Proposal for 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
Date: 2003-08-01
Institutions: European Commission
Subjects: clean technology, environmental impact, environmental protection, environmental standard, product design, self-regulation, sustainable development

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 01.08.2003
COM(2003) 453 final

2003/0172 (COD)

Proposal for 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

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. 

INTRODUCTION

This  is  a  proposal  for  a  framework  Directive  which  will  be  followed  by  implementing
measures  establishing  eco-design  requirements  adopted  by  the  Commission  assisted  by  a
regulatory  committee.  Each  implementing  measure  will  be  accompanied  by  an  explanatory
memorandum,  an  impact  assessment  and  will  be  subject  to  a  consultation  procedure.  The
present text explains the underlying considerations and concepts of the framework Directive
as well as the need for its establishment.

2. 

OBJECTIVE AND SCOPE

2.1. 

Eco-design Requirements for Energy-using Products: the context

It  is  generally  acknowledged  that  the  production,  distribution,  use  and  end  of  life
management  of  energy-using  products  (hereafter  EuP)  is  associated  with  a
considerable  number  of  important  impacts  on  the  environment  such  as  climate
change  linked  to  energy  consumption,  consumption  of  other  materials  and  natural
resources such as water, waste generation and release of hazardous substances to the
environment.

It  is  estimated  that  over  80%  of  all  product-related  environmental  impacts  are
determined  during 
Integrating  environmental
considerations as early as possible into the product development process is therefore
the most effective way of introducing changes and improvements to products.

the  product  design  phase1. 

It  is  expected  that  with  the  wide  dissemination  and  considerable  environmental
impacts of energy-using products, growing public awareness of environmental issues
will  result  in  the  environmental  aspects  and  performance  of  such  products  being
increasingly  targeted.  It  is  important  to  avoid  market  fragmentation  through
diverging  national  requirements  as  regards  the  environmental  aspects  of  these
products.  It  consequently  appears  necessary  to  create  a  coherent  harmonised
Community framework in which to address these “eco-design” requirements.

2.2. 

The objective

The  present  proposal  aims  to  create  a  comprehensive  and  coherent  legislative
framework for addressing eco-design requirements with the aim of:

(cid:1)  ensure the free movement of energy-using products within the EU,

(cid:1)  improve  the  overall  environmental  performance  of  these  products  and  thereby

protect the environment,

(cid:1)  contribute to the security of energy supply and enhance the competitiveness of the

EU economy,

1

“How  to  do  EcoDesign?”,  a  guide  for  environmentally  and  economically  sound  design  edited  by  the
German federal Environmental Agency, Verlag form, 2000

2

                                                
(cid:1)  preserve the interests of both industry and consumers.

The proposal is therefore fully in line with the promotion of sustainable development
and at the same time constitutes a concrete example of integration of environmental
aspects in other Community policies.

These different considerations, of environmental and energy objectives together with
internal  market  and  competitiveness  considerations,  provide  the  background  to  the
development of  eco-design requirements for products as  described  in  the  following
chapters.

2.3. 

The scope

The  proposed  framework  Directive  is  in  principle  applicable  to  any  product  using
energy to perform the function for which it was designed, manufactured and put on
the market. All energy sources are covered, although it is likely that only those using
electricity,  solid,  liquid  and  gaseous  fuels  will  be  the  subject  of  implementing
measures.

The  proposed  scope  is  very  large.  However  in  practice,  the  framework  Directive
defines  the  criteria  for  selecting  products  that  can  be  covered  by  implementing
measures.

Some stakeholders expressed the wish that the proposal should list the products to be
addressed as a priority by implementing measures and deadlines for carrying out the
various activities. However, setting such priorities is difficult, not  least  because the
relative  importance  of  environmental  priorities,  and  other  priorities,  changes  over
time. It could also be counterproductive by reducing the incentive for those industrial
sectors not listed to be pro-active. The proper application of the framework Directive
must be protected from developments that would be detrimental to some of its main
advantages,  such  as  flexibility,  speed  of  decision-making  and  incentive  for  self
regulation  (see  also chapters 5.1 and  5.2  of  the  present  explanatory  memorandum).
Some  stakeholders  also  questioned  the  availability  of  resources  within  the
Commission  services  for  preparing  and  monitoring  potentially  large  numbers  of
implementing measures. At this point  it should be made clear that  the Commission
cannot and should not produce a large number of implementing measures but rather a
limited  number  for  well  justified  cases  selected  in  conformity  with  the  criteria  laid
down in the framework Directive.

Therefore,  instead  of  trying  to  define  a  restricted  scope,  it  is  proposed  that  the
framework  directive  lays  down  eligibility  criteria  for  adopting  implementing
measures (see Article 12). For example a product will be selected only if it represents
an  important  volume  of  sales  in  the  EU  market  and  an  important  environmental
impact at European level. This is fully in line with the conditions and methodologies
outlined in the Community Eco-label scheme2. Another criterion is the potential for
improvement,  which  should  not  entail  excessive  costs  and  could  take  into  account
both existing legislation and pro-active initiatives from industry. Additional aspects
(product  performance,  health  and  safety,  impact  on  consumers,  manufacturers’
competitiveness) are integrated in the analysis.

2

Commission  Decision  of  21/12/2001  establishing  the  Community  eco-label  working  plan  (OJ  L  7  of
11.01.2002 p.28)

3

                                                
The scope also covers parts, which are intended to be incorporated into EuP, which
are placed on the market as individual parts for end-users and whose environmental
performance  can  be  assessed  in  an  independent  manner.  Both  conditions  must  be
fulfilled.  For  example,  although  a  part  may  be  sold  directly  to  a  customer  e.g.  an
individual  resistor  or  capacitor,  major  environmental  aspects  may  depend  upon  the
way that this part is used in the final product. In this case an independent analysis of
its  environmental  performance  is  neither  possible  nor  meaningful;  in  any  case  the
criteria of Article 12 apply. However this part can fall under Article 10, meaning that
adequate  basic  information  (e.g.  on  material  composition,  consumption  of  energy,
etc.)  will  have  to  be  provided  to  the  equipment  manufacturer  if  needed  for  the
establishment of the ecological profile. It should be clear that unless implementing
measures are  adopted,  no  legal obligations flow from the framework  Directive
for manufacturers.

It is proposed to exclude vehicles from the scope because it is already very broad and
also because  motor vehicles  are  already subject  to  a vast  number of  regulatory  and
voluntary measures (e.g. detailed legislation on design, voluntary agreement on CO2
emissions).

The implementation of the present Directive will contribute to the integration of life-
cycle  thinking,  one  of  the  basic  principles  of  the  Integrated  Product  Policy3  (IPP),
into  product  design.  The  experiences  with  its  implementation  will  contribute  to
judging the appropriateness of establishing similar parallel framework Directives for
other  products,  or  general  obligations  on  producers  to  undertake  eco-design.
Activities that will be pursued in the follow-up to the Communication on IPP.

3. 

JUSTIFICATION FOR ACTION AT COMMUNITY LEVEL

3.1. 

Policy context

Sustainable development is one of the major policy goals of the European  Union.
Article 2 of the EC Treaty calls for a sustainable development of the economy of the
Community. Article 6 of the EC Treaty requires environmental considerations to be
integrated into the other Community policies and activities, with a view to promoting
sustainable development. The Cardiff European Council in 1998 reaffirmed the need
for  integration  of  environment  into  other  policies.  In  December  1999,  the  Helsinki
European  Council  emphasised  the  three  dimensions  of  sustainability:  economic,
social, and environmental.

3.1.1.  Setting  requirements  for  energy-using  products,  which  are  traded  within  the
Community,  has  an  important  internal  market  dimension.  There  are  several
examples of measures, adopted or envisaged at national level, concerning the use of
substances,  which  are  hazardous  or  otherwise  of  concern  for  the  environment.  In
response to that the Community has adopted harmonised rules for the use of certain
hazardous  substances  in  electrical  and  electronic  equipment;  such  equipment  lies
within the scope of the present proposal. Similar problems have emerged concerning
the  energy  efficiency  requirements  of  some  products.  Given  the  variety  of
environmental aspects of energy-using products and  the  increasing incorporation of

3

COM(2001)68final

4

                                                
environmental  aspects  into  other  policy  areas,  it  is  appropriate  to  create  a  coherent
and  comprehensive  framework  for  harmonising  eco-design  requirements  at
Community  level,  thereby  preventing  potential  barriers  to  trade.  Such  a  framework
will  enhance  transparency  where  product-related  environmental  considerations  are
integrated in fiscal policies and public procurement.

3.1.2.  Another  major  contribution  to  sustainable  development  comes  from  security  of
energy  supply.  In  its  Green  Paper  "Towards  a  European  Strategy  for  Energy
Supply"4  the  Commission  highlighted  that  the  European  Union’s  rising  need  of
affordable energy supplies will lead it to become increasingly dependent on external
energy sources; enlargement will reinforce this trend. Since the EU has very limited
scope  to  influence  energy  supply  conditions,  it  is  essential  that  the  EU  is  able  to
intervene  on  the  demand  side,  not  by  affecting  economic  activity  but  by  making
efficient use of energy wherever possible.

Reducing the energy consumption of products contributes to:

– 

– 

– 

security  of  supply:  energy  efficiency  reduces  the  dependence  on  energy
resources ;

competitiveness:  energy  efficiency  can  improve  the  competitive  position  of
industry and commerce in the EU, since less energy is used for a given output.
The value of energy saved can repay the cost of efficiency within a few years;

protecting the environment: the European Climate Change Programme (ECCP)
has  highlighted  the  great  cost-effective  potential  for  improving  the  energy
efficiency  of  products,  which  are  responsible  for  about  30%  of  total  primary
energy use and about 40% of CO2 emissions into the atmosphere. Reducing the
energy  consumption  of  EuP  can  make  a  substantial  contribution  to  the
Community’s  efforts  to  meet  the  Kyoto  target  for  2012  on  the  reduction  of
greenhouse  gases.  It  should  play  an  even  more  important  role  in  the  period
beyond 2012,  where the  Community  Sixth  Environmental Action  Programme
provides fore a 20-40% reduction by 2020.

However  the  setting  of  energy  efficiency  requirements,  like  any  other  eco-design
requirement, will follow the IPP principle that environmental impacts are not merely
transferred  from  one  phase  of  the  life  cycle  to  another.  Energy  efficiency
requirements are therefore integrated into this overall framework.

3.1.3.  One priority to ensure sustainable development for future generations is to reduce the
negative effects created by products on the environment. However given the many
environmental aspects of products, the risk exists that sectoral policies may focus on
particular  aspects  or  phases  of  the  product’s  life  cycle  to  the  detriment  of  others,
which may lead to contradictory and counterproductive legislation. This situation can
be  avoided  by  using  an  IPP  approach.  This  has  been  elaborated  in  the
aforementioned Green Paper on IPP and is further expanded in the Communication
on  the  issue5.  IPP  seeks  to  reduce  the  environmental  impacts  of  all  products  and
services  across  the  whole  of  their  life-cycles.  It  is  based  on  life-cycle  thinking,

4

COM (2000) 769 of 29 November 2000.

5

                                                
stakeholder involvement , the continuous improvement of products and the use of a
variety of different policy instruments, including eco-design measures.

Finally,  building  a  sustainable  world  for  future  generations  should  not  lead  to
disregarding  the  needs  of  present  generations.  Consequently,  the  setting  of  eco-
design  requirements  for  products  should  also  take  into  account  the  socio-economic
conditions.

In conclusion, the present proposal aims to create the framework for improving the
environmental  performance  of  energy-using  products  while  preserving  and
enhancing a sound economic environment for this significant sector of activity with
regard  to  the  free  movement  of  goods  within  the  EU  and  the  competitiveness  of
industry.  It  is  therefore  fully  in  line  with  the  requirements  for  promotion  of
sustainable  development  and  at  the  same  time  constitutes  a  concrete  example  of
integration  of  environmental  aspects 
in  other  Community  policies  and  of
implementation of the IPP concepts in a wide product area.

4. 

SUBSIDIARITY

the
While  many  manufacturers  have  made  substantial  efforts 
environmental impact of their products, thousands of new  products showing  a poor
environmental performance continue to be put on the EU market although they could
perform better at little or no cost.

reduce 

to 

The objectives of this proposal are to reduce the environmental impacts flowing from
energy-using products while preserving security of supply and the internal market for
these products. Environmental protection and free movement of goods are issues of
common  responsibility  for  the  Member  States  and  the  Community,  and  a  legal
initiative at Community level is therefore  justified. Moreover,  both  these issues are
cross-border in character and it is therefore considered that the objectives cannot be
sufficiently  achieved  by  the  Member  States  but  will  be  better  achieved  by  the
Community.  The  proposal  thus  fulfils  the  criterion  of  subsidiarity,  as  outlined  in
Article 5 of the Treaty.

A  number  of  studies  have  demonstrated  that  regulation  is  a  motor  for  eco-design
activities6,  in  particular  amongst  SMEs7.  Legislative  action  is  needed  to  stimulate
adequate  integration  of  environmental  considerations  by  the  manufacturers  in  their
design process. Even within large companies, the dissemination and implementation
of eco-design in the various departments is often problematic8. Furthermore, it has to
be kept in mind that although eco-design measures might very well prove profitable
in the medium term, they do not always bring a direct and visible financial benefit;
this aspect is very important in particular for small and very small enterprises and for
low-income  consumers.  Strong  competition  from  manufacturers  who  have  little

5

6

7

8

COM(2003) 302final of 18 June 2003
Study by ESTO/IPTS : “Eco-design: European state of the art”, p.39
Observatory  of  European  SME’s  2002/No4:  "European  SMEs  and  social  and  environmental
responsibility"p.40,available in:
http://europa.eu.int/comm/enterprise/enterprise_policy/analysis/doc/smes_observatory_2002_report4_e
n.pdf
“Towards the actual implementation of eco-design in industry” – the  “haves” and  “needs”  viewed  by
the European Ecodesign Community”, McAloone, Bey et al., presented in CARE INNOVATION 2002

6

                                                                                                                                                        
concern  for the  environmental  impact of the products they place  on  the EU  market
hinders improvements.

5. 

PROPORTIONALITY AND “BETTER REGULATION”

5.1. 

The choice of the legal instrument

Notwithstanding the urgent need for addressing the environmental  impacts of  EuPs
and the acknowledged risk for the internal market if this is not done in a harmonised
manner at Community level, it is necessary to ensure that any legislative act is based
on adequate scientific knowledge and practical experience. Therefore it is proposed
to  establish  a  framework  Directive  that  does  not  create  immediate  obligations;
instead it provides the possibility to swiftly establish eco-design requirements on the
basis of technical and economic analysis.

This is an essential point to be kept in mind while examining the proposal: the effects
on  manufacturers,  consumers  and  the  environment  will  be  produced  by  the
implementing  measures  to  be  adopted  through  comitology  procedure  by  the
Commission  after the  adoption of this  framework Directive  by the Council and  the
European Parliament.

The  Commission  is  fully  aware  of  the  sensitive  character  of  this  issue  from  the
institutional point of view. On the one hand efficient procedures must be established,
allowing for fast progress and a sizeable contribution towards major objectives such
as attaining the Kyoto targets; this is particularly relevant for highly technical matters
such as the establishment and timely revision of eco-design requirements for energy-
using products. On the other hand, the legal soundness of any proposed solution (also
in  the  light  of  international  obligations)  must  be  ensured  and  the  spirit  of  co-
operation among the institutions of the EU must be maintained.

It  is  clear  that  the  appropriate  balance  has  to  be  struck  between  these  two  basic
requirements.  In  this  context,  it  is  worthwhile  mentioning  that  in  any  case  Council
Decision 1999/468/EC laying down the procedures for the exercise of implementing
powers  conferred  on  the  Commission  provides  for  extensive  information  of  the
European Parliament and the possibility for Parliament to express its disagreement to
Council  and  Commission.  This  balance  will  even  be  reinforced  with  the  recent
Commission  proposal  to  amend  Council  Decision  1999/468/EC9  which  aims  at
placing  both  branches  of  the  legislature  on  an  equal  footing  as  supervisors  of  the
executive tasks conferred on the Commission for matters subject to codecision.

