Empowerments to adopt delegated acts
1. The Commission is empowered to adopt delegated acts in accordance with Article 72 to supplement this Regulation by setting ecodesign requirements. Those delegated acts shall include at least the elements listed in Article 8. Such ecodesign requirements shall be set in accordance with Articles 5, 6 and 7 and Chapter III.
2. The empowerment referred to in paragraph 1 shall include the possibility of establishing that no performance requirements, no information requirements or neither performance nor information requirements are to be set for certain product parameters referred to in Annex I where a requirement related to those specific product parameters would have a negative impact on the ecodesign requirements considered for the product group concerned.
3. The empowerment referred to in paragraph 1 shall not include the possibility of adopting a delegated act that establishes that no ecodesign requirements are necessary for a product group.
4. In the delegated acts adopted pursuant to paragraph 1, the Commission shall provide economic operators with sufficient time to comply with the ecodesign requirements laid down in those delegated acts, particularly taking into consideration the needs of SMEs, in particular microenterprises. The date of application of a delegated act shall not be earlier than 18 months from its entry into force, except in duly justified cases for the whole act or for some specific requirements, or except in cases of partial repeal or amendment of delegated acts, where an earlier date of application may be set.
5. In the delegated acts referred to in paragraph 1 of this Article, the Commission shall supplement this Regulation by specifying the applicable conformity assessment procedures from either module A set out in Annex IV to this Regulation or one of the modules B to H1 set out in Annex II to Decision No 768/2008/EC, with the adaptations necessary in view of the product or ecodesign requirements concerned, in accordance with Article 43 of this Regulation.
Where different conformity assessment modules in Annex II to Decision 768/2008/EC are to be used pursuant to other Union law for the same product, the module provided for in the delegated acts referred to in paragraph 1 shall be used for the ecodesign requirement concerned.
When this Regulation, where appropriate, applies to a product group in a manner complementary to a Regulation of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products (the ‘construction products Regulation’), the delegated act adopted pursuant to paragraph 1 shall specify the conformity assessment procedure, including, where appropriate, any systems provided for pursuant to a measure under the construction products Regulation, taking into account the characteristics of the product group, the relevant ecodesign requirements and the cost for economic operators.
6. The delegated acts adopted pursuant to paragraph 1 may, as appropriate in view of the specificities of the product group, include any of the following additional requirements:
(a)
where necessary for effective market surveillance:
(i)
that manufacturers, their authorised representatives or importers keep the technical documentation and the EU declaration of conformity for a period other than the 10 years referred to in Article 27(3), Article 28(2), point (a), or Article 29(7), as applicable, after the relevant product has been placed on the market or put into service taking into account the nature of the product or ecodesign requirements concerned;
(ii)
that economic operators provide, upon request, market surveillance authorities with the information set out in Article 36(2), second subparagraph, for a period other than 10 years referred to therein after the relevant product has been supplied;
(iii)
that manufacturers, their authorised representatives or importers make parts of the technical documentation related to the relevant product digitally available to the Commission or market surveillance authorities without a request being necessary, in accordance with Article 36(3);
(iv)
that supply chain actors comply with the obligations listed in Article 38.
(b)
that manufacturers, their authorised representatives or importers make available to the Commission information on the quantities of a product covered by the delegated acts referred to in paragraph 1 of this Article placed on the market or put into service, in accordance with Article 37(1);
(c)
where necessary in order to ensure energy-efficient usage of products or to develop future ecodesign requirements:
(i)
that products be able to measure the energy they consume or their performance in relation to other relevant product parameters referred to in Annex I while in use, in accordance with Article 37(2);
(ii)
that manufacturers, their authorised representatives or importers collect non-personal in-use data referred to in point (i) and report to the Commission in accordance with Article 37(4);
(iii)
that digital tools be used to calculate the performance of a product in relation to a product parameter referred to in Annex I, in accordance with Article 39(2);
(d)
in order to ensure transparency about conformity with ecodesign requirements, rules on markings indicating conformity with ecodesign requirements, for products not subject to the requirement to affix the CE marking before being placed on the market or put into service, in accordance with Article 47.
