This royal decree introduces into Spanish law the Directive 2005 /32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the establishment of eco-design applicable to energy-using products, the purpose of which is to achieve a high level of environmental protection by reducing the possible environmental impact of products using energy for their operation and improving the energy efficiency of industrial products while maintaining their functional qualities. In order to achieve this objective, it is necessary to act during the design phase of the product, since the pollution caused during its life cycle is determined precisely during this phase. In the field established by Law 21/1992, of 16 July, of Industry, as well as that of the Royal Decree-to 2200/1995, of December 28, for which the Regulation of the Infrastructure for Quality and Industrial Safety is adopted, the the regulatory framework through which the establishment of the ecodesign requirements applicable to products will be developed by means of new provisions or by means of implementing measures, placed on the market or put into service, depend on a source of energy (electricity, fossil fuels and renewable energy sources) for their operation. In any event, in accordance with Directive 2005 /32/EC, the European Commission is responsible for the adaptation of implementing measures, laying down the ecodesign requirements necessary for certain products using energy (EuP). or environmental aspects of these measures and, on the other hand, the assessment of the admissibility of voluntary self-regulation agreements, which are an alternative to such measures. In accordance with Article 24.1.c of Law 50/1997 of 27 November of the Government, this 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 Coordinating Council for Industrial Security. In its virtue, on a proposal from the Minister for Industry, Tourism and Trade and the Minister for the Environment, in agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 19 October 2007

D I S P O N G O:

Article 1. Object and scope of application.

1. It is the purpose of this royal decree to establish the ecodesign requirements applicable to products that rely on a source of energy for their operation, 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 products to which implementing measures are applicable and which, once they are placed on the market, use or rely on a source of energy for their operation and operation. 3. This royal decree shall not apply to the means of transport of persons or goods. 4. This royal decree and implementing measures shall be without prejudice to the applicable Community legislation on waste management and chemical products, including Community legislation on fluorinated gases greenhouse.

Article 2. Definitions.

For the purposes of this royal decree, the following definitions shall apply: 1. "energy-using product (EuP)" means any product which, after being placed on the market or put into service, depends on a source of energy (electricity, fossil fuels and renewable energy sources) to operate in the manner envisaged; or a product intended for the generation, transfer or measurement of such energy, including parts which are dependent on a source of energy and are intended to be incorporated into the EuPs, covered by this Royal Decree and placed on the market or placed in service as individual parts for end users, and whose environmental performance can be evaluated independently;