Therefore,  in  line  with  the  proposed  Institutional  Architecture10,  the  present
proposal  provides  for  a  framework  Directive  setting  the  general  principles  and
criteria  for 
the
the  establishment  of  eco-design  requirements,  but 
development and adoption of implementing measures for individual products to the
Commission  assisted  by  a  regulatory  committee.  The  framework  Directive
circumscribes very clearly the limits within which the implementing measures can be
adopted by stating the criteria which will govern the choice of products (Article 12),

leaving 

9

10

COM(2002)719 final of 11.12.2002
COM(2002)728 of 5.12.2002

7

                                                
the  environmental  aspects  which  may  be  dealt  with  by  implementing  measures
(Annex I) as well as the methodology for setting specific requirements (Annex II).

that  any  proposal  will  be  fully  compatible  with 

This  process  would  maximise  the  environmental  improvements  through  faster
adoption  of  implementing  measures  and  the  taking  into  account  of  current
environmental  priorities  for  a  larger  number  of  energy-using  products.  It  will  also
ensure 
the  principle  of
proportionality, since the detailed implementing measures will be based on adequate
information and analysis, including impact assessment (which is far easier to collect
and develop when the measure concerns a specific product or a given environmental
aspect) and will take into account any self-commitments or other proactive measures
that industry will take as a result of the adoption of this framework Directive.

Implementing  measures  will  be  fixed  after  appropriate  consultation  with  the
interested parties,  e.g. the manufacturing industry and other  stakeholders,  including
environmental protection NGOs, consumer and user associations. Such consultation
may reveal the need inter alia, for a staged introduction of some requirements and/or
transitional  provisions  (for  example  in  terms  of  implementation  dates,  nature  or
levels  of  the  eco-design  requirements,  etc.);  these  aspects  will  be  duly  taken  into
account by the Commission when proposing implementing measures.

5.2.  Maximising the impact by spurring self-regulation

Until now in most cases product environmental performance requirements have been
introduced  by  mandatory,  legislative  measures.  Some  sectors  of  the  industry  have
expressed their preference for the conclusion of voluntary agreements. This has been
particularly successful in the area of energy efficiency: recently two agreements, the
first  one  covering  stand-by  losses  of  Televisions  and  Videocassette  Recorders,  and
the  second  covering  domestic  refrigerators  and  washing  machines  have  been
implemented  successfully  as  unilateral  commitments  by  industry.  Other  similar
agreements  cover  dishwashers,  electric  motors,  electric  storage  water  heaters
(standing losses) and audio equipment (stand-by consumption).

Voluntary agreements can present some advantages compared with regulation fixing
mandatory  standards.  They  can  provide  for  quick  progress  due  to  rapid  and  cost-
effective  implementation.  They  need  not  necessarily  await  the  development  of
recognised  methods  of  testing  to  the  same  extent,  as  would  a  regulatory  measure.
They allow for flexible and adjusted adaptation to technological options and market
sensitivities.

However self-regulation is not always a feasible option, in particular in sectors where
the market is very fragmented. This is relevant for energy-using products, given the
size  and  lack  of  homogeneity  of  the  sectors  involved;  it  cannot  be  expected  that
credible  and  coherent  voluntary  actions  of  the  economic  operators  to  address
environmental  aspects  of  energy-using  products  throughout  their  life  cycle  will
emerge spontaneously.

Finally there are also some drawbacks: self-regulation is not binding on all industry
members (there is the possibility of having “free riders”) and cannot, like legislation,
be enforced in the courts; compliance consequently cannot be guaranteed.

8

The adoption of a framework directive on eco-design  requirements would  reinforce
the  potential  impact  of  self-regulation  by  the  industry.  Industry,  aware  that  the
Community  possesses  an  efficient  tool  to  set  requirements  rapidly  through  the
adoption  of  implementing  measures,  could  either  conclude  satisfactory  self-
commitments  or  support  compulsory  requirements  where  it  is  clear  that  too  many
“free riders” would not share the same environmental improvement targets. It would
also provide for a quick alternative should a self-commitment prove not to work.

5.3. 

Reduction and simplification of the “Acquis”

Directives already exist on minimum energy efficiency requirements for some types
of  products11.  These  can  be  considered  as  implementing  measures  of  the  present
framework Directive regarding energy consumption during use; a consolidation and
simplification of Community legislation is thereby achieved.

If  appropriate,  these  implementing  measures  can  be  amended  by  the  procedure
described  in  the  present  framework  Directive  so  that  requirements  can  be  adapted
and/or additional aspects can be included.

Council  Directive  78/170/EEC  of  13  February  1978  on  the  performance  of  heat
generators for space heating and the production of hot water in new or existing non-
industrial buildings and on the insulation of heat and domestic hot-water distribution
in new non-industrial buildings12 laid down requirements which are now superseded
by  provisions  of  Directive  92/42/EEC,  of  Directive  90/396/EEC  relating  to
appliances  burning  gaseous  fuels  and  of  Directive  2002/91/EC  on  the  energy
performance of buildings13. Considering that Directive 78/170/EEC (as amended by
Directive 82/885/EC) is now becoming obsolete, it is proposed to repeal it.

Article 6 of Directive 92/42/EEC provides for an optional star rating system aiming
at ascertaining the energy performance of boilers. The provisions regarding  the star
rating system failed to deliver the expected result and can therefore be repealed.

Directive 86/59414 establishes a standard method for sampling and testing the levels
of noise emitted by household appliances. Member States which decide to make the
publication of information on noise emissions mandatory must require manufacturers
to use this standard method. However, the Directive does not make the publication of
information on noise emissions mandatory, and no Member State currently requires
the  publication  of  this  information.  Directive  92/75/EEC,  on  the  indication  by
labelling, at the point of sale, of the consumption of  energy  and  other  resources  by
household  appliances,  includes  an  optional  noise  element  linked  in  to  86/594.  It
leaves  to  the  individual  member  States  to  require  the  information  on  noise  to  be
displayed on the label or not. In addition, many manufacturers are unhappy with the
method  set  out  in  86/594/EEC.  As  a  consequence  this  information  is  not  made
available  in  practice  to  consumers.  Such  a  situation  does  not  ensure  proper

11

12

13

14

Directive 92/42/EEC on energy efficiency requirements for new hot water boilers (OJ L 167, 22.6.1992,
p17;  Directive  96/57/EC  on  energy  efficiency  requirements  for  household  refrigerators,  freezers  and
combinations  thereof,  OJ  L  236,  18.9.1996,  p.36;  Directive  2000/55/Ec  on  energy  efficiency
requirements for ballasts for fluorescent lighting, OJ L 279, 1.11.2000, p. 33.
OJ L 52, 23.2.1978, p. 32
OJ L 1, 4.1.2003, p. 1
OJ L 344, 6.12.1986, p.24

9

                                                
harmonisation,  and  lacks  effectiveness.  For  reasons  of  coherence  with  the  Internal
Market  approach,  and  considering  that  the  Directive  does  not  deliver  the  expected
results,  it  is  more  appropriate  to  include  noise  emissions  in  a  more  integrated
assessment  of  environmental  performance.  The  present  Directive  provides  such  a
coherent framework that will allow to address this concern, as noise emissions will
be  assessed  along  with  the  other  environmental  aspects  of  the  product.  Directive
86/594/EEC and references to it in Community legislation can therefore be repealed

5.4. 

Coherence with other Community legislation

The  present  proposal  is  compatible  with  other  EU  legislation  and  initiatives
concerning  environmental  aspects  of  products;  it  will  increase  their  integration  and
effectiveness.

The  proposed  framework  Directive  has  a  wider  scope  than  any  related  existing
Community  legislation  both  in  terms  of  products  to  be  covered  and  in  terms  of
environmental  aspects,  and  in  this  sense  it  may  be  used  for  covering  gaps  that  are
deemed  important.  On  the  other  hand  there  are  already  examples  of  certain
environmental  aspects  of  some  products  being  regulated  at  Community  level;  in
these  cases  the  present  proposal  will  provide  a  coherent  framework  allowing  their
adaptation  in  view  of  a  fast  and  efficient  improvement  of  their  environmental
performance.

The  WEEE  Directive15  regulates  the  management  of  waste  from  some  of  the
products  falling  under  the  scope  of  the  present  proposal  (electrical  and  electronic
equipment)  and  prescribes  collection,  recycling  and  recovery  targets;  it  also
establishes  the  principle  of  producers’  financial  responsibility  for  waste  treatment.
The  present  proposal  will further promote  the  design  of  products  to  facilitate  reuse
and recycling by allowing for the systematic introduction of those aspects in the early
stages  of  the  design  process  and  by  providing  concrete  indicators  for  monitoring
progress in this respect.

Concerning the use of substances, the RoHS16 Directive regulates the use of certain
hazardous  substances  used  in  electrical  and  electronic  equipment.  It  is  clear  that
beyond  these  substances  a  number  of  other  substances  are  used  in  energy-using
products  the  release  of  which  in  the  environment  should  be  controlled  or  indeed
eliminated.  The  present  proposal  will  encourage  producers  to  examine  possibilities
for  minimising  the  use  of  these  substances  and  their  release  in  the  environment
during  the  various  life-cycle  stages  of  the  product.  Moreover,  with  the  extensive
information  supply  along  the  chain  to  the  product  manufacturers  and  from  them  to
end-users  and 
the  correct  and  speedy
implementation and monitoring of RoHS.

treatment  facilities, 

it  will  assist 

It  will  be  possible  to  address  energy  consumption  throughout  the  life  cycle  of  the
product  and  not  only  during  its  use  phase,  as  is  currently  the  case.  It  will  also  be
possible to establish rapidly quantitative energy efficiency requirements in the form of
specific  eco-design  requirements  to  achieve  quick  progress  in  the  context  of  climate

15

16

Directive  2002/96/EC  on  waste  from  electrical  and  electronic  equipment,  adopted  by  Council  and
European Parliament, OJ L37, 13.02.2003, p.24
Directive  2002/95/EC  on  the  restriction  of  the  use  of  certain  hazardous  substances  in  electrical  and
electronic equipment adopted by Council and European Parliament, OJ L37, 13.02.2003, p.19

10

                                                
change and  security  of energy supply.  In  this respect, several  directives  laying  down
minimum energy efficiency requirements of equipment during use have already been
adopted.

Actions to improve energy efficiency of equipment have been envisaged for all three
major  consuming  sectors:  residential,  tertiary  and  industrial.  Up  to  now,  the
Commission  has  been  following  a  dual  approach  of  promoting  greater  consumer
awareness of the availability of more energy-efficient models of appliances (energy
labelling)  and  the  production  of  more  efficient  appliances  by  manufacturers
(efficiency requirements).

Special attention has been paid in the initial phase to household appliances, because
it  was  felt  that  particularly  in  the  domestic  sector  barriers  to  the  penetration  of
energy-efficient  appliances  were  difficult  to  remove.  The  main  barrier  in  the
domestic  sector  is  lack  of  consumer  awareness,  information,  and  technical
knowledge  on  energy  consumption  of  individual  appliances  and  possible  energy
savings.

Energy efficiency requirements directly promote energy efficiency improvements at the
product  design  stage.  They  are  a  very  powerful  tool  to  transform  the  market  and  to
achieving  substantial  energy  savings  at  low  cost,  especially  when  information  and
labels are not appropriate to influence the final users. If efficiency improvements are set
at the product design stage, we can be sure that the desired savings will be achieved.
Several  main  economic  partners  of  the  EU17  have  adopted  or  are  considering
adopting  efficiency  requirements  as  the  key  policy  action  to  improve  energy
efficiency of equipment.

Efficiency requirements guarantee an improvement in energy efficiency by ensuring
that the worst-performing appliances for a given function are not put on the market.
They  complement  other  initiatives  such  as  the  labelling  of  products  (e.g.  Directive
92/75/EEC on the labelling of domestic appliances).

Mandatory  minimum  specific  eco-design  requirements  or  requirements  for
improving 
the  overall  environmental  performance  of  a  product  are  also
complementary to the Eco-label initiative. The Eco-label18 provides for the voluntary
labelling  of  products  conforming  to  very  high  quality  and  environmental  criteria
aiming  to  highlight  and  reward  the  best-performing  products,  and  it  consequently
does  not  have  the  same  objective  as  the  present  proposal.  However,  information
gathered  during  the  Eco-label  exercise  will  be  very  useful  in  identifying  major
environmental  aspects  of  relevant  products.  Conversely, 
the  environmental
information to be created and made available as a result of the implementation of the
proposed  framework  Directive  may  be  used  for  further  activities  in  the  context  of
Eco-label.  Finally, 
important
environmental or functionality parameters used for the Eco-label can also be used for
the  present  framework  Directive  (see  energy  consumption:  currently,  the  same
standards are used for the Eco-label, for the energy label under Directive 92/75 and
for the energy efficiency requirements Directives).

the  measurement  standards 

to  assess  some 

17

18

These countries include: USA, Canada, Japan, China, Thailand, Switzerland, South Korea, Philippines,
Mexico, New Zealand, Australia, Taiwan.
Regulation  1980/2000  of  the  European  Parliament  and  of  the  Council  of  17/07/2000  on  a  revised
Community eco-label award scheme (OJ L 237 of 21/09/2000, p.1)

11

                                                
The proposed framework Directive, through the consideration of the entire life cycle,
will  also  facilitate  compliance  with  other  EU  legal  acts  not  directly  related  to
products, such as the IPPC Directive19 or the legislation on the quality of the various
environmental  compartments  (air,  water)  and  the  emissions  they  receive.  It  is  also
expected  to  increase  dissemination  and  visibility  of  the  EMAS20  scheme,  to  the
extent that enterprises with an EMAS covering product design will be able to use it
for demonstrating conformity of their products with implementing measures resulting
from the present Directive.

Finally  there  remain  many  product  characteristics  with  considerable  or  potentially
important  environmental  impact,  but  which  are  not  yet  covered  by  EU  legislation
(e.g.  nature  and  variety  of  materials,  use  of  water  and  other  consumables,  air  and
water  emissions).  Improvements  in  the  environmental  impact  of  energy-using
products  will  be  reached  faster  and  more  efficiently  through  the  introduction  of  a
coherent  framework  for  assessing  the  overall  environmental  performance  of  the
product rather than by addressing individual environmental aspects of these products.
Such a fragmented approach, aiming at specific improvements on individual aspects,
might indeed have negative repercussions on other environmental aspects.

In  conclusion,  the  proposed  framework  Directive  on  eco-design  of  energy-using
products will complement and facilitate  implementation  and  monitoring  of  existing
EU  measures;  it  will  also  provide  the  right  framework  for  addressing  emerging
environmental issues swiftly.

6. 

LEGAL BASIS

The present Directive will regulate the conditions for placing energy-using products
on  the  EU  market  by  harmonising  product-related  environmental  protection
requirements.  The  objective  will  be  to  address  environmental  protection  while
eliminating or avoiding barriers to trade and preventing distortion of competition due
to  possible  divergent  regulatory  systems.  The  focus  is  therefore  on  sustainable
development,  protecting  the  public  interest  while  improving  conditions  for  the
functioning of the internal market and increasing security of energy supply.

It is not the first example of EU legislation based on Article 95 of the Treaty while
having also other policy objectives such as environmental protection: the packaging
and  the  batteries  Directives  in  the  waste  management  area,  as  well  as  the
forthcoming RoHS Directive are based on  Article 95.  A  recently-adopted Directive
on noise from equipment for use outdoors is also based on Article 95. The same goes
for  legislation  on  emissions  from  engines  for  mobile  equipment  (other  than  road
vehicles), for the existing directives on minimum energy efficiency requirements and
for the framework directive on labelling concerning energy consumption of domestic
appliances.

At  the  same  time,  Article  95(3)  of  the  EC  Treaty  explicitly  states  that  "the
Commission  in  its  proposals  […]  concerning  health,  safety,  environmental

19

20

Council Directive 96/61/EC of 24/09/1996 concerning integrated pollution prevention and control (OJ
L 257 of 10/10/1996, p.26)
Regulation  (EC)  761/2001  of  the  European  Parliament  and  of  the  Council  of  19/03/2001  allowing
voluntary participation by organisations in a Community eco-management and audit scheme (EMAS)

12

                                                
protection, and consumer protection, will take as a basis a high level of protection".
Moreover,  Article  95(4)  and  (5)  provides  the  possibility  for  Member  States  to
maintain  or  introduce  national  provisions  relating  to  the  protection  of  the
environment  on  the  grounds  of  a  specific  problem  and  based  on  new  scientific
evidence.

In  conclusion,  Article  95  is  appropriate  for  harmonising  design  requirements  of
products  for  improving  their  environmental  performance  and  increasing  security  of
energy supply.

7. 

