eunbil · GW0NA5AD2 · 2008-12-01 00:00:00 — 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 , Part B, ê 2005/32 ð new DIRECTIVE: Article 1 Subject matter and scope 1. This Directive establishes a framework for the setting of Community ecodesign requirements for energy-using ð related ï products with the aim of ensuring the free movement of those products within the internal market. This Directive provides for the setting of requirements which the energy-using ð related ï 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. This Directive shall not apply to means of transport for persons or goods. 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: ê 2005/32 (adapted) ð new 1. Energy-using ð related ï product or EuP Ö , hereinafter referred to as product, Õ means a product ð any good having an impact on energy consumption during use ï which, once Ö is Õ placed on the market and/or put into service ð in Union ï, 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 ð energy related products ï 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; ê 2005/32 ð new 2.Components and sub-assemblies means parts intended to be incorporated into EuPs ð products ï, 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 independently; 3.Implementing measures means measures adopted pursuant to this Directive laying down ecodesign requirements for defined EuPs ð products ï or for environmental aspects thereof; 4.Placing on the market means making an EuP ð a product ï 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 ð a product ï for its intended purpose by an end-user in the Community; 6.Manufacturer means the natural or legal person who manufactures EuPs ð products ï 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 manufacturers own name or trademark or for the manufacturers 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 product from a third country on the Community market in the course of his business; 9.Materials means all materials used during the life cycle of an EuPs ð a product ï; 10.Product design means the set of processes that transform legal, technical, safety, functional, market or other requirements to be met by an EuP ð a product ï into the technical specification for that EuP ð product ï; 11.Environmental aspect means an element or function of an EuP ð a product ï that can interact with the environment during its life cycle; 12.Environmental impact means any change to the environment or partially resulting from an EuP ð a product ï during its life cycle; 13.Life cycle means the consecutive and interlinked stages of an EuP ð a product ï from raw material use to final disposal; 14.Reuse means any operation by which an EuP ð a product ï 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 ð a product ï which is returned to a collection point, distributor, recycler or manufacturer, as well as reuse of an EuP ð a product ï 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 through direct incineration with or without other waste but with recovery of the heat; ê 2005/32 (adapted) 17.Recovery means any of the applicable operations provided for in to Council Directive 75/442/EEC of 15 1975 Ö 2006/12/EC of Parliament and of the Council of Õ on waste; 18.Waste means any substance or object in the categories set out in to Directive 75/442/EECÖ 2006/12/EC Õ which the holder discards or intends or is required to discard; ê 2005/32 ð new 19.Hazardous waste means any waste which is covered by Article 1(4) of Council Directive 91/689/EEC of on hazardous waste; 20.Ecological profile means a description, in accordance with the implementing measure applicable to the EuP ð product ï , of the inputs and outputs (such as materials, emissions and waste) associated with an EuP ð a product ï 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 ð a product ï means the results of the manufacturers management of the environmental aspects of the EuP ð product ï , as reflected in its technical documentation file; 22.Improvement of the environmental performance means the process of enhancing the environmental performance of an EuP ð a product ï 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 ð product ï throughout its whole life cycle; 24.Ecodesign requirement means any requirement in relation to an EuP ð a product ï, or the design of an EuP ð a product ï, intended to improve its environmental performance, or any requirement for the supply of information with regard to the environmental aspects of an EuP ð a product ï; 25.Generic ecodesign requirement means any ecodesign requirement based on the ecological profile as a whole of an EuP ð a product ï 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 ð a product ï, such as energy consumption during use, calculated for a given unit of output performance; 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 Parliament and of 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, 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 1. Member States shall take all appropriate measures to ensure that EuPs ð products ï 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. 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 ð product ï compliance, on an adequate scale, and to oblige the manufacturer or its authorised representative to recall non-compliant EuPs ð products ï from the market in accordance with Article 7; (ii) to require the provision of all necessary information by the parties concerned, as specified in implementing measures; (iii) to take samples of products and subject them to compliance checks. 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. 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: to ensure that the EuP ð product ï placed on the market or put into service complies with this Directive and the applicable implementing measure, to keep the declaration of conformity and the technical documentation available, shall lie with the importer. Article 5 Marking and declaration of conformity 1. Before an EuP ð a product ï covered by implementing measures is placed on the market and/or put into service, a CE conformity marking shall be affixed and a declaration of conformity issued whereby the manufacturer or its authorised representative ensures and declares that the EuP ð product ï complies with all relevant provisions of the applicable implementing measure. The CE conformity marking consists of the initials CE as shown in . The declaration of conformity shall contain the elements specified in and shall refer to the appropriate implementing measure. The affixing of markings on an EuP ð a product ï which are likely to mislead users as