COUNCIL OF Brussels, 28 November 2008
THE EUROPEAN UNION
16193/1/08 REV 1 (en)
Interinstitutional File:
2008/0151 (COD)
ENER 410 ENV 874 CODEC 1636
NOTE
from:
General Secretariat of the Council
to: Permanent Representatives Committee
No. Cion prop. 12119/08 ENER 236 ENV 487 CODEC 1009
Subject:
Preparation for the Transport, Telecommunications and Energy Council on 8 December 2008 Proposal for a Directive of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy related products (recast)
general approach
The correct text of Annex A is attached.
ANNEX A
OE 2005/32 (adapted)
new
2008/0151 (COD)
Proposal for a
DIRECTIVE .../... OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of [...]
establishing a framework for the setting of ecodesign requirements for energy-using
related products and amending Council Directive 92/42/EEC and Directives 96/57/EC
and 2000/55/EC of the European Parliament and of the Council
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95
new
(1) Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005
establishing a framework for the setting of ecodesign requirements for energy-using
products and amending Council Directive 92/42/EEC and Directives 96/57/EC and
2000/55/EC of the European Parliament and of the Council1 has been substantially
amended2. Since further amendments are to be made (which are strictly limited to the
extension of the scope of application of the Directive to include all energy related
products), it should be recast in the interests of clarity.
OE 2005/32 Recital 1
new
(2) The disparities between the laws or administrative measures adopted by the Member States
in relation to the ecodesign of energy-using related products can create barriers to
trade and distort competition in the Community and may thus have a direct impact on the
establishment and functioning of the internal market. The harmonisation of national laws is
the only means to prevent such barriers to trade and unfair competition. The extension
of the scope to all energy related products ensures that ecodesign requirements for all
significant energy related products can be harmonised at Community level.
OE 2005/32 Recital 2
new
Council
(3) Energy-using related products (EuPs) account for a large proportion of the
consumption of natural resources and energy in the Community. They also have a number
of other important environmental impacts. For the vast majority of product categories
available on the Community market, very different degrees of environmental impact can be
noted though they provide similar functional performances. In the interest of sustainable
development, continuous improvement in the overall environmental impact of those
products should be encouraged, notably by identifying the major sources of negative
environmental impacts and avoiding transfer of pollution, when this improvement does not
entail excessive costs.
(3a) Many energy related products have a significant improvement potential for reducing
environmental impacts and achieving energy savings through better design which also
leads to economic savings for businesses and end users.
In addition to products which use, generate, transfer, or measure energy, selected energy
related products such as windows, insulation materials, or some water using products like
shower heads or taps could also contribute to significant energy savings during use.
OE 2005/32 Recital 4
(5) Energy efficiency improvement -- with one of the available options being more efficient
end use of electricity -- is regarded as contributing substantially to the achievement of
greenhouse gas emission targets in the Community. Electricity demand is the fastest
growing energy end use category and is projected to grow within the next 20 to 30 years, in
the absence of any policy action to counteract this trend. A significant reduction in energy
consumption as suggested by the Commission in its European Climate Change Programme
(ECCP) is possible. Climate change is one of the priorities of the Sixth Community
Environment Action Programme, laid down by Decision No 1600/2002/EC of the
European Parliament and of the Council1. Energy saving is the most cost-effective way to
increase security of supply and reduce import dependency. Therefore, substantial demand
side measures and targets should be adopted.
OE 2005/32 Recital 5
new
(6) Action should be taken during the design phase of EuPs energy related products ,
since it appears that the pollution caused during a product's life cycle is determined at that
stage, and most of the costs involved are committed then.
OE 2005/32 Recital 6
new
(7) A coherent framework for the application of Community ecodesign requirements for EuPs
energy related products should be established with the aim of ensuring the free
movement of those products which comply and of improving their overall environmental
impact. Such Community requirements should respect the principles of fair competition
and international trade.
OE 2005/32 Recital 7
(8) Ecodesign requirements should be set bearing in mind the goals and priorities of the Sixth
Community Environment Action Programme, including as appropriate applicable goals of
the relevant thematic strategies of that Programme.
OE 2005/32 Recital 8
new
(9) This Directive seeks to achieve a high level of protection for the environment by reducing
the potential environmental impact of EuPs energy related products , which will
ultimately be beneficial to consumers and other end-users. Sustainable development also
requires proper consideration of the health, social and economic impact of the measures
envisaged. Improving the energy efficiency of products contributes to the security of the
energy supply, which is a precondition of sound economic activity and therefore of
sustainable development.
OE 2005/32 Recital 9
(10) A Member State deeming it necessary to maintain national provisions on grounds of major
needs relating to the protection of the environment, or to introduce new ones based on new
scientific evidence relating to the protection of the environment on grounds of a problem
specific to that Member State arising after the adoption of the applicable implementing
measure, may do so following the conditions laid down in Article 95(4), (5) and (6) of the
Treaty, that provides for a prior notification to and approval from the Commission.
OE 2005/32 Recital 10
new
(11) In order to maximise the environmental benefits from improved design it may be necessary
to inform consumers about the environmental characteristics and performance of EuPs
energy related products and to advise them about how to use products in a manner
which is environmentally friendly.
OE 2005/32 Recital 11 (adapted)
(12) The approach set out in the Green Paper on Integrated Product Policy Communication
from the Commission to the Council and the European Parliament - Integrated Product
Policy - Building on Environmental Life-Cycle Thinking, (IPP)1 , which is a major
innovative element of the Sixth Community Environment Action Programme, aims to
reduce the environmental impacts of products across the whole of their life cycle.
Considering at the design stage a product's environmental impact throughout its whole life
cycle has a high potential to facilitate environmental improvement in a cost-effective way.
There should be sufficient flexibility to enable this factor to be integrated in product design
whilst taking account of technical, functional and economic considerations.
OE 2005/32 Recital 12
(13) Although a comprehensive approach to environmental performance is desirable,
greenhouse gas mitigation through increased energy efficiency should be considered a
priority environmental goal pending the adoption of a working plan.
OE 2005/32 Recital 13
(14) It may be necessary and justified to establish specific quantified ecodesign requirements
for some products or environmental aspects thereof in order to ensure that their
environmental impact is minimised. Given the urgent need to contribute to the
achievement of the commitments in the framework of the Kyoto Protocol to the United
Nations Framework Convention on Climate Change (UNFCCC), and without prejudice to
the integrated approach promoted in this Directive, some priority should be given to those
measures with a high potential for reducing greenhouse gas emissions at low cost. Such
measures can also contribute to a sustainable use of resources and constitute a major
contribution to the 10-year framework of programmes on sustainable production and
consumption agreed at the World Summit on Sustainable Development in Johannesburg in
OE 2005/32 Recital 14
new
(15) Where appropriate and Aas a general principle, the energy consumption of EuPs
energy related products in stand-by or off-mode should be reduced to the minimum
necessary for their proper functioning.
OE 2005/32 Recital 15
(16) While the best-performing products or technologies available on the market, including on
international markets, should be taken as reference, the level of ecodesign requirements
should be established on the basis of technical, economic and environmental analysis.
Flexibility in the method for establishing the level of requirements can make swift
improvement of environmental performance easier. Interested parties involved should be
consulted and cooperate actively in this analysis. The setting of mandatory measures
requires proper consultation of the parties involved. Such consultation may highlight the
need for a phased introduction or transitional measures. The introduction of interim targets
increases the predictability of the policy, allows for accommodating product development
cycles and facilitates long term planning for interested parties.
