187. Regulation of the Federal Minister of economy, family and youth, the ecodesign regulation 2007 modifies the
On the basis of
1 of sections 2, 8 (2) and paragraph 4 of the engineering Act 1992 - ETG 1992, Federal Law Gazette No. 106/1993, as amended by Federal Law Gazette I no. 136/2001, and 2. §§ 69 (1) and 71 of the GewO 1994, BGBl. No. 194, as last amended by Federal Law Gazette I no. 111/2010, as well as 3 of § 32 of the Federal Act against unfair competition, 1984 - UWG , BGBl. No. 448, last amended by Federal Law Gazette I no. 79/2007, is prescribed:
The ecodesign regulation 2007 - ODV 2007, Federal Law Gazette II No. 126/2007, is amended as follows:
1. in the title of the regulation and in article 1, paragraph 1 the phrase "energy operated products" or their respective grammatical form is replaced by the phrase "energy-related products" in their respective grammatical form.
2. in the table of contents designation of § is 5 "CE marking, Declaration of conformity" and those of § 15 "Implementing measures".
3. paragraph 1 paragraph 2:
"(2) the provisions of this regulation will be supplemented by the Z section 2 30 defined legislation and are to be used exclusively in the interaction with these."
4. paragraph 2 No. 1:
"1."energy-related product"- known as"Product"may refer to a subject, the use of which influences the consumption of energy in any way and which is placed and/or put into operation, including parts intended to be incorporated in an energy-related product covered by this regulation are intended as item for end users in traffic are brought or taken into operation and separately on its environmental performance can be tested on the market -"
5. in section 2 Z 2 to 6, 8 to 14, 20-22, 24-26 and 29, § 3 para 1 and 2, § 4 Z 1, § 5, para. 1, 4 and 5, article 6, paragraph 1 and 3, article 7, paragraph 1, 2, 4 and 5, article 8, paragraph 1 and 3 to 6, § 9 para 1 to 4, article 11, § 14, § 15 ABS. 3 , as well as annex I, first paragraph, heading to part 1, part 1 Z 1.1 lit. their respective grammatical form, if necessary, replaced by the word "Products" in the respective grammatical form - with the addition of the related preposition - f and part 3 No. 1, and first in annex II and second paragraph, and no. 2 is the phrase "energy operated products".
6 paragraph 2 No. 3:
"3. 'Implementing measures' on the basis of Directive 2009/125/EC establishing a framework for the setting of requirements on the eco-design of energy-related products adopted measures laying down eco-design requirements for certain products or certain environmental aspects;"
7. in section 2 Z 28 is the phrase "ChemG 1996, BGBl. I no. 53/1997" by the phrase "ChemG 1996, Federal Law Gazette I no. 53/1997, in its up-to-date version," replaced.
8. in section 2 replaced Z 29, § 7 para 4 and 8 as well as in § 10 para 1 and 2 the phrase 'economy and labour"by the phrase"Economy, family and youth".
9. in paragraph a semicolon is placed at the end in place of the point 2 Z 29.
10 § 2 is added following Z 30:
"30"complementary legislation"additional and specific provisions for certain types of products in a directly applicable implementing measure of the European Union or of national law adopted pursuant to an implementing measure in the European Union."
11. in section 4 No. 1 is the word "or" by the phrase "and/or" replaced.
12. in section "Declaration of conformity" is replaced 4 Z 2, the heading of article 5 and in article 5, paragraph 1 by the word combination "Declaration of conformity".
13 paragraph 5 paragraph 3:
"(3) the EC declaration of conformity must contain the information specified in annex VI and refer to the appropriate implementing measure."
14. in article 6, paragraph 3 the phrase replaces "when the conformity is established" "if they comply with the provisions of this regulation" the phrase.
15. in section 8, paragraph 2, "Annex V" is replaced by the term the term "Annex V" by the term "Annex IV" and the term "Annex VI".
16. in article 8, paragraph 3, second sentence is replaced by the word "Review" the word "Test".
17. in article 8, paragraph 4 the phrase "of a supplementary regulation" is by the phrase "by a complementary legislation", the term "Annex VI" by the term "Annex V" and the phrase "Regulation (EC) No. 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community system for the environmental management and audit (scheme EMAS)" , OJ No. L by the 24.04.2001 S. 1 "by the phrase" Regulation (EC) No 1221/2009 on the voluntary participation by organisations in a Community system 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 article 8, par. 5, the term "Annex VI" is replaced by the designation "Annex V".
19. in article 9, paragraph 4, first sentence, is the phrase "within the meaning of Regulation (EC) No. 1980/2000" by the phrase "within the meaning of Regulation (EC) No 66/2010 about the EU eco-label", the phrase "in article 19 para 2 of Directive 2005/32/EC procedure" by the phrase "in article regulatory procedure referred 19 para 2 of Directive 2009/125/EC" replaced.
20. in article 12, paragraph 2 and in article 18, paragraph 2 the phrase "Directive 2005/32/EC" is replaced by the phrase 'Directive 2009/125/EC'.
21. in paragraph 14, Z 2 is replaced by the word "Legislation" the word "Regulations".
22. the heading to § 15 is as follows:
23 paragraph 15 paragraph 1:
"(1) implementing measures adopted by the European Commission within the meaning of Directive 2009/125/EC are than to apply additional legislation to this regulation together with this regulation that sets those additional terms and conditions that are not covered by the complementary legislation."
24 paragraph 4 deleted § 15.
25 Appendix IV VI is renamed plant and the title "EC declaration of conformity (according to § 5 ABS. 3)".
26 Appendix V is renamed annex IV.
27. in Appendix IV, no. 2 lit. a eliminates the word "EUP".
