Royal Decree 1369/2007, dated October 19, established the ecodesign requirements applicable to products that use energy.

This Royal Decree was to transpose Directive 2005 /32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the establishment of ecodesign requirements applicable to the products using energy and amending Council Directive 92/42/EEC and Directives 96 /57/EC and 2000 /55/EC of the European Parliament and of the Council.

The European Parliament and the Council subsequently adopted, on 21 October 2009, the recast Directive 2009 /125/EC establishing a framework for the establishment of eco-design requirements applicable to the energy-related products and repealing Directive 2005 /32/EC of 6 July, as amended by Directive 2008 /28/EC of 11 March 2008.

In compliance with the obligations arising from Article 23 of that Directive, it is necessary to lay down the national provisions which provide for and adopt the provisions of that Directive. However, even if the obligation to transpose the Directive should be limited in principle to the provisions which constitute the substantive amendment to Directive 2005 /32/EC of 6 July and in the light of the recast of Directive 2009 /125/EC, it has been considered appropriate to recast the transposition texts by a single provision.

Therefore, this royal decree incorporates into Spanish law the Directive 2009 /125/EC of 21 October 2009, while recasting, in a single text, Royal Decree 1369/2007 of 19 October, concerning the requirements For the purposes of this Regulation, the Commission shall, in accordance with the provisions of Directive 2005 /32/EC of the European Parliament and of the Council of 21 October 2009 on the implementation of Directive 2009 /125/EC of the European Parliament and of the Council directive.

By this provision applied to energy-related products are included in addition to energy-using products, which constituted the closed scope of Directive 2005 /32/EC, many other products energy related to energy which has an important potential for improvement to reduce environmental consequences, such as windows and insulating materials used in the construction or some water-using products, such as Showers or taps, which can also be contributed to by better ecological design significant energy savings during use.

In the field established by Law 21/1992, of 16 July, of Industry, as well as that of Royal Decree 2200/1995 of 28 December, approving the Regulation of the Infrastructure for Quality and Safety Industrial, this provision comes to complement the establishment of the framework through which, by means of implementing measures, the establishment of the ecodesign requirements applicable to products that once introduced will be developed in the market or in service, they are related to energy.

In any event, in accordance with Directive 2009 /125/EC, the European Commission is responsible for the adoption of implementing measures, laying down the ecodesign requirements necessary for certain products. the energy or environmental aspects of the energy or environmental aspects of the energy, and, on the other hand, the assessment of voluntary agreements or other self-regulatory measures, which are presented as an alternative to such implementing measures.

On the other hand, Royal Decree 838/2002, dated 2 August, established the energy efficiency requirements for the ballasts of fluorescent lamps. That Royal Decree was intended to transpose Directive 2000 /55/EC of the European Parliament and of the Council of 18 September 2010 on the energy efficiency requirements of fluorescent lamp ballasts. Subsequently, the European Commission adopted in the framework of Directive 2005 /32/EC of 6 July 2009 Commission Regulation (EC) No 245/2009 of 18 March 2009 on ecodesign requirements for fluorescent lamps without ballast integrated, for high-intensity discharge lamps and for ballasts and luminaires which can operate with such lamps, where the repeal of Directive 2000 /55/EC of 18 September 2000 was established. In this way, and given the direct application to Spanish law of Regulation (EC) No 245/2009 of the Commission of 18 March 2009, by means of this royal decree, the Royal Decree 838/2002, dated 2 August, is to be repealed.

According to the provisions of Article 24.1.c) of Law 50/1997 of 27 November 1997, the present provision has been submitted to the hearing, referring to the industrial sectors concerned. Likewise, the competent bodies of the autonomous communities have been consulted and finally this royal decree has been submitted to the report of the Council for the Coordination of Industrial Security.

Equally, for its environmental impact, and in accordance with the provisions of Law 27/2006 of July 18 on the rights of access to information, public participation and access to justice in the field of human rights. of the environment, this provision has also been submitted to the public participation procedure.

In its virtue, on the proposal of the Minister of Industry, Tourism and Trade and the Minister of the Environment, and the Rural and Marine Environment, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the day 18 February 2011,

DISPONGO:

Article 1. Object and scope of application.

1. It is the object of this royal decree to establish the ecodesign requirements applicable to energy-related products, in order to contribute to sustainable development and to the protection of the environment, through increased energy efficiency, reduced pollution and increased security of energy supply.

2. The provisions of this Royal Decree shall apply to energy-related products on which enforcement measures are applicable in order to be placed on the market or put into service.

3. This royal decree shall not apply to the means of transport of persons or goods.

4. This royal decree and the implementing measures shall be without prejudice to the applicable Community legislation on waste management and chemical products, including Community legislation on fluorinated greenhouse gases. greenhouse.

Article 2. Definitions.