to the meaning or form of the CE marking shall be prohibited. Member States may require the information to be supplied pursuant to , Part 2 to be in their official language(s) when the EuP ð product ï 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 other measures; (b) the type of user anticipated for the EuP ð product ï and the nature of the information which is to be provided. Article 6 Free movement 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 , Part 1 which are covered by the applicable implementing measure, of an EuP ð a product ï that complies with all the relevant provisions of the applicable implementing measure and bears the CE marking in accordance with Article 5. Member States shall not prohibit, restrict or impede the placing on the market and/or putting into service, within their territories, of an EuP ð a product ï bearing the CE marking in accordance with Article 5 on grounds of ecodesign requirements relating to those ecodesign parameters referred to in , Part 1 for which the applicable implementing measure provides that no ecodesign requirement is necessary. Member States shall not prevent the display, for example at trade fairs, exhibitions and demonstrations, of EuPs ð products ï 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 1. Where a ascertains that an EuP ð a product ï 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 ð product ï 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 . Where there is sufficient evidence that an EuP ð a product ï might be non-compliant, the take the necessary measures which, depending on the gravity of the non-compliance, can go as far as the prohibition of the placing on the market of the EuP ð product ï until compliance is established. Where non-compliance continues, the take a decision restricting or prohibiting the placing on the market and/or putting into service of the EuP ð product ï 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. decision by a pursuant to this Directive which restricts or prohibits the placing on the market and/or the putting into service of an EuP ð a product ï 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 concerned and of the time limits to which such remedies are subject. The 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). 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 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. 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). The Member States and the Commission shall take the necessary measures to guarantee confidentiality with regard to information provided during that procedure, where justified. The decisions taken by Member States pursuant to this Article shall be made public, in a transparent way. The Commissions opinion on those decisions shall be published in the . Article 8 Conformity assessment 1. Before placing an EuP ð a product ï covered by implementing measures on the market and/or putting such an EuP ð a product ï into service, the manufacturer or its authorised representative shall ensure that an assessment of the EuPs ð products ï conformity with all the relevant requirements of the applicable implementing measure is carried out. 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 and the management system set out in 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 has strong indications of probable non-compliance of an EuP ð a product ï, that as soon as possible publish a substantiated assessment of the EuPs ð products ï compliance which may be conducted by a competent body in order to allow timely corrective action, if any. If an EuP ð a product ï covered by implementing measures is designed by an organisation registered in accordance with Regulation (EC) No 761/2001 of Parliament and of 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) 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 to this Directive. If an EuP ð a product ï 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 , that management system shall be presumed to comply with the corresponding requirements of . After placing an EuP ð a product ï 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 ð product ï has been manufactured. The relevant documents shall be made available within 10 days upon receipt of a request by the competent authority of a . 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 ð a product ï bearing the CE marking referred to in Article 5 as conforming to the relevant provisions of the applicable implementing measure. Member States shall regard an EuP ð a product ï for which harmonised standards have been applied, the reference numbers of which have been published in the , as conforming to all the relevant requirements of the applicable implementing measure to which such standards relate. EuPs ð Products ï which have been awarded the Community eco-label pursuant to Regulation (EC) No 1980/2000 shall be presumed to comply with the ecodesign requirements of the applicable implementing measure insofar as those requirements are met by the eco-label. 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 ð Products ï 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. Where a 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 concerned or the Commission shall inform set up under Article 5 of Directive 98/34/EC to that effect, giving the reasons. shall issue an opinion as a matter of urgency. In the light of that Committees 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 concerned in the . The Commission shall inform standardisation body concerned and, if necessary, issue a new mandate with a view to revision of the harmonised standards concerned. 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 ð a product ï 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 Directive. The precise nature and structure of the exchange of information between the Commission and Member States shall be decided in accordance with the procedure referred to in Article 19(2). The Commission shall take appropriate measures in order to encourage and contribute to the cooperation between Member States referred to in this Article. 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. ê 2008/28 Art. 1 pt. Guidelines covering specificities of SMEs 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. ê 2005/32 ð new 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 ð products ï 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 ê 2008/28 Art. 1 pt. 2(a) ð new 1. When an EuP ð a product ï 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 implementing 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 ð new 2.