Proposal for a Directive of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy related products {SEC(2008) 2115} {SEC(2008) 2116}
Date: 2008-06-25
Institutions: European Commission
Subjects: EC conformity marking, eco-label, energy consumption, energy saving, energy-generating product, marketing standard

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 16.7.2008 
COM(2008) 399 final 

2008/0151 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a framework for the setting of ecodesign requirements for energy related 
products 

{SEC(2008) 2115} 
{SEC(2008) 2116} 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

Objective 

The aim of the recast of the framework Directive 2005/32/EC of the European Parliament and 
of  the  Council  of  6  July  2005,  establishing  a  framework  for  the  setting  of  eco-design 
requirements  for  energy-using  products  (EuP)  and  amending  Council  Directive  92/42/EEC 
and  Directives  96/57/EC  and  2000/55/EC  of  the  European  Parliament  and  of  the  Council1, 
hereafter  referred  to  as  the  "Ecodesign  Directive",  is  to  incorporate  the  amending  Directive 
2008/28/EC2  and  to  extend  its  scope  to  allow  for  the  setting  of  Community  ecodesign 
requirements also for all energy related products. In doing so, it follows the overall objective 
to  ensure  the  free  movement  of  products  and  improve  their  environmental  performance, 
thereby protecting the environment. 

Establishing  a  single  framework  for  the  ecodesign  of  energy  related  products  will  ensure 
efficiency and consistency by using a common methodology for setting requirements for such 
products  at  EU  level.  It  will  thus  avoid  the  risk  of  overlapping  national  and  Community 
initiatives. 

The  resulting  comprehensive  Ecodesign  framework  Directive  will  also  be  the  essential 
building block for an integrated sustainable environmental product policy, as complemented 
by  initiatives  on  labelling  and  incentives  relating  to  public  procurement  and  taxation.  In 
addition  to  setting  minimum  requirements  for  the  placing  on  the  market  of  products,  it  will 
enable the setting of environmental performance benchmarks referring to the best performing 
products  on  the  market.  This  is  already  possible  under  the  present  Ecodesign  Directive  for 
energy-using  products  and  will  hence  be  extended  to  be  possible  for  all  energy  related 
products, providing thus for a link to incentives relating to public procurement and taxation.  

1.2. 

General context 

A wide range of European policies have been launched at European and national level in the 
last 30 years in the areas of environmental protection and use of natural resources, including 
energy  saving.  Well  developed  legislation  has  ensured  that  air  quality  has  been  improving, 
that  waste  is  increasingly  controlled,  and  that  emissions  from  industrial  sources  are  being 
reduced. The Action Plan for Energy Efficiency3 will deliver at least 20% saving potential in 
the EU annual primary energy consumption by 2020.  

In addition, a range of policies and instruments have been put in place to foster more efficient 
products  and  improve  information  to  consumers.  The  Ecodesign  Directive  establishes 
minimum requirements for the placing on the market of the products. The labelling schemes 
set by the Directive 92/75/EEC4, hereafter referred to as the "Energy Labelling Directive", the 

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(OJ L 191, 22.7.2005, p. 29). 
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 (OJ L 81, 20.3.2008, p. 48). 
COM(2006) 545 final of 19 October 2006. 
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  (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). 

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Energy Star Regulation5, the Eco-label6 Regulation and other schemes developed by Member 
States,  retailers  and  other  economic  operators  provide  consumers  with  information  on  the 
energy  and  environmental  performance  of  products.  Incentives  and  public  procurement  are 
being  implemented  by  Member  States  to  stimulate  innovation  towards  better  performing 
products.  The  Energy  Star  Regulation  for  office  equipment  obliges  EU  institutions  and 
Member States to purchase office equipment to specific levels of energy efficiency.  

These policies have delivered substantial progress and shown their potential. For example, the 
Energy Labelling Directive is estimated to have delivered one third of the 29% improvements 
of the energy efficiency of refrigerators between 1992 and 1999. Overall, the clear and strong 
evolution  of  the  market  towards  higher-efficiency  of  the  products  covered  by  the  Directive 
contrasts significantly with the scarce progress made beforehand.  

However,  a  number  of  important  obstacles  are  hampering  these  policies  to  reach  their  full 
impact. Overall, existing voluntary and regulatory instruments are not sufficiently connected 
with each other or elaborated from a single policy perspective and potential synergies between 
the  different  policy  instruments  are  not  exploited.  Moreover,  the  fragmentation  of  national 
and regional approaches sends conflicting signals to producers and creates distortions on the 
Internal Market.  

There  is  thus  a  need  for  a  new  policy  approach,  combining  in  an  integrated  action  plan  the 
potential of the different policies instruments and implementing them in a dynamic way. This 
will  include  setting  ambitious  standards  throughout  the  Internal  Market,  ensuring  that 
products are improved and that demand is enhanced by a systemic approach to incentives and 
innovation. This will be achieved by integrating existing tools and strengthening them, where 
necessary.  This  would  complement  existing  environmental  policy,  such  as,  with  regard  to 
energy use, the energy and climate package adopted by the Commission in January 20087. 

The  extension  of  the  product  scope  of  the  Ecodesign  Directive  is  a  cornerstone  of  the 
Sustainable  Consumption  and  Production  and  Sustainable  Industrial  Policy  Communication 
and Action Plans (SCP/SIP), which is a joint initiative of Directorate General Enterprise and 
Industry,  Directorate  General  Environment  and  Directorate  General  Energy  and  Transport. 
Another related proposal included in SCP/SIP is the revision of Energy Labelling Directive, 
which  will  look  into  different  options  regarding  the  labelling  of  an  extended  range  of 
products. As such, it will discuss the “labelling side” of the product policy announced in the 
sustainability  package.  Furthermore,  the  Eco-label  Regulation  is  also  being  revised  to 
coherently  feed  into  this  integrated  product  policy  by  identifying  the  very  top  performing 
products on the market, acting as a "label of excellence".  

1.3. 

Existing Community provisions 

The Community regulatory framework concerning ecodesign of energy-using products is set 
in  the  Ecodesign  Directive,  which  introduces  the  requirements  such  products  placed  on  the 
Community  market  must  meet  if  they  are  to  benefit  from  free  movement  within  the 
Community. The Ecodesign Directive is complementary to existing Community instruments, 
such as REACH8, RoHS9, Energy Labelling Directive and the Directive on the restriction of 

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Regulation (EC) No 106/2008 of the European Parliament and of the Council of 15 January 2008 on a 
Community energy-efficiency labelling programme for office equipment, (OJ L 39 of 15.1.2008, p. 1). 
Regulation  (EC)  No  1980/2000  of  the  European  Parliament  and  of  the  Council  of  17  July  2000  on  a 
revised Community Eco-label Award Scheme (OJ L 237 of 21.9.2000, p. 1). 
COM(2008) 30 final. 
Directive 2006/121/EC of the European Parliament and of the Council of 18 December 2006 amending 
Council Directive 67/548/EEC on the approximation of laws, regulations and administrative provisions 

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use  of  certain  hazardous  substances10.  An  extended  Ecodesign  Directive  will  enable  the 
setting  of  ecodesign  requirements  for,  all  energy  related,  environmentally  significant 
products, where appropriate, to complement existing Community provisions. 

1.4. 

Consistency with other policies and rules 

The proposal is fully consistent with the objectives and aims of the Commission's Sustainable 
Consumption and Production / Sustainable Industrial Policy Communication and Action Plan, 
the European Union Sustainable Development Strategy, the Lisbon Strategy, the Community 
Sixth  Environmental  Action  Programme11,  the  Integrated  Product  Policy12  and  Natural 
Resource  Strategy.  The  proposal  also  contributes  to  other  policies  such  as  informing  and 
empowering consumers. The proposal is also in line with the Inter-institutional Agreement on 
Better Law-Making. 

2. 

CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENT 

2.1. 

Consultations 

The consultation of stakeholders of the SCP/SIP Communication and Action Plan comprising 
the  extension  of  the  scope  of  the  Ecodesign  Directive  was  made  in  a  public  internet 
consultation in the autumn of 2007.  

The  results  of  the  consultations  were  fed  into  the  Impact  assessments  on  the  SCP/SIP 
Communication and Action Plan and the extension of the Ecodesign Directive. 

2.2. 

Collection and use of expertise 

External expertise ZEW was used for the impact assessment. 

2.3. 

Impact assessment  

The extension of the scope of the Ecodesign Directive is part of the SCP/SIP Communication 
and  Action  Plan.  Another  related  proposal  included  in  that  package  is  the  revision  of  the 
Energy Labelling Directive, which will look into different options regarding the labelling of 
an  extended  range  of  products.  As  such,  it  will  discuss  the  “labelling  side”  of  the  product 
policy announced in the Action plan on the Sustainability Package.  

