Annexes to COM(2022)142 - Framework for setting ecodesign requirements for sustainable products - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2022)142 - Framework for setting ecodesign requirements for sustainable products. |
|---|---|
| document | COM(2022)142  |
| date | June 13, 2024 |
(8) Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
(9) Directive (EU) 2018/2002 of the European Parliament and of the Council of 11 December 2018 amending Directive 2012/27/EU on energy efficiency (OJ L 328, 21.12.2018, p. 210).
(10) Decision (EU) 2022/591 of the European Parliament and of the Council of 6 April 2022 on a General Union Environment Action Programme to 2030 (OJ L 114, 12.4.2022, p. 22).
(11) Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU (OJ L 198, 28.7.2017, p. 1).
(12) Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1).
(13) Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
(14) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67).
(15) Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43).
(16) Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ L 60, 2.3.2013, p. 1).
(17) Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ L 60, 2.3.2013, p. 52).
(18) Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ L 151, 14.6.2018, p. 1).
(19) Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ L 269, 21.10.2000, p. 34).
(20) Directive 2005/64/EC of the European Parliament and of the Council of 26 October 2005 on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability and amending Council Directive 70/156/EEC (OJ L 310, 25.11.2005, p. 10).
(21) Directive (EU) 2024/1275 of the European Parliament and of the Council of 24 April 2024 on the energy performance of buildings (OJ L, 2024/1275, 8.5.2024, ELI: http://data.europa.eu/eli/dir/2024/1275/oj).
(22) Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76).
(23) Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC (OJ L 117, 5.5.2017, p. 1).
(24) Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU (OJ L 117, 5.5.2017, p. 176).
(25) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
(26) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).
(27) Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
(28) Commission Recommendation (EU) 2021/2279 of 15 December 2021 on the use of the Environmental Footprint methods to measure and communicate the life cycle environmental performance of products and organisations (OJ L 471, 30.12.2021, p. 1).
(29) European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10).
(30) Regulation (EC) No 1935/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC (OJ L 338, 13.11.2004, p. 4).
(31) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
(32) Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).
(33) Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59).
(34) Regulation (EU) 2019/1021 of the European Parliament and of the Council of 20 June 2019 on persistent organic pollutants (OJ L 169, 25.6.2019, p. 45).
(35) Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys (OJ L 170, 30.6.2009, p. 1).
(36) Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 88).
(37) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
(38) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
(39) Regulation (EU) 2022/2399 of the European Parliament and of the Council of 23 November 2022 establishing the European Union Single Window Environment for Customs and amending Regulation (EU) No 952/2013 (OJ L 317, 9.12.2022, p. 1).
(40) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).
(41) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
(42) Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).
(43) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1).
(44) Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (Digital Services Act) (OJ L 277, 27.10.2022, p. 1).
(45) Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1).
(46) Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).
(47) OJ C 136, 4.6.1985, p. 1.
(48) Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (OJ L 218, 13.8.2008, p. 82).
(49) Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
(50) Regulation (EU) 2020/740 of the European Parliament and of the Council of 25 May 2020 on the labelling of tyres with respect to fuel efficiency and other parameters, amending Regulation (EU) 2017/1369 and repealing Regulation (EC) No 1222/2009 (OJ L 177, 5.6.2020, p. 1).
(51) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
(52) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
(53) Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 82, 22.3.1997, p. 1).
(54) OJ L 123, 12.5.2016, p. 1.
(55) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
(56) Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28).
(57) Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers and repealing Directive 2009/22/EC (OJ L 409, 4.12.2020, p. 1).
(58) Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
(59) Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14 November 2018 on a framework for the free flow of non-personal data in the European Union (OJ L 303, 28.11.2018, p. 59).
(60) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
(61) Regulation (EU) 2023/1542 of the European Parliament and of the Council of 12 July 2023 concerning batteries and waste batteries, amending Directive 2008/98/EC and Regulation (EU) 2019/1020 and repealing Directive 2006/66/EC (OJ L 191, 28.7.2023, p. 1).
(62) Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC (OJ L 135, 23.5.2023, p. 1).
