eunbil · GW0NA5AD2 · 2008-12-01 00:00:00 — The criteria referred to in paragraph 1 are as follows: (a) the EuP ð product ï 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 ð product ï 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 ð product ïshall 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 ð products ï available on the market with equivalent functionality. In preparing a draft implementing measure the Commission shall take into account any views expressed by the Committee referred to in Article 19(1) and shall further take into account: (a) Community environmental priorities, such as those set out in Decision No 1600/2002/EC or in the Commissions European Climate Change Programme (ECCP); (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. In preparing a draft implementing measure the Commission shall: (a) consider the life cycle of the EuP ð product ï 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 ð a product ï 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 account in particular possible impacts on SMEs or on specific product groups manufactured primarily by SMEs. 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 industrys 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. Implementing measures shall lay down ecodesign requirements in accordance with and/or . 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 , Part 1. The requirements shall be formulated so as to ensure that market surveillance authorities can verify the conformity of the EuP ð product ï with the requirements of the implementing measure. The implementing measure shall specify whether verification can be achieved directly on the EuP ð product ï or on the basis of the technical documentation. Implementing measures shall include the elements listed in . 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. ê 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). ê 2005/32 Article 16 Working plan 1. In accordance with the criteria set out in Article 15 and having consulted the referred to in Article 18, the Commission shall not later than 6 2007 establish a working plan which shall be made publicly available. The working plan shall set out for the following three years an indicative list of product groups which will be considered as priorities for the adoption of implementing measures. The working plan shall be amended periodically by the Commission after consultation with the . 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 , 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. ê 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). ê 2005/32 Article 17 Self-regulation Voluntary agreements or other self-regulation measures presented as alternatives to implementing measures in the context of this Directive shall be assessed at least on the basis of . 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 . 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. 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. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. ê 2008/28 Art. 1 pt. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof. ê 2005/32 (adapted) Article 20 Penalties The Member States shall determine Ö lay down Õ the penalties Ö rules Õ applicable to breaches Ö infringements Õ of the national provisions adopted pursuant to this Directive Ö and shall take all measures necessary to ensure that they are implemented Õ . The penalties Ö provided for Õ 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. Ö 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. Õ Article 21 Amendments 1. Directive 92/42/EEC is hereby amended as follows: 1. Article 6 shall be deleted; 2. the following Article shall be inserted: Article 10a This Directive constitutes an implementing measure within the meaning of Article 15 of Directive 2005/32/EC of Parliament and of 2005 establishing a framework for the setting of ecodesign requirements for energy-using products, 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. , point 2, shall be deleted; 4. 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 Parliament and of 2005 establishing a framework for the setting of ecodesign requirements for energy-using products , 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. Directive 2000/55/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 Parliament and of 2005 establishing a framework for the setting of ecodesign requirements for energy-using products, 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. ê 2005/32 ð new Ü Council Article 2321 Review Not later than 6 2010 ð 2012 ï the Commission shall review ð Ü [] Û ïthe effectiveness of this Directive and of its implementing measures Ü under the extended scope, in particular the results achieved through the extension of the scope foreseen in the present Directive, Û the threshold for implementing measures, market surveillance mechanisms and any relevant self-regulation stimulated, Ü and on the basis of that review shall assess notably the appropriateness of extending the scope of the Directive to non energy related products, Ûafter consultation of the referred to in Article 18, and, as appropriate, present proposals to Parliament and this Directive. Article 2422 Confidentiality Requirements relating to the supply of information referred to in Article 11 and , Part 2, by the manufacturer and/or its authorised representative shall be proportionate and shall take into account the legitimate confidentiality of commercially sensitive information. Article 25 Implementation 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 11 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. 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. ò new Article 23 Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Articles 1 to 9, 11, 14, 15 and 20 and Annexes I to V, VII and VIII by [] at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive. 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. 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 , 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 , 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 . ê 2005/32 Article 2625 Entry into force This Directive shall enter into force on the 20th day following that of its publication in the . Article 2726 Addressees This Directive is addressed to the Member States. Done at []. For Parliament The President [] For the Council The President [] 16193/1/08 REV 1 (en) ary/EB/pmc C EN ê 2005/32 ð new FOR SETTING GENERIC ECO-DESIGN REQUIREMENTS (REFERRED TO IN ARTICLE 15) Generic ecodesign requirements aim at improving the environmental performance of EuPs ð products ï, focusing on significant environmental aspects thereof without setting limit values. The method according to this 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 ð product ï 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. ECODESIGN PARAMETERS FOR EUPS ð PRODUCTS ï 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 ð a product ï having reached the end of its first use until its final disposal. 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, electromagnetic fields; (d) expected generation of waste material; (e) possibilities for reuse, recycling and recovery of materials and/or of energy, taking into account Directive 2002/96/EC. 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 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packing and labelling of dangerous substances 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 access to components and materials containing hazardous substances; (g) incorporation of used components; (h) avoidance of technical solutions detrimental to reuse and recycling of components and whole appliances; (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 Parliament and of the Council of 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 machinery; (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). 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 ð product ï is handled, used or recycled by parties other than the manufacturer. This information may include, where applicable: information from the designer relating to the manufacturing process; 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 Directive 2002/96/EC. REQUIREMENTS FOR THE MANUFACTURER 1. Addressing the environmental aspects identified in the implementing measure as capable of being influenced in a substantial through product design, manufacturers of EuPs ð products ï will be required to perform an assessment of the EuP ð product ï 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. On the basis of this assessment manufacturers will establish the EuPs ð products ï ecological profile. It will be based on environmentally relevant product characteristics and inputs/outputs throughout the product life cycle expressed in physical quantities that can be measured. 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 relevant legislation. 16193/1/08 REV 1 (en) ary/EB/pmc C EN ê 2005/32 ð new 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 EuPs ð products ï 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 ð product ï covered by the implementing measure, the relevant ecodesign parameters from among those referred to in , Part 1, and set the levels of these requirements, in accordance with the procedure referred to in Article 19(2), as follows: 1. A technical, environmental and economic analysis will select a number of representative models of the EuP ð product ï in question on the market and identify the technical options for improving the environmental performance of the product, sight of the economic viability of the options and avoiding any significant loss of performance or of usefulness for consumers. 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 products 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 ð product ï models, taking into account the consequences on other environmental aspects.