Key Benefits:
187. Regulation of the Federal Minister for Economic Affairs, Family and Youth with which the Ecodesign Regulation 2007 will be amended
Because of
| 1. |
§ § 2, 8 (2) and (4) of the Electrotechnic Act 1992-ETG 1992, BGBl. No. 106/1993, in the version of the Federal Law BGBl. I No 136/2001, and |
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| 2. |
§ § 69 (1) and (71) of the 1994 Commercial Code, Federal Law Gazette (BGBl). N ° 194, as last amended by the Federal Law BGBl. I No 111/2010, and |
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| 3. |
§ 32 of the Federal Act against the Unfair Competition 1984-UWG, BGBl. No 448, as last amended by the Federal Law BGBl. I No 79/2007, |
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Is prescribed:
The Ecodesign Regulation 2007-ODV 2007, BGBl. II No 126/2007, shall be amended as follows:
1. In the title of the regulation as well as in § 1 para. 1, the word order shall be "energy-using products" or their respective grammatical form by means of the word sequence "Energy-related products" in their respective grammatical form.
2. In the table of contents, the name of § 5 "CE marking, EC declaration of conformity" and those of § 15 "implementing measures".
3. § 1 para. 2 reads:
"(2) The provisions of this Regulation shall be supplemented by the provisions of Article 2 (30) of this Regulation and shall be applied exclusively in cooperation with the said legislation."
4. § 2 Z 1 reads:
| " 1. |
"energy-related product"-referred to as "product" in short-an item whose use affects the consumption of energy in any way and which is placed on the market and/or put into service, including parts which: for installation in an energy-related product falling within the scope of this Regulation, as a single part for end-users, are placed on the market and/or put into service and can be tested separately for their environmental compatibility; " |
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5. In § 2 Z 2 to 6, 8 to 14, 20 to 22, 24 to 26 and 29, § 3 para. 1 and 2, § 4 Z 1, § 5 para. 1, 4 and 5, § 6 para. 1 and 3, § 7 para. 1, 2, 4 and 5, § 8 para. 1 and 3 to 6, § 9 para. 1 to 4, § 11, § 14, § 15 para. 3, as well as in Annex I first paragraph, Heading to Part 1, Part 1, Z 1.1 lit. f and part 3 Z 1, and in Annex II, first and second paragraph, and Z 2, the word sequence shall be: "energy-using products" or whose grammatical form is given by the word "Products" in the respective grammatical form, if necessary with the addition of the corresponding preposition.
6. § 2 Z 3 reads:
| " 3. |
"implementing measures" on the basis of Directive 2009 /125/EC establishing a framework for the setting of ecodesign requirements for energy-related products adopted measures laying down the measures adopted in accordance with eco-design requirements for specific products or on certain environmental aspects; " |
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7. In § 2 Z 28, the word order shall be " ChemG 1996, BGBl. I No 53/1997 " through the phrase " ChemG 1996, BGBl. I No 53/1997, as amended, ' replaced.
8. In § 2 Z 29, § 7 (4) and (8) as well as in § 10 (1) and (2), the phrase "Economy and Work" through the phrase "Economy, Family and Youth" replaced.
9. In § 2 Z 29, a semicolon is placed at the end of the point.
(10) § 2 shall be added to the following Z 30:
| " 30. |
"supplementary legislation" means additional and specific provisions for certain types of products in an immediately applicable implementing measure of the European Union or one for the implementation of an implementing measure of the European Union Union adopted national legislation. " |
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11. In § 4 Z 1 the word "or" through the word combination "and/or" replaced .
12. In § 4 Z 2, the title to § 5 and in § 5 (1) the word "Declaration of Conformity" through the word combination "EC declaration of conformity" replaced.
13. § 5 (3) reads:
" (3) The EC declaration of conformity shall be the one in Annex VI shall refer and refer to the relevant implementing measure. "
14. In Section 6 (3), the phrase "if conformity is established" through the phrase "if they comply with the provisions of this Regulation" replaced.
15. In Section 8 (2), the name shall be: "Annex V" by the name "Annex IV" and the name "Annex VI" by the name "Annex V" replaced.
