Exigences en matière d'éco-conception applicables aux produits consommateurs d'énergie

Résumé

The production, distribution, use and end-of-life management of products is associated with impacts on the environment (consumption of natural resources and energy responsible for global warming, waste and release of hazardous substances).

In order to reduce these impacts in the product design phase, the Commission proposed a framework directive on setting eco-design requirements for energy-using products (EuP) on 1 August 2003.

The directive paves the way for the definition of eco-design specifications on a product-specific basis. It is a combination of DG Enterprise's proposals for an EEE (eco-design for Electrical & Electronic Equipment) Directive and proposals by DG Energy and Transport for an EER (Energy Efficiency Requirements) Directive. These proposals were merged into one at the end of 2002.

Enjeux

On 13 April 2005, the Parliament gave its go-ahead to a last-minute compromise agreement reached with the EU Council of Ministers on the proposed eco-design framework directive (EurActiv, 14 April 2005).

An important aspect of the compromise is that self-imposed measures by industry will be given priority over regulation if they are deemed to be more efficient. This will be assessed by the Commission at an early stage after it has consulted a special stakeholders' forum bringing together representatives of industry, member states and NGOs. 

The actual measures will be taken on a product-by-product basis by the Commission under the supervision of a designated panel of EU member state experts as part of the so-called fast-track comitology procedure. 

The measures, to be decided over the next two years, will define energy performance for each product and the related labelling to enable consumers to make informed choices. They will also carry information to encourage consumer responsibility in contributing to energy savings.

On one of the most controversial points in the negotiation, it was finally agreed to uphold the internal market (art. 95 of the EC Treaty) as the sole legal basis of the directive. In practice, this means that member states will not be allowed to impose stricter environmental rules of their own accord as would have been the case if the environmental provisions of the treaty had been applied. This provision will make sure products are harmonised and more easily traded across all EU countries.

The agreed directive:

• defines the conditions, criteria and methodology for the Commission to adopt eco-design requirements for specific products using the fast-track comitology procedure;
• will apply to any product using energy, except motor vehicles; 
• does not create legal obligations for manufacturers, unless implementing measures are adopted.

The comitology procedure does not give room to the Parliament to decide on the setting of eco-design requirements. However, the directive foresees that each implementing measure will be accompanied by an explanatory memorandum, an impact assessment and stakeholders' consultation.

There will not be obligations for all energy-using products, but only for those meeting criteria such as environmental impact and the volume of trade in the internal market and clear potential for improvement, for example where market forces fail to make progress in the absence of a legal requirement.

Implementation measures can include generic eco-design requirements designed to improve the overall environmental performance of a product. Others may relate to a selected environmental aspect of the product (such as energy consumption during use) which is quantified and therefore measurable.

This directive will follow the Commission's 'new approach' to internal market regulation and promote the use of standards to improve the environmental performance of products (see EurActiv LinksDossier on an Integrated Product Policy [IPP]).

The Commission expects that the adoption of this framework directive will push industry to conclude voluntary commitments.

Réactions

The European Parliament had initially called for more stringent measures when they backed the report by Astrid Thors (ELDR, Finland) in first reading. MEPs had voted for parts of the directive to fall under the EU Treaty's environment provisions. But this could have forced manufacturers to have to adapt to different environmental requirements across EU countries and the amendment was finally rejected.

However MEPs did agree on a list of products that should be tackled first. These include heating, lighting and office equipment as well as consumer electronics. Energy losses from stand-by switches are also to be reduced for all products.

The Energy Council  reached a  common position on 30 November 2004. It accepted 23 of the 78 amendments the Parliament had proposed in its first reading.

The Greens/EFA group in Parliament hailed the deal as a victory for Parliament. "Almost all of the directive's relevant provisions […] were imposed by the Parliament," said MEP Claude Turmes (Greens, Luxembourg).

