11 MAI 2007. - An Act to amend the Act of 21 December 1998 on standards of products for the promotion of sustainable production and consumption patterns and the protection of the environment and health (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. The purpose of this Act is to transpose in Belgian law the Directive 2005/32/EC of the European Parliament and the Council of 6 July 2005 establishing a framework for establishing eco-design requirements for energy consumer products and amending Council Directive 92/42/EEC and Council Directives 96/57/EC and 2000/55/EC of the European Parliament and Council.
CHAPTER II. - Amendments to the Act of 21 December 1998
Art. 3. In the Act of 21 December 1998 on standards of products for the promotion of sustainable production and consumption patterns and the protection of the environment and health, a new Chapter Vbis, including articles 14bis up to 14duodecies, is inserted as follows:
« CHAPTER Vbis. - Special provisions establishing a framework for setting eco-design requirements for energy consumer products.
Section 1^re. - General provision
Art. 14bis. § 1^er. This chapter provides a framework for setting eco-design requirements for energy-consuming products to ensure the free movement of these products in the domestic market.
§ 2. This chapter sets out the requirements that energy consumer products covered by enforcement measures must meet to be marketed and/or put into service. It contributes to sustainable development by increasing energy efficiency and environmental protection, while increasing the security of energy supply.
§ 3. This chapter does not apply to means of transportation of persons or goods.
§ 4. This chapter and the enforcement measures adopted under this chapter are without prejudice to waste management and chemical legislation, including community legislation on fluorinated greenhouse gases.
Section 2. - Definitions
Art. 14ter. For the purposes of this chapter, the following means:
1° "energy consumer product": a product that, once put on the market and/or put into service, is dependent on energy intake (electricity, fossil fuels and renewable energy sources) to operate according to the intended use, or a product enabling the generation, transfer and measurement of such energy, including parts dependent on energy intake, intended to be integrated into a consumer product of energy
2° "components and sub-assemblies": parts intended to be integrated into energy consumer products that are not marketed and/or put into service as spare parts for end users or whose environmental performance cannot be independently evaluated;
3° "implementation measures": the measures adopted under this Act, a European Regulation or Decision, establishing eco-design requirements for defined energy consumer products or their environmental characteristics;
4° "on the community market": the first available on the community market of an energy consumer product for distribution or use in the Community, either expensive or free, regardless of the marketing technique being implemented;
5° "commissioned": the first use of an energy consumer product, for the purpose for which it was designed, by a final user in the Community;
6° "Manufacturer": any natural or legal person who realizes energy consumer products entering the scope of this Act and who is responsible for their compliance with this Act with a view to placing them on the community market and/or commissioning them under the name of the manufacturer or under its brand or for the proper use of the manufacturer. In the absence of a manufacturer as defined in the first sentence or importer as defined in point 8°, any natural or legal person who puts on the community market and/or puts in service energy consumer products entering the scope of this Act is considered to be a manufacturer;
7° "agent": any natural or legal person established in the Community who has received a written mandate from the manufacturer to carry out all or part of the obligations and formalities related to this Act;
8° "importer": any natural or legal person established in the Community who, as part of its professional activities, puts a product from a third country on the community market;
9° "materials": all materials used during the life cycle of an energy consumer product;
10° "Product design": all processes that transform into technical specifications of a consumer energy product the requirements to be met by the consumer energy product at the legal, technical, safety, operation, market or other level;
11° "environmental characteristic": any element or function of an energy consumer product that may, during its life cycle, interact with the environment;
12° "environmental impact": any environmental change, caused entirely or partially by an energy consumer product during its life cycle;
13° "life cycle": the successive and interdependent stages of an energy consumer product, from the use of raw materials to the final disposal;
14° "re-use": any operation by which an energy consumer product or its components that have reached the end of their first use is used for the same purposes as those for which they have been designed, including the continued use of an energy consumer product reported to a collection point, distributor, recycling agency or manufacturer, as well as the reuse of an energy consumer product after its refurbishment;
15° "recycling": waste reprocessing, in a production process, for the purposes of their initial function or for other purposes but excluding energy recovery;
16° "energy recovery": the use of fuel waste as a means of generating energy by direct incineration with or without other waste but with heat recovery;
17° "recovery": any applicable operation set out in Appendix II B of Council Directive 75/442/EEC of 15 July 1975 on wastes;
18° "waste": any substance or object entering the classes defined in Appendix I^re of Directive 75/442/EEC, which the holder proposes to put or is required to dispose of;
