GEN – 1006.00. In cooperation with Orgalim, the Eurovent Team regularly provides you with an in-depth overview on all European legislative developments of relevance for the HVACR sector. The Bulletin provides for a hands-on compendium allowing the industry to assess the status quo and expected future developments. In addition to recent sector specific issues, our Team has summarised some of the key takeaways within this article.
Name change: Orgalime to Orgalim
At the end of January, Orgalime decided to shorten its name to Orgalim. At the same time, the website was refreshed and updated: https://www.orgalim.eu/.
On 22 January 2019, the European Commission published an updated ‘Notice to stakeholders on the UK withdrawal from the EU’ and its impact for industrial products placed on the EU-27 market as of the withdrawal date (‘Brexit date’). This notice deals with the consequences for industry, economic operators, conformity assessment procedures and Notified Bodies.
The Commission also issued a Q&A document (https://ec.europa.eu/info/sites/info/files/qa_brexit_industrial_products_en.pdf) based on this Notice on the outcomes in terms of placing on the market of goods, in the event of a hard Brexit (i.e. the UK becoming a third country on 30 March 2019). On 18 February, this was followed by an ‘no-deal’ (http://europa.eu/rapid/press-release_IP-19-901_en.htm) outreach to EU businesses in the area of customs and indirect taxation and to advise businesses that want to continue trading with the UK after 30 March on what they need to do to ensure a transition which is as smooth as possible.
A range of materials (https://ec.europa.eu/taxation_customs/uk_withdrawal_en) has been made available to businesses, including a simple 5-step checklist (https://ec.europa.eu/taxation_customs/sites/taxation/files/brexit_checklist_for_traders_en.pdf), providing an overview of the steps to be taken.
Given the uncertainty of the Brexit negotiations, this plan would be applicable if the UK leaves the EU without an agreement. On the contrary, if a Withdrawal Agreement is ratified before 30 March 2019, EU legislation will cease to apply to and in the UK on 1 January 2021 – after a transition period of 21 months.
Regulation on market surveillance and compliance
An agreement on the Regulation ‘on market surveillance and compliance of products’ (formerly called the compliance and enforcement Regulation) was reached and the publication should be forthcoming.
The Regulation lists the economic operators who are responsible for compliance information as well as their obligations in Article 4: essentially to ensure that the technical documentation and Declaration of Conformity (DoC) have been drawn up, and to keep this documentation at the disposal of the market surveillance authorities (MSAs) for the duration defined in applicable EU harmonisation legislation.
Article 9 on cooperation between MSAs and economic operators which has been strongly defended by industry stakeholders allows the MSAs and economic operators to cooperate in carrying out joint activities. These activities are aimed at promoting compliance, identifying non-compliance, raising awareness and providing guidance in relation to the applicable Union harmonisation legislation, especially about products presenting a serious risk, including products sold online. Most importantly, establishing an agreement on joint activities is subject to the following conditions: not creating unfair competition between economic operators, and not affecting the objectivity, independence and impartiality of the parties involved.
EU – Japan
On 1 February, the EU-Japan Economic Partnership Agreement (http://europa.eu/rapid/press-release_IP-19-785_en.htm) entered into force and became effective, creating the largest open trade zone in the world.
99% of the tariffs applied on EU exports to Japan will be removed.
EU – US
On 18 January, the EC adopted two proposals for negotiating directives (http://europa.eu/rapid/press-release_IP-19-502_en.htm) for its trade talks with the United States on elimination of tariffs for industrial goods and on conformity assessment.
The negotiating directives, submitted to the Council for approval, implement the Joint Statement and cover two potential agreements with the US:
- A trade agreement focused on the removal of tariffs on industrial goods, excluding agricultural products.
- A trade agreement on conformity assessment. This would help address the objective of removing non-tariff barriers, by making it easier for companies to prove that their products meet technical requirements on both sides.
As for the next steps, the Member States now must give their consent to the proposals before the negotiations with US can start. The EU Council of Ministers is expected to adopt the draft negotiating mandates in March.
Eurovent has meanwhile discussed the sector specific American proposals the Commission staff negotiating the EU-US agreement.
Energy Performance of Buildings (EPBD)
The feasibility study led by INIVE and BPIE on the potential of implementing inspections for standalone ventilation systems and the development of an optional building renovation passport complimentary to energy performance certificates has started and should be finished before 2020.
The relevant Eurovent Product Groups have been informed. The first of two stakeholder meetings one is scheduled for 24 June 2019 in Brussels. You may register as a stakeholder (https://docs.google.com/forms/d/e/1FAIpQLSfvFFDi54dwOFRCsm4DikZgEfODQJHAdePLlarOQx1rkCNjeQ/viewform?usp=send_form) and further information is available on the study website: https://www.epbd19a.eu
Energy Labelling Regulation
The European Product Database for Energy Labelling (EPREL) is not yet fully finalised,
To ensure that product manufacturers or importers could comply with their legal obligations, the functionalities for Market Surveillance Authorities were delayed. The European Commission considers this to be a “grace period” to allow manufacturers or importers to familiarise themselves with the database. The functionalities for Market Surveillance Authorities will become available as from March 2019.
Possible merging of the energy labels for Local space heaters and air conditioners
The consultant dealing with the revisions of both these product lots have asked stakeholders for feedback on this potential merger of these energy labels. Eurovent as well as other associations have prepared a Position Paper outlining its concerns.
Ecodesign and Energy Labelling of refrigeration appliances with a sales function.
The preparatory study for these products started as ENER Lot 12 Commercial refrigeration in 2005. The draft texts for the Ecodesign and Energy Labelling Regulations were adopted in at the end of January 2019. The European Parliament and Council scrutiny will take place during March-April of 2019. The formal adoption is now expected for August/September.
The Regulatory Committee has approved the measure on motors (ENER Lot 30). However, according to available intelligence, the text has undergone substantial modifications including the removal of one exemption, changes to the level of information requirements, and more. Further details on the full changes will become possible once the full text is published in March.
The modifications are delaying the work on the revision of the Fan Regulation.
On 20 February, The European Commission launched a consultation on the draft Implementing Regulation ensuring the smooth functioning of the electronic registry for quotas for placing hydrofluorocarbons on the market. The consultation is open until 20 March 2019, see also GEN – 1000.00.
The members are recommended to read the related document that contain more detailed information. For the products covered by Eurovent, the related GENeral and Product Group documents provide detailed up-to-date information
Related documents and links
All related documents and articles can be found in the respective sections in the right sidebar.
- GEN – 1006.01 – Information bulletin 31 – 1/2019 – March 2019
- GEN – 1006.02 – Legislative update 31 – 1/2019 – March 2019
- GEN – 978.00 – Eurovent Information Bulletin 30 5/2018 December 2018