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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 (recast version)

Current text a fecha 2013-03-26

Article 1

Objective

This Regulation establishes the rules for the Union energy-efficiency labelling programme for office equipment (hereinafter referred to as the Energy Star programme) as defined in the Agreement between the Government of the United States of America and the European Union on the coordination of energy-efficiency labelling programmes for office equipment signed on 10 December 2012 in Brussels and 18 January 2013 in Washington (10) (hereinafter referred to as ‘the Agreement’).

Article 2

Scope

This Regulation shall apply to the office equipment product groups defined in Annex C to the Agreement, subject to any amendment thereof in accordance with Article XII of the Agreement.

Article 3

Definitions

For the purposes of this Regulation the following definitions shall apply:

(a) ‘Common Logo’ shall mean the mark depicted in Annex A to the Agreement;

(b) ‘programme participants’ shall mean manufacturers, assemblers, exporters, importers, retailers and other persons or bodies that commit themselves to promoting designated energy-efficient office equipment products that meet the Common Specifications defined in point (c) and that have chosen to participate in the Energy Star programme by having registered with the Commission;

(c) ‘Common Specifications’ shall mean the energy-efficiency and performance requirements, including testing methods, used to determine qualification of energy-efficient office equipment products for the Common Logo.

Article 4

General principles

Article 5

Registration of programme participants

Article 6

Promotion of energy-efficiency criteria

Article 8

European Union Energy Star Board

Article 9

National representatives

Each Member State shall designate, as appropriate, national energy policy experts, authorities or persons (hereinafter referred to as national representatives) responsible for carrying out the tasks provided for in this Regulation. Where more than one national representative is designated, the Member State shall determine those representatives' respective powers and the coordination requirements applicable to them.

Article 10

Work plan

In accordance with the objective set out in Article 1, the Commission shall establish a work plan. The work plan shall include a strategy for the development of the Energy Star programme, which shall set out for the subsequent three years:

(a) the objectives for energy-efficiency improvement, bearing in mind the need to pursue a high standard of consumer and environmental protection and the market penetration which the Energy Star programme should seek to achieve at Union level;

(b) a non-exhaustive list of office equipment products which should be considered as priorities for inclusion in the Energy Star programme;

(c) educational and promotional initiatives;

(d) proposals for coordination and cooperation between the Energy Star programme and other voluntary energy-efficiency labelling schemes in Member States.

The Commission shall review its work plan at least once a year and make it publicly available.

Article 11

Preparatory procedures for the revision of technical criteria

Article 12

Market surveillance and control of abuse

Article 13

Review and revision

Before the Parties to the Agreement discuss its renewal in accordance with Article XIV, paragraph 2 thereof, the Commission shall evaluate the effectiveness of the Energy Star programme in improving the energy efficiency of office equipment, in creating new jobs and in providing market opportunities for manufacturers, and assess alternative policy options such as those provided by Union legislation, in particular Directives 2009/125/EC and 2010/30/EU. The results of such an evaluation and assessment shall be reported to the European Parliament and to the Council at least two years before the expiry of the Agreement.

Article 15

Repeal

Regulation (EC) No 2422/2001 is hereby repealed.

References made to the repealed Regulation shall be construed as being made to this Regulation and shall be read in accordance with the correlation table in the Annex.

Article 16

Final provisions

This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX

Regulation (EC) No 2422/2001 This Regulation
Article 1 Article 1
Article 1, last sentence
Article 2 Article 2
Article 3 Article 3
Article 4(1) Article 4(1)
Article 4(2) Article 4(2)
Article 4(3)
Article 4(3) Article 4(4)
Article 4(4) Article 4(5)
Article 5 Article 5
Article 6(1)
Article 6(2)
Article 6(3) Article 6
Article 7 Article 7
Article 8(1) Article 8(1)
Article 8(2)
Article 8(3) Article 8(2)
Article 8(3)
Article 8(4) Article 8(4)
Article 8(5)
Article 9 Article 9
Article 10, first paragraph, introductory part Article 10, first paragraph, introductory part
Article 10, first paragraph, first indent Article 10, first paragraph, point (a)
Article 10, first paragraph, second indent Article 10, first paragraph, point (b)
Article 10, first paragraph, third indent
Article 10, first paragraph, point (c)
Article 10, first paragraph, fourth indent Article 10, first paragraph, point (d)
Article 10, second paragraph, first sentence Article 10, second paragraph
Article 11, first paragraph Article 11(1)
Article 11, point 1 Article 11(2)
Article 11, point 2 Article 11(3)
Article 11, point 3, first sentence Article 11(4)
Article 11, point 3, second sentence Article 11(5), first sentence
Article 11(5), last sentence
Article 12 Article 12
Article 13
Article 13
Article 14, first paragraph Article 14
Article 14, second paragraph
Article 15
Article 15 Article 16
Annex