Business federations argued that whenever market forces prove to be effective in achieving environmental goals, no implementing measure should be laid down. They expressed doubts about the involvement of stakeholders and the enforceability of generic requirements and recalled the importance of clarifying the link between the various legislative initiatives, such as integrated product policy (IPP) and the directives on waste from electrical and electronic equipment (WEEE) and restriction of the use of hazardous substances (RoHS).

Orgalime - a federation representing the mechanical, electrical, electronic and metalworking industries - also called for priority to be given to voluntary measures. It called for a proper involvement of industry from the very start of the process of considering implementing measures and opposes mandatory life cycle analysis (LCA).

WWF's European Policy Office criticised the agreement for lacking ambition. According to head of climate and energy unit Dr Stephan Singer, the "biggest loophole of the new law" is that it allows self-regulation by industry as an alternative to the so-called implementing measures which are to be adopted under the directive on a case by case basis. Singer describes the voluntary agreements and the lack of independent verification on their implementation as "an invitation to cheat". On the positive side, WWF said it appreciated the Commission's will to implement measures to reduce energy losses from appliances being in stand-by mode, "which waste the most power".

European household equipment manufacturers have welcomed the agreement's specifications on voluntary initiatives. CECED said industry self-commitments have delivered impressive results and helped maintain European manufacturers as world leaders in the field.  But CECD warned against any discrepancies in implementation and called on the Commission and the member states to ensure that the rules are properly enforced.

Dates clés

• July 2005: The European Parliament and the Council adopt a final text (EUP Directive 2005/32/EC).
• Actual measures are to be decided over the next two years by the Commission on a product-by-product basis under the supervision of a designated panel of EU member state experts as part of the so-called fast-track comitology procedure (see related Commission website).
• Priority products include heating, electric motors, lighting and domestic appliances.
• 16 July 2008: The Commission adopts a proposal for a directive to extend the scope of the framework Ecodesign Directive to cover other energy-related as well as energy-using products.
• 26 Sept. 2008: EU governments endorse two proposals to add lighting and TV 'set-top' boxes to the list of regulated equipment (EurActiv 29/10/08).
• 17 Oct. 2008: EU governments approve a proposal to improve the energy performance of external power supplies (EPS), which convert power for household and office products (EurActiv 20/10/08)
• 21 Oct. 2008: Commission unveils a list of ten priority energy-using product groups for which it wants energy-efficiency standards to be established within the next three years (EurActiv 24/10/08).
• 8 Dec. 2008: EU national representatives vote in favour of phasing out energy-guzzling incandescent light bulbs and inefficient halogen bulbs between 2009 and 2012 (EurActiv 09/12/08).
• 17 Dec. 2008: Commission adopts regulation to reduce standby power consumption of electronic household and office equipment.
• 4 Feb. 2009: Commission adopts efficiency standards for simple set-top boxes. 
• 18 March 2009: Commission adopts two regulations to improve the energy efficiency of house lamps and office, street and industrial lighting (EurActiv 19/03/09).
• 6 Apr. 2009: Commission adopts regulation to reduce electricity consumption of external power supplies.
• 24 Apr. 2009: Parliament approves extension of the Eco-design Directive to cover products with an indirect impact on energy use (EurActiv 27/04/09).
• 22 July 2009: Commission adopts four regulations to make industrial motors, water circulators, televisions, refrigerators and freezers more efficient (EurActiv 23/07/09).
• 24 Sept. 2009: Council adopts the revised Eco-design Directive extending its scope to all energy-related products.