28 annex VI V is renamed plant and is:
Management system for assessing conformity (pursuant to § 8)
1. in this annex describes the procedure after the manufacturer, which comply with the obligations referred to in no. 2, ensures and declares that a product meets the requirements of the applicable Supplemental legislation. The Declaration of conformity can be issued for a product or multiple products and must be kept by the manufacturer.
2. for the assessment of conformity of the product, a management system can be used if the manufacturer includes the environmental components described in no. 3 in it.
3. environmental elements of the management system are the components of a management system under this section and the procedures with which the manufacturer can demonstrate that the product meets the requirements of the applicable Supplemental legislation.
3.1. environmental product policy of the manufacturer must be able to demonstrate that the requirements of the relevant supplementary legislation are met. In addition, the manufacturer to improve the environmental performance of products can provide a framework for the setting of environmental sustainability targets and indicators and their review. All measures affecting the manufacturer to improve the environmental overall through product design and manufacturing process and to determine the environmental profile (unless the supplemental legislation prescribes it (that must be structured and documented in writing in the form of procedures and instructions.)) These procedures and instructions must describe in sufficient detail in particular the following documentation: a) the list of documents that demonstrate of the conformity of the product are to create and, where appropriate, to provide;
(b) environmental product performance objectives and indicators and the organisational structure, the distribution of competences and the powers of the Executive Board and funding in relation to the implementation and maintenance of these objectives and indicators;
(c) the tests carried out after the production of the product in accordance with the environmental performance indicators;
(d) the procedures for controlling the required documentation and ensuring their regular update;
(e) the procedure examines the implementation and effectiveness of the environmental elements of the management system.
3.2. planning of the manufacturer has to draw up and update: a) methods for the determination of the ecological profile of the product, b) environmental product performance objectives and indicators, which are taken into account in the choice of technical solutions as well as technical and economic requirements, c) a programme to achieve these goals.
Implementation and documentation 3.3.1.
The documentation for the management system must include in particular information on the following aspects: a) responsibilities and powers are set, and to document, so the environmental product policy can be done effectively so that their implementation will be recorded in writing and thus controls and improvements are possible.
(b) the design control and verification methods are the production procedures coming in the product design to the application and systematic measures to put in writing.
(c) the manufacturer must prepare documents and update in which are described the main environmental elements of the management system and the procedures for controlling all documents required.
3.3.2. the documentation for the product must include in particular information on the following aspects: a) a general description of the product and the use for which it is intended;
(b) the results of the analysis carried out by the manufacturer of the environmental impact or references to relevant literature or case studies on which the manufacturer relied on the evaluation, documentation and design of the product;
(c) the ecological profile, provided that this requires the additional provision of law;
(d) the results of measurements on the examination of the conformity of the product with the eco-design requirements including details of the conformity of these measurements as compared with the ecodesign requirements of the applicable Supplemental regulation;
e) the manufacturer's specifications, which in particular is specified, which harmonised standards have been applied; no standards are applied according to § 10 or the harmonised standards do not fully take into account the requirements of additional regulation so must be stated, which means ensures compliance with the requirements;
f) Appendix I part 2 on advertising claims to the environmental design aspects of the product.
Examinations and secondment of defects
3.4.1. the manufacturer must a) take all necessary measures to ensure that the product in accordance with the specifications and the requirements of the additional regulation in force for the product is manufactured
"b) process work out and maintain, with which he responds to non-compliance and following the termination of the defects will change the documented procedures, and c) perform at least every three years a full internal audit (audit) of the management system with regard to its environmental elements."
29 Appendix VII is as follows:
Contents of the implementing measures (in accordance with § 15)
In an implementing measure in particular is set to:
1. the exact definition of type covered by
2. the ecodesign requirement to the product (s) covered, the date of the entry into force, staged or transitional measures or periods;
(a) in the case of generic ecodesign requirements the relevant phases and aspects under which according to annex I number 1.1 and 1.2, together with examples of parameters from the list in annex I point 1.3 as a guideline for the assessment of improvements in relation to the identified environmental aspects;
(b) in the case of specific ecodesign requirements whose height;
3. that in annex I part 1 referred to eco-design parameters for which no ecodesign requirement is necessary;
4. the requirements on installation of the product, if it has a direct influence on its environmental impact;
5. the applicable measurement standards and/or measurement methods; harmonised standards, the reference numbers of which are published, to apply, in the official journal of the European Union are subject to availability,
6 information on conformity assessment according to the decision No. 768/2008/EC on a common regulatory framework for the marketing of products, and repealing Decision 93/465/EEC, a) if another module as module A is applied: the reasons for the choice of this particular procedure, b), where appropriate, the criteria for approval and/or certification of third parties;
different modules are laid down in various Union rules for the same product the module defined in the implementing measure for the respective request shall apply;
7. the information that the manufacturer has to deliver, especially on the details of the technical documentation which are needed to facilitate the verification of the conformity of the product with the implementing measure;
8. the duration of the transitional period during which the Member States must permit the placing on the market and/or putting into service of products which comply with the rules applicable in their territory at the time of the adoption of the implementing measure;
9. the date for the review and possible modification of the implementing measure, taking into account the speed of technological progress."
30. the title of annex VIII reads:
"Self regulation (pursuant to § 16)".
31 Annex VIII is Z 8:
Self-regulatory initiatives take into account the policy objectives of the directive 2009/125/EC including the integrated approach and in line with the economic and social aspects of sustainable development. The interests of consumers, namely those of the health and quality of life and economic interests, are to uphold."
32. Annex VIII is no. 9:
"9 incentive compatibility
Self-regulatory initiatives are not likely to deliver the expected results if other factors and incentives - market pressure, taxes and national law - send contradictory signals to those involved in the self-regulatory initiative. Political consequence is of crucial importance in this respect and must be taken into account in assessing the effectiveness of the initiative."