For the purposes of this royal decree, the following definitions shall apply:

1) 'energy-related product' (hereinafter referred to as 'the product'): all good which, when placed on the market or put into service, has an impact on energy consumption during its use, including parties which are intended to be incorporated in energy-related products, which are covered by this royal decree and placed on the market or put into service as individual parts for end-users, and whose behaviour environmental can be evaluated independently;

2) "components and sub-assemblies" means parts intended to be incorporated into products, which are not placed on the market or put into service as individual parts for end users or whose environmental performance is not can be evaluated independently;

3) "implementing measures", measures adopted by the European Commission in accordance with Directive 2009 /125/EC, laying down ecodesign requirements necessary for certain products or aspects environmental of the same;

4) 'placing on the market' means the first placing on the market of a product on the Community market with a view to its distribution or use in the European Union, either by payment or free of charge and irrespective of the technical sale;

5) "putting into service": the first use of a product for its intended purpose by the end user in the European Union;

6) "manufacturer" means any natural or legal person who manufactures products to which this royal decree applies and is responsible for its conformity, with a view to its placing on the market or placing on the market under your own name or your own brand or for your own use. In the absence of the manufacturer or the importer as defined in paragraph 8, any natural or legal person who places on the market or puts into service products to which the actual present applies shall be deemed to be the manufacturer. decree;

7) "authorised representative" means any natural or legal person established in the European Union who has received from the manufacturer a written mandate to carry out all or part of the obligations and formalities on his behalf related to this royal decree;

8) "importer" means any natural or legal person established in the European Union who places a third-country product on the Community market in the course of his or her professional activity;

9) "materials" means all materials used during the life cycle of a product;

10) "product design" means a set of processes that transform the legal, technical, security, functional, market or other requirements that the product must meet in the technical specification for that product;

11) "environmental aspect" means an element or function of a product that can interact with the environment during its life cycle;

12) "environmental impact" means any change in the environment, caused in whole or in part by a product during its life cycle;

13) "life cycle": consecutive and interrelated stages of a product, from the use of its raw material to its final disposal;

14) "reuse" means any operation by which products or components that are not waste are used again for the same purpose for which they were designed;

15) "recycling" means any recovery operation by which the waste materials are processed back into products, materials or substances, whether for the original purpose or for any other purpose. Includes the transformation of organic material, but not energy recovery or transformation into materials to be used as fuels or for infill operations;

16) "energy recovery" means the use of combustible waste to generate energy through its direct incineration with or without other waste, but with heat recovery;

17) "recovery" means any operation whose main result is that the waste serves a useful purpose by replacing other materials that would otherwise have been used to fulfil a particular function, or that the residue is prepared to fulfil that function, in the installation or in the economy in general, including in any case the non-exhaustive list of recovery operations set out in Annex II to Directive 2008 /98/EC of the European Parliament and of the Council of 19 November 2008 on waste and on which certain Directives are repealed;

18) "waste" means any of the substances or products defined as "waste" and of which the holder is detached or has the intention or obligation to divest, including in the categories laid down in the Law 10/1998 of 21 April of Waste;

19) "hazardous waste" means waste defined as "hazardous waste" and included in Law 10/1998 of 21 April of Waste;

20) "ecological profile" means a description in accordance with the implementing measure applicable to the product, inputs and outputs, such as materials, emissions and waste, associated with the product over its life cycle, which are significant from the point of view of their environmental impact and are expressed in physical quantities that can be measured;

21) "environmental performance of a product" means the results of the management by the manufacturer of the environmental aspects of the product, as reflected in its technical documentation;

22) "improving environmental performance": improving the environmental performance of a product, in successive generations, but not necessarily respecting all environmental aspects of the product simultaneously;

23) "green design": integration of environmental aspects into product design in order to improve their environmental performance throughout their life cycle;

24) "ecodesign requirement" means any requirement in relation to a product, or to the design of a product, aimed at improving its environmental performance or for the provision of information on aspects environmental of a product;

25) "generic ecodesign requirement" means any ecodesign requirement based on the ecological profile as a whole of a product without setting limit values for certain environmental aspects;

26) "specific environmental design requirement" means a quantified and measurable ecological design requirement in relation to a particular environmental aspect of a product, such as energy consumption during use, calculated for the performance of a given production unit and

27) "harmonised standard" means any technical specification adopted by a recognised standardisation body, in accordance with a mandate from the Commission, in accordance with the procedures laid down in Directive 98 /34/EC of the European Parliament and of the Council Parliament and the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations for the purpose of establishing a European requirement, the observance of which is not binding.

Article 3. Placing on the market or putting into service.

1. The competent authorities of the Autonomous Communities shall take all appropriate measures in order to:

(a) organise appropriate checks on the conformity of the product and require the manufacturer or his authorised representative to withdraw products which are not in conformity with the provisions of Article 8 on safeguard;

b) request the supply of all necessary information to the affected parties, as specified in the execution measures and

c) take product samples and submit them to compliance tests.

2. Without prejudice to the inspection and control measures to be carried out by the competent authorities in the field of the autonomous communities in their territory, the Ministry of Industry, Tourism and Trade may promote, in collaboration with the respective Autonomous Communities, and carry out national verification plans and campaigns, by sampling and testing in accordance with the conditions of compliance with the products of the implementing measures, corresponding to the competent administration in the field of industry the execution of the on their territory.

3. Where the competent authorities have serious indications of the likely non-compliance of a product with respect to the requirements in the applicable implementing measures, it shall initiate a procedure for verifying the conformity of the product and order the a reasoned assessment, which must be carried out by a competent body, in order to enable the necessary corrective measures to be taken in time, initiating the procedure for sanctioning that there should have been and notifying it, where appropriate, to the Ministry of Industry, Tourism and Trade in accordance with Article 4.3 of this royal decree.

The competent bodies which may act in the procedure for verifying the conformity of a product to compliance with the requirements laid down in the applicable implementing measures shall be public bodies or private persons offering guarantees of impartiality, independence, efficiency and availability of specific technical knowledge relating to their field of action, authorised by the competent authority of the autonomous territory where the bodies begin their activities or radiate their facilities. However, within the framework of the plans and campaigns of a national nature carried out by the Ministry of Industry, Tourism and Trade, these competent bodies shall be bodies authorized for this activity by the Director General of Industry of the Ministry of Industry, Tourism and Trade.