16. In § 8 para. 3, second sentence, the word "Review" by the word "Rating" replaced.
17. In Section 8 (4), the phrase "from a supplementary regulation" through the phrase "from a supplementary piece of legislation", the designation "Annex VI" by the name "Annex V" and the phrase " Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 on the voluntary participation of organisations in a Community scheme for the environmental management system and audit (EMAS), OJ L 145, 31.3.2001, p. No. OJ L of 24.04.2001 p. 1 " through the phrase " Regulation (EC) No 1221/2009 on the voluntary participation of organisations in a Community scheme for the environmental management system and audit and repealing Regulation (EC) No 761/2001, as well as the decisions of the Commission 2001 /681/EC and 2006 /193/EC ' replaced.
18. In Section 8 (5), the name shall be: "Annex VI" by the name "Annex V" replaced.
19. In § 9 para. 4, first sentence, the word order shall be "within the meaning of Regulation (EC) No 1980/2000" through the phrase "within the meaning of Regulation (EC) No 66/2010 on the EU Ecolabel", the phrase "the procedure referred to in Article 19 (2) of Directive 2005 /32/EC" through the phrase "the regulatory procedure referred to in Article 19 (2) of Directive 2009 /125/EC" replaced.
20. In Section 12 (2) and Section 18 (2), the word order shall be "Directive 2005 /32/EC" through the phrase "Directive 2009 /125/EC" replaced.
21. In § 14 Z 2, the word "Regulations" by the word "Legislation" replaced.
22. The heading to § 15 reads:
" Implementing measures "
23. § 15 (1) reads:
" (1) Implementing measures adopted by the European Commission within the meaning of Directive 2009 /125/EC shall be applied as complementary legislation to this Regulation, together with this Regulation, which lays down those additional provisions, which are not covered by the supplementary legislation. "
Section 15 (4) is deleted.
25. Annex IV shall be renamed to Appendix VI and shall be given the title "EC declaration of conformity (pursuant to § 5 (3))" .
26. Annex V is renamed to Appendix IV.
27. In Annex IV, Z 2 lit. a not the word "Energy-powered" .
28. Annex VI is renamed to Appendix V and reads as follows:
" Annex V
Management system for conformity assessment (according to § 8)
| 1. |
This Appendix describes the procedure by which the manufacturer who meets the obligations referred to in Z 2 ensures and declares that a product meets the requirements of the relevant supplementary legislation in force. The declaration of conformity may be issued for a product or several products and must be kept by the manufacturer. |
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| 2. |
A management system may be used for the assessment of the conformity of the product, provided that the manufacturer includes the environmental components described in Z 3. |
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| 3. |
Environmental components of the management system |
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| This paragraph describes the components of a management system and the procedures by which the manufacturer can demonstrate that the product meets the requirements of the respective supplementary legislation in force. |
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| 3.1. |
Environment-oriented product policy |
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| The manufacturer must be able to demonstrate that the requirements of the relevant supplementary legislation are met. Furthermore, in order to improve the environmental performance of the products, the manufacturer must be able to provide a framework for the setting of environmental objectives and indicators and the review of the environmental impact indicators. All the measures taken by the manufacturer in order to improve the overall environmental performance by product design and design of the manufacturing process and to identify the environmental profile (provided that the supplementary legislation prescries this (, must be structured and documented in writing in the form of procedures and instructions. These procedures and instructions shall, in particular, provide a sufficiently detailed description of the following in the documentation: |
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| a) |
the list of documents to be drawn up to demonstrate the conformity of the product and, where appropriate, to be provided; |
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| b) |
the environmental objectives and indicators, as well as the organisational structure, the distribution of responsibilities and the powers of the management and the allocation of resources with regard to the fulfilment and maintenance of these objectives and indicators; |
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| c) |
the tests of the product to be carried out after production, in accordance with the environmental requirements; |
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| d) |
the procedures for checking the documentation required and for ensuring that it is regularly updated; |
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| e) |
the procedure used to verify the inclusion and effectiveness of the environmental components of the management system. |
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| 3.2. |
Planning |
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| The manufacturer shall draw up and update the following: |
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| a) |
Procedures for determining the ecological profile of the product, |
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| b) |
environmental impact objectives and indicators to be taken into account in the choice of technical solutions, in addition to technical and economic requirements; |
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| c) |
a programme to achieve these objectives. |
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| 3.3. |
Implementation and documentation |
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| 3.3.1. |
The documents relating to the management system shall include, in particular, information on the following aspects: |
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| a) |
Responsibilities and powers must be defined and documented in order to ensure that the environment-oriented product policy can be effectively implemented in order to ensure that its implementation is recorded in writing and that controls and improvement measures are possible. . |
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| b) |
The methods of design control and post-production testing, as well as the procedures and systematic measures used in product design, must be recorded in writing. |
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| c) |
