eunbil · GW0NA5AD2 · 2008-12-01 00:00:00 — The life-cycle cost analysis method uses a real discount rate on the basis of data provided from and a realistic lifetime for the EuP ð product ï; 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 ð product ï 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. 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 ð products ï traded with the EUs economic partners. The date of entry into force of the requirement will take the redesign cycle for the product into account. 16193/1/08 REV 1 (en) ary/EB/pmc C EN ê 2005/32 ð new MARKING (REFERRED TO IN ARTICLE 5(2)) The CE marking must have a height of at least . If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected. The CE marking must be affixed to the EuP ð product ï. Where this is not possible, it must be affixed to the packaging and to the accompanying documents. 16193/1/08 REV 1 (en) ary/EB/pmc C EN ê 2005/32 ð new DESIGN CONTROL (REFERRED TO IN ARTICLE 8) 1. This describes the procedure whereby the manufacturer or its authorised representative who out the obligations laid down in point 2 of this ensures and declares that the EuP ð product ï 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. A technical documentation file making possible an assessment of the conformity of the EuP ð product ï 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 ð product ï 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) 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 , 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. 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. 16193/1/08 REV 1 (en) ary/EB/pmc C EN ê 2005/32 ð new SYSTEM FOR ASSESSING CONFORMITY (REFERRED TO IN ARTICLE 8) 1. This describes the procedure whereby the manufacturer who satisfies the obligations of point 2 of this ensures and declares that the EuP ð product ï 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. A management system may be used for the conformity assessment of an EuP ð a product ï provided that the manufacturer implements the environmental elements specified in point 3 of this . 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 ð product ï complies with the requirements of the applicable implementing measure. 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 ð a product ï, if required by the implementing measure, through design and manufacturing, must be documented in a systematic and orderly 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 EuPs ð products ï 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; procedures for controlling the required documentation and ensuring that it is kept up to date; the method of verifying the implementation and effectiveness of the environmental elements of the management system. 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. 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 documents required. The documentation concerning the EuP ð product ï will specify, in particular: (a) a general description of the EuP ð product ï 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 , Part 2. Checking and corrective action (a) the manufacturer must take all measures necessary to ensure that the EuP ð product ï 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. 16193/1/08 REV 1 (en) ary/EB/pmc C EN ê 2005/32 OF CONFORMITY (REFERRED TO IN ARTICLE 5(3)) The EC declaration of conformity must contain the following elements: 1. the name and address of the manufacturer or of its authorised representative; 2. a description of the model sufficient for unambiguous identification; 3. where appropriate, the references of the harmonised standards applied; 4. where appropriate, the other technical standards and specifications used; 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 authorised representative. 16193/1/08 REV 1 (en) ary/EB/pmc C EN ê 2005/32 ð new 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) ð product(s) ï covered; 2. the ecodesign requirement(s) for the EuP(s) ð product(s) ï 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 , points 1.1 and 1.2, accompanied by examples of parameters selected from those mentioned in , point 1.3 as guidance when evaluating improvements regarding identified environmental aspects; in the case of specific ecodesign requirement(s), its (their) level(s); 3. the ecodesign parameters referred to in , Part 1 relating to which no ecodesign requirement is necessary; 4. the requirements on installation of the EuP ð product ï where it has a direct relevance to the EuPs ð products ï environmental performance considered; 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 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 ð product ï, 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 ð product ï 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 ð products ï which comply with the regulations in force in their territory on the date of adoption of the implementing measure; 9. the date for the evaluation and possible revision of the implementing measure, taking into account speed of technological progress. 16193/1/08 REV 1 (en) ary/EB/pmc C EN ê 2005/32 ð new 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. 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 ð product ï covered. and their associations taking part in a self-regulatory action shall represent a large majority of the relevant economic sector, with as few exceptions as possible. Care shall be taken to ensure respect for competition rules. 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. 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. 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 objectives. The plan for monitoring and reporting shall be detailed, transparent and objective. It shall remain for the Commission services, assisted by the Committee referred to in Article 19(1), to consider whether the objectives of the voluntary agreement or other self-regulatory measures have been met. 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. 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. 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. 16193/1/08 REV 1 (en) ary/EB/pmc C EN é A Repealed Directive with list of its successive amendments (referred to in Article 24) Directive 2005/32/EC of Parliament and of the Council (OJ L 191, 22.7.2005, p. Directive 2008/28/EC of 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 2007 2008/28/EC - 16193/1/08 REV 1 (en) ary/EB/pmc C EN Directive 2005/32/EC This Directive Articles 1 to 20 Articles 1 to 20 Article 21 Article 23 Article 21 Article 24 Article 22 Article 25 Article 24 Article 26 Article 25 Article 27 Article 26 Annexes I to VIII Annexes I to VIII OJ C []. OJ C []. OJ L 191, 22.7.2005, p. Directive as amended by Directive 2008/28/EC (OJ L 81, 20.3.2008, p. See , Part A. OJ L 242, 10.9.2002, p. COM (2003) 302 final of OJ L 220, 30.8.1993, p. OJ L 220, 30.8.1993, p. OJ L 218 of , p. OJ C 136, , p. OJ C 141, , p. OJ L 297, 13.10.1992, p. Directive as amended by Regulation (EC) No 1882/2003 of Parliament and of the Council (OJ L 284, 31.10.2003, p. OJ L 237, 21.9.2000, p. OJ L 332, 15.12.2001Ö 39 of Õ, p. OJ L 37, , p. Directive as Ö last Õ amended by Directive 2003/108/EC (OJ L 345, 31.12.2003, p. 106) Ö 2008/34/EC (OJ L 81, 20.3.2008, p. 65) Õ. OJ L 37, , p. Ö Directive as last amended by Directive 2008/35/EC (OJ L 81, 20.3.2008, p. Õ OJ L 262, 27.9.1976, p. Directive as last amended by Commission Directive 2004/98/EC (OJ L 305, 1.10.2004, p. 63) Ö 396 of 30.12.2006, p. OJ L 167, 22.6.1992, p. Directive as last amended by Directive 2004/8/EC of Parliament and of the Council (OJ L 52, 21.2.2004, p. OJ L 236, , p. OJ L 279, 1.11.2000, p. OJ L 52, 23.2.1978, p. Directive as amended by Directive 82/885/EEC (OJ L 378, 31.12.1982, p. OJ L 196, 26.7.1990, p. Directive as amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. OJ L 1, , p. OJ L 344, 6.12.1986, p. Directive as amended by Regulation (EC) No 807/2003 (OJ L 122, , p. OJ L 184, , p. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. OJ C 321, 31.12.2003, p. OJ L 194, 25.7.1975, p. 39Ö 114, 27.4.2006, p. 9 Õ.Directive as last amended by Regulation (EC) No 1882/2003. OJ L 377, 31.12.1991, p. 20.Directive as amended by Directive 94/31/EC (OJ L 168, , p. OJ L 204, 21.7.1998, p. 37.Directive as last amended by the 2003 Act of Accession. OJ L 114, 24.4.2001, p. OJ L 191, 22.7.2005, p. OJ L 191, 22.7.2005, p. OJ L 191, 22.7.2005, p. A date corresponding to 12 months after entry into force. OJ 196, , p. Directive as last amended by Commission Directive 2004/73/EC (OJ L 152, 30.4.2004, p. OJ L 59, 27.2.1998, p. Directive as last amended by Directive 2004/26/EC (OJ L 146, 30.4.2004, p.