NAVIGATING EUROPE’S ECODESIGN DIRECTIVE:
MORE QUESTIONS THAN ANSWERS
July 2013
PAMA Whitepaper
NAVIGATING EUROPE’S ECODESIGN DIRECTIVE:
MORE QUESTIONS THAN ANSWERS
Executive Summary
The Ecodesign Directive is a European Union regulation that provides a framework for reducing
power consumption by energy-related products (ErP). When it was originally adopted, in 2005, it
regulated energy-using products (EuP), but was broadened in 2009 to include a variety of
products that affect energy consumption, including windows and insulation material, in addition
to power-consuming electronic equipment, such as televisions, set-top boxes, and, in some
cases, audio systems.
ErP, as the directive is commonly known, is similar to the United States Environmental
Protection Agency’s ENERGY STAR program in that it represents an attempt to reduce energy
consumption. However, ENERGY STAR compliance is voluntary; ErP regulations carry the weight
of law and can impact products sold in the EU. ErP is also similar to the EU Restriction of
Hazardous Substances (RoHS) directive in that both are required for CE Marking for products
sold in Europe.
The question pro audio manufacturers rightly ask is how do ErP requirements affect the sales of
pro audio equipment in Europe? After months of investigation and direct engagement with
officials at the European Commission, the executive body of the EU, the answer today is that ErP
requirements have minimal apparent, near-term impact on pro audio sales in the 28 EU
member countries and the European Community.
But they could have an impact. At this point in the evolution of ErP, requirements for audio
equipment boil down to standby power consumption—provided the audio equipment in
question is determined to be within the scope of ErP regulations in the first place. Such
determination is not always black and white. On the one hand, a wider variety of audio products
may be subject to ErP than some might assume; on the other, audio products with very specific
technical designs, befitting pro applications, might be exempt.
This paper should be viewed as dynamic, as ErP evolves and EC regulatory bodies continue to
interpret its practical applications. Verbatim transcripts of EU/EC communications are available
in Appendix B to illustrate the difficulty interpreting ErP as it applies to pro audio. After multiple
helpful exchanges with the EC, followed by attempts to further clarify ErP, its legal
requirements, and their affect on pro audio manufacturers, EC officials expressed their intention
to cease communication on the subject.
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Whitepaper Mission
In January 2013, parts of the European Ecodesign directive (ErP) that could potentially affect
companies selling pro audio equipment in Europe went into full effect. This has raised many
questions among pro audio manufacturers, among them:
•
What is ErP and what does it require of electronics manufacturers?
•
Does ErP apply to pro audio products or only to consumer audio products?
•
Do sales channel or buyer affect whether a pro audio product must comply with ErP?
•
Does ErP apply to products sold in limited quantities?
•
Are products brought to market before ErP’s effective date exempt?
•
Who regulates conformance with ErP?
•
What future ErP regulations could affect pro audio?
Over a period of months, researchers contacted pro audio manufacturers in the United States
and Europe; analyzed ErP regulations, FAQs, and other documentation; and exchanged
correspondence with the offices of EC Vice President Antonio Tajani and EU Energy
Commissioner Günther Oettinger. The mission was to answer the questions above, offer clarity
around ErP, and supply pro audio manufacturers with foundational information for marketing
and selling equipment in Europe in conformance with ErP regulations.
The Ecodesign Directive
Ecodesign Directive 2005/32/E was adopted in July 2005. It was one of many European Union
framework directives, which means that by itself, 2005/32/EC did not carry the weight of
legislation, but it provided the basis for what are called implementing measures. Implementing
measures, when drafted and adopted by EU member states, are law.
Because it pertained to what the EU termed “energy-using products,” Ecodesign Directive
2005/32/E was often known as the EuP directive. It was amended in 2008 and then recast in
October 2009 to cover all “energy-related products.” The recast directive, Ecodesign Directive
2009/125/EC, is commonly referred to as the ErP directive and is in effect today.
It is important to understand that the ErP directive covers a wide variety of products sold in the
EU. Trying to discern how it affects pro audio products is to examine just a tiny sliver of its
purview. As a result, even EC officials struggle to answer how ErP implementing measures apply
to products sold in the EU by pro audio companies.