The  current  Ecodesign  Directive  covers  only  energy-using  products  (excluding  means  of 
transport). For these, it can introduce mandatory minimum requirements corresponding to the 
performance of the product that has least life cycle cost. This guarantees that improvements in 
environmental  performance  are  cost-effective.  While  the  purchase  prices  of  these  products 
might rise (at least in the short term), their superior performance more than offsets this over 
the life span of the product by lower usage costs. 

relating  to  the  classification,  packaging  and  labelling  of  dangerous  substances  in  order  to  adapt  it  to 
Regulation (EC) No 1907/2006 concerning the Registration, Evaluation, Authorisation and Restriction 
of Chemicals (REACH) and establishing a European Chemicals Agency (OJ L. L 396 of 30 December 
2006). 
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 equipment (OJ L 37, 
13.2.2003, p. 24.). 
Council  Directive 76/769/EEC  of  27  July  1976  relating  to  restrictions  on  the  marketing  and  use  of 
certain dangerous substances and preparations, (OJ L 262, 27.9.1976, p. 201). 
Sixth  Community  Environment  Action  Programme,  laid  down  by  Decision  No  1600/2002/EC  of  the 
European Parliament and of the Council of 22 July 2002 (OJ L 242, 10.9.2002, p. 1.). 
Communication from the Commission to the Council and the European Parliament - Integrated Product 
Policy - Building on Environmental Life-Cycle Thinking, (IPP) (COM (2003) 302 final). 

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However,  the  impact  assessment  of  the  Action  Plans  mentioned  above  has  shown  that  the 
limitation of the scope of the Ecodesign Directive represents an important restriction on the 
potential  impact  that  the  EU's  Integrated  Product  Policy  can  have.  The  impact  assessment 
report  therefore  analyses  whether  and  how  the  scope  of  the  Ecodesign  Directive  can  be 
extended  and  what  impacts  that  could  have.  The  objective  of  the  report  is  therefore  to 
determine the optimal scope of such an extension. 

Three options are considered:  

(1) 

(2) 

No extension of the scope, thus only energy-using products can be covered, 

Extend  the  scope  beyond  energy  using  products  but  keep  the  current 
exclusion of means of transport, and 

(3) 

Extend the scope to all products. 

The analysis of the impacts is twofold. In a first step, it is determined whether the extension 
of the scope would be possible and whether there would be substantial overlap with existing 
legislation,  such  that  the  existing  regulatory  framework  is  deemed  sufficient  to  address 
environmental impacts. The second step – in case an extension is feasible – is to analyse the 
potential  environmental  and  economic  impacts  that  an  extension  to  that  product  category 
would have. Two studies are relied on to demonstrate the savings potential – particularly with 
respect  to  energy  consumption  –  that  could  be  realized  by  extending  the  scope  of  the 
ecodesign  policy.  The  available  data  does  not  allow  a  precise  quantification  of  the  savings 
potential  for  all  product  categories  but  it  shows  for  selected  product  types  for  which  data 
exists that significant reductions of environmental impacts are possible that at the same time 
also lead to economic savings for businesses and final consumers.  

An extended scope will allow introducing implementing measures for those non energy-using 
product  categories  that  have  the  highest  potential  for  improvement  of  environmental 
performance while also leading to the highest savings during the use phase. This would not be 
possible  under  the  current  Directive  which  is  restricted  to  energy-using  products.  More 
detailed  analyses will be  conducted  for the impact assessments that  need to be prepared  for 
each implementing measure. 

The result of the analysis is that an extension to beyond energy using products, except means 
of transport, would be the preferred option. Means of transport are already subject to complex 
regulation  that  in  addition  to  safety  and  other  aspects  also  addresses  environmental 
performance  (such  as  CO2  and  other  pollutants  emissions  from  cars).  Means  of  transport 
should therefore remain outside the scope of the Ecodesign Directive. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

3.1. 

Summary of the proposed action 

This proposal extends the scope of the framework Ecodesign Directive to cover other energy 
related products than energy-using products, making it possible to set harmonised ecodesign 
requirements for such products in implementing measures. Such ecodesign requirements are 
mandatory provisions set out to ensure that the products do not endanger the environment. 

3.2. 

Legal basis 

The  legal  basis  of  this  proposal  for  a  recast  of  the  Ecodesign  Directive  2005/32/EC  is 
provided by Article 95 of the EC Treaty, which sets out the principles for the establishment of 
the internal market. The Ecodesign Directive ensures the free movement of products falling 

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within its scope that satisfies the environmental and energy related requirements laid down in 
the implementing measures adopted under the Directive. 

While  the  proposal  extends  the  scope  beyond  energy-using  products,  requirements  on 
products will only be set when implementing measures are adopted. 

3.3. 

Subsidiarity principle 

The  subsidiarity  principle  applies  insofar  as  the  proposal  does  not  fall  under  the  exclusive 
competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved by the Member States for the 
following reason. 

To leave the setting of ecodesign requirements for products to the Member States would lead 
to divergent national provisions and procedures having similar objectives that would generate 
undue  costs  for  industry  and  constitute  obstacles  to  the  free  movement  of  goods  within  the 
Community. 

Community action will better achieve the objectives of the proposal for the following reasons. 

Acting at the Community level is the only way to achieve the objective of the proposal while 
ensuring  that  the  requirements  for  products  placed  on  the  market  are  equal  in  all  Member 
States, thereby ensuring the free movement of goods in the Community. 

The  scope  of  the  proposal  is  limited  to  new  products  placed  for  the  first  time  on  the 
Community market. 

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3.4. 

Proportionality principle 

The proposal complies with the proportionality principle for the following reasons. 

This proposal does not go beyond what is necessary in order to achieve the objective, and is 
therefore  in  accordance  with  the  principle  of  proportionality,  as  set  out  in  Article  5  of  the 
Treaty. 

Administrative  and  financial  burden  falling  upon  the  Community  and  national  authorities  is 
minimized  by  including  the  ecodesign  requirements  for  all  energy  related  products  in  the 
Directive  as  proposed.  This  inclusion  minimizes,  for  example,  the  costs  of  establishing 
procedures  related  to  market  surveillance  for  non  energy-using  products  because  such 
procedures already exist for enforcement of the Ecodesign Directive. 

The  possible  increase  in  average  production  costs  which  may  be  incurred  by  some 
manufacturers  and  which  may  be  transferred  to  users  via  increased  prices  of  products  is 
proportionate  to  the  advantage  to  be  gained  from  reduction  of  adverse  effects  on  the 
environment and savings by users due to increased efficiency of products during the full life 
cycle. 

3.5. 

Choice of instruments 

Proposed instruments: directive. 

The  proposed  instrument  is  in  line  with  the  Inter-institutional  Agreement  on  Better  Law-
Making  and  consistent  with  the  option  of  including  the  new  provisions  in  the  framework  of 
existing Community legislation. 

4. 

BUDGETARY IMPLICATION 

It appears that there are two areas in which the actions might generate administrative costs for 
Members States and the Commission. These are: 

(a)  Work  for  defining  implementing  measures  of the Ecodesign Directive.  The  extension of 
the product scope of the Ecodesign Directive will broaden the choice of  product  groups for 
which  implementing  measures  can  be  adopted.  Among  those,  significant  priority  products, 
which  have  a  significant  environmental  impact  and  potential  for  improvement,  will  be 
identified and listed in the Working Plan referred to in Article 16 of the Ecodesign Directive. 
The  eventual  additional  budgetary  needs,  resulting  from  the  extension  of  the  product  scope 
will be determined by the Working Plan. The potential allocation of additional resources must 
be compatible with existing financial programming and will be subject to the current financial 
and  budgetary  rules  and  procedures.  The  integration  of  the  decision  structures  of  the 
Ecodesign Directive and the Energy Labelling Directive and the informative role of the eco-
label will provide synergies which guarantee that resources are used such that implementing 
measures have the biggest environmental impacts at the lowest cost for the economy. 

(b)  We  cannot  be  precise  about  the  time  and  costs  involved  but  as  a  guideline  we  have 
assumed that amending the Ecodesign Directive would require six full time equivalent work 
from  Commission  officials  and  equivalent  amounts  of  time  from  officials  in  at  least  10 
Member  States  (it  is  unlikely  that  all  Member  States  would  be  involved  in  the  detailed 
discussions). Given the average annual cost of a Commission official (€ 117.000), this would 
cost the Commission around € 702,000.  This does not include any add on for overhead costs. 
The  assignment  of  staff  for  these  particular  tasks  from  existing  or  additional  resources 

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remains subject to resources availability and will be decided in the framework of the annual 
resources allocation procedure. 

5. 

ADDITIONAL INFORMATION 

5.1. 

National provisions 

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. 

5.2. 

European Economic Area 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the  European 
Economic Area. 

5.3. 

Detailed explanation 

As  stated,  Directive  2005/32/EC  has  been  substantially  amended  by  Directive  2008/28/EC. 
Since further amendments, relating to the extension of the product scope to include all energy 
related  products  are  to  be  made,  it  should  be  recast13  in  the  interests  of  clarity.  The 
Commission  stresses  the  importance  of  not  disrupting  the  ongoing  implementation  of  the 
present Ecodesign Directive and safeguards it by strictly limiting the proposal and scope for 
discussion to the extension of the product scope. 

Amendments  are  introduced  into  the  recitals  and  provisions  of  the  Ecodesign  Directive  to 
reflect the extension of the scope to cover all energy related products. 

In Article 2, in particular, the definition of energy related product is introduced. 

In Article 21, relating to the review of the Directive by the Commission, it is added that, in 
the  context  of  the  extension  of  the  product  scope,  the  Commission  shall  also  review  the 
appropriateness of extending the scope of the Directive to non energy related products. 

