Article XII Procedures for amending Annex C
A Management Entity seeking to amend Annex C to revise existing Specifications or to add a new product type ('Proposing Management Entity') shall follow the procedures set forth in paragraphs 1 and 2 of Article X, and shall include in its proposal:
a demonstration that significant energy savings would result from revising the Specifications or adding the new product type;
as appropriate, energy consumption requirements for various power consumption modes;
information on the standardised testing protocols to be used in evaluating the product;
evidence of existing non-proprietary technology that would make possible cost-effective energy savings without negatively affecting product performance; information on the estimated number of product models that would meet the proposed specification and approximate market share represented;
information on the views of industry groups potentially affected by the proposed amendment; and
a proposed effective date for the new Specifications, taking into consideration product life cycles and production schedules.
Proposed amendments to Annex C that are accepted by both Management Entities shall enter into force on a date mutually agreed by the Management Entities.
If, after receipt of a proposal made in accordance with paragraphs 1 and 2 of Article X, the other Management Entity ('Objecting Management Entity') is of the view that the proposal does not meet the requirements specified in paragraph 1 or otherwise objects to the proposal it shall promptly (normally by the next Technical Commission Meeting) notify the Proposing Management Entity in writing of its objection and shall include any available information supporting its objection; for example, information demonstrating that the proposal, if adopted, would likely:
disproportionately and unfairly confer market power on one company or industry group;
undermine overall industry participation in the ENERGY STAR labelling program;
conflict with its laws and regulations; or
impose burdensome technical requirements.
The Management Entities shall make best efforts to reach agreement on the proposed amendment at the first meeting of the Technical Commission following the proposal. If the Management Entities are unable to reach agreement on the proposed amendment at this Technical Commission meeting, they shall seek to reach agreement in writing prior to the subsequent Technical Commission meeting.
If, by the end of the subsequent Technical Commission meeting, the Parties are unable to reach agreement, the Proposing Management Entity shall withdraw its proposal; and with respect to proposals to revise existing Specifications, the corresponding product type shall be removed from Annex C by the date agreed upon in writing by the Management Entities. All Program Participants shall be informed of this change and of the procedures to be followed to implement this change.
When preparing new Common Specifications or revising existing Common Specifications, the Management Entities shall ensure effective coordination and consultation among themselves and with their respective stakeholders, particularly with regard to the content of the working documents and timelines.