EXTERNAL CONSULTATION

The  present  proposal  is  the  outcome  of  the  merger  of  two  initiatives  which  were
previously  being  developed  separately  by  Commission  services:  one  on  the  impact
on  the  environment  of  electrical  and  electronic  equipment  (the  “EEE”  draft
Directive)  and  the  other  on  energy  efficiency  requirements  for  end  use  equipment.
On  EEE  the  formal  consultation  process  began  in  September  2000  with  bilateral
meetings with European  industry  associations.  Large  companies  (Siemens, Phillips,
Motorola,  IBM,  Intel,  Ericsson,  Nokia,  etc.)  and  SME  associations  were  involved.
These meetings were relatively small (25-30 participants)  and  were based  around a
very  informal  working  draft  of  a  directive  in  order  to  focus  attention  on  the  basic
concepts  and  principles  which  needed  to  be  addressed  and  to  identify  key  issues,
rather  than  having  detailed  discussions  on  specific  text.  In  parallel,  bilateral
discussions  took  place  with  environmental  NGOs,  emphasising  the  New  Approach
and  how  it  works,  and  with  CENELEC  standardisers,  to  examine  how  the
standardisation  requirements  for  the  directive  could  be  addressed.  In  November
2000, a much larger multilateral meeting took place with all stakeholders, including
manufacturers, suppliers, waste management facilities, NGOs, and officials from the
Member  States  (approximately  70  people  attended).  In  view  of  the  industrial  and
environmental  dimensions  of  the  initiative,  officials  from  both  ministries  were
invited.  The  meeting  focused  on  the  principles  lying  behind  the  proposal  with  the
aim  of  stimulating  interest  and  creating  a  basic  level  of  understanding  amongst  all
stakeholders.

than  100  representatives  from  Member  States, 

Following this initial round, the Commission services presented a new draft during a
meeting  of  more 
industry,
standardisers,  and  NGOs  in  early  March  2001.  While  some  stakeholders  supported
the need for a legislative framework for introducing environmental considerations in
product design there were also several critical comments concerning the clarity and
possibility of enforcement of the requirements of the EEE working document as well
as  on  the  coherence  of  this  initiative  with  other  existing  or  forthcoming  EU  policy
measures  on  the  environmental  aspects  of  these  products.  Bilateral  discussions  on
this text continued throughout 2001 and a number of practical implementation issues
were  identified;  these  were  potential  difficulties  for  SMEs  and  means  to  address
them,  role  of  standardisation,  life-cycle  thinking  for  introduction  of  environmental
aspects in EEE design and data inventory and declaration process needs. A technical
workshop  with  the  participation  of  more  than  130  participants  was  organised  in
February  2002  to  discuss  these  issues  in  four  parallel  sessions.  The  results  of  this
workshop  as  well  as  the  comments  received  by  the  stakeholders  on  the  working
document were placed on the Internet.

13

In  parallel 
the  draft  framework  Directive  on  minimum  energy  efficiency
requirements was being prepared. Stakeholders have been consulted on the basis of a
working document shadowing an explanatory memorandum and including questions
on the options to retain concerning the main points intended to be addressed in  the
articles. Stakeholders had the possibility to express their views during a workshop on
30April  2002  where  representatives  of  Member  States,  Commission  services,
industry,  consumers  and  NGOs  were  invited  to  participate.  The  minutes  of  the
workshop  were  circulated  together  with  the  comments  made  by  the  stakeholders.
There  was  a  broad  acceptance  of  the  proposed  approach.  However,  representatives
from  the  industry  asked  the  Commission  services  to  avoid  possible  overlapping
and/or contradiction with the EEE initiative.

Following these consultations the Commission services concluded that the objectives
of both initiatives would be better served by a single coherent framework  giving to
the  Community  the  possibility  to  adopt  implementing  measures  for  given  products
when  appropriate  on  the  basis  of  a  number  of  criteria.  At  the  same  time  the
possibility would be created of setting concrete measurable requirements on specific
parameters,  such  as  energy  consumption  during  use.  These  concepts  and  the
corresponding  mechanisms  have  been  incorporated  in  the  present  framework
Directive on eco-design of energy-using products.

self-regulatory  undertakings; 

A first draft of the present framework Directive was presented to the stakeholders for
comments and discussed with them on 18 November 2002. A list of the organisations
represented  in  this  meeting  is  annexed  to  this  explanatory  memorandum.  Some
Member  States’  representatives,  although  favouring  an  integrated  approach,  sought
an assurance that the advent of energy efficiency requirements would not be delayed
by  their  inclusion  in  the  proposed  Directive.  For  the  same  reason,  environment
NGOs  criticised  the  text  and  some  even  asked  that  the  idea  of  merging  the  two
proposals  be  dropped.  Industry  representatives  were  keen  to  maximise  the  possible
role  of 
together  with  consumer  protection
organisations, they welcomed the merger of the two initiatives. Both consumers and
environment  protection  organisations  expressed  concern  about  the  availability  of
resources within the Commission to deal with a sufficient number  of  implementing
measures  and  for  themselves  to  be  able  to  follow  closely  the  preparation  of  those
measures.  Minutes  together  with  comments  received  were  circulated.  Final
contributions were welcomed by 15 December 2002. Many stakeholders  responded
in  writing.  In  general  there  was  an  acceptance  of  the  main  building  blocks
(framework  Directive,  comitology,  legal  basis)  but  doubts  were  voiced  on  certain
aspects  (involvement  of  stakeholders  in  the  preparation  of  implementing  measures,
scope,  enforceability  of  the  generic  requirements,  commitment  to  environmental
targets).  The  comments were  carefully  considered  by  the  Commission  services  and
the text was modified to take them into account as far as possible; these  comments
are  available  on  the  Internet21.  The  revised  text  introduces  a  number  of  important
clarifications  in  the  definitions  and  the  implementation  of  the  generic  eco-design
requirements;  several  technical  aspects  in  the  annexes  have  also  been  improved  in
response to the stakeholders’ comments.

21

http://europa.eu.int/comm/enterprise/electr_equipment/eee/index.htm

14

                                                
8. 

ENVIRONMENTAL IMPACTS

Throughout their life cycle, energy-using products interact with the environment in a
number  of  ways.  The  extraction  (e.g.  metals)  or  production  (e.g.  polymers)  of  the
raw materials, the transformation of these materials into functional components and
the assembly of those in whole equipment pieces are associated with environmental
impacts;  so  are  the  transport  and  installation  and,  obviously,  the  use  of  this
equipment and its management at the end of life.

Examples  of  such  interactions  with  the  environment  are  the  utilisation  of  material
resources,  including  fresh  water,  for  the  manufacturing  but  also  for  the  proper
functioning (e.g. in the form of packaging or consumables such as inks and toners or
detergents) of the products; the  consumption of energy during the various stages of
the life cycle, in particular use; emissions associated with the extraction of materials
(e.g.  from  mining  activities),  manufacturing  (e.g.  cleaning,  surface  treatment
operations),  transport,  use  (e.g.  emissions  of  particles,  NOx,  etc  from  engines)  and
end-of-life  management  (e.g.  possible  emissions  of  ozone-depleting  substances
during the treatment of end of life refrigerators or air conditioning equipment, release
of  toxic  substances  such  as  heavy  metals  during  landfilling  of  electronics  etc.);
generation of waste material throughout the various life-cycle stages, in particular at
the end of the useful life of the product.

For  some  categories  of  energy-using  products,  market  developments  and
technological  progress  may  aggravate  their  environmental  impact;  while  this
aggravation  is  an  obvious  side-effect  of  increased  consumption,  it  can  also
accompany  enhanced  functionality  and  complexity  of  the  products  since  the
improvement of these characteristics may necessitate the use of a  greater variety of
materials,  of  new  materials  etc.  Fast  innovation  in  conjunction  with  modern
consumption  patterns  result  often,  especially  for  consumer  products,  in  frequent
replacement of products, before they reach their end of technical lifetime.

As  an  illustration,  home  appliances  and  office  equipment  account  for  over  25%  of
final  electricity  use  and  are  one  of  the  fastest  growing  sector  of  energy  use22;
domestic  lighting  accounts  for  an  electricity  consumption  representing  17%  of  all
residential  electricity  use23.  About  75%  of  approximately  1.2  million  tonnes  of
special  glass  produced  in  the  EU  are  used  in  electrical  and  electronic  equipment24.
This  equipment  accounts  also  for  approximately  7.3%  of  the  overall  plastics
consumption  in  Western  Europe,  and  the  quantities  used  have  been  rising  steadily
since 1990 (by 25% since 1995).25

In  many  cases,  in  particular  for  long-living  consumer  products  such  as  household
appliances, the use phase and in particular energy consumption during use, have an
overriding role in determining the overall environmental performance of the product;
there  are  however  examples  where  the  production  of  materials  has  the  major  role

22

23

24

25

IEA report on energy labels and standards
« Revising the ecolabel criteria for lamps », 1999. AEA report produced for DG Environment, p.11
data provided by the special glass industry federation in 2003
While  few  types  and  big  pieces  of  plastics  are  used  in  large  appliances,  IT  and  telecom  equipment
(accounting  for  26%  of  the  overall  plastics  consumption  in  electrical  and  electronic  equipment)
incorporates  a  variety  of  polymer  types  Brochure  of  the  Association  of  Plastics  Manufacturers  in
Europe (APME), 2001

15

                                                
(e.g. mobile phones) or where the end-of-life management is a major constituent (e.g.
medical  devices).  Moreover,  it  is  often  not  straightforward  to  identify  one  single
environmental aspect of the product with an overriding role, but trade-offs between
the  various  environmental  aspects  across  the  product’s  life  cycle  must  be  made
during design. For example, while fluorescent lamps are more energy efficient than
incandescent lamps, they require the use of mercury which is a hazardous substance;
in  a  cleaning  machine  reduced  use  of  detergents  will  normally  lead  to  increased
water temperature (and hence higher energy consumption); optimising a product for
weight and/or volume reduction might negatively affect its recyclability.

Further  and  beyond  these  trade-offs  among  environmental  issues,  the  product
designer has to take into account other technical (e.g. safety, functionality) as well as
economic aspects.

It can therefore be concluded that the size and variety of the environmental impacts
of  energy-using  products  require  an  integrated  approach  allowing  in  principle  all
environmental  aspects  of  the  product  to  be  addressed.  Fragmented  attempts  to
optimise  individual  environmental  aspects  risk  shifting  the  problem  elsewhere
instead  of  solving  it,  and  also  depriving  the  designer  of  the  flexibility  to  balance
environmental  and  other  requirements  within  the  product  appropriately.  Obviously,
products will have to comply with any quantitative requirement set by the legislator.

Although  it  is  generally  accepted  that  the  major  environmental  aspects  are  focused
around the use of materials, the consumption of energy and the toxicity of some of
the constituents, it is not possible to establish in advance the priorities and targets to
be achieved for all energy-using products. This can only be done at product level or,
for given environmental parameters, at product family level, which is the appropriate
level for collecting meaningful information and establishing quantitative objectives.

Furthermore, new scientific knowledge or market developments may bring into light
or,  respectively,  create,  hitherto unforeseen needs,  which have to  be addressed  in  a
coherent manner, allowing for quick targeted action. This is ensured by the proposed
framework Directive which establishes clear criteria for the selection of products to
be  subjected  to  eco-design  requirements,  provides  indicators  for  monitoring
the  possibility  for
improvement  of  environmental  performance  and  creates 
introducing quantitative requirements on given aspects when justified.

A clear distinction has  to be made  between  the  actual  environmental  impacts  (e.g.
climate change,  forest degradation due to acid rain, eutrophication, ozone depletion
etc), partly due to products and the environmental aspects of the product which can
be  correlated  to  those  impacts  (energy  consumption  and  emissions  of  greenhouse
gases,  emissions  of  acid  substances,  emissions  of  substances  disturbing  the  oxygen
balance, emission of substances affecting the stratospheric ozone).

Given that the enforcement of a Directive aiming to ensure free movement of goods
and  of  the  implementing  measures  can  only  be  possible  and  transparent  if  it  is
ultimately  based  on  concrete,  measurable  and  comparable  characteristics  of  the
products, and that the actual environmental impact of the product depends not only
on its design but also on the way it is manufactured, used and treated at its end of life
as well as  the  location and  other circumstances of  the  various  life-cycle  stages,  the
proposed  framework  Directive focuses on measurable environmental aspects of  the

16

product  rather  than  on  all  the  actual  environmental  impacts  which  are  difficult  to
quantify and fully evaluate.

Moreover  it  has  to  be  remembered  that  in  many  cases  the  actual  environmental
impacts of the product are beyond the control of the designer and the manufacturer.
For example, the manufacturer may design the product so that is easily recyclable but
be  unable  in  a  global  market  to  effectively  verify  whether  the  product  when  it
becomes waste will be recycled according to the design specifications or indeed even
collected separately. Another example is the energy consumption during use, which
can  vary  considerably  for  the  same  design,  depending  on  consumers’  habits  and
discipline.  Also  the  actual  environmental  impact  from  energy  consumption  varies
considerably depending on the way the energy has been produced: the environmental
impact of producing the same number of kilowatt-hours  of electricity may be quite
different if they have been produced from fossil or renewable sources of energy. This
is why the intention of the framework Directive is to give priority on environmental
aspects of the product that can be influenced in a substantial manner through product
design.

Obviously, the overall impact of the framework Directive will depend on the number
of  implementing  measures  adopted  and  on  the  number  of  self-commitments
concluded by the industry as a consequence of the initiative. It is estimated that the
impact  of  e.g.  requirements  envisaged  on  the  energy  consumption  of  equipment
26 emission reductions would become very substantial
during use and subsequent CO2
in time, reaching 200 million tonnes/year by the  year  2020, when  the all  currently-
installed  equipment  has  been  replaced.  A  more  detailed  evaluation  of  the  potential
effect  of  the  proposed  measure  concerning  CO2  savings  is  given  later  in  this
explanatory memorandum.

9. 

ECONOMIC IMPACT ON MANUFACTURERS

At  this  point  it  is  worth  clarifying  once  more  that  the  present  framework  Directive
will not directly create legal obligations and requirements for manufacturers; this will
happen only when the implementing measures are adopted. Prior to the adoption of
each implementing measure a specific  impact assessment will  be carried out which
will 
terms  of
competitiveness, innovation, market access and costs.

impact  on  manufacturers, 

include  consideration  of 

the 

in 

It should be kept in mind that environmental considerations can be an integral part of
product design and that environmental improvements are often complementary with
other  product  requirements27.  Also,  there  is  increasing  market  demand  from
consumers  and  business  customers  (through  subcontracting  relationships)  but  also
from shareholders for adopting environmentally responsible solutions in general and
environmental management systems in particular28. Promoting a sustainable structure
of  industrial  production,  in  particular  through  the  implementation  of  life-cycle

26

27

28

Based on the Community electricity generation mix forecast for the period in question.
See APPLE, March 2000 –“A case-study of the Power Mac G4 desktop Computer”, p.4

"European SMEs and social and environmental responsibility" p.40

17

                                                
approaches to products, is becoming a driver of growth and productivity, as reflected
in the outcome of the World Summit on Sustainable development in Johannesburg29.

In  some  cases  integration  of  environmental  aspects  in  product  design  during  the
initial phases may incur costs for the adaptation of internal company structures, the
acquisition  of  the  necessary  environmental  information  and  expertise  and  the
implementation  of the  appropriate  design  solutions. Production  and  maintenance  of
conformity  documentation  will  also  create  some  additional  costs;  their  level  will
depend  on  the  degree  to  which  companies  have  already  integrated  environmental
aspects  for  the  above  mentioned  reasons.  For  the  increasing  number  of  companies
which will have done so before an implementing measure is adopted, the cost will be
minimal.

However, even in the cases where some costs do occur, they are expected to decrease
gradually  taking  into  account  that  the  implementation  of  the  Directive  and
standardisation  will  contribute  to  the  greater  availability  of  comparable  data  and
design  tools  in  the  public  domain  and  thus  render  their  use  for  environmental
assessments  easier  and  more  cost-effective.30  Moreover,  experience  has  confirmed
the  hypothesis  that  improvements  to  environmental  performance  also  have  positive
economic repercussions for the manufacturers in terms of direct savings (e.g. reduced
materials  and  energy  costs;  reduced  manufacturing  cost,  for  example  through
reduction  of  time  for  assembly  and  product  optimisation31;  decreased  costs  for
compliance  with  environmental  legislation  such  as  reduced  waste  management  and
pollution abatement costs; enhanced reliability of the products). In particular, design
which facilitates reuse and recycling will reduce manufacturers’ costs for the end-of-
life  management  of  their  products.  Apart  from  these  gains  there  are  also  other
economic benefits such as increased acceptance by customers (private, industrial or
in the context of public procurement) and by financial markets.