19° "hazardous waste": any waste covered by Article 1^erparagraph 4 of Council Directive 91/689/EEC of 12 December 1991 on hazardous wastes;
20° "environmental profile": the description, in accordance with the performance measure applicable to the consumer product of energy, of inputs and outputs (such as raw materials, emissions and wastes) associated with a consumer product of energy throughout its life cycle, which are significant from the point of view of its impact on the environment and are expressed in measurable physical quantities;
21° "environmental performance" of an energy consumer product: the result of the management of the environmental characteristics of the product by the manufacturer, as shown in its technical documentation folder;
22° "Environmental Performance Improvement": the process of improving the environmental performance of an energy consumer product over successive generations, even if all the environmental characteristics of the product are not necessarily concerned at the same time;
23° "ecoconception": integrating environmental features into product design to improve the environmental performance of the energy consumer product throughout its life cycle;
24° "Ecoconception requirement": any requirement for a consumer product of energy or its design to improve its environmental performance, or any requirement for the provision of information regarding the environmental characteristics of an energy consumer product;
25° "general eco-design requirement": any eco-design requirement based on the ecological profile as a whole of the energy consumer product with no fixed limit values for specific environmental characteristics;
26° "specific eco-design requirement": any quantified and measurable eco-design requirement related to a particular environmental characteristic of the energy consumer product, such as its energy consumption in operation, calculated for a given output performance unit;
27° "Harmonized Standard": a technical specification adopted by a standardization body recognized in the framework of a mandate issued by the European Commission, in accordance with the procedure established by Directive 98/34/EC of the European Parliament and the Council of 22 June 1998 providing for an information procedure in the field of technical standards and regulations, with a view to the development of a European requirement, whose compliance is not mandatory;
28° "competent authority": the Environment Branch of the Federal Public Service Public Health, Food Chain Safety and Environment.
Section 3. - Requirements for placing on the community market and/or commissioning
Art. 14quater. § 1^er. The placing on the community market and/or the commissioning of an energy consumer product that is not in conformity with all the relevant provisions of the applicable enforcement measure and which does not bear the CE mark in accordance with Article 14quinquies, § 1^er, first paragraph, is prohibited, and may be restricted or prevented for reasons related to eco-design requirements relating to eco-design parameters, which fall within the applicable enforcement measure.
§ 2. However, energy consumer products that are not in compliance with the provisions of the applicable enforcement measure, may, for example, be presented at trade fairs, exhibitions, demonstrations, provided that it is clearly indicated that they cannot be put on the community market / put into service prior to their compliance.
Section 4. - Marking, declaration and presumption of conformity
Art. 14quinquies. § 1^er. Before placing on the community market and/or the commissioning of a consumer energy product covered by enforcement measures, a CE conformity mark is affixed and a declaration of conformity is issued by which the manufacturer or its agent assures and declares that the consumer energy product complies with all the relevant provisions of the applicable enforcement measure.
The CE Conformity Marking, referred to in the first paragraph, consists of the letters "EC", as reproduced in Appendix II.
The declaration of conformity, referred to in the first paragraph, contains the elements specified in Annex III and refers to the relevant enforcement measure.
§ 2. The provision on a consumer product of energy of markings that may induce users in error as to the meaning or form of the CE marking is prohibited.
§ 3. Execution measures may include the obligation of the manufacturer to provide information that may influence the way in which the energy consumer product is handled, used or recycled by persons other than that.
This information must be provided at least in Dutch, French and German, when the consumer energy product reaches the end user, while taking into consideration:
(a) whether or not information can be provided in the form of harmonized symbols, recognized codes or other measures;
b) the type of user to which the energy consumer product is intended and the nature of the information to be provided.
The information referred to in the first paragraph may also be provided in one or more other official languages of the Community.
§ 4. An energy consumer product bearing the CE marking referred to in Article 14quinquies, § 1^er, first paragraph, shall be considered in accordance with the relevant provisions of the applicable enforcement measure.
An energy consumer product to which harmonized standards apply, whose reference numbers have been published in the Official Journal of the European Union, is considered to comply with all the relevant requirements of the enforcement measure applicable to which these standards relate.
Energy consumer products that have received the Community Ecological Label pursuant to Regulation (EC) No. 1980/2000 are presumed to comply with the eco-design requirements of the applicable enforcement measure, as these requirements are covered by the ecological label.
