Common Position (EC) No 9/2005 of 29 November 2004 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a directive of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council
Date: 2004-11-29
Institutions: Council of the European Union
Subjects: EC conformity marking, approximation of laws, energy consumption, energy saving, free movement of goods, marketing standard, product design

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Official Journal of the European Union

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COMMON POSITION (EC) No 9/2005

adopted by the Council on 29 November 2004

with a view to adopting Directive 2005/…/EC of the European Parliament and of the Council of …
establishing a framework for the setting of ecodesign requirements for energy-using products and
amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European
Parliament and of the Council

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

(3)

(2005/C 38 E/04)

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and
Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

Whereas:

(1)

(2)

The disparities between the laws or administrative
measures adopted by the Member States in relation to
the ecodesign of energy using products can create
barriers to trade and distort competition in the Com-
munity and may thus have a direct impact on the estab-
lishment and functioning of the internal market. The
laws is the only means to
harmonisation of national
prevent such barriers to trade and unfair competition.

Energy using products (EuPs) account for a large propor-
tion of the consumption of natural resources and energy
in the Community. They also have a number of other
important environmental impacts. For the vast majority
of product categories available on the Community
market, very different degrees of environmental impact
can be noted though they provide similar functional
performances. In the interest of sustainable development,
continuous improvement in the overall environmental
impact of those products should be encouraged, notably
by identifying the major sources of negative environ-
mental impacts and avoiding transfer of pollution, when
this improvement does not entail excessive costs.

(1) OJ C 112, 30.4.2004, p. 25.
(2) Opinion of the European Parliament of 20 April 2004 (OJ C 104 E,
30.4.2004), Council Common Position of 29 November 2004 and
Position of the European Parliament of … (not yet published in the
Official Journal).

The ecodesign of products is a crucial factor in the Com-
munity strategy on Integrated Product Policy. As a
preventive approach, designed to optimise the environ-
mental performance of products, while maintaining their
functional qualities,
it provides genuine new opportu-
nities for manufacturers, for consumers and for society
as a whole.

Energy efficiency improvement – with one of the avail-
able options being more efficient end use of electricity –
is regarded as contributing substantially to the achieve-
ment of greenhouse gas emission targets in the Com-
munity. Electricity demand is the fastest growing energy
end use category and is projected to grow within the
next 20 to 30 years, in the absence of any policy action
to counteract
reduction in
this trend. A significant
energy consumption as
suggested by the European
Climate Change Programme reported by the Commis-
sion is possible. Climate change is one of the priorities
of
Environment Action
Programme, laid down by Decision No 1600/2002/EC
of
the Council of
22 July 2002 (3). Energy saving is the most cost effective
way to increase security of supply and reduce import
dependency.
side
Therefore,
measures and targets should be adopted.

the European Parliament and of

Community

substantial

demand

Sixth

the

Action should be taken during the design phase of EuPs,
since it appears that
the pollution caused during a
product's life cycle is determined at that stage, and most
of the costs involved are committed then.

A coherent
framework for the application of Com-
munity ecodesign requirements for EuPs should be estab-
lished with the aim of ensuring the free movement of
those products which comply and of improving their
overall environmental impact. Such Community require-
ments should respect the principles of fair competition
and international trade.

Ecodesign requirements should be set bearing in mind
the goals and priorities of the Sixth Community Environ-
ment Action Programme,
including as appropriate
applicable goals of the relevant thematic strategies of
that Programme.

(4)

(5)

(6)

(7)

(3) OJ L 242, 10.9.2002, p. 1.

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Official Journal of the European Union

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(8)

(9)

(10)

This Directive seeks to achieve a high level of protection
for the environment by reducing the potential environ-
mental impact of EuPs, which will ultimately be benefi-
cial to consumers and other end users. Sustainable devel-
opment also requires proper consideration of the health,
social and economic impact of the measures envisaged.
Improving the energy efficiency of products contributes
to the security of the energy supply, which is a precondi-
tion of sound economic activity and therefore of sustain-
able development.

In order to maximise the environmental benefits from
improved design it may be necessary to inform consu-
mers about the environmental characteristics and perfor-
mance of EuPs and to advise them about how to use
products in a manner which is environmentally friendly.

The approach set out in the Green Paper on Integrated
Product Policy, which is a major innovative element of
the Sixth Community Environment Action Programme,
aims to reduce the environmental impacts of products
across the whole of their life cycle. Considering at the
impact
design
throughout its whole life cycle has a high potential to
facilitate environmental improvement in a cost-effective
way. There should be sufficient flexibility to enable this
factor to be integrated in product design whilst taking
account of technical, functional and economic considera-
tions.

environmental

product's

stage

a

(11) Although a comprehensive approach to environmental
performance is desirable, greenhouse gas mitigation
through increased energy efficiency should be considered
a priority environmental goal pending the adoption of a
working plan.

(12)

impact

It may be necessary and justified to establish specific
quantified ecodesign requirements for some products or
environmental aspects thereof in order to ensure that
their environmental
is minimised. Given the
urgent need to contribute to the achievement of the
commitments in the framework of the Kyoto Protocol to
the United Nations Framework Convention on Climate
Changes (UNFCCC), and without prejudice to the inte-
grated approach promoted in this Directive,
some
priority should be given to those measures with a high
potential for reducing greenhouse gas emissions at low
cost. Such measures can also contribute to a sustainable
use of resources and constitute a major contribution to
the 10-year framework of programmes on sustainable
the World
production and consumption agreed at
Summit on Sustainable Development in Johannesburg in
September 2002.

(13)

The level of ecodesign requirements should normally be
technical, economic and
established on the basis of

environmental performance

environmental analysis. Flexibility in the method for
establishing the level of requirements can make swift
improvement of
easier.
Interested parties involved should be consulted and
cooperate actively in this analysis. The setting of manda-
tory measures requires proper consultation of the parties
involved. Such consultation may highlight the need for a
phased introduction or transitional measures. The intro-
duction of interim targets increases the predictability of
the policy, allows for accommodating product develop-
ment cycles and facilitates long-term planning for inter-
ested parties.

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

Self-regulation,
including voluntary agreements offered
as unilateral commitments by industry, can provide for
quick progress due to rapid and cost-effective implemen-
tation, and allows for flexible and appropriate adaptation
to technological options and market sensitivities.

Chapter 6 of
the Commission's ‘Communication on
Environmental Agreements at Community level within
the Framework of the Action Plan on the Simplification
and Improvement of the Regulatory Environment’ could
provide useful guidance when assessing self-regulation
by industry in the context of this Directive.

This Directive should also encourage the integration of
ecodesign in small and medium-sized enterprises (SMEs)
and very small firms. Such integration could be facili-
tated by wide availability of and easy access to informa-
tion relating to the sustainability of their products.