These  factors  support  the  assumption  that  the  marginal  cost  for  manufacturers  of
introducing eco-design requirements will not be substantial. In any case, they will be
carefully evaluated in the context of the impact assessments which will accompany
the  implementing  measures.  Furthermore  they  will  apply  to  all  manufacturers
competing on the same market.

29

30

31

“Industrial Policy in an Enlarged Europe”, Communication from the Commission COM(2002)714final
of 11.12.2002
“In terms of business-to-business communications, there are strong market drivers within the sector for
the provision of product environmental information. These include requests for information from public
procurers, voluntary environmental management and eco-design initiatives… As a result, several of the
large multinational end-product manufacturers developed their own supply chain questionnaires, which
typically focused on the hazardous chemical and heavy metal content of the components being supplied.
However,  providing  and  requesting  information  in  different  formats  presented  difficulties  for  both
procurers and suppliers. It made it difficult for procurers to compare the information provided, and from
a supplier’s perspective, filling in different questionnaires is extremely time consuming and inefficient.
As a result there was clearly a need to develop standardised responses and information formats”. Study
for the Commission, DG Environment on Environmental Product Declaration schemes, 2002
reduced time for disassembly increases recyclability for most energy using equipment; by aiming at its
reduction  during  design,  a  reduction  of  the  time  necessary  for  assembly  of  the  product  during
manufacturing  is  simultaneously  achieved.  Reduced  energy  consumption  in  the  internal  circuits  of
electronic equipment will also reduce the waste heat released and therefore the necessity for ventilation,
thereby contributing to simplicity of production and lower costs.

18

                                                
It is highly  likely  that integrating  environmental  considerations  into  product  design
will  lead  to  a  general  improvement  in  manufacturers’  insight  into  the  design  and
manufacturing  process  as  well  as  into  the  supply  chain,  the  distribution  and  the
servicing of their products. This might lead to increased resource productivity and to
a  fall  in  costs  which  will  outweigh  initial  expenses.  This  hypothesis  is  being
confirmed by a number of case studies32. Such a process could be considered similar
to the introduction of quality aspects during the 1980s: instead of proving expensive
or  incompatible  with  other  requirements  on  the  product,  the  systematic  and
generalised  quest  for  quality  has  been  at  the  source  of  many  innovations  and  has
become an integral part of daily life in enterprises33.

These reasons have certainly been important in the decision of a substantial number
of  companies  (especially  larger  ones)  to  introduce  eco-design  activities  over  many
years. For those companies it can reasonably be assumed that the marginal cost of the
Directive will be minimal.

The situation might differ in some respects in the case where manufacturers have no
particular  motivation  to  implement  technical  solutions  that  would  improve  the
environmental  performance.  For  example,  except  where  it  is  properly  promoted
towards  consumers  (e.g.  through  product  labelling)  and  marketed,  manufacturers
usually do not immediately benefit from a better energy efficiency of their products
in  use.  This  means  that  the  establishment  of  eco-design  requirements  will  in  some
cases 
into
consideration.

impose  constraints  on  manufacturers,  which  need 

to  be 

taken 

Therefore particular precautions need be considered such as:

(cid:1)  appropriate  adaptation  period  and  calendar  for  introducing  a  requirement,  with

particular attention to SMEs;

(cid:1)  adequate  balance  between  the  level  of  the  requirement  envisaged  and  its

technical/economical feasibility, including particular market sensitivities;

(cid:1)  suitable  range  of  technological  options  available  to  achieve  the  level  required;

with proprietary solutions ruled out in principle;

(cid:1)  assuring proper and timely consultation;

(cid:1)  maintaining  coherence  and  consistency  with  other  Community  legislation  or
policy  initiatives  (such  as  energy  labelling  classifications,  criteria  for  Eco-
labelling,  restriction of  use of hazardous  substances,  management  of  waste  from
electrical and electronic equipment).

Specific eco-design requirements at Community level have positive implications for
manufacturers in terms of clear rules for engineering, easier enforcement by market
surveillance authorities and minimisation of legal challenge and market uncertainty.

32

33

See report from the GreenPack project “Green is the colour of  money  — Commercial  success stories
from eco-design”, August 2001
See also “Environmental concern in electronics Product development” , G.Johansson, IVF, March 2002

19

                                                
facilitate  cost-effective  compliance  with 

Finally,  systematic  integration  of  environmental  aspects  in  product  design  will
specific  eco-design
significantly 
requirements.  Indeed,  manufacturers  with  a  good  knowledge  of  the  environmental
aspects and potential for improvement of their products will already largely comply
with specific eco-design requirements that may be adopted.

10. 

CONFORMITY ASSESSMENT

Methods  of  assessing  the  conformity  of  products  with  essential  requirements  or
harmonised standards based on the so-called "global approach", have been adopted at
Community  level34,  35  and  have  been  incorporated  in  this  proposal.  A  conformity
assessment procedure based only on self-assessment is proposed as a general rule.

Under  the  self-assessment  mode,  manufacturers  are  required  to  draw  up  technical
documentation  and  accompanying  test  reports  in  support  of  the  declaration  of
conformity they are required to make. All these documents must be kept available for
inspection by the public  authorities  responsible  for  market  surveillance  at  any  time
and  in  particular  if  doubts  arise  about  the  conformity  of  a  particular  model  of
appliance.  These  are  formal  procedures,  which  must  be  followed  before  the
manufacturer  can  legitimately  affix  the  CE  marking,  allowing  the  product  to  be
placed, and to circulate freely, on the Community market. Some commentators have
expressed doubts about the effectiveness of a self-assessment procedure without pre-
market  third  party  intervention.  However  under  the  circumstances  as  described
above, it is felt to be sufficient, all the more so when account is taken of the threat of
prosecution under the appropriate trades description legislation in a country and the
very negative publicity which could accompany a false claim. It is considered that in
principle, such a self-assessment procedure is also more convenient for SMEs.

However  pre-market  procedures  (covering  type-and/or  product  controls  by  third
parties)  might  be  more  appropriate  for  some  particular  products.  Therefore  it  is
proposed to keep the possibility to set these procedures in the specific implementing
measure but only where duly justified and documented.

take 

An  innovative  aspect  of  the  present  proposal  is  that  it  allows  the  use  of
environmental  management  systems  which 
the  product  design  and
environmental  performance  adequately  into  account  as  a  method  for  conformity
assessment.  This  does  not  mean  that  any  product  manufactured  in  a  site  or  by  a
company having an environmental management system according to Annex V of this
proposal  is  deemed  to  comply  with  the  Directive.  The  eco-design  requirements
specified in the applicable implementing measure must be complied with. In the case
where an EMAS certification covering product design is available, it is presumed to
comply with the requirements of Annex V. Article 7(2)§3  gives the  possibility  that
an ISO 14001 system to the extent that it covers product design might be used as a
basis for building an environmental management system according to Annex V.

34

35

Council Resolutions on a global approach to conformity assessment, OJ N° C 10/1 of 16.1.90, p.1.
Council  Decision  90/683/EEC  concerning  the  modules  for  the  various  phases  of  the  conformity
assessment  procedures  which  are  intended  to  be  used  in  technical  harmonisation  directives,  OJ  N°  L
380 of 31.12.1990, p. 13.

20

                                                
11. 

PRESUMPTION OF CONFORMITY

The  Ecolabel  is  an  EU  quality  label  programme  aiming  at  distinguishing  products
that  reach  a  very  high  environmental  performance.  The  process  of  determining  the
criteria  for  awarding  the  Eco-label  is  managed  at  EU  level  through  agreed
institutional  arrangements  ensuring  clear  requirements,  adequate  analysis  and
representation  of  stakeholders.  Eco-labelled  products  are  therefore  presumed  to
conform with eco-design requirements set in this framework where that requirement
is part of the criteria for awarding the label. It is not deemed appropriate to grant the
same  status  to  other  national  or  international  environmental  labels,  which  are  not
under control of the Community legal process.

The  standardisation  could  be  helpful  in  establishing  methods  for  measuring  the
environmental  parameters  identified  in  the  implementing  measures.  In  some  cases
standardisation may be helpful in better describing the parameter (e.g. recyclability)
through simpler physical units/indicators. Moreover, standardisation can be useful in
terms of information supply, databases, checklists etc.

In no case will the standardisers be invited to fix a  limit  for a  given  environmental
aspect.

On the basis of the experience from the implementation of the present Directive and
taking into account developments in other related areas, other means of presumption
of conformity might become available and be used in the future; for example it may
be  appropriate  to  re-evaluate  the  potential  for  the  use  of  Environmental  Product
Declarations  (EPD)  if  an  appropriate  Community  framework  for  their  use  is  put  in
place.

12. 

ASSESSMENT OF THE ENVIRONMENTAL PERFORMANCE AND ECOLOGICAL PROFILE

The ecological profile is a description of the significant environmental aspects of the
product  throughout  its  life  cycle,  expressed  in  terms  of  measurable  inputs  and
outputs.  As  explained  earlier,  the  focus  is  on  contributing  to  the  management  of
environmentally  relevant  aspects  (e.g.  energy  consumption  and  emissions  of
greenhouse  gases,  emissions  of  acid  substances,  emissions  of  substances  disturbing
the oxygen balance, emission of substances affecting the stratospheric  ozone). This
will  lead  to  a  reduction  of  the  environmental  load  associated  with  the  product  and
thereby help to lessen the impacts (e.g. climate change, forest degradation due to acid
rain,  eutrophication,  ozone  depletion)  associated  with  the  product’s  environmental
aspects.  It  is  clear  that  eco-design  requirements  will  be  applied  on  environmental
aspects  of  energy-using  products  which  imply  an  ascertainable  environmental
impact.

In  order  to  establish  the  ecological  profile  it  is  not  obligatory  to  make  a  life  cycle
analysis  (LCA)  according  to  relevant  international  standards;  such  an  obligation
could create a disproportionate financial and human resources burden on enterprises,
in particular SMEs. In addition, it has to be kept in mind that the concept of applying
Life Cycle Analysis is not yet fully mature and the results of such an analysis are not

21

always easy to interpret36. At the same time it is acknowledged that the LCA concept
is  developing  towards  becoming  useful  and  affordable,  even  for  smaller  firms.
Whenever  data  from  LCAs  are  available  and  can  contribute  to  the  creation  of  the
ecological profile, they could be used. Moreover it should be borne in mind that the
intention of the framework Directive is to focus on factors which can be substantially
influenced  through  product  design.  Annex  I  lists  a  number  of  indicators  of
environmental  performance  which  are  generally  deemed  to  be  relevant  for  the
targeted  products.  Implementing  measures  will  include  the  relevant  parameters  for
the products to which they apply.

Much information has been produced on the environmental performance of energy-
using  products,  e.g.  through  studies  already  carried  out  by  companies,  the  studies
prepared in the context of the Eco-label, other publicly available databases and web-
based  eco-design  tools  etc.  This  information  can  be  very  useful  in  establishing  the
ecological  profile.  It  can  be  reasonably  expected  that  specific  industry  sectors  will
develop  systems  dedicated  to  their  products  for  carrying  out  the  analysis;  the
information that will be created and made available in the public domain as a result
of  this  Directive  and  the  implementing  measures  (for  example  following  the
information requirements of Annex I) will also be very helpful in acquiring a more
generally  acceptable  idea  about  which  are  the  appropriate  specific  environmental
parameters;  it  will  therefore  become  increasingly  easy  and  straightforward  to
“measure” and benchmark the environmental performance of products.

The nature and depth of the analysis to be performed must comply with the overall
environmental aim of this draft Directive which is to make the energy-using products
overall more environmentally sound. It should take into account the “state of the art”;
this term does not refer to the latest scientific achievements but reflects a good level
of technical performance taking into account industrial feasibility as well as current
standards and practices. A “reasonable balance” needs to be respected, meaning that
the  manufacturer  needs  to  take  into  account  several  different  requirements  and,  in
order to do so properly, needs flexibility. Standardisation can be helpful but will not
be used for establishing the boundaries on environmental issues.

Some stakeholders have criticised the absence of legally-binding targets and of clear
environmental priorities in Annex I. In this respect it should be mentioned that this is
a  framework  Directive  aiming  at  giving  the  possibility  to  the  Community  to  act
swiftly and adequately for addressing identified and emerging needs and that binding
limits cannot be established at this stage;  however,  the  possibility  to  create them is
clearly described.

In conclusion, Annex I aims to describe a process for making the life-cycle thinking
with  regard  to  environmental  aspects  an  integral  part  of  the  design  process,  for
monitoring  its  results  and  for  supplying  the  necessary  information  to  the  interested
parties so that the design improvements are actually translated into real-life benefits
for  the  environment;  it  does  not  introduce  an  obligation  for  a  full  LCA  of  energy-

36

In particular the assessment of the actual impact on the environment which is an integral part of the ISO
14040  standards’  series,  has  a  number  of  limitations  (spatial  and  temporal  differentiation  of
environmental  processes  and  ecosystems,  absence  of  linear  response  between  system  loading  and  the
environment, different underlying  values  and  principles  of  parties,  leading  to  different  formulation  of
environmental  issues  and  interpretation  of  results)  see  “Evolution  and  development  of  the  conceptual
framework and methodology of life-cycle impact assessment”, SETAC, January 1998

22

                                                
using  products  before  they  are  placed  in  the  market.  The  evaluation  of  the
environmental aspects throughout the product life cycle should be carried out on the
basis of environmentally relevant inputs and outputs; implementing measures which
include generic eco-design requirements will guide this evaluation by specifying the
relevant  eco-design  parameters  for  the  products  that  they  cover,  following  impact
assessment;  this  evaluation  must  be  done  in  such  a  way  that  it  can  reasonably  be
implemented by companies without incurring excessive expenditure.

13. 

METHODOLOGY  TO  ESTABLISH  THE  LEVEL  OF  SPECIFIC  ECO-DESIGN
REQUIREMENTS

The  Directive  also  provides  the  option  of  adopting  implementing  measures
introducing specific eco-design requirements.

Specific  eco-design  requirements  are  quantified  and  measurable  requirements  on  a
selected environmental aspect of the product such as energy consumption during use.
They can be introduced when an important environmental aspect is clearly identified
and justifies action (e.g. energy consumption and associated greenhouse gases in the
context  of  Kyoto).  The  identification  of  such  important  environmental  aspect
emerges from information and analysis covering the entire life cycle of the product.
However,  even  when  such  comprehensive  information  is  not  (yet)  available  but
action  is  deemed  necessary,  specific  eco-design  requirements  can  be  adopted  after
having  checked  that  the  intended  measure  will  result  in  a  reduction  of  the
environmental impact of the product during its life cycle.

An  important  step  in  establishing  specific  eco-design  requirements  is  to  define
accurate  measurement  methods,  which  take  into  account  a  normalised  use  of  the
product  (e.g.  full  or  part  load,  climatic  conditions,  etc.),  performances  and  features
which  provide  extra  comfort  or  utility  to  users.  If  harmonised  standards  for
measurements do not exist already, this is normally achieved through mandates to the
European  standardisation  bodies.  Once 
the  measurement  method  has  been
established, an assessment of the performance of equipment present on the market is
carried  out;  this  allows  the  total  spread  and  the  performance  of  the  average
equipment  to  be  evaluated.  In  accordance  with  the  international  obligations  of  the
EU,  notably  those  of  the  WTO  Agreement  on  Technical  Barriers  to  Trade,
international  standards  should  always  be  taken  into  account  in  the  context  of  the
implementing  measures  unless  they  are  not  effective  or  appropriate  to  achieve  the
intended goals.

Following the market analysis, a technical/economic analysis is carried out, the purpose
of  which  is  to  identify  economically  viable  and  technically  feasible  improvements
without unacceptable loss of performance or utilities to consumers.

The  design  options  that  are  technically  feasible  and  economically  attractive  to
consumers are identified and compared with existing models. The economic advantage
to consumers is quantified by the difference in the life-cycle cost of the product (LCC),
which is the sum of the purchase price and of the operating expenses (primarily energy
but also other resources such as water, detergents, etc.) discounted over the lifetime of
the product.