ANNEX I
Product parameters
The following parameters shall, as appropriate, and where necessary supplemented by others, be used, individually or in combination, as a basis for improving the product aspects:
| (a) | durability and reliability of the product or its components as expressed through the product’s guaranteed lifetime, technical lifetime, mean time between failures, indication of real use information on the product, resistance to stresses or ageing mechanisms; |
| (b) | ease of repair and maintenance, as expressed through characteristics, availability, delivery time and affordability of spare parts, modularity, compatibility with commonly available tools and spare parts, availability of repair and maintenance instructions, number of materials and components used, use of standard components, use of component and material coding standards for the identification of components and materials, number and complexity of processes and whether specialised tools are needed, ease of non-destructive disassembly and re-assembly, conditions for access to product data, conditions for access to or use of hardware and software needed; |
| (c) | ease of upgrading, reuse, remanufacturing and refurbishment as expressed through number of materials and components used, use of standard components, use of component and material coding standards for the identification of components and materials, number and complexity of processes and tools needed, ease of non-destructive disassembly and re-assembly, conditions for access to product data, conditions for access to or use of hardware and software needed, conditions of access to test protocols or not commonly available testing equipment, availability of guarantees specific to remanufactured or refurbished products, conditions for access to or use of technologies protected by intellectual property rights, modularity; |
| (d) | design for recycling, ease and quality of recycling as expressed through use of easily recyclable materials, safe, easy and non-destructive access to recyclable components and materials or components and materials containing hazardous substances and material composition and homogeneity, possibility for high-purity sorting, number of materials and components used, use of standard components, use of component and material coding standards for the identification of components and materials, number and complexity of processes and tools needed, ease of non-destructive disassembly and re-assembly, conditions for access to product data, conditions for access to or use of hardware and software needed; |
| (e) | avoidance of technical solutions detrimental to reuse, upgrading, repair, maintenance, refurbishment, remanufacturing and recycling of products and components; |
| (f) | use of substances, and in particular the use of substances of concern, on their own, as constituents of substances or in mixtures, during the production process of products, or leading to their presence in products, including once those products become waste, and their impacts on human health and the environment; |
| (g) | use or consumption of energy, water and other resources in one or more life cycle stages of the product, including the effect of physical factors or software and firmware updates on product efficiency and including the impact on deforestation; |
| (h) | use or content of recycled materials and recovery of materials, including critical raw materials; |
| (i) | use or content of sustainable renewable materials; |
| (j) | weight and volume of the product and its packaging, and the product-to-packaging ratio; |
| (k) | incorporation of used components; |
| (l) | quantity, characteristics and availability of consumables needed for proper use and maintenance as expressed, inter alia, through yield, technical lifetime, ability to reuse, repair, and remanufacture, mass-resource efficiency, and interoperability; |
| (m) | the environmental footprint of the product, expressed as a quantification, in accordance with the applicable delegated act, of a product’s life cycle environmental impacts, whether in relation to one or more environmental impact categories or an aggregated set of impact categories; |
| (n) | the carbon footprint of the product; |
| (o) | the material footprint of the product; |
| (p) | microplastic and nanoplastic release as expressed through the release during relevant product life cycle stages, including manufacturing, transport, use and end-of-life stages; |
| (q) | emissions to air, water or soil released in one or more lifecycle stages of the product as expressed through quantities and nature of emissions, including noise; |
| (r) | amounts of waste generated, including plastic waste and packaging waste and their ease of reuse, and amounts of hazardous waste generated; |
| (s) | functional performance and conditions for use, including as expressed through the ability to perform its intended use, precautions for use, skills required and compatibility with other products or systems; |
| (t) | lightweight design as expressed through reduction of material consumption, load- and stress-optimisation of structures, integration of functions within the material or into a single product component, use of lower density or high-strength materials and hybrid materials, with regard to material savings, recycling and other circularity aspects, and waste reduction. |
ANNEX II
Procedure for defining performance requirements
Product specific or horizontal performance requirements shall be set as follows:
a technical, environmental and economic analysis shall select a number of representative models of the product or products in question on the market and identify the technical options for improving the product performance in relation to the product parameters referred to in Annex I, taking into account the economic viability of the options and avoiding any significant increase of other life cycle environmental impacts, and significant loss of performance or of usefulness for consumers.
The analysis referred to in the first paragraph shall also identify, for the parameter under consideration, the best-performing products and technologies available on the market, as well as emerging technology improvements.
The performance of products available on international markets and benchmarks set in other countries’ law shall be taken into consideration during the analysis referred to in the first paragraph as well as when setting requirements.