EuPs complying with the ecodesign requirements laid
down in implementing measures to this Directive should
bear the ‘CE’ marking and associated information,
in
order to enable them to be placed on the internal
market and move freely. The rigorous enforcement of
implementing measures is necessary to reduce the envir-
onmental impact of regulated EuPs and to ensure fair
competition.

(14)

(15)

(16)

(17)

(18)

(19) When preparing

and

implementing measures

representatives as well as

its
working plan the Commission should consult Member
States'
interested parties
concerned with the product group, such as industry,
including SMEs and craft industry, trade unions, traders,
retailers,
importers, environmental protection groups
and consumer organisations.

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(20) When preparing implementing measures, the Commis-
sion should also take due account of existing national
environmental legislation, in particular concerning toxic
substances, which Member States have indicated that
they consider should be preserved, without reducing the
existing and justified levels of protection in the Member
States.

(21)

(22)

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 marking (1).

Surveillance authorities should exchange information on
the measures envisaged within the scope of this Direc-
tive with a view to improving surveillance of the market.
Such cooperation should make the utmost use of elec-
tronic means of communication and relevant Com-
munity programmes. The exchange of information on
environmental
and on the
life-cycle performance
achievements of design solutions should be facilitated.
The accumulation and dissemination of
the body of
knowledge generated by the ecodesign efforts of manu-
facturers is one of the crucial benefits of the Directive.

(23)

In respect of training and information on ecodesign for
SMEs, it may be appropriate to consider accompanying
activities.

(24)

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 stand-
ard has been published in the Official Journal of the Euro-
pean Union, compliance with it should raise a presump-
tion of conformity with the corresponding requirements
set out in the implementing measure adopted on the
basis of this Directive, although other means of demon-
strating such conformity should be permitted.

(25) One of the main roles of harmonised standards should
be to help manufacturers in applying the implementing
measures adopted under this Directive. Such standards
could be essential in establishing measuring and testing
methods. In the case of generic ecodesign requirements
harmonised standards could contribute considerably to
guiding manufacturers
in establishing the ecological
profile of their products in accordance with the require-
ments of the applicable implementing measure. These
standards
relationship
between their clauses and the requirements dealt with.
The purpose of harmonised standards should not be to
fix limits for environmental aspects.

should clearly

indicate

the

(1) OJ L 220, 30.8.1993, p. 23.

(26)

For the purpose of definitions used in this Directive it is
useful to refer to relevant international standards such as
ISO 14040.

(27)

(28)

This Directive is in accordance with certain 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 standards (2)
and of making reference to harmonised European stan-
dards. The Council Resolution of 28 October 1999 on
the role of standardisation in Europe (3) 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 legisla-
tion wherever possible.

This Directive is complementary to 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 appliances (4),
Regulation (EC) No 1980/2000 of the European Parlia-
ment and of the Council of 17 July 2000 on a revised
Community eco-label award scheme (5), Regulation (EC)
No 2422/2001 of the European Parliament and of the
Council of 6 November 2001 on a Community energy
efficiency labelling programme for office equipment (6),
Directive 2002/96/EC of the European Parliament and of
the Council of 27 January 2003 on waste electrical and
electronic equipment (WEEE) (7), Directive 2002/95/EC
of the European Parliament and of the Council of 27
January 2003 on the restriction of the use of certain
hazardous substances in electrical and electronic equip-
ment (8) and Council Directive 76/769/EEC of 27 July
1976 relating to restrictions on the marketing and use
of certain dangerous substances and preparations (9).
Synergies between this Directive and the existing Com-
munity instruments should contribute to increasing their
respective impacts and building coherent requirements
for manufacturers to apply.

(29)

Since Council Directive 92/42/EEC of 21 May 1992 on
efficiency requirements for new hot-water boilers fired
with liquid or gaseous fuels (10), Directive 96/57/EC of
the European Parliament and of
the Council of 3
September 1996 on energy efficiency requirements for

(2) OJ C 136, 4.6.1985, p. 1.
(3) OJ C 141, 19.5.2000, p.1.
(4) OJ L 297, 13.10.1992, p. 16. Directive as amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

(5) OJ L 237, 21.9.2000, p. 1.
(6) OJ L 332, 15.12.2001, p. 1.
(7) OJ L 37, 13.2.2003, p. 24. Directive as last amended by Directive

2003/108/EC (OJ L 345, 31.12.2003, p. 106).

(8) OJ L 37, 13.2.2003, p. 19.
(9) OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commis-

sion Directive 2004/98/EC (OJ L 305, 1.10.2004, p. 63).

(10) OJ L 167, 22.6.1992, p. 17. Directive as last amended by Directive
2004/8/EC of the European Parliament and of the Council (OJ L
52, 21.2.2004, p. 50).

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household electric refrigerators, freezers and combina-
tions thereof (1) and Directive 2000/55/EC of the Euro-
pean Parliament and of the Council of 18 September
2000 on energy efficiency requirements for ballasts for
fluorescent lighting (2) already contain provisions for the
revision of
they
should be integrated into the present framework.

the energy efficiency requirements,

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

(31)

(32)

requirements

The
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 buildings (3) 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
fuels (4) and Direc-
to appliances burning gaseous
tive 2002/91/EC of the European Parliament and of the
Council of 16 December 2002 on the energy perfor-
mance of buildings (5). Directive 78/170/EEC should
therefore be repealed.

Council Directive 86/594/EEC of 1 December 1986 on
airborne noise emitted by household appliances (6) lays
down the conditions under which publication of infor-
mation 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.

(33)

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 on the Commission (7).

(1) OJ L 236, 18.9.1996, p. 36.
(2) OJ L 279, 1.11.2000, p. 33.
(3) OJ L 52, 23.2.1978, p. 32. Directive as amended by Directive

82/885/EEC (OJ L 378, 31.12.1982, p. 19).

(4) OJ L 196, 26.7.1990, p. 15. Directive as amended by Directive

93/68/EEC (OJ L 220, 30.8.1993, p. 1).

(5) OJ L 1, 4.1.2003, p. 65.
(6) OJ L 344, 6.12.1986, p. 24. Directive as amended by Council Regu-

lation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36)

(7) OJ L 184, 17.07.1999, p. 23.

(34) 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 dissua-
sive.

(35)

(36)

It should be remembered that paragraph 34 of the Inter-
institutional agreement on better law-making (8) states
that the Council ‘will encourage the Member States to
draw up, for themselves and in the interests of the Com-
munity, their own tables which will, as far as possible,
illustrate the correlation between directives and the
transposition measures and to make them public.’

