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Ecodesign Directive extended to energy-related products

The Ecodesign or EuP Directive 2005/32/EC, the recast of which had already been proposed by the EU Commission in mid-2008, is being replaced by a new Directive (2009/125/EC). The new Directive enters into force on 20 November 2009. The most important amendment concerns the Directives scope, which has been extended from energy-using to so-called energy-related products. The latter are defined as follows:

Energy-related  product,  (a  product),  means  any  good  that has  an  impact  on  energy  consumption  during  use  which  is placed  on  the  market  and/or  put  into  service,  and  includes parts    intended    to    be    incorporated    into    energy-related products  covered  by   this  Directive  which  are  placed  on the  market  and/or  put  into  service  as  individual  parts  for end-users  and  of  which  the  environmental  performance  can be  assessed  independently

This authorises the Commission to propose ecodesign requirements also for products that are not energy-using itself but have an impact on energy consumption. Thus, requirements for products such as windows, insulating materials etc. may be established in the future. The criteria of article 15, section 2 for selecting products to be addressed by implementing measures are applicable in the same way as before. Accordingly, among other things, a product must have a significant potential for improvement in terms of its environmental impact and represent a significant volume of sales and trade in the EU (>200 000 units).

Further, the new Directive stipulates that the Commission shall assess at the latest 2012 the effectiveness of the new directive and its implementing measures. Following the assessment the appropriateness of extending the scope of the Directive to non-energy-related products, which means all products will be analyzed.