7. The first delegated act to be adopted under this Article shall not enter into force before 19 July 2025.
Ecodesign requirements
1. In order to address environmental impacts and based on the product parameters referred to in Annex I, the ecodesign requirements in the delegated acts adopted pursuant to Article 4 shall be such as to improve the following product aspects (‘product aspects’) where those product aspects are relevant to the product group concerned:
(a)
durability;
(b)
reliability;
(c)
reusability;
(d)
upgradability;
(e)
repairability;
(f)
the possibility of maintenance and refurbishment;
(g)
the presence of substances of concern;
(h)
energy use and energy efficiency;
(i)
water use and water efficiency;
(j)
resource use and resource efficiency;
(k)
recycled content;
(l)
the possibility of remanufacturing;
(m)
recyclability;
(n)
the possibility of the recovery of materials;
(o)
environmental impacts, including carbon footprint and environmental footprint;
(p)
expected generation of waste.
2. Ecodesign requirements shall, where relevant, ensure based on the product parameters referred to in Annex I that products do not become prematurely obsolete, for reasons that include design choices by manufacturers, the use of components which are significantly less robust than other components, the impeded disassembly of key components, unavailable repair information or spare parts, software that no longer works once an operating system is updated or software updates that are not provided.
3. The Commission shall select or develop tools or methodologies, as necessary, for the setting of ecodesign requirements.
4. Ecodesign requirements shall be set for a specific product group. They may be differentiated for any specific product that belongs to that specific product group.
5. Products whose sole purpose is to serve defence or national security shall be excluded from product groups.
6. The Commission may set ecodesign requirements also for those product groups or product aspects that have not been included in the working plan referred to in Article 18.
7. Where two or more product groups display one or more similarities allowing a product aspect to be effectively improved based on common information requirements or performance requirements, horizontal ecodesign requirements may be set for those product groups (‘horizontal ecodesign requirements’). When considering whether to set horizontal ecodesign requirements, the Commission shall also take into account the positive effects of those requirements towards reaching the objectives of this Regulation, in particular the ability to cover a wide range of product groups in the same delegated act. The Commission may supplement the horizontal ecodesign requirements through the setting of ecodesign requirements for a specific product group.
8. An ecodesign requirement may cover products falling within the scope of a self-regulation measure included in the list contained in the implementing act adopted pursuant to Article 21(3), in the event that the self-regulation measure does not address the product aspects covered by that ecodesign requirement.
9. Ecodesign requirements shall include, as appropriate to improve the specific product aspects, either or both of the following:
(a)
performance requirements as set out in Article 6;
(b)
information requirements as set out in Article 7.
10. When preparing ecodesign requirements, the Commission shall ensure consistency with other Union law and shall:
(a)
take into account:
(i)
Union priorities for the climate, the environment, energy efficiency, resource efficiency and security, including a non-toxic circular economy, and other related Union priorities and targets;
(ii)
relevant Union law, including the extent to which it addresses the relevant product aspects;
(iii)
relevant international agreements;
(iv)
self-regulation measures;
(v)
relevant national environmental law;
(vi)
relevant European and international standards;
(b)
carry out an impact assessment based on best available evidence and analyses, and where appropriate on additional studies and research results produced under Union funding programmes. The setting of ecodesign requirements concerning certain of the product aspects shall not be unduly delayed by uncertainties regarding the possibility of setting ecodesign requirements to improve other product aspects of that product. In the impact assessment, the Commission shall:
(i)
indicate the methodology used;
(ii)
ensure that all product aspects are analysed and that the depth of analysis of the product aspects is proportionate to their significance for the product concerned;
(iii)
ensure that interdependencies between the different product aspects are analysed;
(iv)
set out the changes expected in terms of environmental impacts, including quantified as a carbon footprint and an environmental footprint whenever possible;
(v)
analyse the availability of feedstock for the refurbishment sector, where appropriate;
(vi)
analyse any relevant impacts on human health;
(vii)
consider the minimum level of performance of a product or a product group needed to achieve in the future the Union’s priorities as listed in point (a)(i);
(c)
take into consideration relevant technical information used as a basis for or derived from Union law or instruments, including Regulation (EC) No 66/2010, Directive 2010/75/EU, technical screening criteria adopted pursuant to Regulation (EU) 2020/852 and EU green public procurement criteria;
(d)
take into consideration the protection of confidential business information;
(e)
take into account the views expressed by the Ecodesign Forum referred to in Article 19 and the Member States Expert Group referred to in Article 20.
