G/TBT/W/672  
 
23 July 2019  
(19-4883) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
EUROPEAN UNION - DRAFT  COMMISSION REGULATI ON LAYING DOWN ECO -DESIGN 
REQUIREMENTS FOR ELE CTRONIC DISPLAYS PUR SUANT TO DIRECTIVE 2 009/125/EC  
OF THE EUROPEAN PARL IAMENT AND OF THE CO UNCIL, AMENDING COMM ISSION 
REGULATION (EC) NO 1 275/2008 AND REPEALI NG COMMISSI ON REGULATION  
(EC) 642/2009 (AND I TS ACCOMPANYING ANNE XES)"  
STATEMENT BY THE UNITED STATES TO THE COMMITTEE ON TECHNICAL BARRIERS T O TRADE  
20 AND 21 JUNE 2019  
The following communication, dated 22 July 2019, is being circulated at the request of the deleg ation 
of the United States . 
 
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1.  We are disappointed that the EU refuses to re -notify the eco -design regulation on electronic 
displays despite China, Japan, and the United States voicing concerns at the last TBT meeting. We 
ask that you work with industry to clarify the scope of this regulation and either provide an 
amendment or issue guidance.  
2.  The EU did not provide WTO Members an opportunity to comment on the significant changes 
made to the eco -design regulation in December 2018, which we un derstand are on course to become 
adopted by September 2019 and be implemented in April 2021. We are concerned this kind of 
arbitrary decision -making might happen again where, for example, a version of the eco -design 
regulation now in development for comput ers is notified to the WTO and then later the proposal is 
significantly changed at the Commission Regulatory Committee meeting without stakeholder input.  
3.  We continue to have concerns about the scope of coverage for this regulation.  
4.  The notified draft exc luded industrial monitors and embedded displays from the scope because 
the scope of this regulation was supposed to cover televisions and monitors only. It was our 
understanding that embedded displays would be taken up in the revised eco -design regulation on 
computers. However, in the eco -design regulation on electronic displays approved in December, 
some embedded displays are included, and it is unclear whether industrial monitors are included.  
5.  Displays for industrial use are designed to withstand harsh e nvironments which include high 
levels of vibration, temperature, humidity, outdoor use, and industrial levels of EMC (electromagnetic 
compatibility). These monitors are found in utility, manufacturing, and nuclear plants. In the worst 
case, it may prove im possible for some industrial displays to meet the new requirements of the 
eco-design regulation, such as off -mode requirements, while maintaining their high levels of 
reliability. In the best case, it will take up to seven years for manufacturers to develo p and test a 
specialized industrial product to meet these requirements.  
6.  We therefore ask that the EU amend the eco -design regulation on electronic displays to exclude 
industrial monitors and embedded displays or work with industry to issue guidance that c larifies that 
those products are not covered by this regulation.  
7.  In addition, the notified draft regulation allowed for the use of halogenated flame -retardants as 
long as the technical file accounted for them, but the final version bans all halogenated fl ame-
retardants from the enclosure and stand of electronic displays without allowing stakeholders the 
opportunity to comment. As mentioned earlier, we are concerned that this last -minute arbitrary G/TBT/W/672  
 
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  change affecting halogenated flame -retardants could be repea ted in the eco -design regulation for 
computers, which is under development.  
8.  Although certain halogenated flame retardants (PBB, and PBDE) are restricted under the RoHS 
regulation and companies have checked their suppliers to remove those specific flame re tardants, 
this regulation bans all halogenated flame retardants in stands and enclosures with no explanation 
on why the entire category needs to be eliminated. Halogenated flame retardants are necessary and 
found in most printed circuit boards and in other  parts of the same displays, putting into question 
why such a ban is needed and why just for the enclosures and stands.  
9.  Besides impacting both the flame retardant and television industries, this measure circumvents 
the chemicals management process in the EU, which is centered on the REACH Regulation and RoHS 
Directive. The potentially conflicting regulatory requirements between those directives and the 
eco-design regulation raise questions about transparency in the process of regulating these 
products. We ask that you amend the eco -design regulation on electronic displays to remove the 
ban on halogenated flame -retardants.  
10.  We know that the EU is planning future eco -design regulations for other products. It is critical 
that the processes for commenting on proposed measures be respected, and that where there are 
changes on key aspects of the measure, those changes are notified to the WTO for comment.  
 
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