2) "components and sub-assemblies": parts intended to be incorporated into the EuPs, which are not placed on the market or put into service as individual parts for end-users or whose environmental performance cannot be assessed independently; (3) "implementing measures", measures adopted by the European Commission in accordance with Directive 2005 /32/EC setting out the ecodesign requirements necessary for certain EuPs or environmental aspects of the same; 4) "marketing": first making available to a EuP in the Community market with a view to its distribution or use in the European Community, by payment or free of charge and irrespective of the selling technique; 5) 'putting into service': the first use of a EuP for its intended purpose 'manufacturer' means any natural or legal person who manufactures EuP covered by this royal decree and who is responsible for its conformity, with a view to placing it on the market or putting it into service under his or her own name or its own brand or for its own use. In the absence of the manufacturer or importer as defined in paragraph 8, any natural or legal person who places on the market or puts into service EuP covered by this royal decree shall be deemed to be the manufacturer: any natural or legal person established in the European Community who has received from the manufacturer a written mandate to carry out on his behalf all or part of the obligations and formalities relating to this royal decree; 'importer' means any natural or legal person established in the European Community who places on the Community market a product of a third country in the exercise of its professional activity; 9) "materials": all the materials used during the life cycle of the EuPs; 10) "product design": a set of processes that transform the legal, technical, security, functional, market or other requirements to be met by the EuP in the technical specification for that EuP; 11) 'environmental aspect': an element or function of an EuP that can interact with the medium environment during its life cycle; 12) "environmental impact": any change in the environment, caused in whole or in part by a EuP during its life cycle; 13) 'life cycle': consecutive and inter-related stages of a EuP, from the use of its raw material to its final disposal; 14) 'reuse': any operation that allows to allocate a EuP or its components, having reached the end of its first use, to the same use for which it was designed, including the continued use of a EuP returned to a collection point, distributor, recycling company or manufacturer; as well as the reuse of a PUE after its reconditioning; 15) "recycling": the reprocessing of waste, within a production process, for its initial purpose or for other purposes, with the exception of energy recovery; 16) 'energy recovery': the use of combustible waste to generate energy through its direct incineration with or without other waste, but with heat recovery; 17) "recovery": any of the operations defined as "recovery" and listed in Law 10/1998 of 21 April of Waste. 18) "waste": any of the substances or products defined as 'waste' and of which the holder is detached or from which he/she has the the intention or obligation to divest, including in the categories set out in Law 10/1998, of 21 April, of Waste 19) 'hazardous waste': 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 EuP, of the inputs and outputs, such as materials, emissions and waste, associated with the EuP throughout its life cycle, which are significant from the point of view of their environmental impact and are expressed in physical quantities which may (21) "environmental performance of an EuP": the results of the management by the manufacturer of the environmental aspects of the EuP, as reflected in its technical documentation; 22) "improvement of environmental performance": improvement the environmental performance of a EuP, in successive generations, but not necessarily respecting all the environmental aspects of the product at the same time; 23) "ecodesign": integration of environmental aspects into the design of the product in order to improve its environmental performance throughout the (24) "ecodesign requirement" means any requirement in relation to an EuP, or the design of an EuP, aimed at improving its environmental performance or for the provision of information on the environmental aspects of a EuP; EU; 25) "generic ecodesign requirement": any ecodesign requirement based on the ecological profile as a whole of an EuP without setting limit values for certain environmental aspects; 26) " specific design requirement ecological ": a quantified and measurable ecological design requirement in relation to an aspect specific environmental performance of a EuP, such as energy consumption during use, calculated for the performance of a given unit of production and 27) 'harmonised standard': any technical specification adopted by a standardisation body recognised, 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 of 22 June 1998 laying down a procedure for the the subject of technical standards and regulations, for the purpose of establishing a European requirement, the compliance is not mandatory.

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

1. The competent authorities of the Autonomous Communities, as responsible for market surveillance and in the field of their competences, to ensure that only the EuPs that comply with the implementing measures are placed on the market and put into service adopted or which, where appropriate, may be adopted, all under this royal decree and bearing the CE marking in accordance with the provisions of Article 6; they shall take all appropriate measures in order to: (a) organise appropriate checks on the conformity of the EuP and withdraw non-compliant EuPs from the market in accordance with the provisions of Article 8 on safeguard clauses;

(b) request the supply of all necessary information to the parties concerned, as specified in the implementing measures, and (c) take samples of products and submit them for conformity testing.

2. Without prejudice to the inspection and control measures to be carried out by the competent bodies of the autonomous communities in their territory, the Ministry of Industry, Tourism and Trade may promote plans and campaigns of a national nature to check, by sampling, on the conditions of compliance with the implementing measures in the EuPs.

Article 4. Control and administrative action.

1. The bodies responsible for implementing 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 bodies 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.

Article 5. Responsibilities of the importer.

If the manufacturer is not established in the European Community and does not have an authorised representative, the importer shall have the obligation to: (a) ensure that the EuP placed on the market or put into service complies with the provisions of the present royal decree, as well as the applicable enforcement measure; and

(b) to 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 the EuP was last imported into the territory Community.

Article 6. CE marking and Declaration of Conformity.

1. Before placing on the market and putting into service a EuP covered by the implementing measures, the manufacturer or his authorised representative in the European Union shall affix the CE conformity marking and issue a Declaration of Conformity by means of which: it is ensured and declares that the EuP 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 an EuP 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, preferably in Spanish for apparatus marketed in Spain, shall contain at least the elements 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 EU, in their packaging or in the instructions for use of other similar markings. the CE marking, either in meaning or graphic form, which may mislead third parties and create confusion with the CE marking itself. 5. All information to be submitted in accordance with Part 2 of Annex I on requirements relating to the provision of information, when the EuP reaches the end user, shall 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 intended user type of the EuP 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 ecological design parameters referred to in Part 1 of Annex I, covered by the enforcement, of a EuP 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 or putting into service of an EuP bearing the CE marking in accordance with Article 6 shall not be prohibited, limited or impeded by the ecological design requirements related to the ecological design parameters. referred to in Part 1 of Annex I 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 EuP which do 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 until they comply with this royal decree and the applicable implementing measure.