Article 23 sets the provisions for implementation of the recasted Directive by Member States 
and defines its date of application. 

The  provisions  of  Articles  10,  12,  13,  16  to  19,  23  and  24  and  Annex  VI  of  Directive 
2005/32/EC remain unchanged. 

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The  relevant  rules  on  recasting  of  Community  legislation  apply,  namely  the  Interinstitutional 
Agreement  of  28  November  2001  on  a  more  structured  use  of  the  recasting  technique  for  legal  acts, 
Official Journal C 077, 28/03/2002 p.1, and Rules 80 A of the European Parliament Rules of procedure. 

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(cid:208) 2005/32 (adapted) 
(cid:214) new 
2008/0151 (COD) 

Proposal for a 

DIRECTIVE …/… OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

of […] 

establishing a framework for the setting of ecodesign requirements for energy-using 
(cid:214) related  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 

⌦ (Text with EEA relevance) ⌫ 

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 Commission, 
Having regard to the opinion of the European Economic and Social Committee14, 
Having regard to the opinion of the Committee of the Regions15, 

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

Whereas: 

(cid:216) new 

(1) 

Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 
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  Council16  has  been  substantially 
amended17. Since further amendments are to be made (which are strictly limited to the 
extension  of  the  scope  of  application  of  the  Directive  to  include  all  energy  related 
products), it should be recast in the interests of clarity. 

14 
15 
16 
17 

OJ C […]. 
OJ C […]. 
OJ L 191, 22.7.2005, p. 29. Directive as amended by Directive 2008/28/EC (OJ L 81, 20.3.2008, p. 48). 
See Annex IX, Part A. 

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(2) 

(3) 

(4) 

(5) 

(cid:208) 2005/32 Recital 1 
(cid:214) new 

The disparities between the laws or administrative measures adopted by the Member 
States  in  relation  to  the  ecodesign  of  energy-using  (cid:214) related   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. (cid:214) The extension of the scope to all energy related products ensures that 
ecodesign requirements for all significant energy related products can be harmonised 
at Community level.  

(cid:208) 2005/32 Recital 2 
(cid:214) new 

Energy-using  (cid:214) related   products  (EuPs)  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 by 
identifying the major sources of negative environmental impacts and avoiding transfer 
of pollution, when this improvement does not entail excessive costs. 

impact  can  be  noted 

though 

(cid:208) 2005/32 Recital 3 

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

(cid:208) 2005/32 Recital 4 

Energy  efficiency  improvement  —  with  one  of  the  available  options  being  more 
efficient  end  use  of  electricity  —  is  regarded  as  contributing  substantially  to  the 
achievement  of  greenhouse  gas  emission  targets  in  the  Community.  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 this trend. A 
significant  reduction  in  energy  consumption  as  suggested  by  the  Commission  in  its 
European Climate Change Programme (ECCP) is possible. Climate change is one of 
the priorities of the Sixth Community Environment Action Programme, laid down by 

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Decision No 1600/2002/EC of the European Parliament and of the Council18. Energy 
saving is the most cost-effective way to increase security of supply and reduce import 
dependency.  Therefore,  substantial  demand  side  measures  and  targets  should  be 
adopted. 

(6) 

Action should be taken during the design phase of EuPs (cid:214) energy related products , 
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. 

(cid:208) 2005/32 Recital 5 
(cid:214) new 

(cid:208) 2005/32 Recital 6 
(cid:214) new 

(7) 

A coherent framework for the application of Community ecodesign requirements for 
EuPs (cid:214) energy related products  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 
fair competition and international trade. 

(8) 

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

(cid:208) 2005/32 Recital 7 

(cid:208) 2005/32 Recital 8 
(cid:214) new 

(9) 

This  Directive  seeks  to  achieve  a  high  level  of  protection  for  the  environment  by 
reducing  the  potential  environmental  impact  of  EuPs  (cid:214) energy  related  products , 
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  the  energy  supply,  which  is  a  precondition  of  sound 
economic activity and therefore of sustainable development. 

(10)  A Member State deeming it necessary to maintain national provisions on grounds of 
major  needs  relating  to  the  protection  of  the  environment,  or  to  introduce  new  ones 

(cid:208) 2005/32 Recital 9 

18 

OJ L 242, 10.9.2002, p. 1. 

EN 

11 

   EN 

 
 
 
 
 
 
                                                 
based  on  new  scientific  evidence  relating  to  the  protection  of  the  environment  on 
grounds of a problem specific to that Member State arising after  the adoption of the 
applicable  implementing  measure,  may  do  so  following  the  conditions  laid  down  in 
Article 95(4),  (5)  and  (6)  of  the  Treaty,  that  provides  for  a  prior  notification  to  and 
approval from the Commission. 

(cid:208) 2005/32 Recital 10 
(cid:214) new 

(11) 

In  order  to  maximise  the  environmental  benefits  from  improved  design  it  may  be 
necessary 
the  environmental  characteristics  and 
performance  of  EuPs  (cid:214) energy related  products   and  to  advise  them  about  how  to 
use products in a manner which is environmentally friendly. 

inform  consumers  about 

to 

(cid:208) 2005/32 Recital 11 (adapted) 

(12)  The  approach  set  out 

in 

the  Green  Paper  on  Integrated  Product  Policy 
⌦ Communication from the Commission to the Council and the European Parliament 
- Integrated Product Policy - Building on Environmental Life-Cycle Thinking, (IPP)19 
⌫, 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  design  stage  a  product's  environmental  impact 
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 considerations. 

(13)  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. 

(cid:208) 2005/32 Recital 12 

(cid:208) 2005/32 Recital 13 

(14) 

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 impact 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 Change (UNFCCC), and without 
prejudice to the integrated 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 

19 

COM (2003) 302 final of 18.6.2003 

EN 

12 

   EN 

 
 
 
 
 
                                                 
resources and constitute a major contribution to the 10-year framework of programmes 
on  sustainable  production  and  consumption  agreed  at  the  World  Summit  on 
Sustainable Development in Johannesburg in September 2002. 

(15)  (cid:214) Where appropriate and  Aas a general principle, the energy consumption of EuPs 
(cid:214) energy  related  products   in  stand-by  or  off-mode  should  be  reduced  to  the 
minimum necessary for their proper functioning. 

(cid:208) 2005/32 Recital 14 
(cid:214) new 

(cid:208) 2005/32 Recital 15 

(16)  While the best-performing products or technologies available on the market, including 
on  international  markets,  should  be  taken  as  reference,  the  level  of  ecodesign 
requirements  should  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. 
Interested parties involved should be consulted and cooperate actively in this analysis. 
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  cycles  and  facilitates 
long term planning for interested parties. 

(17)  Priority should be given to alternative courses of action such as self-regulation by the 
industry where such action is 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. 

(cid:208) 2005/32 Recital 16 

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

(cid:208) 2005/32 Recital 17 

(19)  For  the  assessment  of  voluntary  agreements  or  other  self-regulation  measures 
presented  as  alternatives  to  implementing  measures,  information  on  at  least  the 
following  issues  should  be  available:  openness  of  participation,  added  value, 
representativeness,  quantified  and  staged  objectives,  involvement  of  civil  society, 

(cid:208) 2005/32 Recital 18 

EN 

13 

   EN 

 
 
 
 
 
 
monitoring  and  reporting,  cost-effectiveness  of  administering  a  self-regulatory 
initiative, sustainability. 

(20)  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. 

(cid:208) 2005/32 Recital 19 

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

(cid:208) 2005/32 Recital 20 

(cid:208) 2005/32 Recital 21 
(cid:214) new 

(22)  EuPs  (cid:214) Energy  related  products   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 environmental impact of regulated EuPs (cid:214) energy related products  and 
to ensure fair competition. 

(cid:208) 2005/32 Recital 22 

(23)  When preparing implementing measures and its working plan the Commission should 
consult Member States' representatives as well as interested parties concerned with the 
product  group,  such  as  industry,  including  SMEs  and  craft  industry,  trade  unions, 
traders, 
importers,  environmental  protection  groups  and  consumer 
organisations. 

retailers, 

(cid:208) 2005/32 Recital 23 

(24)  When  preparing  implementing  measures,  the  Commission  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. 

EN 

14 

   EN 

 
 
 
 
 
 
(cid:208) 2005/32 Recital 24 

(25)  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, which 
are intended to be used in the technical harmonisation directives20. 

(cid:208) 2005/32 Recital 25 

(26)  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 cooperation should make the utmost use of electronic means of communication 
and relevant Community programmes. The exchange of information on environmental 
life  cycle  performance  and  on  the  achievements  of  design  solutions  should  be 
facilitated. The accumulation and dissemination  of the body of  knowledge generated 
by  the  ecodesign  efforts  of  manufacturers  is  one  of  the  crucial  benefits  of  this 
Directive. 

(27)  A  competent  body  is  usually  a  public  or  private  body,  designated  by  the  public 
authorities, and presenting the necessary guarantees for impartiality and availability of 
technical  expertise  for  carrying  out  verification  of  the  product  with  regard  to  its 
compliance with the applicable implementing measures. 

(cid:208) 2005/32 Recital 26 

(28)  Noting the importance of avoiding non-compliance, Member States should ensure that 

the necessary means are available for effective market surveillance. 

