16 02 26 CWP 08-12 UA Draft Task Report

INOGATE Country Work Plan Ukraine Technical Assistance to SAEE in the transposition of the

EU Legal Acts on Energy Labelling and Ecodesign into Ukrainian Legislation. Support of the VII International Investment Business Forum on Energy Efficiency and

Renewable Energy (CWP.08/12.UA) Task Report

INOGATE Technical Secretariat and Integrated Programme in Support of the Baku Initiative and the Eastern Partnership Energy Goals

Contract № 2011/278827

A project within the INOGATE Programme

Implemented by:

Ramboll Denmark A/S (lead partner) EIR Global sprl.

The British Standards Institution LDK Consultants S.A. MVV decon GmbH ICF International

Statistics Denmark Energy Institute Hrvoje Požar

January 2016

This report has been prepared with the support of the European Union. The content of this report is the sole responsibility of the experts and can in no way be taken as reflecting the views of the European Union.

Name of the Document

Technical Assistance to SAEE in the transposition of EU Legal Acts on Energy Labelling and Ecodesign into Ukrainian Legislation. Support of the VII International Investment Business Forum on Energy Efficiency and Renewable Energy (CWP.08/12/UA) – Task Report

Status of the document

Draft

Name Date

Prepared by W.F. Lutz, T. Lock, A. Antonenko, A. Cherniavskyi

10/01/2016

Reviewed by M. Allington, W.F. Lutz 15/01/2016

Approved by P. Larsen

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Content

Abbreviations ........................................................................................................................................... 5

Executive Summary .................................................................................................................................. 6

1. Introduction ....................................................................................................................................... 10

2. Background ....................................................................................................................................... 12

2.1. Energy labelling and Ecodesign in Ukraine ................................................................................ 12

2.2 The process of approving Technical Regulations ........................................................................ 13

2.3 Baseline indicators ...................................................................................................................... 16

3. Review of draft Technical Regulations for Energy Labelling of Energy-related Products .................. 16

4. Translation of EU Ecodesign Regulations and of existing Technical Regulations for Energy Labelling of Energy-related Products ............................................................................................................... 19

4.1. Translation of EU Ecodesign Regulations ................................................................................... 19

4.2. Translation of existing Technical Regulations of Energy-related Products ............................... 19

5. Transposition of the EU Ecodesign Directive into Ukrainian Legislation ........................................... 19

5.1. Scope .......................................................................................................................................... 19

5.2. Methodology.............................................................................................................................. 20

5.2.1. Meetings with SAEE and stakeholders ......................................................................... 21

5.2.2 Review of legal documents ............................................................................................ 22

Strategy of development of the system of technical regulation until 2020 .............. 24

5.3. Evaluation of options ................................................................................................................. 24

5.4. Conclusions and Recommendations .......................................................................................... 26

6. Prioritisation of the Introduction of Ecodesign Technical Regulations in Ukraine ............................ 31

6.1. Scope .......................................................................................................................................... 31

6.2. Methodology.............................................................................................................................. 32

6.3. Results ........................................................................................................................................ 33

6.3.1 Criterion 1 – Prioritisation by Commitments within the Action Plan for the Implementation of the Association Agreement ........................................................ 33

6.3.2 Criterion 2 – Prioritisation by Complementing product groups in Ukraine which already have an existing Energy Labelling Technical Regulation with an Ecodesign Technical Regulation .................................................................................................. 33

6.3.3 Criterion 3 – Prioritisation by Level of Technical Complexity and Contentiousness ..... 34

6.3.4 Criterion 4 – Prioritisation by Projected EU Energy Savings by 2020 ............................ 35

6.3.5 Prioritisation .................................................................................................................. 39

Calculation Method ................................................................................................... 39

Prioritised Order ........................................................................................................ 39

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6.4 Conclusions ................................................................................................................................. 41

7. Harmonised Standards for Products Covered by Ecodesign and Energy Labelling Regulations ....... 42

7.1 Scope ........................................................................................................................................... 42

7.2 European Harmonised Measurement Standards and Transitional Methods of Measurement . 43

7.2.1 Scope ............................................................................................................................. 43

7.3 European Harmonised Measurement Standards and Transitional Methods of Measurement . 44

8. Support to the VII International Investment Business Forum on Energy Efficiency and Renewable Energy ............................................................................................................................................... 45

8.1 Workshop "Ecodesign: the experience of the EU and first steps of Ukraine" ............................ 45

8.2 Workshop "Awareness Raising for Energy Efficiency" ................................................................ 46

8.3 Experts zone ................................................................................................................................ 46

8.4 Logistical support ........................................................................................................................ 46

9. Further steps ...................................................................................................................................... 46

10. Conclusions and Recommendations ................................................................................................ 47

List of Annexes and Appendices ............................................................................................................ 50

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Abbreviations

CDR Commission Delegated Regulation

CEN European Committee for Standardisation

CENELEC European Committee for Electrotechnical Standardisation

CMU Cabinet of Ministers of Ukraine

DCFTA Deep and Comprehensive Free Trade Area

DG NEAR Directorate-General for Neighbourhood and Enlargement Negotiations

EBA European Business Association

EC European Commission

ErP Energy-related product

ETSI European Telecommunication Standards Institute

EU European Union

ITS INOGATE Technical Secretariat

Mtoe Million tonnes of oil equivalent

OJEU Official Journal of the European Union

PJ Petajoule

SAEE State Agency for Energy Efficiency and Energy Saving of Ukraine

SGUA Support Group for Ukraine of the EC

ToR Terms of Reference

TR Technical Regulation

TWh Terawatt-hour

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Executive Summary

Ukraine has made considerable progress in the transposition of EU legislation in the field of Energy Labelling and is undertaking first steps towards Ecodesign. In the field of Energy Labelling, the EU Directive 2010/30/EU and four Commission Delegated Regulations (CDR) for energy-related products have been transposed into Ukrainian legislation, with seven more product-specific regulations in different stages of elaboration and approval. While the transposition of the Energy Labelling Directive and of CDRs for energy-related products is an obligation under the Energy Community Treaty, the transposition of the Ecodesign Directive 2009/125/EC is a requirement under the EU – Ukraine Association Agreement.

