Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products

Summary of the initiative

Objective(s)
The Directive 2005/32/EC on eco-design requirements foresees the possibility for industry to establish ecodesign requirements for energy-using products. The objective of the Directive is to ensure the free movement of energy-using products in the Internal Market and to contribute both to environmental protection policy and to security of energy supply. The adopted framework does not create immediate obligations, but only sets the general principles and criteria for the establishment of eco-design requirements, leaving the development and adoption of implementing measures for individual products to the Commission assisted by a regulatory committee. It also provides that the Commission shall refrain from adopting such implementing measures where the industry established alternative mechanisms and where such mechanisms are likely to deliver the policy objectives faster or less costly than mandatory requirements. The admissibility of self-regulatory initiatives is evaluated on the basis of a non-exhaustive list of indicative criteria provided in Annex VIII: openness of participation, added value, representativeness, quantified and staged objectives, monitoring and reporting compliance, involvement of civil society, transparency, cost-effectiveness, sustainability and incentive compatibility. The alternative mechanisms must of course also be in conformity with all provisions of the Treaty (in particular Internal Market and competition rules), as well as with the international engagements of the Community, including multilateral trade rules. (Pm: the reference to self-regulation is not to be taken literally; measures taken by third parties in the framework of a legal act must be considered as part of a co-regulation scheme).

Description of the Initiative

Obsolete case
    Sector

    Sector

    Contact Point - Commission
    ENER C.3

    Self/Co-Regulation Basic Act

    LEGISLATIVE ACT
    Year
    2005
    Title of Act
    Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council, Official Journal L 191, 22.7.2005, p. 29-58.

    Geographical Coverage

    Global coverage
    Participating Countries
    Austria

    Description

    Problems that lead to the introduction of Self/Co-Regulation and the adoption of the Founding Act
    Disparities between the laws or administrative measures in the Member States in relation to the ecodesign of energy-using products create barriers to trade and distort competition and therefore have a direct impact on the functioning of the internal market. For the vast majority of product categories available on the Community market, very different degrees of environmental impact could be noted in products providing similar functional performances.
    Target Group(s)
    Energy-using products industry
    Type of Instrument(s)
    Codes of conduct in a contractual agreement
    Type of Financing
    -
    Type of Monitoring
    Conduct an initial survey of compliance capacity of future regulateesConduct regular visits and spot checksInitiate complaints proceduresMaintain database of those bounded by the normsProduce regular reportsReceive complaints and verify if norms were breached or notReflexive dialogue with the - stakeholdersOther
    European Commissionyes
    National public authority
    International public authority
    Private regulator (code owner)yes
    Private independent party with a mandate (e.g. auditors)yes
    Self-appointed private parties (e.g. NGOs)
    Succinct description of the type of Monitoring
    Self-regulatory initiatives will contain a well-designed monitoring system, with clearly identified responsibilities for industry and independent inspectors. The Commission services, together with the parties to the self-regulatory initiative, will be invited to monitor the achievement of the objectives. The plan for monitoring and reporting will be detailed, transparent and objective. The Commission services, assisted by the Committee referred to in Article 19(1), consider whether the objectives of the voluntary agreement or other self-regulatory measures have been met.
    Type of Enforcement
    Faming, shaming and blamingJudicial sanctionsMembership suspension/exclusionPrivate finesOther
    Private Regulator
    Private independent party with a mandate (e.g. auditors)
    Court system
    Alternative dispute resolution (ADR) / Online dispute resolution (ODR)
    Succinct description of the type of Enforcement
    -

    Results of Commission Monitoring

    Link / Reference of Evaluation
    -