23

In economic terms, the optimum for consumers corresponds to the minimum of the life
cycle cost. Therefore this level represents in principle a benchmark for setting the level
of the specific eco-design requirement.

However, there are other factors that need to be taken into account, namely:

(cid:1)  Performance  of  the  equipment:  where  the  level  of  the  specific  eco-design

requirement would adversely affect the way the equipment performs;

(cid:1)  Variation  in  the  use  of  the  equipment:  if  a  substantial  group  of  consumers/users
would  be  significantly  disadvantaged,  for  example  because  they  use  the
equipment less often or in a different way from the average consumer;

(cid:1)  Variation in estimates of the value of certain elements (rate of inflation, prices of

consumables, of energy, etc.);

(cid:1)  Affordability of the equipment: if the subsequent price increase would either deter
users from buying the equipment or cause users to hold  onto  and  perhaps  repair
existing inefficient equipment close to its end of life;

(cid:1)  Possible environmental effects - positive and negative - on other resources;

(cid:1)  Impact  on  the  industry:  where  the  level  of  the  specific  eco-design  requirement
would  have  an  impact  on  the  manufacturing  cost  that  could  not  simply  be
reflected in the extra cost/price charged.

(cid:1)  Competition: where the level required would impose a proprietary technology.

This  methodology  has  been  successfully  applied  for  setting  energy  efficiency
requirements  for  equipment.  External  environmental  costs  may  be  included  in  the
sensitivity analysis. A similar approach could be  applied to  other  resources  such as
water. Ongoing R&D work for developing life cycle costing methods for improving
the overall environmental performance of products will be very helpful in potentially
extending the above described methodology to other environmental aspects.

In practice the analysis made to prepare for existing energy efficiency requirements
(and voluntary agreements) has been conservative. In particular it has not taken into
account the  ability of manufacturers to  minimise the cost of achieving the  required
improvements  by  careful  design  and  optimisation  of  the  development  of  new  (or
currently unused) technology that was not considered in the analysis. Experience in
several  countries  has  shown  that  the  real  impact  on  manufacturers  is  less  than  that
predicted by the analysis.

Considering that the impact of a particular requirement depends on numerous factors
specific to each envisaged implementing directive (specific product, precise level of the
efficiency requirement, timing for implementation, speed of technical changes to adapt,
etc.),  detailed  impact  assessments  would  be  meaningful  only  when  carried  out  in  the
context  of  individual  implementing  measures,  taking  into  account  the  market
particularities of the equipment concerned and the likely effect including on SMEs.

In any case an adaptation period is foreseen between the adoption of specific eco-design
requirements and their implementation, with a view to ensure minimising the possible

24

impact on the industry. During this period most suppliers would have replaced some of
their  model  range  in  any  case,  so  there  will  be  considerable  opportunity  to  make
requirement-compliance one of the design criteria for the new models.

Finally, as an alternative or as a complement to the general approach described above,
evidence  made  available  in  the  framework  of  the  work  carried  out  in  the  context  of
other  Community  instruments  (Energy  Labelling  Directive,  Eco-label,  Energy  Star,
etc.) and related studies could also be used as an input, in particular when it comes to
setting efficiency requirements relating to specific functions or consumption modes of
an equipment (e.g. stand-by consumption). Similar programmes from other parts of the
world could also be used as an input in particular as regards products traded worldwide
(e.g. office equipment or  consumer  electronics) for which consistency of  standards  at
international level is of paramount importance for the global competitiveness of the EU
industry.

14. 

EXTERNAL ASPECTS

The implementing measures to be  adopted  on  the  basis  of  the present  draft  Directive
will apply equally to products from EU and third country manufacturers and therefore
no trade barrier or distortion will be created. Experience from other EU legislation (in
particular from New Approach Directives on safety and electromagnetic compatibility
requiring the CE marking) will help to ensure that the obligations are complied with by
all  products  placed  on  the  EU  market,  irrespective  of  the  country  where  they  are
manufactured.  If  necessary,  the  implementing  measures  might  set  out  more  detailed
arrangements  for  the  traceability  of  each  individual  piece  of  equipment.  Potential
impacts of implementing measures on international trade will be carefully considered in
the  context  of  the  impact  assessment  to  be  conducted  prior  to  the  adoption  of  the
implementing measures. Trading partners of the EU will be invited to participate in the
consultation process when preparing the implementing measures, as was the case with
the present Directive. International standards (e.g. from ISO or IEC) will be taken into
account and used in line with the international obligations of the EU, notably those of
the  WTO  Agreement  on  Technical  Barriers  to  Trade.  Finally,  the  adoption  of
implementing measures by the Commission will be subject to prior notification to WTO
to ensure that no barriers to trade will be introduced.

As  regards  acceding  countries  it  should  be  stressed  once  more  that  the  proposed
Directive establishes  a legal  framework the effect of which will materialize only  as a
consequence  of  the  adoption  of  implementing  measures.  Acceding  countries  will  by
that time participate fully to the decision-making process as Member States. In addition,
the  impact  assessment  and  consultation  preceding  the  drafting  of  the  implementing
measures will take account of all stakeholders of the enlarged Union.

15. 

POTENTIAL EFFECT OF THE PROPOSED MEASURE ON CO2 EMISSIONS SAVINGS

To illustrate as an example of the potential of eco-design requirements, reference can
be  made  to  the  very  detailed  investigations  made  to  evaluate  the  energy  efficiency
improvements potential for a large number of energy-using products.  These studies
were used as input for the ECCP (European Climate Change Programme) process to
identify  cost-effective  CO2  reduction  potential.  The  ECCP  gathered  industry
representatives  of  the  major  energy-using  equipment  (CECED,  EACEM,  EICTA,

25

CEMEP, CELMA, EUROPUMP, PNEUROP, ELC), independent experts and other
stakeholders.  Consensus  was  reached  among  the  participants  on  the  potential  cost-
effective savings and the most effective policies to achieve this potential.

The  ECCP  estimated  a  theoretical  case:  the  consumption  of  major  energy-using
products for the residential, tertiary and industry sectors in year 2010, based on the
present  consumption  and  stock  model,  if  no  new  policies  were  introduced  and  no
technological  progress occurs (Business as Usual (BaU)  scenario).  The  participants
also estimated the consumption assuming that the existing stock of equipment would
be gradually replaced by more efficient equipment that is close to the least life-cycle
cost for the user.

The aggregate CO2 emission reduction 1990-2010 for the three sectors was identified
as  follows  (the  total  CO2  emission  increase,  if  no  actions  were  implemented,  is
indicated as well).

CO2
Emissions

CO2
Emissions

CO2
Emissions

CO2
Emissions

Em.

CO2 
Savings

CO2  Em.
Savings

1990

1995

2010

BaU

2010

1990 / 2010

2010BaU /

Policy
scenario

Policy
scenario

Residential
equipment:

- Electricity

307.30

309.10

325.10

255.06

52.24

438

434

327

111

2010
Policy
scenario

70.04

107

-Other fuels for
heating and hot
water37

Industrial equipment:

- Electricity in motor
systems

Tertiary equipment:

- Electricity

- Other fuels for
heating and hot
water38

278.30

284.1

305.78

239.50

38.80

66.28

213.88

243.0

297.86

257.36

-43.48

40.50

37

The ECCP WG 3 has analysed in details the consumption and policy actions related to buildings and in
particular to the heating of buildings. The most important equipment for heating and water heating are
boilers.  A  revision  of  the  efficiency  requirements  (Directive  92/42)  could  results  in  CO2  saving  of
about 35 Mt.

26

                                                
The  analysis  of  energy  saving  potential  indicates  that  the  scope  for  energy  savings
lies  mainly  in  the  following  equipment  sectors,  though  in  practice  the  scope  for
savings  by  implementing  measures  under  this  directive  will  be  smaller,  for  the
reasons  outline  above  (figures  in  brackets  show  the  estimated  CO2  emission
reduction potential):

– 

– 

– 

– 

– 

– 

– 

heating and water heating equipment39 ( 12 Mt CO2 )

electric motor systems ( 39 Mt CO2 )

lighting in both the domestic and tertiary sectors ( 24 Mt CO2 )

domestic appliances ( 12 Mt CO2 )

office equipment in both the domestic and tertiary sectors ( 34 Mt CO2 )

consumer electronics ( 14 Mt CO2 )

commercial HVAC (heating ventilating air conditioning) systems ( 8 Mt CO2)

The ECCP has demonstrated the large potential for CO2 reduction of specific energy
efficiency  requirements.  The  Commission  will  therefore  come  forward  with
implementing  measures  for  energy  efficiency  of  specific  products  as  soon  as  this
Framework Directive is adopted.

16. 

CONCLUSIONS

(cid:1)  The  present  proposal  lays  down  a  comprehensive  and  coherent  legislative
framework for addressing eco-design requirements of energy-using products with
a  view  to  contributing  to  sustainable  development  by  ensuring  their  free
movement  in  the  internal  market,  increasing  security  of  energy  supply  and
promoting a higher level of environmental performance.

(cid:1)  Given  the  responsibilities  of  the  Community  and  the  transboundary  nature  of
these issues the objectives will be better achieved by action at Community level.

(cid:1)  Continuing  to  propose  directives  with  a  high  technical  content  under  the  co-
decision  procedure  as  has  been  done  in  the  past  for  individual  products  would
result  in  slow  progress;  in  line  with  the  recently  proposed  Institutional
Architecture  and  better  regulation  package,  it  is  proposed  that  the  eco-design
requirements  will  be  fixed  in  implementing  measures  through  a  comitology
procedure  after  appropriate  consultation  with  the  interested  parties  and  impact
assessment. In this way a flexible adaptation to technological options and market
sensitivities is ensured and the potential impact of self-regulation by the industry
is reinforced.

38

39

There is a large degree of uncertainty about these figures and the potential savings WG 3 will provide
some figures
It should be noted that the figure applies to electric appliances only, the potential in heating equipment
using other sources of energy being much bigger.

27

                                                                                                                                                        
(cid:1)  The  present  draft  Directive  complements  and  facilitates  implementation  of
existing  EU  measures;  it  also  provides  the  right  framework  for  addressing
emerging environmental issues in a swift way.

(cid:1)  It  is  expected  that  a  systematic  integration  of  environmental  considerations  in
product  design  will  lead  to  increased  resource  productivity  and  reduced  costs
throughout the product life cycle which will outweigh initial expenses, if any. The
experience of the “Energy Labelling Directive” shows that Community legislation in
the field of environmental performance of products can be a win-win-win-win policy
action  (energy,  environment,  consumer  and  industry)  when  appropriate  adaptation
period and consultation process are applied.

17. 

CONTENTS OF THE PROPOSAL

Article 1 defines the objectives and the scope of the framework Directive. Its aim is
to  ensure  free  movement  of  products;  it  contributes  to  sustainable  development
through increased security of energy supply and high environmental protection.

Article  2  includes  the  definitions  of  the  main  terms  and  concepts  used  in  the
proposal;  generic  eco-design  requirements  concern  the  overall  environmental
performance  of  the  product  taking  into  account  the  most  significant  environmental
aspects; specific eco-design requirements refer to  a given environmental aspect and
define appropriate limit values.

Article 3 clarifies that only energy-using products which comply with the applicable
implementing measure, if any, may be placed on the market and Article 4 lays down
provisions for the marking and the declaration of conformity.

Article  5  provides  that  the  free  circulation  of  energy-using  products  may  not  be
hindered  on  grounds  of  eco-design  requirements  if  the  product  complies  with  the
applicable implementing measure.

Taking into account procedures used in existing New Approach Directives, Article 6
sets the procedure for restrictions of placing in the market of products bearing the CE
marking  without  complying  with  the  requirements  of  the  applicable  implementing
measure.

Article  7  lays  down  provisions  for  conformity  assessment.  In  principle  a  self-
assessment  procedure  and  the  availability  of  technical  documentation  without  third
party  intervention  are  considered  sufficient.  The  possibility  to  use  environmental
management systems which include  the  product  design  dimension  is  also  included.
Manufacturers will be given the choice between these two procedures.

Article 8 explains that compliance with the implementing measure is presumed when
the product has been awarded the EU eco-label and  how harmonised standards  can
contribute to presumption of conformity.

Article 9 clarifies some aspects of the procedure for the adoption and publication of
harmonised standards.

Article  10  deals  with  the  issue  of  components  and  sub-assemblies  which  as  such
cannot be the object of an implementing measure under this framework Directive; on

28

the other hand environmental information on these components may be required for
the establishment of the ecological profile by the manufacturer.

Article  11  calls  for  effective  co-operation  between  Member  States  for  the  proper
functioning of the Directive.

Article  12  lays  down  the  criteria  for  selecting  products  to  be  addressed  by
implementing  measures  as  well  as  essential  factors  for  determining  the  content  of
such  implementing  measures.  It  also  clarifies  that  implementing  measures  can
include generic or specific eco-design requirements, or both.

Article 13 provides for the integration as implementing measures of this framework
Directive with regard to energy efficiency during use of the three existing Directives
setting  energy  efficiency  requirements  for  boilers,  refrigerators  and  ballasts  for
fluorescent lighting.

Article 14 defines the procedure (regulatory committee) for adopting implementing
measures

Article 15 concerns the rules on penalties to be laid down by the Member States

Articles  16  and  17  relate 
communautaire.

to 

the  reduction/simplification  of 

the  acquis

Articles 18-20 deal with administrative aspects of the proposal.

Annex I describes the process and the relevant parameters  for  the establishment of
the ecological profile by the manufacturer of products covered by  an  implementing
measure setting generic eco-design requirements.

Annex  II  outlines  the  method  for  setting  the  level  of  specific  eco-design
requirements.

Annex III sets provisions about the CE marking.

Annexes  IV and V  describe  procedures  available  to  the  manufacturer  for  ensuring
and  declaring  that  its  EuP  satisfies  the  provisions  of  the  applicable  implementing
measure.

Annex VI lays down the details required for the declaration of conformity.

Annex VII defines the main elements that an implementing measure shall include.

29

ANNEX
Organisations present in the stakeholders meeting of 18/11/2002

Belgium:

Belgium:

Belgium:

Belgium:

Belgium:

Belgium:

Permanent Representation

Département de l’environnement

Ministère des affaires économiques

Ministère  de  la  Région  wallone  –  département  de
l’office des déchets (DGRNE)

IBGE Brussels Environment Administration

OVAM Public Waste agency of the Flemish region

Denmark:

ENS Danish energy authority

Denmark:

MST Danish environmental protection agency

Finland:

Ministry of Trade and Industry

France:

France:

France:

Ministère de l’économie,des finances et de l’industrie

Ministère de l’écologie et du développement durable

DIGITIP:  département  du  ministère  de  l’économie,
des finances et de l’industrie

Germany:

Ministry of environment

Germany:

German Energy Agency

Ireland:

Italy:

Department of Enterprise, Trade and Employment

ENEA Ente Nazionale per le Energie Alternative

Netherlands:

Environment ministry of the Netherlands

Netherlands:

Ministry of Economic Affairs of the Netherlands

Norway

Spain:

Sweden:

Sweden:

Mission of Norway to the EU

Permanent Representation: Environment attaché

Ministry of Industry

Ministry of Environment

United Kingdom:

Department of Trade and Industry

United Kingdom:

DEFRA  (Department  for  the  Environment,  Food  and
Rural Affairs)

30

AeA Europe:

American Electronics Association

AENOR:

Spanish national standardisation organisation

ANEC:

ANIE:

Consumers’ NGO

Italian industry association of electrical and electronic
industries

Apple:

Manufacturer

ASERCOM:

Association  of  European  Refrigeration  Compressors
and Controls Manufacturers

AVAYA Inc. :

Manufacturer

BEUC:

CAPIEL:

CECAPI:

CECED:

CECIMO:

CELMA:

Consumers’ NGO

European  federation  of  Electrical  Switchgear  and
Controlgear manufacturers

European  committee  of 
manufacturers

installation  equipment

European 
manufacturers

federation 

of 

domestic 

appliances

European Committee for Co-operation of the Machine
Tool Industries

Federation  of  lamps  and  luminaires’  industries  of
Europe

CENELEC:

European Standardisation body

COCIR:

European 
manufacturers

federation 

of  medical 

equipment

DAIKIN Europe: Manufacturer

DI:

DIN:

E.H.I:

ECOS:

EEB:

EFCEM:

Confederation of Danish industry

German national standardisation organisation

Association of the European Heating Industry

European  Environmental  Citizen  organisation  for
standardisation

European Environment Bureau, Environmental NGO

European 
manufacturers

federation 

of 

catering 

equipment

31

EFTA Secretariat: European Free Trade Association

EHA:

EICTA:

Electronics
Coalition:

EPEE:

EPTA:

ESIA:

Swedish association for appliance manufacturers,

EU  association  of  ICT  and  consumer  electronics’
industries

Industry association

Industry association for refrigerants

European Power Tool Association

European Semiconductors Industry Association

EU Committee:

American Chamber of Commerce

EURELECTRIC: Union of the Electricity industry

Eurocommerce:

Retail, 
representation in the EU

wholesale 

and 

international 

trade

EUROMOT:

European  Association  of  internal  Combustion  Engine
Manufacturer

EVA:

FEE:

FIEEC:

European Vending Association

Belgian 
electronic industries

industry  association  of  electrical  and

French  industry  association  of  electrical,  electronic
and communication industries

Fujitsu Limited:

Manufacturer

General Electric: Manufacturer

IEA:

Intel:

JBCE:

JISC:

International Energy Agency

Manufacturer

Japanese Business Council in Europe

Japanese Industrial Standards Committee

Lucent
Technologies:

Manufacturer

Marcogaz:

Technical association of the European gas industry

ORGALIME:

Federation  of  mechanical,  electrical,  electronic  and
metalworking industries of Europe

32

Remanufactured: Association  of 

inkjet/toner  cartridges  reuse  and

Schneider
Industry:

TIE:

recycling industry

Manufacturer

Federation of Toys’ Industries of Europe

UEAPME:

European federation of small and medium enterprises

UNICE:

Confederation of European Industries

WKÖ:

WWF:

Austrian Chamber of Commerce

Environmental NGO

33

2003/0172 (COD)

Proposal for 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

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
95 thereof,

Having regard to the proposal from the Commission40,

Having regard to the opinion of the European Economic and Social Committee41,

Having regard to the opinion of the Committee of the Regions42,

Acting in accordance with the procedure laid down in Article 251 of the Treaty43,

Whereas:

(1) 

(2) 

The disparities between the laws or administrative measures adopted by the Member
States as regards the eco-design of energy using products can create barriers to trade
and distort  competition  in the Community and  may  thus have a  direct  impact on  the
establishment  and  functioning  of  the  internal  market.  The  harmonisation  of  national
laws is the only means to prevent such barriers to trade and unfair competition.

