Ecodesign Directive

The Ecodesign or EuP Directive 2005/32/EC, the recast of which had already been proposed by the EU Commission in mid-2008, was replaced by a new Directive (2009/125/EC). The new Directive entered into force on 20 November 2009. The most important amendment concerns the Directive’s scope, which has been extended from “energy-using” to so-called “energy-related” products.

The Energy Using Products (EuP) directive, sometimes called the Ecodesign-directive (European Union, 2005) was adopted in July 2005.

A major goal of the directive is to improve the energy efficiency of energy using products (EuPs) and thereby contribute to efforts to reach European targets for climate protection. The directive, however, does not only cover the energy use of products but rather aims to reduce the overall negative environmental impact of the products under consideration. The directive seeks to harmonize the European single market for energy using products to this end.

The deadline for implementing the EuP directive in national law in the EU member states was August 2007. Only six countries (Austria, Belgium, Ireland, Great Britain, Slovakia and Sweden) the member states, met this deadline.

The Process

The European Commission, in association with the member states and involving market stakeholders and other interested parties selects product groups in the so called Working Plan. New product groups are selected for the Working Plan every three years. Preparatory studies mandated by the European Commission compile specific data for each product group that serve as background information for the development of appropriate minimum requirements.

On the basis of the preparatory studies the European Commission develops requirements for the environmental performance of the selected products or product groups. The directive theoretically allows for two different regulatory alternatives: mandatory regulations (such as Implementing Measures) or self- regulation by the relevant industries.

Feedback to the Working Plan from representatives of the member states and selected stakeholder parties is possible in the so-called Consultation Forum.  Following this process the Commission drafts an Implementing Measure that is then subject to an impact assessment and an interservice consultation before being presented for vote to an assembly of EU member states representatives, known as the Regulatory Committee. The European Parliament then has the opportunity to intervene before the Implementing Measure enters into force. The full processes from working document until (directly) implemented regulation takes about 10-12 months.

The EuP-directive leaves the responsibility for market surveillance with the member states.