OE 2005/32 Recital 16
(17) Priority should be given to alternative courses of action such as self-regulation by the
industry where such action is likely to deliver the policy objectives faster or in a less costly
manner than mandatory requirements. Legislative measures may be needed where market
forces fail to evolve in the right direction or at an acceptable speed.
OE 2005/32 Recital 17
(18) Self-regulation, including voluntary agreements offered as unilateral commitments by
industry, can provide for quick progress due to rapid and cost-effective implementation,
and allows for flexible and appropriate adaptation to technological options and market
sensitivities.
OE 2005/32 Recital 18
(19) For the assessment of voluntary agreements or other self-regulation measures presented as
alternatives to implementing measures, information on at least the following issues should
be available: openness of participation, added value, representativeness, quantified and
OE 2005/32 Recital 19
(20) Chapter 6 of the Commission's `Communication on Environmental Agreements at
Community level within the Framework of the Action Plan on the Simplification and
Improvement of the Regulatory Environment' could provide useful guidance when
assessing self-regulation by industry in the context of this Directive.
OE 2005/32 Recital 20
(21) This Directive should also encourage the integration of ecodesign in small and
medium-sized enterprises (SMEs) and very small firms. Such integration could be
facilitated by wide availability of and easy access to information relating to the
sustainability of their products.
OE 2005/32 Recital 21
new
Council
(22) EuPs Energy related products complying with the ecodesign requirements laid down
OE 2005/32 Recital 22
(23) When preparing implementing measures and its working plan the Commission should
consult Member States' representatives as well as interested parties concerned with the
product group, such as industry, including SMEs and craft industry, trade unions, traders,
retailers, importers, environmental protection groups and consumer organisations.
OE 2005/32 Recital 23
(24) When preparing implementing measures, the Commission should also take due account of
existing national environmental legislation, in particular concerning toxic substances,
which Member States have indicated that they consider should be preserved, without
reducing the existing and justified levels of protection in the Member States.
OE 2005/32 Recital 24
Council
(25) Regard should be given to the modules and rules intended for use in technical
harmonisation Directives set out in Decision No 768/2008/EC of the European
OE 2005/32 Recital 25
Council
(26) Surveillance authorities should exchange information on the measures envisaged within the
scope of this Directive with a view to improving surveillance of the market , giving due
regard to Regulation (EC) No 765/2008 of the European Parliament and of the Council of
9 July 2008 setting out the requirements for accreditation and market surveillance relating
to the marketing of products and repealing Regulation (EEC) No 339/931. . Such
cooperation should make the utmost use of electronic means of communication and
relevant Community programmes. The exchange of information on environmental life
cycle performance and on the achievements of design solutions should be facilitated. The
accumulation and dissemination of the body of knowledge generated by the ecodesign
efforts of manufacturers is one of the crucial benefits of this Directive.
OE 2005/32 Recital 26
(27) A competent body is usually a public or private body, designated by the public authorities,
and presenting the necessary guarantees for impartiality and availability of technical
expertise for carrying out verification of the product with regard to its compliance with the
applicable implementing measures.
OE 2005/32 Recital 27
(28) Noting the importance of avoiding non-compliance, Member States should ensure that the
necessary means are available for effective market surveillance.
OE 2005/32 Recital 28
(29) In respect of training and information on ecodesign for SMEs, it may be appropriate to
consider accompanying activities.
OE 2005/32 Recital 29
(30) It is in the interest of the functioning of the internal market to have standards which have
been harmonised at Community level. Once the reference to such a standard has been
published in the Official Journal of the European Union, compliance with it should raise a
presumption of conformity with the corresponding requirements set out in the
implementing measure adopted on the basis of this Directive, although other means of
demonstrating such conformity should be permitted.
OE 2005/32 Recital 30
(31) One of the main roles of harmonised standards should be to help manufacturers in applying
the implementing measures adopted under this Directive. Such standards could be essential
in establishing measuring and testing methods. In the case of generic ecodesign
requirements harmonised standards could contribute considerably to guiding manufacturers
in establishing the ecological profile of their products in accordance with the requirements
of the applicable implementing measure. These standards should clearly indicate the
relationship between their clauses and the requirements dealt with. The purpose of
harmonised standards should not be to fix limits for environmental aspects.
OE 2005/32 Recital 31
(32) For the purpose of definitions used in this Directive it is useful to refer to relevant
international standards such as ISO 14040.
OE 2005/32 Recital 32
(33) This Directive is in accordance with certain principles for the implementation of the new
OE 2005/32 Recital 33 (adapted)
(34) This Directive is complementary to existing Community instruments such as Council
Directive 92/75/EEC of 22 September 1992 on the indication by labelling and standard
product information of the consumption of energy and other resources by household
appliances1, Regulation (EC) No 1980/2000 of the European Parliament and of the Council
of 17 July 2000 on a revised Community eco-label award scheme2, Regulation (EC)
No 2422/2001 of the European Parliament and of the Council of 6 November 2001 on a
Community energy efficiency labelling programme for office equipment 106/2008 of
the European Parliament and of the Council of 15 January 2008 on a Community energy-
efficiency labelling programme for office equipment 3, Directive 2002/96/EC of the
European Parliament and of the Council of 27 January 2003 on waste electrical and
electronic equipment (WEEE)4, Directive 2002/95/EC of the European Parliament and of
the Council of 27 January 2003 on the restriction of the use of certain hazardous
substances in electrical and electronic equipment5 and Council Directive 76/769/EEC of
27 July 1976 on the approximation of the laws, regulations and administrative provisions
of the Member States relating to restrictions on the marketing and use of certain dangerous
substances and preparations Directive 2006/121/EC of the European Parliament and of
the Council of 18 December 2006 amending Council Directive 67/548/EEC on the
approximation of laws, regulations and administrative provisions relating to the
classification, packaging and labelling of dangerous substances in order to adapt it to
Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and
Restriction of Chemicals (REACH) and establishing a European Chemicals Agency 1.
Synergies between this Directive and the existing Community instruments should
contribute to increasing their respective impacts and building coherent requirements for
manufacturers to apply.
OE 2005/32 Recital 34 (adapted)
Since Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water
boilers fired with liquid or gaseous fuels2, Directive 96/57/EC of the European Parliament
and of the Council of 3 September 1996 on energy efficiency requirements for household
electric refrigerators, freezers and combinations thereof3 and Directive 2000/55/EC of the
European Parliament and of the Council of 18 September 2000 on energy efficiency
requirements for ballasts for fluorescent lighting4 already contain provisions for the
revision of the energy efficiency requirements, they should be integrated into the present
OE 2005/32 Recital 35 (adapted)
Directive 92/42/EEC provides for a star rating system intended to ascertain the energy performance
of boilers. Since Member States and the industry agree that the star rating system has
proved not to deliver the expected result, Directive 92/42/EEC should be amended to open
the way for more effective schemes.
OE 2005/32 Recital 36 (adapted)
The requirements laid down in Council Directive 78/170/EEC of 13 February 1978 on the
performance of heat generators for space heating and the production of hot water in new or
existing non-industrial buildings and on the insulation of heat and domestic hot-water
distribution in new non-industrial buildings1 have been superseded by provisions of
Directive 92/42/EEC, Council Directive 90/396/EEC of 29 June 1990 on the
approximation of the laws of the Member States relating to appliances burning gaseous
fuels2 and Directive 2002/91/EC of the European Parliament and of the Council of
16 December 2002 on the energy performance of buildings3. Directive 78/170/EEC should
OE 2005/32 Recital 37 (adapted)
Council Directive 86/594/EEC of 1 December 1986 on airborne noise emitted by household
appliances1 lays down the conditions under which publication of information on the noise
emitted by such appliances may be required by Member States, and defines a procedure to
determine the level of noise. For harmonisation purposes noise emissions should be
included in an integrated assessment of environmental performance. Since this Directive
provides for such an integrated approach, Directive 86/594/EEC should be repealed.