This assignment was carried out by the INOGATE Technical Secretariat (ITS) following a request received from the State Agency for Energy Efficiency and Energy Saving of Ukraine (SAEE), in accordance of the INOGATE Country Work Programme Ukraine, the "Work Plan 2015" agreed upon between SAEE and ITS, and the Terms of Reference (ToR) for this activity approved by the European Commission (EC), DG NEAR. The assignment covered various tasks, which refer both to Energy Labelling and Ecodesign, and were finalised within the timeframe agreed upon with SAEE:

• 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 five draft TRs for Energy Labelling; • 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 review of the draft TRs for Energy Labelling of household tumble driers, household ovens and range hoods, vacuum cleaners, air conditioners and water heaters, 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). The understanding of this process, which is described in detail in Section 2.2 of this report, as well as of relevant pieces of Ukrainian legislation, is essential to address the comments which SAEE received in different stages of the approval process appropriately. Both translations and reviews of draft TRs were submitted to SAEE and are included in the appendices to this report.

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 by ITS: transposition (1) as

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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.

Among the arguments in favour and against each option, the following arguments are considered to be most relevant:

1. Transposition as, or foundation of, the Ecodesign Directive in primary legislation is expected to provide a more stable legal framework, more leverage to the Government for enforcement and higher investor confidence, and should therefore be seriously considered;

2. However, the very long periods usually required by the Ukrainian Parliament for passing laws are a major concern, and represent a strong argument for pursuing transposition of the Directive by a TR based on a Resolution of the Cabinet of Ministers, taking also into consideration the positive experience in transposing the Energy Labelling Directive in 2013;

3. Relevant legal documents stipulate that the transposition of the Directive must be as a legal act (technical regulation) of the Cabinet of Ministers;

4. Based on stipulations of the Law of Technical Regulations and Compliance Assessment, the Cabinet of Ministers may require the transposition of the Directive as a TR.

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 is therefore recommended as the preferred option, which will facilitate the timely implementation of the Directive, and at the same time ground it in a Law of Ukraine, thereby giving it legal force and providing stability to inspire investor confidence.

A second important question concerns the 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. In order to establish an order of priority, ITS applied the following criteria, which had been agreed upon with SAEE:

1. The Ecodesign product group commitments made within the Action Plan for the Implementation of the Association Agreement in 2014;

2. The complementarity of introducing an Ecodesign TRs for a product group that in Ukraine already has an existing Energy Labelling TR;

3. The anticipated level of technical complexity and contentiousness involved within the process to develop, consult, adopt and implement the product specific TRs;

4. The expected energy savings as a result of the implementation of the individual product specific TRs.

The application of these criteria results in four orders of priority and the ranking shown in Table 6.4. The list starts with the product groups cited in Resolution #847, including simple set top boxes, external power supplies, and tertiary and non-directional lighting. The second order of priority includes those product groups which already have an Energy Labelling regulation, including household appliances such as refrigerators and washing machines. The list concludes with the remainder of the residential and household products and space heaters. ‘Industrial’ products are at the bottom of the list only because they are not included in Resolution #847 and they are not subject to existing Energy Labelling regulations in Ukraine (or the EU). The energy savings possible from this industrial group, especially from electric motors, fans and circulators, are particularly high and are rightfully the subject of a separate industrial products initiative from SAEE.

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In order to implement the CDRs for Energy Labelling and Regulations for Ecodesign 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 for energy-related products regulated under the EU Energy Labelling and Ecodesign Directives.

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, ITS established and submitted to SAEE a list of standards and transitional methods of measurement which apply to the 22 product groups under consideration. Annex 5 to this report provides lists of product groups with European Harmonised Standards, product groups with Transitional Methods of Measurement, and product groups without either European Harmonised Standards of Transitional Methods of Measurement, indicating the respective standards or transitional methods for measurement and/or EC mandates, and their applicability to Ecodesign and Energy Labelling.

Further to the Technical Assistance on Energy Labelling and Ecodesign, ITS 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 workshops on "Ecodesign: the experience of the EU and first steps in Ukraine" and "Awareness Raising for Energy Efficiency", as well as by providing an experts' zone and by providing logistical support to the Forum.

The workshop “Ecodesign: the experience of the EU and first steps of Ukraine”, in particular, focussed on past and current developments in Ecodesign in the EU, and on SAEE's current activities in this field. The workshop provided an opportunity to review the past and current work of SAEE on Energy Labelling, and to discuss first steps towards the transposition of the EU Ecodesign Directive 2009/125/EC and of specific regulations for energy-related products.

In accordance with the Terms of Reference, the overall objectives of this assignment were: (i) further approximation of Ukraine with the EU legislation in the field of energy efficiency, and (ii) to contribute to the improvement of energy efficiency through the transposition of further CDRs for Energy Labelling and through preparatory activities which will facilitate the transposition of the EU Ecodesign Directive and of Ecodesign Regulations for energy-related products.

The baseline situation is reflected by the current status of implementation of Energy Labelling Regulations in Ukraine and by the status of preparatory steps taken by SAEE so far to transpose the Ecodesign Directive and the product-specific Ecodesign regulations. Key tangible results are considered to be: (i) the submission for adoption by Resolutions of the CMU of the five draft energy labelling TRs reviewed by the ITS experts under this assignment, (ii) the elaboration of Ecodesign TRs, based on the EU Ecodesign Regulations, translated by ITS into Ukrainian, according to the "work plan" agreed upon, (iii) improved capacity and awareness of decision makers, experts and the interested public on Energy Labelling and Ecodesign, due to the delivery, by ITS experts, of the workshop "Ecodesign: the experience of the EU and first steps of Ukraine” and of the experts' zone and leaflets distributed at the VII International Investment Business Forum on Energy Efficiency and Renewable Energy (10 to 13th November 2015), (iv) the approval by SAEE of the proposal of ITS with regard to the most appropriate legal option to transpose the Ecodesign Directive, and further steps taken by SAEE to its transposition, (v) the approval by SAEE of the proposal of ITS with regard to the prioritisation of ErPs to be regulated, and further steps taken by SAEE to the adoption of Ecodesign

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TRs according to this prioritisation, and (vi) the adoption as Ukrainian national standards of the European harmonised measurement standards required to implement the required TRs on Ecodesign and Energy Labelling in Ukraine, in accordance with the updated and complete list delivered by ITS. The achievement of these results will be verified according to the standard INOGATE monitoring procedures in March 2016.

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1. Introduction

The assignment was carried out in compliance with the "Work Plan for 2015" signed between SAEE and ITS on 15th July 2015 (Annex 1), and the ToR approved by EC DG NEAR on 8th October 2015.

The "Work Plan" defines two major areas of cooperation: (a) Technical Assistance for the Implementation of Energy Labelling and Ecodesign in Ukraine, and (b) Support of the VII International Investment Business Forum on Energy Efficiency and Renewable Energy to be held in Kyiv from 10 to 13 November 2015.

