126. Regulation of the Federal Minister for Economic Affairs and Labour to establish a framework for the setting of ecodesign requirements for energy-using products (Ecodesign Regulation 2007-ODV 2007)

Because of

1.		§ § 2, 8 (2) and 8 (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
2.		§ § 69 (1) and (71) of the 1994 Commercial Code, Federal Law Gazette (BGBl). No. 194 (WV), as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 161/2006, and
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 106/2006,

Is prescribed:

table of contents

§ 1. Purpose and aim

§ 2. Definitions

§ 3. Placing on the market

§ 4. Obligations of the importer

§ 5. Marking, declaration of conformity

§ 6. Free movement

§ 7. Safeguard clause

§ 8. Conformity assessment

§ 9. Presumption of conformity

§ 10. Harmonized standards

§ 11. Components, assemblies

§ 12. Administrative cooperation, exchange of information

§ 13. Small and medium-sized enterprises

§ 14. Consumer information

§ 15. Implementing measures, supplementary legislation

§ 16. Self-regulation

§ 17. Confidentiality

§ 18. In-force pedals

Purpose and aim

§ 1. (1) This Regulation lays down ecodesign requirements for energy-using products, with the aim of ensuring the free movement of these products in the internal market.

(2) Additional and specific provisions which are not laid down in other legislation shall be adopted for certain types of products in regulations supplementing this Regulation. The legislation implementing the implementing measures referred to in Article 2 (3) (3) shall hereinafter be referred to as "supplementary legislation".

(3) This Regulation shall not apply to means of transport for the carriage of passengers or goods.

(4) The application of the legislation on waste management and chemicals, including the legislation on fluorinated greenhouse gases, shall not be affected by this Regulation.

Definitions

§ 2. For the purposes of this Regulation:

