In the first working plan, which shall be adopted by 19 April 2025, the Commission shall prioritise the following
5. product groups
a
iron and steel
b aluminium
c textiles, in particular garments and footwear
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d furniture, including mattresses
e tyres
f detergents
g paints
h lubricants
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j energy related products for which ecodesign requirements are to be set for the first time or for which existing measures
adopted pursuant to Directive 2009125EC are to be reviewed under this Regulation and
k information and communication technology products and other electronics. If any of the product groups referred to in the first subparagraph is not included in the first working plan or if any other
product group is included, the Commission shall provide a justification for its decision in that working plan.
6. Where there is an absence of adequate performance requirements and information requirements concerning the
environmental footprint and carbon footprint of cement under the construction products Regulation, the Commission shall
set ecodesign requirements for cement in a delegated act adopted pursuant to Article 4 not earlier than 31 December 2028
and not later than 1 January 2030. The Commission shall inform the European Parliament and the Council annually of the progress made in the
7. implementation of the working plan. Article 19
Ecodesign Forum
The Commission shall establish an Ecodesign Forum as an expert group with a balanced and effective participation of
experts designated by Member States and of all parties having an interest in the product or product group in question. The Ecodesign Forum shall contribute in particular to
a preparing ecodesign requirements
b preparing working plans
c examining the effectiveness of the established market surveillance mechanisms
d assessing self-regulation measures and
e assessing the prohibition of the destruction of unsold consumer products additional to those listed in Annex VII. Article 20
Member States Expert Group
The Commission shall establish a Member States Expert Group as a subgroup of the Ecodesign Forum, composed of experts
designated by the Member States. Those experts shall contribute in particular to
a preparing ecodesign requirements
b assessing self-regulation measures
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c exchanging information and best practices on measures to enhance compliance with this Regulation
d setting priorities under Article 26. Article 21
Self-regulation measures
1. Economic operators may submit to the Commission a self-regulation measure setting ecodesign requirements for
products not falling within the scope of a delegated act adopted pursuant to Article 4 or not included in the working plan. Those operators shall provide evidence that the criteria referred to in paragraph 3 of this Article are fulfilled. 2. The self-regulation measure submitted pursuant to paragraph 1 shall contain the following information
a a list of the economic operators that are signatories to the self-regulation measure
b the ecodesign requirements applicable to products covered by the self-regulation measure
c a detailed, transparent and objective monitoring plan, with clearly identified responsibilities for industry and
independent inspectors, including the criteria set out in Annex VI, point 6
d rules on information to be reported by signatories and on testing and inspections
e rules on the consequences of the non-compliance of a signatory that include provisions whereby, if the signatory has
not undertaken sufficient corrective action within three months, it is removed from the signatories of that
self-regulation measure and
f a note explaining how the self-regulation measure submitted pursuant to paragraph 1 improves the environmental
sustainability of products in line with the objectives of this Regulation more quickly or at lesser expense than
a delegated act adopted pursuant to Article 4 that note shall be supported by evidence, consisting of a structured
technical, environmental and economic analysis, justifying the ecodesign requirements and objectives of the
self-regulation measure, and assessing the impacts of those ecodesign requirements. The signatories of the self-regulation measure shall keep the information referred to in this paragraph up-to-date and
available on a publicly and freely accessible website. The signatories of the self-regulation measure shall, without delay, notify the Commission of any changes to the
self-regulation measure, in particular any changes concerning them. 3. The Commission shall assess the submitted self-regulation measure, and, where necessary, shall seek scientific advice
from Union decentralised agencies. In the assessment, the Commission shall verify whether the following criteria are
fulfilled
a the self-regulation measure is submitted by at least two economic operators
b the market share in terms of volume of the signatories to the self-regulation measure in relation to the products covered
by that measure is at least 80 of units placed on the market or put into service
c the self-regulation measure contributes to improving the environmental sustainability of products in line with the
objectives of this Regulation and to ensuring the free movement in the internal market more quickly or at a lesser
expense than a delegated act adopted pursuant to Article 4 and consists of ecodesign requirements that are necessary to
achieve the objectives of this Regulation
d the self-regulation measure complies with the criteria set out in Annex VI
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The Commission shall adopt an implementing act containing a list of self-regulation measures which fulfil the criteria of
this Article. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 732. 4. The Commission may at any point in time request the signatories to a self-regulation measure listed in an
implementing act adopted pursuant to paragraph 3, second subparagraph, to submit, within an appropriate period of time,
a revised and updated version of that measure in view of relevant market or technological developments relating to the
product group concerned. Where the Commission has reason to believe that the criteria set out in this Article are no longer
fulfilled, the signatories shall submit a revised and updated version of that measure within three months of the request
made by the Commission. 5. Once a self-regulation measure has been listed in an implementing act adopted pursuant to paragraph 3, second
subparagraph, the signatories of that measure shall report to the Commission, at regular intervals set out in that
implementing act, on the progress made towards achieving the objectives of the self-regulation measure and to demonstrate
that the criteria set in paragraph 3 remain fulfilled. The independent inspector referred to in Annex VI, point 6, shall notify the Commission of the lack of compliance of
a signatory. Progress reports, including compliance reports made by the independent inspector, and notifications about lack of
compliance and corresponding corrective action shall be made available by the signatories on a publicly accessible website.
6. Where the Commission considers that a self-regulation measure listed in an implementing act adopted pursuant to
paragraph 3, second subparagraph, no longer fulfils the criteria set out in this Article or where the signatories of the
self-regulation measure concerned did not meet the deadline referred to in paragraph 4, it shall delete that measure from the
list referred to in paragraph 3 by means of implementing acts. Those implementing acts shall be adopted in accordance with
the advisory procedure referred to in Article 732. Where a self-regulation measure has been deleted from the list referred to in paragraph 3, the Commission may set
ecodesign requirements applicable to the product covered by that self-regulation measure in a delegated act adopted
pursuant to Article 4. Article 22
Small and medium-sized enterprises
1. In the context of programmes from which SMEs, in particular micro-enterprises, can benefit, the Commission shall
ensure there are initiatives which help those enterprises to integrate environmental sustainability, including energy
efficiency, into their value chain. 2. When adopting delegated acts pursuant to Article 4, the Commission shall, where appropriate, accompany those
delegated acts with digital tools and guidelines covering specificities of SMEs, in particular micro-enterprises, active in the
product sector or product group sector concerned, in order to facilitate the compliance with this Regulation by those
enterprises. When drafting those guidelines, the Commission shall consult organisations that represent SMEs.
3. Member States shall take appropriate measures to help SMEs, in particular microenterprises, comply with the
ecodesign requirements set out in delegated acts adopted pursuant to Article 4. Member States shall consult organisations
that represent SMEs on the kind of measures SMEs consider useful. Those measures shall at least include ensuring the availability of one-stop shops or similar mechanisms to raise awareness
of ecodesign requirements and create networking opportunities for SMEs, in particular microenterprises, to adapt to
ecodesign requirements.
In addition, without prejudice to applicable State aid rules, such measures may include
a financial support, including by providing fiscal advantages and investing in physical and digital infrastructure
b access to finance
c specialised management and staff training
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d organisational and technical assistance. EN
CHAPTER VI
DESTRUCTION OF UNSOLD CONSUMER PRODUCTS
Article 23
General principle of prevention of destruction
Economic operators shall take necessary measures which can reasonably be expected to prevent the need to destroy unsold
consumer products. Article 24
Disclosure of information on unsold consumer products
Economic operators that discard unsold consumer products directly or have unsold consumer products discarded on
1. their behalf shall disclose
a the number and weight of unsold consumer products discarded per year, differentiated per type or category of products
b the reasons for discarding products, and where applicable, the relevant derogation under Article 255
c the proportion of discarded products delivered, whether directly or through a third party, to undergo each of the
following activities preparing for reuse, including refurbishment and remanufacturing, recycling, other recovery
including energy recovery, and disposal operations in accordance with the waste hierarchy as defined by Article 4 of
Directive 200898EC
d measures taken and measures planned for the purpose of preventing the destruction of unsold consumer products. Economic operators shall disclose the information referred to in the first subparagraph in a clear and visible manner at least
on an easily accessible page of their website. Economic operators that are subject to the obligation to publish the
sustainability reporting in their management report pursuant to Article 19a or 29a of Directive 201334EU may also
include that information in that sustainability reporting. Economic operators shall disclose the information referred to in the first subparagraph on an annual basis and shall include
as part of that information the unsold consumer products discarded during the preceding financial year. They shall make
the information for each year publicly available. That first disclosure shall cover unsold consumer products discarded
during the first full financial year during which this Regulation is in force. This paragraph shall not apply to micro and small enterprises. This paragraph shall apply to medium-sized enterprises from 19 July 2030.
2. With the exception of when the information is available to the competent national authority on the basis of another
legal act, the economic operators shall, at the request of the Commission or a competent national authority, provide all the
information and documentation necessary to demonstrate the delivery and reception of the discarded products as disclosed
pursuant to paragraph 1, point c, of this Article, and, where relevant, the information necessary to demonstrate the
applicability of a derogation under Article 255. Such information and documentation shall be provided in paper or
electronic form within 30 days of receipt of the request. 3. The Commission shall adopt implementing acts setting out the details and format for the disclosure of the
information referred to in paragraph 1, including the delimitation of product types or categories and how such information
is to be verified. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 733.
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The first such implementing act shall be adopted by 19 July 2025. Article 25
Destruction of unsold consumer products
1. From 19 July 2026, the destruction of unsold consumer products as listed in Annex VII shall be prohibited. This paragraph shall not apply to micro and small enterprises. This paragraph shall apply to medium-sized enterprises from 19 July 2030. Economic operators that are not subject to the prohibition referred to in paragraph 1 shall not destroy unsold
2. consumer products supplied to them with the purpose of circumventing that prohibition.
3. The Commission is empowered to adopt delegated acts in accordance with Article 72 in order to amend Annex VII
a to add new products, in order to take account of the environmental impacts of their destruction
b to update the entries within product groups, in order to align them to modifications of their respective commodity
codes or descriptions that are made in Annex I to Regulation EEC No 265887, where necessary. 4. When preparing a delegated act to be adopted pursuant to paragraph 3, point a, the Commission shall
a assess the prevalence and environmental impacts of the destruction of certain unsold consumer products
b take into account the information disclosed by economic operators pursuant to Article 241
c carry out an impact assessment based on best available evidence and analyses, and on additional studies as necessary. That delegated act shall specify its date of application and, where appropriate, any tiered measures or transitional measures
or periods. 5. The Commission shall adopt delegated acts in accordance with Article 72 to supplement this Regulation by setting
out derogations from the prohibition of destruction of unsold consumer products listed in Annex VII where it is
appropriate for any of the following reasons
a health, hygiene and safety reasons
b damage caused to products as a result of their handling, or detected after products have been returned, which cannot be
repaired in a cost-effective manner
c unfitness of products for the purpose for which they are intended, taking into account, where applicable, Union and
national law and technical standards
d non-acceptance of products offered for donation
e unsuitability of products for preparing for reuse or for remanufacturing
f unsaleability of products due to infringement of intellectual property rights, including counterfeit products
g destruction is the option with the least negative environmental impacts. 5089
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Those delegated acts may also, where relevant, provide that the prohibition to destroy unsold consumer products referred
to in paragraph 1 of this Article or the disclosure obligation set out in Article 24 apply to micro and small enterprises
where there is sufficient evidence that such enterprises could be used to circumvent that prohibition or that obligation. The first delegated act referred to in the first subparagraph shall be adopted by 19 July 2025.