(cid:208) 2005/32 Recital 27 

(29) 

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

(cid:208) 2005/32 Recital 28 

(30) 

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 

(cid:208) 2005/32 Recital 29 

20 

OJ L 220, 30.8.1993, p. 23. 

EN 

15 

   EN 

 
 
 
 
 
 
 
                                                 
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. 

(cid:208) 2005/32 Recital 30 

(31)  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  requirements  of  the  applicable  implementing  measure.  These 
standards  should  clearly  indicate  the  relationship  between  their  clauses  and  the 
requirements  dealt  with.  The  purpose  of  harmonised  standards  should  not  be  to  fix 
limits for environmental aspects. 

(32)  For  the  purpose  of  definitions  used  in  this  Directive  it  is  useful  to  refer  to  relevant 

international standards such as ISO 14040. 

(cid:208) 2005/32 Recital 31 

(cid:208) 2005/32 Recital 32 

(33)  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  standards21  and  of  making  reference  to  harmonised 
European  standards.  The  Council  Resolution  of  28 October  1999  on  the  role  of 
standardisation  in  Europe22  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. 

(cid:208) 2005/32 Recital 33 (adapted) 

(34)  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 
appliances23,  Regulation  (EC)  No 1980/2000  of  the  European  Parliament  and  of  the 
Council  of  17 July  2000  on  a  revised  Community  eco-label  award  scheme24, 
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 

21 
22 
23 

24 

OJ C 136, 4.6.1985, p. 1. 
OJ C 141, 19.5.2000, p. 1. 
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). 
OJ L 237, 21.9.2000, p. 1. 

EN 

16 

   EN 

 
 
 
 
 
                                                 
labelling  programme 

equipment ⌦ 106/2008 of the European Parliament and of the Council of 15 January 
for  office 
2008  on  a  Community  energy-efficiency 
equipment ⌫25, Directive 2002/96/EC of the European Parliament and of the Council 
of 27 January 2003 on waste electrical and electronic equipment (WEEE)26, 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 
equipment27 and Council Directive 76/769/EEC of 27 July 1976 on the approximation 
of the laws, regulations and administrative provisions of the Member States relating to 
restrictions on the marketing and use of certain dangerous substances and preparations 
⌦ Directive  2006/121/EC  of  the  European  Parliament  and  of  the  Council  of  18 
December  2006  amending  Council  Directive  67/548/EEC  on  the  approximation  of 
laws, regulations and administrative provisions relating to the classification, packaging 
and  labelling  of  dangerous  substances  in  order  to  adapt  it  to  Regulation  (EC)  No 
1907/2006  concerning  the  Registration,  Evaluation,  Authorisation  and  Restriction  of 
Chemicals (REACH) and establishing a European Chemicals Agency ⌫28. Synergies 
between  this  Directive  and  the  existing  Community  instruments  should  contribute  to 
increasing 
impacts  and  building  coherent  requirements  for 
manufacturers to apply. 

their  respective 

(cid:208) 2005/32 Recital 34 (adapted) 

Since Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-
water boilers fired with liquid or gaseous fuels29, 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 thereof30 
and  Directive  2000/55/EC  of  the  European  Parliament  and  of  the  Council  of 
18 September  2000  on  energy  efficiency  requirements  for  ballasts  for  fluorescent 
lighting31  already  contain  provisions  for  the  revision  of  the  energy  efficiency 
requirements, they should be integrated into the present framework. 

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. 

(cid:208) 2005/32 Recital 35 (adapted) 

25 
26 

27 

28 

29 

30 
31 

OJ L 332, 15.12.2001⌦ 39 of 13.2.2008 ⌫, p. 1. 
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) ⌦ 2008/34/EC (OJ L 81, 20.3.2008, p. 65) ⌫. 
OJ L 37, 13.2.2003, p. 19. ⌦ Directive as last amended by Directive 2008/35/EC (OJ L 81, 20.3.2008, 
p. 67). ⌫ 
OJ  L 262,  27.9.1976,  p. 201.  Directive  as  last  amended  by  Commission  Directive  2004/98/EC  (OJ 
L 305, 1.10.2004, p. 63) ⌦ 396 of 30.12.2006, p. 850 ⌫. 
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 ). 
OJ L 236, 18.9.1996, p. 36.  
OJ L 279, 1.11.2000, p. 33.  

EN 

17 

   EN 

 
 
 
                                                 
(cid:208) 2005/32 Recital 36 (adapted) 

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  buildings32  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  fuels33  and  Directive  2002/91/EC  of  the  European  Parliament  and  of  the 
Council  of  16 December  2002  on  the  energy  performance  of  buildings34.  Directive 
78/170/EEC should therefore be repealed. 

(cid:208) 2005/32 Recital 37 (adapted) 

Council Directive 86/594/EEC of 1 December 1986 on airborne noise emitted by household 
appliances35 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. 

(35)  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 Commission36.  

(cid:208) 2005/32 Recital 38 

(36)  The  Commission  should  be  empowered  to  amend  or  repeal  Directives  92/42/EEC, 
96/57/EC and 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. 

(cid:208) 2008/28 Recital 5 

32 

33 
34 
35 

36 

OJ  L 52,  23.2.1978,  p. 32.  Directive  as  amended  by  Directive  82/885/EEC  (OJ  L 378,  31.12.1982, 
p. 19). 
OJ L 196, 26.7.1990, p. 15. Directive as amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1). 
OJ L 1, 4.1.2003, p. 65. 
OJ  L 344,  6.12.1986,  p. 24.  Directive  as  amended  by  Regulation  (EC)  No 807/2003  (OJ  L 122, 
16.5.2003, p. 36). 
OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 
11). 

EN 

18 

   EN 

 
 
 
 
 
                                                 
(cid:208) 2008/28 Recital 6 (adapted) 
(cid:214) new 

(37) 

In  addition,  the  Commission  should  be  empowered  to  adopt  implementing  measures 
laying down ecodesign  requirements for defined energy-using (cid:214) related  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 ⌦ this ⌫ Directive 2005/32/EC by supplementing 
it  with  new  non-essential  elements,  they  must  be  adopted  in  accordance  with  the 
regulatory procedure with scrutiny. 

(38)  The Commission should, on the basis of the experience from applying the Directive, 
review its operation and effectiveness and assess the appropriateness of extending its 
scope  beyond  energy  related  products.  Within  the  review  the  Commission  should 
consult Member States' representatives as well as concerned interested parties. 

(cid:216) new 

(39)  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. 

(cid:208) 2005/32 Recital 39 

(cid:208) 2005/32 Recital 40 

(40) 

It  should  be  remembered  that  paragraph 34  of  the  Interinstitutional  agreement  on 
better law-making37 states that the Council ‘will encourage the Member States to draw 
up, for themselves and in the interests of the Community, their own tables which will, 
as  far  as  possible,  illustrate  the  correlation  between  directives  and  the  transposition 
measures and to make them public.’ 

(cid:208) 2005/32 Recital 41 

(41)  Since  the  objective  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 its 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, 

37 

OJ C 321, 31.12.2003, p. 1. 

EN 

19 

   EN 

 
 
 
 
 
 
                                                 
as set out in that Article, this Directive does not go beyond what is necessary in order 
to achieve this objective. 

The Committee of the Regions was consulted but did not deliver an opinion, 

(cid:208) 2005/32 Recital 42 (adapted) 

(cid:216) new 

(42)  The obligation to transpose this Directive into national law should be confined to those 
provisions  which  represent  a  substantive  change  as  compared  with  the  earlier 
Directive. The obligation to transpose the provisions which are unchanged arises under 
the earlier Directive. 

(43)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating to the time-limits for transposition into national law of the Directives set out in 
Annex IX, Part B, 

(cid:208) 2005/32 
(cid:214) new 

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  (cid:214) related   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 (cid:214) related  
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 environment, while at the same time increasing 
the security of the energy supply. 

3. This Directive shall not apply to means of transport for 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. 

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

Article 2 

Definitions 

EN 

20 

   EN 

 
 
 
 
(cid:208) 2005/32 (adapted) 
(cid:214) new 

1.  ‘Energy-using  (cid:214) related   product’  or  EuP  ⌦ ,  hereinafter  referred  to  as 
'product', ⌫ means a product (cid:214) any good having an impact on energy consumption 
during  use   which,  once  ⌦ is ⌫  placed  on  the  market  and/or  put  into  service 
(cid:214) in  the  European  Union  ,  is  dependent  on  energy  input  (electricity,  fossil  fuels 
and renewable energy sources) to work as intended, or a product for the generation, 
transfer and measurement of such energy, including parts dependent on energy input 
and intended to be incorporated into an EuP (cid:214) energy related products  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 
independently; 

(cid:208) 2005/32 
(cid:214) new 

2.‘Components  and  sub-assemblies’  means  parts  intended  to  be  incorporated  into 
EuPs (cid:214) products , 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; 

3.‘Implementing  measures’  means  measures  adopted  pursuant  to  this  Directive 
laying  down  ecodesign  requirements  for  defined  EuPs  (cid:214) products   or  for 
environmental aspects thereof; 

4.‘Placing on the market’ means making an EuP (cid:214) a product  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; 

5.‘Putting into service’ means the first use of an EuP (cid:214) a product  for its intended 
purpose by an end-user in the Community; 

