Law on the environment-friendly design of energy-related products (Energy-related products-Products-Law-EVPG)

Unofficial table of contents

EVPG

Date of completion: 27.02.2008

Full quote:

" Energy-related products-Products Act of 27 February 2008 (BGBl. 258), as defined by Article 332 of the Regulation of 31 August 2015 (BGBl). I p. 1474).

Status:	Last amended by Art. 6 G v. 31.5.2013 I 1388
Note:	Amendment by Art. 332 V v. 31.8.2015 I 1474 (No 35) in a textual, documentary form not yet concludedly edited

For more details, please refer to the menu under Notes

*)

This Act is designed to implement Directive 2005 /32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and on the Amendment of Council Directive 92/42/EEC and Directives 96 /57/EC and 2000 /55/EC of the European Parliament and of the Council (OJ L 136, 31.5.1996, p. EU No L 191 p. 29).

Footnote

(+ + + Text proof: 7.3.2008 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 ERL 32/2005 (CELEX Nr: 305L0032) + + +) 

  

Heading: IdF d. Art. 1 No. 1 G v. 16.11.2011 I 2224 mWv 25.11.2011 Unofficial table of contents

§ 1 Scope

(1) This Act applies to the placing on the market, the putting into service and the display of energy-related products as well as components and assemblies intended for installation in energy-related products. With the exception of means of transport for passenger and goods transport and energy-related products, which are designed to be used exclusively for military purposes. (2) Waste management legislation and for chemicals, including those for fluorinated greenhouse gases, shall remain unaffected. Unofficial table of contents

§ 2 Definitions

(1) Energy-related product is an object whose use affects the consumption of energy and which is placed on the market or put into service. This includes product parts which are

1.

are intended for incorporation into an energy-related product,

2.

as individual parts for end-users

a)

on the market, or

b)

shall be put into service

and which can be tested separately for their environmental compatibility. (2) Components and assemblies are parts which cannot be placed on the market or put into service as individual parts for end-users, or whose environmental compatibility is not can be examined separately. (3) Implementing legislation is

1.

a law adopted by the European Commission as a direct law in the sense of

a)

Article 15 of Directive 2009 /125/EC of the European Parliament and of the Council of 21 June 2000, October 2009, establishing a framework for the setting of ecodesign requirements for energy-related products (OJ L 327, 28.12.2009, p. OJ L 285, 31.10.2009, p. 10),

b)

Article 15 of Directive 2005 /32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Directive 2005 /32/EC of the European Parliament and of the Council of 6 July 2005 on the Council Directive 92/42/EEC and Directives 96 /57/EC and 2000 /55/EC of the European Parliament and of the Council (OJ L 136, 31.5.2001, p. (OJ L 191, 22.7.2005, p. 29)

(implementing measure);

2.

a legal regulation according to § 3.