Article 4. Control and administrative action.

1. The competent authorities for the application of the provisions of this royal decree shall be those of the autonomous communities, in accordance with the provisions of Law 21/1992 of 16 July 1992 on Industry and other provisions applicable to Industry.

2. Consumers and other interested parties will have the opportunity to submit comments to the competent authorities on the conformity of products, as provided for in the rules governing the participation of interested parties in the the administrative procedure.

3. The General Administration of the State shall keep the European Commission informed of the results, at national level, of market surveillance activities, which shall be provided by the competent authorities of the autonomous communities. Ministry of Industry, Tourism and Trade. The General Administration of the State shall also receive information from other Member States transmitted by the European Commission.

4. However, and in any event, the requirements for market surveillance activity are regulated by Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008, directly applicable throughout the territory of the European Union. the European Union and whose application in Spain is part of the national legislation that develops the instruments of a normative, organizational and procedural nature of the Spanish system of market surveillance of the products.

Article 5. Importer's responsibilities.

If the manufacturer is not established in the European Union and does not have an authorised representative, the importer shall have the obligation to:

(a) ensure that the product placed on the market or put into service complies with the provisions of this Royal Decree as well as the applicable implementing measure; and

(b) maintain the declaration of conformity and the technical documentation at the disposal of the competent authorities for a period of at least 10 years after the date on which this product was last imported into the territory of the territory of the community.

Article 6. CE conformity marking and declaration.

1. Before placing on the market and putting into service a product to which the implementing measures apply, the manufacturer or his authorised representative in the European Union shall affix the CE marking and issue a declaration of EC conformity by which it is ensured and declares that the product complies with all relevant provisions of the applicable implementing measure.

2. The CE marking shall be affixed in accordance with Annex III and shall give the presumption of conformity of a product with all relevant provisions of the applicable implementing measure.

3. The Declaration of Conformity, referred to the implementing measure applied and drawn up in one of the official languages of the European Union, at least in Spanish for equipment placed on the market in Spain, shall contain at least the elements which are specified in Annex VI.

4. The competent authorities of the autonomous communities, within the scope of their powers, shall take the necessary measures to prohibit and prevent the placing on the products, packaging or instructions for use of other markings. similar to the CE marking, either in meaning or graphic form, which may mislead third parties and create confusion with the CE marking itself. In any event, the competent authorities shall notify the Ministry of Industry, Tourism and Trade, in accordance with Article 4.3 of this royal decree, of the decisions taken.

5. All information to be submitted in accordance with Part 2 of Annex I on requirements relating to the provision of information, when the product reaches the end user, must be written in Spanish (may also include other texts identical in other official languages of Spain). In any case, in particular, account shall be taken of:

(a) if the information can be provided by harmonised symbols, recognised codes or other measures;

b) the expected user type of the product and the nature of the information to be provided.

Article 7. Free movement.

1. It shall not prohibit, limit, or impede the placing on the market or the putting into service, due to the ecodesign requirements related to the ecodesign parameters referred to in Part 1 of Annex I, to which it appears the applicable implementing measure, of a product that complies with all relevant provisions of the applicable implementing measure and bears the CE marking in accordance with Article 6.

2. The placing on the market and the putting into service of a product bearing the CE marking in accordance with Article 6 shall not be prohibited, limited or impeded by the ecological design requirements related to the design parameters. The ecological design requirements of Annex I, Part 1, in respect of which the applicable implementing measure provides that the ecodesign requirement is not necessary.

3. The presentation, for example at trade fairs, exhibitions and other similar events, of a product which does not comply with the provisions of the applicable implementing measure shall not be impeded, provided that it is clearly indicated by an indication visible, that these products shall not be placed on the market or put into service as long as they do not comply with the actual decree and the applicable implementing measure.

Article 8. Safeguard clause.

1. Where the competent authorities of the autonomous communities check that a product bearing the CE marking referred to in Article 6 and used in accordance with the intended use does not comply with all the relevant provisions of the measure Where applicable, the manufacturer or his authorised representative or on whom the CE marking has been affixed or placed the product on the domestic market shall be required to make the product comply with the provisions of the enforcement, the provisions on the CE marking and to put an end to such an infringement under the conditions established by that authority.

Where there is sufficient evidence that a product may not comply with the relevant provisions, the competent authorities of the Autonomous Communities shall take the necessary measures which, depending on the seriousness of the Failure to comply, may result in a ban on the placing of the product on the market, until compliance is restored.

In the event of the failure to comply, the competent authorities of the Autonomous Communities shall take a decision to limit or prohibit the placing of the product on the market or put into service of the product considered or to be sure of their withdrawal from the market.

Any decision taken pursuant to this provision which limits or prohibits the placing on the market or putting into service of a product shall establish the grounds on which it is based and shall be notified as soon as possible to the interested, with the expression of the resources they come from, an organ to which they would have to present themselves and the time limit for bringing them together.

2. The competent authority which has adopted any of the measures taken pursuant to paragraph 1 shall immediately inform the Ministry of Industry, Tourism and Trade, which in turn shall inform the European Commission and the other States. members, indicating the grounds on which it is based and specifying, in particular, whether the non-conformity of the product is due to:

a) a non-compliance with the applicable execution measure requirements;

(b) the incorrect application of the harmonised standards referred to in Article 10 (2

;

(c) deficiencies of the harmonised standards themselves referred to in Article 10 (2

.

3. The General Administration of the State shall take appropriate measures on the basis of information from the European Commission on the justification of the measure and ensuring confidentiality during the procedure.