Since the objective of the proposed action, namely to
the internal market by
ensure the functioning of
requiring products to reach an adequate level of environ-
mental performance, cannot be sufficiently achieved by
Member States acting alone and can therefore, by reason
of its scale and effects, be better achieved at Community
level, the Community may adopt measures, in accord-
ance 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 Direc-
tive does not go beyond what is necessary in order to
achieve this objective,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter and scope

1.
This Directive establishes a framework for the setting of
Community ecodesign requirements for energy using products
with the aim of ensuring the free movement of those products
within the internal market.

2.
This Directive provides for the setting of requirements
which the energy using products covered by implementing
measures must fulfil in order for them to be placed on the
market and/or put into service. It contributes to sustainable
development by increasing energy efficiency and the level of
protection of
the same time
the environment, while at
increasing the security of the energy supply.

This Directive shall not apply to means of transport for

3.
persons or goods.

4.
This Directive and the implementing measures adopted
pursuant to it shall be without prejudice to Community waste
management legislation and Community chemicals legislation,
including Community legislation on fluorinated greenhouse
gases.

(8) OJ C 321, 31.12.2003, p. 1.

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Article 2

Definitions

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

1.

2.

3.

4.

‘Energy-using Product’ or ‘EuP’ means a product which,
once placed on the market and/or put into service,
is
dependent on energy input
fuels and
fossil
(electricity,
to work as intended, or a
renewable energy sources)
product for the generation, transfer and measurement of
such energy,
including parts dependent on energy input
and intended to be incorporated into an EuP covered by
this Directive which are placed on the market and/or put
into service as individual parts for end-users and of which
the environmental performance can be assessed indepen-
dently;

‘Components and sub-assemblies’ means parts intended to
be incorporated into EuPs, and which are not placed on
the market and/or put into service as individual parts for
end users or the environmental performance of which
cannot be assessed independently;

‘Implementing measures’ means measures
adopted
pursuant to this Directive laying down ecodesign require-
ments for defined EuPs or
for environmental aspects
thereof;

‘Placing on the market’ means making an 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 and irrespective of the selling
technique;

10.

‘Environmental aspect’ means an element or function of an
EuP that can interact with the environment during its life
cycle;

11.

‘Environmental impact’ means any change to the environ-
ment wholly or partially resulting from an EuP during its
life cycle;

12.

‘Life cycle’ means the consecutive and interlinked stages of
an EuP from raw material use to final disposal;

13.

‘Reuse’ means any operation by which an 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 an EuP which is returned to
a collection point, distributor, recycler or manufacturer, as
well as reuse of an EuP following refurbishment;

14.

‘Recycling’ means the reprocessing in a production process
of waste materials for the original purpose or for other
purposes but excluding energy recovery;

15.

‘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;

16.

‘Recovery’ means any of the applicable operations provided
for in Annex II B to Council Directive 75/442/EEC of 15
July 1975 on waste (1);

17.

‘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;

5.

‘Putting into service’ means the first use of an EuP for its
intended purpose by an end-user in the Community;

18.

‘Hazardous waste’ means any waste which is covered by
Article 1(4) of Council Directive 91/689/EEC of 12
December 1991 on hazardous waste (2);

6.

‘Manufacturer’ means any natural or legal person who
manufactures EuPs covered by this Directive and is respon-
sible for their conformity with this Directive in view of
their being placed on the market and/or put into service
under the manufacturer's own name or trademark or for
the manufacturer's own use. In the absence of a manufac-
turer as defined in the first sentence, any natural or legal
person who places on the market and/or puts into service
EuPs covered by this Directive shall be considered a manu-
facturer;

7.

‘Authorised representative’ means any natural or legal
person established in the Community who has received a
written mandate from the manufacturer to perform on his
behalf all or part of
the obligations and formalities
connected with this Directive;

8.

‘Materials’ means all materials used during the life cycle of
an EuP;

19 ‘Ecological profile’ means a description, in accordance with
the implementing measure applicable to the EuP, of the
inputs and outputs (such as materials, emissions and
waste) associated with an EuP throughout its life cycle
which are significant from the point of view of its environ-
mental impact and are expressed in physical quantities that
can be measured;

20.

‘Environmental performance’ of an EuP means the results
of the manufacturer's management of the environmental
aspects of the EuP, as reflected in its technical documenta-
tion file;

21.

‘Improvement of the environmental performance’ means
the process of enhancing the environmental performance
of an EuP over successive generations, although not neces-
sarily in respect of all environmental aspects of
the
product simultaneously;

9.

‘Product design’ means the set of processes that transform
legal, technical, safety, functional, market or other require-
ments to be met by an EuP into the technical specification
for that EuP;

(1) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regu-

lation (EC) No 1882/2003.

(2) OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive

94/31/EC (OJ L 168, 2.7.1994, p. 28).

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‘Ecodesign’ means the integration of environmental aspects
into product design with the aim of improving the envir-
onmental performance of the EuP throughout its whole
life cycle;

3. Member States shall keep the Commission informed
about the results of the market surveillance, and where appro-
priate the Commission shall pass on such information to the
other Member States.

22.

23.

24.

25.

26.

‘Ecodesign requirement’ means any requirement in relation
to an EuP, or the design of an EuP, intended to improve its
environmental performance, or any requirement for the
supply of information with regard to the environmental
aspects of an EuP;

‘Generic ecodesign requirement’ means any ecodesign
requirement based on the ecological profile as a whole of
an EuP without set limit values for particular environ-
mental aspects;

‘Specific ecodesign requirement’ means a quantified and
measurable ecodesign requirement relating to a particular
environmental aspect of an EuP, such as energy consump-
tion during use, calculated for a given unit of output
performance;

down

‘Harmonised standard’ means a technical
specification
adopted by a recognised standards body under a mandate
from the Commission, in accordance with the procedure
laid
the
European Parliament and of the Council of 22 June 1998
laying down a procedure for the provision of information
in the field of technical standards and regulations (1), for
the purpose of establishing a European requirement,
compliance with which is not compulsory.

98/34/EC

Directive

of

in

Article 3

Placing on the market and/or putting into service

take all appropriate measures to
1. Member States shall
ensure that EuPs covered by implementing measures may be
placed on the market and/or put into service only if they
comply with those measures and bear the CE marking in
accordance with Article 4.

2. Member States shall designate the authorities responsible
for market surveillance. They shall arrange for such authorities
to have and use the necessary powers to take the appropriate
measures incumbent upon them under this Directive. Member
States shall define the tasks, powers and organisational arrange-
ments of the competent authorities which shall be entitled:

(i) to organise appropriate checks on EuP compliance, on an
adequate scale, and to oblige the manufacturer or its
authorised representative to recall non-compliant EuPs
from the market in accordance with Article 6;

4. Member States shall ensure that consumers and other
interested parties are given an opportunity to submit observa-
tions on product compliance to the competent authorities.