Article 8. Safeguard clause.

1. Where the competent bodies of the autonomous communities verify that an EuP bearing the CE marking referred to in Article 6 and used in accordance with the intended use does not comply with all relevant provisions of the measure implementation, shall be the responsibility of the manufacturer or his authorised representative or on who has established the CE marking or the EuP on the domestic market, the obligation to make the EuP comply with the provisions of the applicable implementing measure; the provisions on the CE marking and to put an end to such an infringement under the conditions laid down by that authority.

Where there is sufficient evidence that a EuP may not comply with the relevant provisions, the authorities of the competent bodies of the Autonomous Communities shall take the necessary measures which, depending on the seriousness of the (a) a ban on the placing on the market of the EuP may be prohibited until compliance is restored. In the event of the failure to comply, the authorities of the competent bodies of the autonomous communities shall take a decision to limit or prohibit the placing on the market or putting into service of the EuP concerned or to ensure that they are withdrawn. of the market. Any decision taken shall be notified to the person concerned as soon as possible, with the expression of the resources, the body before which they must be submitted and the time limit for bringing them up. 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 shall inform the European Commission and the other States of the 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, the decisions taken by the competent authorities under this Article shall be made public 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 framework for public administrations and the common administrative procedure.

Article 9. Assessment of conformity.

1. Before placing on the market or putting into service a EuP covered by the implementing measures, the manufacturer or his authorised representative shall ensure that an assessment of the conformity of the EuP is carried out with all relevant requirements 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. the competent authorities have serious indications of the likely non-compliance of a EuP, will carry out the verification procedure for the conformity of the EuP, initiating the necessary corrective measures and the sanctioning procedure to be followed, notifying the Ministry of Industry, Tourism and Trade, as appropriate, in accordance with the established in article 4.3 of this royal decree. 3. If the design of an EuP covered by the implementing measures is carried out by an organisation registered in accordance with Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing the organisations are voluntarily joining a Community environmental management and audit scheme (EMAS) and the design function is included in the scope of such a register, the management system of that registration shall be presumed to be Organisation meets the requirements of Annex V to this Royal Decree. If the design of an EuP covered by the implementing measures 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 harmonised standards, the numbers of which the reference has 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. 4. After the placing on the market or putting into service of an EuP covered by the implementing measures, the manufacturer or his authorised representative shall keep all relevant documents relating to the conformity assessment carried out 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 the EuP was last manufactured. The relevant documents shall be made available within 10 days of the request made by the competent authorities. 5. 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 European Community and preferably in Spanish for the appliances marketed in Spain.

Article 10. Presumption of conformity and harmonised standards.

1. The EUPs 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 applicable implementing measure to which they relate. 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. EuPs 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 granting eco-label, comply with the ecodesign requirements of the applicable implementing measure, provided that the eco-label complies with those requirements. For the purposes of the presumption of conformity and in the context of this royal decree, when other eco-labels, recognised by the European Commission as equivalent, comply with conditions similar to the Community eco-label under To Regulation (EC) 1980/2000, the EuPs, to which those other eco-labels have been granted, shall be deemed to comply with the ecodesign requirements of the applicable implementing measure, provided that the eco-label complies with those requirements. requirements.

Article 11. Requirements for components and subsets.

Implementing measures may require manufacturers or their authorised representatives to place components or sub-assemblies on the market or to put into service, to facilitate the manufacturer of a EuP covered by the implementing measures, relevant information on the material composition and energy consumption, materials or resources of the components or sub-assemblies.

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, the means will be used as far as possible. communication and, in particular, for the implementation 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 by strengthening the networks and structures of aid, that small and medium-sized 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 the consumers of EuP. 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 advantages 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 for some of the ecodesign parameters referred to in Part 1 of Annex I is not necessary. 2. The established implementing 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 shall be no significant negative impact on consumers, in particular on the affordability and cost of the life cycle of the (d) there will not be a significant negative impact on the competitiveness of the industry; e) in principle, the establishment of a specific environmental design requirement will not result in the imposition of a specific technology for the (f) an excessive administrative burden shall not be imposed on the manufacturer.