Consolidated information on the destruction of unsold consumer products
Article 26
By 19 July 2027 and every 36 months thereafter, the Commission shall publish on its website consolidated information on
the destruction of unsold consumer products, including the following elements
a the prevalence of the destruction of specific groups of unsold consumer products per year, on the basis of the
information disclosed by economic operators pursuant to Article 241
b the comparative environmental impacts resulting from destruction of unsold consumer products per product group. CHAPTER VII
OBLIGATIONS OF ECONOMIC OPERATORS
Article 27
Obligations of manufacturers
1. When placing products covered by a delegated act adopted pursuant to Article 4 on the market or putting them into
service, manufacturers shall ensure that
a those products have been designed and manufactured in accordance with the performance requirements set out in the
delegated acts adopted pursuant to Article 4
b those products are accompanied by the information required under Article 7 and the delegated acts adopted pursuant to
Article 4 and
c a digital product passport is available in accordance with Article 9 and the delegated acts adopted pursuant to Article 4,
including a back-up copy of the most up-to-date version of the digital product passport stored by a digital product
passport service provider in accordance with Article 104. 2. Before placing a product covered by a delegated act adopted pursuant to Article 4 on the market or putting it into
service, manufacturers shall carry out the conformity assessment procedure specified in that delegated act, or have it carried
out on their behalf, and draw up the required technical documentation. Where compliance of a product covered by a delegated act adopted pursuant to Article 4 with the applicable requirements
has been demonstrated by that procedure, manufacturers shall draw up an EU declaration of conformity in accordance with
Article 44 and affix the CE marking in accordance with Article 46. However, where the Commission has specified
alternative rules pursuant to Article 46, point d, the manufacturer shall affix conformity marking in accordance with
those rules. 3. Manufacturers shall keep the technical documentation and the EU declaration of conformity for 10 years after
a product covered by a delegated act adopted pursuant to Article 4 has been placed on the market or put into service, unless
a different period has been specified in that delegated act. 4. Manufacturers shall ensure that procedures are in place to ensure that products covered by a delegated act adopted
pursuant to Article 4 which are part of a series production remain in conformity with the applicable requirements. Changes
in the production process, product design or in characteristics, as well as changes in harmonised standards, common
specifications or other technical specifications by reference to which product conformity is declared or through the
application of which its conformity is verified, shall be adequately taken into account by manufacturers and, in the event
they find that the products conformity is affected by such changes, manufacturers shall carry out a reassessment in
accordance with the applicable conformity assessment procedure as referred to in paragraph 2, or have that reassessment
carried out on their behalf.
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5. Manufacturers shall ensure that their products covered by a delegated act adopted pursuant to Article 4 bear a type,
batch or serial number or other element allowing their identification, or, where the size or nature of the product does not
so allow, that the required information is provided on the packaging or in a document accompanying the product. For products covered by a delegated act adopted pursuant to Article 4, manufacturers shall indicate their name,
6. registered trade name or registered trade mark, postal address at which, and electronic means of communication through
which, they can be contacted
a on the public part of the digital product passport, where applicable and
b on the product or, where that is not possible, on its packaging, or in a document accompanying the product. The address shall indicate a single point where the manufacturer can be contacted. The contact details shall be clear,
understandable and legible.
7. Manufacturers shall ensure that a product covered by a delegated act adopted pursuant to Article 4 is accompanied by
instructions in digital format concerning the product digital instructions in a language that can be easily understood, as
determined by the Member State concerned. Digital instructions shall be clear, understandable and legible and include at
least the information set out in Article 72, point bii, as specified in that delegated act. However, manufacturers shall provide in paper, in a concise format, safety information and the instructions relevant for the
health and safety of customers and other relevant actors. When providing the digital instructions, the manufacturer shall include them in the digital product passport and make them
accessible through the corresponding data carrier, or, where the digital product passport is not applicable, indicate on the
product, or, where that is not possible, on its packaging or in an accompanying document, how to access the digital
instructions. The manufacturer shall present the digital instructions in a format that makes it possible to download and save them on an
electronic device so that the user can access them at all times and shall make them accessible online during the expected
lifetime of the product, but in any event for at least 10 years after the placing on the market or putting into service of the
product. Where the customer so requests at the time of the purchase, or up to six months after that purchase, the manufacturer shall
provide the digital instructions in a paper format, free of charge, within one month of receiving the request. The delegated acts adopted pursuant to Article 4 may specify that certain information forming part of the digital
instructions is also to be provided in paper format. 8. Manufacturers that consider or have reason to believe that a product covered by a delegated act adopted pursuant to
Article 4 that they have placed on the market or put into service is not in conformity with the requirements set out in that
delegated act shall without undue delay take the necessary corrective action to bring that product into conformity, or to
immediately withdraw or recall it, if appropriate. Manufacturers shall immediately inform the market surveillance authorities of the Member States in which they made the
product available or put it into service of the suspected non-compliance and of any corrective action taken. 9. Manufacturers shall make publicly available communication channels such as a telephone number, electronic address
or dedicated section of their website, taking into account the accessibility needs of persons with disabilities, in order to
allow customers to submit complaints or concerns regarding the potential non-conformity of products. Manufacturers shall keep a register of complaints and concerns as long as it is necessary for the purposes of this Regulation,
but no longer than five years after they have been submitted and make the register available at the request of a market
surveillance authority. 10. Manufacturers shall, for products covered by a delegated act adopted pursuant to Article 4, further to a reasoned
request from a competent national authority, provide all the information and documentation necessary to demonstrate the
conformity of those products, including the technical documentation, in a language that can be easily understood by that
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authority. That information and documentation shall be provided in paper or electronic form, as soon as possible and in
any event within 15 days of receipt of a request by that authority.
Manufacturers shall cooperate with the competent national authority regarding any corrective action taken to remedy any
case of non-compliance with the requirements set out in the applicable delegated act adopted pursuant to Article 4. Article 28
Authorised representatives
1. A manufacturer may, by a written mandate, appoint an authorised representative. The obligations laid down in Article 271 and the drawing up of technical documentation shall not form part of the
authorised representatives mandate. An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The
2.
mandate shall allow the authorised representative to do at least the following
a keep the EU declaration of conformity and technical documentation at the disposal of the national market surveillance
authorities for 10 years after a product covered by a delegated act adopted pursuant to Article 4 has been placed on the
market or put into service unless a different period has been specified in that delegated act
b cooperate with the competent national authorities, at their request, on any measures taken with regard to cases of
non-compliance of the product covered by the authorised representatives mandate
c further to a reasoned request from a competent national authority, provide that authority with all the information and
documentation necessary to demonstrate the conformity of a product, in a language that can be easily understood by
that authority as soon as possible and in any event within 15 days of receipt of such a request and
d terminate the mandate if the manufacturer acts contrary to its obligations under this Regulation. Article 29
Obligations of importers
Importers shall, with regard to products covered by a delegated act adopted pursuant to Article 4, only place on the
1. market products that comply with the requirements set out in the applicable delegated acts. Before placing a product covered by a delegated act adopted pursuant to Article 4 on the market, importers shall
2. ensure that
a the appropriate conformity assessment procedure has been carried out by the manufacturer and that the manufacturer
has drawn up the technical documentation
b the product is accompanied by the information required under Article 7 and the delegated acts adopted pursuant to
Article 4 and
c a digital product passport is available in accordance with Article 9 and the delegated acts adopted pursuant to Article 4,
including a back-up copy of the most up-to-date version of the digital product passport stored by a digital product
passport service provider in accordance with Article 104. The importer shall further ensure that a product covered by a delegated act adopted pursuant to Article 4 bears the required
CE marking referred to in Article 45, where applicable, in accordance with the rules and conditions referred to in
Article 46, or the alternative conformity marking as laid down in a delegated act adopted pursuant to Article 46, point d,
and is accompanied by the required documents, and that the manufacturer has complied with the requirements set out in
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Where importers consider or have reason to believe that a product is not in conformity with the requirements set out in the
applicable delegated acts adopted pursuant to Article 4, they shall not place the product on the market or put it into service
until it has been brought into conformity. For products covered by a delegated act adopted pursuant to Article 4, importers shall indicate their name, registered
3. trade name or registered trade mark, postal address at which and electronic means of communication through which they
can be contacted
a on the public part of the digital product passport, where applicable and
b on the product or, where that is not possible, on the packaging, or in a document accompanying the product. The contact details shall be clear, understandable and legible. 4. Importers shall ensure that a product covered by a delegated act adopted pursuant to Article 4 is accompanied by
digital instructions in a language that can be easily understood, as determined by the Member State concerned. Such
instructions shall be clear, understandable and legible and include at least the information set out in Article 72, point b
ii, as specified in the delegated acts adopted pursuant to Article 4. The obligations laid down in Article 277 fourth and
fifth subparagraphs, shall apply mutatis mutandis. Importers shall ensure that, while a product is under their responsibility, storage or transport conditions do not
5. jeopardise its compliance with the requirements set out in the applicable delegated act adopted pursuant to Article 4. 6. Importers that consider or have reason to believe that a product covered by a delegated act adopted pursuant to
Article 4 that they have placed on the market is not in conformity with the requirements set out in that delegated act shall
without undue delay take the necessary corrective action to bring that product into conformity, or to immediately withdraw
or recall it, if appropriate. Importers shall immediately inform the market surveillance authorities of the Member States in which they made the
product available of the suspected non-compliance and of any corrective action taken. 7. Importers shall keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities
and ensure that the technical documentation can be made available to those authorities, upon request, for 10 years after
a product covered by a delegated act adopted pursuant to Article 4 has been placed on the market or put into service, unless
a different period has been specified in that delegated act. Importers shall, for products covered by a delegated act adopted pursuant to Article 4, further to a reasoned request
8. from a competent national authority, provide all the information and documentation necessary to demonstrate the
conformity of those products, including the technical documentation, in a language that can be easily understood by that
authority. That information and documentation shall be provided in paper or electronic form, as soon as possible and in
any event within 15 days of receipt of a request by that authority.
Importers shall cooperate with the competent national authority regarding any corrective action taken to remedy any case
of non-compliance with the requirements set out in the applicable delegated act adopted pursuant to Article 4. Article 30
Obligations of distributors
1. When making a product covered by a delegated act adopted pursuant to Article 4 available on the market, distributors
shall act with due care in relation to the requirements set out in the applicable delegated acts. Before making a product covered by a delegated act adopted pursuant to Article 4 available on the market,
2. distributors shall verify that
a the product bears the CE marking in accordance with Articles 45 and 46 or the conformity marking adopted in
accordance with Article 46, point d, and, where relevant, is labelled or is linked to a digital product passport in
accordance with that delegated act
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b the product is accompanied by the required documents and by digital instructions in a language that can be easily
understood by customers, as determined by the Member State concerned, and that such instructions are clear,
understandable and legible and include at least the information set out in Article 72, point b ii, as specified in the
delegated act adopted pursuant to Article 4 the obligations laid down in Article 277, fourth and fifth subparagraphs,
shall apply mutatis mutandis and
c the manufacturer and the importer have complied with the requirements set out in Article 275 and 6 and Article
293. 3. Where distributors consider or have reason to believe that a product, before making it available on the market, is not
in conformity, or its manufacturer is not complying, with the requirements set out in the applicable delegated acts adopted
pursuant to Article 4, they shall not make the product available on the market until the product has been brought into
conformity or the manufacturer complies. Distributors shall ensure that, while a product is under their responsibility, storage or transport conditions do not
jeopardise its compliance with the requirements set out in in the applicable delegated acts adopted pursuant to Article 4. 4. Distributors that consider or have reason to believe that a product which they have made available on the market is
not in conformity with the requirements set out in the applicable delegated acts adopted pursuant to Article 4 shall ensure
that the necessary corrective action to bring that product into conformity, to withdraw or recall it, if appropriate, is taken. Distributors shall immediately inform the market surveillance authorities of the Member States in which they made the
product available of the suspected non-compliance and of any corrective action taken. 5. Distributors shall, further to a reasoned request from a competent national authority, provide all the information and
documentation to which they have access and that is necessary to demonstrate the conformity of a product.