1.		"energy-using product"
a)			a product to which energy (in the form of electricity, fossil fuel, or energy from renewable energy sources) must be supplied after its placing on the market and/or putting into service so that it can function as intended, or
b)			a product for the production, transmission and measurement of such energy,
		, including parts to which energy must be supplied and which are intended for installation in an energy-powered product covered by this Regulation, as a single part for end-users placed on the market and/or put into service, and can be tested separately for their environmental impact;
2.		"Components and assemblies" means parts intended for installation in energy-using products, but which cannot be placed on the market and/or put into service as individual parts for end-users, or whose environmental compatibility is not separately verified can be used;
3.		"implementing measures" on the basis of Directive 2005 /32/EC establishing a framework for the setting of ecodesign requirements for energy-using products and amending Directive 92 /42/EEC and the Directives 96 /57/EC and 2000 /55/EC, OJ L 136, 31.5.1996, p No. 29, adopted measures laying down the ecodesign requirements for certain energy-using products or on certain environmental aspects;
4.		"placing on the market" means the provision, for the first time, of an EuP in Austria, another Member State of the European Union, another State Party of the European Economic Area, or a non-remunerated product, other equivalent State, where the distribution method is not relevant;
5.		"putting into service" means the first-time intended use of an EuP by an end-user in Austria, another Member State of the European Union, another Contracting State of the European Economic Area, or another equivalent state;
6.		"manufacturer" means a physical or legal person who manufactures energy-powered products and for the conformity of the EuP with this Regulation for the purpose of placing on the market and/or putting into service
a)			under the name or trade mark of the manufacturer, or
b)			for your own use
		is responsible. Where there is neither a manufacturer within the meaning of the first sentence nor an importer within the meaning of Z 8, any physical or legal person who places and/or enters into service EuP shall be deemed to be any physical or legal person who places energy-operated products on the market;
7.		"authorised representative" means a physical or legal person established in Austria, another Member State of the European Union, another State Party of the European Economic Area or any other equivalent State, of the European Union, the manufacturer has been instructed to comply fully or in part with the obligations and formalities connected with this Regulation in its name;
8.		"importer" means a physical or legal person established in Austria, another Member State of the European Union, another State Party of the European Economic Area or any other equivalent State, within the framework of: of their business activities a EuP originating in a third country in Austria, another Member State of the European Union, another Contracting State of the European Economic Area, or another equivalent Placing the State on the market;
9.		"materials" means any material used during the life cycle of an EuP;
10.		"product design" means the totality of the processes for the implementation of legal and technical requirements, of safety, function and market requirements or other requirements for an energy-powered product in its technical description;
11.		"environmental aspect" means a component or function, including a property, of an EuP; the component or function may interact with the environment during the life cycle of the product;
12.		"environmental impact" means a change in the environment which is wholly or partly attributable to an energy-driven product during its life cycle;
13.		"life cycle" means the totality of the successive and interlinked phases of existence of an EuP from the processing of the raw material to the disposal;
14.		"re-use" means a measure which once again uses an energy-powered product which has reached the end of its initial use for the same purpose for which it was originally intended, including the further use of a product, energy-powered products delivered to a collection point, a distributor, a recycling plant or a manufacturer, and the re-use of an energy-driven product after its work-up;
15.		"recycling" means the industrial reprocessing of waste materials for the original or any other purpose, but with the exception of energy recovery;
16.		"energetic recovery" means the use of waste for energy production by incineration alone or together with other waste and using the heat produced thereby;
17.		"recovery" means any of the waste provided for in Annex II B to Directive 2006 /12/EC on waste, OJ L 327, 31.12.2006 No. 9, the applicable procedures referred to in Article 9 (1);
18.		"waste" means a substance or object within the meaning of Annex I to Directive 2006 /12/EC, the owner of which is to be discharged, emptied or has to dispose of;
19.		"hazardous waste" means waste within the meaning of Article 1 (4) of Directive 91 /689/EEC on hazardous waste, OJ L 206, 22.7.1991, p. No. 20, as amended by Directive 94 /31/EC, OJ L 377, 31.12.1991, p. No. OJ L 168, 02.07.1994 p. 28;
20.		"ecological profile" means the description-according to the complementary piece of legislation relevant to the product-of an energy-driven product during its life cycle, important for its environmental impact, significant imports and charges (e.g. of materials, emissions and waste), expressed in measurable physical quantities;
21.		"environmental compatibility" means the result of the manufacturer ' s efforts in the technical documentation for the environmental aspects of an energy-driven product;
22.		"improvement of environmental impact" means the process of improving the environmental aspects of an EuP, although not necessarily all the environmental aspects at the same time, extending the process of several product generations;
23.		"eco-design" ("eco-design") consideration of environmental requirements in product design, with the aim of improving the environmental performance of the product throughout its life cycle;
24.		"ecodesign requirement" means a requirement for an energy-using product or its design intended to improve its environmental performance, or the requirement to provide information on the environmental aspects of the product;
25.		"general eco-design requirement" means an eco-design requirement that concerns the entire ecological profile of an EuP without limit values for a particular environmental aspect;
26.		"specific ecodesign requirement" means an ecodesign requirement in the form of a measurable quantity for a specific environmental aspect of an energy-driven product, such as energy consumption during operation at a given output;
27.		"harmonised standard" means a technical specification adopted by a recognised standardisation body on behalf of the Commission of the European Communities and in accordance with the procedure laid down in Directive 98 /34/EC laying down a procedure for the provision of information in the field of standards; and technical rules, OJ L 327 No. 37., as last amended by the 2003 Act of Accession, has been drawn up and adopted for the purpose of establishing a European requirement, but which is not legally binding;
28.		"Chemicals" substances, preparations and finished products as defined in the Chemical Act 1996-ChemG 1996, BGBl. I No 53/1997;
29.		"competent body" means a public or private body designated by the Federal Minister for Economic Affairs and Labour and which has the necessary impartiality and the necessary technical expertise to ensure the conformity of a to be able to verify energy-powered products with the applicable implementing measures.

Placing on the market

§ 3. (1) Energy-operated products may only be placed on the market and/or put into service if they comply with the supplementary legislation applicable to them and bear the CE marking in accordance with § 5.