Article 4

Marking and declaration of conformity

Before an EuP covered by implementing measures is
1.
placed on the market and/or put into service, a 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

2.
shown in Annex III.

3.
The declaration of conformity shall contain the elements
specified in Annex VI and shall refer to the appropriate imple-
menting measure.

4.
The affixing of markings on an EuP which are likely to
mislead users as to the meaning or form of the CE marking
shall be prohibited.

5. Member States may require the information to be
supplied pursuant to Annex I, Part 2 to be in their official
language(s) when the EuP reaches the end user.

Member States shall also authorise the provision of this infor-
mation in one or more other official Community language(s).

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

(a) whether the information can be supplied by harmonised

symbols or recognised codes or other measures;

(b) the type of user anticipated for the EuP and the nature of

the information which is to be provided.

Article 5

Free movement

(ii) to require the provision of all necessary information by the
parties concerned, as specified in implementing measures;

(iii) to take samples of products and subject them to compli-

ance checks.

(1) OJ L 204, 29.7.1998, p. 37. Directive as last amended by the 2003

Act of Accession.

1. Member States shall not prohibit, restrict or impede the
placing on the market and/or putting into service, within their
territories, on grounds of ecodesign requirements relating to
those ecodesign parameters referred to in Annex I, part 1
which are covered by the applicable implementing measure, of
an EuP that complies with all the relevant provisions of the
applicable implementing measure and bears the CE marking in
accordance with Article 4.

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2. Member States shall not prohibit, restrict or impede the
placing on the market and/or putting into service, within their
territories, of an EuP bearing the CE marking in accordance
with Article 4 on grounds of ecodesign requirements relating
to those ecodesign parameters referred to in Annex I, Part 1 for
which the applicable implementing measure provides that no
ecodesign requirement is necessary.

Following that consultation, the Commission shall immediately
inform the Member State which took the decision and the
other Member States of its views.

Where the Commission considers that the decision is unjusti-
fied,
immediately inform the Member States to that
effect.

it shall

3. Member States shall not prevent the display, for example
at trade fairs, exhibitions and demonstrations, of EuPs which
are not in conformity with the provisions of the applicable
implementing measure, provided that there is a visible indica-
tion that they may not be placed on the market and/or put into
service until brought into conformity.

Article 6

Safeguard clause

1. Where a Member State ascertains that an 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, the manu-
facturer 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 take
a decision restricting or prohibiting the placing on the market
and/or putting into service of the EuP in question or ensure
that it is withdrawn from the market.

2.
Any decision by a Member State pursuant to this Direc-
tive which restricts or prohibits the placing on the market and/
or the putting into service of an EuP shall state the grounds on
which it is based.

Such decision shall be notified forthwith to the party
concerned, who shall at the 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 Commis-
sion and the other Member States of any decision taken
pursuant to paragraph 1, indicating the reasons therefor, and,
in particular, whether non-compliance is due to:

(a) failure to satisfy the requirements of the applicable imple-

menting measure;

(b) incorrect application of harmonised standards as referred to

in Article 9(2);

(c) shortcomings in harmonised standards as 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.

5. Where the decision referred to in paragraph 1 is based on
a shortcoming in a harmonised standard, 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 15(1).

6.
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

7.
Article shall be made public, in a transparent way.

The Commission's opinion on those decisions shall be

8.
published in the Official Journal of the European Union.

Article 7

Conformity assessment

1.
Before placing an EuP covered by implementing measures
on the market and/or putting such an EuP into service, the
manufacturer or its authorised representative shall ensure that
an assessment of the EuP's conformity with all the relevant
requirements of the applicable implementing measure is carried
out.

The conformity assessment procedures shall be specified
2.
by the implementing measures and shall leave to manufacturers
the choice between the internal design control set out
in
Annex IV and the management system set out in Annex V.
When duly justified and proportionate to the risk, the confor-
mity assessment procedure shall be specified among relevant
modules as described in Decision 93/465/EEC.

If an 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 Council of
19 March 2001 allowing voluntary participation by organisa-
tions in a Community eco-management and audit scheme
(EMAS) (1) and the design function is included within the scope
of that registration, the management system of that organisa-
tion shall be presumed to comply with the requirements of
Annex V to this Directive.

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

(1) OJ L 114, 24.4.2001, p. 1.

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3.
After placing an EuP covered by implementing measures
on the market or putting it into service, 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 of that EuP has been manu-
factured.

satisfy specific provisions of an applicable implementing
measure do not entirely satisfy those provisions the Member
State concerned or the Commission shall inform the Standing
Committee set up under Article 5 of Directive 98/34/EC to that
effect, giving the reasons. The Committee shall
issue an
opinion as a matter of urgency.

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

4.
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.

In the light of that Committee's opinion, the Commission
3.
shall decide to publish, not to publish, to publish with restric-
tion, to maintain or to withdraw the references to the harmo-
nised standards concerned in the Official Journal of the European
Union.

4.
The Commission shall inform the European standardisa-
tion body concerned and, if necessary, issue a new mandate
with a view to revision of the harmonised standards concerned.

Article 8

Presumption of conformity

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

2. Member States shall regard an EuP for which harmonised
standards have been applied, the reference numbers of which
have been published in the Official Journal of the European Union,
as conforming to all the relevant requirements of the applicable
implementing measure to which such standards relate.

EuPs which have been awarded the Community eco-label
3.
pursuant to Regulation (EC) No 1980/2000 shall be presumed
to comply with the ecodesign requirements of the applicable
implementing measure insofar as those requirements are met
by the eco-label.

4.
For the purposes of the presumption of conformity in the
context of this Directive, the Commission, acting in accordance
with the procedure referred to in Article 15(2), may decide that
other eco-labels fulfil equivalent conditions to the Community
eco-label pursuant to Regulation (EC) No 1980/2000. EuPs
which have been awarded such other eco-labels shall be
presumed to comply with the ecodesign requirements of the
insofar as those require-
applicable implementing measure,
ments are met by that eco-label.

Article 9

Harmonised standards

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

Article 10

Requirements for components and sub-assemblies

Implementing measures may require manufacturers or their
authorised representatives placing components and sub-assem-
blies on the market and/or putting them into service to provide
the manufacturer of an EuP covered by implementing measures
with relevant information on the material composition and the
the
consumption of energy, materials and/or resources of
components or sub-assemblies.

Article 11

Administrative cooperation and exchange of information

1. Member States shall ensure that appropriate measures are
taken in order to encourage the authorities responsible for
implementing this Directive to cooperate with each other and
provide each other and the Commission with information in
order to assist the operation of this Directive and in particular,
assist in the implementation of Article 6.