Energy  using  Products  (hereafter  "EuP)  account  for  a  large  proportion  of  the
consumption  of  natural  resources  and  energy  in  the  Community.  They  also  have  a
number  of  other  important  environmental  impacts.  For  the  vast  majority  of  product
the  Community  market,  very  different  degrees  of
categories  available  on 
environmental 
they  provide  similar  functional
performances. In the interest of sustainable development, continuous improvement in
the  overall  environmental  impact  of  those  products  should  be  encouraged,  notably
when this improvement does not entail excessive costs.

impact  can  be  noted 

though 

(3) 

A coherent framework for the application of Community eco-design requirements for
EuPs  should  be  established  with  the  aim  of  ensuring  the  free  movement  of  those
products  which  comply  and  of  improving  their  overall  environmental  impact.  Such
Community requirements should respect the principles of international trade.

40

41

42

43

OJ C […], […], p.[…]
OJ C […], […], p.[…]
OJ C […], […], p.[…]
OJ C […], […], p.[…]

34

                                                
(4) 

(5) 

(6) 

(7) 

This  Directive  seeks  to  achieve  a  high  level  of  protection  for  the  environment  by
improving  resource  efficiency  of  EuPs,  which  will  ultimately  be  beneficial  to
consumers  and  other  end  users.  Sustainable  development  also  requires  proper
consideration  of  the  health,  social  and  economic  impact  of  the  measures  envisaged.
Improving  the  energy  efficiency  of  products  contributes  to  the  security  of  energy
supply which is a precondition of sound economic activity and therefore of sustainable
development

The  approach  set  out  in  the  Green  Paper  on  Integrated  Product  Policy44,  which  is  a
major  innovative  element  of  the  6th  Environment  Action  Programme  laid  down  in
Decision No 1600/2002/EC of the European Parliament and of the Council45, aims to
reduce  the  environmental  impacts  of  products  across  the  whole  of  their  life  cycle.
Considering  at  the  design  stage,  a  product’s  environmental  impact  throughout  the
whole life cycle has a high potential to facilitate environmental improvement in a cost-
effective  way.  There  should  be  sufficient  flexibility  to  enable  those  factors  to  be
integrated  in  product  design  whilst  taking  account  of  technical,  functional  and
economic considerations.

It  may  be  necessary  and  justified  to  establish  specific  quantified  eco-design
requirements  for  some  products  or  environmental  aspects  thereof  in  order  to  ensure
that  their  environmental  impact  is  minimised.  Such  priority  measures  should  be
introduced  taking  into  account,  in  particular,  their  potential  for  reducing  greenhouse
gases emissions at low cost. Such measures can  contribute to the achievement of the
goal  set  in  the  Kyoto  Protocol  to  the  United  Nations  Framework  Convention  on
Climate  Changes  (UNFCCC),  approved  by  Council  Decision  2002/358/EC46,  which
calls for an 8% reduction in emissions of greenhouse gases for the Community by the
year 2012 as well as to further reductions beyond 2012. They can also contribute to a
sustainable  use  of  resources  and  constitute  a  major  contribution  to  the  ten-year
framework  of  programmes  on  sustainable  production  and  consumption  agreed  at  the
World Summit on Sustainable Development in Johannesburg in September 2002.

The level of  eco-design  requirements  should normally be established  on  the  basis  of
technical,  economic  and  environmental  analysis.  Flexibility  in  the  method  for
establishing the level of requirements can make swift improvement of environmental
performance easier. The setting of mandatory measures requires proper consultation of
the  parties  involved.  Such  consultation  may  highlight  the  need  for  a  phased
introduction or transitional measures. The introduction of interim targets increases the
predictability of the policy, allows for accommodating product development cycle and
facilitates long term planning for the interested parties.

(8) 

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  less
costly  than  mandatory  requirements.  Legislative  measures  can  be  needed  where  the
market forces fail to evolve in the right direction or at an acceptable speed.

44

45

46

COM(2001)68final
OJ L 242, 10.9.2002, p. 1
OJ L 130, 15.5.2002, p.1

35

                                                
(9) 

EuPs  complying  with  the  eco-design  requirements  laid  down  in  implementing
measures to this Directive should bear the “CE” marking and associated information,
in order to enable them to be put on the internal market and move freely.

(10)  Regard  should  be  given  to  the  modules  and  rules  intended  for  use  in  technical
harmonisation  Directives  set  out  in  Council  Decision  93/465/EEC  of  22  July  1993
concerning  the  modules  for  the  various  phases  of  the  conformity  assessment
procedures and the rules for the affixing and use of the CE conformity marking47.

(11)  Surveillance  authorities  should  exchange  information  on  the  measures  envisaged
within the scope of this Directive with a view to improving surveillance of the market.
Such co-operation should make the utmost use of electronic means of communication
and relevant Community programmes.

(12) 

It is in the interest of the  functioning  of  the  internal market to  have  standards which
have been harmonised at Community level. Once the reference to such a standard has
been  published  in  the  Official  Journal  of  the  European  Union,  compliance  with  it
should raise a presumption of conformity with the corresponding requirements set out
in  the  implementing  measure  adopted  on  the  basis  of  this  Directive,  although  other
means of demonstrating such conformity should be permitted.

(13)  Harmonised  standards  are 

technical  specifications  adopted  by 

the  European
Standardisation  bodies,  as  referred  to  in  Annex  I  to  Directive  98/34/EC  of  22  June
1998  of  the  European  Parliament  and  the  Council  laying  down  a  procedure  for  the
provision  of  information  in  the  field  of  technical  standards  and  regulations  48,  on
mandates  given  by  the  Commission  in  conformity  with  that  Directive  and  in
accordance with the general guidelines for co-operation between the Commission and
those  bodies.  In  the  interest  of  international  trade,  international  standards  should  be
used wherever appropriate.

(14)  This Directive is in accordance with the principles for the implementation of the new
approach  as  set  out  in  the  Council  Resolution  of  7 May 1985  on  a  new  approach  to
technical  harmonisation  and  standards49  and  of  making  reference  to  harmonised
European standards. The Council Resolution of 28 October 199950 recommended that
the  Commission  should  examine  whether  the  New  Approach  principle  could  be
extended  to  sectors  not  yet  covered  as  a  means  of  improving  and  simplifying
legislation wherever possible.

(15)  Synergies and complementarity of this Directive with existing Community instruments
such  as  Council  Directive  92/75/EEC  of  22  September  1992  on  the  indication  by
labelling  and  standard  product  information  of  the  consumption  of  energy  and  other
resources by  household  appliances51,  Regulation  (EC)  N°1980/2000  of  17  July  2000
on a revised Community eco-label award scheme52, Regulation (EC) N°2422/2001 of
6 November 2001 on a Community energy efficiency labelling programme for office

47

48

49

50

51

52

OJ L 220 of 30.8.1993, p. 23
OJ L 204 of 21.07.1998, p. 37, as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p.18)
OJ C 136, 4.6.1985, p. 1.
OJ C 141, 19.5.2000, p.1.
OJ L 297, 13.10.1992, p.. 16.
OJ L 237, 21.9.2000, p. 1.

36

                                                
equipment53,  Directive  2002/96/EC  on  waste  from  electrical  and  electronic
equipment54, Directive 2002/95/EC  on the  restriction of the use  of  certain  hazardous
substances  in  electrical  and  electronic  equipment55  should  contribute  to  increasing
their respective impact and building coherent requirements for manufacturers to apply.

(16)  Since  Council  Directive  92/42/EEC  of  21  May  1992  on  efficiency  requirements  for
new hot-water boilers fired with liquid or gaseous fuels56, Directive 96/57/EC  of the
European  Parliament  and  of  the  Council  of  3  September  1996  on  energy  efficiency
requirements for household electric refrigerators, freezers and combinations thereof57
and Directive 2000/55/EC  of 18 September  2000 of  the  European  Parliament  and  of
the  Council  on  energy  efficiency  requirements  for  ballasts  for  fluorescent
lighting58already  contain  provisions  for  the  revision  of  the  energy  efficiency
requirements, they should be integrated into the present framework.

(17)  Directive 92/42/EEC provides for a star rating system intended to ascertain the energy
performance of boilers. Since Member States and the industry agree that the star rating
system has proved not to deliver the expected result, Directive 92/42/EEC  should  be
amended accordingly.

(18)  The requirements laid down in Council Directive 78/170/EEC of 13 February 1978 on
the performance of heat generators for space heating and the production of hot water
in new or existing non-industrial buildings and on the insulation of heat and domestic
hot-water  distribution  in  new  non-industrial  buildings59  have  been  superseded  by
provisions of Directive 92/42/EEC, Council Directive 90/396/EEC of 29 June 1990 on
the  approximation  of  the  laws  of  the  Member  States  relating  to  appliances  burning
gaseous  fuels60  and  Directive  2002/91/EC  of  the  European  Parliament  and  of  the
Council  of  16  December  2002  on  the  energy  performance  of  buildings61.  Directive
78/170/EEC should therefore be repealed.

(19)  Directive  86/594/EEC  of  1  December  1986  on  airborne  noise  emitted  by  household
appliances62 lays down the conditions under which publication of information on the
noise  emitted  by  such  appliances  may  be  required  by  Member  States,  and  defines  a
procedure to determine the level of noise. For harmonisation purposes noise emissions
should be  included in an integrated assessment of  environmental performance. Since
this Directive provides for such an integrated approach, Directive 86/594/EEC should
be repealed.

(20)  The measures necessary for the implementation of this Directive should be adopted in
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the
procedures for the exercise of implementing powers conferred to the Commission63.

53

54

55

56

57

58

59

60

61

62

63

OJ L 332, 12.12.2001, p..1.
OJ L37, 13.02.2003, p.24
OJ L37, 13.02.2003, p.19
OJ L 167, 22.6.1992, p. 17.
OJ L 236, 18.9.1996, p. 36.
OJ L 279, 1.11.2000, p. 33.
OJ L 52, 23.2.1978, p. 32, as amended by Directive 82/885/EEC (OJ L 378, 31.12.1982, p.19).
OJ L 196, 26.7.1990, p. 15, as amended by Directive 93/68/EEC.
OJ L 1, 4.1.2003, p. 65.
OJ L 344, 6.12.1986, p.24
OJ L 184, 17.07.1999, p.23

37

                                                
(21)  Member  States  should  determine  the  penalties  to  be  applied  in  the  event  of
infringements  of  the  national  provisions  adopted  pursuant  to  this  Directive.  Those
penalties should be effective, proportionate and dissuasive.

(22)  Since  the  objectives  of  the  proposed  action,  namely  to  ensure  the  functioning  of  the
internal  market  by  requiring  products  to  reach  an  adequate  level  of  environmental
performance, cannot be sufficiently achieved by Member States acting alone and can
therefore, by reason of their scale and effects, be better achieved at Community level,
the Community may adopt measures, in accordance with the principle of subsidiarity
as  set  out  in  Article  5  of  the  Treaty.  In  accordance  with  the  principle  of
proportionality,  as  set  out  in  that  Article,  this  Directive  does  not  go  beyond  what  is
necessary in order to achieve those objectives,

HAVE ADOPTED THIS DIRECTIVE:

Article 1
Subject matter and scope

1. 

This Directive establishes a framework  for the integration of environmental aspects
in  product  design  and  development  to  ensure  the  free  movement  of  energy-using
products within the internal market.

It  provides  for  the  definition  of  requirements  which  the  energy  using  products
covered  by  implementing  measures  must  fulfil  with  a  view  to  their  placing  on  the
market.  It  contributes  to  sustainable  development  by  increasing  security  of  energy
supply and by aiming at a high level of environmental protection.

2. 

This Directive shall not apply to means of transport for persons or goods by inland,
sea and air.

Article 2
Definitions

For the purposes of this Directive the following definitions shall apply:

(1)

(2)

(3)

“Energy-using Product (EuP)” means a product which is dependent on energy input
(electricity,  fossil  and  renewable  fuels)  to  work  as  intended  and  a  product  for  the
generation,  transfer  and  measurement  of  such  energy,  including  parts  which  are
intended to  be incorporated  into  EuP  which  are  placed  on  the  market  as  individual
parts  for  end-users,  the  environmental  performance  of  which  can  be  assessed
independently;

“Components and sub-assemblies” means parts intended to be incorporated into EuP,
and  which  are  not  placed  on  the  market  as  individual  parts  for  end  users  or  the
environmental performance of which can not be assessed independently;

"Implementing measures" means measures adopted pursuant to this Directive laying
down  eco-design  requirements  which  are  necessary  for  achieving  the  aim  of  this
Directive for defined EuPs or for environmental aspects thereof;

38

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

"Placing  on  the  market"  means  making  a  EuP  available  for  the  first  time  on  the
Community  market  with  a  view  to  its  distribution  or  use  within  the  Community
whether for reward or free of charge;

“Manufacturer” means any natural or legal person responsible for the conformity of
an EuP with this Directive in view of its placing on the market under its own name or
trademark or for its own use;

“Authorised  representative”  means  any  natural  or  legal  person  established  in  the
Community  who,  explicitly  designated  by  the  manufacturer,  acts  on  its  behalf  and
may  be  addressed  by  authorities  and  bodies  in  the  Community  instead  of  the
manufacturer with regard to the latter’s obligations under this Directive;

“Materials” means raw materials, intermediate products and auxiliary materials

“Product  design”  means  the  set  of  processes  that  transform  legal,  technical,  safety,
functional, market or other requirements to be met by the product into the technical
specification of a EuP;

“Environmental aspect” means an element or function of a EuP that can interact with
the environment;

“Environmental  impact”  means  any  adverse  change  to  the  environment,  wholly  or
partially resulting from EuPs;

“Life cycle” means the consecutive and interlinked stages of a EuP from its design to
its final disposal;

(12)

“End of life” means state of a EuP having reached the end of its first use;

(13)

(14)

(15)

(16)

(17)

“Re-use” means any operation by which a EuP or its components, having reached the
end of their first use, are used for the same purpose for which they were conceived,
including  the  continued  use  of  a  EuP,  which  is  returned  to  collection  points,
distributors,  recyclers  or  manufacturers,  as  well  as  re-use  of  a  EuP  following
refurbishment;

“Recycling”  means  the  reprocessing  in  a  production  process  of  waste  materials  for
the  original  purpose  or  for  other  purposes  but  excluding  energy  recovery.  Energy
recovery means the use of combustible waste as a means to generate energy through
direct incineration with or without other waste but with recovery of the heat;

“Recovery”  means  any  of  the  applicable  operations  provided  for  in  Annex  II  B  to
Council Directive 75/442/EEC64;

“Waste”  means  any  substance  or  object  in  the  categories  set  out  in  Annex  I  to
Directive 75/442/EEC which the holder discards or intends or is required to discard;

“Ecological  profile”  means  a  description,  in  accordance  with  the  implementing
measure  applicable  to  the  EuP,  of  the  inputs  and  outputs  including,  as  appropriate,
raw  materials,  intermediate  products,  emissions  and  waste,  associated  with  a  EuP

64

OJ L 194, 25.07.1975, p. 39.