(2) The competent authority in accordance with the legal basis for market surveillance relating to the placing on the market of energy-using products, hereinafter referred to as the "Market Surveillance Authority", shall be entitled to:

1.		to carry out appropriate checks on the conformity of the EuP products and to oblige the manufacturer or the authorised representative to withdraw from the market non-compliant energy-using products, in accordance with § 7,
2.		to obtain from the parties concerned all the necessary information specified in the supplementary regulations; and
3.		To take samples of products and to subject them to a compliance check.

The said authority shall keep the Commission of the European Communities informed of the results of market surveillance which, where appropriate, shall be sent by the Commission of the European Communities to the other Member States. can be forwarded.

(4) The said authority shall ensure that consumers and other interested parties have the opportunity to make comments relating to the conformity of products.

Obligations of the importer

§ 4. If the manufacturer is not established in the Community and if there is no authorised representative, the importer shall have the duty to:

1.		ensure that the energy-using product placed on the market or put into service is in accordance with this Regulation and the applicable supplementary legislation; and
2.		to keep the declaration of conformity and the technical documentation available.

CE marking, declaration of conformity

§ 5. (1) Prior to the placing on the market and/or putting into service of an EuP covered by one or more supplementary legislation, the EuP shall be marked with the CE marking and a declaration of conformity for the product shall be made available to the , to ensure that the manufacturer or his authorised representative ensures that the product complies with all relevant provisions of the relevant supplementary legislation in force.

(2) The CE marking shall consist of the letters "CE" in accordance with the model in Appendix III.

(3) The declaration of conformity shall contain the information referred to in Annex IV and refer to the relevant implementing measure.

(4) No marking may be affixed to an EuP which may deceive the user of the meaning or form of the CE marking.

(5) The information referred to in Annex I, part 2, must be in the German language if the EuP is submitted to the end user, unless the information is provided by harmonised symbols, generally accepted codes, including: standard abbreviations and pictograms, or otherwise, and in this way transmit all the necessary information to the prospective user of the EuP. In addition, the information may also be drawn up in one or more of the other official languages of the European Community and in other languages.

Free movement

§ 6. (1) Neither the placing on the market or the putting into service of energy-using products bearing the CE marking referred to in Article 5 may be invoked under the ecodesign requirements relating to the products referred to in Annex I, Part 1 Ecodesign parameters shall be prohibited, restricted or impeded if:

1.		the ecodesign parameters concerned are covered by the supplementary legislation in force and the product complies with all the relevant provisions of the relevant supplementary legislation in force; or
2.		the complementary legislation in force provides that no ecodesign requirement is required.

(3) It is permissible that energy-driven products which do not comply with the provisions of the respective supplementary legislation in force are shown at trade fairs, exhibitions, presentations and similar products, provided that they are clearly visible to the provisions of the relevant supplementary legislation. should be placed on the market and/or put into service only if conformity is established.

Safeguard clause

§ 7. (1) Where the market surveillance authority finds that an energy-using product bearing the CE marking referred to in § 5 does not apply to all the relevant provisions of the relevant supplementary products, when used in accordance with the intended purpose According to the law, the manufacturer or his authorised representative is obliged to bring the product in accordance with the provisions of the applicable supplementary legislation and/or the CE marking and the unlawful state of the product. in accordance with the instructions of the Market Surveillance Authority.

If sufficient indications exist that an EuP could not comply with the applicable provisions, the Market Surveillance Authority shall take the necessary measures, depending on the seriousness of the infringement, until the end of the period of the infringement. Ban on the placing on the market of the EuP in question, as long as it does not comply with the provisions.

Where non-compliance continues, the Market Surveillance Authority shall take a decision restricting or prohibiting the placing on the market and/or putting into service of the product in question, or has to do so in order to: take care that it's taken off the market.

(4) Where an energy-powered product is prohibited or withdrawn from the market, the Commission of the European Communities and the other Member States shall be informed without delay by the Federal Minister for Economic Affairs and Labour of this.

