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Subject: European Commission to propose framework directive on eco-design
Country: Europe
Source: Warmer Bulletin #06-2003: February 23
Date: 2/2003
Submitted by: Kit Strange (Warmer Bulletin)
Curiosity (text):
The European Commission is currently drafting a new proposal on eco-design of end use equipment. EurActive reports that many stakeholders are doubting the usefulness of this proposal.

In November 2002, DG Entreprise launched a consultation on a framework directive on the eco-design of end use equipment (i.e equipment that is dependent on energy input: electricity, oil, gas). This framework directive is constituted by the merge of two initiatives - the EEE (impact on the environment of electrical and electronic equipment) and the EER (energy efficiency requirements).

The proposal for a directive on Eco-design of End Use Equipment is part of the development of an integrated product policy and aims to demonstrate how such integration can be achieved in practice for equipment using energy. Eco-design aims to reduce the overall impact environmental impact of the product throughout its whole life cycle thanks to the systematic integration of environmental aspects into product design.

The legal basis for this proposal, put forward by DG Enterprise, is the article 95 of the EC Treaty (establishment and functioning of the internal market). The draft framework directive aims to establish the conditions for the setting of eco-design requirements through implementing measures.

These implementing measures will be decided by the Commission assisted by a regulatory Committee without undergoing the codecision procedure. They will either be generic or specific to a certain type of product and might introduce quantitative targets for energy consumption in the production and use of appliances.

The framework directive foresees that eco-design requirements can only be set for products which represent a significant volume of sales and trade in the internal market and involve a significant environmental impact at European level which can be improved.

The Commission expects the industry to play a big role in the development of eco-design rules by inviting them to propose voluntary agreements. According to Commission sources, the lack of precision of the wording "End Use Equipment" will be adressed by replacing it by energy using equipment in the next draft proposal. The sector of transport will remain excluded, except if the Council and the Parliament decide to include it.

Industry considers that this new framework directive should not lead to increase red tape for producers. It claims that "Whenever market forces prove to be effective in achieving environmental goals, no implementing measure should be laid down".
AmCham, the EU Committee of the American Chamber of Commerce, stressed that the relationship of this proposal with a number of other policy instruments is unclear:

the EU strategy for an Integrated Product Policy should be fully elaborated before further consideration is given to a future EUE proposal there are substantial differences between EUE and the two other drafts which preceded it WEEE & ROHS Directives: These directives will regulate the design and recycling of electronics and impact on design and production facilitating dismantling, recovery and re-use of products, materials and components. The need for the EUE is therefore unclear

The environmental movement stated "the EUE directive is currently in a vacuum, with no clearly defined and quantified environmental objectives. The essential ingredients for success appear to be missing, most notably what environmental objectives the proposal aims to achieve for which equipment and with what stakeholder involvement."

DG Enterprise is currently drafting a new proposal following the public consultation According to Commission sources, the inter-services consultation will soon be launched and the draft directive should be proposed to the College of Commissioners in March 2003 The Commission is expected to adopt a Communication on the way forward to IPP in the first part of 2003http://w

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