6.‘Manufacturer’  means  the  natural  or  legal  person  who  manufactures  EuPs 
(cid:214) products  covered by this Directive and is responsible 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 manufacturer as defined in the first sentence or of an importer as 
defined in point 8, any natural or legal person who places on the market and/or puts 
into service products covered by this Directive shall be considered a manufacturer; 

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.‘Importer’  means  any  natural  or  legal  person  established  in  the  Community  who 
places a product from a third country on the Community market in the course of his 
business; 

EN 

21 

   EN 

 
 
 
 
 
 
 
 
 
 
 
9.‘Materials’  means  all  materials  used  during  the  life  cycle  of  an  EuPs  (cid:214) a 
product ; 

10.‘Product design’ means the set of processes that transform legal, technical, safety, 
functional, market or other requirements to be met by an EuP (cid:214) a product  into the 
technical specification for that EuP (cid:214) product ; 

11.‘Environmental aspect’ means an element or function of an EuP (cid:214) a product  
that can interact with the environment during its life cycle; 

12.‘Environmental impact’ means any change to the environment wholly or partially 
resulting from an EuP (cid:214) a product  during its life cycle; 

13.‘Life  cycle’  means  the  consecutive  and  interlinked  stages  of  an  EuP  (cid:214) a 
product  from raw material use to final disposal; 

14.‘Reuse’ means any operation by which an EuP (cid:214) a product  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 (cid:214) a product  which is 
returned to a collection point, distributor, recycler or manufacturer, as well as reuse 
of an EuP (cid:214) a product  following refurbishment;  

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

16.‘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; 

(cid:208) 2005/32 (adapted) 

17.‘Recovery’ means any of the applicable operations provided for in Annex II B to 
Council  Directive  75/442/EEC  of  15 July  1975  ⌦ 2006/12/EC  of  the  European 
Parliament and of the Council of 5 April 2006 ⌫ on waste38; 

18.‘Waste’  means  any  substance  or  object  in  the  categories  set  out  in  Annex I  to 
Directive 75/442/EEC⌦ 2006/12/EC ⌫ which the holder discards or intends or is 
required to discard; 

(cid:208) 2005/32 
(cid:214) new 

19.‘Hazardous waste’ means any waste which is covered by Article 1(4) of Council 
Directive 91/689/EEC of 12 December 1991 on hazardous waste39; 

20.‘Ecological  profile’  means  a  description,  in  accordance  with  the  implementing 
measure  applicable  to  the  EuP  (cid:214) product   ,  of  the  inputs  and  outputs  (such  as 
materials,  emissions  and  waste)  associated  with  an  EuP  (cid:214) a  product   throughout 

38 

39 

OJ  L 194,  25.7.1975,  p. 39⌦ 114,  27.4.2006,  p.  9 ⌫.Directive  as  last  amended  by  Regulation  (EC) 
No 1882/2003. 
OJ L 377, 31.12.1991, p. 20.Directive as amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28). 

EN 

22 

   EN 

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

21.‘Environmental performance’ of an EuP (cid:214) a product  means the results of the 
manufacturer's management of the environmental aspects of the EuP (cid:214) product  , 
as reflected in its technical documentation file; 

22.‘Improvement of the environmental performance’ means the process of enhancing 
the  environmental  performance  of  an  EuP  (cid:214) a  product   over  successive 
generations,  although  not  necessarily  in  respect  of  all  environmental  aspects  of  the 
product simultaneously; 

23.‘Ecodesign’  means  the  integration  of  environmental  aspects  into  product  design 
with the aim of improving the environmental performance of the EuP (cid:214) product  
throughout its whole life cycle; 

24.‘Ecodesign  requirement’  means  any  requirement  in  relation  to  an  EuP  (cid:214) a 
product ,  or  the  design  of  an  EuP  (cid:214) a  product ,  intended  to  improve  its 
environmental  performance,  or  any  requirement  for  the  supply  of  information  with 
regard to the environmental aspects of an EuP (cid:214) a product ; 

25.‘Generic ecodesign requirement’ means any ecodesign requirement based on the 
ecological profile as a whole of an EuP (cid:214) a product  without set limit values for 
particular environmental aspects; 

26.‘Specific  ecodesign  requirement’  means  a  quantified  and  measurable  ecodesign 
requirement relating to a particular environmental aspect of an EuP (cid:214) a product , 
such  as  energy  consumption  during  use,  calculated  for  a  given  unit  of  output 
performance; 

27.‘Harmonised  standard’  means  a  technical  specification  adopted  by  a  recognised 
standards  body  under  a  mandate  from  the  Commission,  in  accordance  with  the 
procedure  laid  down  in  Directive  98/34/EC  of  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  regulations40,  for  the  purpose  of  establishing  a 
European requirement, compliance with which is not compulsory. 

Article 3 

Placing on the market and/or putting into service 

1.  Member  States  shall  take  all  appropriate  measures  to  ensure  that  EuPs  (cid:214) products  
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 5. 

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 arrangements of the competent authorities which shall be entitled: 

(i) to organise appropriate checks on EuP (cid:214) product  compliance, on an adequate 
scale,  and  to  oblige  the  manufacturer  or  its  authorised  representative  to  recall  non-
compliant EuPs (cid:214) products  from the market in accordance with Article 7; 

40 

OJ L 204, 21.7.1998, p. 37.Directive as last amended by the 2003 Act of Accession. 

EN 

23 

   EN 

 
 
 
 
 
 
 
 
 
                                                 
(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 compliance checks. 

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

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

Article 4 

Responsibilities of the importer 

Where  the  manufacturer  is  not  established  within  the  Community  and  in  the  absence  of  an 
authorised representative, the obligation: 

– 

– 

to  ensure  that  the  EuP  (cid:214) product   placed  on  the  market  or  put  into  service 
complies with this Directive and the applicable implementing measure, 

to keep the declaration of conformity and the technical documentation available, 

shall lie with the importer. 

Article 5 

Marking and declaration of conformity 

1. Before an EuP (cid:214) a product  covered by implementing measures is 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  (cid:214) product   complies  with  all  relevant  provisions  of  the  applicable 
implementing measure. 

2. The CE conformity marking consists of the initials ‘CE’ as shown in Annex III. 

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

4. The affixing of markings on an EuP (cid:214) a product  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 (cid:214) product  reaches the end-user. 

Member  States  shall  also  authorise  the  provision  of  this  information  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  (cid:214) product   and  the  nature  of  the 
information which is to be provided. 

EN 

24 

   EN 

 
 
 
 
 
Article 6 

Free movement 

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  (cid:214) a  product   that  complies  with  all  the  relevant 
provisions of the applicable implementing measure and bears the CE marking in accordance 
with Article 5. 

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 (cid:214) a product  bearing the CE marking 
in  accordance  with  Article 5  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. 

3.  Member  States  shall  not  prevent  the  display,  for  example  at  trade  fairs,  exhibitions  and 
demonstrations, of EuPs (cid:214) products  which are not in conformity with the provisions of the 
applicable implementing measure, provided that there is a visible indication that they may not 
be placed on the market and/or put into service until brought into conformity. 

Article 7 

Safeguard clause 

1.  Where  a  Member  State  ascertains  that  an  EuP  (cid:214) a  product   bearing  the  CE  marking 
referred to in Article 5 and used in accordance with its intended use does not comply with all 
the  relevant  provisions  of  the  applicable  implementing  measure,  the  manufacturer  or  its 
authorised  representative  shall  be  obliged  to  make  the  EuP  (cid:214) product   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  there  is  sufficient  evidence  that  an  EuP  (cid:214) a  product   might  be  non-compliant,  the 
Member State shall take the necessary measures which, depending on the gravity of the non-
compliance,  can  go  as  far  as  the  prohibition  of  the  placing  on  the  market  of  the  EuP 
(cid:214) product  until compliance is established. 

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 (cid:214) product  in 
question or ensure that it is withdrawn from the market. 

In cases of prohibition or withdrawal from the market, the Commission and the other Member 
States shall be immediately informed. 

2. Any decision by a Member State pursuant to this Directive which restricts or prohibits the 
placing on the market and/or the putting into service of an EuP (cid:214) a product  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 Commission and the other Member States 
of  any  decision  taken  pursuant  to  paragraph 1,  indicating  the  reasons  therefore,  and,  in 
particular, whether non-compliance is due to: 

EN 

25 

   EN 

 
(a) failure to satisfy the requirements of the applicable implementing measure; 

(b) incorrect application of harmonised standards as referred to in Article 10(2); 

(c) shortcomings in harmonised standards as referred to in Article 10(2). 

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

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 unjustified, it shall immediately inform 
the Member States to that effect. 

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 10(2), (3) 
and  (4).  The  Commission  shall  at  the  same  time  inform  the  Committee  referred  to  in 
Article 19(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. 

7. The decisions taken by Member States pursuant to this Article shall be made public, in a 
transparent way. 

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

Article 8 

Conformity assessment 

1. Before placing  an EuP (cid:214) a  product  covered  by implementing  measures  on the market 
and/or  putting  such  an  EuP  (cid:214) a  product   into  service,  the  manufacturer  or  its  authorised 
representative shall ensure that an assessment of the EuP's (cid:214) product's  conformity with all 
the relevant requirements of the applicable implementing measure is carried out. 