4. In any event, decisions taken by the competent authorities under this Article shall be made publicly available in a transparent manner.

5. Any decision taken in accordance with this Royal Decree on the withdrawal of an apparatus from the market, the prohibition or restriction of its placing on the market or putting into service, or the restriction of its free movement, shall include the exact motivation on which that decision is based. These decisions shall be notified as soon as possible to the party concerned, which shall be informed at the same time of the available resources and of the time limits for their submission, in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Legal of Public Administrations and of the Common Administrative Procedure.

Article 9. Assessment of compliance.

1. Before placing on the market or putting into service a product to which the implementing measures are applicable, the manufacturer or his authorised representative shall ensure that an assessment of the conformity of the product is carried out with all relevant requirements of the applicable implementing measure.

2. The conformity assessment procedures shall be specified in the implementing measure and shall allow manufacturers to choose between the internal control of the design provided for in Annex IV and the management system provided for in Annex V. Duly justified and proportionate to the risk, the conformity assessment procedure shall be specified among the relevant modules described in Decision 768 /2008/EC of the European Parliament and of the Council of 9 July.

3. If the design of a product to which the implementing measures apply is carried out by an organisation registered in accordance with Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation of organisations in a Community eco-management and audit scheme (EMAS) and the ecodesign function is included in the implementation of the scheme and in its environmental statement, the system of management of that organisation meets the requirements of Annex V of this royal decree on management systems for conformity assessment.

It may be considered as a means of testing the management system for the conformity assessment of a product, the application of an ecodesign system based on national ecodesign standards that would have been approved by the Director-General of Industry of the Ministry of Industry, Tourism and Trade, within the scope of its powers and provided that those rules include the ecodesign requirements applicable to the product.

In market surveillance controls to be followed in accordance with the verification or conformity assessment procedures on the implementing measures applicable to the product, it is established as a presumption of compliance with the submission of a technical report or certificate of an ecodesign management system issued by an authorised competent body in accordance with Article 3.3 of this Royal Decree and, where appropriate, in accordance with national rules ecodesign.

4. Similarly, if the design of a product to which the implementing measures apply is carried out by an organisation which has a management system which includes the design function of the product and which is applied in accordance with standards harmonised, the reference numbers of which have been published in the Official Journal of the European Union, it shall be presumed that the management system complies with the relevant requirements of Annex V.

5. Following the placing on the market or putting into service of a product to which the implementing measures are applicable, the manufacturer or his authorised representative shall keep all relevant documents relating to the assessment of the the conformity made and the declarations of conformity issued, at the disposal of the competent authorities, for a period of at least 10 years after the date on which this product was last manufactured.

Relevant documents shall be made available within 10 days of the request made by the competent authorities.

6. The documents relating to the conformity assessment and the declaration of conformity referred to in Article 6 may be drawn up in one of the official languages of the institutions of the European Union and at least in Spanish for the appliances marketed in Spain.

Article 10. Presumption of conformity and harmonised standards.

1. Products to which harmonised standards have been applied, the references of which have been published in the Official Journal of the European Union, shall be deemed to comply with the relevant requirements of the implementing measure applicable to the refer to those rules.

This presumption of conformity is understood to be limited to the scope of the harmonised standards applied and to the relevant requirements of the applicable implementing measure covered by such harmonised standards.

2. Where the General Administration of the State considers that harmonised standards, the application of which is supposed to satisfy the specific provisions of an applicable implementing measure, do not fully comply with those provisions, it shall initiate the the information procedure set out in Royal Decree 1337/1999 of 31 July, which regulates the referral of information in the field of technical standards and regulations and regulations relating to the services of the company information, stating the reasons.

3. Products which have been awarded the Community eco-label in accordance with Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community system for the granting of eco-label or in accordance with Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the Ecolabel in the EU, comply with the ecodesign requirements of the applicable implementing measure, provided that the eco-label complies with those requirements. In the same way, the Environmental Statements of Product (DAP) granted by organisms that administer programs of those eco-labels Type III according to the standard "UNE-EN ISO 14025" will be recognized as long as these declarations Product Environmental meets the ecological design requirements of the applicable implementing measures.

For the purpose of the presumption of conformity and in the context of this royal decree, when other eco-labels, recognised by the European Commission as equivalent, fulfil similar conditions to the eco-label Pursuant to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009, the products, to which those other eco-labels have been granted, shall be deemed to comply with the design requirements. the ecological label of the applicable implementing measure, provided that the eco-label complies requirements.

Article 11. Requirements for components and subsets.

Implementing measures may require manufacturers or their authorised representatives to place on the market or place components or subassemblies on the market, to facilitate the manufacturer of a product to which they are implementation of the implementing measures, relevant information on the material composition and energy consumption, materials or resources of the components or subassemblies.

In any event, the information provided by the manufacturer or his authorised representative shall be proportionate and taking into account the legitimate confidentiality of the information from the commercial point of view.

Article 12. Administrative cooperation and exchange of information.

For administrative cooperation and exchange of information with the European Commission and the Member States, where the General Administration of the State will act as responsible, it will be used as far as possible, to the electronic means of communication and, in particular, for the application of the information procedure laid down in Article 8 of this royal decree.

Article 13. Small and medium-sized enterprises.

The General Administration of the State and the Administrations of the Autonomous Communities will promote, in particular through the reinforcement of networks and structures of support, that small and medium enterprises (SMEs) and micro-enterprises develop an environmental approach, including energy efficiency from the design of the product, and adapt to future European legislation.

Article 14. Consumer information.

