A draft report published on 24 August 2011 sheds light on which products may soon be affected by EU environmental rules under the EU's ecodesign Directive (2009/125/EC). Companies are reminded that products regulated under EU ecodesign law that do not comply with the relevant requirements will not qualify for CE marking and consequently cannot be placed on the market in the EU.
The concept of ecodesign is based on the premise that a considerable part of a product's environmental impact is determined at the design stage. By regulating the design of certain products, the EU hopes to contribute to its 20% energy-saving target by the year 2020. While the first ecodesign Directive (2005/32/EC) concerned only energy-using products, the scope of the current Directive further encompasses energy-related products (e.g. bathroom fittings such as taps and showerheads, insulation products such as windows, and construction materials).
An ongoing study on the functioning and future prospects of EU ecodesign law is contemplating the further expansion of its scope to all kinds of consumer products (and not just those related to energy use). The findings of this study are due to be released by the end of the year.
The current Directive, just like its predecessor, merely provides a framework for setting ecodesign requirements. The task of establishing detailed implementing rules lies with the European Commission. The latter carries out its work according to a so-called Working Plan, which sets out an indicative list of product groups considered as priorities for the adoption of implementing measures in the subsequent three years.
Although the scope of EU ecodesign law was significantly extended by the current Directive, all twelve existing implementing measures concern electrical and electronic equipment, such as lighting products, televisions, fans, electric motors, household dishwashers and washing machines, and refrigerators and freezers.
The recently published draft report anticipates the Commission's Working Plan for the period 2012-2014. The publication contains an indicative product list, in relation to which companies should note the following. Firstly, the Commission will issue requirements for more energy-using products, including mobile phones, electric kettles and water cookers, non-domestic hot beverage equipment and home audio products.
Secondly, the Commission will turn its attention to energy-related products, including taps and showerheads, and detergents and thermal insulation products for buildings.
In the recently published draft report, products are ranked according to their environmental improvement potential in light of criteria such as energy consumption and market volume. Taps and showerheads, for instance, are ranked as priority number one due to a finding of ample room for improvement on consumption of potable water, and the existence of various complementary Member State/industry measures (e.g., relating to energy- and eco-labelling), voluntary initiatives by stakeholders as well as some third-country product legislation.
The Commission must publish its definitive Working Plan for the period 2012-2014 no later than 21 October 2011. While its publication will give great insight into which products are likely to become subject to EU ecodesign regulation, it is merely the first step towards the adoption of implementing measures.
Once the Working Plan is adopted, each product group mentioned will be analysed in a preparatory study to determine the most suitable ecodesign requirement. A thorough impact study will follow and determine in particular the energy-saving potential and costs for industry. Based on this information the Commission will prepare a draft Regulation, which will be submitted for comments to a set group of stakeholders, put to vote by a special regulatory committee and finally scrutinised by the European Parliament.
It currently takes a number of years for implementing measures to be put into place. Even after adoption, a transition period may be put into place before certain eco-friendly requirements kick in. Despite this lengthy procedure, Companies should be alerted to the fact that stakeholders are currently pushing the Commission for faster regulation.
While the forthcoming ecodesign requirements will eventually impose indisputable constraints on businesses, such EU measures will provide a single set of common standards for traders to follow in the 27 Member States. In addition, the Commission states that it aims to keep ecodesign requirements cost-effective and avoid excessive administrative burdens on manufacturers. Time will tell whether this promise will be fulfilled with regard to the new product requirements.
For more information, companies may like to visit the following website:
http://www.ecodesign-wp2.eu/documents.htm
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