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  management  system  set  out  in  Annex V.  When  duly  justified  and 
proportionate  to  the  risk,  the  conformity  assessment  procedure  shall  be  specified  among 
relevant modules as described in Decision 93/465/EEC. 

If  a  Member  State  has  strong  indications  of  probable  non-compliance  of  an  EuP  (cid:214) a 
product , that Member State shall as soon as possible publish a substantiated assessment of 
the EuP's (cid:214) product's  compliance which may be conducted by a competent body in order 
to allow timely corrective action, if any. 

If an EuP (cid:214) a product  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  organisations  in  a 
Community eco-management and audit scheme (EMAS)41 and the design function is included 
within  the  scope  of  that  registration,  the  management  system  of  that  organisation  shall  be 
presumed to comply with the requirements of Annex V to this Directive. 

41 

OJ L 114, 24.4.2001, p. 1. 

EN 

26 

   EN 

 
 
 
 
                                                 
If an EuP (cid:214) a product  covered by implementing measures is designed by an organisation 
having  a  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 management system shall 
be presumed to comply with the corresponding requirements of Annex V. 

3. After placing an EuP (cid:214) a product  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 (cid:214) product  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. 

4. Documents relating to the conformity assessment and declaration of conformity referred to 
in Article 5 shall be drawn up in one of the official languages of the Community. 

Article 9 

Presumption of conformity 

1. Member States shall regard an EuP (cid:214) a product  bearing the CE marking referred to in 
Article 5 as conforming to the relevant provisions of the applicable implementing measure. 

2. Member States shall regard an EuP (cid:214) a product  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. 

3.  EuPs  (cid:214) Products   which  have  been  awarded  the  Community  eco-label  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 19(2), may decide 
that  other  eco-labels  fulfil  equivalent  conditions  to  the  Community  eco-label  pursuant  to 
Regulation  (EC)  No 1980/2000.  EuPs  (cid:214) Products   which  have  been  awarded  such  other 
eco-labels  shall  be  presumed  to  comply  with  the  ecodesign  requirements  of  the  applicable 
implementing measure, insofar as those requirements are met by that eco-label. 

Article 10 

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. 

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

EN 

27 

   EN 

 
3.  In  the  light  of  that  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. 

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

Article 11 

Requirements for components and sub-assemblies 

Implementing measures may require manufacturers or their authorised representatives placing 
components and sub-assemblies on the market and/or putting them into service to provide the 
manufacturer  of  an  EuP  (cid:214) a  product   covered  by  implementing  measures  with  relevant 
information  on  the  material  composition  and  the  consumption  of  energy,  materials  and/or 
resources of the components or sub-assemblies. 

Administrative cooperation and exchange of information 

Article 12 

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 7. 

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

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

2. The precise nature 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 19(2). 

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

Article 13 

Small and medium-sized enterprises 

1.  In  the  context  of  programmes  from  which  SMEs  and  very  small  firms  can  benefit,  the 
Commission  shall  take  into  account  initiatives  which  help  SMEs  and  very  small  firms  to 
integrate environmental aspects including energy efficiency when designing their products. 

21a.  Guidelines  covering  specificities  of  SMEs  active  in  the  product  sector  affected  may 
accompany  an  implementing  measure.  If  necessary,  and  in  accordance  with  paragraph  1, 

(cid:208) 2008/28 Art. 1 pt. 1 

EN 

28 

   EN 

 
 
further  specialised  material  may  be  produced  by 
implementation of this Directive by SMEs. 

the  Commission  for  facilitating 

(cid:208) 2005/32 
(cid:214) new 

32.  Member  States  shall  ensure,  in  particular  by  strengthening  support  networks  and 
structures, that they encourage SMEs and very small firms to adopt an environmentally sound 
approach as early as at the product design stage and to adapt to future European legislation. 

Article 14 

Consumer information 

In accordance with the applicable implementing measure, manufacturers shall ensure, in the 
form they deem appropriate, that consumers of EuPs (cid:214) products  are provided with: 

– 

– 

the requisite information on the role that they can play in the sustainable use of the 
product; 

when  required  by  the  implementing  measures,  the  ecological  profile  of  the  product 
and the benefits of ecodesign. 

Article 15 

Implementing measures 

(cid:208) 2008/28 Art. 1 pt. 2(a) 
(cid:214) new 

1. When an EuP (cid:214) a product  meets the criteria listed under paragraph 2, it shall be covered 
by  an  implementing  measure  or  by  a  self-regulation  measure  in  accordance  with  paragraph 
3(b).  Such  implementing  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). 

(cid:208) 2005/32 
(cid:214) new 

2. The criteria referred to in paragraph 1 are as follows: 

(a)  the  EuP  (cid:214) product   shall  represent  a  significant  volume  of  sales  and  trade, 
indicatively more than 200000 units a year within the Community according to most 
recently available figures; 

(b)  the  EuP  (cid:214) product   shall,  considering  the  quantities  placed  on  the  market 
and/or  put  into  service,  have  a  significant  environmental  impact  within  the 
Community,  as  specified  in  Community  strategic  priorities  as  set  out  in  Decision 
No 1600/2002/EC; 

EN 

29 

   EN 

 
 
 
 
 
 
(c) the EuP (cid:214) product shall present significant potential for improvement in terms 
of its environmental impact without entailing excessive costs, taking into account in 
particular: 

– 

– 

the absence of other relevant Community legislation or failure of market forces 
to address the issue properly; 

a  wide  disparity  in  the  environmental  performance  of  EuPs  (cid:214) products  
available on the market with equivalent functionality. 

3.  In  preparing  a  draft  implementing  measure  the  Commission  shall  take  into  account  any 
views  expressed  by  the  Committee  referred  to  in  Article 19(1)  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); 

legislation  and  self-regulation,  such  as  voluntary 
(b)  relevant  Community 
agreements,  which,  following  an  assessment  in  accordance  with  Article 17,  are 
expected  to  achieve  the  policy  objectives  more  quickly  or  at  lesser  expense  than 
mandatory requirements. 

4. In preparing a draft implementing measure the Commission shall: 

(a)  consider  the  life  cycle  of  the  EuP  (cid:214) product   and  all  its  significant 
environmental  aspects,  inter  alia,  energy  efficiency.  The  depth  of  analysis  of  the 
environmental  aspects  and  of  the  feasibility  of  their  improvement  shall  be 
proportionate  to  their  significance.  The  adoption  of  ecodesign  requirements  on  the 
significant  environmental  aspects  of  an  EuP  (cid:214) a  product   shall  not  be  unduly 
delayed by uncertainties regarding the other aspects; 

(b)  carry  out  an  assessment,  which  will  consider  the  impact  on  environment, 
consumers  and  manufacturers,  including  SMEs,  in  terms  of  competitiveness 
including  on  markets  outside  the  Community,  innovation,  market  access  and  costs 
and benefits; 

(c) take into account existing national environmental legislation that Member States 
consider relevant; 

(d) carry out appropriate consultation with stakeholders; 

(e) prepare an explanatory memorandum of the draft implementing measure based on 
the assessment referred to in point (b); 

(f)  set  implementing  date(s),  any  staged  or  transitional  measure  or  periods,  taking 
into  account  in  particular  possible  impacts  on  SMEs  or  on  specific  product  groups 
manufactured primarily by SMEs. 

5. Implementing measures shall meet all the following criteria: 

(a) there shall be no significant negative impact on the functionality 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 industry's competitiveness; 

EN 

30 

   EN 

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

(f) no excessive administrative burden shall be imposed on manufacturers. 

6. Implementing measures shall lay down ecodesign requirements 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 parameters 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 (cid:214) product  with the requirements of the implementing 
measure.  The  implementing  measure  shall  specify  whether  verification  can  be  achieved 
directly on the EuP (cid:214) product  or on the basis of the technical documentation. 

8. Implementing measures shall include the elements listed in Annex VII. 

9.  Relevant  studies  and  analyses  used  by  the  Commission  in  preparing  implementing 
measures should be made publicly available, taking into account in particular easy access and 
use by interested SMEs. 

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

(cid:208) 2008/28 Art. 1 pt. 2(b) 

(cid:208) 2005/32 

Article 16 

Working plan 

1. In accordance with the criteria set out in Article 15 and having consulted the Consultation 
Forum referred to in Article 18, the Commission shall not later than 6 July 2007 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, and, in accordance with the criteria set out in Article 15, and 
after  consulting  the  Consultation  Forum,  the  Commission  shall  as  appropriate  introduce  by 
anticipation: 

– 

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 

EN 

31 

   EN 

 
 
 
 
 
emissions,  such  as  heating  and  water  heating  equipment,  electric  motor  systems, 
lighting  in  both  the  domestic  and  tertiary  sectors,  domestic  appliances,  office 
equipment in both the domestic and tertiary sectors, consumer electronics and HVAC 
(heating ventilating air conditioning) systems; 

– 

a separate implementing measure reducing stand-by losses for a group of products. 

Those  measures,  designed 
this  Directive  by 
supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny 
referred to in Article 19(3). 

to  amend  non-essential  elements  of 

(cid:208) 2008/28 Art. 1 pt. 3(b) 

(cid:208) 2005/32 

Article 17 

Self-regulation 

Voluntary  agreements  or  other  self-regulation  measures  presented  as  alternatives  to 
implementing measures in the context of this Directive shall be assessed at least on the basis 
of Annex VIII. 