OE 2005/32 Recital 38
(35) The measures necessary for the implementation of this Directive should be adopted in
accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exercise of implementing powers conferred on the Commission2.
OE 2008/28 Recital 5
(36) The Commission should be empowered to amend or repeal Directives 92/42/EEC,
96/57/EC and 2000/55/EC. Such amendment or repeal must be adopted in accordance with
OE 2008/28 Recital 6 (adapted)
new
(37) In addition, the Commission should be empowered to adopt implementing measures laying
down ecodesign requirements for defined energy-using related products, including
the introduction of implementing measures during the transitional period, and including
where appropriate provisions on the balancing of the various environmental aspects. Since
those measures are of general scope and are designed to amend non-essential elements of
this Directive 2005/32/EC by supplementing it with new non-essential elements,
they must be adopted in accordance with the regulatory procedure with scrutiny.
new
(38) The Commission should, on the basis of the experience from applying the Directive,
review its operation and effectiveness and assess the appropriateness of extending its scope
beyond energy related products. Within the review the Commission should consult
Member States' representatives as well as concerned interested parties.
OE 2005/32 Recital 40
(40) It should be remembered that paragraph 34 of the Interinstitutional agreement on better
law-making1 states that the Council `will encourage the Member States to draw up, for
themselves and in the interests of the Community, their own tables which will, as far as
possible, illustrate the correlation between directives and the transposition measures and to
make them public.'
OE 2005/32 Recital 41
(41) Since the objective of the proposed action, namely to ensure the functioning of the internal
market by requiring products to reach an adequate level of environmental performance,
cannot be sufficiently achieved by Member States acting alone and can therefore, by
reason of its scale and effects, be better achieved at Community level, the Community may
adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of
the Treaty. In accordance with the principle of proportionality, as set out in that Article,
this Directive does not go beyond what is necessary in order to achieve this objective.
new
(42) The obligation to transpose this Directive into national law should be confined to those
provisions which represent a substantive change as compared with the earlier Directive.
The obligation to transpose the provisions which are unchanged arises under the earlier
Directive.
(43) This Directive should be without prejudice to the obligations of the Member States relating
to the time-limits for transposition into national law of the Directives set out in Annex IX,
Part B,
OE 2005/32
new
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Subject matter and scope
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2.This Directive provides for the setting of requirements which the energy-using related
products covered by implementing measures must fulfil in order for them to be placed on the
market and/or put into service. It contributes to sustainable development by increasing energy
efficiency and the level of protection of the environment, while at the same time increasing the
security of the energy supply.
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3.This Directive shall not apply to means of transport for persons or goods.
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4.This Directive and the implementing measures adopted pursuant to it shall be without prejudice
to Community waste management legislation and Community chemicals legislation, including
Community legislation on fluorinated greenhouse gases.
Article 2
Definitions
For the purposes of this Directive the following definitions shall apply:
OE 2005/32 (adapted)
new
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1.`Energy-using related product' or EuP , hereinafter referred to as 'product',
means a product any good having an impact on energy consumption during use
which, once is placed on the market and/or put into service in the European
Union , is dependent on energy input (electricity, fossil fuels and renewable energy
sources) to work as intended, or a product for the generation, transfer and measurement of
such energy, including parts dependent on energy input and intended to be incorporated
into an EuP energy related products covered by this Directive which are placed on
the market and/or put into service as individual parts for end-users and of which the
environmental performance can be assessed independently;
OE 2005/32
new
2.`Components and sub-assemblies' means parts intended to be incorporated into EuPs
products , and which are not placed on the market and/or put into service as individual
parts for end-users or the environmental performance of which cannot be assessed
3.`Implementing measures' means measures adopted pursuant to this Directive laying
down ecodesign requirements for defined EuPs products or for environmental aspects
thereof;
4.`Placing on the market' means making an EuP a product available for the first time
on the Community market with a view to its distribution or use within the Community
whether for reward or free of charge and irrespective of the selling technique;
5.`Putting into service' means the first use of an EuP a product for its intended
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purpose by an end-user in the Community;
6.`Manufacturer' means the natural or legal person who manufactures EuPs products
covered by this Directive and is responsible for their conformity with this Directive in view
of their being placed on the market and/or put into service under the manufacturer's own
name or trademark or for the manufacturer's own use. In the absence of a manufacturer as
defined in the first sentence or of an importer as defined in point 8, any natural or legal
person who places on the market and/or puts into service products covered by this
Directive shall be considered a manufacturer;
7.`Authorised representative' means any natural or legal person established in the
Community who has received a written mandate from the manufacturer to perform on his
behalf all or part of the obligations and formalities connected with this Directive;
8.`Importer' means any natural or legal person established in the Community who places a
9.`Materials' means all materials used during the life cycle of an EuPs a product ;
10.`Product design' means the set of processes that transform legal, technical, safety,
functional, market or other requirements to be met by an EuP a product into the
technical specification for that EuP product ;
11.`Environmental aspect' means an element or function of an EuP a product that can
interact with the environment during its life cycle;
12.`Environmental impact' means any change to the environment wholly or partially
resulting from an EuP a product during its life cycle;
13.`Life cycle' means the consecutive and interlinked stages of an EuP a product
from raw material use to final disposal;
14.`Reuse' means any operation by which an EuP a product or its components,
having reached the end of their first use, are used for the same purpose for which they were
conceived, including the continued use of an EuP a product which is returned to a
collection point, distributor, recycler or manufacturer, as well as reuse of an EuP a
product following refurbishment;
15.`Recycling' means the reprocessing in a production process of waste materials for the
original purpose or for other purposes but excluding energy recovery;
16.`Energy recovery' means the use of combustible waste as a means to generate energy
OE 2005/32 (adapted)
17.`Recovery' means any of the applicable operations provided for in Annex II B to
Council Directive 75/442/EEC of 15 July 1975 2006/12/EC of the European
Parliament and of the Council of 5 April 2006 on waste1;
18.`Waste' means any substance or object in the categories set out in Annex I to Directive
75/442/EEC 2006/12/EC which the holder discards or intends or is required to
discard;
OE 2005/32
new
19.`Hazardous waste' means any waste which is covered by Article 1(4) of Council
Directive 91/689/EEC of 12 December 1991 on hazardous waste2;
20.`Ecological profile' means a description, in accordance with the implementing measure
applicable to the EuP product , of the inputs and outputs (such as materials, emissions
and waste) associated with an EuP a product throughout its life cycle which are
significant from the point of view of its environmental impact and are expressed in
physical quantities that can be measured;
21.`Environmental performance' of an EuP a product means the results of the
manufacturer's management of the environmental aspects of the EuP product , as
reflected in its technical documentation file;
22.`Improvement of the environmental performance' means the process of enhancing the
environmental performance of an EuP a product over successive generations,
although not necessarily in respect of all environmental aspects of the product
simultaneously;
23.`Ecodesign' means the integration of environmental aspects into product design with
the aim of improving the environmental performance of the EuP product throughout
its whole life cycle;
24.`Ecodesign requirement' means any requirement in relation to an EuP a product ,
or the design of an EuP a product , intended to improve its environmental
performance, or any requirement for the supply of information with regard to the
environmental aspects of an EuP a product ;
25.`Generic ecodesign requirement' means any ecodesign requirement based on the
ecological profile as a whole of an EuP a product without set limit values for
particular environmental aspects;
26.`Specific ecodesign requirement' means a quantified and measurable ecodesign
requirement relating to a particular environmental aspect of an EuP a product , such as
27.`Harmonised standard' means a technical specification adopted by a recognised
standards body under a mandate from the Commission, in accordance with the procedure
laid down in Directive 98/34/EC of the European Parliament and of the Council of 22 June
1998 laying down a procedure for the provision of information in the field of technical
standards and regulations1, for the purpose of establishing a European requirement,
compliance with which is not compulsory.