That
information and documentation shall be provided in paper or electronic form, within 15 days of receipt of a request by that
authority. Distributors shall cooperate with the competent national authority regarding any corrective action taken to remedy any case
of non-compliance with the applicable delegated act adopted pursuant to Article 4. Article 31
Obligations of dealers
1. Dealers shall ensure that their customers and potential customers have access to any relevant information
accompanying products, as required by the delegated acts adopted pursuant to Article 4, including in the event of distance
selling. 2. Dealers shall ensure that the digital product passport is easily accessible for customers and potential customers,
including in the event of distance selling, as set out in Article 92, point e, and specified in the applicable delegated acts
adopted pursuant to Article 4. 3. Dealers shall, including in the event of distance selling
a display to customers and potential customers, in a visible manner, the labels provided in accordance with Article 321,
point b or c
b make reference to the information included on the labels provided in accordance with Article 321, point b or c, in
visual advertisements or in technical promotional material for a specific model, in accordance with the applicable
delegated acts adopted pursuant to Article 4 and
c not provide or display other labels, marks, symbols or inscriptions that are likely to mislead or confuse customers and
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Article 32
Obligations related to labels
1. Where a delegated act adopted pursuant to Article 4 requires products to have a label as referred to in Article 16, the
economic operators placing the products on the market or putting them into service shall
a ensure that products are accompanied, for each individual unit and free of charge, by printed labels in accordance with
that delegated act
b provide printed labels or digital copies of the label to the dealer free of charge, promptly and in any event within 5
working days of the dealers request and
c ensure that their labels are accurate, and provide technical documentation sufficient to enable the accuracy of their
labels to be assessed. 2. Where a delegated act adopted pursuant to Article 4 requires products to have a label as referred to in Article 16, the
economic operators making the products available or putting them into service shall
a make reference to the information included on the label in visual advertisements or in technical promotional material
for a specific model, in accordance with the applicable delegated acts adopted pursuant to Article 4
b not provide or display other labels, marks, symbols or inscriptions that are likely to mislead or confuse customers or
potential customers with regard to the information included on the label regarding ecodesign requirements. Article 33
Obligations of fulfilment service providers
Fulfilment service providers shall ensure that, for products that they handle that are covered by a delegated act adopted
pursuant to Article 4, the conditions during warehousing, packaging, addressing or dispatching do not jeopardise the
products compliance with that delegated act. Cases in which obligations of manufacturers apply to importers and distributors
Article 34
Importers or distributors shall be considered manufacturers for the purposes of this Regulation where they
a place a product covered by a delegated act adopted pursuant to Article 4 on the market under their name or trademark
or
b modify such a product already placed on the market in a way that affects compliance with the requirements set out in
the applicable delegated acts adopted pursuant to Article 4. Obligations of providers of online marketplaces and online search engines
Article 35
The general obligations provided for in Articles 11 and 30 of Regulation EU 20222065 shall apply for the purposes
1. of this Regulation. Without prejudice to the general obligations referred to in the first subparagraph, providers of online marketplaces shall
cooperate with the market surveillance authorities, at the request of those authorities and in specific cases, to facilitate any
action taken to eliminate or, if that is not possible, to mitigate the non-compliance of a product that is or was offered for
sale online through their services. 5689
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As far as powers conferred by Member States in accordance with Article 14 of Regulation EU 20191020 are
2. concerned, Member States shall confer on their market surveillance authorities the power, for all products covered by
a relevant delegated act adopted pursuant to Article 4, to order a provider of an online marketplace to act against one or
more specific items of content referring to a non-compliant product, including by removing them. Such content shall be
considered to be illegal content within the meaning of Article 3, point h, of Regulation EU 20222065. Market
surveillance authorities may, in accordance with Article 9 of Regulation EU 20222065, issue such orders. Providers of online marketplaces shall establish a single contact point for the purposes of direct communication with
3. Member States market surveillance authorities in relation to compliance with this Regulation.
That single contact point may be the same contact point as that referred to in Article 221 of Regulation EU 2023988 of
the European Parliament and of the Council 62 or Article 111 of Regulation EU 20222065. Article 36
Information obligations of economic operators
1. When making a product covered by a delegated act adopted pursuant to Article 4 available on the market through
distance selling, economic operators shall ensure that the product offer clearly and visibly provides at least the following
information
a the name, registered trade name or registered trade mark of the manufacturer, as well as the postal and electronic
address where the manufacturer can be contacted
b in the event that the manufacturer is not established in the Union, the name, postal and electronic address and
telephone number of the economic operator established in the Union within the meaning of Article 42 of Regulation
EU 20191020 and
c
information allowing the identification of the product, including a picture of it, its type and any other product identifier. 2. Economic operators shall, upon a reasoned request, provide the market surveillance authorities with
a the name of any economic operator that has supplied them with a product falling within the scope of a delegated act
adopted pursuant to Article 4
b the name of any economic operator to whom or to which they have supplied such products, as well as the quantities
and exact models of such products. Economic operators shall ensure that they are able to provide the information referred to in the first subparagraph for 10
years after they have been supplied with the relevant products and for 10 years after they have supplied such products,
unless a different period has been specified in the delegated act referred to in paragraph 1. That information shall be
provided in paper or electronic form within 15 days of receipt of a request by the market surveillance authority. 3.
When requiring manufacturers, their authorised representatives or importers to make parts of the technical
documentation related to the relevant product digitally available pursuant to Article 46, point aiii, the Commission shall
take into account the following criteria
a the need to facilitate the verification by market surveillance authorities of compliance of manufacturers, their authorised
representatives and importers with the applicable requirements and
b the need to avoid a disproportionate administrative burden for economic operators, in particular for SMEs. 62
Regulation EU 2023988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending
Regulation EU No 10252012 of the European Parliament and of the Council and Directive EU 20201828 of the European
Parliament and the Council, and repealing Directive 200195EC of the European Parliament and of the Council and Council
Directive 87357EEC OJ L 135, 23.5.2023, p. 1. ELI httpdata.europa.euelireg20241781oj
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The Commission shall specify the manner in which the relevant parts of the technical documentation are to be made
available. Where the digital product passport is available, technical documentation shall be made available through it. Monitoring and reporting obligations of economic operators
Article 37
1. When requiring manufacturers, their authorised representatives or importers to make available to the Commission
information on the quantities of a product pursuant to Article 46, point b, the Commission shall take into account the
following criteria
a the availability of evidence concerning the market penetration of the relevant product and which is necessary to
facilitate the review of delegated acts adopted pursuant to Article 4 applicable to that product
b the need to avoid a disproportionate administrative burden for economic operators, in particular for SMEs and
c the usefulness of the information required and the proportionality of that requirement. The Commission shall specify the period to which the information referred to in the first subparagraph is to relate. That
information shall be differentiated per product model. The Commission shall specify the means through which the relevant information is to be made available and how
frequently such information is to be made available. The Commission shall ensure that the information made available is processed securely and in compliance with Union law. 2. When requiring that a product be able to measure the energy it consumes or its performance in relation to other
relevant product parameters referred to in Annex I while in use, pursuant to Article 46, point ci, the Commission shall
take into account the following criteria
a the usefulness of in-use data for end users to understand and manage the energy use or performance of the product
b the technical feasibility of recording in-use data
c the need to avoid a disproportionate administrative burden for economic operators, in particular for SMEs and
d the need to ensure that no data allowing the identification of individuals or allowing the inference of individuals
behaviour are collected. Products covered by a requirement set pursuant to Article 46, point c, shall where appropriate, in line with the
3. criteria in paragraph 2 of this Article, record the in-use data and make such data visible to the end user. 4. When requiring manufacturers, their authorised representatives or importers to collect non-personal in-use data
referred to in paragraph 2 of this Article and report such data to the Commission, pursuant to Article 46, point cii, the
Commission shall take into account the following criteria
a the usefulness of non-personal in-use data for the Commission when reviewing ecodesign requirements or assisting
market surveillance authorities with statistical information for their risk-based analysis and
b the need to avoid a disproportionate administrative burden for economic operators, in particular for SMEs. 5. The requirements referred to in paragraph 4 may in particular consist of
a collecting non-personal in-use data if they can be accessed remotely via the internet, following explicit consent being
given by the end user to make those data available and
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b reporting those data to the Commission at least once a year. EN
Where reporting is required pursuant to point b of the first subparagraph, those data shall include, where available, the
identification number of the model as registered in the product database referred to in Article 121 of Regulation EU
20171369 and, if relevant to their performance, general geographical information on the products. The Commission shall specify, in the relevant delegated act, the details and format for reporting the non-personal
6. in-use data as referred to in paragraph 4. The Commission shall periodically assess the non-personal in-use data received pursuant to paragraph 4 and shall,
7.
where appropriate, publish aggregated datasets. Article 38
Requirements on supply chain actors
When specified in the delegated act adopted pursuant Article 4, supply chain actors shall
a provide, upon request and free of charge, manufacturers, notified bodies and competent national authorities with
available relevant information related to the products they supply or the services they provide
b allow, in the absence of information referred to in point a, manufacturers to assess the products they supply or the
services they provide and give access to relevant documents or facilities to those manufacturers and
c enable notified bodies and competent national authorities to verify the accuracy of relevant information related to their
activities. CHAPTER VIII
CONFORMITY OF PRODUCTS
Article 39
Test, measurement and calculation methods
1. For the purposes of compliance and verification of compliance with ecodesign requirements, tests, measurements and
calculations shall be carried out using harmonised standards or other reliable, accurate and reproducible methods that take
into account the generally recognised state-of-the art methods. Such methods shall fulfil the requirements for test,
measurement and calculation methods set out in the relevant delegated acts adopted pursuant to Article 4.