Section 5. - Obligations to the manufacturer or agent
Art. 14sexies. Before putting on the community market a consumer energy product covered by enforcement measures and/or putting into service such a consumer energy product, the manufacturer or its agent conducts an assessment of the conformity of the consumer energy product to all the relevant requirements of the applicable enforcement measure.
Sub-section 1^re. - Requirements for components and sub-assemblies
Art. 14s. Implementing measures may require manufacturers or their agents who put components and sub-assemblies on the community market and/or in service to communicate to the manufacturer of a consumer energy product covered by the enforcement measures of the relevant information on the material composition of the components or sub-assemblies as well as their energy, materials and/or resources consumption.
Sub-section 2. - Consumer information
Art. 14octies. In accordance with the applicable enforcement measure, manufacturers ensure, in the form they consider appropriate, that consumers of energy-consuming products are notified:
- the necessary information on the role they can play in the sustainable use of the product concerned;
- when the enforcement measures require, the ecological profile of the product and the benefits of eco-design.
Section 6. - Importer responsibilities
Art. 14nonies. If the manufacturer is not established in the Community and in the absence of an agent, the following obligations are the responsibility of the importer:
- ensuring that the energy consumer product put in the community market or put into service is in accordance with this Act and the applicable enforcement measure,
- keep the declaration of compliance and technical documentation.
Section 7. -- Emergency surveillance, control and response measures
Sub-section 1^re. - Backup clause
Art. 14decies. § 1^er. When a consumer energy product bearing the CE marking referred to in Article 14quinquies, § 1^er, first paragraph, and used in accordance with the intended use, is not in accordance with all relevant provisions of the applicable enforcement measure, the manufacturer or its agent is required to make the product consistent with the provisions of the applicable enforcement measure and/or the CE mark and to terminate the offence.
If there are sufficient evidence to suggest that an energy consumer product may not be compliant, the necessary measures are taken by the Minister, which, depending on the degree of gravity of the non-compliance, may go to the prohibition of placing on the energy consumer product market until compliance is established.
When the non-compliance persists, the marketing and/or commissioning of the consumer energy product in question is restricted or prohibited, or the product is removed from the market.
In the event of a ban or withdrawal of the market, the European Commission and other Member States are immediately informed.
§ 2. Any decision made pursuant to this Act that restricts or prohibits the marketing and/or commissioning of a consumer energy product indicates the reasons on which it relies.
This decision is immediately notified to the individual, who is at the same time informed of the remedies available to him, as well as the deadlines to which such appeals are submitted.
If a product fails to meet the requirements of this chapter, the costs associated with the performance of the provisions of this Article may be borne by the manufacturer concerned or his agent.
§ 3. The Minister shall immediately inform the European Commission and other Member States of any decision taken pursuant to this section, indicating the reasons for its decision and in particular whether the non-compliance is due to:
(a) a failure to meet the requirements of the applicable enforcement measure;
(b) incorrect application of harmonized standards referred to in Article 14duodecies;
(c) gaps in harmonized standards referred to in Article 14duodecies.
§ 4. Decisions taken pursuant to this subsection are published in the Belgian Monitor.
Sub-section 2. -Conformity assessment
Art. 14undecies. § 1^er. The conformity assessment procedures are specified by the enforcement measures and leave manufacturers the choice between the internal design control referred to in Appendix IV and the management system referred to in Appendix V. When duly justified and proportional to the risk, the conformity assessment procedure is selected from the relevant modules described in Decision 93/465/EEC concerning the modules relating to the different phases of conformity assessment procedures and the rules for the affixing and use of the "EC" compliance marking, to be used in the technical harmonization guidelines.
If the Minister has serious indications as to the likely non-compliance of an energy consumer product, the Minister shall publish to the Belgian Monitor as soon as possible a reasoned assessment of the conformity of the energy consumer product concerned, an assessment that may be carried out by a competent body, so that a corrective action by the manufacturer or its agent may, where appropriate, be carried out quickly.
If an energy consumer product covered by enforcement measures is designed by an organization registered in accordance with Regulation (EC) No 761/2001 of the European Parliament and the Council of March 19, 2001 allowing the voluntary participation of organizations in a community environmental management and audit system (EMAS) and if the design function is covered by this registration, the management system of that organization is deemed to be in accordance with the requirements of Annex V.