In accordance with the applicable implementing measure, manufacturers shall ensure, in the form they consider appropriate, that all necessary information, written in Spanish, is provided to consumers of products. incorporate other identical texts in other official languages of Spain, in addition to:

(a) the necessary information on the role they can play in the sustainable use of the product;

(b) where the implementing measures so require, the ecological profile of the product and the benefits of the ecological design.

Article 15. Implementing measures.

1. The implementing measures adopted shall establish ecodesign requirements in accordance with Annex I or Annex II and shall include the elements listed in Annex VII.

Specific environmental design requirements will be introduced for certain environmental aspects that have a significant environmental impact.

Implementing measures may also provide that the ecodesign requirement in relation to some of the ecological design parameters referred to in Part 1 of Annex I is not necessary.

2. The established enforcement measures shall comply with the following criteria:

a) there will be no significant negative impact on the functionality of the product, from the perspective of the users;

(b) health, safety and the environment shall not be adversely affected;

(c) there will be no significant negative impact on consumers, in particular on the affordability and cost of the product life cycle;

d) no significant negative impact on the competitiveness of the industry will occur;

e) in principle, the establishment of a specific environmental design requirement will not result in the imposition of a specific technology on manufacturers;

f) an excessive administrative burden shall not be imposed on the manufacturer.

3. A product shall be deemed to be subject to the application of an implementing measure or a self-regulation measure, if it meets the following criteria:

(a) the product will represent a significant volume of sales and trade, on an indicative basis, to 200,000 units in the European Union and in the space of one year according to the latest figures;

(b) the product, taking into account the quantities placed on the market or put into service, will have an important environmental impact within the European Union, as defined in the strategic priorities Community action under Decision No 1600 /2002/EC of the European Parliament and of the Council of 22 July 2002 establishing the Sixth Community Environment Action Programme;

(c) the product shall have significant potential for improvement as regards the environmental impact without incurring excessive costs, taking particular account of:

1. No other relevant Community legislation or that market forces have not acted adequately,

2. º that there is a wide disparity of environmental performance among the products available on the market with equivalent functionality.

4. Where legally appropriate, the Director-General of Industry of the Ministry of Industry, Tourism and Trade may, in the field of his/her powers, approve the actions resulting from the implementing measures referred to in this Article. decree.

Article 16. Self-regulation.

1. Voluntary agreements or other self-regulatory measures presented as alternative solutions to implementing measures, in the context of this Royal Decree, will be the subject of an evaluation by the European Commission under the Directive. 2009 /125/EC at least on the basis of Annex VIII.

2. The Director-General of Industry of the Ministry of Industry, Tourism and Trade may, in the field of his/her powers, approve the actions resulting from the voluntary agreements or other self-regulatory measures referred to in paragraph 1. previous.

Article 17. Sanctioning regime.

Failure to comply with this royal decree and the corresponding implementing measures shall be punishable, as appropriate, in accordance with the provisions of Title V of Law 21/1992 of 16 July 1992 on Industry and, where appropriate, in its regulatory development standards.

Single repeal provision. Regulatory repeal.

1. Royal Decree 1369/2007 of 19 October 2007 on the establishment of ecodesign requirements applicable to products using energy is hereby repealed, without prejudice to the regulatory amendments made to its provisions first, second, and third end.

2. Also repealed is Royal Decree 838/2002 of 2 August, laying down the requirements for the energy efficiency of the ballasts of fluorescent lamps

Final disposition first. Competence title.

This royal decree is issued in accordance with the provisions of Article 149.1 of the Constitution, which attribute to the State the competence on the basis and coordination of the general planning of the economy and of environmental protection.

Final disposition second. Regulatory enablement.

1. Under the order of the Minister of the Presidency, delivered on a proposal from the Ministers of Industry, Tourism and Trade and the Environment, and the Rural and Marine Environment, they will be dictated, in the field of the competences of the General Administration of the State, the exclusively technical provisions necessary to ensure the proper implementation of this royal decree.

2. On the same terms, the technical conditions laid down in this royal decree, and in particular the Annexes thereto, shall be amended to keep it in line with the innovations in the state of the art and in particular to the provisions of the rules of law of the European Union.

Final disposition third. Advertising of the implementing measures and of harmonised standards.

1. The Director-General of Industry of the Ministry of Industry, Tourism and Trade may approve and publish, within the scope of his powers, the lists corresponding to the harmonised standards and, where appropriate, the approved "implementing measures".

In addition to being published in the "Official State Gazette", these lists and implementing measures will be published, for information, on the website of the Ministry of Industry, Tourism and Trade.

2. They may also be published on the website of the Ministry of Industry, Tourism and Trade, as well as information, voluntary agreements or other self-regulatory measures referred to in Article 16 of this Directive. decree.

Final disposition fourth. Incorporation of European Union law and update of regulatory referrals.

1. This royal decree incorporates into Spanish law Directive 2009 /125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the establishment of ecodesign requirements applicable to the energy-related products.

2. References made, in the existing laws, regulations and administrative provisions, to Directive 2005 /32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the establishment of ecodesign applicable to products using energy and amending Council Directive 92/42/EEC and Directives 96 /57/EC and 2000 /55/EC of the European Parliament and of the Council shall be construed as references to Directive 2009 /125/EC of the European Parliament and of the Council The European Parliament and the Council of 21 October 2009 establishing a framework for the Establishment of ecodesign requirements for energy-related products.

Final disposition fifth. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on February 18, 2011.

JOHN CARLOS R.

