Support to energy labelling and ecodesign in Ukraine
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Among the main achievements of the INOGATE Programme of the European Commission, which terminated in April 2016, was the support provided to the State Agency on Energy Efficiency and Energy Saving of Ukraine (SAEE) in the further development of energy labelling regulations and in defining priorities and the most efficient and effective way of transposing the EU Ecodesign Directive and Implementing Measures into Ukrainian legislation. The activity was directed by Wolfgang F. Lutz, who served as Key Expert for Sustainable Energy of the INOGATE Programme from January 2015 to April 2016.
In 2015, the State Agency on Energy Efficiency and Energy Saving of Ukraine (SAEE) requested the INOGATE Technical Secretariat to assist in the further development of energy labelling regulations under Resolution of the Cabinet of Ministers No 702 “On approval of technical regulations on energy labelling» (in English), which transposes the Energy Labelling Directive 2010/30/EU, and to propose a roadmap for the transposition of the Ecodesign Directive 2009/125/EC and of Implementing Measures for energy-related products.
The assistance, which was provided between October and December 2015, covered the following tasks:
- Translations of EU Ecodesign Regulations into Ukrainian and of existing Ukrainian Technical Regulations (TR) for Energy Labelling of energy-related products into English;
- The review of draft TRs for Energy Labelling of household tumble driers, household ovens and range hoods, vacuum cleaners, air conditioners and water heaters;
- Advise with regard to the most appropriate legal option to transpose the EU Ecodesign Directive into Ukrainian legislation;
- Advise with regard to the prioritisation of the introduction of Ecodesign TRs for energy-related products (ErPs) in Ukraine;
- Provide a list of European harmonised measurement standards for products covered by existing and future Ecodesign and Energy Labelling Regulations in Ukraine;
- Support to the VII International Investment Business Forum on Energy Efficiency and Renewable Energy (10-13th November 2015), in particular the organisation and implementation of workshops on Ecodesign and Awareness Raising, and the implementation of an Experts’ Zone.
While the translations of EU Ecodesign Regulations into Ukrainian and of existing Ukrainian TRs for Energy Labelling into English were straightforward services provided to SAEE, the reviews of the draft TRs for Energy Labelling were embedded in the process of approving these TRs, which involves several stages of stakeholder consultation, review by different Ministries and other public authorities, and finally by the Cabinet of Ministers of Ukraine (CMU).
Regarding Ecodesign, a critical question concerns the most appropriate legal option to transpose the EU Ecodesign Directive. Based on meetings with SAEE and stakeholders, a review of relevant primary and secondary legislation, and an evaluation according to relevant criteria and arguments brought forward in favour and against, the following three options were analysed: transposition (1) as a Law of Ukraine, (2) as a TR based on a Resolution of the Cabinet of Ministers of Ukraine, and (3) as an Article of the new Energy Efficiency Law, which requires the transposition of the Directive as TR by Resolution of the Cabinet of Ministers.
Taking into consideration that the current legal framework requires the transposition of the Directive as a legal act (technical regulation) of the Cabinet of Ministers, as well as considerations like legal stability, Government leverage of enforcement, investor confidence and the usually long periods required by the Ukrainian Parliament for passing laws, it was found that Option 3 (Transposition as Article of the new Energy Efficiency Law, which requires the transposition of the Directive as TR by Resolution of the Cabinet of Ministers) is the only option which satisfies all criteria and was therefore recommended as the preferred option.
In order to establish an order of priority in which to transpose and adopt the 22 Ecodesign TRs, which are due to be transposed as part of Ukraine’s commitment under the EU – Ukraine Association Agreement, the following criteria were applied:
- The Ecodesign product group commitments made within the Action Plan for the Implementation of the Association Agreement in 2014;
- The complementarity of introducing an Ecodesign TRs for a product group that in Ukraine already has an existing Energy Labelling TR;
- The anticipated level of technical complexity and contentiousness involved within the process to develop, consult, adopt and implement the product specific TRs;
- The expected energy savings as a result of the implementation of the individual product specific TRs.
The application of these criteria resulted in the following order of priority: In the first place the product groups cited in the Action Plan, including simple set top boxes, external power supplies, and tertiary and non-directional lighting. The second priority includes those product groups which already have an Energy Labelling regulation, including household appliances such as refrigerators and washing machines, lamps and air conditioners. The list concludes with the remainder of the residential and household products and space heaters, as well as ‘industrial’ products, like electric motors, fans and circulators.
In order to implement Energy Labelling and Ecodesign Regulations of energy-related products, it is necessary to make use of measurement standards, which allow the declaration and verification of the technical parameters required by the respective regulations. The EC has therefore mandated the European standardisation bodies CEN, CENELEC and ETSI to elaborate appropriate European harmonised measurement standards. According to Ukrainian legislation, all international (including European) standards to be applied in Ukraine must be adopted as Ukrainian National Standards. In order to facilitate SAEE’s work with the respective Standardisation Committees in Ukraine, a list of standards and transitional method of measurement which apply to the 22 product groups under consideration, were established and submitted to SAEE.
Further to the Technical Assistance on Energy Labelling and Ecodesign, INOGATE contributed to the VII International Investment Business Forum on Energy Efficiency and Renewable Energy, which was organised by SAEE from 10 to 13 November 2015 in Kyiv, by organising and implementing the workshop «Ecodesign: the experience of the EU and first steps in Ukraine», as well as a workshop on awareness raising and an experts’ zone.