FAQs - Frequently Asked Questions
General
What does EuP mean?
The abbreviation EuP stands for Energy using Product. The full title of the EuP-directive, sometimes called the Ecodesign-directive, is "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 Council"
What are the objectives of the EuP directive and how can they be reached?
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 the 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 directive theoretically allows two different regulatory alternatives: mandatory regulation (for example Implementing Measures) or self-regulation by the industry.
Who is concerned by the EuP directive?
The directive concerns everyone who places energy using products or product components on the market. Placing on the market means making an EuP available for the first time in the European Economic Area.
Products for which an implementing measure or a self-regulatory initiative exists must not be placed on the market or put into service without declaration of conformity and the CE label.
Political context
Which actors and bodies implement the EuP directive?
The European Commission mandates preparatory studies and has the authority to decide. The Consultation Forum and the Regulatory Committee consult the European Commission.
Process
Which products are addressed?
The directive includes criteria for the selection of the product groups to be addressed for the establishment of requirements on environmental performance. Besides the market volume of minimum 200 000 devices per year (of the entire product group within the European market) the product group’s environmental impact and the improvement potential are taken into consideration. The European Commission appoints the product groups in the so-called Working Plan in association with the member states and involving market stakeholders and other interested parties.
What is a preparatory study and what is its function?
In order to create the basis for the development of appropriate requirements the European Commission mandates preparatory studies for every appointed product group. On the basis of the preparatory studies the Commission develops requirements on the environmental performance of the selected products or product groups.
What is the function of the working document in the process?
On the basis of the preparatory studies the EU-Commission develops a working document, which is a first outline of the implementing measure.This document is open for Stakeholder input. On the one hand stakeholders can give written comments on the working document and on the other hand a hearing for interested parties takes place (Consultation Forum).
What is the process from the working document to the implementing measure?
The preparatory studies are used by the European Commission to produce an initial proposal (working document) for discussion by the Consultation Forum. After this discussion and an Interservice Consultation within the Commission, an impact assessment is carried out. The implementing measure is then presented for vote to the Regulatory Committee. Before the implementing measure comes into force the European Parliament has the chance to intervene.
What opportunities are there to influence the process?
Stakeholders have several opportunities to feed their positions into the process:
- study for preparing the working plan (indicative list of product groups which will be considered as priorities for the adoption of the preparatory study and later on implementing measures): stakeholders are consulted.
- the initial proposal of the working plan: discussed by the Consultation Forum during the development of the working plan
- preparatory study: stakeholders of interested groups are consulted and stakeholder meetings are held during the process of a preparatory study
- working document: comments (statements) may be sent directly to the European Commission or may be introduced by representatives of the Consultation Forum
The implementing measure and the self-regulatory initiative
What may be the role of self-regulatory initiatives?
Self-regulatory initiatives should be considered and be given priority when voluntary measures by the industry would provide faster progress. The EuP directive defines conditions for acceptable self-regulations.
What to avoid when defining implementing measures?
Implementing measures must not result in a significant negative impact on
- the functionality, affordability or life cycle of the product;
- the industry's competitiveness;
- health, safety and the environment.
Proprietary technology and excessive administrative burden may not be imposed on manufacturers. The time schedule for phasing-in requirements should take product development cycles into account.
Controls and penalties
Who does the surveillance and what are the penalties for non-compliant EuPs?
The EuP-directive leaves the responsibility for market surveillance to the member states. The competent authorities are entitled to organise appropriate checks on EuP compliance. Penalties for non-compliant EuPs range from fines to the requirement to recall the product from the market.