39

                                                
(18)

(19)

(20)

(21)

(22)

(23)

(24)

throughout  its  lifecycle  which  are  significant  from  the  point  of  view  of  its
environmental impact and are expressed in physical quantities that can be measured;

“Environmental  performance”  of  a  EuP  means  the  results  of  the  manufacturer’s
management of  the  environmental  aspects  of  the  EuP,  as  reflected  in  its  ecological
profile;

“Improvement of the environmental  performance” means the process of enhancing,
the  overall  environmental  performance  of  a  EuP,  over  successive  generations,
although  not  necessarily  in  respect  of  all  environmental  aspects  of  the  product
simultaneously;

“Eco-design” means the systematic integration of environmental aspects into product
design  with  the  aim  to  improve  the  environmental  performance  of  the  EuP
throughout its whole life cycle;

“Eco-design requirement” means any requirement in relation to a EuP, or the design
of a EuP, intended to improve its environmental performance or any requirement for
the supply of information with regard to the environmental aspects of a EuP;

“Generic  eco-design  requirement”  means  any  eco-design  requirement  based  on  the
ecological profile as a whole and not setting limit values on particular environmental
aspects;

“Specific  eco-design  requirement”  means  a  quantified  and  measurable  eco-design
requirement  relating  to  a  particular  environmental  aspect  of  a  EuP,  such  as  energy
consumption during use, calculated for a given unit of output performance;

« Harmonised  standard »  means  a  technical  specification  adopted  by  a  recognised
standards  body  under  a  mandate  from  the  Commission  in  accordance  with  the
procedures  laid  down  in  Directive  98/34/EC  for  the  purpose  of  establishing  a
European requirement, compliance with which is not compulsory.

Article 3
Placing on the market and putting into service

Member  States  shall  take  all  appropriate  measures  to  ensure  that  EuP  covered  by
implementing  measures  may  be  placed  on  the  market  and/or  put  into  service  only  if  they
comply with those measures.

Article 4
Marking and declaration of conformity

1.

2.

3.

Before  a  EuP  covered  by  implementing  measures  is  placed  on  the  market,  CE
conformity marking shall be affixed and a declaration of conformity issued, whereby
the  manufacturer  or  its  authorised  representative  ensures  and  declares  that  the  EuP
complies with all relevant provisions of the applicable implementing measure.

The CE conformity marking consists of the initials “CE” as shown in Annex III.

The declaration of conformity shall contain the elements specified in Annex VI.

40

4.

5.

1.

2.

1.

2.

The affixing of markings on EuP which are likely to mislead users as to the meaning
or form of the CE marking shall be prohibited.

Member States may require the information to be supplied pursuant to part 2.3(n) of
Annex  I  to  be  in  their  official  language(s)  when  the  EuP  reaches  the  final  user.
Member States may also authorise this to be provided in one or more other official
Community language(s).

When  applying  the  first  subparagraph,  Member  States  shall  take  into  account  in
particular:

(a) 

(b) 

whether the information can be supplied by harmonised symbols or recognised
codes or other measures;

the type of user anticipated for the EuP and the nature of the information which
is to be provided.

Article 5
Free movement

Member  States  shall  not  create  any  obstacle  to  the  placing  on  the  market  and/or
putting into service, within their territories, on  grounds of eco-design requirements,
of  a  EuP  that  complies  with  all  the  relevant  provisions  of  the  applicable
implementing measure and bears the CE marking in accordance with Article 4.

Member States shall not prevent the showing, for example at trade fairs, exhibitions
and demonstrations,  of  EuP which are  not in conformity  with  the  provisions  of  the
applicable implementing measure, provided that a visible sign clearly indicates their
non-conformity  and  the  fact  that  they  are  not  available  for  sale  until  brought  into
conformity.

Article 6
Restriction of placing on the market

Where a Member State ascertains that a EuP bearing the CE marking referred to in
Article 4 and used in accordance with its intended use, does not comply with all the
relevant  provisions  of  the  applicable  implementing  measure,  and/or  that  the  CE
marking  has  been  fixed  unduly,  the  manufacturer  or  its  authorised  representative
shall  be  obliged  to  make  the  EuP  comply  with  the  provisions  of  the  applicable
implementing  measure  and/or  with  the  CE  marking  and  to  end  the  infringement
under conditions imposed by the Member State.

Where  non  compliance  continues,  the  Member  State  shall  restrict  or  prohibit  the
placing on the market of the EuP in question or ensure that it is withdrawn from the
market.

Any  decision  by  a  Member  State  pursuant  to  this  Directive  which  restricts  the
placing on  the market  and/or the putting into  service  of  a  EuP  shall  state  the  exact
grounds on which it is based.

Such  decision  shall  be  notified  forthwith  to  the  party  concerned,  who  shall  at  the

41

same time be informed of the legal remedies available under the laws in force in the
Member State concerned and of the time limits to which such remedies are subject.

3.

The Member State shall immediately inform the Commission and the other Member
States of any measure referred to in paragraph 1, indicating the reasons therefor, and,
in particular, whether non-compliance is due to:

(a) 

failure to satisfy the requirements of the applicable implementing measure;

(b) 

incorrect application of the harmonised standards referred to in Article 9(2);

(c) 

shortcomings in the harmonised standards referred to in Article 9(2).

4.

The  Commission  shall  enter  into  consultation  with  the  parties  concerned  without
delay  and  may  draw  upon  technical  advice  from  independent  external  experts.

Where,  following  that  consultation,  the  Commission  considers,  that  the  measure  is
justified, it shall immediately inform the Member State which took the initiative and
the other Member States to that effect.

Where the Commission considers that the measure is unjustified, it shall immediately
inform the Member States to that effect.

Where the decision referred to in the first subparagraph of paragraph 1 of this Article
is  based  on  a  shortcoming  in  the  harmonised  standards,  the  Commission  shall
immediately  initiate  the  procedure  set  out  in  Article  9  (2),  (3)  and  (4).  The
Commission shall at  the  same  time  inform  the  Committee  referred  to  in  Article  14
(1).

Where  a  EuP,  which  does  not  comply  with  all  the  relevant  provisions  of  the
applicable  implementing  measure,  bears  the  CE  marking,  the  Member  State
concerned  shall  take  appropriate  action  against  the  manufacturer  or  its  authorised
representative having affixed the CE marking and shall inform the Commission and
the other Member States to that effect.

The  Member  States  and  the  Commission  shall  take  the  necessary  measures  to
guarantee confidentiality with regard to information provided during that procedure,
where justified.

The decisions taken by Member States pursuant to this Article shall be made public.

The  Commission's  opinion  on  those  decisions  shall  be  published  in  the  Official
Journal of the European Union.

Article 7
Conformity assessment

Before  placing  a  EuP  covered  by  implementing  measures  on  the  market,  the
manufacturer shall perform a conformity assessment of the EuP with all the relevant
provisions of the applicable implementing measure.

5.

6.

7.

8.

1.

42

2.

3.

4.

5.

1.

2.

The  conformity  assessment  procedures  shall  be  specified  by  the  implementing
measures  and  shall  leave  to  manufacturers  the  choice  between  the  internal  design
control  set  out  in  Annex  IV  and  the  environmental  management  system  set  out  in
Annex  V.  When  duly  justified  and  proportionate  to  the  risk,  the  conformity
assessment  procedure  shall  be  specified  among  modules  B,C,D,E  as  described  in
Decision 93/465/EEC.

If  a  EuP  covered  by  implementing  measures  is  designed  by  an  organisation
registered  in  accordance  with  Regulation  (EC)  No  761/2001  of  the  European
Parliament and of the Council65 and the design function is included within the scope
of that registration, the environmental management scheme of that organisation shall
be presumed to comply with the requirements of Annex V to this Directive.

If a EuP covered by implementing measures is designed by an organisation having an
environmental management  system which includes  the product  design  function  and
which  is  implemented  in  accordance  with  harmonised  standards,  the  reference
numbers  of  which  have  been  published  in  the  Official  Journal  of  the  European
Union, that environmental management system shall be presumed to comply with the
corresponding requirements of Annex V.

After  placing  a  EuP  covered  by  implementing  measures  on  the  market,  the
manufacturer or its authorised representative shall keep relevant documents relating
to  the  conformity  assessment  performed  and  declarations  of  conformity  issued
available for inspection by Member States for a period of 10 years after the last EuP
has been manufactured.

The  relevant  documents  shall  be  made  available  within  10  days  upon  receipt  of  a
request by the competent authority of a Member State.

Where the manufacturer is not established within the Community and in the absence
of an authorised  representative, the obligation  to ensure  that the  EuP  placed  on  the
market conforms with the requirements of the applicable implementing measure shall
lie with the person placing the EuP on the Community market.

Documents  relating  to  the  conformity  assessment  and  declaration  of  conformity
referred  to  in  Article  4  shall  be  drawn  up  in  one  of  the  official  languages  of  the
Community.

Article 8
Presumption of conformity

Member States shall regard EuP bearing the CE marking referred to in Article 4 as
conforming to the relevant provisions of the applicable implementing measure.

EuP  for  which  harmonised  standards  have  been  applied,  the  reference  numbers  of
which have been published in the Official Journal of the European  Union, shall  be
presumed to comply with all the relevant provisions of the applicable implementing
measure to which such standards relate.

65

OJ L 114, 24.04.2001, p.1

43

                                                
3.

1.

2.

3.

4.

EuP  which  have  been  awarded  the  Eco-label  pursuant  to  Regulation  (EC)  No
1980/2000  shall  be  presumed  to  comply  with  the  eco-design  requirements  of  the
applicable implementing measure insofar as those requirements are met by the Eco-
label.

Article 9
Harmonised Standards

Member States shall ensure that appropriate measures are taken to enable interested
parties to be consulted at national level on the process of preparing  and monitoring
the harmonised standards.

Where a Member State or the Commission considers that the harmonised standards,
the  application  of  which  is  deemed  to  satisfy  specific  provisions  of  an  applicable
implementing measure, do not entirely satisfy those, the Member State concerned or
the  Commission  shall  inform  the  Standing  Committee  set  up  by  Article  5  of
Directive 98/34/EC to that effect giving the reasons.

The Committee shall issue an opinion as a matter of urgency.

In the light of the Committee’s opinion, the Commission shall decide to publish, not
to  publish,  to  publish  with  restriction,  to  maintain  or  to  withdraw  the  references  to
the harmonised standards concerned in the Official Journal of the European Union.

The Commission shall inform the European Standardisation body concerned and, if
necessary,  issue  a  new  mandate  with  a  view  to  the  revision  of  the  harmonised
standards concerned.

Article 10
Requirements for components and sub-assemblies

In  accordance  with  implementing  measures,  Member  States  shall  ensure  that
manufacturers  of  components  or  sub-assemblies  of  EuP  provide,  at  the  request  of
other manufacturers making use of the component or sub-assembly in a EuP covered
by an implementing measure, all information necessary for the establishment of the
ecological profile of the EuP.

In  particular,  implementing  measures  may  require  manufacturers  to  provide
information  on  the  material  composition  and  the  consumption  of  energy  and/or
resources  of  the  components  or  sub-assemblies  they  produce,  and  where  available,
the results of environmental assessments and/or case reference studies which relate to
the use and end-of-life management of the components or sub-assemblies concerned.

Article 11
Administrative co-operation and exchange of information

1.

Member States shall designate the authorities responsible for applying this Directive.

They  shall  encourage  those  authorities  to  co-operate  with  each  other  and  provide
each  other  with  information  in  order  to  facilitate  the  application  of  this  Directive.

44

The  administrative  co-operation  and  exchange  of  information  shall  take  utmost
advantage of electronic means of communication and may be supported by relevant
Community programmes.

Specifications and structure of the exchange of information between the Commission
and Member States shall be decided in accordance with the procedure referred to in
Article 14(2).

Article 12
Implementing measures

The  Commission,  acting  in  accordance  with  the  procedure  referred  to  in  Article
14(2), may adopt implementing measures, applying the following criteria:

2.

1.

(a) with regard to the selection of the EuP to be covered:

(i) the EuP shall represent a significant volume of sales and trade;

(ii) the EuP shall have a significant environmental impact;

(iii) the EuP shall present significant potential for improvement in relationship to the
environmental impact without entailing excessive costs;

(iv)  Community  environmental  priorities,  such  as  those  set  out  in  Decision  N°
1600/2002/EC, shall be taken into account.

(b) with regard to the content of the measure:

(i) the entire life cycle of the product shall be considered;

(ii)  the  performance  of  the  product,  from  the  perspective  of  the  user,  shall  not  be
significantly affected;

(iii) health and safety shall not be adversely affected

(iv)  there  should  be  no  significant  negative  impact  on  consumers  in  particular  as
regard the affordability and the life cycle cost of the product;

(v) there should be no significant negative impact on manufacturers' competitiveness
is taken into account, including on markets outside the Community.

2.

The  implementing  measures  shall  lay  down  generic  eco-design  requirements  in
accordance with Annex I and/or specific eco-design requirements in accordance with
Annex II.

Specific  eco-design  requirements  shall  be  introduced  for  selected  environmental
aspects which have a significant environmental impact.

3.

The implementing measures shall include the elements listed in Annex VII.

45

Article 13
Existing implementing measures

Directives  92/42/EEC,  96/57/EC  and  2000/55/EC  shall  be  considered  as  implementing
measures  within  the  meaning  of  this  Directive  for  domestic  hot-water  boilers,  domestic
refrigeration appliances and ballasts for fluorescent lighting respectively with regard to energy
efficiency during use.

Article 14
Committee

1.

2.

The  Commission  shall  be  assisted  by  a  committee,  hereinafter  referred  to  as  the
“Committee”, composed of representatives of the Member States and chaired by the
representative of the Commission.

Where  reference  is  made  to  this  paragraph,  Articles  5  and  7  of  Decision
1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The  period  referred  to  in  Article  5(6)  of  Decision  1999/468/EC  shall  be  three
months.

3.

The Committee shall adopt its rules of procedure.

Article 15
Penalties

The Member States shall lay down the rules on penalties applicable to infringements
of  the  national  provisions  adopted  pursuant  to  this  Directive  and  shall  take  all
measures necessary to ensure that they are implemented. The penalties provided for
must  be  effective,  proportionate  and  dissuasive.  The  Member  States  shall  notify
those provisions to the Commission by the date specified in the first subparagraph of
Article 18 at the latest and shall notify it without delay of any subsequent amendment
affecting them.

Article 16
Amendment

Directive 92/42/EEC is amended as follows:

(1)

(2)

Article 6 is deleted.

Annex I, section 2, is deleted.

Directives 78/170/EC and 86/594/EEC are repealed.

Article 17
Repeals

46

Article 18
Transposition

1.

Member States shall adopt and publish, by 31 December 2005 at the latest, the laws,
regulations  and  administrative  provisions  necessary  to  comply  with  this  Directive.
They  shall  forthwith  communicate  to  the  Commission  the  text  of  those  provisions
and a correlation table between those provisions and this Directive.

They shall apply those provisions with effect from 1 July 2006.

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this
Directive  or  be  accompanied  by  such  reference  on  the  occasion  of  their  official
publication. Member States shall determine how such reference is to be made.

2.

Member States shall communicate to the Commission the texts of the provisions of
national law which they adopt in the field governed by this Directive.

Article 19
Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.

Article 20
Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament
The President

For the Council
The President

47

ANNEX I: (referred to in Article 12(3))     
Method for setting generic eco-design requirements

Implementing measures laying down eco-design requirements pursuant to Article 12(3) shall
include  the  following  provisions  as  appropriate  for  the  EuP  covered  by  the  implementing
measure.

