Directive 2008/28/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2005/32/EC establishing a framework for the setting of ecodesign requirements for energy-using products, as well as Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC, as regards the implementing powers conferred on the Commission
Date: 2008-03-11
Institutions: Council of the European Union, European Parliament
Subjects: EC conformity marking, European Commission, eco-label, energy consumption, energy production, energy saving, marketing standard, powers of the institutions (EU)

L 81/48

EN

Official Journal of the European Union

20.3.2008

DIRECTIVE 2008/28/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 March 2008

amending Directive 2005/32/EC establishing a framework for the setting of ecodesign requirements
for energy-using products, as well as Council Directive 92/42/EEC and Directives 96/57/EC and
2000/55/EC, as regards the implementing powers conferred on the Commission

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

down the procedures for the exercise of implementing
powers conferred on the Commission (7).

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

establishing the European

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
Article 251 of the Treaty (2),

laid down in

Whereas:

(1)

fired with liquid or gaseous

Directive 2005/32/EC of the European Parliament and of
the Council (3) and three directives which constitute
implementing measures thereto within the meaning of
Article 15 thereof, namely Council Directive 92/42/EEC
of 21 May 1992 on efficiency requirements for new hot-
fuels (4),
water boilers
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 thereof (5) and Directive 2000/55/EC
of
the Council of
18 September 2000 on energy efficiency requirements
stipulate that
for ballasts
certain measures should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying

the European Parliament and of

lighting (6),

fluorescent

for

(1) OJ C 161, 13.7.2007, p. 45.
(2) Opinion of

the European Parliament of 11 July 2007 (not yet
published in the Official Journal) and Council Decision of 3 March
2008.

(3) OJ L 191, 22.7.2005, p. 29.
(4) OJ L 167, 22.6.1992, p. 17. Directive as last amended by Directive

2005/32/EC.

(5) OJ L 236, 18.9.1996, p. 36. Directive as amended by Directive

2005/32/EC.

(2)

(3)

(4)

(5)

(6)

the

introduced

Decision 1999/468/EC has been amended by Decision
regulatory
2006/512/EC, which
procedure with scrutiny for the adoption of measures
of general scope and designed to amend non-essential
elements of a basic instrument adopted in accordance
with the procedure referred to in Article 251 of the
Treaty, inter alia, by deleting some of those elements or
by supplementing the instrument with new non-essential
elements.

and

the Council

In accordance with the statement by the European
the Commission (8)
Parliament,
concerning Decision 2006/512/EC,
for the regulatory
procedure with scrutiny to be applicable to instruments
adopted in accordance with the procedure referred to in
Article 251 of the Treaty which are already in force,
those instruments must be adjusted in accordance with
the applicable procedures.

The statement comprises a list of
adjusted as a matter of urgency,
2005/32/EC. Adjusting
adjusting
2000/55/EC.

92/42/EEC,

Directives

that Directive

instruments to be
including Directive
necessitates
and

96/57/EC

Directives

The Commission should be empowered to amend or
96/57/EC
repeal
and
92/42/EEC,
2000/55/EC. Such amendment or
repeal must be
adopted in accordance with the regulatory procedure
with scrutiny provided for in Article 5a of Decision
1999/468/EC.

for

defined

In addition, the Commission should be empowered to
implementing measures laying down ecodesign
adopt
energy-using
requirements
products,
including the introduction of
implementing measures
during the transitional period, and including where
appropriate provisions on the balancing of the various
environmental aspects. Since those measures are of
general scope and are designed to amend non-essential
elements of Directive 2005/32/EC by supplementing it
with new non-essential elements, they must be adopted
regulatory procedure with
in accordance with the
scrutiny.

(7) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

(6) OJ L 279, 1.11.2000, p. 33. Directive as amended by Directive

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

2005/32/EC.

(8) OJ C 255, 21.10.2006, p. 1.

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Official Journal of the European Union

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2005/32/EC

Directive
96/57/EC and
amended accordingly.

and Directives

2000/55/EC should

92/42/EEC,
be

therefore

3. Article 16(2) shall be amended as follows:

(7)

(8)

as

Since the amendments made to Directive 2005/32/EC, as
to Directives 92/42/EEC, 96/57/EC and
well
in nature
2000/55/EC, by this Directive are technical
they do not
and concern committee procedure only,
need to be transposed by the Member States.
is
therefore not necessary to lay down provisions to that
effect,

It

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive 2005/32/EC

Directive 2005/32/EC is hereby amended as follows:

1.

in Article 13, the following paragraph shall be inserted:

‘1a.
Guidelines covering specificities of SMEs active in the
product sector affected may accompany an implementing
measure. If necessary, and in accordance with paragraph 1,
specialised material may be produced by the
further
Commission
this
Directive by SMEs.’;

implementation

facilitating

for

of

2. Article 15 shall be amended as follows:

(a) paragraph 1 shall be replaced by the following:

‘1. When an EuP meets
the criteria listed under
it shall be covered by an implementing
paragraph 2,
measure or by a self-regulation measure in accordance
with paragraph 3(b). Such implementing measures,
designed to amend non-essential
this
elements of
Directive by supplementing it,
shall be adopted in
accordance with the regulatory procedure with scrutiny
referred to in Article 19(3).’;

(b) paragraph 10 shall be replaced by the following:

(a)

in the introductory wording, the words ‘the procedure
laid down in Article 19(2) and’ shall be deleted;

(b) the following subparagraph shall be added:

‘Those measures, designed to amend non-essential
elements of this Directive by supplementing it, shall be
adopted in accordance with the regulatory procedure
with scrutiny referred to in Article 19(3).’;

4. Article 19(3) shall be replaced by the following:

reference

‘3. Where
paragraph,
Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC
shall apply, having regard to the provisions of Article 8
thereof.’

is made

this

to

Article 2

Amendment to Directive 92/42/EEC
In Article 10a of Directive 92/42/EEC, the words ‘in accordance
with Article 19(2) of Directive 2005/32/EC’ shall be replaced by
‘in accordance with Article 19(3) of Directive
the words
2005/32/EC’.

Article 3

Amendment to Directive 96/57/EC
In Article 9a of Directive 96/57/EC, the words ‘in accordance
with Article 19(2) of Directive 2005/32/EC’ shall be replaced by
‘in accordance with Article 19(3) of Directive
the words
2005/32/EC’.

Article 4

Amendment to Directive 2000/55/EC
In Article 9a of Directive 2000/55/EC, the words ‘in accordance
with Article 19(2) of Directive 2005/32/EC’ shall be replaced by
‘in accordance with Article 19(3) of Directive
the words
2005/32/EC’.

‘10. Where appropriate, an implementing measure
include
laying down ecodesign requirements
provisions on the balancing of the various environmental
aspects. Those measures, designed to amend non-
essential elements of this Directive by supplementing it,
shall be adopted in accordance with the regulatory
procedure with scrutiny referred to in Article 19(3).’;

shall

Article 5

Entry into force

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

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This Directive is addressed to the Member States.

Article 6

Adressees

Done at Strasbourg, 11 March 2008.

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President

J. LENARČIČ