2. When setting the requirement to use digital tools pursuant to Article 46, point ciii, the Commission shall take into
account the following criteria
a the need to ensure the harmonised application of calculation methods and
b the need to minimise the administrative burden imposed on economic operators. Digital tools shall be freely accessible for economic operators. Prevention of circumvention and worsening of performance
Article 40
Economic operators shall not engage in any behaviour that undermines the compliance of products with this
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Products falling within the scope of a delegated act adopted pursuant to Article 4 shall not be placed on the market or
2. put into service if they are designed to alter their behaviour or properties when they are tested in order to reach a more
favourable result for any of the product parameters regulated in the applicable delegated acts adopted pursuant to Article 4. For the purposes of this paragraph, products designed to be able to detect that they are being tested and which
automatically alter their performance in response and products pre-set to alter their performance at the time of testing shall
be considered to be products designed to alter their behaviour or properties when they are tested. Economic operators that place on the market or put into service a product covered by a delegated act adopted
3. pursuant to Article 4 shall not prescribe instructions specific to testing that alter the behaviour or the properties of the
product in order to reach a more favourable result for any of the product parameters regulated in the applicable delegated
acts adopted pursuant to Article 4. For the purposes of this paragraph, instructions leading to a manual alteration of the product, before a test, that alters the
performance of the product shall be considered to be instructions specific to testing that alter the behaviour or the
properties of the product. 4. Products falling within the scope of a delegated act adopted pursuant to Article 4 shall not be placed on the market or
put into service if they are designed to alter their behaviour or properties within a short period after being put into service,
leading to a worsening of their performance in relation to any of the product parameters regulated in the applicable
delegated acts adopted pursuant to Article 4, or their functional performance from the perspective of the user.
5. Software or firmware updates shall not lead to the worsening of product performance beyond acceptable margins
specified in the applicable delegated acts adopted pursuant to Article 4 in relation to any of the product parameters
regulated in those delegated acts or the functional performance from the perspective of the user when measured with the
test method used for the conformity assessment, except where the customer explicitly consents prior to the update to such
worsening of performance. No change shall occur as a result of rejecting the update.
Software or firmware updates shall in no circumstances lead to the worsening of product performance as referred to in the
first subparagraph of this paragraph to the extent that the product becomes non-compliant with the requirements set out in
delegated acts adopted pursuant to Article 4 applicable at the time of the placing on the market or putting into service of
the product. Article 41
Presumption of conformity
1. Tests, measurement or calculation methods referred to in Article 39 which are in conformity with harmonised
standards or parts thereof the references of which have been published in the Official Journal of the European Union shall be
presumed to be in conformity with the requirements set out in that Article and with test, measurement and calculation
requirements set out in delegated acts adopted pursuant to Article 4 to the extent that those requirements are covered by
such harmonised standards or parts thereof. 2. Digital product passports which are in conformity with harmonised standards or parts thereof the references of which
have been published in the Official Journal of the European Union shall be presumed to be in conformity with the
requirements set out in Articles 10 and 11 to the extent that those requirements are covered by such harmonised standards
or parts thereof. 3. Products which are in conformity with harmonised standards or parts thereof the references of which have been
published in the Official Journal of the European Union shall be presumed to be in conformity with ecodesign requirements set
out in delegated acts adopted pursuant to Article 4 to the extent that those requirements are covered by such harmonised
standards or parts thereof. 4. Products covered by a delegated act adopted pursuant to Article 4 which have been awarded the EU Ecolabel pursuant
to Regulation EC No 662010 shall be presumed to comply with the ecodesign requirements set out in that delegated act
to the extent that those requirements are covered by the EU Ecolabel criteria established pursuant to Article 162 of that
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Article 42
Common specifications
The Commission may adopt implementing acts establishing, for products covered by delegated acts adopted pursuant
1. to Article 4, common specifications covering ecodesign requirements, the essential requirements for digital product
passports referred to in Articles 10 and 11 or the test, measurement or calculation methods referred to in Article 39. Those implementing acts shall only be adopted where the following conditions are fulfilled
a the Commission has requested, pursuant to Article 101 of Regulation EU No 10252012, one or more European
standardisation organisations to draft a harmonised standard for an ecodesign requirement, for an essential requirement
for digital product passports referred to in Articles 10 and 11 of this Regulation or for a test, measurement or
calculation method referred to in Article 39 of this Regulation and
i the request has not been accepted
ii the harmonised standard addressing that request is not delivered within the deadline set in accordance with Article
101 of Regulation EU No 10252012 or
iii the harmonised standard does not comply with the request and
b no reference to harmonised standards for an ecodesign requirement, for an essential requirement for digital product
passports referred to in Articles 10 and 11 of this Regulation or for a test, measurement or calculation method referred
to in Article 39 of this Regulation is published in the Official Journal of the European Union in accordance with Regulation
EU No 10252012 and no such reference is expected to be published within a reasonable period. The implementing acts referred to in the first subparagraph of this paragraph shall be adopted in accordance with the
examination procedure referred to in Article 733.
2. Before preparing the draft of the implementing acts referred to in paragraph 1 of this Article, the Commission shall
inform the committee referred to in Article 22 of Regulation EU No 10252012 that it considers that the conditions in
paragraph 1 of this Article are fulfilled. 3. When preparing the draft of the implementing acts referred to in paragraph 1, the Commission shall take into
account the views of the Ecodesign Forum and of the Member States Expert Group as well as of any other relevant bodies,
and shall duly consult all relevant stakeholders.
4. Test, measurement and calculation methods referred to in Article 39 which are in conformity with common
specifications established by implementing acts referred to in paragraph 1 of this Article or parts thereof shall be presumed
to be in conformity with the requirements set out in that Article and with test, measurement and calculation requirements
set out in delegated acts adopted pursuant to Article 4 to the extent that those requirements are covered by such common
specification or parts thereof. 5. Products within the scope of this Regulation which are in conformity with common specifications established by
implementing acts referred to in paragraph 1 of this Article or parts thereof shall be presumed to be in conformity with
ecodesign requirements, with the essential requirements for digital product passports referred to in Articles 10 and 11 or
with the requirements for test, measurement or calculation methods referred to in Article 39 set out in the applicable
delegated acts adopted pursuant to Article 4 to the extent that those requirements are covered by those common
specifications or parts thereof. 6. Where a harmonised standard is adopted by a European standardisation organisation and proposed to the
Commission for the purpose of publishing its reference in the Official Journal of the European Union, the Commission shall
assess the harmonised standard in accordance with Regulation EU No 10252012. When references of a harmonised standard are published in the Official Journal of the European Union, the Commission shall
repeal the implementing acts referred to in paragraph 1 or the parts thereof which cover the same ecodesign requirements,
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7. Where a Member State or the European Parliament considers that a common specification does not entirely satisfy the
ecodesign requirements, the essential requirements for digital product passports and requirements for the test,
measurement or calculation methods, it shall inform the Commission thereof by submitting a detailed explanation. The
Commission shall assess that detailed explanation and, if appropriate, may amend the implementing act establishing the
common specification in question. Article 43
Conformity assessment
1. When specifying the applicable conformity assessment procedure pursuant to Article 45, the Commission shall
consider the following criteria
a whether the module concerned is appropriate to the type of product and to the relevant ecodesign requirements, and
proportionate to the public interest pursued
b the nature of the risks entailed by the product and the extent to which conformity assessment corresponds to the nature
and degree of those risks and
c where third party involvement is mandatory, the need for the manufacturer to have a choice between quality assurance
and product certification modules set out in Annex II to Decision No 7682008EC.
2. Records and correspondence relating to the conformity assessment shall be drawn up in an official language of the
Member State where the notified body involved in a conformity assessment procedure referred to in paragraph 1 is
established, or in a language accepted by that body. Article 44
EU declaration of conformity
1. The EU declaration of conformity shall state that the fulfilment of the ecodesign requirements specified in the
applicable delegated acts adopted pursuant to Article 4 has been demonstrated or that a presumption of conformity applies
in accordance with Article 41. 2.
The EU declaration of conformity shall have the model structure set out in Annex V, and shall contain the elements
specified in the applicable conformity assessment procedure and a reference to the applicable delegated acts adopted
pursuant to Article 4. It shall be continuously updated and shall be translated into the language or languages required by the
Member State on whose market the product is placed or made available. 3. Where a product covered by a delegated act adopted pursuant to Article 4 is subject to more than one Union legal act
requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such
Union legal acts. That declaration shall state the Union legal acts concerned and their publication references. It may be
a dossier made up of relevant individual EU declarations of conformity. By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of
4. the product. Article 45
General principles of the CE marking
The CE marking shall be subject to the general principles set out in Article 30 of Regulation EC No 7652008. Article 46
Rules and conditions for affixing the CE marking
The CE marking shall be affixed visibly, legibly and indelibly to the product. Where that is not possible or not
1. warranted on account of the nature of the product, it shall be affixed to the packaging and to the accompanying documents.
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2. The CE marking shall be affixed before the product is placed on the market or put into service. For a product in the production control phase in which a notified body participates, the CE marking shall be followed
3. by the identification number of that notified body. The identification number of the notified body shall be affixed by the body itself or, under its instructions, by the
manufacturer or its authorised representative. The CE marking and, where applicable, the identification number of the notified body may be followed by
4. a pictogram or other marking indicating a special risk or use. 5. Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE
marking and take appropriate action in the event of improper use of the CE marking.
Article 47
Specific rules on markings
As regards products not subject to requirements for a CE marking under Union law, when specifying rules on markings
indicating conformity with the applicable ecodesign requirements pursuant to Article 46, point d, the Commission shall
take into account the following criteria
a the need to minimise the administrative burden for economic operators
b the need to ensure there is coherence in relation to other markings applicable to a specific product and
c the need to prevent confusion about the meaning of markings under other Union law. CHAPTER IX
NOTIFICATION OF CONFORMITY ASSESSMENT BODIES
Article 48
Notification
Where third-party conformity assessment tasks are provided for under the delegated acts adopted pursuant to Article 4,
Member States shall notify the Commission and the other Member States of the bodies authorised to carry out those tasks. Article 49
Notifying authorities
1. Member States shall designate a notifying authority that shall be responsible for setting up and carrying out the
necessary procedures for the assessment and notification of conformity assessment bodies and the monitoring of notified
bodies, including compliance with Article 54. 2. Member States may decide that the assessment and monitoring referred to in paragraph 1 is to be carried out by
a national accreditation body within the meaning of and in accordance with Regulation EC No 7652008. 3. Where the notifying authority delegates or otherwise entrusts the assessment, notification or monitoring referred to
in paragraph 1 of this Article to a body which is not a governmental entity, that body shall be a legal entity and shall
comply mutatis mutandis with the requirements laid down in Article 50. In addition, it shall have arrangements to cover
liabilities arising out of its activities. 4. The notifying authority shall take full responsibility for the tasks performed by the body referred to in paragraph 3. ELI httpdata.europa.euelireg20241781oj
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Article 50
Requirements relating to notifying authorities
A notifying authority shall be established in such a way that no conflict of interest with conformity assessment bodies
1. occurs. A notifying authority shall be organised and operated so as to safeguard the objectivity and impartiality of its
2.
activities. A notifying authority shall be organised in such a way that each decision relating to notification of a conformity
3. assessment body is taken by competent persons different from those who carried out the assessment. A notifying authority shall not offer or provide any activities that conformity assessment bodies perform, or
4. consultancy services on a commercial or competitive basis. 5. A notifying authority shall safeguard the confidentiality of the information it obtains. However, it shall, upon request,
exchange information on notified bodies with the Commission, with notifying authorities of other Member States and with
other relevant national authorities. 6. A notifying authority shall assess only the specific conformity assessment body applying for notification and not take
account of the capacities or personnel of parent or sister companies. The notifying authority shall assess that body in
relation to all relevant requirements and conformity assessment tasks. A notifying authority shall have a sufficient number of competent personnel and sufficient funding at its disposal for
7. the proper performance of its tasks. Article 51
Information obligation on notifying authorities
Member States shall inform the Commission of their procedures for the assessment and notification of conformity
assessment bodies and the monitoring of notified bodies, and of any changes thereto. The Commission shall make that information publicly available. Article 52
Requirements relating to notified bodies
For the purposes of notification, a conformity assessment body shall meet the requirements laid down in
1. paragraphs 2 to 12. A conformity assessment body shall be established under the national law of a Member State and have legal
2. personality.