Article 3
Placing on the market and/or putting into service
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1.Member States shall take all appropriate measures to ensure that EuPs products covered by
implementing measures may be placed on the market and/or put into service only if they comply
with those measures and bear the CE marking in accordance with Article 5.
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2.Member States shall designate the authorities responsible for market surveillance. They shall
arrange for such authorities to have and use the necessary powers to take the appropriate measures
incumbent upon them under this Directive. Member States shall define the tasks, powers and
organisational arrangements of the competent authorities which shall be entitled:
(i) to organise appropriate checks on EuP product compliance, on an adequate scale,
and to oblige the manufacturer or its authorised representative to recall non-compliant
EuPs products from the market in accordance with Article 7;
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3.Member States shall keep the Commission informed about the results of the market surveillance,
and where appropriate the Commission shall pass on such information to the other Member States.
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4.Member States shall ensure that consumers and other interested parties are given an opportunity
to submit observations on product compliance to the competent authorities.
Article 4
Responsibilities of the importer
Where the manufacturer is not established within the Community and in the absence of an
authorised representative, the obligation:
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-to ensure that the EuP product placed on the market or put into service complies with
this Directive and the applicable implementing measure,
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-to keep the declaration of conformity and the technical documentation available,
shall lie with the importer.
Article 5
Marking and declaration of conformity
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4.The affixing of markings on an EuP a product which are likely to mislead users as to the
meaning or form of the CE marking shall be prohibited.
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5.Member States may require the information to be supplied pursuant to Annex I, Part 2 to be in
their official language(s) when the EuP product reaches the end-user.
Member States shall also authorise the provision of this information in one or more other official
Community language(s).
When applying the first subparagraph, Member States shall take into account in particular:
(a) whether the information can be supplied by harmonised symbols or recognised codes or
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other measures;
(b) the type of user anticipated for the EuP product and the nature of the information
which is to be provided.
Article 6
Free movement
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1.Member States shall not prohibit, restrict or impede the placing on the market and/or putting into
service, within their territories, on grounds of ecodesign requirements relating to those ecodesign
parameters referred to in Annex I, Part 1 which are covered by the applicable implementing
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2.Member States shall not prohibit, restrict or impede the placing on the market and/or putting into
service, within their territories, of an EuP a product bearing the CE marking in accordance
with Article 5 on grounds of ecodesign requirements relating to those ecodesign parameters referred
to in Annex I, Part 1 for which the applicable implementing measure provides that no ecodesign
requirement is necessary.
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3.Member States shall not prevent the display, for example at trade fairs, exhibitions and
demonstrations, of EuPs products which are not in conformity with the provisions of the
applicable implementing measure, provided that there is a visible indication that they may not be
placed on the market and/or put into service until brought into conformity.
Article 7
Safeguard clause
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1.Where a Member State ascertains that an EuP a product bearing the CE marking referred to
in Article 5 and used in accordance with its intended use does not comply with all the relevant
provisions of the applicable implementing measure, the manufacturer or its authorised
representative shall be obliged to make the EuP product comply with the provisions of the
applicable implementing measure and/or with the CE marking and to end the infringement under
conditions imposed by the Member State.
Where there is sufficient evidence that an EuP a product might be non-compliant, the Member
Where non-compliance continues, the Member State shall take a decision restricting or prohibiting
the placing on the market and/or putting into service of the EuP product in question or ensure
that it is withdrawn from the market.
In cases of prohibition or withdrawal from the market, the Commission and the other Member
States shall be immediately informed.
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2.Any decision by a Member State pursuant to this Directive which restricts or prohibits the
placing on the market and/or the putting into service of an EuP a product shall state the
grounds on which it is based.
Such decision shall be notified forthwith to the party concerned, who shall at the same time be
informed of the legal remedies available under the laws in force in the Member State concerned and
of the time limits to which such remedies are subject.
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3.The Member State shall immediately inform the Commission and the other Member States of any
decision taken pursuant to paragraph 1, indicating the reasons therefore, and, in particular, whether
non-compliance is due to:
(a) failure to satisfy the requirements of the applicable implementing measure;
(b) incorrect application of harmonised standards as referred to in Article 10(2);
(c) shortcomings in harmonised standards as referred to in Article 10(2).
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4.The Commission shall enter into consultation with the parties concerned without delay and may
draw upon technical advice from independent external experts.
Following that consultation, the Commission shall immediately inform the Member State which
took the decision and the other Member States of its views.
Where the Commission considers that the decision is unjustified, it shall immediately inform the
Member States to that effect.
-
5.Where the decision referred to in paragraph 1 is based on a shortcoming in a harmonised
standard, the Commission shall immediately initiate the procedure set out in Article 10(2), (3) and
(4). The Commission shall at the same time inform the Committee referred to in Article 19(1).
-
6.The Member States and the Commission shall take the necessary measures to guarantee
confidentiality with regard to information provided during that procedure, where justified.
-
7.The decisions taken by Member States pursuant to this Article shall be made public, in a
transparent way.
-
8.The Commission's opinion on those decisions shall be published in the Official Journal of the
European Union.
-
2.The conformity assessment procedures shall be specified by the implementing measures and shall
leave to manufacturers the choice between the internal design control set out in Annex IV and the
management system set out in Annex V. When duly justified and proportionate to the risk, the
conformity assessment procedure shall be specified among relevant modules as described in
Decision 93/465/EEC.
If a Member State has strong indications of probable non-compliance of an EuP a product ,
that Member State shall as soon as possible publish a substantiated assessment of the EuP's
product's compliance which may be conducted by a competent body in order to allow timely
corrective action, if any.
If an EuP a product covered by implementing measures is designed by an organisation
registered in accordance with Regulation (EC) No 761/2001 of the European Parliament and of the
Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-
management and audit scheme (EMAS)1 and the design function is included within the scope of
that registration, the management system of that organisation shall be presumed to comply with the
requirements of Annex V to this Directive.
If an EuP a product covered by implementing measures is designed by an organisation having
a management system which includes the product design function and which is implemented in
accordance with harmonised standards the reference numbers of which have been published in the
Official Journal of the European Union, that management system shall be presumed to comply with
the corresponding requirements of Annex V.
-
3.After placing an EuP a product covered by implementing measures on the market or putting
it into service, the manufacturer or its authorised representative shall keep relevant documents
relating to the conformity assessment performed and declarations of conformity issued available for
inspection by Member States for a period of 10 years after the last of that EuP product has
been manufactured.
The relevant documents shall be made available within 10 days upon receipt of a request by the
competent authority of a Member State.
-
4.Documents relating to the conformity assessment and declaration of conformity referred to in
Article 5 shall be drawn up in one of the official languages of the Community.
Article 9
Presumption of conformity
-
1.Member States shall regard an EuP a product bearing the CE marking referred to in
Article 5 as conforming to the relevant provisions of the applicable implementing measure.
-
2.Member States shall regard an EuP a product for which harmonised standards have been
applied, the reference numbers of which have been published in the Official Journal of the
European Union, as conforming to all the relevant requirements of the applicable implementing
measure to which such standards relate.