The administrative cooperation and exchange of information
shall take utmost advantage of electronic means of communica-
tion and may be
relevant Community
supported by
programmes.

Member States shall inform the Commission of the authorities
responsible for applying this Directive.

The precise nature and structure of the exchange of infor-
2.
mation between the Commission and Member States shall be
decided in accordance with the procedure referred to in
Article 15(2).

2. Where a Member State or the Commission considers that
harmonised standards the application of which is presumed to

3.
The Commission shall take appropriate measures in order
to encourage and contribute to the cooperation between
Member States referred to in this Article.

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Article 12

Implementing measures

(f) set implementing date(s), any staged or transitional measure
or periods,
in particular possible
impacts on SMEs or on specific product groups manufac-
tured primarily by SMEs.

taking into account

1.
The Commission, acting in accordance with the proce-
dure referred to in Article 15(2), shall adopt implementing
measures.

Implementing measures

5.
criteria:

shall meet all

the following

For an EuP to be covered by an implementing measure it

2.
shall meet all the following criteria:

(a) the EuP shall have a volume of sales and trade of more
a year within the Community

than 200 000 units
according to most recently available figures;

(b) the EuP shall, considering the quantities placed on the
market and/or put into service, have a significant environ-
mental impact within the Community, as specified in Com-
munity strategic priorities as set out
in Decision No
1600/2002/EC;

(c) the EuP shall present significant potential for improvement
impact without entailing
In determining whether this criterion is

in terms of
excessive costs.
met, the following parameters shall apply:

its environmental

— the absence of other relevant Community legislation;

— a failure of market forces to address the issue;

— a wide disparity in the environmental performance of
EuPs available on the market with equivalent function-
ality.

3.
In considering whether to prepare a draft implementing
measure the Commission shall take into account any views
expressed by the Committee referred to in Article 15 and shall
further take into account:

(a) Community environmental priorities, such as those set out
in Decision No 1600/2002/EC or in the Commission's
European Climate Change Programme (ECCP);

(b) relevant self-regulation, such as voluntary agreements or

other measures taken by industry.

In preparing a draft implementing measure the Commis-

4.
sion shall:

(a) consider the life cycle of the EuP;

(b) carry out an assessment, which will consider the impact on
including
innovation, market

consumers and manufacturers,

in terms of competitiveness,

environment,
SMEs,
access and costs and benefits;

(c) take into account existing national environmental legisla-

tion that Member States consider relevant;

(a) there shall be no significant negative impact on the func-
tionality of the product, from the perspective of the user;

(b) health, safety and the environment shall not be adversely

affected;

(c) there shall be no significant negative impact on consumers
in particular as regards the affordability and the life cycle
cost of the product;

(d) there shall be no significant negative impact on manufac-
including on markets outside the

turers' competitiveness,
Community;

(e) in principle, the setting of an ecodesign requirement shall
not have the consequence of imposing proprietary tech-
nology on manufacturers;

(f) no excessive administrative burden shall be imposed on

manufacturers.

Implementing measures shall lay down ecodesign require-

6.
ments in accordance with Annex I and/or Annex II.

Specific ecodesign requirements shall be introduced for selected
environmental aspects which have a significant environmental
impact.

Implementing measures may also provide that no ecodesign
requirement is necessary for certain specified ecodesign para-
meters referred to in Annex I part 1.

7.
The requirements shall be formulated so as to ensure that
market surveillance authorities can verify the conformity of the
EuP with the requirements of the implementing measure. The
implementing measure shall specify whether verification can be
achieved directly on the EuP or on the basis of the technical
documentation.

Implementing measures shall include the elements listed

8.
in Annex VII.

9.
Relevant studies and analyses used by the Commission in
preparing implementing measures should be made publicly
available.

(d) carry out appropriate consultation with stakeholders;

(e) prepare an explanatory memorandum of the draft imple-
menting measure based on the assessment referred to in
subparagraph (b);

10. Where appropriate, an implementing measure laying
down ecodesign requirements shall be accompanied by guide-
lines, to be adopted by the Commission in accordance with
Article 15(2), on the balancing of the various environmental
aspects.

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Article 13

Working plan

Article 16

Penalties

1.
In accordance with the criteria set out in Article 12 and
having consulted the Consultation Forum referred to in
Article 14, the Commission shall not later than … (*) establish
a working plan which shall be made publicly available.

The working plan shall set out for the following three years an
indicative list of product groups which will be considered as
priorities for the adoption of implementing measures.

The working plan shall be amended periodically by the
Commission after consultation with the Consultation Forum.

2.
However, during the transitional period, while the first
working plan referred to in paragraph 1 is being established,
laid down in
and in accordance with the procedure
Article 15(2),
in Article 12 and after
consulting the Consultation Forum, the Commission may adopt
implementing measures starting with those products which
have been identified by the ECCP as offering a high potential
for cost-effective reduction of greenhouse gas emissions.

the criteria set out

Article 14

Consultation Forum

The Commission shall ensure that, in the conduct of its activ-
ities it observes, in respect of each implementing measure, a
balanced participation of Member States' representatives and all
interested parties concerned with the product/product group in
question, such as industry, including SMEs and craft industry,
trade unions,
environmental
protection groups and consumer organisations. These parties
shall meet in a Consultation Forum. The rules of procedure of
the Forum shall be established by the Commission.

importers,

retailers,

traders,

The Member States shall determine the penalties applicable to
breaches of the national provisions adopted pursuant to this
Directive. The penalties shall be effective, proportionate and
dissuasive.

Article 17

Amendments

1.

Directive 92/42/EEC is hereby amended as follows:

(1) Article 6 shall be deleted.

(2) The following Article shall be inserted:

‘Article 10a

This Directive constitutes an implementing measure within
the meaning of Article 12 of Directive 2005/…/EC of …
establishing … (*) (+), with regard to energy efficiency
during use, in accordance with that Directive, and may be
amended or repealed in accordance with Article 15(2) of
Directive 2005/…/EC (+).

(*) OJ L…’

(3) Annex I, section 2, shall be deleted.

(4) Annex II shall be deleted.

Article 15

2.

Directive 96/57/EC is hereby amended as follows:

Committee procedure

The following Article shall be inserted:

1.

The Commission shall be assisted by a Committee.

2. 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 laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

‘Article 9a

This Directive constitutes an implementing measure within
the meaning of Article 12 of Directive 2005/…/EC of …
establishing (*) (+), with regard to energy efficiency during
use,
in accordance with that Directive, and may be
amended or repealed in accordance with Article 15(2) of
Directive 2005/…/EC (+).

3.

The Committee shall adopt its Rules of Procedure.

(*) OJ L…’

(*) Two years after adoption of this Directive.

(+) This Directive.

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3.

