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FAQ

Eco-Design

What do you mean by 'eco-design'?

Eco-design is an approach that takes account of environmental considerations not only at the manufacturing stage of a product but also throughout its entire life-cycle with the ultimate aim of minimising the potential for a product to impact adversely on the environment.

When does the Directive come into force?

The EuP Directive 2005/32/EC is a framework directive with the intention of setting out the minimum requirements for eco-design for energy using products. The Directive was transported into UK law under Statutory Instrument (SI 2007 No: 2037) which came into force the 11th of August 2007.

For specific implementation dates please click here

What is the precise purpose of the Directive and the Regulations?

They share the common purpose of attempting to improve the energy efficiency of energy using products which means, in principle, any product (with the exception of transport) which consumes energy. The overall objective is to reduce greenhouse gas emissions and products' adverse environmental impacts.

Particular emphasis is placed on the initial design and development stages of a product with a view to improving its energy efficiency throughout its entire life-cycle.

Apart from transport, which the Directive excludes, does the Directive apply to all energy using products?

No, it does not. Its scope is very wide-ranging, and additional product groups are actively being considered for regulation under the EuP regime. However, certain criteria must be met before a product can qualify for inclusion within a new implementing measure. Broadly, these are that a product (a) must have significant volumes of sales, that is, more than 200,000 units a year within the internal market; (b) have a significant environmental impact within the internal market; (c) present significant potential for improvement in environmental impact without incurring excessive costs. So, for the time being the implementing regulations apply to a relatively limited range of products.

What do the EuP Regulations 2007 actually do?

They do two things. They transpose the requirements of a 2005 Directive (205/32/EC) on the eco-design of energy using products. They also consolidate the provisions of three existing statutory instruments which implemented Directives adopted (in 1992, 1994 and 2000) prior to the 2005 Directive.

More specifically, the regulations establish a framework for the development of eco-design requirements for energy-consuming products, based upon the conditions and criteria set out in the Directive.

To what products do the EuP Regulations 2007 apply?

The three product groups previously covered by the statutory instruments already referred to, that is, hot water boilers, household refrigerators, freezers and their combinations and ballasts for fluorescent lighting.

Where do the various Commission Regulations fit into all of this?

These are the means by which the requirements of Directive 2005/32/EC are being implemented in relation to a number of additional product groups.

Does this regime not impose a burden on businesses?

The Directive (2005/32/EC) imposes no burdens whatsoever since it is only a Framework Directive which defines the conditions and criteria for setting, through subsequent implementing measures, requirements regarding environmentally relevant product characteristics, such as energy consumption.

What are the benefits to business?

The EUP regulatory regime creates a coherent European-wide framework within which manufacturers are encouraged to improve the environmental performance and impact of their products. Businesses therefore have the potential to improve their competitiveness as regards this important aspect of product design.

What are the benefits to the consumer?

Consumers should experience cost benefits from reduced energy consumption where they opt for the more energy efficient products whose production the EuP regime is deliberately designed to encourage. Rather less quantifiable are the environmental benefits to be derived from the use of more environmentally friendly appliances.

Do I need to comply if I produce less than 200,000 units?

Yes. For a product to be included within an existing or new energy related product implementing measure, the product must have a volume of sales that exceeds 200,000 units per year throughout the internal European market. This is an accumulative total and not one calculated on an individual producer basis.

For example, even if you only manufacture or import from a third country one unit of a product that is within the scope of this Directive such as a television it must comply with the eco-design requirements of that specific Implementing Measure.

How do I test my product for compliance

There are a range of professional consultancy services and test houses offering support to producers needing to comply. The Market Surveillance Authority remains independent of these services and does not endorse or recommend any specific services. However, a search using any popular search engine is likely to provide appropriate local services.

As the Enforcement Authority, the NMO does not offer any consultancy or testing services.

Placing on the Market

What does 'Placing On the Market' mean?

The term 'placing on the market' refers to a product that is placed on the Community market when it is made available for the first time. This is considered to take place when a product is transferred from the stage of manufacture with the intention of distribution or use on the Community market.

In the case of imported product; this is generally the point of the product has cleared boarder controls and is available for free movement within the EU (all duties paid). In the case of product manufactured in the EU; this is the point of entering the distribution chain and is usually considered to happen at the point of first physical movement (change of post code).

For more information please see the Blue Book, referring to page 18.

Can I continue to manufacture products within the scope of specific Implementing Measures that I was manufacturing prior to the coming into force dates without modification?

No, the EC's 'Guide to the implementation of directives based on the New Approach and the Global Approach' states that, "the concept of placing on the market refers to each individual product, not to a type of product, and whether it was manufactured as an individual unit or in series."

Can I stockpile non-compliant goods?

The EC's 'Guide to the implementation of directives based on the New Approach and the Global Approach' states that "placing on the market is considered not to take place where a product is in the stocks of the manufacturer…" Therefore it is our view that goods stockpiled in a manufacturer's warehouse are not yet on the market. However, imports of finished product that have cleared customs and are being held by the producer without any further process required are on the market as are goods elsewhere in the distribution chain.

National Measurement Office

What powers do the NMO have?

There are a suite of proportionate enforcement actions, with varied options for sanctions available to the enforcement team. Business may be given time to comply and alternatives to formal sanctions are considered on a risk basis.

Who are NMO and what role do you play with regards to eco-design?

The National Measurement Office (NMO) is an Executive Agency of the Department for Business, Innovation and Skills. We are the UK appointed Market Surveillance Authority responsible for enforcing the Energy Related Products, Energy Labelling, Restriction on the use of Hazardous Substances and Batteries and Accumulators (Placing on the Market) Directives.

For more information on NMO please click here

How is the market surveillance authority work being carried out?

We are working alongside Defra to ensure successful market compliance is achieved. Our mixed model enforcement package includes product testing, industry support and business guidance.

Where can I direct press questions?

All press questions should be made via our published enquiry routes. Please note that press questions will be acknowledged within one working day.

Other

Can you comment on issues outside of the UK?

No. The National Measurement Office is the appointed Market Surveillance Authority responsible for enforcing the RoHS, Batteries and Accumulators (placing on the market), Energy Labelling Framework and Energy Related Products Regulations within in the UK only. Therefore we are unable to comment on legislative obligations outside of these Regulations or outside of the UK. If you require such assistance we suggest that you contact an appropriate representative within your own country.

Can you tell about future changes to existing legislation?

While we cannot comment or speculate on proposed legislative changes regular updates are made to our news and links section.

Do you sell spare parts or carry out repairs?

NMO is the Market Surveillance Authority responsible for enforcing the EuP Regulations in the UK. We do not have any connection with the manufacture, supply or distribution of goods.

Why isn't your website working?

Thank you for contacting us about the fault, our website undergoes regular maintenance to insure information is kept accurate and up to date and delays may be experienced.

Why haven't you replied to my enquiry?

Due to the volume of enquiries we receive please allow for 7-10 working days for an enquiry to be answered. This time frame allows us to compile accurate and detailed information to help us answer your enquiry fully. You may leave your enquiries via our website or by telephone on 020 8943 7227. We do not take direct calls, but do have a message service.