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As of this writing, there are nine ErP implementing measures currently in effect. They are:
•
Regulation EC/1275/2008 - Standby
•
Regulation EC/ 107/2009 - SSTB (simple set-top box)
•
Regulation EC/244/2009 - Domestic lighting
•
Regulation EC/645/2009 - Tertiary lighting
•
Regulation EC/278/2009 - Power supply
•
Regulation EC/ 640/2009 - Electric motor
•
Regulation EC/ 641/2009 - Circulator pump
•
Regulation EC/ 642/2009 - TV
•
Regulation EC/ 643/2009 - Refrigerator
Notice that none applies specifically to audio products—neither pro, nor consumer. In fact,
when asked directly whether audio products fall under current ErP regulations, EC officials
stated clearly and for the record that they do not. That said, a closer look at Standby Regulation
EC/1275/2008 indicates audio manufacturers may need to pay attention to ErP after all.
Standby Regulation EC/1275/2008
EC/1275/2008 is an implementing measure, also known as an implementing directive. As such, it
represents legislation that manufacturers of energy-related products must adhere to if they are
to be in compliance with the ErP directive and eligible for CE Marking. It was phased in over
several years. As of January 2010, products covered by the measure could not consume more
than 1W in standby or off mode (2W for products with information displays). By January 2013,
EC/1275/2008 had been fully phased in, and covered products could not consume more than
.5W in standby or off mode (1W for products with information displays).
How this standby measure—and thereby the ErP directive—affects pro audio manufacturers
depends on whether the products that companies intend to sell in the EU are among those
covered by EC/1275/2008. That information can be found in Annex I of the measure.
In addition to household appliances, such as washing machines, dish washers, microwaves, and
more, Annex I of EC/1275/2008 lists several consumer electronics (identified as “consumer
equipment”) covered by the regulation. They are, according to the actual regulation:
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•
Radio sets
•
Television sets
•
Video cameras
•
Video recorders
•
Hi-fi recorders
•
Audio amplifiers
•
Home theatre systems
•
Musical instruments
•
And other equipment for the purpose of recording or reproducing sound or images,
including signals or other technologies for the distribution of sound and image other
than by telecommunications [emphasis added]
Annex I of the standby measure also includes electronic toys and “information technology
equipment intended primarily for use in the domestic environment,” according to the
regulation. All of this has led some vendors to conclude that the standby measure applies only
to consumer electronics.
To bolster such a conclusion, Article 1 of the standby measure, which describes its subject
matter and scope, states, “This Regulation establishes Ecodesign requirements related to
standby and off mode electric power consumption. This Regulation applies to electrical and
electronic household and office equipment.” Article 2, which delves into definitions, further
states:
“‘Electrical and electronic household and office equipment’ (hereafter referred to as
‘equipment’), means any energy-using product which:
(a) is made commercially available as a single functional unit and is intended for the enduser;
(b) falls under the list of energy-using products of Annex I;
(c) is dependent on energy input from the mains power source in order to work as intended;
and
(d) is designed for use with a nominal voltage rating of 250 V or below,
also when marketed for non-household or non-office use.” [emphasis added]
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To be clear, although the regulation certainly gives the impression that it applies to consumer
electronics, and therefore consumer audio products, there is enough open-ended language that
it could also apply to a variety of pro audio products. In fact, two different parties can read the
sections above and come to two different conclusions. Some audio manufacturers have
interpreted it to mean that the standby measure only applies to consumer products, not pro
audio gear. But focus on the italicized sections, and one could draw a different conclusion.
It’s worth noting that, to an extent, the distinction between consumer and pro audio products is
not as clear in the EU as it is, for example, in the United States. In communications with the EC,
it was apparent that this distinction was not always clear to officials and required further
explanation. When pressed on the question of whether pro audio gear falls under
EC/1275/2008, EC officials did not say for certain that it did. But citing the language above, they
made the argument that yes, audio equipment sold for professional applications could be
subject to EC/1275/2008. In addition, the EC made it clear that other audio equipment not
expressly listed in Annex I of the regulation—mixers, DSPs, etc.—could be subject to its
Ecodesign requirements.