Directive 2000/55/EC is hereby amended as follows:

The following Article shall be inserted:

‘Article 9a:

This Directive constitutes an implementing measure within
the meaning of Article 12 of Directive 2005/…/EC of …
establishing … (*) (+), with regard to energy efficiency
during use, in accordance with that Directive, and may be
amended or repealed in accordance with Article 15(2) of
Directive 2005/…/EC (+).

(*) OJ L…’

Article 18

Repeals

Directives 78/170/EEC and 86/594/EEC are repealed. Member
States may continue to apply existing national measures
adopted under Directive 86/594/EEC until such time as imple-
menting measures for the products concerned are adopted
under this Directive.

Article 19

Review

Article 20

Confidentiality

Requirements relating to the supply of information referred to
in Article 10 and Annex I, part 2, by the manufacturer and/or
its authorised representative shall be proportionate and shall
take into account the legitimate confidentiality of commercially
sensitive information.

Article 21

Implementation

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive before … (***). They shall
forthwith inform the
Commission thereof.

When Member States adopt these measures, they shall contain
a reference to this Directive or shall be accompanied by such
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by
Member States.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

Article 22

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 23

Addressees

This Directive is addressed to the Member States.

implementing measures, market

Not later than … (**) the Commission shall review the effective-
ness of this Directive and of its implementing measures, the
threshold for
surveillance
mechanisms and any relevant self regulation stimulated, after
consultation of the Consultation Forum referred to in Article
14, and, as appropriate, present proposals to the European
Parliament and the Council for amending this Directive.

Done at Brussels, …

For the European Parliament

The President

…

For the Council

The President

…

(+) This Directive.
(**) Five years after adoption of this Directive.

(***) 24 months after the entry into force of this Directive.

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ANNEX I

METHOD FOR SETTING GENERIC ECODESIGN REQUIREMENTS

(referred to in Article 12)

Generic ecodesign requirements aim at improving the environmental performance of EuPs, focusing on significant envir-
onmental aspects thereof without setting limit values. The Commission shall, when preparing a draft implementing
measure to be submitted to the Committee referred to in Article 15, identify significant environmental aspects which
shall be specified in the implementing measure.

In preparing implementing measures laying down generic ecodesign requirements pursuant to Article 12 the Commis-
sion will identify, as appropriate to the EuP covered by the implementing measure, the relevant ecodesign parameters
from among those listed in part 1, the information supply requirements from among those listed in part 2 and the
requirements for the manufacturer listed in part 3.

Part 1. Ecodesign parameters for EuPs

1.1. In so far as they relate to product design, significant environmental aspects are identified with reference to the

following phases of the lifecycle of the product:

(a) raw material selection and use;

(b) manufacturing;

(c) packaging, transport, and distribution;

(d) installation and maintenance;

(e) use;

(f) end-of-life, meaning the state of an EuP having reached the end of its first use until its final disposal.

1.2. For each phase, the following environmental aspects are to 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.

1.3. In particular, the following parameters will be used, as appropriate, and supplemented by others, where necessary,

for evaluating the potential for improving the environmental aspects mentioned in the previous paragraph:

(a) weight and volume of the product;

(b) use of materials issued from recycling activities;

(c) consumption of energy, water and other resources throughout the life cycle;

(d) use of substances classified as hazardous to health and/or the environment according to Council Directive
67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating
to the classification, packing and labelling of dangerous substances (OJ 196, 16.8.1967, p. 1), as last amended
by Commission Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1) and taking into account legislation on the
marketing and use of specific substances, such as Directives 76/769/EEC or 2002/95/EC;

(e) quantity and nature of consumables needed for proper use and maintenance;

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(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 reuse and recy-
cling (including marking of plastic parts in accordance with ISO standards), use of easily recyclable materials,
easy access to valuable and other recyclable components and materials; easy access to components and mate-
rials containing hazardous substances;

(g) incorporation of used components;

(h) avoidance of technical solutions detrimental to reuse and recycling of components and whole appliances;

(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 of 16 December 1997 relating to measures against the emission of gaseous and particu-
late pollutants from internal combustion engines to be installed in non-road mobile machinery (OJ L 59,
27.2.1998, p. 1), as last amended by Directive 2004/26/EC of the European Parliament and of the Council (OJ
L 146, 30.4.2004, p. 1);

(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 the use phase of the product,

and the potential for leaching upon its disposal as waste).

Part 2. Requirements relating to the supply of information

Implementing measures may require information to be supplied by the manufacturer that may influence the way the
EuP is handled, used or recycled by parties other than the manufacturer. This information may include, where applic-
able:

— information from the designer relating to the manufacturing process;

— information for consumers on the significant environmental characteristics and performance of a product, accompa-
nying the product when it is placed on the market to allow consumers to compare these aspects of the products;

— information for consumers 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 on how to return the product at end-of-life, and,
information on the period of availability of spare parts and the possibilities of upgrading
where appropriate,
products;

— information for treatment facilities concerning disassembly, recycling, or disposal at end-of-life.

Information should be given on the product itself wherever possible.

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

Part 3. Requirements for the manufacturer

1. Focusing on the environmental aspects identified in the implementing measure as capable of being influenced in a
substantial manner through product design, manufacturers of EuPs will be required to perform an assessment of the
EuP model throughout its lifecycle, based upon realistic assumptions about normal conditions and purposes of use.

On the basis of this assessment manufacturers will establish the EuP's ecological profile. It will be based on environ-
mentally relevant product characteristics and inputs/outputs throughout the product life cycle expressed in physical
quantities that can be measured.

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2. Manufacturers will make use of this assessment to evaluate alternative design solutions and the achieved environ-

mental performance of the product against benchmarks.

The benchmarks will be identified by the Commission in the implementing measure on the basis of information gath-
ered during the preparation of the measure.

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

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ANNEX II

METHOD FOR SETTING SPECIFIC ECODESIGN REQUIREMENTS

(Referred to in Article 12)

Specific ecodesign 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 a limit on the use of a resource in the
various stages of an EuP's life cycle, as appropriate (such as a limit on water consumption in the use phase or on the
quantities of a given material incorporated in the product or a requirement for minimum quantities of recycled mate-
rial).

In preparing implementing measures laying down specific ecodesign requirements pursuant to Article 12, the Commis-
sion will identify, as appropriate to the EuP covered by the implementing measure, the relevant ecodesign parameters
from among those referred to in Annex I, part 1, and set the levels of these requirements, in accordance with the proce-
dure referred to in Article 15(2), as follows:

1. A technical, environmental and economic analysis will select a number of representative models of the EuP in ques-
tion on the market and identify 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 useful-
ness for consumers.

The technical, environmental and economic analysis will also identify, for the environmental aspects under considera-
tion, the best-performing products and technology available on the market.

