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Document 52012DC0765
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Review of Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) 2012 Review
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Review of Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) 2012 Review
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Review of Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) 2012 Review
/* COM/2012/0765 final */
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL Review of Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products (recast) 2012 Review /* COM/2012/0765 final */
REPORT FROM THE COMMISSION TO THE
EUROPEAN PARLIAMENT AND THE COUNCIL Review of Directive 2009/125/EC of the
European Parliament and of the Council of 21 October 2009 establishing a
framework for the setting of ecodesign requirements for energy-related products
(recast) 2012 Review (Text with EEA relevance) 1. Introduction Under Article 21 of the Ecodesign
Directive, the Commission is required to review, no later than 2012, the
effectiveness of the Ecodesign Directive and of its implementing measures and
to assess the appropriateness of extending the scope of the Directive to
non-energy related products. 2. Effectiveness of the Directive In 2011, the Commission launched a dedicated
study (hereinafter 'the evaluation study') aiming at the review of the effectiveness
of (i) the Directive and its implementing measures, (ii) the Ecodesign
methodology, (iii) the threshold for implementing measures as described in
Article 15 of the Directive, (iv) market surveillance, and (v) self-regulation
measures[1]. A separate specific study was completed in
order to update the ecodesign methodology, which has resulted in the Methodology
for the ecodesign of energy-related products (MEErP)[2]. The evaluation study concluded that, in
general, the Ecodesign Directive is achieving its policy objectives (free
movement of goods and environmental protection) and that no revision of the
Directive is deemed appropriate at the moment or necessary to increase its
effectiveness and that of its implementing measures. The study has, in particular, pointed out
that: ·
In principle, the Directive is achieving its
policy objectives. Since 2005 the main focus of the implementing measures has
been on energy efficiency. The available data illustrate a move towards energy
efficiency for all products regulated by the Ecodesign implementing measures[3]. ·
It is too early to correctly evaluate the full
effect of the Directive and of the implementing mandatory and self-regulation
measures because of the insufficient period of their application. For one out
of the twelve ecodesign Regulations adopted at the time of the evaluation,
Tier-1 requirements had not yet entered into force and for eight implementing
measures, Tier-2 requirements had not yet entered into force. Furthermore, out
of two proposed voluntary agreements, none has so far been officially endorsed
by the Commission[4].
·
It is considered that the indicative criteria
for adopting implementing ecodesign measures, defined in Article 15 of the
Ecodesign Directive, remain appropriate. ·
Numerous methodological issues have been
addressed by the study on the (new) Methodology for the ecodesign of energy-related
products (MEErP). The study has also identified a number of challenges
faced at EU and Member States' levels in the application of the Ecodesign Directive
and its implementing measures, including: ·
Complex and lengthy preparatory procedure; ·
Limited data to inform policy decisions (e.g.
market trends and technological changes, market data, performance data from
market surveillance activities etc.); ·
Insufficient coordination of ecodesign measures
with other pieces of EU legislation, such as WEEE, RoHS or EPBD Directives; ·
Insufficient resources to deal with the
increasing amount of regulatory, communication and standardisation work; ·
Question on the level of ambition of some
requirements, especially in Tier-1; ·
Remaining potential to further address
non-energy-related issues of energy related products (e.g. material efficiency,
recyclability etc.); ·
Delays in the elaboration of suitable harmonised
standards; ·
Insufficient and ineffective market surveillance[5]. Based on this study the Commission has
drawn a number of conclusions on the action to be taken. In particular, the
Commission is taking actions which will consequently contribute to improving
the application of the Directive and its implementing measures. The most
relevant actions would be: ·
Delegating the non –regulatory work (notably
communication activities) to external bodies), so that Commission resources are
assigned to the development and implementation of legally binding acts. The
Commission is going to use Europe Direct[6]
to answer public queries on ecodesign, energy labelling and tyre labelling.
Furthermore, the Commission together with EACI is establishing a special
'communication helpdesk' that will give support in (i) preparing and running
information campaigns on ecodesign and energy labelling and (ii) replying to
queries submitted by citizens, stakeholders and other relevant parties. ·
Continuing to tap into technical expertise of other
EU bodies, including the Joint Research Centre (JRC) and EACI. For instance,
the JRC will be more involved in the development of the technical input to new
implementing measures and in following the standardisation work for selected
product groups as well as to contribute to the development of a more integrated
legislative process of different policy instruments (Ecodesign, Energy
Labelling, Ecolabel, GPP, WEEE, RoHS, etc.) ·
Continuing reinforcing the use of the expertise
of stakeholders (Member States, industry and NGOs), in particular in the
process of reviewing and revising existing implementing measures[7]. ·
Furthermore, a database
on energy efficiency and other environmental aspects of products placed on the
EU market is also being established. ·
Using external experts
(including New Approach Consultants) to follow more closely the standardisation
work done by the European Standardisation Bodies for the purpose of the
ecodesign implementing measures. Furthermore, support to NGOs to allow for
their active involvement in the standardisation work. ·
Launch of an annual market surveillance data
collection exercise and of the Joint Action on Market Surveillance between
national authorities under the Intelligent Energy Europe (IEE) Work Programme
2013 to enhance the enforcement of the Ecodesign and Energy labelling legislation.
