Explanatory Memorandum to COM(2012)108 - Conclusion of the Agreement with the Government of the USA on the coordination of energy-efficiency labelling programmes for office equipment - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2012)108 - Conclusion of the Agreement with the Government of the USA on the coordination of energy-efficiency labelling programmes for ... |
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| source | COM(2012)108  |
| date | 15-03-2012 |
Article 194 TFUE states that one of the objectives of EU energy policy is the efficient use of energy. Office equipment accounts for an important share of the electricity consumption of the EU.
To date, the main means of improving the energy consumption of office equipment has been the EU Energy Star Programme. This was established by the US Environmental Protection Agency and is implemented in the EU on the basis of an Agreement between the US and the EU, which was renewed in 2006 for a period of 5 years i. From 2008, the programme was reinforced by Regulation (EC) No 106/2008 of the European Parliament and of the Council of 15 January 2008 on a Community energy-efficiency labelling programme for office equipment i.
On the basis of a Commission Recommendation i the Council authorised the Commission to negotiate a new agreement on 12 July 2011. The negotiations based on this mandate were concluded on 28 November 2011. In line with this Council Decision the Energy Working Group of the Council was consulted and assisted the Commission in the negotiations. The proposed agreement is fully in line with the negotiating directives provided by the Council.
Contents
The proposals for the new agreement and the recast of Regulation (EC) 106/2008 presented together with this proposal take into account the experience gained during the first two periods of implementation of the Energy Star Programme in the EU from 2001 to 2010, as well as the consultations with the European Union Energy Star Board.
The detailed rationale for concluding a new Agreement continuing the Energy Star Programme for a third period of five years on the basis of the Agreement attached in the Annex is set out in the Recommendation from the Commission to the Council to open negotiations for the third Energy Star Agreement and in the Communication on the implementation of the Energy Star Programme in the period 2006-2010 i.The main points are summarised hereinafter:
– Energy Star has been very effective in steering the office equipment market towards greater energy efficiency. It has succeeded in reducing the electricity consumption of office equipment sold in the last 3 years by around 11 TWh, i.e. by approximately 16 %. As a result, more than EUR 1.8 bn have been saved on energy bills and 3.7 Mt of CO2 emissions have been avoided.
– It provides a flexible and dynamic policy framework which is particularly well suited to fast-evolving products such as ICT (information and communication technology).
– The EU and the US should continue to cooperate on developing product specifications, so that the same level of requirements can be introduced at approximately the same time by both entities.
– Given the intention of the US to introduce third-party certification to the programme, the Agreement should continue under two distinct product registration systems with self-certification applied in the EU and third-party certification applied in the US. The end of the mutual recognition principle is not expected to have a negative on impact manufacturers participating in the EU programme, as they are focused primarily on the EU market.
– Manufacturers have indicated that the requirement for central government authorities to purchase office equipment at least as efficient as Energy Star has been the primary driver for their participation in the programme. Moreover as a significant proportion of them participate in public tenders in Member States other than where they are established, a reinforcement of the provisions on public procurement should be considered. Further arguments for strengthening the provisions on public procurement are provided in the Impact Assessment i accompanying the proposal for an Energy Efficiency Directive i.
– Although the available data shows a high degree of compliance, the Commission and the Member States should cooperate closely on the thorough enforcement of the programme and should review the effectiveness of this enforcement no later than 18 months after the conclusion of the agreement. In this connection, the respective obligations of the Commission and of the Member States regarding the enforcement of the programme should be clarified.
– The Commission will continue to monitor the impact of the changes proposed by the US and of the Energy Star Programme on energy savings, manufacturers and compliance. At least one year before the expiry of the new agreement it will analyse future options for addressing the energy consumption of office equipment, including replacing Energy Star with alternative policy instruments.
3. LEGAL ASPECTS OF THE PROPOSAL
As required by the negotiating directives provided by the Council to the Commission, Article VI of the new agreement makes it possible for manufacturers to self-certify their products in the EU. Under the new agreement there will thus be two separate product-registration systems: self-certification in the EU and third-party certification in the US.
Article IX of the new Agreement now provides greater clarity regarding the respective responsibilities of the Commission and Member States with respect to the enforcement of the EU Energy Star Programme without, however, creating any new obligations as compared with the current agreement and Regulation (EC) 106/2008.
There are no other substantial changes in the new agreement as compared with the current text. Annex C contains the common technical specifications (efficiency criteria for obtaining the Energy Star qualification and label) as amended by Commission Decisions 2009/789/EC i, 2009/489/EC i and 2009/347/EC i. It will be amended in line with the procedure set out in Article XII of the new agreement should new or updated specifications be established by the US Environmental Protection Agency and the European Commission.
A proposal for the amendment of Regulation (EC) No 106/2008 of the European Parliament and of the Council on a Community energy-efficiency labelling programme for office equipment is presented in parallel with this draft Decision.
The proposal aims at continuing the implementation of an existing programme and therefore has no impact on operational and administrative appropriations and on human resources.