The scope of work according to the ToR included the following tasks: (a) Technical Assistance for the Implementation of Energy Labelling and Ecodesign

1. Provide experts' opinion with regard to the following five drafts of Technical Regulations (TR) for Energy Labelling of products, which were elaborated by SAEE: Draft TRs for air conditioners, ovens and range hoods, household tumble driers, water heaters and space heaters.

2. Provide translations of ten Ecodesign regulations for the following energy-related products: (i) air conditioners and comfort fans, (ii) water pumps, (iii) household tumble driers, (iv) directional lamps, LED lamps and related equipment, (v) computers and computer servers, (vi) vacuum cleaners, (vii) space and combination heaters, (viii) water heaters and hot water storage tanks, (ix) domestic ovens, hobs and range hoods, (x) small, medium and large power transformers.

3. Advise SAEE with regard to the most appropriate legal option to transpose the EU Ecodesign Directive into Ukrainian legislation, and provide experts' advice with regard to the structure and contents of the proposed legal document, taking into consideration its compliance with the EU Directive and with national laws and regulations in relevant areas, like consumer protection and public procurement.

4. Provide experts' advice with regard to the transposition of EU Ecodesign regulations into Ukrainian Technical Regulations: prioritisation of products; structure and contents of the proposed technical regulations, taking into consideration the compliance with the respective EU Regulations.

5. To review and complete the list of European Harmonised Standards (elaborated under the EU Twinning Project), which have been elaborated by the European Standardisation Institutes CEN/CENELEC and ETSI under standardisation mandates of the EC to these institutes under Directive 2009/125/EC, for products to be regulated in Ukraine, including the verification of the status of completion of these standards (draft, final, date of publication in the OJEU).

6. To assist SAEE in the preparation of a report to the Energy Community Secretariat on the progress in introducing Energy Labelling and Ecodesign regulations in Ukraine, taking into consideration the progress and results of the tasks carried out in this activity.

(b) Support to the VII International Investment Business Forum on Energy Efficiency and Renewable Energy

7. To prepare, organise and implement a half-day workshop “Ecodesign: the experience of the EU and first steps of Ukraine” to be held within the VII International Investment Business Forum on Energy Efficiency and Renewable Energy. ITS to define – in coordination with SAEE – the agenda, prepare presentations and provide the speakers.

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The agenda to focus on past and current developments in Ecodesign in the EU, and on SAEE's current activities in this field. At the opportunity of this workshop, also the past and current work of SAEE on Energy Labelling was to be presented, in order to improve the visibility of the national labelling programme. ITS was also to provide for the workshop related services (rent of the conference room, simultaneous interpretation, catering, information and dissemination materials, etc.). The workshop was to be complemented by a separate two to three hour session on "Awareness Raising for Energy Efficiency".

8. During the VII International Investment Business Forum on Energy Efficiency and Renewable Energy, ITS was to provide an "expert zone", where ITS experts would be available to provide information and answer questions on EU and Ukrainian product policies, in particular Energy Labelling and Ecodesign.

(c) Reporting and follow-up 9. Preparation of the task report. 10. Monitoring the process of legal adoption and of the implementation of the Draft Technical

Regulations for Energy Labelling, of the proposed legal act transposing the Ecodesign Directive and of the Draft Technical Regulations for Ecodesign prepared (status in March 2016, before the termination of the ITS project).

With regard to the Technical Assistance, all tasks have been implemented and reflected in this report, except task 6 (assistance in the preparation of a report to the Energy Community Secretariat), which will be undertaken as soon as a specific request will be received from SAEE. Also, by mutual agreement with SAEE, tasks 3 and 4 focused on identifying the most appropriate legal option to transpose the EU Ecodesign Directive, and the prioritisation of product-specific Ecodesign regulations to be adopted in Ukraine, rather than on the structure and content of the respective documents. As regards task 1, the review of the draft TR of space heaters was substituted by the draft TR of vacuum cleaners, by request of SAEE. As an additional task, which was not foreseen in the "Work Plan 2015", or in the ToR, ITS agreed to provide translations into English of five existing Technical Regulations for Energy Labelling of energy-related products. On the request of SAEE, ITS also drafted a letter to the State Statistical Service of Ukraine, in order to facilitate obtaining market information on the products subject to Ecodesign regulations.

With regard to the Support to the VII International Investment Business Forum on Energy Efficiency and Renewable Energy, all tasks were fully implemented.

Regarding follow-up, task 10 (monitoring) will be implemented according to the standard INOGATE procedures. The monitoring exercise will be conducted with respect to the baseline indicators developed in section 2.3 of the report.

The assignment started in July 2015 with the translation of ten EU Ecodesign Regulations according to the timetable agreed upon in the "Work Plan 2015". From 19th to 23rd October, the first mission to Kyiv took place, which served to confirm the scope of the Technical Assistance, to understand the process of elaboration and implementation of Technical Regulations in Ukraine, to discuss with SAEE and with stakeholders their views, to receive relevant background information, and to respond to queries by SAEE on topics related to the tasks agreed. The second mission of the team of experts, from 9th to 13th November, served to confirm and critically assess some working hypotheses developed by the team of experts, to discuss preliminary recommendations and to finalise preparations and implement the ITS support to the VII International Investment Business Forum on

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Energy Efficiency and Renewable Energy, in particular the implementation of the workshops "Ecodesign: the experience of the EU and first steps of Ukraine" and "Awareness Raising for Energy Efficiency", which were both held on 13th November 2015.

2. Background

2.1. Energy labelling and Ecodesign in Ukraine

Ukraine has made considerable progress in the transposition of EU legislation in the field of Energy labelling and to some extent also in Ecodesign.

From 2002 – 2011, SAEE elaborated eight national Energy Labelling standards for household appliances, which were in line with the requirements of the Acquis Communautaire, but were applied on a voluntary basis only. In 2012 and 2013, with the support of the EU Twinning Project "Improvement of the Policy Framework in the Sphere of Energy Efficiency and its Approximation to the EU Legislation, Ukraine 2012 - 2013", SAEE elaborated Technical Regulations equivalent to the EU Labelling Directive 2010/30/EU and CDRs for various energy-related products.

So far, the following EU Legislative Acts were transposed into Ukrainian legislation, as Technical Regulations, by the following Resolutions of the Cabinet of Ministers:

• Res. 702 of 7 August 2013 "On approval of technical regulations on Energy Labelling", transposing Directive 2010/30/EU, CDR 1060/2010 for household refrigerating appliances and CDR 1061/2010 for household washing machines. The Resolution eventually entered into force on 1 July 2015.