If an energy consumer product covered by enforcement measures is designed by an organization with a management system that includes the product design function and is implemented in accordance with the harmonized standards whose reference numbers have been published in the Official Journal of the European Union, this management system is deemed to be in compliance with the corresponding requirements of Annex V.
§ 2. After placing on the community market or putting into service a consumer energy product covered by enforcement measures, the manufacturer or its agent retains all documents relating to the assessment of compliance made and the declarations of conformity issued, so as to permit their inspection during the ten years following the manufacture of the last of these energy-consuming products.
Relevant documents must be submitted within 10 days of receipt of an application by the competent authority of a Member State.
§ 3. Documents relating to the conformity assessment and declaration of conformity referred to in Article 14quinquies, § 1^er, first paragraph, are written in one of the official languages of the Community.
Section 8. - Harmonized standards
Art. 14duodecies. § 1^er. The Minister shall take appropriate measures to allow interested parties to be consulted at the national level on the harmonized standards development and monitoring process.
§ 2. Where the Minister considers that harmonized standards, the application of which is presumed to meet the specific provisions of an applicable enforcement measure, do not fully comply with these provisions, the Minister shall inform the Standing Committee established under Article 5 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 providing for an information procedure in the field of technical standards and regulations, indicating the reasons for this approach. "
Art. 4. In Article 17, § 1^er, of the same law, as amended by the laws of 28 March 2003, 27 December 2004 and 20 July 2005, is inserted between points 1° and 2° a new point 1°bis, as follows:
"1°bis. Whoever contravenes the requirements of a performance measure, either established by or under Chapter Vbis, or established by a European Regulation or Decision; "
Art. 5. The Schedule to the Act becomes the new Schedule I^re.
The Schedule to this Act is added to the same Act.
CHAPTER III. - Final provision
Art. 6. This Act comes into force on 11 August 2007.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 11 May 2007.
ALBERT
By the King:
Minister of the Environment,
B. TOBBACK
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Regular session 2006-2007.
House of Representatives.
Parliamentary documents. - Bill No. 51-3081/1. Report of the Commission, No. 51-3081/2. - Text corrected by the Commission, No. 51-3081/3. - Text adopted in plenary and transmitted to the Senate, No. 51-3081/4.
Annales parliamentarians. - Discussion and adoption. Meetings of April 24 and 25, 2007.
Senate.
Parliamentary documents. - Project referred to by the Senate, No. 3-2437/1. Report of the Commission No. 3-2437/2. - Decision not to amend, No. 3-2437/3.
Annales parliamentarians. - Discussion and adoption. Session of April 26, 2007.

Annex
"Annex II
Marking CE
(see article 14quinquies, § 1^ersecond subparagraph
For the consultation of the table, see image
The CE marking shall have a minimum size of 5 mm. In the event of a reduction or enlargement of the CE marking, the proportions given in the graduated graphics shown above must be respected.
The CE marking must be affixed to the energy consumer product. When this is not possible, it must be affixed to the packaging and accompanying documents.

Annex III
Declaration of conformity
(see article 14quinquies, § 1^erthird paragraph
The CE declaration of conformity shall contain the following:
1. the name and address of the manufacturer or its agent;
2. a description of the model sufficient to allow unambiguous identification;
3. where applicable, the references to the harmonized standards applied;
4. where applicable, other technical standards and specifications used;
5. where applicable, reference to other community texts relating to the affixing of CE marking;
6. the identification and signature of the person authorized to act on behalf of the manufacturer or agent.

Annex IV
Internal design control
(see article 14undecies, § 1^er)
1. This annex describes the procedure by which the manufacturer or its agent who fulfils the obligations set out in paragraph 2 of this annex ensures and declares that the energy consumer product meets the relevant requirements of the applicable enforcement measure. The declaration of conformity may apply to one or more products and must be retained by the manufacturer.
2. A technical documentation package that makes it possible to assess the conformity of the energy consumer product with the requirements of the applicable performance measurement is prepared by the manufacturer.