Based on the analysis referred to in the first paragraph, and taking into account economic and technical feasibility, including the availability of key resources and technologies, as well as the potential for improvement, levels or non-quantitative requirements shall be defined.
Any concentration limit for substances as referred to in Annex I, point (f), shall be based on a thorough analysis of the sustainability of the substances and their identified alternatives, and shall not have significant adverse effects on human health or the environment. Any performance requirement concerning substances as referred to in Annex I, point (f), shall take into consideration existing chemical safety assessments performed by the relevant Union bodies for the substances concerned, as well as safe and sustainable by design criteria for chemicals and materials developed by the Commission. Proposed concentration limits shall also consider aspects of enforceability, such as analytical detection limits.
Where relevant, the analysis referred to in the first paragraph shall take into account the likely impacts of climate change on the product during its prospective lifetime, and the product’s potential to improve climate resilience throughout its life cycle.
A sensitivity analysis covering the relevant factors, such as the price of energy or other resources, the cost of raw materials and necessary technologies, production costs, discount rates, and, where appropriate, external environmental costs, including avoided greenhouse gas emissions, shall be carried out.
For the development of the analysis referred to in the first subparagraph, relevant information available in the framework of other Union activities, including, among others, existing sectoral roadmaps as referred to in Regulation (EU) 2021/1119, shall be taken into account and shall include technical information used as a basis for or derived from Regulation (EC) No 66/2010, Directive 2010/75/EU, technical screening criteria adopted pursuant to Regulation (EU) 2020/852 and EU green public procurement criteria.
That shall also apply for information available from existing programmes applied in other parts of the world for setting the specific ecodesign requirements for products traded with the Union’s economic partners.
ANNEX III
Digital product Passport
(referred to in Articles 9 to 12)
The requirements related to the digital product passport laid down in the delegated acts adopted pursuant to Article 4 shall specify what data are to or can be included in the digital product passport from among the following elements:
| (a) | information required under Article 7(2), point (b), and Article 7(5) or by other Union law applicable to the relevant product group; |
| (b) | the unique product identifier at the level indicated in the applicable delegated act adopted pursuant to Article 4; |
| (c) | the Global Trade Identification Number as provided for in International Organization for Standardisation/International Electrotechnical Commission standard ISO/IEC 15459-6 or equivalent of products or their parts; |
| (d) | relevant commodity codes, such as a TARIC code as defined in Regulation (EEC) No 2658/87; |
| (e) | compliance documentation and information required under this Regulation or other Union law applicable to the product, such as the declaration of conformity, technical documentation or conformity certificates; |
| (f) | user manuals, instructions, warnings or safety information, as required by other Union law applicable to the product; |
| (g) | information related to the manufacturer, such as its unique operator identifier and the information referred to in Article 27(7); |
| (h) | unique operator identifiers other than that of the manufacturer; |
| (i) | unique facility identifiers; |
| (j) | information related to the importer, including the information referred to in Article 29(3) and its Economic Operators Registration and Identification (EORI) number; |
| (k) | the name, contact details and unique operator identifier of the economic operator established in the Union responsible for carrying out the tasks set out in Article 4 of Regulation (EU) 2019/1020 or Article 15 of Regulation (EU) 2023/988, or similar tasks pursuant to other Union law applicable to the product; |
| (l) | the reference of the digital product passport service provider hosting the back-up copy of the digital product passport. |
The data carrier, the unique product identifier referred to in point (b), the unique operator identifiers referred to in points (g), (h) and (k), and the unique facility identifiers referred to in point (i) shall, where relevant for the products concerned, comply with standards ISO/IEC 15459-1:2014, ISO/IEC 15459-2:2015, ISO/IEC 15459-3:2014, ISO/IEC 15459-4:2014, ISO/IEC 15459-5:2014 and ISO/IEC 15459-6:2014.
The delegated acts adopted pursuant to Article 4 shall identify information relevant to ecodesign requirements that manufacturers may include in the digital product passport in addition to the information required pursuant to Article 9(2), point (a), including information on specific voluntary labels applicable to the product. That shall include whether an EU Ecolabel has been awarded to the product in line with Regulation (EC) No 66/2010.
ANNEX IV
Internal production control
(Module A)
1. Internal production control is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 4, and ensures and declares on its sole responsibility that the product satisfies the requirements of the delegated act adopted pursuant to Article 4.