Article 18 

Consultation Forum 

The Commission shall ensure that in the conduct of its activities 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,  traders,  retailers,  importers,  environmental 
protection groups and consumer organisations. These parties shall contribute, in particular, to 
defining  and  reviewing  implementing  measures,  to  examining  the  effectiveness  of  the 
established market surveillance mechanisms, and to assessing voluntary agreements and other 
self-regulation  measures.  These  parties  shall  meet  in  a  Consultation  Forum.  The  rules  of 
procedure of the Forum shall be established by the Commission. 

Article 19 

Committee procedure 

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. 

EN 

32 

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3. Where reference is made to this 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. 

(cid:208) 2008/28 Art. 1 pt. 4 

(cid:208) 2005/32 (adapted) 

Article 20 

Penalties 

The Member States shall determine ⌦ lay down ⌫ the penalties ⌦ rules ⌫ applicable to 
breaches ⌦ 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 ⌫  shall  be  effective,  proportionate  and  dissuasive,  taking  into 
account  the  extent  of  non-compliance  and  the  number  of  units  of  non-complying  products 
placed on the Community market. ⌦ The Member States shall notify those provisions to the 
Commission  by  the  date  specified  in  Article 23(1)  at  the  latest  and  shall  notify  it  without 
delay of any subsequent amendment affecting them. ⌫ 

Article 21 

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 15 
of  Directive  2005/32/EC  of  the  European  Parliament  and  of  the  Council  of  6 July 
2005 establishing a framework for the setting of ecodesign requirements for energy-
using products42, with regard to energy efficiency during use, in accordance with that 
Directive,  and  may  be  amended  or  repealed  in  accordance  with  Article 19(2)  of 
Directive 2005/32/EC.’» 

3. Annex I, point 2, shall be deleted; 

4. Annex II shall be deleted. 

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

The following Article shall be inserted: 

42 

OJ L 191, 22.7.2005, p. 29. 

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33 

   EN 

 
 
 
 
 
 
 
 
                                                 
‘Article 9a 

This  Directive  constitutes  an  implementing  measure  within  the  meaning  of  Article 15  of 
Directive  2005/32/EC  of  the  European  Parliament  and  of  the  Council  of  6 July  2005 
establishing  a  framework  for  the  setting  of  ecodesign  requirements  for  energy-using 
products43  ,  with  regard  to  energy  efficiency  during  use,  in  accordance  with  that  Directive, 
and may be amended or repealed in accordance with Article 19(2) of Directive 2005/32/EC.’» 

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 15  of 
Directive  2005/32/EC  of  the  European  Parliament  and  of  the  Council  of  6 July  2005 
establishing  a  framework  for  the  setting  of  ecodesign  requirements  for  energy-using 
products44, with regard to energy efficiency during use, in accordance with that Directive, and 
may be amended or repealed in accordance with Article 19(2) of Directive 2005/32/EC.’» 

Article 22 

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 
implementing measures for the products concerned are adopted under this Directive. 

(cid:208) 2005/32 
(cid:214) new 

Article 2321 

Review 

Not later than 6 July 2010 (cid:214) 2012  the Commission shall review (cid:214) the appropriateness of 
extending the scope of the Directive to non energy related products, the effectiveness of this 
Directive and of its implementing measures, the threshold for implementing measures, market 
surveillance mechanisms and any relevant self-regulation stimulated, after consultation of the 
Consultation  Forum  referred  to  in  Article 18,  and,  as  appropriate,  present  proposals  to  the 
European Parliament and the Council for amending this Directive. 

Article 2422 

Confidentiality 

Requirements relating to the supply of information referred to in Article 11 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. 

43 
44 

OJ L 191, 22.7.2005, p. 29. 
OJ L 191, 22.7.2005, p. 29. 

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34 

   EN 

 
 
                                                 
Article 25 

Implementation 

1.  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions 
necessary to comply with this Directive before 11 August 2007. 

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. 

(cid:216) new 

Article 23 

Transposition 

1.  Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative  provisions 
necessary to comply with Articles 1 to 9, 11, 14, 15 and 20 and Annexes I to V, VII and VIII 
by […45] at the latest. They shall forthwith communicate to the Commission the text of those 
provisions and a correlation table between those provisions and this Directive. 

When Member States adopt those provisions, they shall contain a reference to this Directive 
or be accompanied by such a reference on the occasion of their official publication. They shall 
also  include  a  statement  that  references  in  existing  laws,  regulations  and  administrative 
provisions to the directive repealed by this Directive shall be construed as references to this 
Directive.  Member  States  shall  determine  how  such  reference  is  to  be  made  and  how  that 
statement is to be formulated. 

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 24 

Repeal 

Directive 2005/32/EC, as amended by the Directive listed in Annex IX, Part A, is repealed, 
without  prejudice  to  the  obligations  of  the  Member  States  relating  to  the  time-limits  for 
transposition into national law of the Directives set out in Annex IX, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex X. 

45 

A date corresponding to 12 months after entry into force. 

EN 

35 

   EN 

 
 
                                                 
(cid:208) 2005/32 

Article 2625 

Entry into force 

This  Directive  shall  enter  into  force  on  the  20th  day  following  that  of  its  publication  in  the 
Official Journal of the European Union. 

Article 2726 

Addressees 

This Directive is addressed to the Member States. 

Done at […]. 

For the European Parliament 
The President 
[…] 

For the Council 
The President 
[…] 

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36 

   EN 

 
 
(cid:208) 2005/32 
(cid:214) new 

ANNEX I 

METHOD FOR SETTING GENERIC ECO-DESIGN REQUIREMENTS 

(REFERRED TO IN ARTICLE 15) 

Generic  ecodesign  requirements  aim  at  improving  the  environmental  performance  of  EuPs 
(cid:214) products ,  focusing  on  significant  environmental  aspects  thereof  without  setting  limit 
values. The method according to this Annex will be applied when it is not appropriate to set 
limit values for the product group under examination. The Commission shall, when preparing 
a  draft  implementing  measure  to  be  submitted  to  the  Committee  referred  to  in  Article 19, 
identify  significant  environmental  aspects  which  shall  be  specified  in  the  implementing 
measure. 

In preparing implementing measures laying down generic ecodesign requirements pursuant to 
Article 15 the Commission will identify, as appropriate to the EuP (cid:214) product  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 (cid:214) PRODUCTS  

1.1. In so far as they relate to product design, significant environmental aspects are identified 
with reference to the following phases of the life cycle 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 (cid:214) a product  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. 

EN 

37 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
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  substances46  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; 

(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 recycling (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  materials  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  the  European  Parliament  and  of  the  Council  of  16 December  1997  on 
the approximation of the laws of the Member States relating to measures against the 
emission  of  gaseous  and  particulate  pollutants  from  internal  combustion  engines  to 
be installed in non-road mobile machinery47; 

(l) emissions to water (heavy metals, substances with an adverse effect on the oxygen 
balance, persistent organic pollutants); 

46 

47 

OJ  196,  16.8.1967,  p. 1.  Directive  as  last  amended  by  Commission  Directive  2004/73/EC  (OJ  L 152, 
30.4.2004, p. 1). 
OJ  L 59,  27.2.1998,  p. 1.  Directive  as  last  amended  by  Directive  2004/26/EC  (OJ  L 146,  30.4.2004, 
p. 1). 

EN 

38 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(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 (cid:214) product  is handled, used or recycled by parties other than the 
manufacturer. This information may include, where applicable: 

– 

– 

– 

– 

information from the designer 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 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,  where  appropriate, 
information  on  the  period  of  availability  of  spare  parts  and  the  possibilities  of 
upgrading 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. Addressing the environmental aspects identified in the implementing measure as capable of 
being  influenced  in  a  substantial  manner  through  product  design,  manufacturers  of  EuPs 
(cid:214) products   will  be  required  to  perform  an  assessment  of  the  EuP  (cid:214) product   model 
throughout  its  lifecycle,  based  upon  realistic  assumptions  about  normal  conditions  and 
purposes of use. Other environmental aspects may be examined on a voluntary basis. 

On  the  basis  of  this  assessment  manufacturers  will  establish  the  EuP's  (cid:214) product's  
ecological  profile.  It  will  be  based  on  environmentally  relevant  product  characteristics  and 
inputs/outputs  throughout  the  product  life  cycle  expressed  in  physical  quantities  that  can  be 
measured. 

2. Manufacturers will make use of this assessment to evaluate alternative design solutions and 
the achieved environmental performance of the product against benchmarks. 

The  benchmarks  will  be  identified  by  the  Commission  in  the  implementing  measure  on  the 
basis of information gathered 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 requirements for functionality, quality, and performance, 
and  economic  aspects,  including  manufacturing  costs  and  marketability,  while  complying 
with all relevant legislation. 

____________________ 

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39 

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(cid:208) 2005/32 
(cid:214) new 

ANNEX II 

METHOD FOR SETTING SPECIFIC ECODESIGN REQUIREMENTS 

(REFERRED TO IN ARTICLE 15) 

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 
(cid:214) product'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 material). 