11. Ecodesign requirements shall meet the following criteria:
(a)
there shall be no significant negative impact on the functionality of the product, from the perspective of the user;
(b)
there shall be no adverse effect on the health and safety of persons;
(c)
there shall be no significant negative impact on consumers in terms of the affordability of relevant products, also taking into account access to second-hand products, durability and the life cycle cost of products;
(d)
there shall be no disproportionate negative impact on the competitiveness of economic operators and other actors in the value chain, including SMEs, in particular microenterprises;
(e)
there shall be no proprietary technology imposed on manufacturers or other actors in the value chain;
(f)
there shall be no disproportionate administrative burden on manufacturers or other actors in the value chain, including SMEs, in particular microenterprises.
12. Ecodesign requirements shall be verifiable. The Commission shall identify appropriate means of verification for specific ecodesign requirements, including direct checks of the product or on the basis of the technical documentation.
13. The Commission shall publish relevant studies and analyses, including the impact assessments referred to in paragraph 10, point (b), used in the setting of ecodesign requirements.
14. For each product group concerned by ecodesign requirements, the Commission shall determine, where relevant, which substances fall under the definition in Article 2(27), point (d), taking into account, at least, whether:
(a)
based on standard technologies, the substances make the reuse, or recycling process more complicated, costly, environmentally impactful, or energy- or resource-demanding;
(b)
the substances impair the technical properties or functionalities, the usefulness or the value of the recycled material coming from the product or products manufactured from that recycled material;
(c)
the substances negatively impact aesthetic or olfactory properties of the recycled material.
Performance requirements
1. Products shall comply with performance requirements related to the product aspects, as laid down in the delegated acts adopted pursuant to Article 4.
2. The performance requirements shall be based on the relevant product parameters referred to in Annex I and shall, as appropriate, include either or both of the following:
(a)
minimum or maximum levels in relation to a specific product parameter or a combination thereof;
(b)
non-quantitative requirements that aim to improve performance in relation to one or more of such product parameters.
3. Performance requirements based on the product parameter referred to in Annex I, point (f), shall not restrict, for reasons relating primarily to chemical safety, the presence of substances in products.
However, the setting of performance requirements shall also, where appropriate, reduce significant risks to human health or the environment.
4. When setting performance requirements, the Commission shall follow the procedure set out in Annex II.
Information requirements
1. Products shall comply with information requirements related to the product aspects, as laid down in the delegated acts adopted pursuant to Article 4.
2. The information requirements shall:
(a)
include, as a minimum, requirements related to the digital product passport set out in Chapter III and requirements related to substances of concern set out in paragraph 5;
(b)
as appropriate, also require products to be accompanied by:
(i)
information on the performance of the product in relation to one or more of the product parameters referred to in Annex I, including a repairability score, a durability score, a carbon footprint or an environmental footprint;
(ii)
information for customers and other actors on how to install, use, maintain and repair the product, in order to minimise its impact on the environment and to ensure optimum durability, on how to install third-party operating systems where relevant, as well as on collection for refurbishment or remanufacture, and on how to return or handle the product at end-of-life;
(iii)
information for treatment facilities on disassembly, reuse, refurbishment, recycling, or disposal at end-of-life;
(iv)
other information that could influence sustainable product choices for customers and the way the product is handled by parties other than the manufacturer in order to facilitate appropriate use, value-retaining operations and correct treatment at end-of-life;
(c)
be clear, easily understandable and tailored to the particular characteristics of the product groups concerned and the intended recipients of the information.
An information requirement may be set for a specific product parameter irrespective of whether a performance requirement is set for that specific product parameter.
Where a delegated act contains horizontal ecodesign requirements, point (a) of this paragraph shall not apply.
3. Information requirements based on the product parameter set out in Annex I, point (f), shall not concern the labelling of substances or mixtures for reasons relating primarily to their hazards to health or the environment.
4. When setting the information requirements referred to in paragraph 2, point (b)(i), the Commission shall, where appropriate in view of the specificity of the product group, determine classes of performance.
The Commission may base the classes of performance on single parameters or on aggregated scores. Such classes of performance may be expressed in absolute terms or in any other form that enables potential customers to choose the best performing products.
Those classes of performance shall correspond to significant improvements in performance levels.
Where classes of performance are based on parameters in relation to which performance requirements are set, the lowest class shall correspond to the minimum performance required at the time when the classes of performance start to apply.