2. Technical documentation
The manufacturer shall establish the technical documentation. The documentation shall make it possible to assess the product's conformity to the requirements of the delegated act adopted pursuant to Article 4. The technical documentation shall specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the product. The technical documentation shall, wherever applicable, contain at least the following elements:
| — | a general description of the product and of its intended use, |
| — | conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc. |
| — | descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the product, |
| — | a list of the harmonised standards, common specifications or other relevant technical specifications the references of which have been published in the Official Journal of the European Union, applied in full or in part, and descriptions of the solutions adopted to meet the requirements where those harmonised standards have not been applied. In the event of partly applied harmonised standards, the technical documentation shall specify the parts which have been applied, |
| — | results of design calculations made, examinations carried out, etc, |
| — | the results of measurements carried out in relation to ecodesign requirements, including details of the conformity of these measurements as compared with the ecodesign requirements set out in the delegated act adopted pursuant to Article 4, |
| — | test reports, and |
| — | a copy of the information provided in accordance with the information requirements pursuant to Article 7. |
3. Manufacturing
The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure compliance of the product with the technical documentation referred to in point 2 and with requirements of the delegated act adopted pursuant to Article 4.
4. CE marking and EU declaration of conformity
The manufacturer shall affix the required conformity marking to each individual product that satisfies requirements of the delegated act adopted pursuant to Article 4.
The manufacturer shall draw up a written declaration of conformity for each product model in accordance with Article 44 and keep it, together with the technical documentation, at the disposal of the competent national authorities for ten years after the product has been placed on the market or put into service. The declaration of conformity shall identify the product for which it has been drawn up.
A copy of the declaration of conformity shall be made available to the relevant authorities upon request.
5. Authorised representative
The manufacturers’ obligations set out in point 4 may be fulfilled by their authorised representative, on their behalf and under their responsibility, provided that the obligations are specified in the mandate.
ANNEX V
EU declaration of conformity
(referred to in Article 44)
1.
No … (unique identification of the product):
2.
Name and address of the manufacturer and, where applicable, the manufacturer’s authorised representative:
3.
This declaration of conformity is issued under the sole responsibility of the manufacturer:
4.
Object of the declaration (description of the product sufficient for its unambiguous identification and allowing traceability; it may, where necessary for the identification of the product, include an image):
5.
The object of the declaration referred to in point (4) is in conformity with this Regulation, the delegated act adopted pursuant to Article 4 and, where applicable, other Union harmonisation legislation:
6.
References to the relevant harmonised standards or to the common specifications used or references to the other technical specifications in relation to which conformity is declared:
7.
Where applicable, the notified body … (name, number) performed … (description of intervention) and issued the certificate or approval decision … (number):
8.
Where appropriate, the reference to other Union law providing for the affixing of the CE mark that is applied:
9.
The identification and signature of the person empowered to bind the manufacturer or the manufacturer’s authorised representative:
10.
Additional information:
Signed for and on behalf of:
(place and date of issue):
(name, function) (signature):
ANNEX VI
Criteria for self-regulation measures
(referred to in Article 21)
The following non-exhaustive list of criteria shall be used to assess self-regulation measures in accordance with Article 21:
| 1. | Openness of participation Self-regulation measures must be open to the participation of any operators placing on the market a product covered by the self-regulation measure, including SMEs and third country operators, both in the preparatory and in the implementation phases. Economic operators intending to establish a self-regulation measure should make a public announcement of their intention to do so before the process of developing the measure is started. |
| 2. | Sustainability and added value Self-regulation measures must respond to the policy objectives of this Regulation and must be consistent with the economic and social dimensions of sustainable development. Self-regulation measures must have an integrated approach to the protection of the environment, interests of consumers, health, quality of life and economic interests. |