The Minister of the Presidency,

RAMON JAUREGUI STUNNED

ANNEX I

Method for setting generic ecodesign requirements

Generic ecodesign requirements tend to improve the environmental performance of products, focusing on significant environmental aspects without setting limit values. The method referred to in this Annex should apply in cases where it is not appropriate to set limit values for the group of products examined.

By having the implementing measures laying down the ecodesign requirements in accordance with Article 15, for products subject to these measures, the appropriate ecodesign requirements should be established between the parameters listed in Part 1, the requirements for the provision of information between those listed in Part 2 and the requirements for the manufacturer among those listed in Part 3.

Part 1. Ecological design parameters for the products

1.1 Significant environmental aspects should be determined with reference to the following phases of the product life cycle, in so far as they are related to the design of the product:

a) selection and use of raw materials;

b) manufacturing;

c) packaging, transport and distribution;

d) installation and maintenance;

e) utilization; and

f) end of life, thus understanding the status of a product that has reached the end of its first use, until the final disposal.

1.2 At each stage, the following environmental aspects should be assessed, where appropriate:

(a) expected consumption of materials, energy and other resources, such as fresh water;

(b) intended emissions into the atmosphere, water or soil;

c) expected contamination by physical effects such as noise, vibration, radiation, electromagnetic fields;

d) expected generation of waste; and

(e) possibilities for reuse, recycling and recovery of materials and/or energy, taking into account Directive 2002/96/EC of the European Parliament and of the Council of 27 January on waste electrical equipment and electronic, transposed by Royal Decree 208/2005 of 25 February on electrical and electronic equipment and the management of its waste.

1.3 In particular, the following parameters should be used, as appropriate, and supplemented with others, if necessary, to assess the potential for improvement of the environmental aspects mentioned in the previous:

a) product weight and volume;

b) use of materials from recycling activities;

c) consumption of energy, water, and other resources over the life cycle;

(d) use of substances classified as hazardous to health or the environment, in accordance with Council Directive 67 /548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances and taking into account the legislation on the marketing and use of certain substances, such as Directives 76 /769/EEC, Council of 27 July on the approximation of the laws of the Member States, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations and Directive 2002/95/EC of the European Parliament and of the Council of 27 January on restrictions on the use of certain hazardous substances in electrical and electronic equipment;

e) quantity and nature of consumables required for proper maintenance and utilization;

f) ease of reuse and recycling, expressed by: number of materials and components used, use of standard components, time required for the disassembled, complexity of the tools required for the disassembled, use of coding standards for materials and components, for the purpose of determining the appropriate components and materials for reuse and recycling (including marking of plastic parts in accordance with the rules ISO), use of easily recyclable materials, ease of access to valuable and recyclable components and materials, ease of access to components and materials containing dangerous substances;

g) incorporation of used components;

h) non-use of technical solutions detrimental to the reuse and recycling of components and whole appliances;

i) extension of useful life expressed through: minimum guaranteed shelf life, minimum time limit for availability of spare parts, modularity, possibility of extension or improvement, possibility of repair;

j) amount of waste generated and amount of hazardous waste generated;

k) emissions into the atmosphere (greenhouse gases, acidifying agents, volatile organic compounds, ozone depleting substances, persistent organic pollutants, heavy metals, fine particles and suspended particles), subject to the provisions of Directive 97 /68/EC of the European Parliament and of the Council of 16 December 1997 on the approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines which are install on non-road mobile machines;

l) emissions into water (heavy metals, substances with harmful effects on oxygen balance, persistent organic pollutants); and

m) emissions to the soil (especially discharges and losses of hazardous substances during the use phase of the product, and the potential for leaching when disposed of as waste).

Part 2. Requirements regarding the provision of information

Implementing measures may require the manufacturer to provide information that may influence the way in which the product is treated, used or recycled by different stakeholders from the manufacturer. This information may include, if applicable:

a) designer information about the manufacturing process;

(b) information for consumers on the significant environmental characteristics and behaviour of the product accompanying the product when it is placed on the market so that the consumer can compare these aspects of the products;

c) information for consumers on how to install, use and maintain the product in order to minimize their impact on the environment and to ensure optimal life expectancy, as well as the way to return the product at the end of its life and, where applicable, information on the period of availability of spare parts and the possibilities for improving the product; and

d) information for treatment facilities on the disassembled, recycled, or disposal at the end of their life cycle.

Whenever possible, the information must be indicated on the product itself.

This information will take into account the obligations laid down in other Community rules, such as Directive 2002/96/EC of 27 January.

In any event, the information provided by the manufacturer or his authorised representative shall be proportionate and taking into account the legitimate confidentiality of the commercially sensitive information.

Part 3. Requirements for the manufacturer

1. Taking into account the environmental aspects identified in the implementing measure as factors in which it can be substantially influenced through the design of the product, the manufacturers of the product should carry out an assessment of a model of product over its life cycle, based on realistic assumptions about the normal conditions and for the intended purposes. Other environmental aspects may be examined on a voluntary basis.

On the basis of this assessment, manufacturers should develop the product's ecological profile. It should be based on the product characteristics relevant to the environment and the inputs/outputs during the life cycle of the product, expressed in physical quantities that can be measured.

2. Manufacturers should use this assessment to assess alternative design solutions as well as the environmental performance of the product compared to benchmarks based on information obtained during the preparation of the product. execution measure.

The choice of a specific design solution will achieve a reasonable balance between the various environmental aspects and between environmental aspects and other relevant considerations, such as health and safety, technical requirements for functionality, quality and performance, and economic aspects, including manufacturing and marketing costs, while respecting all relevant legislation.