Finally, the EC does not make a distinction among sales channels when it comes to audio
equipment sold in the EU. If a consumer audio product is used in a pro application, it is subject
to EC/1275/2008. If a pro audio product is sold to consumers through MI channel outlets, it is
also subject to EC/1275/2008.
Where pro audio manufacturers may find relief is in cases where their pro products are
significantly different technologically than their consumer products. In one exchange, an EC
representative wrote, regarding Standby Regulation EC/1275/2008:
“A ‘consumer product used in a commercial/enterprise environment’ clearly falls within the
regulation and has to comply with it. A device which is technically significantly different from a
device for consumers, i.e. if it is a specific device only for professional use, does not. In cases
where such a distinction is not clear, it will be up to the market surveillance authorities to
decide.”
As clear as this interpretation appears, we are loath to endorse it as exempting all pro audio
products from ErP regulation, specifically standby/power-off power consumption regulation. It
is recommended that pro audio manufacturers and their distributors/importers in Europe
investigate further whether certain products meet this threshold.
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Ensuring ErP Compliance
If all this sounds like an exercise in legal interpretation, it’s because it is. Over a period of
months communicating with EC officials and attempting to clarify ErP requirements for pro
audio manufacturers selling into the EU, the common theme running through their guidance
was that it is up to the manufacturer to determine whether a product falls under ErP-related
measures, and therefore must comply with their regulations. And if it is determined that a
product must comply, it is up to the manufacturer to document that it does.
EU member states maintain market surveillance authorities, which are tasked with ensuring that
companies adhere to ErP regulations. If a product is deemed to fall within the scope of an ErP
implementing measure, companies that sell products in Europe (or their distributors, importers,
or other channel partners, if the companies do not maintain a European presence) must provide
a Declaration of Conformity, which in the case of audio products and ErP standby regulations,
would include technical documentation that demonstrates the equipment’s power consumption
in standby and off-mode.
Note: The decisions of market surveillance authorities are not legally binding in the EU. Only
decisions by the European Court of Justice are.
As outlined in the previous section, there is little to indicate that the intended user, application,
or sales channel would preclude a pro audio product from falling under Standby Regulation
EC/1275/2008. (The other eight ErP-related implementing measures do not pertain to audio
electronics; therefore the only area of regulatory concern for pro audio manufacturers should
be standby/off-mode power consumption.)
Even so, there will continue to be questions about whether pro audio products must comply,
based on other factors. Manufacturers are urged to perform their due diligence, while being
aware of provisions in ErP regulations and possible interpretations that could exempt certain
products. Market surveillance authorities can help determine necessary conformance, as can a
cottage industry of consulting firms that has sprung up to help companies navigate new
regulations.
Some examples of situations that may/may not affect ErP requirements for pro audio
equipment include:
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Cases of product functionality. This may be one of the most important aspects of the ErP
standby regulation for pro audio manufacturers, depending on the products in question. If
complying with an ErP measure would limit or adversely affect the functionality of a product,
the manufacturer could make the case that it need not apply to that particular product. Standby
Regulation EC/1275/2008 states, “The Ecodesign requirements should not have negative impact
on the functionality of the product and should not affect negatively health, safety and
environment.”
There are two ways of looking at this. First, if a pro audio product must consume more than .5W
in standby mode to achieve its intended function, it may not be required to comply with
EC/1275/2008. Second, if that function supports health and safety, for example in an emergency
notification or similar application, it may not be required to comply with EC/1275/2008. Again,
manufacturers must make that determination, possibly in consultation with market surveillance
authorities.
The EC maintains an FAQ document regarding the ErP directive and implementing measures
(with the notable caveat that what it contains is not legally binding). It was last updated in
March 2013 and includes a video-related question-and-answer that illustrates the issue of
functionality.
The EC received this question: “Are video recorders for professional purposes (security services)
within the scope [of EC/1275/2008]?”
To which it answered:
“Video recorders belong to category 3 (consumer equipment). There are two possible cases:
a) There is technically a real difference vis-à-vis the consumer product and it is marketed
as professional equipment: The video recorder for professional use would still be in the
scope of regulation 1275/2008, but the manufacturer might have more right to claim
that standby/off and the power management are ‘inappropriate for the intended use.’
b) The product is technically identical but the users are different: The default setting would
need to be compliant with 1275/2008. However, the (professional) users are able to
change the settings.”