• Res. 340 of 27 May 2015, transposing CDR 874/2012 for electrical lamps and luminaires, which entered into force on 5 December 2015.

• Res. 514 of 17 July 2015, transposing CDR 1059/2010 for household dishwashers, which will enter into force on 17 January 2016.

Draft Energy Labelling TRs for household tumble driers, air conditioners, televisions, vacuum cleaners, ovens & range hoods, water heaters and space heaters are under preparation and at different stages of elaboration, review and adoption. Market surveillance for products subject to Energy Labelling regulation will probably start in mid 2016.

In addition to Energy Labelling regulation, Ukraine has introduced Minimum Energy Performance Standards for household refrigerating appliances in line with Directive 96/57/EC and proposed an amendment which would align the minimum requirements with Ecodesign regulation 643/2009.

While the transposition of the Energy Labelling Directive and CDRs for Energy Labelling are obligations of Ukraine under the Energy Community Treaty, the transposition of the Ecodesign Directive by November 2017 is a requirement under the Ukraine-EU Association Agreement1.

1 The transposition of certain Ecodesign regulations is also a requirement under the EU Deep and Comprehensive Free Trade Area (DCFTA).

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The transposition of the Ecodesign Directive and of product-specific Ecodesign regulations is therefore a priority for SAEE, and has been mandated by several Resolutions of the Cabinet of Ministers of Ukraine, which will be discussed in detail in Section 5 of this Report.

2.2 The process of approving Technical Regulations

Figure 2.1 provides a schematic of the process for approving TRs in Ukraine. The source of the schematic is in-depth discussions with SAEE during the first mission of the team of experts.

Figure 2.1: Schematic of the Approval Process of Technical Regulations in Ukraine

A description of each of the stages featured in Figure 2.1 is featured below:

Stage 1: According to Article 18 of the Law of Ukraine "On technical regulations and conformity assessment procedures" SAEE, as a central executive body which is in charge of the organisation of the development of TRs, may establish a Technical Working Group with stakeholder representatives interested in a specific topic and/or issue that is considered under the scope of the TR. The common goals for the working group includes 1) drafting TRs, 2) discussing the need for changing existing TRs and 3) determining conformity of the provisions of the draft TR with the acquis communautaire. The size and composition of the group participation will be dependent on the group's task. Each working group is chaired by SAEE and could be comprised of representatives from the following:

• Central bodies of executive power such as the Ministry of Economic Development and Trade of Ukraine, Ministry of Regional Development, Construction and Housing and the Ministry of Ecology and Natural Resources.

• Relevant technical standardisation committees, such as TC-13 "Standardisation of household appliances and equipment," TC- 34 "Lamps", TC-100 "Audio-visual systems and services".

• Manufacturers, suppliers and distributors of the related equipment, such as the European Business Association (EBA) and national manufacturers of the equipment.

• International experts of EU funded projects.

SAEE currently has a Technical Working Group established to respond to the feedback from the

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Cabinet of Ministers on their first review of the draft Energy Labelling TR for air conditioners.

In terms of the procedure, after SAEE has prepared the first draft of the TR, they send it to members of the Working Group and arrange the first review meeting. After consideration of the comments of the working group, the final version of the draft TR is forward to the Ministry of Regional Development for approval.

Stage 2: According to the SAEE’s Statute2, its activities are directed and coordinated by the Cabinet of Ministers of Ukraine via the Deputy Prime Minister of Ukraine – the Minister of Regional Development. The procedural issues relating to the development of the decisions by the Cabinet of Ministers of Ukraine are defined by the Rules of the Cabinet of Ministers3. This document establishes the order in which draft legal texts are reviewed, and places the responsible ministry as the first reviewer. Only after that can the draft legal act be sent to other interested bodies4. That is why the first draft of the TR is reviewed by the Ministry of Regional Development.

Stage 3: Once the Ministry of Regional Development approves the draft TR, SAEE sends it to the following ministries (if the draft TR contains provisions relating to the competence of other central authorities, the list of authorities may be expanded):

• Ministry of Economy5: The central executive body that is responsible for the development and implementation of state policy in the sphere of TR. The Ministry of Economy examines draft TRs to make certain they meet specific legislation in the field of TRs for example the Law of Ukraine "On technical regulations and conformity assessment procedures", and the Rules of preparation of draft technical regulations based on legislative acts of the European Union6 and other legislation in this field. The Ministry can determine that there is an urgent need for the adoption of a TR and prepare a Conclusion for submission along with the draft TR, directly to the Cabinet of Ministers of Ukraine7.

• Ministry of Finance8: The central executive body that is responsible for the development and implementation of state financing policy.

• State Regulatory Service 9 : The central executive body that is responsible for the implementation of state regulatory policy. According to the Law of Ukraine "On Principles of Regulatory Policy in Economic Activity"10, the State Regulatory Service conducts a regulatory impact assessment with a recommendation either to approve or reject the regulation.

2 http://zakon5.rada.gov.ua/laws/show/676-2014-%D0%BF 3 http://zakon5.rada.gov.ua/laws/show/950-2007-%D0%BF 4 No 37 of the Rules of CMU 5 Statute of Ministry of economy http://zakon5.rada.gov.ua/laws/show/459-2014-%D0%BF 6 http://zakon3.rada.gov.ua/laws/show/708-2012-%D0%BF 7 According to article 24 of the Law of Ukraine "On technical regulations and conformity assessment procedures" 8 Statute of Ministry of Finance http://zakon5.rada.gov.ua/laws/show/375-2014-%D0%BF 9 Statute of State regulatory service http://zakon5.rada.gov.ua/laws/show/724-2014-%D0%BF 10 http://zakon5.rada.gov.ua/laws/show/1160-15

http://zakon5.rada.gov.ua/laws/show/676-2014-%D0%BF






http://zakon5.rada.gov.ua/laws/show/1160-15

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• State Inspection on Consumer Rights Protection11: The central executive body that is responsible for the implementation of state policy on market surveillance – specifically for Energy Labelling and Ecodesign12.

• Anti-monopoly Committee13: The state body with a special responsibility to ensure state protection of competition in business and in public procurement. The Anti-monopoly committee examines the draft TRs for compliance with anti-monopoly legislation.

In practice the majority of comments are received from the Ministry of Economy. After collecting all the comments, SAEE finalises the draft TR. If a draft TR has undergone significant changes then it needs to be re-approved by stakeholders14. If not, SAEE sends the draft TR to the Ministry of Justice for legal examination.