PART 1. GENERAL PROVISIONS

1.

2.

Manufacturers of EuP shall perform an assessment of the environmental aspects of a
a  representative  EuP  model  throughout  its  lifecycle,  based  upon  the  realistic
assumptions about normal conditions and for the purposes of use.

On the basis of this assessment manufacturers will establish the ecological profile of
a  representative  EuP  model.  It  shall  be  based  on  environmentally  relevant  product
characteristics  and  inputs/outputs  occurring  throughout  the  product  life  cycle
expressed in physical quantities that can be measured.

The  assessment  shall  concentrate  on  and  give  priority  to  those  factors,  which  are
capable of being influenced in a substantial manner through product design

The  manufacturer  shall  make  use  of  this  assessment  to  evaluate  alternative  design
solutions  with  the  aim  of  achieving  an  improvement  of  the  environmental
performance of the product taking into account the state of the art in eco-design.

The choice of a specific design solution shall achieve a reasonable balance between
the  various  environmental  aspects  and  between  environmental  aspects  and  other
relevant  considerations,  such  as  safety  and  health,  technical  requirements  for
functionality,  quality,  and  performance,  and  economic  aspects, 
including
manufacturing costs and marketability, while complying with all relevant legislation.

The design process for EuP shall include, in particular, elements among those set out
under part 2 of this annex.

The relevant eco-design parameters will be specified in the implementing measure.

PART 2. ECO-DESIGN PARAMETERS FOR EUP

2.1

The assessment described in part 1 of this Annex shall address, in accordance with
the implementing measure, the following phases of the lifecycle of the product in so
far as they relate to product design:

(a)

raw material acquisition

(b) manufacturing

(c)

packaging, transport, and distribution

(d)

installation and maintenance

(e)

use

48

(f)

end-of-life.

2.2

For  each  phase,  the  following  environmental  aspects  shall  be  assessed  where
relevant:

(a)

predicted consumption of materials,  of  energy  and  of  other  resources  such  as
fresh water

(b)

anticipated emissions to air, water or soil

(c)

anticipated  pollution  through  physical  effects  such  as  noise,  vibration,
radiation, electromagnetic fields

(d)

expected generation of waste material

(e)

possibilities  for  reuse,  recycling  and  recovery  of  materials  and/or  of  energy
taking into account Directive 2002/96/EC on WEEE.

2.3

In  particular,  the  following  parameters  shall  be  used,  as  appropriate,  and
supplemented  by  others,  where  necessary,  for  evaluating  the  potential  for
improvement on the environmental aspects mentioned in the previous paragraph:

(a) Weight and volume of the product

(b)

use of materials issued from recycling activities

(c)

energy consumption throughout the life cycle

(d)

use  of  substances  classified  as  hazardous  to  health  and/or  the  environment
according to Directive 67/548/EEC66 and taking into account legislation on the
marketing  and  use  of  specific  substances,  such  as  76/769/EEC67  or
2002/95/EC.

(e)

quantity and nature of consumables needed for proper use and maintenance

(f)

Ease  for  reuse  and  recycling  as  expressed  through:  number  of  materials  and
components used, use of standard components, time necessary for disassembly,
complexity of tools necessary for disassembly, use of component and material
coding standards for the identification of components and materials suitable for
re-use and recycling (including marking of plastic parts according to ISO), use
of  easily  recyclable  materials,  easy  access  to  valuable  and  other  recyclable
components and materials; easy access to components and materials containing
hazardous substances

(g)

Incorporation of used components

(h) Avoidance  of  technical  solutions  detrimental  to  reuse  and  recycling  of

components and whole appliances

66

67

OJ 196, 16.08.1967, p.1-5
OJ L 262, 27.09.1976, p.201-203

49

                                                
(i)

Extension  of  lifetime  as  expressed  through:  minimum  guaranteed  lifetime,
minimum  time  for  availability  of  spare  parts,  modularity,  upgradeability,
reparability

(j) Amounts of waste generated and amounts of hazardous waste generated

(k) Emissions  to  air  (greenhouse  gases,  acidifying  agents,  volatile  organic
compounds,  ozone  depleting  substances,  persistent  organic  pollutants,  heavy
metals, fine particulate and suspended particulate matter) without prejudice to
Directive  97/68/EC  relating  to  measures  against  the  emission  of  gaseous  and
particulate pollutants from internal combustion engines to be installed in non-
road mobile machinery68

(l)

Emissions  to  water  (heavy  metals,  substances  with  an  adverse  effect  on  the
oxygen balance, persistent organic pollutants).

(m) Emissions to soil (especially leakage and spills of dangerous substances during
usage phase of products, and the potential for leaching upon disposal as waste).

(n)

Information, that may influence the way the EuP is handled, used or  recycled
by parties other than the manufacturer including, where applicable

– 

– 

– 

– 

Instructions relating to the manufacturing process.

Information  for  consumers  on  the  significant  environmental  characteristics  and
performance of a product, accompanying the product when it is placed on the market
to allow the consumer to compare these aspects of the products

Instructions for  consumers/users on how to install, use and maintain  the  product  in
order  to  minimise  its  impact  on  the  environment  and  to  ensure  optimal  life-
expectancy, as well as how to return the product at the end of life.

Information for treatment facilities concerning disassembly, recycling, or disposal at
end-of-life. Basic information shall be found on the product itself wherever possible.

This information shall take into account obligations under other Community legislation, such
as Directive 2002/96/EC on WEEE.

68

OJ L 59, 27.02.1998, p.1

50

                                                
ANNEX II
Method for Setting the level of Specific Eco-Design Requirements

(Referred to in Article 12(3))

Specific  eco  design  requirements  aim  at  improving  a  selected  environmental  aspect  of  the
product.  They  may  take  the  form  of  requirements  for  reduced  consumption  of  a  given
resource, such as limits for the use of this resource in the various stages of the life cycle, as
appropriate  (e.g.  limits  in  the  water  consumption  in  the  use  phase  or  in  the  quantities  of  a
given  material  incorporated  in  the  product  or  minimum  required  quantities  of  recycled
material).

The level of a specific eco-design requirement for given EuP shall be set as follows:

1.

A technical and economic analysis selects a number of representative models of the
EuP in question on the market and identifies the technical options for improving the
environmental performance of the product, keeping sight of the economic viability of
the  options  and  avoiding  any  significant  loss  of  performance  or  of  usefulness  for
consumers.

On  the  basis  of  this  analysis  and  taking  into  account  economic  and  technical
feasibility as well as potential for improvement, concrete measures are taken with a
view to reducing the product's environmental impact.

Concerning  energy  consumption  in  use,  the  level  of  energy  efficiency  or
consumption  shall  be  set  aiming  at  the  life  cycle  cost  minimum  to  final  users  for
representative EuP models. The life cycle cost analysis method uses a real discount
rate of 5% and a realistic lifetime for the EuP; it is based on the sum of the variations
in purchase price (resulting from the variations in industrial costs) and in  operating
expenses,  which  result  from  the  different  levels  of  technical  improvement  options,
discounted  over  the  lifetime  of  the  representative  EuP  models  considered.  The
operating expenses cover primarily energy consumption and, , additional expenses in
other resources (such as water or detergent).

A sensitivity analysis covering the relevant elements (such as price of energy or other
resource,  cost  of  raw  material  or  production  cost,  discount  rates)  and,  where
appropriate,  the  inclusion  of  external  environmental  costs,  shall  be  carried  out  to
check if there are significant changes and if the overall conclusions are robust. The
requirement shall be adapted accordingly.

A similar methodology could be applied to other resources such as water.

2.

The  level  of  the  specific  eco-design  requirement  can  be  set  by  using  evidence
available  in  the  framework  of  other  Community  activities  including  regulation
No1980/2000 on an EU Eco-label, the forthcoming thematic strategies on sustainable
use of resources and recycling, Directive 92/75/EEC on energy labelling of domestic
appliances  and  Regulation  (EC)  No  2422/2001  on  energy  labelling  of  office
equipment.

Evidence available from existing programs applied in other parts of the world can be
used  for  setting  the  specific  eco-design  requirement  of  EuP  traded  with  the  EU’s
economic partners.

51

3.

In  principle,  the  setting  of  a  specific  eco-design  requirement  shall  not  have  as  a
consequence  that  a  proprietary  technology  is  imposed  to  manufacturers.  When  the
requirement would imply that a significant proportion of models currently produced
would be removed from the market, the  date of  entry into  force of the requirement
shall take the redesign cycle for the product into account.

52

ANNEX III
CE Marking

(Referred to in Article 4(2))

The  CE  marking  must  have  a  height  of  at  least  5  mm.  If  the  CE  marking  is  reduced  or
enlarged the proportions given in the above graduated drawing must be respected.

The CE marking must be affixed to the EuP. Where this is not possible, it must be affixed to
the packaging and to the accompanying documents.

53

ANNEX IV
Internal design control

(Referred to in Article 7)

1.

2.

This  module  describes  the  procedure  whereby  the  manufacturer  or  its  authorised
representative who carries out the obligations laid down in  section 2 of  this Annex
ensures  and  declares  that  EuP  satisfies  the  relevant  provisions  of  the  applicable
implementing measure. The manufacturer, or its authorised representative, must affix
the CE marking provided for in Article 4 to each item of EuP and draw up a written
declaration  of  conformity.  The  declaration  of  conformity  may  cover  one  or  more
products and must be kept by the manufacturer.

A technical documentation file enabling an assessment of the conformity of the EuP
with the requirements of the applicable implementing measure shall be compiled by
the manufacturer.

The documentation shall specify, in particular:

a)

b)

c)

d)

e)

f)

g)

3.

a general description of the EuP and of its intended use,

the  results  of  relevant  environmental  assessment  studies  carried  out  by  the
manufacturer,  and/or  references  to  environmental  assessment  literature  or  case
studies, which are used by the manufacturer in determining product design solutions,

the ecological profile of the product,

elements of the product design specification relating to environmental design aspects
of the product,

a list of the appropriate documents referred to in Article 9, applied in full or in part,
and a description of the solutions adopted to meet the requirements of the applicable
implementing  measure  where  the  documents  referred  to  in  Article  9  have  not  been
applied  or  where  these  documents  do  not  cover  entirely  the  requirements  of  the
applicable implementing measure,

a copy of the information concerning the environmental design aspects of the product
which  is  provided  in  accordance  with  the  requirements  specified  in  Annex  I,  part
2.3(n)

the  results  of  measurements  on  the  eco-design  requirements  carried  out  including
details  of  the  conformity  of  these  measurements  as  compared  with  the  eco-design
requirements set out in the applicable implementing measure.

The manufacturer must take all measures necessary to ensure that the product will be
manufactured  in  compliance  with  the  design  specifications  referred  to  in  section  2
and with the requirements of the measure which apply to it.

54

ANNEX V
Environmental Management System

(Referred to in Article 7)

1.

2.

3.

This  module  describes  the  procedure  whereby  the  manufacturer  who  satisfies  the
obligations of section 2 of this Annex ensures and declares that the EuP satisfies the
requirements  of  the  applicable  implementing  measure.  The  manufacturer,  or  its
authorised  representative,  must  affix  the  CE  marking  provided  for  in  Article  4  to
each item of EuP and draw up a written declaration of conformity. The declaration of
conformity may cover one or more products and must be kept by the manufacturer.

The manufacturer must implement the environmental management system elements
specified in section 3 of this Annex.

Environmental management system (EMS)

This section defines the environmental management system elements and procedures
that are necessary for improving the environmental performance of products in order
to  ensure  compliance  of  the  EuP  with  the  requirements  of  the  applicable
implementing measure.

3.1.

The environmental product performance policy

The manufacturer shall be able to demonstrate improvement in overall environmental
product  performance  and  providing  a  framework  for  setting  and  reviewing
environmental product performance objectives and indicators, taking into account the
requirements of the implementing measure.

All  the  provisions  adopted  by  the  manufacturer  to  establish  and  improve  the
ecological  profile  of  the  product  through  design  and  manufacturing  must  be
documented  in  a  systematic  and  orderly  manner  in  the  form  of  written  procedures
and instructions.

They must contain in particular an adequate description of:

– 

– 

– 

– 

– 

the  significant  environmental  aspects  and  impacts  of  the  products  and  an
explanation of their nature.

the  environmental  product  performance  objectives  and  indicators  and  the
organisational  structure,  responsibilities,  powers  of  the  management  and
allocation of resources with regard to their implementation and maintenance,

the  checks  and  tests  to  be  carried  out  after  manufacture  to  verify  product
performance against environmental performance indicators,

procedures  for  controlling  the  required  documentation  and  ensuring  that  it  is
kept up to date

the  method  of  verifying  the  implementation  and  effectiveness  of  the
environmental management system.

3.2.

Planning

55

The manufacturer shall establish and maintain

a)

b)

procedures for the establishment of the ecological profile of the product

environmental  product  performance objectives  and  indicators,  which  consider
technological options taking into account technical and economic requirements

c)

a programme for achieving these objectives.

3.3

Implementation

a)

b)

c)

d)

e)

responsibilities  and  authorities  shall  be  defined  and  documented  in  order  to
ensure  effective  environmental  product  performance  and  reporting  on  its
operation for review and improvement

documents  shall  be  established  indicating  the  design  control  and  verification
techniques  implemented  and  processes  and  systematic  measures  used  when
designing the product

documents  describing  the  results  of  measurements  on 
the  eco-design
requirements  carried  out  including  details  of  the  conformity  of  these
measurements  as  compared  with  the  eco-design  requirements  set  out  in  the
applicable implementing measure;

the  manufacturer  shall  establish  specifications  indicating,  in  particular,
standards which have been applied; where standards referred to in Article 9 are
not applied or where they do not cover entirely the requirements of the relevant
implementing measure, the means used to ensure compliance

the manufacturer shall establish and maintain information to describe the core
elements  of  the  environmental  management  system  and  procedures  for
controlling all documents required.

3.4

Checking and corrective action

a)

b)

the  manufacturer  shall  establish  and  maintain  procedures  to  investigate  and
handle  non  conformance,  and  implement  changes  in 
the  documented
procedures resulting from corrective action

the  manufacturer  shall  carry  out  at  least  every  three  years  a  full  internal
environmental management system audit.

56

ANNEX VI
Declaration of conformity

(Referred to in Article 4(3))

THE EC DECLARATION OF CONFORMITY MUST CONTAIN THE FOLLOWING PARTICULARS:

1.

2.

3.

4.

5.

6.

The name and address of the manufacturer or of its authorized representative;

A description of the model sufficient for unambiguous identification;

Where appropriate, the references of the harmonized standards applied;

Where appropriate, the other technical standards and specifications used;

Where  appropriate,  the  reference  of  other  Community  legislation  providing  for  the
affixing of the CE mark that is applied.

Identification and signature of the person empowered to bind the manufacturer or its
authorised representative.

57

ANNEX VII

Contents of the implementing measures

(Referred to in Article 12(4))

THE IMPLEMENTING MEASURE SHALL SPECIFY, IN PARTICULAR:

1.

2.

3.

4.

5

6.

7.

The exact definition of the type(s) of EuP covered;

The  eco-design  requirement(s)  for  the  EuP  covered,  implementing  date(s),  any
staged or transitional measure;

– 

in  case  of  generic  eco-design  requirement(s)  the  relevant  parameters  among
those mentioned in Annex I, part 2;

– 

in case of specific eco-design requirement(s), its (their) level(s);

The  requirements  on  installation  of  the  EuP  where  it  has  a  direct  relevance  to  the
environmental performance considered;

The  measurement  standards  and/or  measurement  methods  to  be  used;  when
available, harmonised standards the reference numbers of which have been published
in the Official Journal of the European Union shall be used.

The details for conformity assessment under Decision 93/465/EEC

– 

where the module(s) to be applied is (are) different from Module A; the factors
leading to the selection of that specific procedure;

– 

where relevant the criteria for approval and/or certification of the third parties.

Where different modules are laid down in other CE requirements for the same EuP,
the  module  defined  in  the  implementing  measure  shall  prevail  for  the  requirement
concerned;

Requirements  on  data  to  be  provided  by  manufacturers  to  the  authorities  for
enhanced monitoring of compliance;

The duration of the transitional period during which Member States must permit the
placing  on  the  market  of  EuP  which  comply  with  the  regulations  in  force  in  their
territory at the date of adoption of the implementing measure.

58