The manufacturer shall draw up and update documents describing the essential environmental components of the management system and the procedures for checking all the required documents. |
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| 3.3.2. |
The documents relating to the product shall contain, in particular, information on the following aspects: |
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| a) |
a general description of the product and the use for which it is intended; |
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| b) |
the results of the analysis carried out by the manufacturer of the environmental impact and/or references to relevant literature or case studies to which the manufacturer has supported himself in the evaluation, documentation and design of the product; |
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| c) |
the ecological profile, provided that the supplementary legislation is required; |
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| d) |
the results of the measurements to check the conformity of the product with the ecodesign requirements, including information on the conformity of these measurements in relation to the ecodesign requirements of the relevant supplementary regulation; |
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| e) |
Specifications of the manufacturer, specifying in particular the harmonised standards applied; shall not apply harmonised standards in accordance with § 10, or carry the harmonised standards to the requirements of the supplementary regulation , shall be set out to determine the means by which the fulfilment of the requirements will be ensured; |
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| f) |
the information to be made in accordance with Annex I, part 2, on the design characteristics of the product which are relevant to the environment. |
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| 3.4. |
Checks and depositions of defects |
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| 3.4.1. |
The manufacturer shall: |
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take all necessary measures to ensure that the product is produced in accordance with the design specifications and the requirements of the supplementary regulation applicable to the product; |
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| b) |
-develop and maintain procedures to respond to non-compliance and to change the documented procedures following the deposition of the deficiencies; and |
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| c) |
carry out a comprehensive internal audit (audit) of the management system with respect to its environmental components at least every three years. " |
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29. Annex VII is:
" Annex VII
Content of the implementing measures (pursuant to § 15)
In particular, an implementing measure shall specify:
| 1. |
the precise definition of the product type (s) it covers; |
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| 2. |
the ecodesign requirement (s) to the product (s) covered by it (s), the date of entry into force, any stage or transitional arrangements or freezes; |
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| a) |
in the case of general ecodesign requirements, the relevant phases and individual aspects under which, in accordance with Annex I, points 1.1 and 1.2, together with examples of parameters from the list set out in Annex I, point 1.3, as a guide for the evaluation of the improvements in relation to the environmental aspects laid down; |
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| b) |
in the case of specific ecodesign requirements, their level; |
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| 3. |
the ecodesign parameters referred to in Annex I, Part 1, for which no ecodesign requirement is required; |
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| 4. |
the requirements for the installation of the product, if it has a direct impact on its environmental compatibility; |
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| 5. |
the measurement standards and/or measurement procedures to be applied; where available, harmonized standards whose references are published in the Official Journal of the European Union shall apply; |
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| 6. |
Information on conformity assessment in accordance with Decision No 768 /2008/EC on a common framework for the marketing of products and repealing Decision 93 /465/EEC, |
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| a) |
if a module other than module A is to be applied: the reasons for the choice of that particular procedure, |
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| b) |
where appropriate, the criteria for the authorisation and/or certification of third parties; |
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| where different modules are laid down in different Union rules for the same product, the module defined in the implementing measure for the relevant requirement shall be applied; |
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| 7. |
the information to be provided by the manufacturer, including the details of the technical documentation necessary to facilitate the examination of the conformity of the products with the implementing measure; |
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| 8. |
the length of the transitional period during which the Member States must authorise the placing on the market and/or putting into service of the products which, at the date of adoption of the implementing measure, comply with the rules in force in their territory in accordance with |
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| 9. |
the date for the evaluation and the possible modification of the implementing measure, taking into account the speed of technical progress. " |
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30. The heading of Annex VIII is:
" Self-regulation (according to § 16) "
31. Annex VIII Z 8 reads:
" 8. Sustainability
Self-regulatory initiatives shall take into account the political objectives of Directive 2009 /125/EC, including the integrated approach, and shall be in line with the economic and social aspects of sustainable development. The concerns of consumers, such as health and quality of life and economic concerns, must be respected. "
32. Annex VIII Z 9 reads:
" 9. Compatibility of incentives
Self-regulatory initiatives are not intended to produce the expected results if other factors and incentives-market pressures, taxation and national law-are contradictory to those involved in the self-regulatory initiative. Send signals. Political consistency is crucial in this regard and must be taken into account in assessing the effectiveness of the initiative. "
Mitterlehner
