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Energy using Products in GermanyApril 7, 2008 Germany - Design for EnvironmentGermany has implemented the EU Directive on energy-using products (EuPs) through the Eco-Design Act (“Gesetz über die umweltgerechte Gestaltung energiebetriebener Produkte”). The law was adopted on February 27, 2008 and entered into force on March 7, 2008.
As the EuP Directive, the Eco-Design Act establishes a framework for the setting of eco-design requirements for such products. The Eco-Design Act will be further implemented through executive measures that can be taken by the federal government with the approval of the federal council (Bundesrat). Energy-using products are not subject to eco-design or energy efficiency requirements until executive measures covering those products have been issued by the federal government. The Eco-Design Act 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.
Implementing measures will be enforced by the competent authorities of each of the States that are part of the federal German state. The procedure for the adoption of implementing measures involves consultation of stakeholders, including industry and trade. If a product subject to an implementing measure does not comply with the standards imposed by such a measure, possible sanctions include fines and product recall.
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