ANNEX II

Method for setting specific ecodesign requirements

Specific environmental design requirements aim to improve a certain environmental aspect of the product. They may take the form of requirements for a reduced consumption of a given source, such as the limits of use of this resource in the various stages of the life cycle of the product, as appropriate (for example, water consumption limits in the stages of use or the quantities of a certain material incorporated in the product or required minimum quantities of recycled material.)

By having the implementing measures laying down the specific ecodesign requirements in accordance with Article 15, for products subject to these measures, the relevant ecological design parameters should be determined. among those listed in Part 1 of Annex I, and the levels of those requirements shall be established in accordance with the regulatory procedure of and by the European Commission.

ANNEX III

CE Marking

CE marking will consist of the initials "CE" with the following form:

The CE marking must have a height of at least 5 mm. In case of a reduction or increase in size, the proportions of this logo should be retained.

CE marking must be placed on the product. If this is not possible, it must be placed on the packaging and in the supplementary documentation.

When the product is subject to other Community directives covering other aspects and which also provide for the CE marking, this marking shall mean that the product is also in conformity with the provisions of those other Directives.

ANNEX IV

Internal design control

1. This Annex describes the procedure whereby the manufacturer or his authorised representative who fulfils the obligations laid down in this Annex, paragraph 2, ensures and declares that the product satisfies the relevant requirements of the applicable implementing measure. The EC declaration of conformity may refer to one or more products and must be retained by the manufacturer.

2. The manufacturer must produce a record of technical documentation to enable the conformity of the product to be assessed with the requirements of the applicable implementing measure.

The documentation must include, in particular:

a) a general description of the product and its intended use;

(b) the results of the relevant environmental assessment studies carried out by the manufacturer and references to the documentation or practical environmental assessment cases that have been used by the manufacturer in the assessment, documentation and determination of the product design solutions;

c) the ecological profile if required by the implementing measure;

d) elements of the product design specification relating to environmental design aspects of the product;

e) a list of the harmonised standards referred to in Article 10, applied in whole or in part, and a description of the solutions adopted to meet the requirements of the applicable implementing measure, in case of the standards referred to in Article 10 have not been applied or do not fully comply with the requirements of the applicable implementing measure;

(f) a copy of the information relating to the environmental design aspects of the product, to be provided in accordance with the requirements set out in Part 2 of Annex I;

g) the results of measurements relating to the ecological design requirements made, including the details of the conformity of these measurements compared to the ecodesign requirements set out in the measure applicable execution.

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 requirements of the applicable measure.

ANNEX V

Compliance assessment management system

1. This Annex describes the procedure whereby the manufacturer who satisfies the obligations of this Annex, paragraph 2, ensures and declares that the product satisfies the requirements of the applicable implementing measure. The EC declaration of conformity may refer to one or more products and must be retained by the manufacturer.

2. A management system for the conformity assessment of a product may be used provided that the manufacturer applies the environmental elements specified in paragraph 3 of this Annex.

3. Environmental elements of the management system.

This paragraph specifies the elements of the management system and the procedures by which the manufacturer can demonstrate that the product complies with the requirements of the applicable implementing measure.

3.1 Policy on the environmental performance of products.

The manufacturer must be able to demonstrate compliance with the requirements of the applicable implementing measure. The manufacturer should also be able to provide a framework for establishing and reviewing the objectives and indicators of environmental performance of the targets with a view to improving the overall environmental performance of the product.

All the measures taken by the manufacturer to improve the overall environmental performance of the product and to establish its ecological profile, if required by the implementing measure, by design and manufacturing be systematically and consistently documented in the form of written instructions and procedures.

Such instructions and procedures should contain, in particular, an appropriate description of:

(a) the list of documents to be prepared to demonstrate the conformity of the product and, if necessary, have to be available;

(b) the objectives and indicators of environmental performance of the product and the organisational structure, responsibilities, management powers and allocation of resources with respect to its implementation and maintenance;

(c) tests and tests to be carried out after manufacturing to verify the behaviour of the product in relation to indicators of environmental performance;

d) the procedures for controlling the required documentation and ensuring its update; and

e) the method of verifying the application and effectiveness of the environmental elements of the management system.

3.2 Planning.

The manufacturer must work out and maintain:

a) procedures for establishing the product's ecological profile;

(b) objectives and indicators of the environmental performance of the product, where technological options will be considered in the light of economic and technical requirements; and

c) a program to achieve these goals.

3.3 Execution and documentation.

3.3.1 to documentation relating to the management system should cover in particular the following:

(a) responsibilities and competences should be defined and documented in order to ensure an effective environmental performance of the product and to report on its functioning for review and improvement;

(b) the documents must be prepared by indicating the design verification and control techniques applied and the systematic processes and measures used when designing the product; and

(c) the manufacturer should establish and maintain information by which he describes the essential environmental elements of the management system and the control procedures for all required documents;

3.3.2 The product documentation will specify, in particular:

a) a general description of the product and its intended use;

(b) the results of the relevant environmental assessment studies carried out by the manufacturer, or the references to documentation or environmental assessment cases that have been used by the manufacturer in the assessment, documentation and determination of product design solutions;

c) the ecological profile, if required by the implementing measure;

(d) in the documents the results of the measurements relating to the ecodesign requirements carried out shall be described, including details of the conformity of these measurements in comparison with the design requirements Environmental standards set out in the applicable implementing measure;

(e) the manufacturer must draw up specifications indicating, in particular, the rules which have been applied; whether the rules referred to in Article 10 do not apply or if they do not fully comply with the requirements of the applicable execution, the means used to ensure compliance; and

(f) a copy of the information relating to the environmental aspects of the product design, to be provided in accordance with the requirements set out in Part 2 of Annex

.