3. An EuP shall be considered to be covered by an implementing measure or by a self-regulation measure, if it meets the following criteria:

(a) the EuP will represent a significant volume of sales and higher trade, indicative, to 200,000 units in the European Community and in the space of one year according to the latest figures;

b) the EuP, taking into account the quantities placed on the market or put into service, will have an important environmental impact within the European Community as defined in the Community strategic priorities 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 EuP shall have significant potential for improvement with regard to the environmental impact without incurring excessive costs, having especially in account:

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

2. A wide disparity of environmental performance among the PUE available on the market with equivalent functionality is available.

4. Where legally appropriate, the Director-General for Industrial Development of the Ministry of Industry, Tourism and Trade may, in the field of his or her powers and by resolution, approve the action taken by the implementation to which this royal decree refers.

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. 2005 /32/EC at least on the basis of Annex VIII.

2. The Director-General for Industrial Development of the Ministry of Industry, Tourism and Trade may approve, in the field of his powers and by resolution, the actions arising from the voluntary agreements or other measures of self-regulation as referred to in the previous paragraph.

Article 17. Sanctioning regime.

The breaches of the provisions of this royal decree and the corresponding implementing measures shall be sanctioned, as appropriate, in accordance with the provisions of Title V of Law 21/1992 of 16 July 1992 on Industry and their case, in their regulatory development standards.

Single transient arrangement. Validity of the national measures implemented according to Royal Decree 213/1992 of 6 March 1992 on the technical specifications for noise on the labelling of household appliances.

Notwithstanding the provisions of the single derogation provision, for domestic appliances falling within the scope of Royal Decree 213/1992 of 6 March 1992, the national measures in force may continue to apply, publication of the information and methods of measurement for the determination of air noise, adopted according to the actual decree, until new implementing measures are adopted in accordance with this royal decree.

Single repeal provision. Regulatory repeal.

The Royal Decree 213/1992 of 6 March 1992, which regulates the noise specifications in the labelling of household appliances and how many provisions of the same or lower range are opposed, is hereby repealed. This royal decree.

Final disposition first. Amendment of Royal Decree 275/1995 of 24 February 1995 on performance requirements for hot water boilers fuelled by liquid or gaseous fuels.

Royal Decree 275/1995 of 24 February 1995 on performance requirements for hot water boilers powered by liquid or gaseous fuels is hereby amended as follows:

One. Article 5 on the specific system of trade marks is deleted.

Two. A new Article 9 is added with the following wording:

" Article 9. Implementing measures.

This royal decree constitutes an enforcement measure, with respect to energy efficiency, in the framework for the establishment of eco-design requirements applicable to energy-using products. "

Three. Point (2b) of Annex IV is deleted.

Four. Annex V. is deleted.

Final disposition second. Amendment of the Royal Decree-to No 1062/1998 of 29 May 1998 laying down the requirements for the energy performance of refrigerators, freezers and combined electrical appliances for domestic use.

A new Article 8 is added to Royal Decree 1062/1998 of 29 May laying down the requirements for the energy performance of refrigerators, freezers and combined electrical appliances for domestic use, with the following wording:

" Article 8. Implementing measures.

This royal decree constitutes an enforcement measure, with respect to energy efficiency, in the framework for the establishment of eco-design requirements applicable to energy-using products. "

Final disposition third. Amendment of Royal Decree 838/2002 of 2 August laying down the energy efficiency requirements for the ballasts of fluorescent lamps.

A new Article 7 is added to Royal Decree 838/2002 of 2 August establishing the energy efficiency requirements for fluorescent lamp ballasts, with the following wording:

" Article 7. Implementing measures.

This royal decree constitutes an enforcement measure, with respect to energy efficiency, in the framework for the establishment of eco-design requirements applicable to energy-using products. "

Final disposition fourth. 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 protection of the environment.

Final disposition fifth. Regulatory enablement.

1. The Minister of the Presidency, on a joint proposal from the Ministers of Industry, Tourism and Trade and the Environment, will dictate, in the field of the powers of the General Administration of the State, the exclusive This is a technical matter which is essential to ensure the proper implementation of this royal decree.

2. In the same terms, they are empowered to modify the technical conditions laid down in this royal decree and, in particular, in their annexes, to keep it adapted to the innovations that occur in the state of the art in the field and in particular the provisions of the European Union's rules of law.

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

1. The Ministry of Industry, Tourism and Trade, by means of a resolution of the Directorate-General for Industrial Development, shall order the publication of the lists corresponding to the harmonized standards and, where appropriate, the approved "implementing measures".

