EN Official Journal of the European Union CE 78/633

(2004/C 78 E/0670)

WRITTEN QUESTION E-3718/03

by Paul Rübig (PPE-DE) to the Commission

(10 December 2003)

Subject: Eco-design requirements for energy-using products

The European Commission has proposed a directive of the European Parliament and of the Council on establishing a framework for the setting of eco-design requirements for energy-using products and amending Council Directive 92/42/EEC (1).

This directive has to be seen in the context of the Commission Communication on Integrated Product Policy (IPP) (2). The Communication on IPP serves as an instrument for achieving a balanced and coordinated environmental policy for all industry sectors in Europe. On the symbiosis to be reached between regulation and voluntary measures, the Communication states that ‘to green products effectively, non-legislative solutions, such as environmental agreements and the standardisation process, need to be considered in addition to legislation’ (Point 5.1(b)).

The framework proposal on EuP is an example of an IPP initiative. The relationship between voluntary measures and possible further regulation, i.e. implementing measures on eco-design and energy efficiency requirements which could be adopted on the basis of the EuP framework, should be defined in this framework.

1. Does the Commission agree that priority should generally be given to flexible and user-friendly instruments such as voluntary industry measures, self-commitments, standards and agreements?

2. Does the Commission intend to assess existing voluntary industry measures, self-commitments, standards and agreements, before proposing implementing measures in order to avoid duplication of requirements and to ensure that the evolution of voluntary measures is not negatively affected by implementing measures?

3. How does the Commission plan to evaluate the effectiveness of existing voluntary industry measures, self-commitments, standards and agreements?

4. Is the Commission in a position to provide the European Parliament with a document listing the number and types of voluntary measures/programmes already in place in the various sectors?

Answer given by Mr Liikanen on behalf of the Commission

(2 February 2004)

The Commission believes that voluntary agreements can present some advantages compared with regulation and that they allow for flexible adaptation to technological options and market sensitivities. In the context of the Framework Directive proposal, priority should be given to alternative courses of actions such as self-regulation by the industry where such actions are likely to deliver the policy objectives faster or cheaper than mandatory requirements. However, legislative measures may be needed where the market forces fail to evolve in the right direction or at an acceptable speed.

Standards can support the implementation of the Energy Using Products (EuP) Framework Directive proposal (for example in establishing testing and measurement methods, in better describing certain environmental parameters or in information supply, databases, checklists etc.). Harmonised standards produced by European Standardisation Organisations on the basis of a mandate from the Commission in accordance with Directive 98/34/EC (3), the reference numbers of which have been published in the Official Journal of the European Community, are indeed proposed as a possible means for presumption of conformity. However, in no case will the standardisers be invited to settle issues that, in view of their sensitive nature, should be left to the regulators, such as fixing a limit for a given environmental aspect.

The Commission before proposing implementing measures for a given product (or environmental aspect) will examine to which extent the criteria of Article 12 of the proposal are fulfilled; one of these criteria is ‘significant potential for improvement’. In order to explore this potential, an adequate description of existing measures and/or voluntary initiatives is necessary; the assessment of voluntary industry measures, the existence, dissemination, efficiency of standards and other agreements will take place in that context.

The Commission when assessing self-regulatory measures initiated by industry intends to take into account, inter alia, ambition (clear and unambiguous commitments: e.g. quantified targets and well-defined baselines), representativity (proportion of the market covered), monitoring and reporting mechanisms (regular, detailed and transparent reporting) identified responsibilities and independent verification, publicity (the content of the Voluntary Agreement and the regular reports publicised), cost-effective administration (proportionate administrative burden compared with the objectives and with alternative policy instruments) as well as compliance with International engagements of the Union: e.g. World Trade Organisation/Technical Barriers to Trade (WTO/TBT) rules).

Concerning harmonised standards, they are adopted by the European Standardisation Bodies and the EuP proposal foresees (in Article 8) that they may be used for presumption of conformity. The mechanism, by which the Commission and/or the Member States can object to such use, is described in Article 9 of the same proposal (involvement of the Committee of Directive 98/34/EC for technical regulations and standards).

Here is a list of voluntary actions relevant in the context of the EuP proposal (and relating mainly to energy efficiency), and notified to the Commission:

— Unilateral self-commitments: (coverage by the signatories beyond 70 % of the Union market): — Standby and ON-mode of cathode ray tube (CRT) Televisions, standby for DVD players, Liquid Crystal Displays (LCD) and plasma televisions (EICTA, 2003); new targets are under consideration by the industry for DVDs, LCD and plasma televisions which will include on-mode consumption; — Washing machines (CECED, 2003); — Refrigerators, freezers and their combinations (CECED, 2003); — Standby consumption of Audio equipment (EICTA, 2000); — Dishwashers (CECED, 2000-2001); — Detergents (including Energy saving consumer behaviour washing machines, AISE 1998);

— Codes of Conduct (for individual companies, includes quantitative targets): — Digital Television Services (2000); — External Power Supplies (2000).

(1) COM/2003/0453 final — COD 2003/0172.

(2) COM/2003/0302 final.

(3) Directive 98/34/EC of the Parliament and of the Council of 22 June 1998 laying down a procedure for the provision ofinformation in the field of technical standards and regulations, OJ L 204, 21.7.1998.