-
4.For the purposes of the presumption of conformity in the context of this Directive, the
Commission, acting in accordance with the procedure referred to in Article 19(2), may decide that
other eco-labels fulfil equivalent conditions to the Community eco-label pursuant to Regulation
(EC) No 1980/2000. EuPs Products which have been awarded such other eco-labels shall be
presumed to comply with the ecodesign requirements of the applicable implementing measure,
insofar as those requirements are met by that eco-label.
Article 10
Harmonised standards
-
1.Member States shall, to the extent possible, ensure that appropriate measures are taken to enable
interested parties to be consulted at national level on the process of preparing and monitoring
harmonised standards.
-
2.Where a Member State or the Commission considers that harmonised standards the application of
which is presumed to satisfy specific provisions of an applicable implementing measure do not
entirely satisfy those provisions, the Member State concerned or the Commission shall inform the
Standing Committee set up under Article 5 of Directive 98/34/EC to that effect, giving the reasons.
The Committee shall issue an opinion as a matter of urgency.
-
3.In the light of that Committee's opinion, the Commission shall decide to publish, not to publish,
to publish with restriction, to maintain or to withdraw the references to the harmonised standards
Article 11
Requirements for components and sub-assemblies
Implementing measures may require manufacturers or their authorised representatives placing
components and sub-assemblies on the market and/or putting them into service to provide the
manufacturer of an EuP a product covered by implementing measures with relevant
information on the material composition and the consumption of energy, materials and/or resources
of the components or sub-assemblies.
Article 12
Administrative cooperation and exchange of information
-
1.Member States shall ensure that appropriate measures are taken in order to encourage the
authorities responsible for implementing this Directive to cooperate with each other and provide
each other and the Commission with information in order to assist the operation of this Directive
and in particular, assist in the implementation of Article 7.
The administrative cooperation and exchange of information shall take utmost advantage of
electronic means of communication and may be supported by relevant Community programmes.
Member States shall inform the Commission of the authorities responsible for applying this
Article 13
Small and medium-sized enterprises
-
1.In the context of programmes from which SMEs and very small firms can benefit, the
Commission shall take into account initiatives which help SMEs and very small firms to integrate
environmental aspects including energy efficiency when designing their products.
OE 2008/28 Art. 1 pt. 1
21a. Guidelines covering specificities of SMEs active in the product sector affected may accompany
an implementing measure. If necessary, and in accordance with paragraph 1, further specialised
material may be produced by the Commission for facilitating implementation of this Directive by
SMEs.
OE 2005/32
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32.Member States shall ensure, in particular by strengthening support networks and structures, that
they encourage SMEs and very small firms to adopt an environmentally sound approach as early as
at the product design stage and to adapt to future European legislation.
Article 14
Consumer information
In accordance with the applicable implementing measure, manufacturers shall ensure, in the form
they deem appropriate, that consumers of EuPs products are provided with:
-
-the requisite information on the role that they can play in the sustainable use of the
product;
-
-when required by the implementing measures, the ecological profile of the product and the
benefits of ecodesign.
Article 15
Implementing measures
OE 2008/28 Art. 1 pt. 2(a)
new
-
1.When an EuP a product meets the criteria listed under paragraph 2, it shall be covered by an
implementing measure or by a self-regulation measure in accordance with paragraph 3(b). Such
OE 2005/32
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2.The criteria referred to in paragraph 1 are as follows:
(a) the EuP product shall represent a significant volume of sales and trade,
indicatively more than 200000 units a year within the Community according to most
recently available figures;
(b) the EuP product shall, considering the quantities placed on the market and/or put
into service, have a significant environmental impact within the Community, as specified
in Community strategic priorities as set out in Decision No 1600/2002/EC;
(c) the EuP product shall present significant potential for improvement in terms of its
environmental impact without entailing excessive costs, taking into account in particular:
-
-the absence of other relevant Community legislation or failure of market forces to
address the issue properly;
-
-a wide disparity in the environmental performance of EuPs products available
on the market with equivalent functionality.
(b) relevant Community legislation and self-regulation, such as voluntary agreements,
which, following an assessment in accordance with Article 17, are expected to achieve the
policy objectives more quickly or at lesser expense than mandatory requirements.
-
4.In preparing a draft implementing measure the Commission shall:
(a) consider the life cycle of the EuP product and all its significant environmental
aspects, inter alia, energy efficiency. The depth of analysis of the environmental aspects
and of the feasibility of their improvement shall be proportionate to their significance. The
adoption of ecodesign requirements on the significant environmental aspects of an EuP
a product shall not be unduly delayed by uncertainties regarding the other aspects;
(b) carry out an assessment, which will consider the impact on environment, consumers
and manufacturers, including SMEs, in terms of competitiveness including on markets
outside the Community, innovation, market access and costs and benefits;
(c) take into account existing national environmental legislation that Member States
-
consider relevant;
(d) carry out appropriate consultation with stakeholders;
(e) prepare an explanatory memorandum of the draft implementing measure based on the
-
assessment referred to in point (b);
(f) set implementing date(s), any staged or transitional measure or periods, taking into
-
5.Implementing measures shall meet all the following criteria:
(a) there shall be no significant negative impact on the functionality of the product, from
-
the perspective of the user;
(b) health, safety and the environment shall not be adversely affected;
(c) there shall be no significant negative impact on consumers in particular as regards the
-
affordability and the life-cycle cost of the product;
(d) there shall be no significant negative impact on industry's competitiveness;
(e) in principle, the setting of an ecodesign requirement shall not have the consequence of
-
imposing proprietary technology on manufacturers;
(f) no excessive administrative burden shall be imposed on manufacturers.
-
6.Implementing measures shall lay down ecodesign requirements in accordance with Annex I
and/or Annex II.
Specific ecodesign requirements shall be introduced for selected environmental aspects which have
a significant environmental impact.
Implementing measures may also provide that no ecodesign requirement is necessary for certain
specified ecodesign parameters referred to in Annex I, Part 1.
-
8.Implementing measures shall include the elements listed in Annex VII.
-
9.Relevant studies and analyses used by the Commission in preparing implementing measures
should be made publicly available, taking into account in particular easy access and use by
interested SMEs.
OE 2008/28 Art. 1 pt. 2(b)
-
10.Where appropriate, an implementing measure laying down ecodesign requirements shall include
provisions on the balancing of the various environmental aspects. Those measures, designed to
amend nonessential elements of this Directive by supplementing it, shall be adopted in accordance
with the regulatory procedure with scrutiny referred to in Article 19(3).
OE 2005/32
Article 16
Working plan
-
1.In accordance with the criteria set out in Article 15 and having consulted the Consultation Forum
referred to in Article 18, the Commission shall not later than 6 July 2007 establish a working plan
-
2.However, during the transitional period, while the first working plan referred to in paragraph 1 is
being established, and, in accordance with the criteria set out in Article 15, and after consulting the
Consultation Forum, the Commission shall as appropriate introduce by anticipation:
-
-implementing measures starting with those products which have been identified by the
ECCP as offering a high potential for cost-effective reduction of greenhouse gas emissions,
such as heating and water heating equipment, electric motor systems, lighting in both the
domestic and tertiary sectors, domestic appliances, office equipment in both the domestic
and tertiary sectors, consumer electronics and HVAC (heating ventilating air conditioning)
systems;
-
-a separate implementing measure reducing stand-by losses for a group of products.
OE 2008/28 Art. 1 pt. 3(b)
Those measures, designed to amend non-essential elements of this Directive by supplementing it,
shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article
19(3).
Article 18
Consultation Forum
The Commission shall ensure that in the conduct of its activities it observes, in respect of each
implementing measure, a balanced participation of Member States' representatives and all interested
parties concerned with the product/product group in question, such as industry, including SMEs and
craft industry, trade unions, traders, retailers, importers, environmental protection groups and
consumer organisations. These parties shall contribute, in particular, to defining and reviewing
implementing measures, to examining the effectiveness of the established market surveillance
mechanisms, and to assessing voluntary agreements and other self-regulation measures. These
parties shall meet in a Consultation Forum. The rules of procedure of the Forum shall be established
by the Commission.