If pro audio manufacturers are able to state similar cases for their products, they could be
exempt from ErP measures.
Cases of sales volume. The original EuP directive alluded to sales volume determining
compliance, but did not give a number. The ErP is more specific. Article 15 of Ecodesign
Directive 2009/125/EC says the following about the criteria for determining whether an
implementing measure applies to a product: “The product shall represent a significant volume
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of sales and trade, indicatively more than 200,000 units a year within the [European]
Community, according to the most recently available figures.”
This information appears to confirm what several audio manufacturers have indicated as their
understanding of the language—that if they don’t sell a significant number of products in the
EU, they are not required to comply with ErP implementing measures to obtain CE Marking
(although they may need to comply with other directives ).
According to EC officials, however, the 200,000 unit sales provision, which is written into the ErP
directive and not into the relevant ErP implementing measure, is actually a criterion used by the
EC to determine whether an implementing measure is required in the first place. In other words,
if a product type doesn’t have significant sales, it likely doesn’t require ErP regulation.
When it comes to Standby Regulation EC/1275/2008, it is the EC’s position that the various
types of products listed in Annex I amount to billions of unit sales, therefore the implementing
measure applies to all categories.
Cases of existing products on the market. This situation, at least, seems clear. Regardless of
application, functionality, sales volume or other criteria, if a pro audio product is on the market
in Europe before an ErP implementing measure goes into effect, the manufacturer does not
need to comply with the implementing measure. That said, if a vendor outside the EU sells noncompliant products before an implementing measure goes into effect, but they will arrive in
Europe after the measure goes into effect—and the product falls under scope of that
implementing measure—it would violate EU law.
Because the only measure likely to impact pro audio is the standby measure, and the standby
measure has been fully implemented since January 2013, determining what products might be
grandfathered under the ErP directive should be easy to determine.
Future ErP Directive Measures
The EC views Standby Regulation EC/1275/2008 as a “horizontal” measure in that it spans many
product categories. Among the remaining implementing measures now in effect, there are
several “vertical” measures that apply to specific product categories (TVs, set-top boxes,
refrigerators). None pertains to audio equipment.
Before an implementing measure is proposed, the EC commissions an Ecodesign preparatory
study, followed by an impact assessment. One such preparatory study was completed in 2010,
covering “Sound and Imaging Equipment: DVD/video players and recorders, video projectors,
video game consoles.”
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In 2012, the EC launched an impact assessment study for the category. Note that neither study
includes audio equipment (despite their stated product category coverage). According to the EC,
no ErP implementing measures pertain directly to audio equipment, nor are any planned.
Something that may be lost among ErP directives and implementing measures is a provision by
the EC to allow certain industries to self regulate. In the case of possible confusion over ErP and
pro audio products, and in the event the EC does eventually turn its attention to audio products,
there is room for a consortium of manufacturers to submit its own proposals for energyefficiency measures. For example, in response to the existing studies on regulating sound and
imaging equipment, game console manufacturers submitted a draft proposal to self-regulate the
energy efficiency of their products.
Conclusion
Attempts to clarify ErP and its impact on pro audio can be edifying and frustrating, with
questions often leading to answers—and more questions. Clarifying ErP’s application to pro
audio products will also undoubtedly prove challenging for the EC itself over the coming years.
In the short term, at least, companies can rest assured that ErP regulations to date apply only to
power consumption of their products in standby and off-mode. Therefore, if they are already
acting to reduce standby power consumption to less than .5W (or less than 1W), in order to
conform to other energy-efficiency initiatives, then they are well on their way to conforming to
ErP, whether required to by law or not.
As ErP gains mindshare in the EU, audio manufacturers will use it as a market differentiator, as
well as a necessary requirement for CE Marking. A handful of audio manufacturers already tout
certain products’ adherence to ErP energy-efficient requirements, the same way they might
trumpet ENERGY STAR for products sold in the U.S.
As one European audio vendor said regarding ENERGY STAR and similar initiatives, “I
find it a hell of a lot better to embrace these programs than fight them.”