3. A conformity assessment body shall be a third-party body independent of the organisation or the product it assesses. It shall not have any business ties with organisations that have an interest in the products it assesses, in particular
manufacturers, their trade partners and their shareholding investors. This shall not preclude the conformity assessment
body from carrying out conformity assessment activities for competing manufacturers. 4. A conformity assessment body, its top-level management and the personnel responsible for carrying out the
conformity assessment tasks shall not be the designer, manufacturer, supplier, importer, distributor, installer, purchaser,
owner, user or maintainer of the products which they assess, or the representative of any of those parties. This shall not
preclude the use of assessed products that are necessary for the operations of the conformity assessment body or the use of
such products for personal purposes. A conformity assessment body, its top-level management and the personnel responsible for carrying out the conformity
assessment tasks shall not be directly involved in the design, manufacture or construction, or the marketing, installation,
use or maintenance of those products, or represent the parties engaged in those activities. They shall not engage in any
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activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities
for which they are notified. This shall apply in particular to consultancy services. Conformity assessment bodies shall ensure that the activities of their parent or sister companies, subsidiaries or
subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities. A conformity assessment body shall not delegate to a subcontractor or a subsidiary the establishment and the supervision
of internal procedures, general policies, codes of conduct or other internal rules, the assignment of its personnel to specific
tasks or the conformity assessment decisions. 5. Conformity assessment bodies and their personnel shall carry out the conformity assessment activities with the
highest degree of professional integrity and the requisite technical competence in the specific field. They shall be free from
all pressures and inducements, particularly financial, which might influence their judgement or the results of their
conformity assessment activities, especially as regards persons or groups of persons with an interest in the results of those
activities. A conformity assessment body shall be capable of carrying out all the conformity assessment tasks assigned to it
6. under the relevant delegated act adopted pursuant to Article 4 and in relation to which it has been notified, irrespective of
whether those tasks are carried out by the conformity assessment body itself or on its behalf and under its responsibility. At all times and for each conformity assessment procedure, and for each kind or category of products in relation to which it
has been notified, a conformity assessment body shall have at its disposal
a the necessary personnel with technical knowledge, and sufficient and appropriate experience to perform the conformity
assessment tasks
b the necessary descriptions of the procedures in accordance with which conformity assessment is carried out, ensuring
the transparency and the ability of reproduction of those procedures including a description of how relevant personnel,
their status and tasks correspond to the conformity assessment tasks in relation to which the body intends to be
notified
c appropriate policies and procedures to distinguish between the tasks it carries out as a notified body and its other
activities
d procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it
operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of
the production process. It shall have the means necessary to perform the technical and administrative tasks connected with the conformity
assessment activities in an appropriate manner and shall have access to all necessary equipment or facilities. 7. The personnel responsible for carrying out conformity assessment activities shall have the following
a sound technical and vocational training covering all the conformity assessment activities in relation to which the
conformity assessment body has been notified
b satisfactory knowledge of the requirements of the assessments they carry out and adequate authority to carry out those
assessments, including appropriate knowledge and understanding of the relevant legislation, test, measurement and
calculation requirements, of the applicable harmonised standards or common specifications, and of the relevant
provisions of this Regulation and of the delegated acts adopted pursuant to Article 4
c the ability to draw up certificates, records and reports demonstrating that assessments have been carried out. 8. Personnel responsible for taking assessment decisions shall
a be employed by the conformity assessment body under the national law of the notifying Member State
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c be competent to verify the assessments made by other staff, external experts or subcontractors
d be sufficient in number to ensure business continuity and a consistent approach to conformity assessments. The impartiality of the conformity assessment bodies and their top-level management and of the assessment
9. personnel shall be guaranteed. The remuneration of the top-level management and assessment personnel of a conformity assessment body shall not
depend on the number of assessments carried out or their results. Conformity assessment bodies shall take out liability insurance, unless liability is assumed by the State in accordance
10. with national law, or the Member State itself is directly responsible for the conformity assessment. 11. The personnel of a conformity assessment body shall observe professional secrecy regarding all information
obtained in carrying out the conformity assessment tasks under the relevant delegated acts adopted pursuant to Article 4,
except in relation to the notifying authorities and other national authorities of the Member State in which its activities are
carried out. Proprietary rights shall be protected.
Conformity assessment bodies shall participate in, or ensure that their assessment personnel are informed about, the
12. relevant standardisation activities and take into account the relevant guidance and recommendations issued by the
competent technical committees of the European standardisation bodies. Presumption of conformity of conformity assessment bodies
Article 53
Where a conformity assessment body demonstrates its conformity with the criteria laid down in the relevant harmonised
standards or parts thereof the references of which have been published in the Official Journal of the European Union, it shall be
presumed to comply with the requirements set out in Article 52 insofar as the applicable harmonised standards cover those
requirements. Article 54
Subsidiaries of and subcontracting by notified bodies
1. Where a notified body subcontracts specific tasks connected with conformity assessment or has recourse to
a subsidiary, it shall ensure that the subcontractor or the subsidiary meets the requirements set out in Article 52 and shall
inform the notifying authority accordingly. Notified bodies shall take full responsibility for the tasks performed by subcontractors or subsidiaries wherever these
2. are established.
the notification or the maintenance of the competence of the body concerned. The Commission shall ensure that all sensitive information obtained in the course of its investigations is treated
3. confidentially. 4. Where the Commission ascertains that a notified body does not meet or no longer meets the requirements for its
notification, it shall inform the notifying Member State accordingly and request it to take the necessary corrective measures,
including withdrawal of the notification if necessary. The Commission shall update the list of notified bodies referred to in Article 572 within two weeks of the notification of
the corrective measures taken by the notifying Member States in accordance with the first subparagraph of this paragraph. Article 60
Operational obligations of notified bodies
Notified bodies shall carry out conformity assessments in accordance with the conformity assessment procedures
1. provided for in the delegated acts adopted pursuant to Article 4. 2. Conformity assessments shall be carried out in a proportionate manner, avoiding unnecessary burdens for economic
operators. Notified bodies shall perform their activities taking due account of the size of an undertaking, the sector in which
it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the
production process. In so doing they shall nevertheless respect the degree of rigour and the level of protection required for the compliance of
the product with the relevant requirements. 3. Where a notified body finds that a manufacturer does not meet the relevant requirements or corresponding
harmonised standards, common specifications or other technical specifications, it shall require that manufacturer to take
appropriate corrective measures in view of a final conformity assessment, unless the deficiencies cannot be remedied, in
which case it shall not issue a certificate or approval decision. 4. Where, in the course of the monitoring of conformity following the issue of a certificate in accordance with the
conformity assessment procedures provided for in a delegated act adopted pursuant to Article 4 or approval decision,
a notified body finds that a product or the manufacturer does not comply or no longer complies, it shall require the
manufacturer to take appropriate corrective measures and shall suspend or withdraw the certificate or approval decision if
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5.
Where corrective measures are not taken or do not have the required effect, the notified body shall restrict, suspend or
withdraw any certificates or approval decisions, as appropriate. Article 61
Information obligation on notified bodies
1. Notified bodies shall inform the notifying authority of the following
a any refusal, restriction, suspension or withdrawal of a certificate
b any circumstances affecting the scope of and conditions for notification
c any request for information which they have received from market surveillance authorities regarding conformity
assessment activities
d on request, conformity assessment activities performed within the scope of their notification and any other activity
performed, including cross-border activities and subcontracting. 2. Notified bodies shall provide the other bodies notified under this Regulation which carry out similar conformity
assessment activities that cover the same product group with relevant information on issues relating to negative and, on
request, positive conformity assessment results. 3. Where the Commission or a Member States market surveillance authority submits a request to a notified body
established on the territory of another Member State relating to a conformity assessment carried out by that notified body,
it shall send a copy of that request to the notifying authority of that other Member State. The notified body concerned shall
respond without delay and within 15 days at the latest to the request. The notifying authority shall ensure that such requests
are resolved by the notified body.
4. Where notified bodies have or receive evidence as to the following, they shall alert, and share that evidence with, the
relevant market surveillance authority or notifying authority, as appropriate
a that another notified body does not comply with the requirements laid down in Article 52 or its obligations
b that a product placed on the market does not comply with ecodesign requirements set out in the applicable delegated
acts adopted pursuant to Article 4 or
c that a product placed on the market, due to its physical condition, is likely to cause a serious risk. Article 62
Exchange of experience
The Commission shall provide for the organisation of exchange of experience between the Member States authorities
responsible for notification policy. Article 63
Coordination of notified bodies
1. The Commission shall ensure that appropriate coordination and cooperation between bodies notified under this
Regulation are put in place and properly operated in the form of a group or groups of notified bodies, where appropriate
including groups of bodies notified under the same delegated act adopted pursuant to Article 4 or in relation to similar
conformity assessment tasks. Notified bodies shall participate in the work of any relevant group, directly or by means of designated representatives. Notified bodies shall apply as general guidance any relevant documents produced as a result of the work of the groups
2. referred to in paragraph 1.