Article 19
Committee procedure
-
1.The Commission shall be assisted by a Committee.
-
2.Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.
OE 2005/32 (adapted)
Article 20
Penalties
The Member States shall determine lay down the penalties rules applicable to
breaches infringements of the national provisions adopted pursuant to this Directive and
shall take all measures necessary to ensure that they are implemented . The penalties
provided for shall be effective, proportionate and dissuasive, taking into account the extent
of non-compliance and the number of units of non-complying products placed on the Community
market. The Member States shall notify those provisions to the Commission by the date
specified in Article 23(1) at the latest and shall notify it without delay of any subsequent
amendment affecting them.
Article 21
Amendments
-
1.Directive 92/42/EEC is hereby amended as follows:
`Article 10a
This Directive constitutes an implementing measure within the meaning of Article 15 of
Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005
establishing a framework for the setting of ecodesign requirements for energy-using
products1, with regard to energy efficiency during use, in accordance with that Directive,
and may be amended or repealed in accordance with Article 19(2) of Directive
2005/32/EC.'»
-
3.Annex I, point 2, shall be deleted;
-
4.Annex II shall be deleted.
-
2.Directive 96/57/EC is hereby amended as follows:
The following Article shall be inserted:
`Article 9a
This Directive constitutes an implementing measure within the meaning of Article 15 of Directive
2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework
for the setting of ecodesign requirements for energy-using products2 , with regard to energy
efficiency during use, in accordance with that Directive, and may be amended or repealed in
`Article 9a
This Directive constitutes an implementing measure within the meaning of Article 15 of Directive
2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework
for the setting of ecodesign requirements for energy-using products1, with regard to energy
efficiency during use, in accordance with that Directive, and may be amended or repealed in
accordance with Article 19(2) of Directive 2005/32/EC.'»
Article 22
Repeals
Directives 78/170/EEC and 86/594/EEC are repealed. Member States may continue to apply
existing national measures adopted under Directive 86/594/EEC until such time as implementing
measures for the products concerned are adopted under this Directive.
OE 2005/32
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Council
Article 2321
Review
Not later than 6 July 2010 2012 the Commission shall review [...] the effectiveness
of this Directive and of its implementing measures under the extended scope, in particular the
results achieved through the extension of the scope foreseen in the present Directive, the
threshold for implementing measures, market surveillance mechanisms and any relevant self-
regulation stimulated, and on the basis of that review shall assess notably the appropriateness of
extending the scope of the Directive to non energy related products, after consultation of the
Consultation Forum referred to in Article 18, and, as appropriate, present proposals to the European
Parliament and the Council for amending this Directive.
Article 2422
Article 25
Implementation
-
1.Member States shall bring into force the laws, regulations and administrative provisions
necessary to comply with this Directive before 11 August 2007.
They shall forthwith inform the Commission thereof.
When Member States adopt these measures, they shall contain a reference to this Directive or shall
be accompanied by such reference on the occasion of their official publication. The methods of
making such reference shall be laid down by Member States.
-
2.Member States shall communicate to the Commission the text of the main provisions of national
law which they adopt in the field covered by this Directive.
new
Article 23
Transposition
When Member States adopt those provisions, they shall contain a reference to this Directive or be
accompanied by such a reference on the occasion of their official publication. They shall also
include a statement that references in existing laws, regulations and administrative provisions to the
directive repealed by this Directive shall be construed as references to this Directive. Member
States shall determine how such reference is to be made and how that statement is to be formulated.
-
2.Member States shall communicate to the Commission the text of the main provisions of national
law which they adopt in the field covered by this Directive.
Article 24
Repeal
Directive 2005/32/EC, as amended by the Directive listed in Annex IX, Part A, is repealed, without
prejudice to the obligations of the Member States relating to the time-limits for transposition into
national law of the Directives set out in Annex IX, Part B.
References to the repealed Directive shall be construed as references to this Directive and shall be
read in accordance with the correlation table in Annex X.
Article 2726
Addressees
This Directive is addressed to the Member States.
Done at [...].
For the European Parliament
The President
[...]
For the Council
The President
OE 2005/32
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ANNEX I
METHOD FOR SETTING GENERIC ECO-DESIGN REQUIREMENTS
(REFERRED TO IN ARTICLE 15)
Generic ecodesign requirements aim at improving the environmental performance of EuPs
products , focusing on significant environmental aspects thereof without setting limit values.
The method according to this Annex will be applied when it is not appropriate to set limit values for
the product group under examination. The Commission shall, when preparing a draft implementing
measure to be submitted to the Committee referred to in Article 19, identify significant
environmental aspects which shall be specified in the implementing measure.
In preparing implementing measures laying down generic ecodesign requirements pursuant to
Article 15 the Commission will identify, as appropriate to the EuP product covered by the
implementing measure, the relevant ecodesign parameters from among those listed in Part 1, the
information supply requirements from among those listed in Part 2 and the requirements for the
manufacturer listed in Part 3.
PART 1. ECODESIGN PARAMETERS FOR EUPS PRODUCTS
1.1. In so far as they relate to product design, significant environmental aspects are identified with
reference to the following phases of the life cycle of the product:
(a) raw material selection and use;
(b) manufacturing;
(c) packaging, transport, and distribution;
(d) installation and maintenance;
(e) use;
(f) end-of-life, meaning the state of an EuP a product having reached the end of its
first use until its final disposal.
1.2. For each phase, the following environmental aspects are to be assessed where relevant:
(a) predicted consumption of materials, of energy and of other resources such as fresh
-
water;
(b) anticipated emissions to air, water or soil;
(c) anticipated pollution through physical effects such as noise, vibration, radiation,
1.3. In particular, the following parameters will be used, as appropriate, and supplemented by
others, where necessary, for evaluating the potential for improving the environmental aspects
mentioned in the previous paragraph:
(a) weight and volume of the product;
(b) use of materials issued from recycling activities;
(c) consumption of energy, water and other resources throughout the life cycle;
(d) use of substances classified as hazardous to health and/or the environment according to
Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations
and administrative provisions relating to the classification, packing and labelling of
dangerous substances1 and taking into account legislation on the marketing and use of
-
specific substances, such as Directives 76/769/EEC or 2002/95/EC;
(e) quantity and nature of consumables needed for proper use and maintenance;
(f) ease for reuse and recycling as expressed through: number of materials and components
used, use of standard components, time necessary for disassembly, complexity of tools
necessary for disassembly, use of component and material coding standards for the
identification of components and materials suitable for reuse and recycling (including
marking of plastic parts in accordance with ISO standards), use of easily recyclable
materials, easy access to valuable and other recyclable components and materials; easy
(i) extension of lifetime as expressed through: minimum guaranteed lifetime, minimum
-
time for availability of spare parts, modularity, upgradeability, reparability;
(j) amounts of waste generated and amounts of hazardous waste generated;
(k) emissions to air (greenhouse gases, acidifying agents, volatile organic compounds,
ozone depleting substances, persistent organic pollutants, heavy metals, fine particulate
and suspended particulate matter) without prejudice to Directive 97/68/EC of the European
Parliament and of the Council of 16 December 1997 on the approximation of the laws of
the Member States relating to measures against the emission of gaseous and particulate
pollutants from internal combustion engines to be installed in non-road mobile machinery1;
(l) emissions to water (heavy metals, substances with an adverse effect on the oxygen
-
balance, persistent organic pollutants);
(m) emissions to soil (especially leakage and spills of dangerous substances during the use
phase of the product, and the potential for leaching upon its disposal as waste).
