DIRECTIVES
DIRECTIVE 2009/125/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 21 October 2009
establishing a framework for the tting of ecodesign requirements for energy-related products
(recast)
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and
Social Committee ( 1 ),
Acting in accordance with the procedure laid down in
Article 251 of the Treaty ( 2 ),
Whereas:
(1) Directive 2005/32/EC of the European Parliament and of
the Council of 6 July 2005 establishing a framework for
the tting of ecodesign requirements for energy-using products ( 3 ) has been substantially amended. Since further amendments, strictly limited to the extension of the scope of application of that Directive to include all energy-related products, are to be made, that Directive should be recast in the interests of clarity.
(2) The disparities between the laws or administrative
measures adopted by the Member States in relation to
the ecodesign of energy-related products can create barriers to trade and distort competition in the Community and may thus have a direct impact on the establishment and functioning of the internal market.
The harmonisation of national laws is the only means to prevent such barriers to trade and unfair competition. The extension of the scope to all energy-related products ensures that ecodesign requirements for all significant energy-related products can be harmonid at Community level.
(3) Energy-related products account for a large proportion of
the consumption of natural resources and energy in the
Community. They also have a number of other important environmental impacts. For the vast majority of product categories available on the Community market, very different degrees of environmental impact can be noted though they provide similar functional performances. In the interest of sustainable development, continuous improvement in the overall environmental impact of tho products should be encouraged, notably by identifying the major sources of negative envi ronmental impacts and avoiding transfer of pollution, when this improvement does not entail excessive costs.
(4) Many energy-related products have a significant potential
for being improved in order to reduce environmental impacts and to achieve energy savings through better design which also leads to economic savings for busi ness and end-urs. In addition to products which u, generate, transfer, or measure energy, certain energy-related products, including products ud in construction such as windows, insulation materials, or some water-using products such as shower heads or taps could also contribute to significant energy savings during u.
(5) The
ecodesign of products is a crucial factor in the Community strategy on Integrated Product Policy. As a preventive approach, designed to optimi the environ mental performance of products, while maintaining their functional qualities, it provides genuine new oppor tunities for manufacturers, consumers and society as a whole.
( 1 ) OJ C 100, 30.4.2009, p. 120.
( 2 ) Opinion of the European Parliament of 24 April 2009 (not yet published in the Official Journal) and Council Decision of 24 September 2009.
( 3 ) OJ L 191, 22.7.2005, p. 29.
(6) Energy efficiency improvement — with one of the
available options being more efficient end u of elec
tricity — is regarded as contributing substantially to the achievement of greenhou gas emission targets in the Community. Electricity demand is the fastest growing energy end u category and is projected to grow within the next 20 to 30 years in the abnce of any policy action to counteract this trend. A significant reduction in energy consumption as suggested by the Commission in its European Climate Change Programme (ECCP) is possible. Climate change is one of the priorities of the Sixth Community Environment Action Programme, laid down by Decision No 1600/2002/EC of the European Parliament and of the Council ( 1 ). Energy saving is the most cost-effective way to increa curity of supply and reduce import dependency. Therefore, substantial demand-side measures and targets should be adopted.
(7) Action should be taken during the design pha of
energy-related products, since it appears that the
pollution caud during a product’s life cycle is determined at that stage, and most of the costs involved are committed then.
(8) A coherent framework for the application of Community
ecodesign requirements for energy-related products
should be established with the aim of ensuring the free movement of tho products which comply with such requirements and of improving their overall environ mental impact. Such Community requirements should respect the principles of fair competition and inter national trade.
(9) Ecodesign requirements should be t taking account of
the goals and priorities of the Sixth Community
Environment Action Programme, including, as appro priate, applicable goals of the relevant thematic strategies of that Programme.
(10) This Directive eks to achieve a high level of protection
for the environment by reducing the potential environ mental impact of energy-related products, which will ultimately be beneficial to consumers and other end- urs. Sustainable development also requires proper consideration of the health, social and economic impact of the measures envisaged. Improving the energy and resource efficiency of products contributes to the curity of the energy supply and to the reduction of
the demand on natural resources, which are precon ditions of sound economic activity and therefore of sustainable development.
(11) A Member State that deems it necessary to maintain
national provisions on grounds of overriding needs
relating to the protection of the environment, or to introduce new provisions bad on new scientific evidence relating to the protection of the environment on grounds of a problem specific to that Member State that aris after the adoption of the applicable imple menting measure, may do so under the conditions laid down in Article 95(4), (5) and (6) of the Treaty, which provides for prior notification to, and approval from, the Commission.