A database on energy efficiency and other
environmental aspects of products placed on the EU market is also being
established. 3. Extension of the scope of the Directive Following the provisions of Article 21 of
the Directive, the study also assessed the
appropriateness of extending the scope of the Directive to non-energy-related
products. Based on the study, the Commission has
concluded that, for the moment, there is no need for the extension of the scope
of the Ecodesign Directive to non-energy related products. The study has, in particular, pointed out at: ·
The insufficient experience with the current
scope of the Directive (extended in the 2009 recast to energy-related products).
So far, all implementing measures prepared by the Commission concern
energy-using products. The Ecodesign Working Plan for the period 2012-2014 includes
the first energy related product groups, such as, for instance, windows and
thermal insulation. ·
The need to complete, as a first priority, the
regulatory work under the 2005 Ecodesign Directive and the first Ecodesign
Working Plan 2009-2011. Otherwise, increasing workload resulting from the need
to implement the existing Working Plans[8]
and to launch preparatory studies for new product groups, together with limited
resources, would risk postponing (at least until 2015) the regulatory work on
non-energy related product groups. ·
The different approach required for non-energy
related products. Unlike energy-using products, many non-energy-related
products (e.g. food, beverages, textiles) have a significant environmental
impact that mainly occurs in the earliest phase of the life cycle (e.g., the production
of raw materials in cattle and crops) and therefore product testing would no longer
be adequate for conformity assessment. ·
The current significant difficulty in
establishing enforceable ecodesign requirements for those non-energy related
product groups with the highest savings potential[9]. 4. Conclusion The Commission consulted the Ecodesign
Consultation Forum on 19 April 2012 on the recommendations of the evaluation
study and on its preliminary conclusions. The Commission’s views on the way
forward to improve the effectiveness of the Directive and its implementing
measures, as well as on its scope have been widely supported by stakeholders[10]. The Commission therefore concludes that
there is neither a need for an immediate revision of the Ecodesign
Directive, nor for the extension of its scope to non-energy related products and
proposes the following approach: ·
If appropriate, specific aspects of the
Ecodesign Directive that were subject to the present review can be reassessed in
the forthcoming review of the Energy Labelling Directive in 2014. The effects
of ecodesign implementing regulations and energy labelling delegated regulations
applicable to the same energy-related product are often linked and
complementary ; ·
Any future evaluation study reviewing specific
aspects of the Ecodesign Directive should: ·
take into account the results of the 2011
evaluation study and, where necessary, update its recommendations; ·
in the light of newly available evidence, special
attention should be paid to those aspects that might have not been fully
assessed in the 2011 evaluation study (such as the efficiency of implementing
measures and harmonised standards and a more close coordination between the implementation
of two Directives). The Commission will continue working
together with Member States and stakeholders on improving the implementation of
the Ecodesign Directive and its implementing measures. [1] For the final report (that was published in March
2012) please see http://cses.co.uk/ecodesign_evaluation [2] For new methodology, please see http://www.meerp.eu/ [3] In three instances (domestic lighting, standby,
circulators), there is a direct contribution of Ecodesign requirements to this
move. In one instance (TVs), technological change is considered to have played
the greatest role. In one instance (external power supplies), data are
insufficient to assess the effects of the implementing measure. [4] Voluntary
agreement on complex set-top boxes is scheduled for recognition still in 2012
while the agreement on imaging equipment will be recognised in 2013 [5] It is estimated that 10-20%
of products covered by implementing measures are non-compliant [6] See http://europa.eu/europedirect/index_en.htm [7] 11 implementing measures will be reviewed by the end
of 2014 (eight ecodesign and three energy labelling measures). [8] Mainly implementation, communication and legal
activities and the work on 35 standards [9] Product requirements seem
feasible for non-energy related products such as furniture, cleaning chemicals,
mattresses, toys. However, these products account for a minor share of the
total environmental impacts of non-energy related products. [10] See minutes of the Ecodesign Consultation Forum of 19
April 2012 http://ec.europa.eu/enterprise/policies/sustainable-business/ecodesign/consultation-forum/files/20120419_minutes_en.pdf