5. Unless otherwise provided for under paragraph 6, point (b), the information requirements shall make it possible to track the substances of concern, throughout the life cycle of the products concerned, unless such tracking is already possible pursuant to information requirements laid down in another delegated act adopted pursuant to Article 4 covering the products concerned, and shall include at least the following:
(a)
the name or numerical code of the substances of concern present in the product, as follows:
(i)
name in the International Union of Pure and Applied Chemistry (IUPAC) nomenclature, or another international name when IUPAC name is not available;
(ii)
other names, including usual name, trade name, abbreviation;
(iii)
European Community (EC) number, as indicated in the European Inventory of Existing Commercial Chemical Substances (EINECS), the European List of Notified Chemical Substances (ELINCS) or the No Longer Polymer (NLP) list or the number assigned by the European Chemicals Agency (ECHA), if available and appropriate;
(iv)
the Chemical Abstract Service (CAS) name and number, if available;
(b)
the location of the substances of concern within the product;
(c)
the concentration, maximum concentration or concentration range of the substances of concern, at the level of the product, its relevant components, or spare parts;
(d)
relevant instructions for the safe use of the product;
(e)
information relevant for disassembly, preparation for reuse, reuse, recycling and the environmentally sound management of the product at end-of-life.
The Commission may, where appropriate for the product group concerned, set thresholds for when the information requirement regarding substances of concern is to apply.
6. Where the Commission sets out information requirements in a delegated act adopted pursuant to Article 4, it shall, where relevant:
(a)
lay down dates of application of such information requirements referred to in the first subparagraph of paragraph 5, differentiating between substances of concern where necessary;
(b)
provide duly justified exemptions for substances of concern or information elements from such information requirements referred to in the first subparagraph of paragraph 5, based on the technical feasibility or relevance of tracking substances of concern, the existence of analytical methods to detect and quantify them, the need to protect confidential business information or in other duly justified cases; substances of concern within the meaning of Article 2(27), point (a), shall not be exempted if they are present in products, their relevant components or spare parts in a concentration above 0,1 % weight by weight; and
(c)
ensure consistency with existing information requirements under Union law and minimise the administrative burden, including through appropriate technical solutions.
7. Information requirements shall indicate the manner in which the required information is to be made available. Where a digital product passport is available, the required information shall be provided therein and shall, where necessary, also be provided in one or more of the following forms:
(a)
on the product itself;
(b)
on the product’s packaging;
(c)
on a label referred to in Article 16;
(d)
in a user manual or other documentation accompanying the product;
(e)
on a free access website or application.
Information that makes it possible to track substances of concern pursuant to paragraph 5 shall be given either on the product or be accessible through a data carrier included on the product.
8. The information to be supplied pursuant to information requirements shall be provided in a language which can be easily understood by customers, as determined by the Member State on whose market the product is to be made available or in which it is to be put into service.
Content of the delegated acts
The delegated acts adopted pursuant to Article 4 shall specify at least the following elements:
(a)
the definition of the product group or groups covered, including the list of commodity codes as set out in Annex I to Council Regulation (EEC) No 2658/87 ( 60 ) and product descriptions;
(b)
the ecodesign requirements for the product groups covered;
(c)
where relevant, the product parameters referred to in Annex I for which the Commission states that no ecodesign requirements are necessary, pursuant to Article 4;
(d)
the test, measurement or calculation standards or methods to be used pursuant to Article 39(1);
(e)
where relevant, requirements for the use of digital tools pursuant to Article 39(2);
(f)
where relevant, the transitional methods, the harmonised standards or parts thereof the references of which have been published in the Official Journal of the European Union , or the common specifications to be used;
(g)
the format, manner and order in which the information necessary for the verification of compliance is to be made available;
(h)
the conformity assessment module to be used pursuant to Article 4(5); where the module to be applied is different from the module set out in Annex IV, the factors leading to the choice of that module;
(i)
the requirements concerning information to be provided by manufacturers, including on the elements of the technical documentation that are necessary to enable the verification of compliance of the product with the ecodesign requirements;
(j)
where relevant, any additional information requirements under Articles 36 and 37;
(k)
the duration of the transitional period during which Member States are to permit the placing on the market or putting into service of products which comply with the national measures in force in their territory on the date of entry into force of the delegated act adopted pursuant to Article 4;
(l)
the date for the review of the delegated act adopted pursuant to Article 4, taking into consideration, among other aspects:
(i)
the characteristics of the product group and its market;
(ii)
the need to adapt the requirements to make products more sustainable;
(iii)
Union policy objectives;
(iv)
technical progress; and
(v)
availability of methods.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
