Last Updated:	2007-11-25
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Introduction

The 2005 Directive on energy-using products (EuPs) establishes a framework for the setting of eco-design requirements for such products. The directive entered into force on 11 August 2005 and must be implemented by the Member States before 11 August 2007. Many member states had not implemented the EuP Directive by the deadline. The directive is up for review by 6 July 2010.

The EuP Directive is based on the "New Approach" to harmonization of technical standards and is the first piece of legislation implementing the Commission's Integrated Product Policy (IPP) strategy. The EuP Directive is regarded as a crucial factor in the EU's IPP because it constitutes a preventive approach, "designed to optimize the environmental performance of products, while maintaining their functional qualities."

The Directive constitutes a framework directive; products are not be subject to eco-design or energy efficiency requirements until implementing measures (so-called "Commission Directives") have been issued. The directive itself does not create legal obligations for manufacturers. Under an implementing measure, manufacturers will be required to perform an assessment of the environmental aspects of their products throughout their life cycle. They will have to use this assessment to evaluate alternative design solutions, with the aim of improving the environmental performance of their products.

The EUP Directive is based solely on Article 95, the internal market provision, of the Treaty. This will limit the Member States' ability to adopt restrictions going beyond those adopted pursuant to the EUP Directive. Accordingly, the Directive's objective is to ensure the free movement of products meeting eco-design requirements within the EU. Member States may not prohibit or restrict the placing on the market or putting into service of an compliant EUP on grounds of eco-design aspects (i) covered by the implementing measure, or (ii) as to which the implementing measure provides that no eco-design requirement is necessary.