(12) In order to maximi the environmental benefits from
improved design, it may be necessary to inform
consumers about the environmental characteristics and performance of energy-related products and to advi them on how to u products in a manner which is environmentally friendly.
(13) The approach t out in the Commission’s Communi
cation of 18 June 2003 entitled ‘Integrated Product
Policy — Building on Environmental Life-Cycle Thinking’, which is a major innovative element of the Sixth Community Environment Action Programme, aims to reduce the environmental impacts of products across the whole of their life cycle, including in the lection and u of raw materials, in manufacturing, packaging, transport and distribution, installation and maintenance, u and end-of-life. Considering at the design stage a product’s environmental impact throughout its whole life cycle has a high potential to facilitate improved environmental performance in a cost- effective way, including in terms of resource and material efficiency, and thereby to contribute to achieving the objectives of the Thematic Strategy on the Sustainable U of Natural Resources. There should be sufficient flexibility to enable this factor to be integrated in product design whilst taking account of technical, func tional and economic considerations.
(14) Although a comprehensive approach to environmental
performance is desirable, greenhou gas mitigation
through incread energy efficiency should be considered a priority environmental goal pending the adoption of a working plan.
( 1 ) OJ L 242, 10.9.2002, p. 1.
(15) It may be necessary and justified to establish specific
quantified ecodesign requirements for some products or
environmental aspects thereof in order to ensure that
their environmental impact is minimid. Given the
urgent need to contribute to the achievement of the
commitments in the framework of the Kyoto Protocol
to the United Nations Framework Convention on Climate
Change, and without prejudice to the integrated approach
promoted in this Directive, some priority should be given
to tho measures with a high potential for reducing
greenhou gas emissions at low cost. Such measures
can also contribute to a sustainable u of resources
and constitute a major contribution to the 10-year
framework of programmes on sustainable production
and consumption agreed at the World Summit on
Sustainable Development in Johannesburg from
26 August to 4 September 2002.
(16) As a general principle and where appropriate, the energy
consumption of energy-related products in stand-by or
off-mode should be reduced to the minimum necessary
for their proper functioning.
(17) While the best-performing products or technologies
available on the market, including on international
markets, should be taken as a reference, the level of
ecodesign requirements should be established on the
basis of technical, economic and environmental
analysis. Flexibility in the method for establishing the
level of requirements can make swift improvement of
environmental performance easier. Interested parties
should be consulted and cooperate actively in this
analysis. The tting of mandatory measures requires
proper consultation of the parties involved. Such consul
tation may highlight the need for a phad introduction
or transitional measures. The introduction of interim
targets increas the predictability of the policy, allows
for accommodating product development cycles and
facilitates long-term planning for interested parties.
(18) Priority should be given to alternative cours of action
such as lf-regulation by the industry where such action微信祝福语简短
is likely to deliver the policy objectives faster or in a less
costly manner than mandatory requirements. Legislative
measures may be needed where market forces fail to
evolve in the right direction or at an acceptable speed.
(19) Self-regulation, including voluntary agreements offered as
unilateral commitments by industry, can enable quick
progress due to rapid and cost-effective implementation,
and allows for flexible and appropriate adaptations to
technological options and market nsitivities.(20) For the asssment of voluntary agreements or other lf-
regulation measures prented as alternatives to imple
menting measures, information on at least the
following issues should be available: openness of partici
pation, added value, reprentativeness, quantified and
staged objectives, involvement of civil society, moni
toring and reporting, cost-effectiveness of administering
a lf-regulatory initiative and sustainability.
(21) The Commission’s Communication of 17 February 2002,
entitled ‘Environmental Agreements at Community level
within the Framework of the Action Plan on the Simplifi
cation and Improvement of the Regulatory Environment’,
could provide uful guidance when asssing lf-regu
lation by industry in the context of this Directive.
(22) This Directive should also encourage the integration of
疯狂摩天轮
ecodesign in small and medium-sized enterpris (SMEs)
and very small firms. Such integration could be facilitated
by wide availability of, and easy access to, information
relating to the sustainability of their products.
(23) Energy-related products that comply with the ecodesign
requirements laid down in implementing measures to
this Directive should bear the ‘CE’ marking and associated
information, in order to enable them to be placed on the
internal market and move freely. The rigorous
enforcement of implementing measures is necessary to
reduce the environmental impact of regulated energy-
related products and to ensure fair competition.