In doing so, those
groups shall take into account the relevant guidance and recommendations issued by the competent technical committees
of the European standardisation bodies. CHAPTER X
INCENTIVES
Article 64
Member State incentives
1. Where Member States provide incentives for products covered by a delegated act adopted pursuant to Article 4, those
incentives shall be aimed at the highest two classes of performance that are populated at Union level or, where relevant, at
products with an EU Ecolabel. 2. By way of derogation from paragraph 1 of this Article, where Member States provide incentives for energy-related
products or tyres covered by a delegated act adopted pursuant to Article 4 which are also subject to energy or fuel efficiency
labelling requirements, Article 72 of Regulation EU 20171369 and Article 11 of RegulationEU 2020740 shall apply
respectively. Article 65
Green public procurement
1. Contracting authorities and contracting entities shall, in compliance with Directive 201424EU or 201425EU,
award public contracts complying with the minimum requirements set out pursuant to paragraph 2 of this Article for the
purchase of products covered by delegated acts adopted pursuant to Article 4, or for works or services where those
products are used for activities constituting the subject matter of those contracts minimum requirements. 2. The minimum requirements shall be set where appropriate, in order to incentivise the supply of and demand for
environmentally sustainable products covered by delegated acts adopted pursuant to Article 4, taking into account the value
and volume of public contracts awarded for the relevant product groups and the economic feasibility for contracting
authorities and contracting entities to buy more environmentally sustainable products without entailing disproportionate
costs. The Commission is empowered to set, by means of implementing acts, the minimum requirements in the form of
3. technical specifications, award criteria, contract performance conditions or targets. The minimum requirements shall be set in relation to the product aspects addressed in the delegated act adopted pursuant
to Article 4 applicable to the product groups in question, as relevant for those product groups. The minimum requirements shall be based on the two highest performance classes, the highest scores or, when not
available, on the best possible performance levels as set out in the delegated act adopted pursuant to Article 4 applicable to
the product groups in question. Award criteria shall, where appropriate, have a minimum weighting of between 15 and 30 in the awarding process
which enables them to have a significant impact on the outcome of the tendering procedure and which favours the
selection of the most environmentally sustainable products. Targets shall require, on an annual or multiannual basis, a minimum percentage of 50 of procurement conducted at the
level of contracting authorities or contracting entities, or at an aggregated national level, of the most environmentally
sustainable products as referred to in the fourth subparagraph.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 733. 7089
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CHAPTER XI
MARKET SURVEILLANCE
Article 66
Planned market surveillance activities
Each Member State shall, in the national market surveillance strategy referred to in Article 13 of Regulation EU
1. 20191020, provide a section on the market surveillance activities planned to ensure that appropriate checks, including,
where appropriate, physical and laboratory checks, are performed on an adequate scale in relation to this Regulation and
the delegated acts adopted pursuant to Article 4 of this Regulation. The section referred to in the first subparagraph shall at least include
a the products or requirements identified as priorities for market surveillance, taking into account the common priorities
identified by the administrative cooperation group ADCO, set up pursuant to Article 302 of Regulation EU
20191020, in accordance with Article 681, point a, and the reports pursuant to Article 672
b the market surveillance activities planned in order to reduce or bring non-compliance to an end for those products or
requirements identified as priorities, including the nature of the checks to be performed during the period covered by
the national market surveillance strategy. The priorities for market surveillance referred to in paragraph 1, second subparagraph, point a, shall be identified on
2. the basis of objective criteria, including
a the levels of non-compliance observed in the market falling within the competence of the market surveillance authority
b the environmental impacts of non-compliance
c where available, the number of complaints received from end users or consumer organisations, or other information
received from economic operators or the media
d the number of relevant products made available on the market falling within the competence of the market surveillance
authority and
e the number of relevant economic operators active on the market falling within the competence of the market
surveillance authority. For product categories identified as representing a high risk of non-compliance, the checks referred to in paragraph 1
3. shall include, where appropriate, physical and laboratory checks based on adequate samples. Market surveillance authorities shall have the right to recover from the economic operator responsible the costs of
document inspection and physical product testing in the event of non-compliance with delegated acts adopted pursuant to
Article 4. Article 67
Reporting and benchmarking
1. Market surveillance authorities shall enter into the information and communication system referred to in Article 34
of Regulation EU 20191020 information on the nature and severity of any penalty imposed in relation to
non-compliance with this Regulation. 2. The Commission shall, every four years, draw up a report by 30 June based on the information entered by market
surveillance authorities into the information and communication system referred to in Article 34 of Regulation EU
20191020. That report shall include
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a
information on the nature and number of checks performed by market surveillance authorities during the four
preceding calendar years pursuant to Article 344 and 5 of Regulation EU 20191020
b information on the levels of non-compliance identified and on the nature and severity of penalties imposed for the four
preceding calendar years in relation to products covered by delegated acts adopted pursuant to Article 4 of this
Regulation
c a comparison of the information referred to in points a and b of this paragraph with the activities planned in the
context of the section on the market surveillance activities drawn up pursuant to Article 661
d indicative benchmarks for market surveillance authorities in relation to the frequency of checks and the nature and
severity of penalties imposed
e a list of priorities for market surveillance authorities in terms of products and requirements. 3. The Commission shall publish the report referred to in paragraph 2 of this Article in the information and
communication system referred to in Article 34 of Regulation EU 20191020 and shall make it public.
The first of those
reports shall be published by 19 July 2028. Article 68
Market surveillance coordination and support
For the purposes of this Regulation, ADCO shall meet at regular intervals and, where necessary, at the reasoned
1. request of the Commission or of two or more participating market surveillance authorities. In the context of performing its tasks set out in Article 32 of Regulation EU 20191020, ADCO shall support the
implementation of the section on market surveillance activities drawn up pursuant to Article 661 and shall identify
a common priorities for market surveillance as referred to in Article 661, point a, based on objective criteria as
referred to in Article 662
b priorities for Union support pursuant to paragraph 2
c requirements set out in delegated acts adopted pursuant to Article 4 that are applied or interpreted differently and that
should be priorities for the organisation of common training programmes or adoption of guidelines pursuant to
paragraph 2 of this Article. 2. Based on priorities identified by ADCO, the Commission shall
a organise joint market surveillance and testing projects in areas of common interest
b organise joint investment in market surveillance capacities, including equipment and IT tools
c organise common training programmes for the staff of market surveillance authorities, customs authorities, notifying
authorities and notified bodies, including programmes on the correct interpretation and application of requirements set
out in delegated acts adopted pursuant to Article 4 and on methods and techniques relevant for applying or verifying
compliance with such requirements
d draw up guidelines for the application and enforcement of requirements set out in delegated acts adopted pursuant to
Article 4, including common practices and methodologies for effective market surveillance
e where appropriate, consult with stakeholders and experts. The Union shall, where appropriate, finance the actions referred to in the first subparagraph, points a, b and c. 7289
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The Commission shall provide technical and logistic support to ensure that ADCO fulfils its tasks set out in this
3.
Article and Article 32 of Regulation EU 20191020 where such tasks relate to this Regulation. CHAPTER XII
SAFEGUARD PROCEDURES
Article 69
Procedure for dealing with products presenting a risk at national level
1. Where the market surveillance authorities have sufficient reason to believe that a product covered by a delegated act
adopted pursuant to Article 4 presents a risk, they shall carry out an evaluation covering all requirements relevant to the
risk and laid down in this Regulation or in that delegated act. Where, in the course of that evaluation, the market surveillance authorities find that the product does not comply with the
requirements laid down in this Regulation or in the applicable delegated act adopted pursuant to Article 4, they shall
without delay require the relevant economic operator to take appropriate and proportionate corrective action, within
a reasonable period prescribed by the market surveillance authorities and commensurate with the nature and, where
relevant, the degree of the non-compliance, to bring the non-compliance to an end. That corrective action may include,
inter alia, the actions listed in Article 163 of Regulation EU 20191020. The market surveillance authorities shall inform the relevant notified body accordingly. 2. Where the market surveillance authorities consider that non-compliance is not restricted to their national territory,
they shall inform the Commission and the other Member States of the results of the evaluation and of the corrective action
which they have required the economic operator to take. The relevant economic operator shall ensure that all appropriate corrective action is taken in respect of all the
3. products concerned that it has made available on the market throughout the Union. 4. Where the relevant economic operator does not take corrective action within the period referred to in paragraph 1,
second subparagraph, or the non-compliance persists, the market surveillance authorities shall take all appropriate
provisional measures to prohibit or restrict the making available of the product concerned on their national market, to
withdraw it from that market or to recall it. They shall inform the Commission and the other Member States, without delay, of those measures. 5. The information to be provided to the Commission and the other Member States in accordance with paragraph 4 of
this Article shall be communicated through the information and communication system referred to in Article 34 of
Regulation EU 20191020 and shall include all available details, in particular the data necessary for the identification of
the non-compliant product, the origin of the product, the nature of the non-compliance alleged and the non-compliance
involved, the nature and duration of the national measures taken and the arguments put forward by the relevant economic
operator. The market surveillance authorities shall also indicate whether the non-compliance is due to either
a the failure of the product to meet requirements set out in the relevant delegated act adopted pursuant to Article 4 of this
Regulation or
b shortcomings in the harmonised standards or common specifications referred to in Articles 41 and 42 of this
Regulation conferring a presumption of conformity. 6. Member States other than the Member State initiating the procedure shall without delay inform the Commission and
the other Member States of any measures adopted and of any additional information at their disposal relating to the
non-compliance of the product concerned, and, in the event of disagreement with the notified national measure, of their
objections. 7. Where, within three months of receipt of the information referred to in paragraph 4, no objection has been raised by
either a Member State or the Commission in respect of a provisional measure taken by a Member State, that measure shall
be deemed justified. That provisional measure may specify a period other than three months in order to take account of the
specificities of the products or requirements concerned.
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8. Member States shall ensure that appropriate restrictive measures are taken in respect of the product concerned, such
as withdrawal of the product from their market, without delay. Article 70
Union safeguard procedure
1. Where, on completion of the procedure set out in Article 693 and 4, objections are raised against a measure taken
by a Member State, or where the Commission considers a national measure to be contrary to Union law, the Commission
shall without delay enter into consultation with the Member States and the relevant economic operator or operators and
shall evaluate the national measure. On the basis of the results of that evaluation, the Commission shall decide by means of
an implementing act whether the national measure is justified or not. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 733. The Commission shall address its decision to all Member States and shall immediately communicate it to them and the
relevant economic operator or operators.
If the national measure is considered justified, all Member States shall take the measures necessary to ensure that the
2. non-compliant product is withdrawn from their market, and shall inform the Commission accordingly. If the national measure is considered unjustified, the Member State concerned shall withdraw the measure. 3. Where the national measure is considered justified and the non-compliance of the product is attributed to
shortcomings in the harmonised standards referred to in Article 41 of this Regulation, the Commission shall apply the
procedure provided for in Article 11 of Regulation EU No 10252012. 4. Where the national measure is considered justified and the non-compliance of the product is attributed to
shortcomings in the common specifications referred to in Article 42, the Commission shall, without delay, adopt
implementing acts amending or repealing the common specifications concerned.
Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 733. Article 71
Formal non-compliance
1. Where a Member State makes one of the following findings, it shall require the relevant economic operator to bring
the non-compliance concerned to an end
a the CE marking has been affixed in violation of Article 30 of Regulation EC No 7652008 or of Article 46 of this
Regulation
b the CE marking has not been affixed
c the identification number of the notified body has been affixed in violation of Article 46 or has not been affixed where
required
d the EU declaration of conformity has not been drawn up
e the EU declaration of conformity has not been drawn up correctly
f
the technical documentation is not available, not complete or contains errors
g the information referred to in Article 276 or Article 293 is absent, false or incomplete
h any other administrative requirement provided for in Article 27 or Article 29 or in the applicable delegated act adopted
pursuant to Article 4 is not fulfilled. 7489
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2.
Where the non-compliance referred to in paragraph 1 persists, the Member State concerned shall take all appropriate
measures to restrict or prohibit the product being made available on the market or ensure that it is recalled or withdrawn
from the market. CHAPTER XIII
DELEGATED POWERS AND COMMITTEE PROCEDURE
Article 72
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 4, Article 101, second subparagraph, Article 11, third
paragraph, Article 124 and Article 253 and 5 shall be conferred on the Commission for a period of five years from
18 July 2024. The Commission shall draw up a report in respect of the delegation of power not later than nine months
before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration,
unless the European Parliament or the Council opposes such extension not later than three months before the end of each
period. 3. The delegation of power referred to in Article 4, Article 101, second subparagraph, Article 11, third paragraph,
Article 124, and Article 253 and 5 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect on the day
following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It
shall not affect the validity of any delegated acts already in force. Before adopting a delegated act, the Commission shall consult experts designated by each Member State acting in
4. accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to
5. the Council. 6. A delegated act adopted pursuant to Article 4, Article 101, second subparagraph, Article 11, third paragraph,
Article 124, or Article 253 or 5 shall enter into force only if no objection has been expressed either by the European
Parliament or the Council within a period of two months of notification of that act to the European Parliament and the
Council or if, before the expiry of that period, the European Parliament and the Council have both informed the
Commission that they will not object.
