Agreement Case 1

(11) In accordance with Article 2 and Annexes I iv of The Commission`s Directive 95/12/EC of 23 May 1995 zur Umsetzung der Richtlinie 92/75/EWG des Rates `ber die Energiekennzeichnung von Haushaltswmaschinen (6 ) fassung fassung durch die Richtlinie 96/89/EG (7) werden die Waschmaschine in gesamten der Gemeinschaft durch die Energieeffizienz eingestuft und gekennzeichnet (kWh/Kg, kilowatt hour/kilogram charge) in seven kategorian A to G (“energy categories”). These categories are used in the agreement. (26) CECED is a business association. The members of the agreement are manufacturers or importers of household appliances or associations of these manufacturers or importers. (45) After the full implementation of the agreement by 2001, 1,718 models of the G, F, E and D energy classes (just under 63%) a series of 2,730 community models in 1995. With regard to unit sales, the number of machines that would no longer be allowed on the market represented between 10 and 11% of the Community`s total sales in 1997. Of the order of magnitude, it is almost the size of the Austrian, Swedish and Benelux market as a whole. Producers directly involved in the agreement include Atag Kitchen Group BV, Bosch Siemens Hausger-te GmbH, Brandt SA, Candy Elettrodomestici Srl, Electrolux Holdings Ltd, Merloni Elettrodomestici Spa, Miele – Co. GmbH – Co and Whirlpool Europe Srl. (31) Some manufacturers concentrated their production exclusively on categories A to C and partially D before the agreement.

The agreement guarantees that other parties will not cover consumer demand for D-G machines. Such a guarantee is important in a stagnant market, with strong competitors and looking for opportunities. The agreement therefore prevents producers and importers from competing in all energy categories, as they did prior to the agreement. (40) The commitment contained in the agreement sets out the overall objective of improving consumer information on more cost-effective models in the use of devices. The wider dissemination of energy-saving technologies does not involve specific uses that impose restrictions on the parties. (1) The European Council for the Construction of Domestic Devices (CECED) is an association under Belgian law established in Brussels since 1959. It includes manufacturers of appliances and national professional organizations. Although it is itself involved in the agreement it has notified on behalf of the other parties as itself, CECED is responsible for several tasks related to its implementation. (18) The agreement has three main objectives: (i) the production and importation of washing machines, (ii) monitoring and reporting; and (iii) the promotion of technological development and consumer education.