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 will be set aiming at the life
cycle cost minimum to end users for representative EuP models, taking into account the consequences on other envir-
onmental aspects. The life cycle cost analysis method uses a real discount rate on the basis of data provided from the
European Central Bank 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 oper-
ating expenses cover primarily energy consumption and additional expenses in other resources (such as water or
detergent).

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

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

2. For the development of the technical, environmental and economic analyses, information available in the framework

of other Community activities could be used.

The same applies for information available from existing programmes applied in other parts of the world for setting
the specific ecodesign requirement of EuPs traded with the EU's economic partners.

3. The date of entry into force of the requirement will take the redesign cycle for the product into account.

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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.

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ANNEX IV

INTERNAL DESIGN CONTROL

(Referred to in Article 7)

1. This Annex 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 the EuP satisfies the relevant requirements
of the applicable implementing measure. The declaration of conformity may cover one or more products and must
be kept by the manufacturer.

2. A technical documentation file making possible an assessment of the conformity of the EuP with the requirements of

the applicable implementing measure will be compiled by the manufacturer.

The documentation will specify, in particular:

(a) a general description of the EuP and of its intended use;

(b) 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 evaluating, docu-
menting and determining product design solutions;

(c) the ecological profile, if required by the implementing measure;

(d) elements of the product design specification relating to environmental design aspects of the product;

(e) a list of the appropriate standards referred to in Article 9, applied in full or in part, and a description of the solu-
tions adopted to meet the requirements of the applicable implementing measure where the standards referred to
in Article 9 have not been applied or where these standards do not cover entirely the requirements of the applic-
able implementing measure;

(f) a copy of the information concerning the environmental design aspects of the product provided in accordance

with the requirements specified in Annex I, part 2;

(g) the results of measurements on the ecodesign requirements carried out, including details of the conformity of
these measurements as compared with the ecodesign requirements set out in the applicable implementing
measure.

3. 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.

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ANNEX V

MANAGEMENT SYSTEM FOR ASSESSING CONFORMITY

(Referred to in Article 7)

1.

2.

This Annex 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
declaration of conformity may cover one or more products and must be kept by the manufacturer.

A management system may be used for the conformity assessment of an EuP provided that the manufacturer
implements the environmental elements specified in section 3 of this Annex.

3.

Environmental elements of the management system

This section specifies the elements of a management system and the procedures by which the manufacturer can
demonstrate that the EuP complies with the requirements of the applicable implementing measure.

3.1.

The environmental product performance policy

The manufacturer must be able to demonstrate conformity with the requirements of the applicable implementing
measure. The manufacturer must also be able to provide a framework for setting and reviewing environmental
product performance objectives and indicators with a view to improving the overall environmental product
performance.

All the measures adopted by the manufacturer to improve the overall environmental performance of and to estab-
lish the ecological profile of an EuP, if required by the implementing measure, through design and manufacturing,
must be documented in a systematic and orderly manner in the form of written procedures and instructions.

These procedures and instructions must contain, in particular, an adequate description of:

— the list of documents that must be prepared to demonstrate the EuP's conformity, and – if relevant – that

have to be made available;

— the environmental product performance objectives and indicators and the organisational structure, responsi-
bilities, powers of the management and allocation of resources with regard to their implementation and main-
tenance;

— 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 elements of the manage-

ment system.

3.2.

Planning

The manufacturer will establish and maintain

(a) procedures for establishing the ecological profile of the product;

(b) 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 and documentation

3.3.1. The documentation concerning the management system should cover the following, in particular:

(a) responsibilities and authorities will be defined and documented in order to ensure effective environmental

product performance and reporting on its operation for review and improvement;

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(b) documents will be established indicating the design control and verification techniques implemented and

processes and systematic measures used when designing the product;

(c) the manufacturer will establish and maintain information to describe the core environmental elements of the

management system and the procedures for controlling all documents required.

3.3.2. The documentation concerning the EuP will specify, in particular:

(a) a general description of the EuP and of its intended use;

(b) 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 evaluating, docu-
menting and determining product design solutions;

(c) the ecological profile, if required by the implementing measure;

(d) documents describing the results of measurements on the ecodesign requirements carried out including
details of the conformity of these measurements as compared with the ecodesign requirements set out in the
applicable implementing measure;

(e) the manufacturer will 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;

(f) a copy of the information concerning the environmental design aspects of the product provided in accord-

ance with the requirements specified in Annex I, part 2.

3.4.

Checking and corrective action

(a) the manufacturer must take all measures necessary to ensure that the EuP is manufactured in compliance
with its design specification and with the requirements of the implementing measure which applies to it;

(b) the manufacturer will establish and maintain procedures to investigate and respond to non-conformity, and

implement changes in the documented procedures resulting from corrective action;

(c) the manufacturer will carry out at least every three years a full internal audit of the management system with

regard to its environmental elements.

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ANNEX VI

DECLARATION OF CONFORMITY

(Referred to in Article 4(3))

The EC declaration of conformity must contain the following elements:

1. the name and address of the manufacturer or of its authorised representative;

2. a description of the model sufficient for unambiguous identification;

3. where appropriate, the references of the harmonised standards applied;

4. where appropriate, the other technical standards and specifications used;

5. where appropriate, the reference to other Community legislation providing for the affixing of the CE mark that is

applied;

6.

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

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ANNEX VII

CONTENTS OF THE IMPLEMENTING MEASURES

(Referred to in Article 12(8))

The implementing measure will specify, in particular:

1. the exact definition of the type(s) of EuP(s) covered;

2. the ecodesign requirement(s) for the EuP(s) covered, implementing date(s), staged or transitional measures or periods;

— in the case of generic ecodesign requirement(s), the relevant phases and aspects selected from those mentioned in
Annex I, sections 1.1 and 1.2, accompanied by examples of parameters selected from those mentioned in Annex
I, section 1.3 as guidance when evaluating improvements regarding identified environmental aspects;

— in the case of specific ecodesign requirement(s), its (their) level(s);

3. the ecodesign parameters referred to in Annex I, part 1 relating to which no ecodesign requirement is necessary;

4. the requirements on installation of the EuP where it has a direct relevance to the EuP's environmental performance

considered;

5. the measurement standards and/or measurement methods to be used; when available, harmonised standards the refer-

ence numbers of which have been published in the Official Journal of the European Union will be used;

6. 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 imple-
menting measure will prevail for the requirement concerned;

7. requirements on information to be provided by manufacturers or their authorised representatives to the authorities

for enhanced market surveillance;

8. the duration of the transitional period during which Member States must permit the placing on the market and/or
putting into service of EuPs which comply with the regulations in force in their territory on the date of adoption of
the implementing measure;

9. the date for the evaluation and possible revision of the implementing measure.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 26 August 2003, the Commission presented a proposal based on Article 95 of the Treaty.