(5) Any decision adopted pursuant to this Regulation which prohibits or restricts the placing on the market and/or putting into service of an EuP shall be made by means of a communication.

(6) A decision taken pursuant to paragraphs 1 to 4 shall be notified without delay to the Commission of the European Communities, stating the reasons therefor. In particular, it should be stated whether the non-conformity identified is one of the following:

1.		Non-compliance with the requirements of the supplementary legislation in force,
2.		incorrect application of the harmonised standards referred to in Article 10 (2);
3.		Inadequacies in the harmonised standards referred to in Article 10 (2).

(7) In duly substantiated cases, appropriate measures shall be taken to ensure the confidentiality of the information transmitted.

(8) The Federal Minister for Economic Affairs and Labour has to arrange for the decisions taken by the public to be made public in a transparent manner.

Conformity assessment

§ 8. (1) Prior to the placing on the market of an EuP covered by a supplementary legislation and/or prior to the putting into service of such a product, the manufacturer or his authorised representative must ensure that the conformity of the product Product is evaluated with all relevant requirements of the relevant supplementary legislation in force.

(2) The conformity assessment procedures shall be laid down in the supplementary legislation and shall, unless otherwise specified, leave the manufacturer the choice between the internal design control described in Annex V and the one in Annex VI the management system described.

If the market surveillance authority has clear indications that an energy-powered product does not comply with the applicable provisions, the Market Surveillance Authority shall publish a reasoned opinion as soon as possible. Assessment of the conformity of this EuP. The energy-driven product may be examined by a competent authority so that corrective measures may be taken in good time.

(4) An energy-powered product covered by a supplementary Regulation has been designed by an organisation established in accordance with the provisions of Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 on the Voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), OJ L 327, 28.4.2002, p. No. 1., and the registration of the design activity is included, it must be assumed that the management system of that organisation complies with the requirements of Annex VI.

(5) Where an energy-powered product covered by a supplementary legislation has been designed by an organisation which has a management system which includes the design activity and this system is adopted in accordance with harmonised standards , the references of which have been published in the Official Journal of the European Union, it must be assumed that the management system complies with the relevant requirements of Annex VI to this Directive.

(6) Following the placing on the market or the putting into service of an EuP covered by a supplementary legislation, the manufacturer or his authorised representative shall have to submit the documents relating to the conformity assessment and the Declarations of conformity 10 years after the last copy of this product has been prepared for inspection by the market surveillance authority. The documents shall be submitted by the market surveillance authority within ten days of receipt of a request.

(7) The documents relating to conformity assessment and the declaration of conformity referred to in Article 5 shall be drawn up in one of the official languages of the European Community.

Presumption of conformity

§ 9. (1) The market surveillance authority shall have to assume that an energy-powered product bearing the CE marking referred to in § 5 shall comply with the relevant provisions of the relevant supplementary legislation in force.

(2) Where an energy-powered product has been manufactured in accordance with harmonised standards, the references of which have been published in the Official Journal of the European Union, it must be assumed that all the relevant requirements of the supplementary The legislation to which these standards relate.

(3) Where the Community eco-label has been established for energy-using products in accordance with Regulation (EC) No 1980/2000, OJ L 327, 31.12.2000, p No. 1., it must be assumed that they comply with the ecodesign requirements of the relevant supplementary legislation, provided that the ecolabel meets the ecodesign requirements.

For the purposes of presumption of conformity within the framework of this Regulation, other eco-labels may also comply with conditions equivalent to the Community eco-label within the meaning of Regulation (EC) No 1980/2000, if this is done by the Commission of the European Communities have been decided in accordance with the procedure laid down in Article 19 (2) of Directive 2005 /32/EC. In the case of energy-using products to which such other eco-labels have been awarded, it must be assumed that they comply with the ecodesign requirements of the relevant supplementary legislation, provided that the eco-label concerned is the referred to as ecodesign requirements.

