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THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 194(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee(1),
After consulting the Committee of the Regions,
Acting in accordance with the ordinary legislative procedure(2),
Whereas:
(1) Regulation (EC) No 106/2008 of the European Parliament and of the Council(3) implements the Energy Star programme in the Union on the basis 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(4). That Agreement expired on 28 December 2011 and the Council adopted a decision authorising the Commission to negotiate a new five-year agreement with the United States. Negotiations regarding the new 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(5) (‘the Agreement’) were concluded on 29 November 2011. Therefore, a reference to the Agreement should be inserted.
(2) It is also necessary to update the references to the Union labelling or quality-certification schemes established by Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products(6), Directive 2010/30/EU of the European Parliament and of the Council of 19 May 2010 on the indication by labelling and standard product information of the consumption of energy and other resources by energy-related products(7) and Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel(8).
(3) It is also appropriate to amend the name of the Energy Star Board.
(4) Article VI of the Agreement which provides for two separate product certification schemes (self-certification for products placed on the Union market and third-party certification for products placed on the United States market) should be taken into account.
(5) The link with the relevant provisions of Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency(9) should be clarified.
(6) The respective obligations of the Member States and the Commission for the enforcement of the Energy Star programme should be clarified.
(7) The assessment of the Energy Star programme should include a consideration of alternative policy options and provide sufficient time for an informed decision on a possible renewal of the Agreement.
(8) Regulation (EC) No 106/2008 should therefore be amended accordingly,
HAVE ADOPTED THIS REGULATION:
Position of the European Parliament of 11 December 2012 (not yet published in the Official Journal) and decision of the Council of 20 December 2012.
See page 7 of this Official Journal.