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Appendix A
Resources
Pro audio manufacturers should acquaint themselves with ErP and the Standby Regulation. The
following links are useful:
1. Overview of the Ecodesign Directive and links to additional information, including country-bycountry contacts:
http://ec.europa.eu/enterprise/policies/sustainable-business/ecodesign/index_en.htm
2. Overview of ErP and the implementing-measure process:
http://ec.europa.eu/energy/efficiency/ecodesign/eco_design_en.htm
3. Frequently Asked Questions (FAQ) on the Ecodesign Directive and its Implementing
Regulations [PDF]:
http://ec.europa.eu/enterprise/policies/sustainable-business/documents/ecodesign/guidance/files/faq_en.pdf
4. Text of Standby Regulation EC/1275/2008 [PDF]:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:339:0045:0052:en:PDF
5. Guidelines on Implementing Standby Regulation EC/1275/2008 [PDF]:
http://ec.europa.eu/energy/efficiency/ecodesign/doc/legislation/guidelines_for_smes_1275_20
08_okt_09.pdf
6. Preparatory study for “sound and imaging” equipment:
http://ec.europa.eu/enterprise/policies/sustainable-business/ecodesign/product-groups/soundimaging/index_en.htm
7. Information about the CE Marking process:
http://ec.europa.eu/enterprise/policies/single-market-goods/cemarking/about-cemarking/index_en.htm
8. Guidance from the U.S. government on navigating ErP (via Export.gov):
http://export.gov/europeanunion/energyrelatedproducts
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Appendix B
Verbatim Communications from EC Officials
In the course of producing this examination of Europe’s Ecodesign Directive, we conducted
many email exchanges with representatives from the office of EC Vice President Antonio Tajani.
Rather than quote all of them at length in the whitepaper itself, we have chosen to summarize
their positions in our analysis and reproduce select communications in their entirety below.
Throughout the process, EC officials did not grant us telephone interviews, preferring to
communicate over email. This led to considerable back-and-forth, some confusion, efforts at
clarification, and eventually the EC cutting off communication.
On whether there are ErP regulations relating to pro audio products:
“Please note that there is some confusion on the application of the directive. The
Ecodesign Directive is a framework Directive that only applies if secondary legislation is
adopted for specific products. So far no Ecodesign Implementing Measures have been
adopted for audio products.
Implementing Measures define exactly the scope, the requirements and also the times
by when a measure applies. The measures apply only for new products placed on the
European market. The manufacturers or importers responsible for putting it on the
market confirm by putting the CE-marking that their products comply with the
requirements. Implementing regulations are harmonised legislation applying directly for
all products in all EU Member States. All Member States have Market Surveillance
authorities who are responsible for checking compliance.
On audio products: A preparatory study for sound and audio equipment is available on:
http://ec.europa.eu/enterprise/policies/sustainable-business/ecodesign/productgroups/sound-imaging/index_en.htm
The study covers video players and recorders, projectors, and game consoles. Currently,
an impact assessment study including a draft self-regulation for game consoles is going
on. Measures on other audio products are currently not envisaged.”
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On whether certain types of audio products and not others fall under ErP regulation:
“It is the responsibility of the manufacturer or its authorised representative to declare
that the product complies with all relevant provisions of the applicable implementing
measures, so it is up to them to check their products individually. It is not up to us to
confirm the coverage of this or that product.”
On whether Standby Regulation 1275/2008 applies to certain pro audio products not
expressly listed in Annex 1 of the implementing measure:
“The Standby Regulation 1275/2008 you refer to is an Implementing Measure under the
Ecodesign Directive. The scope is defined in Article 1 and 2 and Annex I. In contrast to
other regulations for just one specific product group, the 'horizontal' standby regulation
covers many products listed in its Annex I. A product is in the scope of Regulation
1275/2008 when the criteria set out in its Article 2(1) are met, regardless of the
marketing channel. Products covered by implementing measures must fulfill the
requirements in order to be placed on the market and/or put into service.
It is not a task of the European Commission to check if individual products fall in the
scope of a Regulation. With regard to Article 5 of the Ecodesign Directive 2009/125/EC,
it is the responsibility of the manufacturer or its authorised representative to declare
that the product complies with all relevant provisions of the applicable implementing
measures.