(4) The placing on the market of an energy-related product in the European Economic Area for distribution or use in the European Economic Area shall be the first-time or free-of-charge supply of an energy-related product in the European Economic Area, the (5) Start-up is the first-time intended use of an energy-related product by an end user. (6) Issuance is a offer, installation or presentation of products for the purpose of advertising or making available on the market. (7) Manufacturer is a natural or Legal person producing energy-related products and for their conformity with this law for the purpose of placing on the market or putting into service under the name or trade mark of the manufacturer or for the purpose of: is responsible for its own use. Where there is no producer within the meaning of the first sentence or not an importer within the meaning of paragraph 9, any natural or legal person who places or enters into service energy-related products shall be deemed to be a manufacturer. (8) Authorized representative is a natural or legal person established in the European Economic Area, who has been commissioned by the manufacturer in writing, in his name, in whole or in part, in the fulfilment of his or her obligations under this law. (9) Importer shall be established in the European Economic Area. Natural or legal person who places on the market a product originating in a third country in the European Economic Area as part of its business activities. (10) Ecological profile is the description-according to the description for the product the relevant implementing measure-which is attributable to an energy-related product during its life cycle and which is important for its environmental impact (e.g. (11) The environmental performance of an energy-related product is the result of the manufacturer's efforts documented in the technical documentation. environmental aspects of the product. (12) Environmental design (eco-design) is the consideration of environmental requirements in product design with the aim of ensuring the environmental compatibility of the product during its entire life cycle improving. (13) Ecodesign requirement is a requirement for a energy-related product or its design, which is intended to improve its environmental performance, or the requirement to provide information on the environmental aspects of the product. (14) Harmonised standard is a technical Specification adopted by a recognised standardisation body on behalf of the European Commission and in accordance with the procedures laid down in Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of standards and technical requirements (OJ L 327, EC No 37), as last amended by Council Directive 2006 /96/EC of 20 November 2006 adapting certain directives in the field of the free movement of goods, to take account of the accession of Bulgaria and Romania (OJ L 327, 30.12.2006, p. EU No 81), which has been drawn up and adopted in order to establish a European requirement, but which is not legally binding. (15) recall is any measure aimed at returning an already placed on the market. (16) Withdrawal is any measure intended to prevent the sale, display or sale of an energy-related product to the user. (17) Provision on the market, any supply of a product, whether in return for payment or free of charge for distribution, consumption or use in the European Economic Area within the framework of a business activity. (18) Dealers are any natural or legal person in the supply chain who provides a product on the market, except for the Manufacturer and importer. (19) Economic operators are manufacturer, authorised representative, importer and distributor. Unofficial table of contents

§ 3 authorisation to enact legal orders

In order to implement or implement implementing measures, the Federal Government may, with the consent of the Federal Council, adopt legal regulations for energy-related products in accordance with the provisions of sentence 2. By means of a regulation according to the first sentence of the first sentence,

1.

requirements for the ecodesign of energy-related products and other conditions for placing on the market or putting into service, in particular tests, production monitoring or certificates;

2.

Requirements for the labelling, retention and notification requirements as well as related official measures.

It may determine that the manufacturer, his authorised representative and the importer, within the framework of their respective business activities, shall inform consumers about the ecological profile and the benefits of the eco-design of the product or how they can make sustainable use of the product. Manufacturers or their agents who place on the market or put into service components and assemblies may be obliged by means of the regulation referred to in the first sentence to be obliged to the manufacturer of a measure covered by an implementing measure. to make relevant information on the composition of the material and the consumption of energy, materials or resources with regard to the components or assemblies in question, in so far as they are operating and Business secrets are preserved. The fourth sentence shall apply to the importer, if the manufacturer is not established in the European Economic Area and has no authorised representative. Unofficial table of contents

§ 4 placing on the market, commissioning and putting out

(1) An energy-related product, which is covered by an implementing legislation, may only be placed on the market if:

1.

it complies with the requirements for environmental design and other requirements laid down in the implementing legislation for its placing on the market and its putting into service,

2.

it or, where this is not possible, its packaging and documents attached to it are marked with a CE marking in accordance with Article 6 (2) to (4),

3.

for the product, a declaration of conformity corresponding to the Appendix to this Act shall be issued with which the manufacturer or his authorised representative shall ensure that it complies with all the provisions of the implementing legislation applicable to it; the declaration of conformity must refer to this implementing legislation.