PART 2. REQUIREMENTS RELATING TO THE SUPPLY OF INFORMATION
Implementing measures may require information to be supplied by the manufacturer that may
influence the way the EuP product is handled, used or recycled by parties other than the
manufacturer. This information may include, where applicable:
-
-information for consumers on the significant environmental characteristics and
performance of a product, accompanying the product when it is placed on the market to
allow consumers to compare these aspects of the products;
-
-information for consumers on how to install, use and maintain the product in order to
minimise its impact on the environment and to ensure optimal life expectancy, as well as
on how to return the product at end-of-life, and, where appropriate, information on the
period of availability of spare parts and the possibilities of upgrading products;
-
-information for treatment facilities concerning disassembly, recycling, or disposal at end-
of-life.
Information should be given on the product itself wherever possible.
This information will take into account obligations under other Community legislation, such as
PART 3. REQUIREMENTS FOR THE MANUFACTURER
-
1.Addressing the environmental aspects identified in the implementing measure as capable of being
influenced in a substantial manner through product design, manufacturers of EuPs products
will be required to perform an assessment of the EuP product model throughout its lifecycle,
based upon realistic assumptions about normal conditions and purposes of use. Other environmental
aspects may be examined on a voluntary basis.
-
2.Manufacturers will make use of this assessment to evaluate alternative design solutions and the
achieved environmental performance of the product against benchmarks.
The benchmarks will be identified by the Commission in the implementing measure on the basis of
information gathered during the preparation of the measure.
The choice of a specific design solution will achieve a reasonable balance between the various
environmental aspects and between environmental aspects and other relevant considerations, such
as safety and health, technical requirements for functionality, quality, and performance, and
economic aspects, including manufacturing costs and marketability, while complying with all
OE 2005/32
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ANNEX II
METHOD FOR SETTING SPECIFIC ECODESIGN REQUIREMENTS
(REFERRED TO IN ARTICLE 15)
Specific ecodesign requirements aim at improving a selected environmental aspect of the product.
They may take the form of requirements for reduced consumption of a given resource, such as a
limit on the use of a resource in the various stages of an EuP's product's life cycle, as
appropriate (such as a limit on water consumption in the use phase or on the quantities of a given
material incorporated in the product or a requirement for minimum quantities of recycled material).
In preparing implementing measures laying down specific ecodesign requirements pursuant to
Article 15, the Commission will identify, as appropriate to the EuP product covered by the
implementing measure, the relevant ecodesign parameters from among those referred to in Annex I,
Part 1, and set the levels of these requirements, in accordance with the procedure referred to in
The technical, environmental and economic analysis will also identify, for the
environmental aspects under consideration, the best-performing products and technology
available on the market.
The performance of products available on international markets and benchmarks set in
other countries' legislation should be taken into consideration during the analysis as well as
when setting requirements.
On the basis of this analysis and taking into account economic and technical feasibility as
well as potential for improvement, concrete measures are taken with a view to minimising
the product's environmental impact.
Concerning energy consumption in use, the level of energy efficiency or consumption will
be set aiming at the life-cycle cost minimum to end-users for representative EuP
product models, taking into account the consequences on other environmental
aspects. The life-cycle cost analysis method uses a real discount rate on the basis of data
provided from the European Central Bank and a realistic lifetime for the EuP
product ; it is based on the sum of the variations in purchase price (resulting from the
variations in industrial costs) and in operating expenses, which result from the different
levels of technical improvement options, discounted over the lifetime of the representative
EuP product models considered. The operating expenses cover primarily energy
consumption and additional expenses in other resources (such as water or detergent).
A sensitivity analysis covering the relevant factors (such as the price of energy or other
resource, the cost of raw materials or production costs, discount rates) and, where
appropriate, external environmental costs, including avoided greenhouse gas emissions,
will be carried out to check if there are significant changes and if the overall conclusions
are reliable. The requirement will be adapted accordingly.
A similar methodology could be applied to other resources such as water.
-
2.For the development of the technical, environmental and economic analyses,
information available in the framework of other Community activities could be used.
The same applies for information available from existing programmes applied in other
parts of the world for setting the specific ecodesign requirement of EuPs products
traded with the EU's economic partners.
-
3.The date of entry into force of the requirement will take the redesign cycle for the
OE 2005/32
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ANNEX III
CE MARKING
OE 2005/32
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ANNEX IV
INTERNAL DESIGN CONTROL
(REFERRED TO IN ARTICLE 8)
-
1.This Annex describes the procedure whereby the manufacturer or its authorised representative
who carries out the obligations laid down in point 2 of this Annex ensures and declares that the EuP
product satisfies the relevant requirements of the applicable implementing measure. The
declaration of conformity may cover one or more products and must be kept by the manufacturer.
-
2.A technical documentation file making possible an assessment of the conformity of the EuP
product with the requirements of the applicable implementing measure will be compiled by
the manufacturer.
The documentation will specify, in particular:
(a) a general description of the EuP product and of its intended use;
(d) elements of the product design specification relating to environmental design aspects of
-
the product;
(e) a list of the appropriate standards referred to in Article 10, applied in full or in part, and
a description of the solutions adopted to meet the requirements of the applicable
implementing measure where the standards referred to in Article 10 have not been applied
or where these standards do not cover entirely the requirements of the applicable
implementing measure;
(f) a copy of the information concerning the environmental design aspects of the product
-
provided in accordance with the requirements specified in Annex I, Part 2;
(g) the results of measurements on the ecodesign requirements carried out, including
details of the conformity of these measurements as compared with the ecodesign
requirements set out in the applicable implementing measure.
-
3.The manufacturer must take all measures necessary to ensure that the product will be
manufactured in compliance with the design specifications referred to in point 2 and with the
requirements of the measure which apply to it.
OE 2005/32
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ANNEX V
MANAGEMENT SYSTEM FOR ASSESSING CONFORMITY
(REFERRED TO IN ARTICLE 8)
-
1.This Annex describes the procedure whereby the manufacturer who satisfies the obligations of
point 2 of this Annex ensures and declares that the EuP product satisfies the requirements of
the applicable implementing measure. The declaration of conformity may cover one or more
products and must be kept by the manufacturer.
-
2.A management system may be used for the conformity assessment of an EuP a product
provided that the manufacturer implements the environmental elements specified in point 3 of this
Annex.
-
3.Environmental elements of the management system
This point specifies the elements of a management system and the procedures by which the
manufacturer can demonstrate that the EuP product complies with the requirements of the
3.1. The environmental product performance policy
The manufacturer must be able to demonstrate conformity with the requirements of the applicable
implementing measure. The manufacturer must also be able to provide a framework for setting and
reviewing environmental product performance objectives and indicators with a view to improving
the overall environmental product performance.
All the measures adopted by the manufacturer to improve the overall environmental performance of
and to establish the ecological profile of an EuP a product , if required by the implementing
measure, through design and manufacturing, must be documented in a systematic and orderly
manner in the form of written procedures and instructions.
These procedures and instructions must contain, in particular, an adequate description of:
-
-the list of documents that must be prepared to demonstrate the EuP's product's
conformity, and -- if relevant -- that have to be made available;
-
-the environmental product performance objectives and indicators and the organisational
structure, responsibilities, powers of the management and allocation of resources with
regard to their implementation and maintenance;
-
-the checks and tests to be carried out after manufacture to verify product performance
against environmental performance indicators;
3.2. Planning
The manufacturer will establish and maintain
(a) procedures for establishing the ecological profile of the product;
(b) environmental product performance objectives and indicators, which consider
-
technological options taking into account technical and economic requirements;
(c) a programme for achieving these objectives.
