Schedule 7: Resource efficiency requirements
Part 1: Requirements
General power
- Paragraph 1(1) is a power which enables the relevant national authority, as defined in section 53, to make product-specific regulations setting requirements relating to a product’s resource efficiency.
- Sub-paragraph (2) exempts energy-related products as defined in the Ecodesign for Energy-Related Products Regulations 2010 (S.I. 2010/2617)), food products, medicinal products and veterinary medicinal products from being subject to regulations made under this measure. The resource efficiency of energy-related products may be regulated under separate powers. Food and medicines are already extensively regulated so it is not considered appropriate to impose further regulation relating to resource efficiency of those products.
- Sub-paragraph (3) allows regulations to be made in relation to the packaging of those products listed in sub-paragraph (2).
Meaning of "resource efficiency requirements"
- Paragraph 2(1) defines "resource efficiency requirements" as any requirement which is relevant to the product’s impact on the natural environment and which falls within sub-paragraphs (2) or (3). "Natural environment" has the same meaning as in section 44.
- Sub-paragraphs (2) and (3) together provide an exhaustive list of types of resource efficiency requirements which may be made about a product. Sub-paragraph (2) includes requirements relating to aspects of the product’s design which affect its expected life, the product’s durability, reparability, and upgradeability, including potential for being remanufactured and the ways in which it can be disposed of at the end of its life. This would enable, for example, a requirement that the product is designed so it can be disassembled, and that spare parts are to be made available in order to facilitate repair. It would also enable a requirement for materials used in the product to be recyclable.
- Sub-paragraph (3) includes other requirements relating to the impact of the product on the natural environment: these include the materials and techniques used in its manufacture, the resources consumed during its production or use (for example, water or fuel), and the pollutants (such as greenhouse gases) released or emitted during its production, which includes extraction of raw materials, as well as use or disposal. This would enable, for example, a requirement that timber used in a product must be sustainably sourced.
- Sub-paragraph (4) provides for resource efficiency standards to be specified either in the regulations or by reference to standards prepared by a third person, which may be pre-existing standards such as an ISO standard.
Persons on whom requirements may be imposed
- Paragraph 3 sets out the persons who may be subject to requirements under regulations made pursuant to this measure. These are limited to those who are involved in the manufacture, import, distribution, sale or supply of the product. This may include someone who supplies a product by way of hire or lease.
Examples of provision that may be made
- Paragraph 4 gives examples of provisions that may be made. These include, in sub-paragraph (1), provisions which prohibit a product from being distributed, sold or supplied if it fails to meets the requirements in the regulation, and provisions requiring persons involved in a product’s supply chain to keep records or information about the product and provide this to other such persons where appropriate.
- Sub-paragraph (2)(a) sets out that regulations may also include provision about how and by whom determinations about a product’s compliance with resource efficiency regulations may be made. Sub-paragraph (2)(b) enables regulations to provide for appeals against such determinations. Sub-paragraph (2)(c) enables provision to be made about evidencing a product’s compliance with resource efficiency requirements, for example requirements to affix a label or apply a marking to a product.
Consultation etc requirements
- Paragraph 5 sets out the steps the relevant national authority must follow, and matters of which the authority must be satisfied, before making product-specific regulations under Part 1 of this Schedule.
- Sub-paragraph (1) requires the relevant national authority to consult such persons as the authority considers appropriate, and to publish for the purposes of the consultation an assessment of the matters of which it is required to be satisfied before making regulations, and a draft of the regulations. The consultation requirement in paragraph 5 of Schedule 7 may be met by a consultation before paragraph 5 comes into force.
- Under sub-paragraphs (3) to (5), those matters are:
- that the product has a significant impact on the natural environment (if there are no existing regulations under Part 1 of this Schedule applying to the product);
- that the regulations would be likely to reduce that impact (in all cases);
- that the benefits would be significant as against the likely costs of the regulations; and
- that a reduction in the product’s environmental impact could not be achieved as effectively by other means.
- Sub-paragraph (6) sets out that the relevant national authority must also consider whether exemptions should be given or other special provision made for smaller businesses. "Smaller businesses" is not defined in the Schedule, so that there is flexibility for regulations relating to different products to apply exemptions or special provisions to different descriptions of smaller businesses. The need for exemptions or special provisions, and the businesses to which they should apply, will be considered as part of the impact analysis.
Interpretation
- Paragraph 6 contains definitions for the purposes of Part 1 of this Schedule. In particular, it defines "product" as including a product which is a component part of, or packaging for, another product. A component part could, for example, be the engine of a vehicle.
Part 2: Enforcement
- This Part gives the relevant national authority powers to make regulations containing provision for the enforcement of resource efficiency requirements. The powers are identical to those in Part 2 of Schedule 6 (resource efficiency information).
