This communication concerns the establishment of the working plan for 2009-2011 under the Ecodesign Directive .

The Ecodesign Directive 2005/32/EC establishes a framework for the setting of ecodesign requirements for energy-using products. It is therefore a key component of the EU’s policy for improving the energy and environmental performance of products on the internal market. The Directive ensures free movement of products across Europe and encourages integration of ecodesign in small and medium-sized enterprises (SMEs). Overall, the ecodesign framework brings benefits, in the form of products offering better environmental performance, including energy savings.

The Ecodesign Directive specifies that the Commission shall publish a working plan setting out, for the three following years, an indicative list of energy-using product groups which will be considered priorities for the adoption of implementing measures.

During the “transitional period” between the entry into force of the Ecodesign Directive and adoption of this working plan (2005-2008), implementing measures were to be introduced for the product groups, such as a number of energy using products identified by the European Climate Change Programme as priorities, 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.

The working plan builds on the work done since mid-2005 for the transitional priority product groups. The environmental priorities for the adoption of implementing measures remain the same, in particular to harness the potential of energy-using products to combat climate change in a cost-effective manner. The product groups listed are considered indicative priorities for preparatory studies and implementing measures in the next three years.

A Commission study for preparing the working plan identified 57 product groups which fall within the scope of the Ecodesign Directive but were not covered in the transitional period. An indicative list of product groups covered by this working plan is as follows:

Air-conditioning and ventilation systems; Electric and fossil-fuelled heating equipment; Food-preparing equipment; Industrial and laboratory furnaces and ovens; Machine tools; Network, data processing and data storing equipment; Refrigerating and freezing equipment; Sound and imaging equipment; Transformers; Water-using equipment.

The prioritisation assessment by the Commission may be subject to change after a full quantitative assessment is carried out in a preparatory study.

As regards the future :

inclusion on the indicative list for this working plan indicates that the Commission will initiate a preparatory study on the product group concerned during the period 2009-2011 and, possibly, adopt an implementing measure, subject to the outcome of the preparatory study, a favourable impact assessment and the condition that no valid self-regulatory measures are in place; information regarding the timeline for preparatory studies and implementing measures will be disseminated to all stakeholders for each product group, notably via the websites of the Commission departments in charge of the Ecodesign Directive and via stakeholder meetings and websites organised by the contractors conducting the preparatory studies; each preparatory study will investigate possible ecodesign requirements on the basis of technical, economic and environmental analyses. The possibility of issuing a mandate to standardise certain ecodesign parameters should be explored. Interested parties should cooperate actively in this analysis.

the Commission calls on the branches of industry manufacturing energy-using products with a significant environmental impact to develop self-regulation measures which could deliver the policy objectives faster or in a less costly manner than mandatory requirements;

the working plan shall be amended periodically by the Commission, after consultation with the Consultation Forum; if the proposal by the Commission to extend the product scope of the Ecodesign Directive to cover all energy-related products is swiftly adopted by the European Parliament and the Council, the Commission will amend the working plan, as appropriate, to include product groups added by the extension.

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PURPOSE : to establish a framework for the setting of Community ecodesign requirements for energy-using products with the aim of ensuring the free movement of those products within the internal market.

LEGISLATIVE ACT : Directive 2005/32/EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council.

CONTENT : this Directive provides for the setting of requirements which the energy-using products covered by implementing measures must fulfil in order for them to be placed on the market and/or put into service. It contributes to sustainable development by increasing energy efficiency and the level of protection of the environment, while at the same time increasing the security of the energy supply. It shall not apply to means of transport for persons or goods. 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.

The specific aim of this Directive is to:

- ensure the free movement of energy-using products within the EU;

- improve the overall environmental performance of these products and thereby protect the environment;

- contribute to the security of energy supply and enhance the competitiveness of the EU economy.

The text is in principle applicable to any product using energy to perform the function for which it was designed, manufactured and put on the market, with the exception of means of transporting people or merchandise. All energy sources are covered, although it is likely that only products using electricity, solid, liquid and gaseous fuels will be the subject of implementing measures.

The Directive amends Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council. It provides for a deadline for implementation by the Member States of two years after the Directive's entry into force.

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

ENTRY INTO FORCE : 11/08/2005.

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

Directive 2005/32
OJ L 191 22.07.2005, p. 0029-0058

03618/2005

SP(2005)2124

The Commission can accept in full all 24 amendments adopted by the European Parliament which are a result of a compromise package agreed between the Parliament and the Council for the second reading.

The amendments to the common position refer mainly to:

- definitions (in particular for importers and their responsibilities);

- strengthening of market surveillance;

- provisions for SMEs and consumer information;

- new formulation in Article 12 requiring action to be taken when an energy-using product fulfils the selection criteria;

- increased focus on energy efficiency in Article 12 when considering the life cycle and best performing products to be taken into account when setting criteria;

- introduction of a list of products to be addressed first;

- introduction of indicative criteria for admissibility of self-regulatory activities as an alternative to an implementing measure;

- modifications in Annex I, in particular part 3, clarifying the scope of the assessment to be performed by the manufacturer.

