The Eco-design Directive – to be extended to cover all manufactured products?

In a Communication on the Sustainable Production and Consumption and Sustainable Industrial Action Plan, the European Commission proposes extending the Eco-design Directive (Directive 2005/32/EC) to cover all manufactured products. Currently the Eco-design Directive provides a framework for energy and environment performance criteria limited to energy-using products. Under the Eco-design Directive, manufacturers of energy-using products will be obliged, at the design stage, to reduce the energy consumption and other environment impacts of the energy-using products. This is to be achieved by means of product-specific implementing measures. It is expected that from this year, standards and targets will be introduced through these implementing measures relating to individual product types. These will be enacted following impact assessments and consultations with interested parties. Having said this it is to be noted that the design of certain products are already integrated into the Eco-design Directive by existing Directives dealing with energy efficiency (Directive 92/42/EEC on hot-water boilers, Directive 96/57/EC on household refrigerators and freezers and Directive 2000/55/EC on ballasts for fluorescent lighting).

The European Commission estimates that improving the energy efficiency of energy-using products could lead to over 7% reduction in total emissions and savings of around €36 billion, by 2020, for industry and households.

Scope of the Directive

After the enactment of implementation measures, the Eco-design Directive will apply to particular energy-using products (products which are dependent on energy input to work as intended, or products for the generation, transfer and measurement of such energy) that:

• are placed on the market in the EU or imported into the EU for the first time after the relevant implementation measure;
• have a significant impact on the environment;
• have a high volume of sales (over 200,000 units a year); and
• have a clear potential for improvement in environment impact that does not entail excessive costs.

It will also cover product parts that are intended to be incorporated into energy-using products which are placed on the market as individual parts. All energy sources will be covered but means of transport (vehicles) for people or goods are excluded.

Environment and energy standards of energy-using products to be implemented by measures will include:

• energy/resource consumption;
• hazardous substances;
• waste reduction;
• extension of lifetime; and
• recycling.

Implementing measures

Implementing measures are expected to be adopted for certain ‘priority’ products as follows:

• in 2008: service sector lighting, simple set top boxes, products with a stand-by function and external power supplies (such as battery chargers); and
• by Spring 2009: domestic lighting and televisions.

Draft implementing measures for other ‘priority’ products (such as heating and water heating equipment, electric motors, domestic appliances, residential and tertiary office equipment, consumer electronics and heating, ventilation and air conditioning systems) will be submitted for vote by the European Commission in 2008 and 2009.

Once the measures are implemented manufacturers will have to comply with environment and energy requirements of those measures. If the manufacturer is established outside the EU and has no authorised representative in the EU, the importer will be required to ensure compliance. Until specific implementing measures are published, it will not be clear exactly what the requirements will be. However, manufacturers that are likely to be affected might consider now how they could develop skills and changes to products to improve the energy efficiency and environment impact of the products.

Is coverage of the Eco-design Directive about to increased massively?

The EU Commission calculates that energy-using products account only for 35-40% of the environment impacts of products generally. At the end of April 2008, the European Commission announced that the Eco-design Directive will be extended to cover all manufactured products, not just products that require energy to function. Examples of products that it might include are clothing and footwear, cleaning products, domestic water-using devices, furniture and building components (such as window systems and doors). The intention of the EU Commission is to develop specific implementing measures for products having significant market sales, environment impacts and potential for improvement in terms of energy performance. The specific measures will set minimum environment and energy standards for products to meet. It is anticipated that a proposal for the revision of the Eco-design Directive will be published soon. In the meantime there has been some concern from industry about the administrative and testing burdens that this extension could lead to. There are calls to ensure that the benefits significantly outweigh the burdens and that the regulatory impact assessments in this regard are thorough.

Extension of Eco-labelling

A related intention of the EU Commission is to also extend the Energy Efficiency Labelling Directive (Directive 92/75/EEC) which relates to the consumption of energy and other resources by household appliances. This Directive will be extended to cover a wider range of products in line with the extension of the Eco-design Directive. The Eco-labelling Directive currently covers household products such as washing machines, tumble dryers, refrigerators, freezers, dishwashers and light bulbs.

Ramifications

Clearly, if these intended amendments to the existing EU legislation are implemented, greater attention will need to be given to designing into products better performance of such products from an environment perspective. However mere compliance is not the only aspect to consider. Undoubtedly aspects of cleantech will need to be employed or developed in order to satisfy the requirements of such increased performance. The EU Commission’s Communication envisages that Member States could introduce fiscal incentives to promote better product performance and the development of cleantech. In addition, there is also a discernible trend towards the greening of procurement and we may very well see this trend, along with compliance, cleantech and fiscal incentives, being a driver for better performance.

Co-author Jessica Chilton who can be contacted at +44 (0)207 367 3259 or [email protected].