2. The Economic and Social Committee delivered its opinion (1) on 31 March 2004.

3. The European Parliament adopted its Opinion (2) at first reading on 20 April 2004, approving 78
amendments. The Commission made an oral presentation of its modified proposal on 27 April
2004. On 29 November 2004, the Council adopted its common position in accordance with
Article 251 of the Treaty.

II. OBJECTIVE OF THE PROPOSAL

4. The objective of this proposal is to create a comprehensive and coherent legislative framework for

addressing eco-design requirements with the aim of:

— ensuring the free movement of energy-using products (EuP) within the EU;

— improving the overall environmental performance of these products and thereby contributing to

the protection of the environment;

— contributing to the security of energy supply and enhancing the competitiveness of the EU

economy.

The proposal applies in principle to any product, except means of transport for persons or goods,
using energy to perform the function for which it is designed, manufactured and put on the market
or into service, and covers all energy sources, although it is likely that only those using electricity,
solid, liquid and gaseous fuel will be the subject of implementing measures.

III. ANALYSIS OF THE COMMON POSITION

5. The main changes introduced by the Council are as follows:

— Clarification that the objective of the proposed Directive (Article 1(4)) is without prejudice to
including

Community waste management legislation and Community chemicals legislation,
Community legislation on fluorinated greenhouse gases.

— Definitions (Article 2): the common position specifies more clearly the scope of the proposal
(definition 1) and the attribution of responsibility for the conformity of the EuP (definitions 6
and 7).

— Placing on the market (Article 3): the common position clarifies that Member States have to

designate authorities responsible for market surveillance and its tasks.

— Free movement (Article 5): the current text makes clear that the EuP must comply with the eco-
design parameters described in Annex I part 1 which are covered by the applicable imple-
menting measure.

— Conformity assessment (Article 7 and Annex V): while maintaining the choice for a manufacturer
between the internal design control (Annex IV) and the management system (Annex V), the
latter has been amended with a view to keeping the possibility for manufacturers to use quality
management systems for proving conformity, as long as they meet the requirements described
in Annex V.

(1) OJ C 112, 30.4.2004, p. 25.
(2) OJ C 104 E, 30.4.2004.

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— Presumption of conformity (Article 8): eco-labels which will be considered to fulfil conditions
equivalent to the Community eco-label will be presumed to be in conformity with the require-
ments of the applicable implementing measures.

— Implementing measures (Article 12): while it is stated that the Commission shall adopt imple-
menting measures, criteria and steps to be taken by the Commission when preparing imple-
menting measures have been clarified and specified, i.e. as concerns the criteria that particular
products must meet before they can be subject to implementing measures (Article 12(2)), in par-
ticular a minimum sales and trade volume threshold.

— Working Plan (Article 13): in order to ensure transparency, the Commission shall establish a
working plan which sets out an indicative list of products which could be subject to imple-
menting measures as a priority, in particular those products which have been identified by the
(European Climate Change Plan) ECCP as offering a high potential for cost-effective reduction of
greenhouse gases.

— Consultation Forum (Article 14): when envisaging to prepare an implementing measure with
regard to a given product, the Commission has to ensure balanced participation of Member
States' representatives and proper involvement of all parties concerned by this product. To this
effect, the common position provides for the establishment of a consultation forum.

— Review (Article 19): the common position provides for an evaluation of the effectiveness of the
Directive and of the implementing measures which may have been adopted under this Directive
within five years after the adoption of this Directive.

— Annex I, part 3 (Requirements for the manufacturer): the description of the requirements for the

manufacturer endeavours to clarify the division of tasks between the parties involved.

— Annex VII (Contents of the implementing measures): it is now specified that implementing measures

may also be subject to evaluation and revision.

IV. AMENDMENTS ACCEPTED

6. Of the 78 Parliament amendments, the Council accepted the following 23, some of them in

substance, partially or in principle.

Recitals:

Amendments 5 to 10: provide for further justification for a framework Directive on promoting eco-
design of products in terms of environmental improvement and energy efficiency (recitals 2 to 7)

Amendment 13: clarifies the need for consumers to be informed (recital 9)

Amendment 16: specifies that priority should be given to energy efficiency in a way not detrimental
to the integrated approach of the Directive (recital 11)

Amendment 17 : confirms that commitments to Kyoto Protocol are without prejudice to the inte-
grated approach (recital 12)

Amendment 20: points out that proper involvement of all parties concerned is required (recital 13)

Amendment 73 : refers to the Commission Communication's chapter dealing with the assessment of
self-regulation by industry in the context of the Directive

Amendment 23: highlights that eco-design should also be integrated in SMEs and very small firms
(recital 17)

Amendment 24: compliance of EuPs with eco-design requirements laid down in implementing
measures will be awarded the ‘CE’ marking and associated information (recital 18).

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Amendment 25: exchange of information by appropriate means of communication should be facili-
tated (recital 22)

Amendment 26: training and information on eco-design for small and medium-sized businesses may
be considered in an appropriate way (recital 23)

Articles:

Amendment 35: the definition of ‘putting into service’ is identical to the one proposed by the EP
(Article 2(5))

Amendment 47: Article 3(2 and 3) takes on board a stricter description of obligations to ensure
market surveillance as proposed by the EP

Amendment 48: provides for allowing information on conformity to be supplied in one or more
other official languages (Article 4(5))

Amendment 59 : establishes a working plan that should set out an indicative list of products which
will be considered as priorities for the adoption of implementing measures (Article 13)

Amendment 63: provides for the creation of a Consultation Forum (Article 14), with a balanced
representation of Member States and all relevant parties, to be consulted before the Committee
established in the Directive

Amendment 65 : establishes the review of the effectiveness of the Directive including implementing
measures within five years after its adoption (Article 19)

Amendment 66: introduces clarification with regard to the methods for setting generic eco-design
requirements, including as concerns the role of the producer, and provides for a separate chapter
covering information obligations (Annex I)

Amendment 69: clarifies the procedure of the internal design control (Annex IV).

V. AMENDMENTS NOT INTEGRATED

7. The Council considered that amendments 1 to 4, 11, 12, 14, 15, 18, 19, 21, 22, 27, 29 to 34, 36
to 46, 49 to 58, 60 to 62, 64, 67 to 68, 70 to 72, 74 to 76 and 79 to 81 would either undermine
the harmonisation aim of the Directive (e.g. 1, 2 and 61), would be inconsistent with the objective
of the Directive or its legal base (e.g. 3, 4, 29, 31, 37, 50 to 52, 64, 67, 68 ), and decided therefore
not to integrate them in its common position. The Commission has rejected the same amendments.