In addition to being published in the "Official State Gazette", these lists will be published, for information, on the website of the Ministry of Industry, Tourism and Commerce. 2. They may also be published on the website 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 royal decree.

Final disposition seventh. Incorporation of European Union law.

This royal decree incorporates into Spanish law 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 products using energy.

Final disposition octave. 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 October 19, 2007.

JOHN CARLOS R.

First Vice-President of the Government and Minister of the Presidency, MARIA TERESA FERNÁNDEZ DE LA VEGA SANZ

ANNEX I Method for setting generic ecodesign requirements

Generic ecodesign requirements tend to improve the environmental performance of the EuP, focusing on significant environmental aspects without setting limit values. The method in accordance with this Annex shall 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 the EuPs covered by these measures, the appropriate ecodesign requirements shall be determined 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 EuPs

1.1 Significant environmental aspects shall be determined with reference to the following phases of the life cycle of the product, in so far as they are related to the design of the product: (a) selection and use of raw materials;

(b) manufacture; (c) packaging, transport and distribution; (d) installation and maintenance; (e) use; (f) end of service life, thus being understood as the state of a EuP which has reached the end of its first use, up to the final disposal.

1.2 In each phase, the following environmental aspects will be evaluated:

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

(b) emissions from the air, water or soil; (c) expected pollution by physical effects such as noise, vibration, radiation, electromagnetic fields; (d) expected generation of waste; (e) possibilities for the reuse, recycling and recovery of materials and/or energy, taking into account Directive 2002/96/EC, 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 will be used, as appropriate, and supplemented with others, if necessary, to assess the potential for improvement of the environmental aspects mentioned in the previous paragraph:

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 Council Directive 67 /548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to the classification, packaging and labelling of substances dangerous and taking into account the legislation relating to the marketing and use of certain substances, such as Directives 76 /769/EEC or 2002 /95/EC; e) quantity and nature of consumables necessary for adequate maintenance and use; (f) ease of reuse and recycling, expressed by: number of materials and components used, the use of standard components, the time required for the disassembly, the complexity of the tools necessary for the disassembly, the use of coding standards for materials and components, in order to determine the Components and materials suitable for reuse and recycling (including marking of plastic parts in accordance with ISO standards, use of easily recyclable materials, ease of access to valuable and recyclable components and materials, ease of access to components and materials containing substances (g) incorporation of used components; (h) non-use of technical solutions detrimental to the reuse and recycling of components and complete apparatus; (i) extension of the useful life expressed through: minimum useful life guaranteed, minimum time limit for availability of spare parts, modularity, possibility of extension or improvement, possibility of repair; j) quantity of waste generated and quantity of hazardous waste generated; k) emissions into the atmosphere (greenhouse gases, acidifying agents, volatile organic compounds, substances which depleting the ozone layer, persistent organic pollutants, heavy metals, fine particles and suspended particles, notwithstanding the provisions of Directive 97 /68/EC of the European Parliament and of the Council of 16 December 1997 on approximation of the laws of the Member States relating to measures against the emission of gaseous and particulate pollutants from internal combustion engines to be installed on non-road mobile machinery; (l) emissions into water (heavy metals, substances with harmful effects on the oxygen balance, persistent organic pollutants); (m) emissions to the soil (especially discharges and losses of hazardous substances during the use 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 EuP is treated, used or recycled by interested parties other than the manufacturer. This information may include, as appropriate: Designer information concerning the manufacturing process;

Information for consumers on the significant environmental characteristics and behaviour of the product accompanying the product when placed on the market so that the consumer can compare these aspects of the product products; Information for consumers on how to install, use and maintain the product in order to minimise its impact on the environment and to ensure optimum life expectancy, as well as how to return the product at the end of its useful life and, where appropriate, information on the period of availability of the spare parts and the possibilities to improve the product; Information for treatment facilities on the disassembled, recycling or disposal at the end of its life cycle.

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

This information will take into account the obligations laid down in other Community rules, such as Directive 2002 /96/EC. 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. It will be required that, taking into account the environmental aspects identified in the implementing measure as factors in which substantial influence can be achieved through the design of the product, the EU manufacturers will carry out an assessment of the a model of EuP throughout its life cycle, based on realistic assumptions about the normal conditions and the intended purpose. Other environmental aspects may be examined on a voluntary basis.

