements resulting from the approval.

(8)

Without prejudice to the obligations provided for in Regulation (EC) No 1107/2009 as a consequence of approval, taking into account the specific situation created by the transition from Directive 91/414/EEC to Regulation (EC) No 1107/2009, the following should, however, apply. Member States should be allowed a period of six months after approval to review authorisations of plant protection products containing fluopyram. Member States should, as appropriate, vary, replace or withdraw authorisations. By way of derogation from that deadline, a longer period should be provided for the submission and assessment of the complete Annex III dossier, as set out in Directive 91/414/EEC, of each plant protection product for each intended use in accordance with the uniform principles.

(9)

The experience gained from inclusions in Annex I to Directive 91/414/EEC of active substances assessed in the framework of Commission Regulation (EEC) No 3600/92 of 11 December 1992 laying down the detailed rules for the implementation of the first stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/EEC concerning the placing of plant protection products on the market (5) has shown that difficulties can arise in interpreting the duties of holders of existing authorisations in relation to access to data. In order to avoid further difficulties it therefore appears necessary to clarify the duties of the Member States, especially the duty to verify that the holder of an authorisation demonstrates access to a dossier satisfying the requirements of Annex II to that Directive. However, this clarification does not impose any new obligations on Member States or holders of authorisations compared to the Directives which have been adopted until now amending Annex I to that Directive or the Regulations approving active substances.

(10)

In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (6) should be amended accordingly.

(11)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting such authorisation. Article 10 of that Regulation provides for the re-evaluation of additives authorised pursuant to Council Directive 70/524/EEC (2).

(2)

Folic acid was authorised without a time limit in accordance with Directive 70/524/EEC as a feed additive for use on all animal species as part of the group ‘Vitamins, pro-vitamins and chemically well-defined substances having similar effect’. That product was subsequently entered in the European Union Register of Feed Additives as an existing product, in accordance with Article 10(1) of Regulation (EC) No 1831/2003.

(3)

In accordance with Article 10(2) of Regulation (EC) No 1831/2003 in conjunction with Article 7 thereof, an application was submitted for the re-evaluation of folic acid, as a feed additive for all animal species, requesting that additive to be classified in the additive category ‘nutritional additives’. That application was accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinion of 24 April 2012 (3) that, under the proposed conditions of use in feed, folic acid does not have an adverse effect on animal and consumer health, and it is not expected to pose additional risk for the environment. The Authority also concluded that no safety concerns would arise for users provided that appropriate protective measures are taken. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(5)

The assessment of folic acid shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that substance should be authorised as specified in the Annex to this Regulation.

(6)

Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for the disposal of existing stocks of the additive, premixtures and compound feed containing it, as authorised by Directive 70/524/EEC.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,