EUR-Lex
COM(2005)0219

The European Parliament adopted a resolution drafted by Frédérique RIES (ALDE, BE), and approved a text which had been agreed with the Council.

- Priorities for eco-design, due to environmental impact and in particular CO2 emissions throughout the life-cycle, are the following products: heating and water heating equipment, electrical engine systems, lighting in the residential and tertiary sectors, home appliances, office equipment in the residential and tertiary sectors and commercial heating, ventilation and air-conditioning systems. There is a separate implementing measure reducing stand-by losses for a group of products;

- a new recital states that as a general principle, the energy consumption of EuPs in stand-by or off-mode should be reduced to the minimum necessary for their proper functioning;

- the Commission will conduct preparatory studies and impact assessments alongside “broad consultations with stakeholders” such as businesses and environmental and consumer NGOs. Eco-design requirements will then become legally binding for all products put on the EU market irrespective of where they are designed and produced;

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

- Parliament inserted a definition of “importer” and the responsibilities of the importer. These are to ensure that the EuP placed on the market or put into service complies with the Directive and the applicable implementing measure, and to have the declaration of conformity and the technical documentation available;

- Member States are called upon to ensure that small and medium sized firms have the necessary adaptation resources to cope with future European legislation, in particular by strengthening support networks and structures;

- consumers also have a role to play. Specific implementation measures will set out the manufacturers' consumer information obligations as regards the ecological profile of the product and the benefits of eco-design. Finally, they will have to inform the consumer about the role they may play in reducing energy consumption by sustainable use of the product.

T6-0123/2005
OJ C 033 09.02.2006, p. 0324-0442 E

Results of vote in Parliament

The European Parliament adopted a resolution drafted by Frédérique RIES (ALDE, BE), and approved a text which had been agreed with the Council.

- Priorities for eco-design, due to environmental impact and in particular CO2 emissions throughout the life-cycle, are the following products: heating and water heating equipment, electrical engine systems, lighting in the residential and tertiary sectors, home appliances, office equipment in the residential and tertiary sectors and commercial heating, ventilation and air-conditioning systems. There is a separate implementing measure reducing stand-by losses for a group of products;

- a new recital states that as a general principle, the energy consumption of EuPs in stand-by or off-mode should be reduced to the minimum necessary for their proper functioning;

- the Commission will conduct preparatory studies and impact assessments alongside “broad consultations with stakeholders” such as businesses and environmental and consumer NGOs. Eco-design requirements will then become legally binding for all products put on the EU market irrespective of where they are designed and produced;

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

- Parliament inserted a definition of “importer” and the responsibilities of the importer. These are to ensure that the EuP placed on the market or put into service complies with the Directive and the applicable implementing measure, and to have the declaration of conformity and the technical documentation available;

- Member States are called upon to ensure that small and medium sized firms have the necessary adaptation resources to cope with future European legislation, in particular by strengthening support networks and structures;

- consumers also have a role to play. Specific implementation measures will set out the manufacturers' consumer information obligations as regards the ecological profile of the product and the benefits of eco-design. Finally, they will have to inform the consumer about the role they may play in reducing energy consumption by sustainable use of the product.

T6-0123/2005

Debate in Parliament

A6-0057/2005

A6-0057/2005

The Commission is of the opinion that the common position improves the proposal by clarifying a number of issues, such as the scope of harmonization of the Directive, the conditions for particular products to become subject to implementing measures and the procedure for adopting implementing measures.

All the main elements put forward by Parliament on first reading and accepted by the Commission are largely reflected in the common position. Reference is also made to the creation of a consultative forum to ensure stakeholders’ involvement in the preparation of implementing measures; introduction of a working plan; emphasis on reduction of greenhouse gases in the first years of implementation; revision clause for the framework directive and for the individual implementing measures; attention to conformity of imported products; impact on medium and small business and criteria for assessing self-regulation by industry.

On the other hand, the Commission would have preferred stricter drafting for clauses concerning market surveillance by the Member States and the inclusion of the eligibility criteria for self-regulatory activities. However, the compromise text also appears acceptable on those points, considering that, on the one hand, the Council objected to more detailed provisions on market surveillance more on the grounds of subsidiarity than substance and, on the other, the common position keeps a reference to the Commission communication (recital 16) where the eligibility criteria are listed.

COM(2004)0800
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The Council unanimously adopted its common position. The main changes introduced by the Council are as follows:

- Objective : clarification that the objective of the proposed Directive is without prejudice to Community waste management legislation and Community chemicals legislation, including Community legislation on fluorinated greenhouse gases;

- Definitions : the common position specifies more clearly the scope of the proposal and the attribution of responsibility for the conformity of the EuP;

- Placing on the market: the common position clarifies that Member States have to designate authorities responsible for market surveillance and its tasks;

- Free movement : the current text makes clear that the EuP must comply with the eco-design parameters described in Annex I part 1 which are covered by the applicable implementing measure.

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

- Presumption of conformity : eco-labels which will be considered to fulfil conditions equivalent to the Community eco-label will be presumed to be in conformity with the requirements of the applicable implementing measures;

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

threshold;

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

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

- Review : the common position provides for an evaluation of the effectiveness of the Directive and of the implementing measures which may have been adopted under this Directive within 5 years after the adoption of this Directive.