3.4 Verification and Correction.

(a) the manufacturer must take all necessary measures to ensure that the product is manufactured in accordance with the design and requirements characteristics established by the applicable implementing measure;

(b) the manufacturer should develop and maintain procedures for the investigation and treatment of non-compliance cases, and shall introduce changes in the documented procedures resulting from the corrective action, and

(c) the manufacturer must carry out at least every three years a complete audit of the management system with regard to the environmental elements.

ANNEX VI

Declaration of Compliance

The EC declaration of conformity, drawn up in one of the official languages of the European Union and preferably in Spanish for equipment placed on the market in Spain, shall contain at least the following elements:

1. Name and address of the manufacturer or his authorised representative.

2. Appropriate description of the model for unambiguous identification.

3. Where appropriate, references to the harmonised standards applied.

4. Where appropriate, the other specifications and technical standards applied.

5. Where appropriate, the reference to other Community legislation, providing for the affixing of the CE marking, which has been applied.

6. Identification and signature of the person authorised to sign the legally binding declaration on behalf of the manufacturer or his authorised representative.

ANNEX VII

Content of the execution measures

The execution measure will include, in particular:

1. The exact definition of the type or types of products subject to such measures.

2. The ecodesign requirements of the product subject to such measures, the date of application and the transitional or provisional measures or periods,

(a) in the case of generic ecodesign requirements, the relevant phases and aspects between those referred to in Annex I, parts 1.1 and 1.2, accompanied by examples of the parameters referred to in Annex I, Part 1.3, as a guide when assessing improvements relating to the environmental aspects identified;

b) in case of specific ecodesign requirements, their level.

3. The ecological design parameters referred to in Part 1 of Annex I for which ecodesign requirements are not necessary.

4. The requirements relating to the installation of the product if they have a direct relevance to the environmental performance considered.

5. The measurement standards and measurement methods to be used; if available, harmonised standards should be used, the reference numbers of which have been published in the Official Journal of the European Union.

6. Details of the conformity assessment pursuant to Decision 768 /2008/EC of the European Parliament and of the Council of 9 July.

a) if the module or modules to be applied are different from module A, the factors that have led to the selection of that specific procedure;

(b) where applicable, the criteria for the approval or certification of third parties.

If other Community requirements for the same product set different modules, the module defined in the execution measure must prevail for the requirement in question.

7. Requirements concerning the information to be provided by manufacturers and in particular the elements of the technical documentation required for the purpose of facilitating the control of the conformity of the product with the applicable implementing measure.

8. The duration of the transitional period during which the Member States shall permit the placing on the market or putting into service of the product which complies with the regulations in force on its territory at the date of adoption of the execution.

9. The date for the assessment and possible review of the implementing measure, taking into account the speed with which technological developments take place.

ANNEX VIII

Evaluation of voluntary agreements or other self-regulatory measures

In addition to the fundamental legal requirement that self-regulation initiatives will respect all the provisions of the Treaty on the Functioning of the European Union (in particular those relating to the internal market and the rules of competence), as well as the commitments made by the European Union at international level, including multilateral trade rules, the following non-exhaustive list of indicative criteria may be used for the purpose of assessing eligibility of self-regulation initiatives as alternative solutions to a measure of execution in the context of this royal decree:

1. Free participation. -Third country operators will be able to participate in self-regulatory initiatives, both in the preparatory phase and in the implementation phase.

2. Added value. -Self-regulation initiatives will generate added value (more than guarantee the maintenance of the usual values) in terms of improving the overall environmental performance of the product subject to such measures.

3. Representativeness.-Industry and associations of the same industry involved in a self-regulation action must represent a large part of the economic sector in question, with as few exceptions as possible. Particular attention should be paid to respect for competition rules.

4. Quantified and staggered objectives.-The objectives defined by the stakeholders will be clearly and unambiguously established, starting with a well-defined baseline. In the event that the self-regulation initiative covers an extended period, provisional targets will be included. Compliance with targets and targets (provisional) in a credible and credible manner using clear and reliable indicators will be possible. Information on research and data on scientific and technological background shall facilitate the development of such indicators.

5. Civil society participation.-To ensure transparency, self-regulation initiatives should be published, including the use of the Internet and other electronic means of dissemination of information.

The same goes for interim and definitive control reports. Interested parties, in particular the Member States, industry, NGOs working in the field of the environment and consumer associations, will have the opportunity to make comments on an initiative to self-regulation.

6. Control and information. -Self-regulatory initiatives will contain a well defined control system, with clearly identified responsibilities for industry and independent verifiers.

The control and information plan must be detailed, transparent and objective.

7. The cost/effectiveness of the management of a self-regulation initiative-the cost of managing self-regulatory initiatives, in particular as regards control, should not lead to an administrative burden. disproportionate compared to its objectives and other available policy instruments.

8. Sustainability. -Self-regulation initiatives must respond to the policy objectives of this royal decree, including the integrated approach, and must be in line with the economic and social dimension of sustainable development. The protection of the interests of consumers (health, quality of life or economic interests) must be integrated.

9. Compatibility of incentives. -There is a possibility that self-regulation initiatives will not deliver the expected results in case other factors and incentives-market pressure, taxes and national legislation-send signals. contradictory to the participants in the self-regulation initiative. Policy coherence is essential in this respect and will be taken into account when assessing the effectiveness of the initiative.