Stage 4: All draft legislative acts are subject to legal examination by the Ministry of Justice15. The Ministry of Justice examines if the draft TR complies with the Constitution of Ukraine, legislative acts, the provisions of the European Convention on Human Rights, and in the case where the draft document refers to the priority areas Adaptation of Ukraine to the European Union – on its compliance with the acquis communautaire. The experience from approving the draft TRs on Energy Labelling has shown that the Ministry of Justice has provided a significant number of comments. After obtaining the opinion of the Ministry of Justice, SAEE then finalises the draft TR for submission to the Government.

Stage 5: Once the Ministry of Economy receive the draft TR from SAEE they submit it to the Government16. Experience has shown from the adoption of the TRs on Energy Labelling that this review could last from one to three months or longer, depending on the complexity of the draft TR. Experts of the Cabinet of Ministers Secretariat prepare an Expert opinion for when the draft TR is presented.

Stage 6: If a positive Expert opinion is returned, and if there are no other comments from the Government, then the draft TR is adopted and published in the official publication of the Cabinet of Ministers of Ukraine. The regulation comes into force in the time specified in the Resolution of the Cabinet of Ministers, but not earlier than six months from the date of publication.

Experience has shown that on occasion a TR can gather significant feedback at stage 5, the review by the Council of Ministers. This can lead to the draft TR returning to stage 1 and undergoing another round of inter-ministerial consultation.

11 http://zakon3.rada.gov.ua/laws/show/465/2011 12 The list of state market surveillance authorities approved by the Government http://zakon3.rada.gov.ua/laws/show/573-2011-%D0%BF 13 http://zakon5.rada.gov.ua/laws/show/3659-12 14 No 40 of the Rules of CMU 15 No 44-47 of the Rules of CMU 16 Article 22 of the Law of Ukraine "On technical regulations and conformity assessment procedures"

http://context.reverso.net/%D0%BF%D0%B5%D1%80%D0%B5%D0%B2%D0%BE%D0%B4/%D0%B0%D0%BD%D0%B3%D0%BB%D0%B8%D0%B9%D1%81%D0%BA%D0%B8%D0%B9-%D1%80%D1%83%D1%81%D1%81%D0%BA%D0%B8%D0%B9/practice+demonstrates

http://zakon3.rada.gov.ua/laws/show/465/2011


http://zakon5.rada.gov.ua/laws/show/3659-12

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2.3 Baseline indicators

The baseline situation is as follows:

Regarding Energy Labelling: The EU Energy Labelling Directive 2010/30/EU and four CDRs have been transposed into Ukrainian legislation. Currently, the transposition of CDRs for seven products is pending, of which five have been reviewed by ITS experts, in the framework of this assignment.

Regarding Ecodesign: So far, SAEE has taken the following preparatory legal and practical steps to transpose the EU Ecodesign Directive 2009/125/EC and product-specific regulations: elaboration and approval of action plans by Resolutions of the Cabinet of Ministers of Ukraine (see Section 5 for details), and the translation into Ukrainian of the Ecodesign Directive and of product-specific regulations.

Key tangible results of this assignment should be considered as:

Energy labelling:

• Submission for adoption by Resolutions of the CMU of the five draft TRs reviewed by the ITS experts under this assignment.

Ecodesign:

• Elaboration of Ecodesign TRs, based on the EU Ecodesign Regulations, translated by ITS into Ukrainian, according to the "work plan" agreed upon;

• Improved capacity and awareness of decision makers, experts and the interested public on Energy Labelling and Ecodesign, due to the delivery, by ITS experts, of the workshop "Ecodesign: the experience of the EU and first steps of Ukraine” and of the experts' zone and leaflets distributed at the VII International Investment Business Forum on Energy Efficiency and Renewable Energy;

• The approval by SAEE of the proposal of ITS with regard to the most appropriate legal option to transpose the Ecodesign Directive, and further steps taken by SAEE to its transposition;

• The approval by SAEE of the proposal of ITS with regard to the prioritisation of ErPs to be regulated, and further steps taken by SAEE to the adoption of Ecodesign TRs according to this prioritisation;

• The adoption as Ukrainian national standards of the European harmonised measurement standards required to implement the required TRs on Ecodesign and Energy Labelling in Ukraine, in accordance with the updated and complete list delivered by ITS.

3. Review of draft Technical Regulations for Energy Labelling of Energy-related Products

As agreed with SAEE, the following draft TRs for Energy Labelling of Energy-related Products were reviewed by ITS experts:

• Household tumble driers;

• Domestic ovens and range hoods;

• Vacuum cleaners;

• Air conditioners;

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• Water heaters, hot water storage tanks and packages of water heater and solar device (without annexes).

The draft regulations reviewed are in different stages of the approval process described in Section 2.2. Table 3.1 provides an overview of the current status of all draft Technical Regulations, including the five regulations reviewed under this assignment:

Table 3.1: Status of Energy Labelling draft Technical Regulations (December 2015)

Product Stage 1 Stage 2 Stage 3 Stage 4 Stage 5 Stage 6

Tumble Dryers* @

Televisions @17

Ovens & Range Hoods* @

Air conditioners* @18

Vacuum Cleaners* @

Water Heaters* @

Space heaters @

Key: means the respective stage has been completed @ means the regulation is currently “at” this stage * indicates products which are being supported by the current assignment

The scope and activity of the reviews completed by the ITS experts were as follows:

Household tumble driers: focused on minor comments made by the Ministry of Justice, which referred to the clarification of technical terminology, the inclusion of the EU-Ecolabel, and regulation stamped references in product energy labels. ITS prepared a note on "International Use of Regulation/Date stamped references in Product Energy Labels" (see Annex 2), which will be used by SAEE as a reference.

Domestic ovens & range hoods: The draft TR was approved by the Ministry of Economy with comments. Major issues addressed by the review were – in addition to clarifications of technical terminology – the dates for entry into force of different labels as stipulated by the corresponding EC regulation, and the inclusion of the stipulations of EC CDR 518/2014 (internet sales). Also, the draft TR was brought in compliance with the corresponding EC CDR 65/2014, the Law of Ukraine "On technical regulation and conformity assessment, and the "Rules of preparing technical regulations based on EU legislation" approved by Resolution of CMU no. 708 of 12.06.2012. Necessary changes

17 This is the second time that the draft TV Energy Labelling Technical Regulation has been at stage 5. Earlier this year the Council of Ministers rejected the draft technical regulation and it returned to stage 1 for further development. 18 Similar to TVs, the draft Air-conditioner Energy Labelling Technical Regulation was previously at stage 5, but returned to stage 1 after receiving feedback from the Council of Ministers on developmental points.