An energy-related product, which is covered by an implementing legislation and which has not yet been placed on the market, may be put into service only if the requirements set out in the first sentence are met. (2) Suspects that an energy-related product, which is covered by an implementing legislation and is marked with the CE marking in accordance with § 6, shall be subject to the provisions of the implementing legislation applicable to this product. (3) Where an energy-related product has been harmonized Standards which have been published in the Official Journal of the European Union shall be presumed to comply with all the requirements of the implementing legislation applicable to this product to which those standards relate. (4) Where an energy-related product has been awarded the Community eco-label under Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on the revision of the Community system for the award of a product Eco-label (OJ L 327 1) or the EU Ecolabel in accordance with Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (OJ L 327, 22.12.2009, p. 1), it is presumed that this energy-related product complies with the ecodesign requirements of the implementing legislation applicable to this product, provided that the conditions for the award of the product are fulfilled. Ecolabel meets ecodesign requirements. The same shall apply to other eco-labels equivalent to the eco-label referred to in the first sentence on the basis of a decision of the European Commission pursuant to Article 9 (4) of Directive 2009 /125/EC. (5) Implementing legislation designed to design energy-related product from a location or part of an organisation registered in the EMAS register within the meaning of Section 32 (1) of the Environmental Law and concludes the The environmental management system of this site or part of the site of the design activity shall be presumed to be: this management system complies with the requirements of Annex V to Directive 2009 /125/EC. Where an energy-related product covered by an implementing legislation has been designed by an organisation which has a management system that includes the design activity, and this system shall be harmonised in accordance with harmonised rules It is suspected that the management system complies with the relevant requirements of Annex V to Directive 2009 /125/EC. (6) The manufacturer or his/her management system shall be presumed to comply with the requirements set out in Annex V to Directive 2009 /125/EC. Authorised representative of a person placed on the market or put into service the energy-related product covered by an implementing legislation must, ten years after the last copy of this product has been manufactured, the conformity assessment documentation and the declarations of conformity made available to the Keep in sight. If the manufacturer is not established in the European Economic Area and there is no authorised representative, the obligation to comply with the first sentence shall be fulfilled by the importer. (7) Conformity assessment documents, which shall be carried out in a Implementing legislation is required and declarations of conformity are to be drawn up in one of the official languages of the European Union. The authorities responsible for market surveillance in accordance with § 7 may request a German translation. (8) The manufacturer, his authorised representative and the importer of an energy-related product, which is covered by an implementing law , shall ensure, in the course of their business operations, that they are able to take appropriate measures to prevent the use of energy-related products which do not meet the requirements of paragraph 1. Measures within the meaning of the first sentence shall be, in particular, the withdrawal of the product, appropriate and effective notices and recall. (9) An energy-related product covered by an implementing legislation, as referred to in the first sentence of paragraph 1 , may be issued if the exhibitor clearly indicates that it does not meet these requirements and cannot be acquired until the corresponding agreement has been reached. (10) The The retailer has to contribute to the use of an energy-related product that is an implementing legislation shall be made available on the market only if it meets the conditions laid down in the first sentence of paragraph 1. In particular, it shall not provide any energy-related product on the market from which he or she knows, or on the basis of the information available to him or his experience, that it does not meet the requirements set out in the first sentence of paragraph 1. Unofficial table of contents

§ 5 Information requirements

(1) The manufacturer, his authorised representative and the importer of an energy-related product, which is covered by an implementing legislation, shall, in the course of its business activities, be placed on the market or, if that is the case, If the product has not been placed on the market, the name of the manufacturer or, if it is not established in the European Economic Area, the name of the authorised representative or the importer and their addresses on the product or on the packaging thereof, and to label the product in such a way that: it can be clearly identified. (2) Writes an implementing legislation to the effect that, in accordance with Part 2 of Annex I to Directive 2009 /125/EC, the manufacturer has to provide information concerning the handling of the product, its use or recycling by: may affect bodies other than the manufacturer, such information may be made in writing or by harmonized symbols, generally accepted codes or otherwise. Regardless of the style of presentation, all information for the prospective user of the product must be comprehensible. Written information must at least also be written in German if the product is handed over to the end user and the end user does not use the product commercially. Unofficial table of contents

§ 6 CE marking

(1) It shall be prohibited to place on the market an energy-related product if the product, its packaging or documents attached to it are marked with the CE marking, without any implementing legislation or any other shall provide for such legislation or without complying with the conditions set out in paragraphs 2 to 5. Under the same conditions, it is prohibited to put into service an energy-related product which has not yet been placed on the market. (2) The CE marking must be visible, legible and permanently affixed. (3) The CE marking consists of the letters 'CE' and must have the shape and minimum size as laid down in Annex III to Directive 2009 /125/EC. (4) In the event of a reduction or enlargement of the CE marking, the provisions laid down in Annex III to Directive 2009 /125/EC must be: (5) In addition to the CE marking, do not apply markings which may mislead third parties with regard to the meaning and form of the CE marking. Any other marking may be affixed if it does not adversely affect the visibility and legibility of the CE marking. Unofficial table of contents

§ 7 Market Surveillance

(1) The competent authorities shall monitor that energy-related products covered by an implementing legislation are placed on the market or put into service only if the products covered by this Act or by reason of this Act are the conditions laid down. To this end, they shall draw up a market surveillance concept, which includes in particular:

1.

the collection and evaluation of available information on the identification of the points of gravity and the flow of goods;

2.

the establishment, regular adaptation and implementation of market surveillance programmes, with which the products shall be subject to sampling and to the extent necessary, and the collection and evaluation of such programmes, and

3.

the regular review and evaluation of the effectiveness of the concept.