That period shall be extended by two months at the initiative of the European
Parliament or of the Council. Article 73
Committee procedure
The Commission shall be assisted by a Committee. That committee shall be a committee within the meaning of
1. Regulation EU No 1822011. 2. Where reference is made to this paragraph, Article 4 of Regulation EU No 1822011 shall apply. 3. Where reference is made to this paragraph, Article 5 of Regulation EU No 1822011 shall apply. ELI httpdata.europa.euelireg20241781oj
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CHAPTER XIV
FINAL PROVISIONS
Article 74
Penalties
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all
measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and
dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify
it of any subsequent amendment affecting them. 2. Member States shall ensure that the penalties established pursuant to this Article give due regard to the following, as
applicable
a the nature, gravity and duration of the infringement
b where appropriate, the intentional or negligent character of the infringement
c the financial situation of the natural or legal person held responsible
d the economic benefits derived from the infringement by the natural or legal person held responsible, insofar as they can
be determined
e the environmental damage caused by the infringement
f any action taken by the natural or legal person held responsible to mitigate or remedy the damage caused
g the repetitive or singular character of the infringement
h any other aggravating or mitigating factor applicable to the circumstances of the case. 3.
Member States shall at least be able to impose the following penalties in the event of infringements of this Regulation
a fines
b time-limited exclusion from public procurement procedures. Article 75
Monitoring and evaluation
Among the relevant preparatory documents for the update of the working plan in accordance with Article 183, the
1. Commission shall compile a report on the ecodesign requirements with a view to monitoring the improvements of the
environmental sustainability and circularity of the products covered by this Regulation. By 19 July 2030, and every six years thereafter, the Commission shall carry out an evaluation of this Regulation and
2. of its contribution to the functioning of the internal market, including as regards the reuse and refurbishing sector, the
vehicles referred to in Article 12, point h, and the obligations laid down in Chapter VI, in particular the exemptions for
small and microenterprises, and to the improvement of the environmental sustainability of products. As part of that
evaluation, the Commission shall assess the feasibility of including automatic adaptation of ecodesign requirements on the
basis of improvement of product performance in the products that are being placed on the market. The Commission shall
present a report on the main findings of its evaluation to the European Parliament, the Council, the European Economic
and Social Committee, and the Committee of the Regions, and make it publicly available. 3. Member States shall provide the Commission with the information necessary for the preparation of the reports
referred to in paragraphs 1 and 2. 7689
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By 19 July 2028, the Commission shall evaluate the potential benefits of the inclusion of social sustainability
4. requirements within the scope of this Regulation. The Commission shall present a report on the main findings of its
evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of
the Regions, and make it publicly available. 5.
Where appropriate, the Commission shall accompany the reports referred to in paragraphs 2 and 4 with a legislative
proposal for amendment of this Regulation. Article 76
Consumer redress
In the event of non-compliance of a product with ecodesign requirements set in the delegated acts adopted pursuant to
Article 4, the following economic operators shall be liable for damage suffered by the consumer
a the manufacturer or,
b in the event that the manufacturer is not established in the Union, and without prejudice to its own liability, the
importer or the authorised representative of the manufacturer or,
c
in the event that the importer is not established in the Union or there is no authorised representative of the
manufacturer, the fulfilment service provider.
The liability of those economic operators for damage shall be without prejudice to the application of other remedies
available to consumers under Union or national law. Article 77
Amendment of Directive EU 20201828
Point 27 of Annex I to Directive EU 20201828 is replaced by the following
27 Regulation EU 20241726 of the European Parliament and of the Council of 13 June 2024 establishing a framework
for the setting of ecodesign requirements for sustainable products, amending Directive EU 20201828 and
Regulation EU 20231542 and repealing Directive 2009125EC OJ L, 20241726, 28.6.2024, ELI httpdata. europa.euelireg20241726oj. Article 78
Amendment of Regulation EU 20231542
In Article 77 of Regulation EU 20231542, the following paragraph is added
The economic operator placing the battery on the market or putting it into service shall upload the unique identifier
10.
in the registry referred to in Article 131 of Regulation EU 20241726 of the European Parliament and of the Council . Regulation EU 20241726 of the European Parliament and of the Council of 13 June 2024 on establishing
a framework for the setting of ecodesign requirements for sustainable products, amending Directive EU 20201828
and Regulation EU 20231542 and repealing Directive 2009125EC OJ L, 20241726, 28.6.2024, ELI httpdata. europa.euelireg20241726oj.. Article 79
Repeal and transitional provisions
1. Directive 2009125EC is repealed with effect from 18 July 2024, with the exception of
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a Articles 1 and 2, Article 82, Articles 11, 14, 15, 18 and 19 of, and Annexes I, II, IV, V and VII to, Directive
2009125EC in the version applicable on 17 July 2024, which, instead of Articles 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
19 and 20 of, and Annexes I, II, III and IV to, this Regulation, shall continue to apply
i until 31 December 2026, as regards photovoltaic panels, space and combination heaters, water heaters, solid fuel
local space heaters, air conditioners including air-to-air heat pumps and comfort fans, solid fuel boilers, air heating
and cooling products, ventilation units, vacuum cleaners, cooking appliances, water pumps, industrial fans,
circulators, external power supplies, computers, servers and data storage products, power transformers, professional
refrigeration equipment and imaging equipment
ii until 31 December 2030, as regards products regulated by implementing measures that are adopted pursuant to
Article 15 of Directive 2009125EC, however only insofar as amendments are necessary to address technical issues
with regard to those implementing measures
b Article 13, Article 2, Article 31, Articles 4, 5 and 8, Article 93, Articles 10, 14 and 20 of, and Annexes IV, V and VI
to, Directive 2009125EC in the version applicable on 17 July 2024, which, instead of Articles 1, 2, 27 and 29, Article
414, Article 432, Articles 44, 45 and 46 and Article 74 of, and Annexes IV and V to, this Regulation, shall continue
to apply as regards products regulated by implementing measures that are adopted pursuant to Article 15 of that
Directive until such measures are repealed or declared obsolete. Point b of this paragraph shall apply once the Commission has adopted implementing measures pursuant to Article 15 of
Directive 2009125EC for the products referred to in points ai and ii. Articles 3 and 40 and Articles 66 to 71 of this Regulation shall apply to products regulated by implementing
2. measures that are adopted pursuant to Article 15 of Directive 2009125EC. References to the repealed Directive shall be construed as references to this Regulation and shall be read in accordance
3. with the correlation table in Annex VIII. 4. For products placed on the market or put into service in accordance with Directive 2009125EC before the date of
application of a delegated act adopted pursuant to Article 4 of this Regulation covering the same products, the
manufacturer shall, for a period of 10 years from the date when the last of those products was manufactured, make an
electronic version of the documentation relating to the conformity assessment and the declaration of conformity available
for inspection within 10 days of a request received from market surveillance authorities or the Commission. Article 80
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the
European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 13 June 2024. For the European Parliament
The President
R. METSOLA
For the Council
The President
H. LAHBIB
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ANNEX I
Product parameters
The following parameters shall, as appropriate, and where necessary supplemented by others, be used, individually or in
combination, as a basis for improving the product aspects
a durability and reliability of the product or its components as expressed through the products guaranteed lifetime,
technical lifetime, mean time between failures, indication of real use information on the product, resistance to stresses
or ageing mechanisms
b ease of repair and maintenance, as expressed through characteristics, availability, delivery time and affordability of
spare parts, modularity, compatibility with commonly available tools and spare parts, availability of repair and
maintenance instructions, number of materials and components used, use of standard components, use of component
and material coding standards for the identification of components and materials, number and complexity of processes
and whether specialised tools are needed, ease of non-destructive disassembly and re-assembly, conditions for access to
product data, conditions for access to or use of hardware and software needed
c
ease of upgrading, reuse, remanufacturing and refurbishment as expressed through number of materials and
components used, use of standard components, use of component and material coding standards for the identification
of components and materials, number and complexity of processes and tools needed, ease of non-destructive
disassembly and re-assembly, conditions for access to product data, conditions for access to or use of hardware and
software needed, conditions of access to test protocols or not commonly available testing equipment, availability of
guarantees specific to remanufactured or refurbished products, conditions for access to or use of technologies
protected by intellectual property rights, modularity
d design for recycling, ease and quality of recycling as expressed through use of easily recyclable materials, safe, easy and
non-destructive access to recyclable components and materials or components and materials containing hazardous
substances and material composition and homogeneity, possibility for high-purity sorting, number of materials and
components used, use of standard components, use of component and material coding standards for the identification
of components and materials, number and complexity of processes and tools needed, ease of non-destructive
disassembly and re-assembly, conditions for access to product data, conditions for access to or use of hardware and
software needed
e avoidance of technical solutions detrimental to reuse, upgrading, repair, maintenance, refurbishment, remanufacturing
and recycling of products and components
f use of substances, and in particular the use of substances of concern, on their own, as constituents of substances or in
mixtures, during the production process of products, or leading to their presence in products, including once those
products become waste, and their impacts on human health and the environment
g use or consumption of energy, water and other resources in one or more life cycle stages of the product, including the
effect of physical factors or software and firmware updates on product efficiency and including the impact on
deforestation
h use or content of recycled materials and recovery of materials, including critical raw materials
i use or content of sustainable renewable materials
j weight and volume of the product and its packaging, and the product-to-packaging ratio
k
incorporation of used components
l
quantity, characteristics and availability of consumables needed for proper use and maintenance as expressed, inter alia,
lifetime, ability to reuse, repair, and remanufacture, mass-resource efficiency, and
through yield, technical
interoperability
m the environmental footprint of the product, expressed as a quantification, in accordance with the applicable delegated
act, of a products life cycle environmental impacts, whether in relation to one or more environmental impact
categories or an aggregated set of impact categories
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n
the carbon footprint of the product
o
the material footprint of the product
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p microplastic and nanoplastic release as expressed through the release during relevant product life cycle stages,
including manufacturing, transport, use and end-of-life stages
q emissions to air, water or soil released in one or more lifecycle stages of the product as expressed through quantities
and nature of emissions, including noise
r
s
t
amounts of waste generated, including plastic waste and packaging waste and their ease of reuse, and amounts of
hazardous waste generated
functional performance and conditions for use, including as expressed through the ability to perform its intended use,
precautions for use, skills required and compatibility with other products or systems
lightweight design as expressed through reduction of material consumption, load- and stress-optimisation of
structures, integration of functions within the material or into a single product component, use of lower density or
high-strength materials and hybrid materials, with regard to material savings, recycling and other circularity aspects,
and waste reduction. 8089
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ANNEX II
Procedure for defining performance requirements
Product specific or horizontal performance requirements shall be set as follows
a technical, environmental and economic analysis shall select a number of representative models of the product or products
in question on the market and identify the technical options for improving the product performance in relation to the
product parameters referred to in Annex I, taking into account the economic viability of the options and avoiding any
significant increase of other life cycle environmental impacts, and significant loss of performance or of usefulness for
consumers. The analysis referred to in the first paragraph shall also identify, for the parameter under consideration, the best-performing
products and technologies available on the market, as well as emerging technology improvements. The performance of products available on international markets and benchmarks set in other countries law shall be taken
into consideration during the analysis referred to in the first paragraph as well as when setting requirements.