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concerned: some calculation rules, taking into consideration the corrigendum to CDR 65/2014, the table on "verification tolerances" in Annex 8, and adjustment to specific stipulations of the Law “On Technical Regulation and conformity assessment” and the “Rules of preparing technical regulations based on EU legislation” (including stipulations on normative provisions – see below).

Vacuum cleaners: This draft TR is still under preparation by SAEE (stage 1). Major issues addressed by the review referred to technical terminology. Also, the draft TR was brought in compliance with the corresponding EC CDR 665/2013 (e.g. including the stipulations of EC CDR 518/2014 regarding internet sales), as well as with regard to specific stipulations of the Law of Ukraine "On technical regulation and conformity assessment, and the "Rules of preparing technical regulations based on EU legislation" (including stipulations on normative provisions).

Water heaters, hot water storage tanks and packages of water heater and solar device: Also this draft TR is still under preparation by SAEE (stage 1). ITS was asked to review the draft TR without the annexes, which had not been finalise by SAEE at this moment. The draft TR (without annexes) was brought in compliance with CDR (EU) # 812/2013 and article 10 of CDR (EU) #518/2014 (including redrafting of part of the draft Technical Regulation, taking into account the structure and content of articles 3-6 of CDR (EU) # 812/2013 (with amendments), as well as with specific stipulations of the Law of Ukraine "On technical regulation and conformity assessment, and the "Rules of preparing technical regulations based on EU legislation" (with regard to normative provisions).

Air conditioners: the draft TR for air conditioners had already reached stage 5 of the approval process, but were returned by the Cabinet of Ministers to SAEE with several comments:

Apart from technical errors in translation, the CMU's comments referred to the following issues:

• There was not a complete set of references to implementing regulations that would enable compliance of Ukrainian product suppliers – such as the EC regulation 842/2006 on Global Warming Potential values of fluorinated greenhouse gases. This regulation is not replicated in Ukrainian Law and so there are no grounds for direct regulatory references without changes being made to the draft technical regulation;

• There was a lack of conformity of the draft technical regulation with the requirements in the Resolution of the Council of Minsters #708, dated 18 June 2012 on Normative References, which stipulates that normative references be excluded from definitions within technical regulations.

Specifically, Resolution #708 stipulates that normative provisions (such as calculations) contained within definitions in EU acts must be included in the text of appropriate parts of the TR instead of the definitions of the TR.

Within the draft TR for the Energy Labelling of air conditioners a significant number of the technical definitions, contained within an annex to the regulation, included not only the identification of the term, but also an equation, written in text format. This is also the case within the original EU delegated act for the Energy Labelling of air conditioners No 626/2011, but it is not an issue for the EU. So, by faithfully delivering a direct translation of the EU regulation, it also conflicted with the rules for development of TRs in Ukraine (i.e. Resolution #708).

In order to respond to this issue, the team of experts undertook an exercise to identify the conflicting definitions within the draft TR for the Energy Labelling of air conditioners, distil the equations from the text based definitions, create the formulas and re-insert them into the draft TR.

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Please refer to Annex 3 which was used as guidance for the review of the draft TR for air conditioners.

The reviews of the five draft TRs were submitted to SAEE and are included in Appendix I.

4. Translation of EU Ecodesign Regulations and of existing Technical Regulations for Energy Labelling of Energy-related Products 4.1. Translation of EU Ecodesign Regulations

In accordance with the "Work Plan 2015" signed between SAEE and ITS, the current EC Ecodesign Regulations were translated by ITS into Ukrainian and submitted to SAEE in accordance with the time schedule agreed upon, for the following energy-related products: (i) air conditioners and comfort fans, (ii) water pumps, (iii) household tumble driers, (iv) directional lamps, LED lamps and related equipment, (v) computers and computer servers, (vi) vacuum cleaners, (vii) space and combination heaters, (viii) water heaters and hot water storage tanks, (ix) domestic ovens, hobs and range hoods, (x) small, medium and large power transformers.

The translations of the ten Ecodesign Regulations were submitted to SAEE and are included in Appendix II.

4.2. Translation of existing Technical Regulations of Energy-related Products

Upon request of SAEE, ITS provided translations into English of the following existing Technical Regulations for Energy Labelling:

• Res. 702 of 7 August 2013 "On approval of technical regulations on Energy Labelling", transposing Directive 2010/30/EU, CDR 1060/2010 for household refrigerating appliances and CDR 1061/2010 for household washing machines;

• Res. 340 of 27 May 2015, transposing CDR 874/2012 for electrical lamps and luminaires;

• Res. 514 of 17 July 2015, transposing CDR 1059/2010 for household dishwashers.

Before submission to SAEE, the translations underwent a rigorous quality assurance check. In the case of the four product-specific TRs, small inconsistencies with the corresponding EU CDRs were detected and communicated to SAEE.

The translations of the five TRs were submitted to SAEE and are included in Appendix III.

5. Transposition of the EU Ecodesign Directive into Ukrainian Legislation

5.1. Scope

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The transposition of the EU Ecodesign Directive 2009/125/EC into Ukrainian legislation by November 2017 is a requirement under the EU-Ukraine Association Agreement and is expected to become also a requirement under the Energy Community Treaty. SAEE is therefore actively pursuing the transposition of the Directive.

In principle, two different ways exist to transpose the Directive into Ukrainian legislation: either as a Law or as a Technical Regulation by Resolution of the Cabinet of Ministers. An important precedent is the EU Energy Labelling Directive 2010/30/EU which was transposed in August 2013 by Resolution no. 702 of the Cabinet of Ministers, as a Technical Regulation. Since then, four product-specific Energy Labelling regulations were enacted and seven more are under preparation, five of them with the assistance of the current assignment (see Section 3 of this report).

While the transposition of the Ecodesign Directive as a Technical Regulation by Resolution of the Cabinet of Ministers would allow a rather swift legal procedure, which would not involve Parliament, there are also arguments in favour of the transposition of the Directive as a Law of Ukraine. The main argument is the major weight of the Law, which may also be more immune against attempts to amend the legislation, and may provide more leverage to the Government to enforce its implementation. Implementing the Ecodesign Directive as a Law and specific product-specific regulations with legal force may also give investors more certainty when considering long-payback investments in upgrades to production facilities. The expectation is that the Ecodesign Directive may become part of the required structural reform measures for macro-financial assistance in 2017, which will provide a strong incentive to Parliament for a timely transposition of the Directive.