The competent authorities shall make available to the public the market surveillance programmes referred to in point 2, by electronic means and, where appropriate, in a different form. They shall work with the customs authorities in accordance with Chapter III, Section 3 of Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 laying down the rules for accreditation and market surveillance relating to the Marketing of products and repealing Council Regulation (EEC) No 339/93 (OJ L 136, 31.3.1993, p. OJ L 218, 13.8.2008, p.30). Within the framework of this cooperation, the customs authorities may, at the request of the competent authorities, obtain the information they have obtained on the release of products for free circulation and the information to be provided by the competent authorities for the purposes of the competent authorities ' task. (2) The competent national authorities shall ensure the coordination of the surveillance and the development and updating of the market surveillance concept. (3) The competent authority shall take the necessary measures to ensure that the competent authority meets the necessary conditions. (3) The competent authority shall measures if they have reasonable grounds to suspect that the requirements in accordance with § 4, are not or are not fulfilled. In particular, it shall be entitled to

1.

prohibit the delivery of a product if the requirements of Section 4 (9) are not met,

2.

to arrange for measures to ensure that a product is first placed on the market or put into service when the requirements of section 4 (1) are met,

3.

to order a product to be reviewed by an approved body or by a body which is appropriate in the same way,

4.

shall arrange for appropriate information to be provided in accordance with § 5,

5.

to temporarily prohibit the placing on the market, putting into service or making available on the market in respect of the period of time which is strictly necessary for examination,

6.

prohibit a product being placed on the market, put into service or made available on the market without the requirements laid down in Article 4 (1) being met,

7.

to order the withdrawal or recall of a product placed on the market or put into service, or to ensure such a product if the requirements of Article 4 (1) are not met,

8.

to request that their documents, which are to be held in accordance with § 4 (6), be submitted within ten days of the request.

The competent authority shall revoke or amend a measure in accordance with the second sentence if the economic operator or the issuer proves that it has taken effective action. (4) The competent authorities and their agents shall have the power to do so in so far as this is not the case. Performance of its tasks is required to enter into the usual operating and business hours of business premises and premises, in or on which energy-related products within the scope of a business

1.

are produced,

2.

be put into service,

3.

are stored on the market for the purpose of providing them; or

4.

are issued.

They have the power to inspect, inspect or have the products inspected, in particular to be put into service. Those powers shall also have the competent authorities and their agents if the products are made available in seaports for further transport. Fees and charges may be charged to the manufacturer and to persons who issue the product or to store or provide on the market for the purpose of placing on the market or on the market for inspection and testing in accordance with the second and third sentences if the examination reveals that the requirements laid down in § 4 are not met. (5) The competent authorities and their agents may take samples, request samples and the documents and information required for their task performance request. The samples, samples, documents and information shall be made available to them free of charge. (6) Economic operators and exhibitors shall submit measures pursuant to the first and second sentences of paragraph 4, as well as the provisions of paragraph 5, and the competent authorities and their competent authorities. To support the Commissioner. They shall be required to provide the competent authority, upon request, with the information necessary for the performance of their duties. The obligated may refuse to provide information on such questions, the answers of which he himself or one of the members of the risk of criminal prosecution or of a procedure referred to in § 383 (1) to (3) of the Code of Civil Procedure of the law would be subject to the law on administrative offences. (7) The competent authorities and the representative body must inform and support each other of the measures under this law. (8) All market surveillance measures shall apply. Article 37 (6) of the Administrative Procedure Act. (9) Prior to the adoption of a measure pursuant to paragraph 3, the relevant economic operator or exhibitor shall be consulted on the understanding that the hearing period shall not be less than ten days. If a measure has been taken without the economic operator or the issuer being heard, it will be given the opportunity to express its views as soon as possible. The measure will then be reviewed immediately. Unofficial table of contents