Based on the analysis referred to in the first paragraph, and taking into account economic and technical feasibility, including
the availability of key resources and technologies, as well as the potential for improvement, levels or non-quantitative
requirements shall be defined. Any concentration limit for substances as referred to in Annex I, point f, shall be based on a thorough analysis of the
sustainability of the substances and their identified alternatives, and shall not have significant adverse effects on human
health or the environment. Any performance requirement concerning substances as referred to in Annex I, point f, shall
take into consideration existing chemical safety assessments performed by the relevant Union bodies for the substances
concerned, as well as safe and sustainable by design criteria for chemicals and materials developed by the Commission. Proposed concentration limits shall also consider aspects of enforceability, such as analytical detection limits. Where relevant, the analysis referred to in the first paragraph shall take into account the likely impacts of climate change on
the product during its prospective lifetime, and the products potential to improve climate resilience throughout its life
cycle. A sensitivity analysis covering the relevant factors, such as the price of energy or other resources, the cost of raw materials
and necessary technologies, production costs, discount rates, and, where appropriate, external environmental costs,
including avoided greenhouse gas emissions, shall be carried out. For the development of the analysis referred to in the first subparagraph, relevant information available in the framework of
other Union activities, including, among others, existing sectoral roadmaps as referred to in Regulation EU 20211119,
shall be taken into account and shall include technical information used as a basis for or derived from Regulation EC
No 662010, Directive 201075EU, technical screening criteria adopted pursuant to Regulation EU 2020852 and EU
green public procurement criteria.
That shall also apply for information available from existing programmes applied in other parts of the world for setting the
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ANNEX III
Digital product Passport
referred to in Articles 9 to 12
The requirements related to the digital product passport laid down in the delegated acts adopted pursuant to Article 4 shall
specify what data are to or can be included in the digital product passport from among the following elements
a
information required under Article 72, point b, and Article 75 or by other Union law applicable to the relevant
product group
b the unique product identifier at the level indicated in the applicable delegated act adopted pursuant to Article 4
c the Global Trade Identification Number as provided for in International Organization for StandardisationInternational
Electrotechnical Commission standard ISOIEC 15459-6 or equivalent of products or their parts
d relevant commodity codes, such as a TARIC code as defined in Regulation EEC No 265887
e compliance documentation and information required under this Regulation or other Union law applicable to the
product, such as the declaration of conformity, technical documentation or conformity certificates
f user manuals, instructions, warnings or safety information, as required by other Union law applicable to the product
g information related to the manufacturer, such as its unique operator identifier and the information referred to in Article
277
h unique operator identifiers other than that of the manufacturer
i unique facility identifiers
j
information related to the importer, including the information referred to in Article 293 and its Economic Operators
Registration and Identification EORI number
k the name, contact details and unique operator identifier of the economic operator established in the Union responsible
for carrying out the tasks set out in Article 4 of Regulation EU 20191020 or Article 15 of Regulation EU 2023988,
or similar tasks pursuant to other Union law applicable to the product
l
the reference of the digital product passport service provider hosting the back-up copy of the digital product passport. The data carrier, the unique product identifier referred to in point b, the unique operator identifiers referred to in
points g, h and k, and the unique facility identifiers referred to in point i shall, where relevant for the products
concerned, comply with standards ISOIEC 15459-12014, ISOIEC 15459-22015, ISOIEC 15459-32014, ISOIEC
15459-42014, ISOIEC 15459-52014 and ISOIEC 15459-62014. The delegated acts adopted pursuant to Article 4 shall identify information relevant to ecodesign requirements that
manufacturers may include in the digital product passport in addition to the information required pursuant to Article 92,
point a, including information on specific voluntary labels applicable to the product. That shall include whether an EU
Ecolabel has been awarded to the product in line with Regulation EC No 662010. 8289
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ANNEX IV
Internal production control
Module A
1. Internal production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations
laid down in points 2, 3 and 4, and ensures and declares on its sole responsibility that the product satisfies the
requirements of the delegated act adopted pursuant to Article 4. 2. Technical documentation
The manufacturer shall establish the technical documentation. The documentation shall make it possible to assess
the products conformity to the requirements of the delegated act adopted pursuant to Article 4. The technical
documentation shall specify the applicable requirements and cover, as far as relevant for the assessment, the design,
manufacture and operation of the product. The technical documentation shall, wherever applicable, contain at least
the following elements
a general description of the product and of its intended use,
conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc. descriptions and explanations necessary for the understanding of those drawings and schemes and the operation
of the product,
a list of the harmonised standards, common specifications or other relevant technical specifications the
references of which have been published in the Official Journal of the European Union, applied in full or in part, and
descriptions of the solutions adopted to meet the requirements where those harmonised standards have not been
applied. In the event of partly applied harmonised standards, the technical documentation shall specify the parts
which have been applied,
results of design calculations made, examinations carried out, etc,
the results of measurements carried out in relation to ecodesign requirements, including details of the
conformity of these measurements as compared with the ecodesign requirements set out in the delegated act
adopted pursuant to Article 4,
test reports, and
a copy of the information provided in accordance with the information requirements pursuant to Article 7. 3. Manufacturing
The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure
compliance of the product with the technical documentation referred to in point 2 and with requirements of the
delegated act adopted pursuant to Article 4. 4. CE marking and EU declaration of conformity
The manufacturer shall affix the required conformity marking to each individual product that satisfies requirements
of the delegated act adopted pursuant to Article 4. The manufacturer shall draw up a written declaration of conformity for each product model in accordance with
Article 44 and keep it, together with the technical documentation, at the disposal of the competent national
authorities for ten years after the product has been placed on the market or put into service. The declaration of
conformity shall identify the product for which it has been drawn up. A copy of the declaration of conformity shall be made available to the relevant authorities upon request. 5. Authorised representative
The manufacturers obligations set out in point 4 may be fulfilled by their authorised representative, on their behalf
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ANNEX V
EU declaration of conformity
referred to in Article 44
1. 2. 3. 4. 5. 6. 7. 8.
9. No unique identification of the product
Name and address of the manufacturer and, where applicable, the manufacturers authorised representative
This declaration of conformity is issued under the sole responsibility of the manufacturer
Object of the declaration description of the product sufficient for its unambiguous identification and allowing
traceability it may, where necessary for the identification of the product, include an image
The object of the declaration referred to in point 4 is in conformity with this Regulation, the delegated act adopted
pursuant to Article 4 and, where applicable, other Union harmonisation legislation
References to the relevant harmonised standards or to the common specifications used or references to the other
technical specifications in relation to which conformity is declared
Where applicable, the notified body name, number performed description of intervention and issued the
certificate or approval decision number
Where appropriate, the reference to other Union law providing for the affixing of the CE mark that is applied
The identification and signature of the person empowered to bind the manufacturer or the manufacturers
authorised representative
10. Additional information
Signed for and on behalf of
place and date of issue
name, function signature
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ANNEX VI
Criteria for self-regulation measures
referred to in Article 21
The following non-exhaustive list of criteria shall be used to assess self-regulation measures in accordance with Article 21
1. Openness of participation
Self-regulation measures must be open to the participation of any operators placing on the market a product
covered by the self-regulation measure, including SMEs and third country operators, both in the preparatory and in
the implementation phases. Economic operators intending to establish a self-regulation measure should make
a public announcement of their intention to do so before the process of developing the measure is started. 2. Sustainability and added value
Self-regulation measures must respond to the policy objectives of this Regulation and must be consistent with the
economic and social dimensions of sustainable development. Self-regulation measures must have an integrated
approach to the protection of the environment, interests of consumers, health, quality of life and economic interests. 3. Representativeness
Industry and its related associations taking part in a self-regulation measure must represent a large majority of the
relevant economic sector, in accordance with Article 213, first subparagraph, point b. Care must be taken to
ensure respect for Union competition law, in particular Article 101 TFEU regarding anti-competitive agreements. 4. Quantified and staged objectives
The objectives defined by the signatories in their self-regulation measures must be set in clear, quantifiable and
unambiguous terms, starting from a well-defined baseline. If the self-regulation measure covers a long time-span,
interim targets must 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. 5. Involvement of civil society
With a view to ensuring transparency, self-regulation measures must be publicised, including online on a publicly
and freely accessible website and via other electronic means of disseminating information. Stakeholders, including Member States, industry, environmental NGOs and consumers associations, shall be invited
to comment on a self-regulation measure. 6. Monitoring and reporting
An independent inspector must be selected and nominated in order to monitor compliance of signatories with the
self-regulation measure. The self-regulation measure must empower the independent inspector to verify compliance
with its requirements. The self-regulation measure must also lay down the procedure to select the independent
inspector and the rules to ensure that the inspector has no conflict of interest and has the necessary skills for
verifying compliance with its requirements. Every year, each signatory must report all the information and data necessary for the independent inspector to
reliably verify the signatorys compliance with the self-regulation measure. The independent inspector must draw up a compliance report at the end of each one-year reporting period. Where a signatory does not comply with the requirements of the self-regulation measure, it must take corrective
action. The independent inspector shall notify the other signatories participating in the self-regulation measure of
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The results of any market surveillance activity conducted by a market surveillance authority during which
non-compliance with the self-regulation measures requirements has been identified shall be taken into account by
the independent inspector, in particular in the compliance report, and corrective action shall be taken. 7.
Cost-effectiveness of administering a self-regulation measure
The cost of administering the self-regulation measure, in particular as regards monitoring, must not lead to
a disproportionate administrative burden, as compared to its objectives and to other available policy instruments. 8689
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Consumer products of which the destruction by economic operators is prohibited
ANNEX VII
The commodity codes and descriptions are taken from the combined nomenclature as referred to in Article 12 of
Regulation EEC No 265887 and as set out in Annex I thereto, in the version in force on 28 June 2024. Commodity code
Description
1.
Apparel and clothing accessories
4203
61
62
6504
6505
2. Footwear
6401
6402
6403
6404
6405
Articles of apparel and clothing accessories, of leather or composition leather
Articles of apparel and clothing accessories, knitted or crocheted
Articles of apparel and clothing accessories, not knitted or crocheted
Hats and other headgear, plaited or made by assembling strips of any material, whether or not
lined or trimmed
Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric,
in the piece but not in strips, whether or not lined or trimmed hairnets of any material,
whether or not lined or trimmed
Waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which
are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or
similar processes
Other footwear with outer soles and uppers of rubber or plastics
Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of
leather
Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of
textile materials
Other footwear
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ANNEX VIII
Correlation table
Directive 2009125EC
This Regulation
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Article 15
Article 16
Article 17
Article 18
Article 19
Article 20
Article 21
Article 22
Article 23
Article 24
Article 25
Article 26
Annex I
Annex II
Article 1
Article 2
Article 29
Articles 44, 45 and 46
Article 3
Articles 69, 70 and 71
Articles 27 and 43
Article 41
Article 38
Article 68
Article 22
Article 7
Articles 4 and 5
Article 18
Article 21
Article 19
Article 24
Article 28
Articles 30 to 40
Article 42
Articles 47 to 67
Article 72
Article 73
Article 74
Article 75
Article 79
Article 80
Articles 5, 7, Annex I
Annex II
Annex III
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Annex III
Annex IV
Annex V
Annex VI
Annex VII
Annex VIII
Annex IX
Annex X
Directive 2009125EC
This Regulation
EN
Annex IV
Annex V
Article 8 -
Annex VI
Annex VIII
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