Harmonized standards

§ 10. (1) The Federal Minister for Economic Affairs and Labour shall ensure as far as possible that the parties concerned-including consumer and environmental organisations-are consulted at national level in the preparation and monitoring of harmonised standards. .

(2) If the Austrian Standards Institute (ON) and/or the Austrian Association for Electrical Engineering (OVE) consider that a harmonized standard, the application of which is the presumption of conformity to individual provisions of a valid , the Federal Minister of Economics and Labour shall refer the reasons for the Standing Committee set up by Article 5 of Directive 98 /34/EC to the Federal Minister for Economic Affairs and Labour, which shall refer the grounds to the provisions of this Regulation.

Components, assemblies

§ 11. Manufacturers or their agents who place on the market and/or put into service components and assemblies may be obliged by the supplementary legislation to ensure that the manufacturer of a supplementary legislation is covered by the supplementary legislation. to make relevant information on the composition of the material as well as on the consumption of energy, materials and/or resources with regard to the components or assemblies concerned.

Administrative cooperation, exchange of information

§ 12. (1) The market surveillance authority shall be encouraged to cooperate with the competent authorities of other Member States. As far as possible, electronic means of communication shall be used for administrative cooperation and the exchange of information.

(2) The precise nature and organisation of the exchange of information between the Commission of the European Communities and the Member States, determined in accordance with the procedure referred to in Article 19 (2) of Directive 2005 /32/EC, must be taken into account.

Small and medium-sized enterprises

§ 13. The Federal Minister for Economic Affairs and Labour, in particular, by strengthening support networks and structures, has helped to encourage small and medium-sized enterprises (SMEs) and micro-enterprises to do so already in the phase of the To adopt an environmentally sound approach and to adapt to future Community legislation.

Consumer information

§ 14. In accordance with the applicable supplementary legislation, manufacturers shall ensure, in the form appropriate to them, that consumers of an EuP are informed of the following aspects:

1.		the role that they can play in the sustainable use of the product in question;
2.		the ecological profile of the product concerned and the benefits of eco-design, if this is provided for in the supplementary regulations.

Implementing measures, supplementary regulations

§ 15. (1) Implementing measures adopted by the Commission of the European Communities within the meaning of Directive 2005 /32/EC are to be transposed into national Austrian law as complementary legislation to this Regulation. They shall be applied in conjunction with this Regulation, which lays down those additional provisions which are not covered by the supplementary legislation.

(2) The supplementary legislation shall lay down ecodesign requirements in accordance with Annex I and/or Annex II. Specific ecodesign requirements are laid down for selected product properties with significant environmental impact. The supplementary legislation may also provide that, for certain ecodesign parameters set out in Annex I, Part 1, no ecodesign requirements shall be drawn up.

(3) The requirements shall be formulated in such a way as to ensure that the market surveillance authority can verify that the EuP complies with the requirements of the supplementary legislation. The supplementary legislation shall indicate whether a verification may be carried out either directly on the EuP or on the basis of the technical documentation.

(4) The Cooling Device Energy Efficiency Ordinance, BGBl. II No. 316/1997, as well as the Ordinance on Energy Efficiency, BGBl. II No 210/2001 and the implementation of Council Directive 92/42/EEC of 21 May 1992 on the efficiencies of new hot-water boilers charged with liquid or gaseous fuels, OJ L 206, 22.7.1992, p. No. 17., the provisions of this Regulation shall be deemed to be supplementary legislation within the meaning of the first paragraph of this Article.

Self-regulation

§ 16. Voluntary agreements and other self-regulatory initiatives presented in the framework of this Regulation as alternatives to implementing measures shall be assessed at least in accordance with Annex VIII.

Confidentiality

§ 17. The requirements referred to in Article 11 and in Annex I, Part 2, to the information to be provided by the manufacturer and/or his authorised representative must comply with the principle of proportionality and the legitimate need for confidentiality. sensitive information.

In-force pedals

§ 18. (1) This Regulation shall enter into force on 10 August 2007.

(2) This Regulation implements Directive 2005 /32/EC in Austrian law.

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