On the basis of this assessment, manufacturers will develop the ecological profile of the EuP. It shall 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 which can be measured. 2. Manufacturers shall 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 measure. execution. 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, 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 particular source, such as the limits of use of this resource in the various phases of the EUP life cycle, as appropriate (e.g. limits on water consumption in the EU). 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 the EuPs covered by these measures, the relevant ecological design parameters shall be determined between those listed in Part 1 of Annex I, and the levels of those requirements shall be established as follows:

1. A series of representative models of the EuP in question will be selected on the market through technical, environmental and economic analysis and the technical options for improving the environmental performance of the product will be identified, taking into account the economic viability of the options and avoiding any significant loss of performance or utility for consumers.

Also, a technical, environmental and economic analysis will determine, as far as the environmental aspects concerned, the products and technology available on the market that provide the best results. The results of the products available on the international markets and the reference criteria laid down in the legislation of other countries should also be taken into account during this analysis and when setting the requirements. On the basis of this analysis and taking into account the economic and technical feasibility and the potential for improvement, concrete measures will be taken to minimise the environmental impact of the product. For energy consumption during use, the level of energy efficiency or energy consumption shall be set by ensuring that the representative models of EuP have the minimum cost of the life cycle for end users, taking into account the consequences of other environmental aspects. The method of life cycle cost analysis using a real discount rate provided by the European Central Bank and a realistic life for the EuP is based on the sum of the changes in the purchase price (resulting from the changes in the price of the the industrial costs) and operating costs, which are derived from the different levels of the technical improvement options, updated during the lifetime of the representative PUE models considered. Operating expenses mainly include energy consumption and additional expenses in other resources (such as water or detergent). A sensitivity analysis shall be carried out covering relevant factors (such as the price of energy or other resources, the cost of raw materials or production costs, discounts) and, where appropriate, environmental costs. This is a very important step in the development of the European Union, and the European Union is a major partner in the development of the European Union. The requirement shall be adjusted accordingly. A similar method could be applied to other resources such as water. 2. For the development of technical, environmental and economic analyses, the information available under other Community activities could be used. The same will apply to the available information from existing and applied programmes in other parts of the world in order to establish the specific eco-design requirements of EuP placed on the market with EU economic partners. 3. The date of entry into force of the requirement shall take into account the cycle of the new product design.

ANNEX III CE marking

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

An image appears in the original. See the PDF document for this disposition.

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. The CE marking shall be affixed to the EuP. If this is not possible, it must be placed on the packaging and in the supplementary documentation. Where the EuP is subject to other Community directives covering other aspects and which also provide for the CE marking, the latter will assume that the EuP is also in accordance with the provisions of those other Directives.

ANNEX IV Design internal control

1. This Annex describes the procedure by which the manufacturer or his authorised representative who fulfils the obligations set out in paragraph 2 of this Annex ensures and declares that the EuP meets the relevant requirements of the applicable implementing measure. The declaration of conformity may refer to one or more products and must be retained by the manufacturer.

2. The manufacturer shall establish a record of technical documentation to enable the conformity of the EuP to be assessed with the requirements of the applicable implementing measure. The documentation shall include, in particular:

(a) a general description of the EuP and its intended use;

(b) the results of the relevant environmental assessment studies carried out by the manufacturer and references to the literature or practical environmental assessment cases that are used by the manufacturer to assess, document and determine 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; list of the appropriate rules referred to in Article 10, applied in full or partially, and a description of the solutions adopted to comply with the requirements of the applicable implementing measure, where the standards referred to in Article 10 have not been applied or do not fully comply with the requirements of the (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 the measurements relating to the environmental design requirements made, including details of the conformity of the these measurements are compared to the ecodesign requirements set out in the applicable implementing measure.

3. The manufacturer shall take all necessary measures to ensure that the product is manufactured in accordance with the design specifications referred to in paragraph 2 and the requirements of the applicable measure.

ANNEX V Management system for conformity assessment

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

2. A management system may be used for the conformity assessment of an EuP 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 EuP meets the requirements of the implementing measure applicable.