(24) When preparing implementing measures and the
working plan, the Commission should consult Member
States’ reprentatives as well as interested parties
concerned with the product group, such as industry,
including SMEs and craft industry, trade unions, traders,
retailers, importers, environmental protection groups and
理综卷consumer organisations.
(25) When preparing implementing measures, the
Commission should also take due account of existing
national environmental legislation, in particular that
concerning toxic substances, which Member States have
indicated should be prerved, without reducing the
existing and justified levels of protection in the
Member States.
(26) Regard should be given to the modules and rules
intended for u in technical harmonisation Directives
t out in Decision No 768/2008/EC of the European
Parliament and of the Council of 9 July 2008 on a
common framework for the marketing of products (1). (1) OJ L 218, 13.8.2008, p. 82.
(27) Surveillance authorities should exchange information on
the measures envisaged within the scope of this Directive
with a view to improving surveillance of the market,
having regard to Regulation (EC) No 765/2008 of the
European Parliament and of the Council of 9 July 2008
tting out the requirements for accreditation and market
surveillance relating to the marketing of products (1).
Such cooperation should make the utmost u of elec
tronic means of communication and relevant Community programmes. The exchange of information
on environmental life cycle performance and on the
achievements of design solutions should be facilitated.
The accumulation and dismination of the body of
knowledge generated by the ecodesign efforts of manu
facturers is one of the crucial benefits of this Directive.
(28) A competent body is usually a public or private body,
designated by the public authorities, that prents the
necessary guarantees for impartiality and availability of
technical experti for carrying out a verification of the
product with regard to its compliance with the applicable
implementing measures.
(29) Noting the importance of avoiding non-compliance,
Member States should ensure that the necessary means
are available for effective market surveillance.
(30) In respect of training and information on ecodesign for
SMEs, it may be appropriate to consider accompanying
activities.
(31)It is in the interest of the functioning of the internal
market to have standards which have been harmonid
at Community level. Once the reference to such a
standard has been published in the Official Journal of the
European Union, compliance with it should rai a
presumption of conformity with the corresponding
requirements t out in the implementing measure
adopted on the basis of this Directive, although other
means of demonstrating such conformity should be
permitted.
(32)One of the main roles of harmonid standards should
be to help manufacturers in applying the implementing
measures adopted under this Directive. Such standards
could be esntial in establishing measuring and testing
methods. In the ca of generic ecodesign requirements,
harmonid standards could contribute considerably to
guiding manufacturers in establishing the ecological
profile of their products in accordance with the
requirements of the applicable implementing measure.
The standards should clearly indicate the relationship
between their claus and the requirements dealt with.
The purpo of harmonid standards should not be to
fix limits for environmental aspects.
(33) For the purpo of the definitions ud in this Directive it
is uful to refer to relevant international standards such
as ISO 14040.
(34) This Directive is in accordance with certain principles for
the implementation of the new approach as t out in
the Council Resolution of 7 May 1985 on a new
approach to technical harmonisation and standards (2)
and of making reference to harmonid European
standards. The Council Resolution of 28 October 1999
on the role of standardisation in Europe (3) recommends
that the Commission examine whether the New
Approach principle could be extended to ctors not
yet covered as a means of improving and simplifying
legislation wherever possible.
(35) This Directive is complementary to existing Community
instruments such as Council Directive 92/75/EEC of
降头术
22 September 1992 on the indication by labelling and
standard product information of the consumption of
energy and other resources by houhold appliances (4),
Regulation (EC) No 1980/2000 of the European
Parliament and of the Council of 17 July 2000 on a
revid Community eco-label award scheme (5),
Directive 2002/96/EC of the European Parliament and
投影广告of the Council of 27 January 2003 on waste electrical
and electronic equipment (WEEE) (6), Directive 2002/95/EC of the European Parliament and of the
Council of 27 January 2003 on the restriction of the
u of certain hazardous substances in electrical and elec
tronic equipment (7), Directive 2006/121/EC of the
European Parliament and of the Council of
18 December 2006 amending Council Directive
67/548/EEC on the approximation of laws, regulations
and administrative provisions relating to the classifi
cation, packaging and labelling of dangerous substances
in order to adapt it to Regulation (EC) No 1907/2006
concerning the Registration, Evaluation, Authorisation
and Restriction of Chemicals (REACH) and establishing
a European Chemicals Agency (8) and Regulation (EC) No
106/2008 of the European Parliament and of the Council
of 15 January 2008 on a Community energy-efficiency
labelling programme for office equipment (9). Synergies
between this Directive and the existing Community
instruments should contribute to increasing their
respective impacts and building coherent requirements
for manufacturers to apply.花盆效应
(1) OJ L 218, 13.8.2008, p. 30. (2) OJ C 136, 4.6.1985, p. 1.
