2006/1005/EC: Council Decision of 18 December 2006 concerning conclusion of the Agreement between the Government of the United States of America and the European Community on the coordination of energy-efficiency labelling programmes for office equipment

• Published date: 28 December 2006
• Subject Matter: External relations,Information and verification,Energy
• Official Gazette Publication: Official Journal of the European Union, L 381, 28 December 2006

28.12.2006 EN Official Journal of the European Union L 381/24

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COUNCIL DECISION

of 18 December 2006

concerning conclusion of the Agreement between the Government of the United States of America and the European Community on the coordination of energy-efficiency labelling programmes for office equipment

(2006/1005/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with Article 300(2), first subparagraph, first sentence, and Article 300(4) thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Council Decision authorising the Commission to open negotiations for an Agreement between the Government of the United States of America and the European Community on the coordination of energy-efficiency labelling programmes for office equipment was adopted on 5 May 2006.

(2) The negotiations have been concluded and the Agreement between the Government of the United States of America and the European Community on the coordination of energy-efficiency labelling programmes for office equipment (hereinafter referred to as ‘the Agreement’) was initialled by both Parties on 7 June 2006.

(3) The appropriate internal Community procedures should be established to ensure proper operation of the Agreement.

(4) The market for office equipment is evolving rapidly. It is essential to reassess frequently the potential for maximising energy savings and environmental benefits by stimulating the supply of and demand for energy-efficient products. It is therefore necessary to empower the Commission, assisted by a Community advisory board made up of national representatives and of all interested parties, to reassess and upgrade the Common Specifications for office equipment set out in Annex C to the Agreement regularly and to take certain decisions for implementation of the Agreement, such as the layout of the Energy Star logo and the guidelines for use of the logo contained in Annexes A and B respectively.

(5) Implementation of the Agreement should be reviewed by the Technical Commission established by the Agreement.

(6) Each party to the Agreement should designate a management entity and the procedure for amending the Agreement should be defined.

(7) The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement between the Government of the United States of America and the European Community on the coordination of energy-efficiency labelling programmes for office equipment, including its Annexes, is hereby approved on behalf of the Community.

The text of the Agreement and the Annexes thereto are attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.

Article 3

The President of the Council shall, on behalf of the Community, give the notification in writing provided for in Article XIV(1) of the Agreement.

Article 4

1. The Commission shall represent the Community in the Technical Commission provided for in Article VII of the Agreement, after having heard the views of the members of the European Community Energy Star Board established by Regulation (EC) No 2422/2001 of the European Parliament and of the Council (1). After consulting the European Community Energy Star Board, the Commission shall carry out the tasks referred to in Articles VI(5), VII(1) and (2), and IX(4) of the Agreement.

2. With a view to preparing the position of the Community with regard to amendments to the list of office equipment in Annex C to the Agreement, the Commission shall take into account any opinion given by the European Community Energy Star Board.

3. The position of the Community with regard to decisions to be taken by the management entities shall be determined, with regard to amendments of Annex A (Energy Star name and common logo), Annex B (Guidelines for proper use of the Energy Star name and common logo), and Annex C (Common Specifications) to the Agreement, by the Commission, after consultation of the European Community Energy Star Board.

4. In all other cases, the position of the Community with regard to decisions to be taken by the Parties to the Agreement shall be determined by the Council, acting on a proposal from the Commission in accordance with Article 300 of the Treaty.

Article 5

This Decision shall be published in the Official Journal of the European Union.

Done at Brussels, 18 December 2006.

For the Council

The President

J.-E. ENESTAM

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(1) OJ L 332, 15.2.2001, p. 1.

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AGREEMENT

between the Government of the United States of America and the European Community on the coordination of energy-efficiency 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;

TAKING INTO ACCOUNT the 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, done on 19 December 2000, and its annexes, as amended (hereinafter ‘the 2000 Agreement’);

SATISFIED by the progress made under the 2000 Agreement;

CONVINCED that additional benefits will be achieved by continuing mutual efforts on ENERGY STAR;

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 Common Specifications strive to represent not more than 25 percent of models for which data is available at the time the specifications are set while also taking other factors into consideration.

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

Article II

Relation to the 2000 Agreement

This Agreement supersedes in its entirety the 2000 Agreement.

Article III

Definitions

For the purposes of this Agreement:

(a) ‘ENERGY STAR’ means the service mark designated in Annex A and owned by the United States Environmental Protection Agency (‘U.S. EPA’);

(b) ‘Common Logo’ means the certification mark designated in Annex A and owned by U.S. 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 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) ‘Common 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 IV

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 United States of America designates the U.S. EPA as its Management Entity.

Article V

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 Guidelines for Proper Use of the ENERGY STAR Name and Common Logo set forth in Annex B.

2. The ENERGY STAR Labelling Program shall use the Common Specifications listed in Annex C.

3. To the extent that each Management Entity takes effective measures to educate consumers about the ENERGY STAR Marks, it shall do so in accordance with the Guidelines for Proper Use of the ENERGY STAR Name and Common Logo set forth in Annex B.

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

Article VI

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 Common Specifications set forth in Annex C, and may self-certify...