§ 8 Reporting procedure

(1) If the competent authority is to take measures pursuant to Article 7 (3) (6) and (7) thereof, it shall inform the competent authority thereof without delay, stating the reasons; in particular, it shall indicate whether a harmonised standard has been incorrectly applied or whether a harmonised standard has been applied. Lack. If the marking provided for in § 6 has been awarded by an approved body, the competent authority in accordance with Section 11 (2) shall also be informed. (2) The commissioned body shall check the notifications received for completeness and consistency. It shall inform the Federal Ministry for Economic Affairs and Energy, the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, the other relevant federal ministries and the Federal Environment Agency of the reports referred to in the first sentence of paragraph 1 and shall direct the information to the Federal Environment Agency. the European Commission, the Member States of the European Union and the other States Parties to the Agreement on the European Economic Area shall immediately apply. The competent authority shall also inform the authorities referred to in the second sentence and the Commission, in summary form and at appropriate intervals, of any other market surveillance measures which it shall take in the context of the exchange of information in accordance with § 7 (3) The competent authority shall inform the authorities referred to in the second sentence of paragraph 2 and the competent authorities referred to in Article 7 for market surveillance of communications from the Commission, the Member States of the European Union and the Commission. other States Parties to the Agreement on the European Economic Area, which shall: Market supervision for energy-related products and their knowledge. (4) Electronic communications are to be used for the exchange of information as far as possible. Unofficial table of contents

§ 9 Publication of information

(1) The commissioned body shall make public arrangements in accordance with Article 7 (3) (6) and (7), which have become indisputable or have been ordered immediately to complete their enforcement. Personal data may only be published if it is necessary for the identification of the energy-related product. (2) The information provided by the responsible body to the public shall be published in retrospect. , it shall inform the public thereof in the same manner in which it has previously disclosed the information in question, in the same way that it has previously disclosed the information in question, in so far as it is wrong to do so, or to the circumstances in which it is based. Significant interests of the common good are required or persons affected by this need have a legitimate interest and are requesting this. (3) In accordance with § 7 of the market surveillance authority or of the responsible body, there is a strong evidence that a person covered by an implementing legislation should be the energy-related product is placed on the market or, if it has not yet been placed on the market, is to be put into service without it complying with the requirements of Article 4 (1), it shall publish as soon as possible in the Information and Communication System for Market Surveillance (ICSMS) a Reasoned Opinion Assessment of the extent to which this product deviates from the requirements. The competent authorities in accordance with the first sentence or the representative body may disregard a publication if the product deviates only slightly from the requirements laid down in § 4 (1). In the case of publications referred to in the first sentence, paragraph 2 shall apply to the competent authority and to the competent authority. Unofficial table of contents

Section 10 Envoy

The Federal Institute for Materials Research and Testing (Bundesanstalt für Materialforschung und -prüfung) is responsible Unofficial table of contents

Section 11 Authorized bodies

(1) Competent bodies shall, in accordance with an implementing law, carry out tasks in the implementation of the procedures for determining compliance with the requirements of the implementing legislation. (2) The competent authority shall: a request for recognition may be submitted as an approved body for certain energy-related products and procedures covered by implementing legislation. The competent authority shall comply with the application if the applicant and the persons employed by him comply with the conditions laid down in the implementing legislation. If the applicant complies with the accreditation of a national accreditation body in accordance with Article 4 (1) of Regulation (EC) No 765/2008, the applicant shall be presumed to comply with the requirements of the approved body. (3) The competent authorities The competent authority shall monitor compliance with the requirements referred to in paragraph 2. (4) The competent authority shall monitor compliance with the requirements referred to in paragraph 2. It may require the authorized body and its staff responsible for managing and carrying out the technical tasks to provide the necessary information and other assistance in order to carry out its monitoring tasks, as well as to arrangements required. The competent authorities and their agents shall be empowered to enter and visit land and premises, as well as test laboratories, at the usual operating and business hours, and to submit documents in the To require conformity assessment procedures. The parties to the information shall be allowed to take the measures in accordance with the provisions of the third sentence. You may refuse to provide information on such questions, the answers to which they themselves or one of the members of the risk of criminal prosecution or of a procedure under the law referred to in § 383 (1) to (3) of the Code of Civil Procedure (Civil Procedure Code) would be subject to administrative offences. They shall be informed of their right to refuse to provide information. (5) The competent authorities in accordance with § 7 for market surveillance may be appointed by the approved body and its staff responsible for conducting and carrying out the technical tasks of the competent authority. To require the necessary information and documents to fulfil their duties. If they act in accordance with the first sentence, they shall inform the competent authority of the recognition procedure referred to in paragraph 2. Unofficial table of contents

