EU ecodesign directive

Position

EU ecodesign directive: resource efficiency criteria must be marketcompatible and free of contradictions!

Federation of German Industries e.V.

Date: 07.11.2017

EU ecodesign directive

Summary

In its 2 December 2015 action plan on the circular economy (Closing the loop – an EU action plan for the circular economy, 2015/614/EC), the European Commission stipulated that the resource efficiency criteria should be taken more strongly into consideration than hitherto in the further implementation of ecodesign directive 2009/125/EC. This requirement was given concrete expression in the European Commission’s ecodesign working plan 2016-2019 (2016/773/EC) published on 30 November 2016. This covers all product groups for which implementing regulations are to be newly developed in the future, including “building automation and control systems”, electric kettles”, “hand dryers” and “lifts”. But it also applies for product groups for which implementing regulations are being prepared on the basis of earlier working plans such as “computers and computer servers”. Lastly, the working plan also sets its sights on implementing regulations which are already in force but which are due for review including “televisions and electronic displays”.

Furthermore, it will be examined whether the resource efficiency potential justifies inclusion of mobile/smart phones, gateways (home network equipment) and base stations for mobile telephony in the working plan.

Federation of German Industries Member Association of BUSINESSEUROPE

Address Breite Straße 29 10178 Berlin Postal Address 11053 Berlin Germany Contact Franz-Josef von Kempis T: +493020281509 F: +493020282509 Internet www.bdi.eu E-Mail V.Kempis@bdi.eu

EU ecodesign directive

The European Commission sets out a range of characteristics as criteria for product-related resource efficiency in the ecodesign working plan 20162019. In the meantime, draft implementing regulations have been tabled for the product groups “servers” and “displays” which also comprise the corresponding criteria for resource efficiency.

Specific resource efficiency criteria in implementation of the ecodesign directive have already been addressed by the EU, for example in the framework of the implementing regulation for vacuum cleaners. To this end, the Commission adopted an implementing regulation without a basis of appropriate technical testing standards being available.

For product groups which fall within the scope of the ecodesign directive, it is not disputed that energy consumption in the use phase constitutes by far the most important environmental parameter identified for implementing measures. German industry is therefore critical of the inclusion of further environmental parameters in the ecodesign directive in relation to resource efficiency for political reasons.

For instance, it would be very difficult to lay down minimum requirements for the product lifetime. In particular for investment goods with a long service life produced to meet the requirements of individual customers in the B2B sphere, the product lifetime reflects intensity and purpose of use on a case-by-case basis. Hence, generally applicable assessment principles cannot come into play for, say, complex machines. It would be very difficult to answer questions about “trade-offs” and proportionality in a “neutral” way. This means that conflicts between objectives are preprogrammed. Furthermore, suitable testing methods for this are not available at this time. A virtually prohibitive effort in terms of time and financial cost can be expected in particular for product lifetime tests.

The already difficult market surveillance to ensure compliance with the requirements arising from the ecodesign directive would likely become even more unwieldy and, above all, more expensive. Other, softer criteria such as spare part availability for x years cannot be verified at the time of market introduction.

The call for recyclability of products (and materials), which should be a consideration as early as in the development phase, broadly points in the right direction. However, this aspect is very difficult to evaluate and should be subjected to a cost-benefit analysis. Requirements for recyclability only make sense if investments are made in corresponding recycling technologies and a return of the constituent materials or products into the resource circuit can be supported from other environmental standpoints, e.g. use of hazardous substances. To that end, it would also first have to be clearly defined whether recyclability is understood to mean suitability for processing in an existing process, a material characteristic and/or a product characteristic. This is discussed intensively in CEN/CLC TC 10 where the horizontal standards for determining material efficiency aspects in the ecodesign directive are addressed. www.bdi.eu

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EU ecodesign directive

In relation to the criterion of “reparability”, there must be no restrictions due to substance bans which stand in the way of this requirement. A total economic write-off could otherwise result when long-lived economic goods are repaired, serviced or maintained due to an absence of spare parts.

To enable “reparability” as wished, the basic principle of “repair as produced” should always apply in all provisions.

The call for labelling of hazardous substances is easy to understand but possible only on a selective basis at best, and its effectiveness tends to be questioned in practice. Labelling of plastic components to indicate the material used has been happening for years and makes material-specific collection possible by visual inspection without any further tools.

In addition, it should be borne in mind that further implementation of resource efficiency requirements will increasingly bring supply chains into focus. This can be seen clearly taking the example of machine tools in the working plan: manufacturers are required to be able to determine the presence and weight of critical raw materials in every incorporated component. But is must be ensured that this requirement can be met along the supply chain. Yet, it will scarcely be possible to avoid occasional overlaps with other statutory rules such as REACH (“registration, evaluation, authorisation and restriction of chemicals”), WEEE (“waste of electrical and electronic equipment”) and RoHS (“restriction of hazardous substances”).

The impact of the new requirements must be assessed just as thoroughly as is that of energy efficiency requirements. When the regulation for electronic displays was drawn up, the scope was extended to include industrial applications without any examination of the consequences.

As and when resource efficiency criteria are included in the further implementation of the ecodesign directive, industry therefore calls for the following principles to be applied: 1.

Development of further parameters within the ecodesign directive must not be to the detriment of the essential functionalities of the product in question.

2.

The resource efficiency parameters must be clearly relevant for environment and users.

3.

The resource efficiency parameters must be free of ecological contradictions and, where necessary, clearly address conflicts between objectives.

4.

The parameters must always be formulated in a technologyneutral way. Objectives should be set out instead of technologies being specified.

5.

Inconsistencies on important safety-relevant requirements on products must be avoided.

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EU ecodesign directive

6.

Double regulation or inconsistencies with existing instruments such as REACH, WEEE or RoHS must be ruled out.

7.

Products which are already covered in existing instruments pursuing the same objective as the ecodesign directive must be removed or kept out of the scope of the ecodesign directive.

8.

Cost and benefit of implementing resource efficiency parameters must be in proportion and there must be no obstacles to innovation for companies.

9.

The requirements must be considered from a product-specific angle.

10.

The parameters must be based on unambiguous definitions.

11.

As a rule, requirements for raw material efficiency have to be planned in at the design/construction phase of a product. Since appropriate solutions cannot usually be retrofitted into existing constructions, a transition period which enables manufacturers to develop and deploy suitable, product-specific solutions in cooperation with the supply chain is needed.

12.

It must be possible to verify and enforce the requirements through the market surveillance mechanisms.

13.

The impact of the new requirements must be assessed just as thoroughly as is that of energy efficiency requirements.

www.bdi.eu

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EU ecodesign directive

About BDI The Federation of German Industries (BDI) communicates German industries’ interests to the political authorities concerned. She offers strong support for companies in global competition. The BDI has access to a widespread network both within Germany and Europe, to all the important markets and to international organizations. The BDI accompanies the capturing of international markets politically. Also, she offers information and politico-economic guidance on all issues relevant to industries. The BDI is the leading organization of German industries and related service providers. She represents 36 inter-trade organizations and more than 100.000 companies with their approximately 8 million employees. Membership is optional. 15 federal representations are advocating industries’ interests on a regional level.

Imprint Federation of German Industries e.V. (BDI) Breite StraĂ&#x;e 29, 10178 Berlin, Germany www.bdi.eu T: +49 30 2028-0 Contact Franz-Josef von Kempis Referent Telefon: +49 (30) 20281509 v.kempis@bdi.eu BDI document number: D 0889

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