| 3. | Representativeness Industry and its related associations taking part in a self-regulation measure must represent a large majority of the relevant economic sector, in accordance with Article 21(3), first subparagraph, point (b). Care must be taken to ensure respect for Union competition law, in particular Article 101 TFEU regarding anti-competitive agreements. |
| 4. | Quantified and staged objectives The objectives defined by the signatories in their self-regulation measures must be set in clear, quantifiable and unambiguous terms, starting from a well-defined baseline. If the self-regulation measure covers a long time-span, interim targets must be included. It must be possible to monitor compliance with objectives and interim targets in an affordable and credible way using clear and reliable indicators. |
| 5. | Involvement of civil society With a view to ensuring transparency, self-regulation measures must be publicised, including online on a publicly and freely accessible website and via other electronic means of disseminating information. Stakeholders, including Member States, industry, environmental NGOs and consumers’ associations, shall be invited to comment on a self-regulation measure. |
| 6. | Monitoring and reporting An independent inspector must be selected and nominated in order to monitor compliance of signatories with the self-regulation measure. The self-regulation measure must empower the independent inspector to verify compliance with its requirements. The self-regulation measure must also lay down the procedure to select the independent inspector and the rules to ensure that the inspector has no conflict of interest and has the necessary skills for verifying compliance with its requirements. Every year, each signatory must report all the information and data necessary for the independent inspector to reliably verify the signatory's compliance with the self-regulation measure. The independent inspector must draw up a compliance report at the end of each one-year reporting period. Where a signatory does not comply with the requirements of the self-regulation measure, it must take corrective action. The independent inspector shall notify the other signatories participating in the self-regulation measure of a lack of compliance by a signatory and of the corrective action the signatory intends to take. The results of any market surveillance activity conducted by a market surveillance authority during which non-compliance with the self-regulation measures requirements has been identified shall be taken into account by the independent inspector, in particular in the compliance report, and corrective action shall be taken. |
| 7. | Cost-effectiveness of administering a self-regulation measure The cost of administering the self-regulation measure, in particular as regards monitoring, must not lead to a disproportionate administrative burden, as compared to its objectives and to other available policy instruments. |
ANNEX VII
Consumer products of which the destruction by economic operators is prohibited
The commodity codes and descriptions are taken from the combined nomenclature as referred to in Article 1(2) of Regulation (EEC) No 2658/87 and as set out in Annex I thereto, in the version in force on 28 June 2024.
| Commodity code | Description | |
| ||
| 4203 | Articles of apparel and clothing accessories, of leather or composition leather | |
| 61 | Articles of apparel and clothing accessories, knitted or crocheted | |
| 62 | Articles of apparel and clothing accessories, not knitted or crocheted | |
| 6504 | Hats and other headgear, plaited or made by assembling strips of any material, whether or not lined or trimmed | |
| 6505 | Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hairnets of any material, whether or not lined or trimmed | |
| ||
| 6401 | Waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes | |
| 6402 | Other footwear with outer soles and uppers of rubber or plastics | |
| 6403 | Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of leather | |
| 6404 | Footwear with outer soles of rubber, plastics, leather or composition leather and uppers of textile materials | |
| 6405 | Other footwear |
ANNEX VIII
Correlation table
| Directive 2009/125/EC | This Regulation |
| Article 1 | Article 1 |
| Article 2 | Article 2 |
| Article 3 | — |
| Article 4 | Article 29 |
| Article 5 | Articles 44, 45 and 46 |
| Article 6 | Article 3 |
| Article 7 | Articles 69, 70 and 71 |
| Article 8 | Articles 27 and 43 |
| Article 9 | Article 41 |
| Article 10 | — |
| Article 11 | Article 38 |
| Article 12 | Article 68 |
| Article 13 | Article 22 |
| Article 14 | Article 7 |
| Article 15 | Articles 4 and 5 |
| Article 16 | Article 18 |
| Article 17 | Article 21 |
| Article 18 | Article 19 |
| — | Article 24 |
| — | Article 28 |
| — | Articles 30 to 40 |
| — | Article 42 |
| — | Articles 47 to 67 |
| — | Article 72 |
| Article 19 | Article 73 |
| Article 20 | Article 74 |
| Article 21 | Article 75 |
| Article 22 | — |
| Article 23 | — |
| Article 24 | Article 79 |
| Article 25 | Article 80 |
| Article 26 | — |
| Annex I | Articles 5, 7, Annex I |
| Annex II | Annex II |
| — | Annex III |
| Annex III | — |
| Annex IV | Annex IV |
| Annex V | — |
| Annex VI | Annex V |
| Annex VII | Article 8 - |
| Annex VIII | Annex VI |
| Annex IX | — |
| Annex X | Annex VIII |
ELI: http://data.europa.eu/eli/reg/2024/1781/oj
ISSN 1977-0677 (electronic edition)