(3) OJ C 141, 19.5.2000, p. 1.
(4) OJ L 297, 13.10.1992, p. 16.
(5) OJ L 237, 21.9.2000, p. 1.
(6) OJ L 37, 13.2.2003, p. 24.
(7) OJ L 37, 13.2.2003, p. 19.
(8) OJ L 396, 30.12.2006, p. 1.
(9) OJ L 39, 13.2.2008, p. 1.
(36) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures for the exerci of implementing powers
conferred on the Commission (1).
(37) In particular, the Commission should be empowered to
amend or repeal Council Directive 92/42/EEC (2), and
Directives 96/57/EC (3) and 2000/55/EC (4) of the
European Parliament and of the Council. Such
amendment or repeal must be adopted in accordance
with the regulatory procedure with scrutiny provided
for in Article 5a of Decision 1999/468/EC.
(38) In addition, the Commission should be empowered to
adopt implementing measures laying down ecodesign
requirements for defined energy-related products,
including the introduction of implementing measures
during the transitional period, and including where
appropriate provisions on the balancing of the various
严济慈简介environmental aspects. Since tho measures are of
general scope and are designed to amend non-esntial
elements of this Directive by supplementing it with new
non-esntial elements, they must be adopted in
accordance with the regulatory procedure with scrutiny
provided for in Article 5a of Decision 1999/468/EC.
(39)The Commission should, on the basis of the experience
gained from applying this Directive, Directive 2005/32/EC and implementing measures, review the
operation, methods and effectiveness of this Directive
and asss the appropriateness of extending its scope
beyond energy-related products. Within that review, the
Commission should consult Member States’ repren
tatives as well as concerned interested parties.
(40) Member States should determine the penalties to be
applied in the event of infringements of the national
provisions adopted pursuant to this Directive. Tho
penalties should be effective, proportionate and
dissuasive.
(41) Since the objective of this Directive, namely to ensure the
functioning of the internal market by requiring products
to reach an adequate level of environmental performance,
cannot be sufficiently achieved by the Member States and
can therefore, by reason of its scale and effects, be better
achieved at Community level, the Community may adopt
measures, in accordance with the principle of subsidiarity
as t out in Article 5 of the Treaty. In accordance with
the principle of proportionality, as t out in that Article,
this Directive does not go beyond what is necessary in
order to achieve that objective.(42) The obligation to transpo this Directive into national
law should be confined to tho provisions which
reprent a substantive change as compared with
Directive 2005/32/EC. The obligation to transpo the
provisions which are unchanged aris under Directive
2005/32/EC.
(43) This Directive should be without prejudice to the obli
gations of the Member States relating to the time limits
for transposition into national law of the Directives t
out in Annex IX, Part B.
(44) In accordance with point 34 of the Interinstitutional
Agreement on better law-making (5), Member States are
encouraged to draw up, for themlves and in the interest
of the Community, their own tables, illustrating, as far as
possible, the correlation between this Directive and the
transposition measures, and to make them public,
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Subject matter and scope
1. This Directive establishes a framework for the tting of Community ecodesign requirements for e
nergy-related products with the aim of ensuring the free movement of such products within the internal market.
2. This Directive provides for the tting of requirements which the energy-related products covered by implementing measures must fulfil in order to be placed on the market and/or put into rvice. It contributes to sustainable development by increasing energy efficiency and the level of protection of the environment, while at the same time increasing the curity of the energy supply.
3. This Directive shall not apply to means of transport for persons or goods.
4. This Directive and the implementing measures adopted pursuant thereto shall be without prejudice to Community waste management legislation and Community chemicals legislation, including Community legislation on fluorinated greenhou gas.
Article 2
Definitions
For the purpos of this Directive, the following definitions shall apply:
(1) OJ L 184, 17.7.1999, p. 23.
(2) OJ L 167, 22.6.1992, p. 17.
(3) OJ L 236, 18.9.1996, p. 36.新秀队
(4) OJ L 279, 1.11.2000, p. 33. (5) OJ C 321, 31.12.2003, p. 1.