Section 12 Further tasks of the responsible body

(1) The representative body shall provide a comprehensive range of information on the ecodesign requirements and the conformity assessment procedures applicable to them, with the aim of the economy, in particular small and medium-sized enterprises, as well as Micro-enterprises to support the obligations arising out of this Act and to adopt an environmentally sound approach at the stage of product development. (2) The competent authority shall assist the competent authorities in the Development and implementation of the market surveillance concept as well as the Publication of the market surveillance programmes in accordance with § 7 (1) sentence 2 as well as on technical and scientific issues. (3) In the performance of their tasks pursuant to paragraphs 1 and 2, the commissioned body works with the Federal Environment Agency (Umweltbundesamt) together. On the basis of the experience gained, the responsible body and the Federal Environment Agency shall exchange each other once a year. Unofficial table of contents

Section 13 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

against

a)

Section 4 (1), first sentence, no. 2 or 3, in each case also in conjunction with the second sentence, or

b)

Section 6 (1)

place or place an energy-related product on the market,

2.

Contrary to § 5 (1), a name or address does not apply, is not correct, does not apply in full or not in time, or does not identify a product in time, not correct or not in time,

3.

a fully-retractable arrangement according to

a)

§ 7 (3) sentence 2, no. 2, 5 to 7, or

b)

§ 7 (3) sentence 2 no. 1, 3, 4 or 8, paragraph 5 or § 11 (4) sentence 2 or subsection 5 sentence 1

shall be contrary to

4.

, contrary to Section 7 (6) sentence 2, information is not provided, not correct, not complete or not in good time,

5.

a legal regulation in accordance with

a)

§ 3, sentence 2, no. 1, sentence 3 or 4, also in conjunction with sentence 5 or

b)

Section 3, second sentence, No. 2

to the extent that it refers to this fine for a specific case, or

6.

of a directly applicable provision in European Union legislative acts which is in accordance with the content of a scheme to which the content of the legislation in question is

a)

Point 5 (a) or

b)

Point 5 (b)

, to the extent that a legal regulation referred to in paragraph 3 refers to this fine for a particular event.

(2) In the cases referred to in paragraph 1 (1) (a), (3) (a), (5) (a) and (6) (a), the administrative offence may be subject to a fine of up to EUR 50 000 and, in other cases, with a fine of up to ten thousand euros. (3) The Federal Government is empowered, in so far as it is necessary for the enforcement of the acts of the European Union, to designate by means of a regulation, with the consent of the Bundesrat, the facts which are deemed to be an administrative offence. referred to in paragraph 1 (6). Unofficial table of contents

Section 14 Adaptation of legal regulations

- Unofficial table of contents

Section 15 Entry into force

This Act shall enter into force on the day after the announcement. Unofficial table of contents

Annex (to § 4 para. 1 no. 3)

(Fundstelle: BGBl. I 2008, 264)

The declaration of conformity shall contain the following information:

1.

the name and address of the manufacturer or his authorised representative;

2.

a sufficiently detailed description of the product for the clear determination of the product;

3.

where appropriate, the reference points of the harmonised standards applied;

4.

where appropriate, the other technical standards and specifications applied;

5.

where appropriate, the declaration of conformity with other relevant European Community legislation providing for the CE marking;

6.

The name and signature of the person entitled to sign the name of the manufacturer or his authorised representative.