Liens externes

Non-assigned links

• Eur-Lex: Vorschlag für eine Richtlinie zur Schaffung eines Rahmens für die Festlegung von Anforderungen an die umweltgerechte Gestaltung energiebetriebener Produkte und zur Änderung der Richtlinie 92/42/EWG, COM(2003) 453 final
• Kommission: Die Kommission setzt sich für eine bessere ökologische Konzeption energieverbrauchender Produkte ein (Pressemitteilung, 9.September 2003)
• DG Unternehmen: Environmentally-friendly design of energy-using products
• Parlament-OEIL: Environment: setting of eco-design requirements for energy-using products (amend. direct. 92/42/EEC), COM(2003) 453 final
• Parliament:Berichtsentwurf über den Vorschlag für eine Richtlinie zur Schaffung eines Rahmens für die Festlegung von Anforderungen an die umweltgerechte Gestaltung energiebetriebener Produkte [Bericht: Ries-Thors] (9. Januar 2004)
• Swedisches Ministerium für Industrie, Arbeit und Kommunikation: Schriftliche Erläuterungen - Vorschlagsentwurf für eine Richtlinie zu Ökodesign und Entsorgungsgeräten
• Abteilung Großbritanniens für Handel und Industrie: Comments on the Proposed Framework Directive for the Eco-Design of End Use Equipment
• Deutsches Umweltministerium: Stellungnahme zum Entwurf der EU-Richtlinie Establishing a framework for Eco-design of End Use Equipment” (EuE-RLV)
• Franzöische Behörde: Projet de directive relatif à l'eco-design des équipements mis sur le marché
• AMCHAM: Comments on the draft proposal for a framework for Eco-design of End Use Equipment ("EUE") (Dezember 2002)
• CECED: Energy-using Products (EuP): EU attempts at eco-design-by-law must not stifle environmental innovation (Pressemitteilung, 11.September 2003)
• UEAPME: Position Paper on the Commission Draft Proposal for a Directive on establishing a Framework for Eco-design of End Use Equipment (Dezember 2002)
• Orgalime: Position paper on a Draft Proposal for a Directive of the European Parliament and of the Council on establishing a framework for Eco-design of End Use Equipment2 (Dezember 2002)
• INTELLECT: Position on the draft proposal for an EC Directive on eco–design requirements for end-use equipment (EUE) (December 2002)
• Wirtschaftskammer Österreich: Rahmenrichtlinie über das Ökodesign von Endverbrauchergeräten (Kommissionsvorschlag, Entwurf) (Dezember 2002)
• European Federation of Catering Equipment Manufacturers: Comments on Eco Design of End Use Equipment framework directive (Dezember 2002)
• Eurocommerce: comments on the Commission draft framework directive for eco-design of end use products (EUP) (Dezember 2002)
• European committee for co-operation of the machine tool industries: Comments on the EC proposal for a Framework Directive for Eco-design of End use Equipment (Dezember 2002)
• Finnische Industrie: Comments to the draft directive eco-design of end-use-equipment (Dezember 2002)
• CECED: Revised Critique on the Commission services" draft proposal for a directive on establishing a framework for eco-design of end-use equipment (Dezember 2002)
• Eurelectric: Initial comments on the European Commission"s draft proposal for a Directive on establishing a framework for Eco-design of End-Use Equipment (Dezember 2002)
• Japan Business Council in Europe: Position paper on the draft Commission proposal for a directive on establishing a framework for Eco-design of End Use Equipment (Dezember 2002)
• EICTA: Position Paper on the Draft Proposal for a Directive on establishing a Framework for Eco-Design Requirements of End-Use Equipment (Dezember 2002)
• Orgalime: Position paper on a Directive establishing a framework for the setting of Eco-design requirements for Energy Usi ng Products (5. Dezember 2003)
• Orgalime: Position paper on a Draft proposal for a directive of the European Parliament and of the Council on establishing a framework for Eco-design of end use equipment (18. Dezember 2002)
• EEB: Position on Commission proposal for a draft Directive on establishing a framework for Eco-design of End use Equipment (Januar 2003)
• EEB: EEB preliminary comments for Stakeholders" meeting for discussing a working paper on a draft Directive on establishing a framework for Eco-design of End use Equipment (November 2002)
• World Wide Fund (WWF): The proposed "Eco-Design" Directive How to turn it into a truly effective initiative for EU and global climate change policy (31. Oktober 2003)
• World Wide Fund (WWF): Electrical and Electronic Equipment and Minimum Energy Efficiency Requirements Directives: This is not a merger – it"s a hostile takeover! (November 2002)