3.3. Implementation and documentation
3.3.1. The documentation concerning the management system should cover the following, in
particular:
(a) responsibilities and authorities will be defined and documented in order to ensure
effective environmental product performance and reporting on its operation for review and
improvement;
(b) documents will be established indicating the design control and verification techniques
-
implemented and processes and systematic measures used when designing the product;
(c) the manufacturer will establish and maintain information to describe the core
environmental elements of the management system and the procedures for controlling all
3.3.2. The documentation concerning the EuP product will specify, in particular:
(a) a general description of the EuP product and of its intended use;
(b) the results of relevant environmental assessment studies carried out by the
manufacturer, and/or references to environmental assessment literature or case studies,
which are used by the manufacturer in evaluating, documenting and determining product
design solutions;
(c) the ecological profile, if required by the implementing measure;
(d) documents describing the results of measurements on the ecodesign requirements
carried out including details of the conformity of these measurements as compared with the
ecodesign requirements set out in the applicable implementing measure;
(e) the manufacturer will establish specifications indicating, in particular, standards which
have been applied; where standards referred to in Article 10 are not applied or where they
do not cover entirely the requirements of the relevant implementing measure, the means
used to ensure compliance;
(f) a copy of the information concerning the environmental design aspects of the product
provided in accordance with the requirements specified in Annex I, Part 2.
3.4. Checking and corrective action
(a) the manufacturer must take all measures necessary to ensure that the EuP product
is manufactured in compliance with its design specification and with the requirements of
the implementing measure which applies to it;
(b) the manufacturer will establish and maintain procedures to investigate and respond to
non-conformity, and implement changes in the documented procedures resulting from
corrective action;
(c) the manufacturer will carry out at least every three years a full internal audit of the
management system with regard to its environmental elements.
OE 2005/32
ANNEX VI
DECLARATION OF CONFORMITY
(REFERRED TO IN ARTICLE 5(3))
The EC declaration of conformity must contain the following elements:
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1.the name and address of the manufacturer or of its authorised representative;
-
2.a description of the model sufficient for unambiguous identification;
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3.where appropriate, the references of the harmonised standards applied;
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4.where appropriate, the other technical standards and specifications used;
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5.where appropriate, the reference to other Community legislation providing for the
-
affixing of the CE mark that is applied;
-
6.identification and signature of the person empowered to bind the manufacturer or its
OE 2005/32
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ANNEX VII
CONTENTS OF THE IMPLEMENTING MEASURES
(REFERRED TO IN ARTICLE 15(8))
The implementing measure will specify, in particular:
-
1.the exact definition of the type(s) of EuP(s) product(s) covered;
-
2.the ecodesign requirement(s) for the EuP(s) product(s) covered, implementing
-
date(s), staged or transitional measures or periods;
-
-in the case of generic ecodesign requirement(s), the relevant phases and aspects
selected from those mentioned in Annex I, points 1.1 and 1.2, accompanied by
examples of parameters selected from those mentioned in Annex I, point 1.3 as
guidance when evaluating improvements regarding identified environmental aspects;
-
5.the measurement standards and/or measurement methods to be used; when available,
harmonised standards the reference numbers of which have been published in the Official
Journal of the European Union will be used;
-
6.the details for conformity assessment under Decision 93/465/EEC;
-
-where the module(s) to be applied is (are) different from Module A; the factors
leading to the selection of that specific procedure;
-
-where relevant the criteria for approval and/or certification of the third parties;
where different modules are laid down in other CE requirements for the same EuP
product , the module defined in the implementing measure will prevail for the
requirement concerned;
-
7.requirements on information to be provided by manufacturers notably on the elements of
the technical documentation which are needed for facilitating the checking of the
compliance of the EuP product with the implementing measure;
-
8.the duration of the transitional period during which Member States must permit the
placing on the market and/or putting into service of EuPs products which comply
with the regulations in force in their territory on the date of adoption of the implementing
measure;
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ANNEX VIII
In addition to the basic legal requirement that self-regulatory initiatives shall comply with all
provisions of the Treaty (in particular internal market and competition rules), as well as with the
international engagements of the Community, including multilateral trade rules, the following non-
exhaustive list of indicative criteria may be used to evaluate the admissibility of self-regulatory
initiatives as an alternative to an implementing measure in the context of this Directive:
-
1.OPENNESS OF PARTICIPATION
Self-regulatory initiatives shall be open to the participation of third country operators, both in the
preparatory and in the implementation phases.
-
2.ADDED VALUE
Self-regulatory initiatives shall deliver added value (more than `business as usual') in terms of the
improved overall environmental performance of the EuP product covered.
-
4.QUANTIFIED AND STAGED OBJECTIVES
The objectives defined by the stakeholders shall be set in clear and unambiguous terms, starting
from a well-defined baseline. If the self-regulatory initiative covers a long time-span, interim targets
shall be included. It must be possible to monitor compliance with objectives and (interim) targets in
an affordable and credible way using clear and reliable indicators. Research information and
scientific and technological background data shall facilitate the development of these indicators.
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5.INVOLVEMENT OF CIVIL SOCIETY
With a view to ensuring transparency, self-regulatory initiatives shall be publicised, including
through the use of the Internet and other electronic means of disseminating information.
The same shall apply to interim and final monitoring reports. Stakeholders including Member
States, industry, environmental NGOs and consumers' associations shall be invited to comment on a
self-regulatory initiative.
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6.MONITORING AND REPORTING
Self-regulatory initiatives shall contain a well-designed monitoring system, with clearly identified
responsibilities for industry and independent inspectors. The Commission services, in partnership
with the parties to the self-regulatory initiative, shall be invited to monitor the achievement of the
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7.COST-EFFECTIVENESS OF ADMINISTERING A SELF-REGULATORY INITIATIVE
The cost of administering self-regulatory initiatives, in particular as regards monitoring, shall not
lead to a disproportionate administrative burden, as compared to their objectives and to other
available policy instruments.
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8.SUSTAINABILITY
Self-regulatory initiatives shall respond to the policy objectives of this Directive including the
integrated approach and shall be consistent with the economic and social dimensions of sustainable
development. The protection of consumers' interests (health, quality of life and economic interests)
shall be integrated.
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9.INCENTIVE COMPATIBILITY
Self-regulatory initiatives are unlikely to deliver the expected results if other factors and incentives
-- market pressure, taxes, and legislation at national level -- send contradictory signals to
participants in the commitment. Policy consistency is essential in this regard and shall be taken into
consideration when assessing the effectiveness of the initiative.
Ø
ANNEX IX
PART A
Repealed Directive with list of its successive amendments
(referred to in Article 24)
Directive 2005/32/EC of the European Parliament and of the Council (OJ L 191, 22.7.2005, p. 29)
Directive 2008/28/EC of the European Parliament and of the Council (OJ L 81, 20.3.2008, p. 48) only Article 1
PART B
List of time-limits for transposition into national law
(referred to in Article 24)
Directive Deadline for transposition
2005/32/EC 11 August 2007
ANNEX X
CORRELATION TABLE
Directive 2005/32/EC This Directive
Articles 1 to 20 Articles 1 to 20
Article 21 __________
Article 22 __________
Article 23 Article 21
Article 24 Article 22
Article 25 __________
__________ Article 23
__________ Article 24
Article 26 Article 25
Article 27 Article 26
Annexes I to VIII Annexes I to VIII
__________ Annex IX
__________ Annex X
| publication date | 28-11-2008 |
|---|---|
| reference | 16193/1/08 REV 1 |
