eunbil · GW0NA5AD2 · 2008-12-01 00:00:00 — 16193/1/08 REV 1 (en) ary/EB/pmc DG C EN TTE, dp 4 COUNCIL OF THE EUROPEAN UNION Interinstitutional File: 2008/0151 (COD) 16193/1/08 REV 1 (en) 410 ENV 874 CODEC 1636 NOTE from: General of the Council to: No. 12119/08 236 ENV 487 CODEC 1009 Subject: Preparation for the Transport, Telecommunications and on Proposal for a Directive of 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 is attached. 16193/1/08 REV 1 (en) ary/EB/pmc DG C EN ê 2005/32 (adapted) ð 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 ð related ï products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of Parliament and of the Council Ö (Text with EEA relevance) Õ THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing Community, and in particular Article 95 thereof, Having regard to the proposal from the Commission, Having regard to the opinion of Economic and , Having regard to the opinion of , Acting in accordance with the procedure laid down in Article 251 of the Treaty, Whereas: ò new (1) Directive 2005/32/EC of Parliament and of 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 Parliament and of the Council has been substantially amended. 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. ê 2005/32 Recital 1 ð new (2) The disparities between the laws or administrative measures adopted by the Member States in relation to the ecodesign of energy-using ð related ï products can create barriers to trade and distort competition in the Community and may thus have a direct impact on the and functioning of the internal market. The harmonisation of national laws is the only means to prevent such barriers to trade and unfair competition. ð 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.ï ê 2005/32 Recital 2 ð new Ü Council (3) Energy-using ð related ï 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. Ü (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. ê 2005/32 Recital 3 (4) The ecodesign of products is a crucial factor in the Community strategy on Policy. As a preventive approach, designed to optimise the environmental performance of products, while maintaining their functional qualities, it provides genuine new opportunities for manufacturers, for consumers and for society as a whole. ê 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 Parliament and of the Council. 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. ê 2005/32 Recital 5 ð new (6) Action should be taken during the design phase of EuPs ð energy related products ï, since it appears that the pollution caused during a products life cycle is determined at that stage, and most of the costs involved are committed then. ê 2005/32 Recital 6 ð new (7) A coherent framework for the application of Community ecodesign requirements for EuPs ð energy related products ï 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. ê 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. ê 2005/32 Recital 8 ð new (9) This Directive seeks to achieve a high level of protection for the environment by reducing the potential environmental impact of EuPs ð energy related products ï, 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. ê 2005/32 Recital 9 (10) A 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 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. ê 2005/32 Recital 10 ð 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 ð energy related products ï and to advise them about how to use products in a which is environmentally friendly. ê 2005/32 Recital 11 (adapted) (12) The approach set out in the on Policy Ö Communication from the Commission to the Council and Parliament - Policy - on Environmental Life-Cycle Thinking, (IPP) Õ, 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 products 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. ê 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. ê 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 in . ê 2005/32 Recital 14 ð new (15) ð Where appropriate and ï Aas a general principle, the energy consumption of EuPs ð energy related products ï in stand-by or off-mode should be reduced to the minimum necessary for their proper functioning. ê 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. ê 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 than mandatory requirements. Legislative measures may be needed where market forces fail to evolve in the right direction or at an acceptable speed. ê 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. ê 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 staged objectives, involvement of civil society, monitoring and reporting, cost-effectiveness of administering a self-regulatory initiative, sustainability. ê 2005/32 Recital 19 (20) Chapter 6 of the 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. ê 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. ê 2005/32 Recital 21 ð new Ü Council (22) EuPs ð Energy related products ï complying with the ecodesign requirements laid down in implementing measures to this Directive should bear the CE marking and associated information, in order to enable them to be placed on the internal market and move freely. The rigorous enforcement of implementing measures is necessary to reduce the environmental impact of regulated EuPs ð energy related products ï and to ensure fair competition. ê 2005/32 Recital 22 (23) When preparing implementing measures and its working plan the Commission should consult 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. ê 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. ê 2005/32 Recital 24 Ü Council (25) Regard should be given to the modules and rules intended for use in technical harmonisation Directives set out in Ü Decision No 768/2008/EC of Parliament and of 2008 and repealing Û Council Decision 93/465/EEC Ü [] Û concerning the modules for the various phases of the conformity assessment procedures and the rules for the affixing and use of the CE conformity marking, which are intended to be used in the technical harmonisation directives. ê 2005/32 Recital 25 Ü 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 Ü , giving due regard to Regulation (EC) No 765/2008 of Parliament and of 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93. 