However, on your specific question about an amplifier I can express my personal view
which may not in be regarded as stating an official position of the European
Commission. I would like to draw again your attention to Standby Regulation (EC) No
1275/2008, Article 1 and 2 and Annex I. In Annex I under 3. Consumer Equipment it
says: ‘And other equipment for the purpose of recording and reproducing sound…’ I see
no indications why amplifiers shouldn't be within the scope.”
On whether the sales channel or ultimate end users (pro versus consumer) affects whether a
product is subject to ErP measures:
“[Regarding] the professional/consumer product distinction. The definition given in
Article 2 of the regulation (below) means that in case the product is intended to be sold
to end-users, even if the end-user is a ‘professional’, that product will be covered "also
when marketed for non-household or non-office use.’
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The Annex can only be interpreted in conjunction and conformity of the scope.
Furthermore, the regulation does not distinguish among marketing channels: all
products included in the scope have to comply, regardless of the way they are sold.
Please note that according to the article the device is out of scope if it has no energy
input from the mains power source. To reply more precisely to your question, a
‘consumer product used in a commercial/enterprise environment’ clearly falls within the
regulation and has to comply with it. A device which is technically significantly different
from a device for consumers, i.e. if it is a specific device only for professional use, does
not. In cases where such a distinction is not clear, it will be up to the market surveillance
authorities to decide, and in case of controversy it will be the EU Court of Justice to
provide a definitive interpretation.
Article 2
Definitions
For the purposes of this Regulation, the definitions set out in Directive 2005/32/EC shall
apply. The following definitions shall also apply:
1. ‘electrical and electronic household and office equipment’ (hereafter referred to as
‘equipmett’), means any energy using product which:
(a) is made commercially available as a single functional unit and is intended for the enduser;
(b) falls under the list of energy-using products of Annex I;
(c) is dependent on energy input from the mains power source in order to work as
intended; and
(d) is designed for use with a nominal voltage rating of 250V or below, also when
marketed for non-household or non-office use”
On whether there is a sales threshold above which audio products would be subject to ErP
regulation:
“The 200.000 units-criterion is an indication for the European Commission to decide if
an eco-design measure should be envisaged or not. We have to prove that our measures
fulfill this criterion; otherwise it does not have a real relevance for the manufacturer, in
particular once the regulation is adopted.
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In other words, if a regulation is adopted it means that the criteria (of which the
threshold is only one, and an indicative one) listed in Article 15 of the Directive are met,
otherwise it would not be possible to adopt it. This applies to all Ecodesign regulations.
More specifically, the stand-by regulation refers to many energy consuming products;
the numbers are not just those of a single product category such as amplifiers (listed
among tens of others in Annex I of the regulation, see link attached) but those of the
total of all products covered by the regulation. Their combined sales numbers amount
to billions. All products listed, including amplifiers, are in the scope of regulation
1275/2008 and manufacturers have to fulfill the requirements set out in the regulation.”
Ultimately, the EC chose not to continue with our communications. This was more an indication
that answering all questions regarding ErP and pro audio is nearly impossible, and trying to do
so leads to more questions. As alluded to below, there will be case-by-case judgments when
applying ErP regulations to pro audio, therefore it is incumbent upon pro audio manufacturers
to build expertise around the topic and, where applicable, identify a trusted consultant who can
guide them in conformance:
“We have provided as much as possible clarification of specific requirements and
provisions of the directives/regulations and send [sic] you available guidance documents
to ensure a common understanding. We explained the scope of the standby regulation
and that its application is regardless of the marketing channel. We explained the catch
all clauses 'and other equipment' and went even further, although a remote assessment
of products is nearly impossible, and expressed personal views that we for example see
no indications why some other audio equipment products like amplifiers shouldn't be
within the scope. We cannot provide more clarification. Very specific expertise can be
ordered on the open market. However in case of dispute or diverging views, it rests with
the EU Court of Justice to provide definitive interpretation of a Directive.
The Commission has the right to discontinue exchanges of correspondence if a
communication is for example repetitive. Therefore no further replies concerning the
same subject will be sent.”
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