On the other hand, according to various pieces of Ukrainian legislation19, both the Directive 2009/125/EU and product-specific Ecodesign regulations have to be enacted by Regulatory Acts of the Cabinet of Ministers of Ukraine.

5.2. Methodology

In order to assess the most appropriate legal option to transpose the EU Ecodesign Directive into Ukrainian legislation, discussions were held with SAEE, consultations with stakeholders were conducted and relevant legal documents have been reviewed. Presentations and discussions during the workshop "Ecodesign: the experience of the EU and first steps of Ukraine" in Kyiv, on November 13, 2015, provided additional input for this assessment. Based on a brief account of the meetings

19 Action Plan on implementation of the Association Agreement between Ukraine and the European Union, European Atomic Community and their member states for 2014-2017, approved by Resolution of the Cabinet of Ministers of Ukraine № 847-р of 17 September 2014; Plan for implementation of Directive 2009/125/EC, Commission Regulation (EC) № 278/2009, Commission Regulation (EC) № 245/2009, Commission Regulation (EC) № 244/2009, Commission Regulation (EC) № 107/2009 Commission Regulation (EC) № 1275/2008, establishing the framework and requirements for the eco-design of energy products, approved by Resolution of the Cabinet of Ministers of Ukraine № 475/2015; Strategy of development of the system of technical regulation until 2020, approved by Resolution of the Cabinet of Ministers of Ukraine № 844-р of August 19, 2015.

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with SAEE and stakeholders, and the reviews of legal documents, three options are presented, which are analysed in accordance to relevant criteria.

5.2.1. Meetings with SAEE and stakeholders

During two missions of the team of experts to Ukraine (week of 19–23 October and week of 9–13 November 2015), meetings and consultations were held with:20

• Senior staff of SAEE, including the Head of Department for Technical Regulation in Energy Efficiency, the Head of the Standards, Regulations and Labelling Divisions, the Head of the Legislative Support Division, and technical specialists.

• The Support Group for Ukraine (SGUA) of DG NEAR, the Deputy Head of the European Integration Department of the Ministry of Energy and Coal Industry, the Head of the Technical Regulation Division of the Ministry of Economy of Ukraine, a Senior Specialist of the Division for European Integration, Adaptation of Legislation and Supporting of International Agreements of the Ministry of Ecology and Natural Resources, the Coordinator of Communications of Household Electrical Appliances of EBA, as well as representatives of product suppliers.

In these meetings, the basic options for transposition of the Directive (as Law of Ukraine or as Technical Regulation enacted by Resolution of the Cabinet of Ministers) were presented and discussed.

The views expressed by the interlocutors varied from strong advocacy to transpose the Directive within the system of TRs, by Resolution of the Cabinet of Ministers (Ministry of Economy) to a clear preference to implement it as a Law of Ukraine (SGUA). While the preference to transpose the Directive as a law was shared by the representative of the Ministry of Ecology and Natural Resources, the representative of EBA advocated its transposition as Technical Regulation by Resolution of CMU.

A concern articulated by various interlocutors were the very long periods needed by the Ukrainian Parliament to pass laws21, and the associated uncertainty regarding the date of implementation of a Law transposing the Directive.

Arguments in favour of a Law were related to its superior legal status, compared to regulatory acts, which would be more adequate, given the market restrictions imposed by Ecodesign. A law may also provide a more stable legal framework, facilitating compliance by market actors, although this argument was not shared by all interlocutors.22 Transposition as a Law will also reflect the legal character of the Ecodesign Directive, which provides "the framework for the setting of Ecodesign requirements for energy-related products" and for the implementing measures for each ErP.

An third option brought forward by SAEE was to include in the forthcoming new Energy Efficiency Law – which is currently drafted by the Agency – an article which confirms Ukraine's obligation to

20 See Annex 4 for a list of interlocutors. 21 E.g. the new Energy Efficiency Law is debated already since seven years in Parliament. 22 In the opinion of the advocates of transposition as Technical Regulation, the implementation of a technical regulation would be easier to control and monitor.

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transpose Directive 2009/125/EC and to implement it as Technical Regulation by Resolution of the Cabinet of Ministers.

5.2.2 Review of legal documents

Association Agreement European Union – Ukraine23 and Action Plan

The Association Agreement between the European Union and Ukraine requires Ukraine to transpose Directive 2005/32/EC and various implementing directives and regulations24, within three years after entry into force of the agreement.25 It also stipulates that "New daughter directives/regulations shall be implemented in accordance with the timetables established in these directives/regulations after changes to this Annex in line with the institutional provisions as set out in Title VII26 of this Agreement and as notified to the Ukrainian side."

The Action Plan on implementation of the Association Agreement between Ukraine and the European Union of September 201427 confirms these commitments, specifying that the Directive 2005/32/EC (substituting Directive 2009/125/EU)28 has to be transposed by August 2017, together with the Commission Regulations mentioned in the Association Agreement. It specifies the following Ukrainian entities as responsible for the implementation: the Ministry of Nature, SAEE, the Ministry of Energy, and the Ministry of Economic Development.29 Both the Directive and the Commission Regulations are supposed to be transposed by regulatory acts to be submitted to the Cabinet of Ministers of Ukraine (CMU).30

Plan for the implementation of Directive 2009/125/EC and Commission Regulations

23 Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part, Official Journal of the European Union, 29.5.2014. The Agreement was ratified by the Ukrainian Parliament in September 2014. 24 Commission Regulations (EC) No 278/2009 (No-load condition electric power consumption and average active efficiency of external power supplies), 245/2009 (Fluorescent lamps without integrated ballast, high intensity discharge lamps, and ballast and luminaires able to operate such lamps), 244/2009 (Non-directional household lamps), 107/2009 (Simple set-top boxes) and 1275/2008 (Standby and off mode power consumption of electrical and electronic household and office equipment), as well as Directives 92/42/EEC (New hot water boilers fired with liquid and gaseous fuels), 96/57/EC (Household electric refrigerators, freezers and combinations) and Directive 2000/55/EC (Ballasts for fluorescent lighting). 25 Annex XXVII to Chapter 1 of the Association Agreement. 26 "Institutional, General and Final Provisions". 27 Action Plan on implementation of the Association Agreement between Ukraine and the European Union, European Atomic Community and their member states for 2014-2017, approved by Resolution of the Cabinet of Ministers of Ukraine № 847-р of 17 September 2014 28 This is apparently the result of a misinterpretation by the authors of the Action Plan. 29 Government entities as quoted in accordance to their denomination in the legal documents reviewed. 30 The text of the Action Plan regarding the transposition of the Directive: "Development and submission of draft regulatory acts to the Cabinet of Ministers with a view of implementation of Directive 2005/32/ЄC of the European Parliament and of the Council of 6 July 2005 determining the structure of setting the Ecodesign requirements for energy-related appliances (substitution of Directive 2009/125/EU of 21 October 2009 establishing a framework for the setting of Ecodesign requirements for energy-related products)"

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Based on the provisions of the Association Agreement and of the Action Plan for its implementation, the Cabinet of Ministers, by Resolution No 475 of 14 May 2015, approved the "Plan for implementation of Directive 2009/125/EC, Commission Regulation (EC) № 278/2009, Commission Regulation (EC) № 245/2009, Commission Regulation (EC) № 244/2009, Commission Regulation (EC) № 107/2009 Commission Regulation (EC) № 1275/2008, establishing the framework and requirements for the eco-design of energy products".

