Ecodesign of Energy-using Products

Based on the fact that disparities between the laws or administrative measures adopted by the Member States in relation to the ecodesign of energy-using products can create barriers to trade and distort competition, a common framework for the setting of ecodesign requirements for such products was adopted in the form of a directive in 20 0 5.^{[1] [2]} Due to substantial amendments, that Directive was recast in 2009 as Directive 2009/125/EC."

This Directive, which is based on the predecessor to the current Article 114 TFEU, that is, the legal basis relating to the internal market, establishes a framework for the setting of EU ecodesign requirements for energy-related products with the aim of ensuring the free movement of such products within the internal market.

The Directive provides for the setting of requirements which the energy-related products must fulfil in order to be placed on the market and/or put into service. For the purpose of the directive, an ‘energy-related product’ is any good that has an impact on energy consumption during use which is placed on the market and/ or put into service, as well as parts intended to be incorporated into such products. (Arts 1-2.)

The requirements apply only to products that are covered by implementing measures which in practice are product-specific Commission regulations adopted through a committee procedure.^[3] In order to qualify for such an implementing measure a product shall, inter alia, represent a significant volume of sales and trade, indicatively more than 200,000 units a year within the EU; have a significant environmental impact within the Union; and present significant potential for improvement in terms of its environmental impact without entailing excessive costs (Art 15). Products covered by implementing measures may be placed on the market and/or put into service only if they comply with those measures and bear the ‘CE’ marking (Art 3). The Directive allows for voluntary agreements or other self-regulation measures to be applied as alternatives to implementing measures if they meet certain criteria (Art 17).

• [1] Directive 2005/32/EC of the European Parliament and of the Council establishing a frameworkfor the setting of ecodesign requirements for energy-using products ... [2005] OJ L 191/29.
• [2] Directive 2009/125/EC of the European Parliament and of the Council establishing a framework for the setting of ecodesign requirements for energy-related products [2009] OJ L 285/10.
• [3] See, eg, Commission Regulation (EU) No 932/2012 implementing Directive 2009/125/ECof the European Parliament and of the Council with regard to ecodesign requirements for householdtumble driers [2012] OJ L 278/1.