Standby mode - first milestone imminent

In an earlier LawNow we outlined the provisions of the Eco-design Regulation ((EC) No. 1275/2008) click here to view . This Regulation is an “implementing measure” under the Eco-design for Energy Using Products Directive (2005/32/EC) (the “Directive”). The Regulation became law on 7th January 2009 and set out prospective legal provisions relating to the energy efficiency of household and office electrical and electronic equipment whilst in standby mode and off mode. Not surprisingly there is a wide range of products caught by the Regulation (see our earlier LawNow).

From a technical legal perspective it is notable that this is an EU regulation. Unlike EU directives (which require implementation by Member States into their domestic laws), EU regulations have direct effect across the EU.

The prospective requirements of the Regulation apply to relevant electrical and electronic products which are first placed on the market in the EU after two implementation dates. The place of manufacture (i.e. within or outside the EU), is entirely irrelevant. Notably this aspect of “first placing on the market” is not to be found in the Regulation itself. In this regard the Regulation needs to be read together with the Directive.

There are two dates of implementation, and the first date is imminent; it is one month away.

On 7th January 2010, the first set of standby and off mode eco-design requirements will come into play for relevant equipment first placed on the market in the EU. From 7th January 2010, where relevant equipment is connected to the mains power source:

• and the equipment is not providing any function, the power consumption in off mode must not exceed 1 Watt,
• and the equipment has a reactivation function (a facility enabling the main function of the equipment for example, including via remote control or sensor), the power consumption in standby mode must not exceed 1 Watt,
• and the equipment only provides information or a display function (for example a clock or a status display); or a combination of a reactivation and an information/status function, the power consumption in standby mode must not exceed 2 Watts

The second stage will come into force, on 7 January 2013. This period is intended to provide manufacturers with an appropriate time frame to redesign standby and off mode functionalities. The energy consumption limits at this second stage will effectively be half that of the first stage. From this date, the power consumption of a relevant products, first placed on the market in the EU,:

• in off mode, must not exceed 0.5 Watts
• in standby mode, with a reactivation function, must not exceed 0.5 Watts
• in standby mode with information or a display functions, or a combination of a reactivation and an information/status functions, must not exceed 1 Watt.

Manufacturers are obliged to provide technical information for the purposes of assessing conformity with the eco-design requirements and detail the parameters which were used when taking measurements for the conformity assessment.

The Regulation is to be reviewed by the European Commission no later than 7th January 2015, and in its review the EU Commission must consider technological progress made within the industry. The principle is that as technology advances, the law should be tightened to support such clean technology.