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. ê 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. ê 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. ê 2005/32 Recital 28 (29) In respect of training and information on ecodesign for SMEs, it may be appropriate to consider accompanying activities. ê 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 , 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. ê 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 and the requirements dealt with. The purpose of harmonised standards should not be to fix limits for environmental aspects. ê 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. ê 2005/32 Recital 32 (33) This Directive is in accordance with certain principles for the implementation of the new approach as set out in the Council Resolution of 7 1985 on a new approach to technical harmonisation and standards and of making reference to harmonised European standards. Resolution of 28 October 1999 on the role of standardisation in Europe recommended that the Commission should examine whether the New Approach principle could be extended to sectors not yet covered as a means of improving and simplifying legislation wherever possible. ê 2005/32 Recital 33 (adapted) (34) This Directive is complementary to existing Community instruments such as Council Directive 92/75/EEC of on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances, Regulation (EC) No 1980/2000 of Parliament and of 2000 on a revised Community eco-label award scheme, Regulation (EC) No 2422/2001 of Parliament and of the Council of on a Community energy efficiency labelling programme for office equipment Ö 106/2008 of Parliament and of 2008 on a Community energy-efficiency labelling programme for office equipment Õ, Directive 2002/96/EC of Parliament and of 2003 on waste electrical and electronic equipment (WEEE), Directive 2002/95/EC of Parliament and of 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment and Council Directive 76/769/EEC of 27 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 Ö Directive 2006/121/EC of Parliament and of the Council of 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 Õ. Synergies between this Directive and the existing Community instruments should contribute to increasing their respective impacts and coherent requirements for manufacturers to apply. ê 2005/32 Recital 34 (adapted) Directive 92/42/EEC of 21 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels, Directive 96/57/EC of Parliament and of the Council of on energy efficiency requirements for household electric refrigerators, freezers and combinations thereof and Directive 2000/55/EC of Parliament and of the Council of on energy efficiency requirements for ballasts for fluorescent lighting already contain provisions for the revision of the energy efficiency requirements, they should be integrated into the present framework. ê 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. ê 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 and on the insulation of heat and domestic hot-water distribution in new non-industrial have been superseded by provisions of Directive 92/42/EEC, Council Directive 90/396/EEC of 29 1990 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels and Directive 2002/91/EC of Parliament and of the Council of on the energy performance of . Directive 78/170/EEC should therefore be repealed. ê 2005/32 Recital 37 (adapted) Council Directive 86/594/EEC of on airborne noise emitted by household appliances 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. ê 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 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. ê 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 the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. ê 2008/28 Recital 6 (adapted) ð new (37) In addition, the Commission should be empowered to adopt implementing measures laying down ecodesign requirements for defined energy-using ð related ï 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 Ö this Õ Directive 2005/32/EC by supplementing it with new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny. ò 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 representatives as well as concerned interested parties. ê 2005/32 Recital 39 (39) Member States should determine the penalties to be applied in the event of infringements of the national provisions adopted pursuant to this Directive. Those penalties should be effective, proportionate and dissuasive. ê 2005/32 Recital 40 (40) It should be remembered that paragraph 34 of the Interinstitutional agreement on better law-making 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. ê 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. ê 2005/32 Recital 42 (adapted) was consulted but did not deliver an opinion, ò 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.