In preparing implementing measures laying down specific ecodesign requirements pursuant to 
Article 15, the Commission will identify, as appropriate to the EuP (cid:214) product  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  procedure 
referred to in Article 19(2), as follows: 

1.  A  technical,  environmental  and  economic  analysis  will  select  a  number  of 
representative  models  of  the  EuP  (cid:214) product   in  question  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 usefulness for consumers. 

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

The performance of products available on international markets and benchmarks set 
in other countries' legislation should be taken into consideration during the analysis 
as well as when setting requirements. 

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 minimising 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  (cid:214) product   models,  taking  into  account  the  consequences  on 
other environmental 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 (cid:214) product ; 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  (cid:214) product   models  considered.  The 

EN 

40 

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operating  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,  including  avoided  greenhouse  gas 
emissions,  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 
(cid:214) products  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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41 

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(cid:208) 2005/32 
(cid:214) new 

ANNEX III 

CE MARKING 

(REFERRED TO IN ARTICLE 5(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 (cid:214) product . Where this is not possible, it must 
be affixed to the packaging and to the accompanying documents. 

____________________ 

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(cid:208) 2005/32 
(cid:214) new 

ANNEX IV 

INTERNAL DESIGN CONTROL 

(REFERRED TO IN ARTICLE 8) 

1.  This  Annex  describes  the  procedure  whereby  the  manufacturer  or  its  authorised 
representative who carries out the obligations laid down in point 2 of this Annex ensures and 
declares  that  the  EuP  (cid:214) product   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 
(cid:214) product  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 (cid:214) product  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,  documenting  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 10,  applied  in  full  or  in 
part,  and  a  description  of  the  solutions  adopted  to  meet  the  requirements  of  the 
applicable implementing measure where the standards referred to in Article 10 have 
not been applied or where these standards do not cover entirely the requirements of 
the applicable 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 point 2 and with the 
requirements of the measure which apply to it. 

____________________ 

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(cid:208) 2005/32 
(cid:214) new 

ANNEX V 

MANAGEMENT SYSTEM FOR ASSESSING CONFORMITY 

(REFERRED TO IN ARTICLE 8) 

1. This Annex describes the procedure whereby the manufacturer who satisfies the obligations 
of  point  2  of  this  Annex  ensures  and  declares  that  the  EuP  (cid:214) product   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. 

2.  A  management  system  may  be  used  for  the  conformity  assessment  of  an  EuP  (cid:214) a 
product  provided that the manufacturer  implements the environmental elements  specified 
in point 3 of this Annex. 

3. Environmental elements of the management system 

This point specifies the elements of a management system and the procedures by which the 
manufacturer can demonstrate that the EuP (cid:214) product  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 establish the ecological profile of an EuP (cid:214) a product , 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 (cid:214) product's  
conformity, and — if relevant — that have to be made available; 

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

indicators  and 

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 management system. 

3.2. Planning 

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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; 

(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 (cid:214) product  will specify, in particular: 

(a) a general description of the EuP (cid:214) product  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,  documenting  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 10 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 accordance 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 
(cid:214) product   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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____________________ 

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(cid:208) 2005/32 

ANNEX VI 

DECLARATION OF CONFORMITY 

(REFERRED TO IN ARTICLE 5(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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(cid:208) 2005/32 
(cid:214) new 

ANNEX VII 

CONTENTS OF THE IMPLEMENTING MEASURES 

(REFERRED TO IN ARTICLE 15(8)) 

The implementing measure will specify, in particular: 

1. the exact definition of the type(s) of EuP(s) (cid:214) product(s)  covered; 

the  ecodesign 

2. 
implementing date(s), staged or transitional measures or periods; 

requirement(s) 

for 

the  EuP(s)  (cid:214) product(s)   covered, 

– 

in the case of generic ecodesign requirement(s), the relevant phases and aspects 
selected from those mentioned in Annex I, points 1.1 and 1.2, accompanied by 
examples of parameters selected from those mentioned in Annex I, point 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  (cid:214) product   where  it  has  a  direct 
relevance to the EuP's (cid:214) product's  environmental performance considered; 

5.  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 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 
(cid:214) product , the module  defined in  the  implementing  measure  will prevail for  the 
requirement concerned; 

7.  requirements  on  information  to  be  provided  by  manufacturers  notably  on  the 
elements  of  the  technical  documentation  which  are  needed  for  facilitating  the 
checking of the compliance of the EuP (cid:214) product  with the implementing measure; 

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  (cid:214) products   which 
comply with the regulations in force in their territory on the date of adoption of the 
implementing measure; 

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9.  the  date  for  the  evaluation  and  possible  revision  of  the  implementing  measure, 
taking into account speed of technological progress. 

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(cid:208) 2005/32 
(cid:214) new 

ANNEX VIII 

In addition to the basic legal requirement that self-regulatory initiatives shall comply with all 
provisions of the Treaty (in particular internal market and competition rules), as well as with 
the  international  engagements  of  the  Community,  including  multilateral  trade  rules,  the 
following non-exhaustive list of indicative criteria may be used to evaluate the admissibility 
of  self-regulatory  initiatives  as  an  alternative  to  an  implementing  measure  in  the  context  of 
this Directive: 

1. OPENNESS OF PARTICIPATION 

Self-regulatory initiatives shall be open to the participation of third country operators, both in 
the preparatory and in the implementation phases. 

2. ADDED VALUE 

Self-regulatory initiatives shall deliver added value (more than ‘business as usual’) in terms of 
the improved overall environmental performance of the EuP (cid:214) product  covered. 

3. REPRESENTATIVENESS 

Industry  and  their  associations  taking  part  in  a  self-regulatory  action  shall  represent  a  large 
majority  of  the  relevant  economic  sector,  with  as  few  exceptions  as  possible.  Care  shall  be 
taken to ensure respect for competition rules. 

4. QUANTIFIED AND STAGED OBJECTIVES 

The  objectives  defined  by  the  stakeholders  shall  be  set  in  clear  and  unambiguous  terms, 
starting from a well-defined baseline. If the self-regulatory initiative covers a long time-span, 
interim targets shall be included. It must be possible to monitor compliance with objectives 
and  (interim)  targets  in  an  affordable  and  credible  way  using  clear  and  reliable  indicators. 
Research  information  and  scientific  and  technological  background  data  shall  facilitate  the 
development of these indicators. 

5. INVOLVEMENT OF CIVIL SOCIETY 

With a view to ensuring transparency, self-regulatory initiatives shall be publicised, including 
through the use of the Internet and other electronic means of disseminating information. 

The same shall apply to interim and final monitoring reports. Stakeholders including Member 
States,  industry,  environmental  NGOs  and  consumers'  associations  shall  be  invited  to 
comment on a self-regulatory initiative. 

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6. MONITORING AND REPORTING 

Self-regulatory  initiatives  shall  contain  a  well-designed  monitoring  system,  with  clearly 
identified responsibilities for industry and independent inspectors. The Commission services, 
in partnership with the parties to the self-regulatory initiative, shall be invited to monitor the 
achievement of the objectives. 

The  plan  for  monitoring  and  reporting  shall  be  detailed,  transparent  and  objective.  It  shall 
remain for the Commission services, assisted by the Committee referred to in Article 19(1), to 
consider whether the objectives of the voluntary agreement or other self-regulatory measures 
have been met. 

7. COST-EFFECTIVENESS OF ADMINISTERING A SELF-REGULATORY INITIATIVE 

The cost of administering self-regulatory initiatives, in particular as regards monitoring, shall 
not  lead  to  a  disproportionate  administrative  burden,  as  compared  to  their  objectives  and  to 
other available policy instruments. 

8. SUSTAINABILITY 

Self-regulatory initiatives shall respond to the policy objectives of this Directive including the 
integrated  approach  and  shall  be  consistent  with  the  economic  and  social  dimensions  of 
sustainable  development.  The  protection  of  consumers'  interests  (health,  quality  of  life  and 
economic interests) shall be integrated. 

9. INCENTIVE COMPATIBILITY 

Self-regulatory  initiatives  are  unlikely  to  deliver  the  expected  results  if  other  factors  and 
incentives  —  market  pressure,  taxes,  and  legislation  at  national  level  —  send  contradictory 
signals  to  participants  in  the  commitment.  Policy  consistency  is  essential  in  this  regard  and 
shall be taken into consideration when assessing the effectiveness of the initiative. 

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(cid:207) 

ANNEX IX 

PART A 

Repealed Directive with list of its successive amendments 

(referred to in Article 24) 

Directive 2005/32/EC of the European Parliament 
and of the Council (OJ L 191, 22.7.2005, p. 29) 

Directive 2008/28/EC of the European Parliament 
and of the Council (OJ L 81, 20.3.2008, p. 48) 

only Article 1 

PART B 

List of time-limits for transposition into national law 

(referred to in Article 24) 

Directive 

Deadline for transposition 

2005/32/EC 

2008/28/EC 

11 August 2007 

- 

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ANNEX X 

CORRELATION TABLE 

Directive 2005/32/EC 

This Directive 

Articles 1 to 20 

Articles 1 to 20  

Article 21 

Article 22 

Article 23 

Article 24 

Article 25 

__________ 

__________ 

Article 26 

Article 27 

__________ 

__________ 

Article 21 

Article 22 

__________ 

Article 23 

Article 24 

Article 25 

Article 26 

Annexes I to VIII 

Annexes I to VIII 

__________ 

__________ 

Annex IX 

Annex X 

_______________ 

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