The documentation includes:
a) a general description of the energy consumer product and its intended use;
(b) the results of the environmental impact assessment studies conducted by the manufacturer and/or references to specialized works or environmental impact assessment case studies used by the manufacturer to assess, document and determine possible solutions for the design of the product;
(c) the ecological profile, if required under the performance measurement;
(d) elements of the product design specification relating to the environmental design aspects of the product;
(e) a list of the appropriate standards referred to in section 17, applied in whole or in part, and a description of the solutions adopted to meet the requirements of the applicable enforcement measure, where the standards referred to in section 17 have not been applied or where these standards do not fully cover the requirements of the applicable enforcement measure;
(f) a copy of information relating to aspects of the environmental design of the product provided pursuant to the requirements set out in Appendix I^rePart 2;
(g) the results of measurements made for the purposes of eco-design requirements, including information relating to the conformity of these measures with the eco-design requirements established to the applicable enforcement measure.
3. The manufacturer shall take all necessary measures to ensure that the product is manufactured in accordance with the design specifications referred to in paragraph 2 and the performance measurement requirements applicable to it.

Annex V
Management system for conformity assessment
(see article 14undecies, § 1^er)
1. This annex describes the procedure by which the manufacturer who fulfils the obligations set out in paragraph 2 of this annex ensures and declares that the energy consumer product meets the requirements of the applicable enforcement measure. The declaration of conformity may apply to one or more products and must be retained by the manufacturer.
2. A management system may be used to assess the conformity of an energy consumer product provided that the manufacturer applies the environmental elements specified in paragraph 3 of this annex.
3. Environmental elements of the management system
This point specifies the elements to be included in a management system and the procedures by which the manufacturer can demonstrate the conformity of the energy consumer product with the requirements of the applicable enforcement measure.
3.1. Product Environmental Performance Policy
The manufacturer must be able to demonstrate compliance with the applicable performance measurement requirements. It must also be able to provide a framework for the development and review of environmental performance objectives and indicators to improve the overall environmental performance of the product.
All measures adopted by the manufacturer to improve the overall environmental performance of an energy consumer product and to establish its ecological profile, if required by the design and manufacture, must be documented in a systematic and consistent manner in the form of written procedures and instructions.
These procedures and instructions include, in particular, an appropriate description:
- the list of documents that must be developed to demonstrate the conformity of the energy consumer product and - if applicable - that must be submitted,
- objectives and indicators of environmental performance of the product, the organization chart, responsibilities, powers of supervision and the allocation of resources for implementation and maintenance,
- tests and tests that will be carried out after manufacture to compare product performance against environmental performance indicators,
- procedures for monitoring the required documentation and guaranteeing the maintenance of the documentation,
- the method of verification of the application and effectiveness of the environmental elements of the management system.
3.2. Planning
The manufacturer shall establish and manage:
(a) procedures for establishing the ecological profile of the product;
(b) the environmental performance objectives and indicators of the product relating to technological options taking into account technical and economic requirements;
(c) a programme to achieve these objectives.
3.3. Implementation and documentation
3.3.1. The management system documentation should include the following:
(a) responsibilities and competencies are defined and documented to ensure good environmental performance of the product and to report on its operation for review and improvement;
(b) documentation is prepared indicating the monitoring and verification techniques of the model being implemented and the systematic processes and measures used in product design;
(c) the manufacturer shall establish and manage information describing the key environmental elements of the management system and the control procedures for all required documentation.
3.3.2. The documentation for the energy consumer product includes:
a) a general description of the energy consumer product and its intended use;
(b) the results of the environmental impact assessment studies conducted by the manufacturer and/or references to specialized works or environmental impact assessment case studies used by the manufacturer to assess, document and determine possible solutions for the design of the product;
(c) the ecological profile, if required by the enforcement measure;
(d) documents describing the results of the actions carried out for the purposes of eco-design requirements, including information relating to the conformity of these measures with the eco-design requirements set out in the applicable enforcement measure;
(e) the specifications established by the manufacturer and specifying, in particular, the standards applied; where the standards referred to in section 17 are not implemented or when they do not fully cover the requirements of the applicable enforcement measure, the means used to ensure compliance are indicated;
(f) a copy of information relating to aspects of the environmental design of the product provided pursuant to the requirements set out in Appendix I^rePart 2.
3.4. Audit and corrective action
(a) The manufacturer shall take all necessary measures to ensure that the energy consumer product is manufactured in accordance with its design specification and the requirements of the performance measurement applicable to it;
(b) The manufacturer shall establish and manage the procedures for the investigation and processing of non-compliance cases and make the changes resulting from the corrective action to the written procedures;
(c) The manufacturer conducts at least once every three years a complete internal audit of the management system with respect to its environmental elements. »