The 2005 Ecodesign Directive introduced rules establishing ecodesign requirements for energy-using products. It set ups a framework under which producers of energy using products are obliged, at the design stage, to reduce energy consumption which occurs throughout the product life. The directive determines the conditions and criteria to the Commission to adopt requirements for products through the comitology procedure. Manufacturers who are marketing an energy using product covered by an implementing measure adopted by the Commission are obliged to ensure that their product observes the energy and environmental standards put forward by that measure. The energy using products which comply with implementing measures bear a CE marking and are placed on the internal market.

The Commission has proposed, in July 2008, to extend the scope of the Ecodesign Directive to cover all energy-related products, keeping the exception of means of transport. The Ecodesign Directive currently applies to energy-using products such as heating, water heaters, electric motor systems, lighting, domestic appliances. On 24 September, the Council adopted, without discussion, the revised eco-design directive following a first-reading agreement with the European Parliament, under the co-decision legislative procedure. The amended Directive will cover all energy-related products which are products that do not consume energy during use but have an impact on energy consumption, such as window frames, water-using devices and insulating materials. It sets compulsory minimum requirements to put the products on the market however the definition of such products is far from precise.

The EU’s 27 member states were initially divided as to the definition of energy related products. Nevertheless, member states were able, at the December Energy Council, to reach a general approach on the proposal. The Czech EU Presidency and the European Parliament have recently reached a compromise deal which supports the Commission proposal to extend the scope of the 2005 Eco-design Directive. In a record time, on 24 April, the European Parliament endorsed the deal allowing, in this way, a first reading adoption of the draft directive.

According to the MEPs a clear timetable for further extend the product list should be set up. Hence, they proposed that the Commission should present a proposal by 2012, extending the scope to all products with "significant potential for reducing their environmental impacts throughout their whole life-cycles.” The Member States have not supported such provision hence, according to the compromise, “the Commission shall assess notably the appropriateness of extending the scope of the Directive to non energy related products, in order to achieve significant reduction of environmental impacts throughout their whole life cycle.” Hence, in 2012, the Commission may decide to further extend the directive scope to all products that are not energy related.

There will be therefore a widener choice of product groups for which implementing measures can be adopted. The Commission will develop implementing measures for products with significant environmental impact, considerable potential for improvement as regards its environmental impact and significant volumes of sales and trade, or failure of market to deal appropriately with the issue. The products which will be target by the so called implementing measures still need to be determined.

The Commission will, in 2011, establish a working plan setting out an indicative list of product groups. Member States would be required to take all the necessary measures to guarantee that energy related products affected by implementing measures may be placed on the internal market solely if they comply with such measures and bear the CE marking.

The Commission has been promising to reduce bureaucracy and introduce measures to encourage small and medium sized enterprises however the review of the Ecodesign Directive will put on regulatory burdens and increase costs therefore it will discourage small businesses. Manufactures would have to change their production methods in order to comply with the new rules which would have serious financial implications for them. The SME would have to comply with extra eco-design criteria for a CE mark, further administrative requirements and testing procedures. It should be recall that Guido Lena, UEAPME Director for Sustainable Development has pointed out that there is a risk of a large number of SMEs not being able to comply with minimum requirements and, therefore, such enterprises will not be allowed to place their products on the market.