- Annex I, part 3 (Requirements for the manufacturer): the description of the requirements for the manufacturer endeavours to clarify the division of tasks between the parties involved;

- Annex VII (Contents of the implementing measures): it is now specified that implementing measures may also be subject to evaluation and revision.

Of the 78 Parliament amendments, the Council accepted the following 23, some of them in substance, partially or in principle which aim to:

- provide for further justification for a framework Directive on promoting eco-design of products in terms of environmental improvement and energy efficiency;

- clarify the need for consumers to be informed;

- specify that priority should be given to energy efficiency in a way not detrimental to the integrated approach of the Directive;

- confirm that commitments to Kyoto Protocol are without prejudice to the integrated approach;

- point out that proper involvement of all parties concerned is required;

- refer to the Commission Communication's chapter dealing with the assessment of self-regulation by industry in the context of the Directive;

- highlight that eco-design should also be integrated in SMEs and very small firms;

- ensure compliance of EuPs with eco-design requirements laid down in implementing measures will be awarded the "CE" marking and associated information;

- exchange of information by appropriate means of communication should be facilitated;

- ensure that training and information on eco-design for small and medium-sized businesses may be considered in an appropriate way;

- ensure the definition of "putting into service" is identical to the one proposed by the EP;

- take on board a stricter description of obligations to ensure market surveillance as proposed by the EP

- provide for allowing information on conformity to be supplied in one or more other official languages ;

- establish a working plan that should set out an indicative list of products which will be considered as priorities for the adoption of implementing measures;

- provide for the creation of a Consultation Forum, with a balanced representation of Member States and all relevant parties, to be consulted before the Committee established in the Directive Amendment 65: establishes the review of the effectiveness of the Directive including implementing measures within 5 years after its adoption;

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

- clarify the procedure of the internal design control (Annex IV).

11414/1/2004
OJ C 038 15.02.2005, p. 0045-0068 E

The Council unanimously adopted its common position. The main changes introduced by the Council are as follows:

- Objective : clarification that the objective of the proposed Directive is without prejudice to Community waste management legislation and Community chemicals legislation, including Community legislation on fluorinated greenhouse gases;

- Definitions : the common position specifies more clearly the scope of the proposal and the attribution of responsibility for the conformity of the EuP;

- Placing on the market: the common position clarifies that Member States have to designate authorities responsible for market surveillance and its tasks;

- Free movement : the current text makes clear that the EuP must comply with the eco-design parameters described in Annex I part 1 which are covered by the applicable implementing measure.

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

- Presumption of conformity : eco-labels which will be considered to fulfil conditions equivalent to the Community eco-label will be presumed to be in conformity with the requirements of the applicable implementing measures;

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

threshold;

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

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

- Review : the common position provides for an evaluation of the effectiveness of the Directive and of the implementing measures which may have been adopted under this Directive within 5 years after the adoption of this Directive.

- Annex I, part 3 (Requirements for the manufacturer): the description of the requirements for the manufacturer endeavours to clarify the division of tasks between the parties involved;

- Annex VII (Contents of the implementing measures): it is now specified that implementing measures may also be subject to evaluation and revision.

Of the 78 Parliament amendments, the Council accepted the following 23, some of them in substance, partially or in principle which aim to:

- provide for further justification for a framework Directive on promoting eco-design of products in terms of environmental improvement and energy efficiency;

- clarify the need for consumers to be informed;

- specify that priority should be given to energy efficiency in a way not detrimental to the integrated approach of the Directive;

- confirm that commitments to Kyoto Protocol are without prejudice to the integrated approach;

- point out that proper involvement of all parties concerned is required;

- refer to the Commission Communication's chapter dealing with the assessment of self-regulation by industry in the context of the Directive;

- highlight that eco-design should also be integrated in SMEs and very small firms;

- ensure compliance of EuPs with eco-design requirements laid down in implementing measures will be awarded the "CE" marking and associated information;

- exchange of information by appropriate means of communication should be facilitated;

- ensure that training and information on eco-design for small and medium-sized businesses may be considered in an appropriate way;

- ensure the definition of "putting into service" is identical to the one proposed by the EP;

- take on board a stricter description of obligations to ensure market surveillance as proposed by the EP

- provide for allowing information on conformity to be supplied in one or more other official languages ;

- establish a working plan that should set out an indicative list of products which will be considered as priorities for the adoption of implementing measures;

- provide for the creation of a Consultation Forum, with a balanced representation of Member States and all relevant parties, to be consulted before the Committee established in the Directive Amendment 65: establishes the review of the effectiveness of the Directive including implementing measures within 5 years after its adoption;

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

- clarify the procedure of the internal design control (Annex IV).

11414/1/2004

T5-0302/2004
OJ C 104 30.04.2004, p. 0036-0319 E

T5-0302/2004

Debate in Parliament

CES0505/2004

CES1739/2004
OJ C 112 30.04.2004, p. 0025-0029

A5-0171/2004

A5-0171/2004

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COM(2003)0453
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COM(2003)0453
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