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 must be able to provide a framework for establishing and reviewing the objectives and environmental performance indicators 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 EuP 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. Those instructions and procedures shall contain, in particular, an appropriate description of:

The list of documents to be prepared to demonstrate the compliance of the EuP and, if necessary, have to be available;

The objectives and indicators of environmental performance of the product and the organisational structure, responsibilities, management competencies and allocation of resources with respect to its application and maintenance; Testing and testing to be carried out after manufacturing to verify the behaviour of the product in relation to environmental performance indicators; Procedures for monitoring the required documentation and ensuring its updating; verifying the application and effectiveness of the environmental elements of the system management.

3.2 Planning:

The manufacturer shall establish and maintain: (a) procedures to establish the ecological profile of the product;

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; (c) a programme to achieve these objectives.

3.3 Execution and documentation:

3.3.1 The documentation relating to the management system should cover in particular the following: (a) The responsibilities and responsibilities shall be defined and documented in order to ensure effective environmental performance of the management system. product and report its performance for review and improvement;

(b) The documents shall be drawn up indicating the design verification and control techniques applied and the systematic processes and measures used when designing the product; (c) The manufacturer shall establish and maintain information by means of which describes the essential environmental elements of the management system and the control procedures for all required documents;

3.3.2 The documentation relating to the EuP shall specify, in particular:

(a) a general description of the EuP 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 the product design solutions; (c) the ecological profile, if required by the implementing measure; (d) the results of the measurements relating to the design requirements shall be described in the documents; (a) the environmental performance of the project (s), including details of the conformity of these measurements ecodesign requirements laid down in the applicable implementing measure; (e) the manufacturer shall draw up specifications indicating in particular the rules which have been applied; whether the rules referred to in Article 10 are not applied or if they do not apply. fully comply with the requirements of the applicable implementing measure, the means used to ensure compliance; (f) a copy of the information relating to the environmental aspects of the design of the product, to be provided in accordance with the requirements set out in Part 2 of Annex I.

3.4 Verification and Correction:

(a) The manufacturer shall take all necessary measures to ensure that the EuP is developed in accordance with the design and requirements characteristics established by the applicable implementing measure.

(b) The manufacturer shall establish 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. (c) The manufacturer shall carry out at least every three years a complete audit of the management system in respect of 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 EuP covered.

2. The ecological design requirements of the covered EuP, the date of application and the transitional or provisional measures or periods,

In the case of generic ecodesign requirements, the relevant phases and aspects between those mentioned in Annex I, Parts 1.1 and 1.2, accompanied by examples of the parameters mentioned in Annex I, Part 1.3, as guidance when assessing improvements to identified environmental aspects;

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 for the installation of the EuP should be directly relevant to the environmental performance in question. 5. The measurement standards and measurement methods to be used; if available, harmonised standards, the reference numbers of which have been published in the Official Journal of the European Union, shall be used. 6. The details of the conformity assessment pursuant to Decision 93 /465/EEC.

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;

Where applicable, the criteria for the approval or certification of third parties.

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

7. Requirements relating to 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 EuP 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 EuP which complies with the regulations in force on its territory at the date of adoption of the implementing measure. 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 Assessment 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 EC Treaty (in particular those relating to the internal market and competition rules), as well as the Commitments made by the Community at international level, including multilateral trade rules, may be used as the following non-exhaustive list of indicative criteria for the purpose of assessing the eligibility of the self-regulation as alternative solutions to an implementing measure in the context of the present 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 covered EuP. 3. Representativeness: The industry and associations of the industry involved in a self-regulatory action will represent a large part of the economic sector in question, with as few exceptions as possible. Particular attention will 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 will facilitate the development of such indicators. 5. Participation of civil society: To ensure transparency, self-regulation initiatives will be published, including the use of the Internet and other electronic means of dissemination of information. The same goes for the provisional and final control reports. Stakeholders, in particular the Member States, industry, NGOs working in the field of the environment and consumer associations, will have the opportunity to comment on a self-regulation initiative. 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 shall be detailed, transparent and objective. 7. Cost/effectiveness of the management of a self-regulation initiative: The cost arising from the management of self-regulatory initiatives, in particular as regards control, will not lead to an administrative burden. disproportionate in comparison with its objectives and other available policy instruments. 8. Sustainability: Self-regulatory initiatives will respond to the policy objectives of this royal decree, including the integrated approach, and will 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) will 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 engagement. Policy coherence is essential in this respect and will be taken into account when assessing the effectiveness of the initiative