The plan assigns SAEE as the main implementing agency for the following activities:31

• Assessment of Ukrainian legislation regulating energy saving and energy efficiency to detect the need for amendments in connection with the Ecodesign Framework Directive;

• Definition and legislative consolidation of the basic energy efficiency requirements of products subject to Ecodesign;

• Development of national standards harmonised with European standards.

Co-executors are the Ministry of Natural Resources, the Ministry of Regional Development, the Ministry of Economic Development and the Ministry of Health.

The implementation plan foresees several activities, among these "Standard setting activities" and the "Development of regulation activities". Among the "standard setting activities", the plan foresees "The development of a legal act (technical regulation) to consolidate the basic requirements to energy efficiency products that will apply under the Ecodesign Framework Directive", by August 2017. Under the headline "development of regulation activities", the Plan stipulates the development of Technical Regulations in accordance with the Commission Regulations for the products included in the Action Plan on implementation of the Association Agreement.

Law on Technical Regulations and Compliance Assessment

The Law of Ukraine on Technical Regulations and Compliance Assessment (Law No 124 of 15 January 2015), which will enter into force on 10 February 2016, "defines the legal and organisational framework for development, adoption and application of the technical regulations and foreseen procedures for compliance assessment".

The Law defines a TR as a regulatory act relating to the identification and fulfilment of mandatory requirements to the parameters of products or production processes and associated methods, including the relevant procedure provisions, like compliance assessment. The "provision of energy efficiency" is explicitly mentioned as a possible objective of a TR.32 According to Article 9 of the Law, TRs are approved by laws, acts of the Cabinet of Ministers and central executive bodies, and "a regulatory act having signs of a technical regulation specified by this Law, are regarded as a technical regulation regardless of use of such words as "a technical regulation" in the title".

31 SAEE has recently been assigned Central Executive Body for Ecodesign by Resolution of CMU #1057 of 16/12/2015 32 Article 9 of the Law on Technical Regulations and Compliance Assessment.

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Strategy of development of the system of technical regulation until 202033

The EU - Ukraine Association Agreement envisages the creation of a deep and comprehensive free trade area (DCFTA), which requires reforming the system of TRs in Ukraine, in order to remove technical barriers to trade.

The "Strategy of development of the system of technical regulation until 2012", which was approved by Resolution of the Cabinet of Ministers of Ukraine № 844-р of August 19, 2015, includes an Action Plan, which specifies the activities to be implemented, including a list of "New technical regulations that meet EU legislative acts". Among these activities are:

A system to determine the Ecodesign requirements for energy-related products (Directive 2009/125/EC of the EP and Council of October 21, 2009 on setting the system of determining the Ecodesign requirements to the energy consuming products), as well as the list of 22 EC Ecodesign regulations referred to in Section 6 of this report. The responsible entities for the implementation of these activities are the Ministry of Regions, SAEE and the Ministry of Nature. The deadline of these activities is 2015 – 2017, and the progress indicator is an "Act by the Cabinet of Ministers".

Conclusions from the review of legal documents

The Action Plan on implementation of the Association Agreement, the Plan for the Implementation of the Ecodesign Directive and various product-specific regulations, and the Strategy of the system of TRs stipulate that Directive 2009/125/EC should be implemented in Ukraine by "regulatory acts to be submitted to the Cabinet of Ministers of Ukraine", "a legal act (technical regulation)" or by an "Act by the Cabinet of Ministers", respectively. "Acts by the CMU" are usually Resolutions of the CMU, which typically enact Technical Regulations. The fact that the same legal instruments are stipulated for the transposition of Commission Regulations for specific products (implementing measures), suggest that the Government intends to transpose the Ecodesign Directive as a Technical Regulation, by Resolution of the Cabinet of Ministers.

Furthermore, the Law on Technical Regulations and Compliance Assessment includes stipulations which could be interpreted in favour of transposing the Ecodesign Directive as a Technical Regulation, e.g. the definition of a Technical Regulation in Article 1 and the stipulations in Article 9 of the Law, mentioned above.34 Therefore, in the case of transposition of the Ecodesign Directive by law, an important question is whether the draft law (bill) would be presented in Parliament or submitted by the Cabinet of Ministers to Parliament. In the latter case, the Cabinet of Ministers could conclude that certain stipulations in the draft legal act would characterise it as a Technical Regulation and thus prevent it to qualify to be presented as draft law.

5.3. Evaluation of options

33 Strategy of development of the system of technical regulation until 2020, approved by Resolution of the Cabinet of Ministers of Ukraine № 844-р of August 19, 2015 34 According to the interpretation by the Ministry of Economy (communication by the Head of the Technical Regulation Division), due to these stipulations the Ecodesign Directive would qualify as a technical regulation, taking into consideration e.g. article 3(1.) and article 5(1.) of Directive 2009/125/EC.

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As follows from the above, in principle three options for the transposition of the Ecodesign Directive into Ukrainian legislation exist:

1. As a Law of Ukraine;

2. As a Technical Regulation based on a Resolution of the Cabinet of Ministers of Ukraine;

3. As an Article of the new Energy Efficiency Law, which requires the transposition of the Directive as Technical Regulation by Resolution of the Cabinet of Ministers.

Both the meetings with SAEE and stakeholders, and the review of the legal documents, revealed arguments in favour and against each of these options, in particular Options 1 and 2, which are in the centre of (controversial) debate among stakeholders. In this context, Option 3, which was brought forward by SAEE could be a "third way" in order to overcome this dichotomy, as will be argued below.

Arguments for and against each of these options are presented in Table 5.1, referring to relevant criteria, mentioning the related evidence. The table also includes comments by the independent ITS experts on the evidence gathered for and against the arguments.

While the transposition of the Ecodesign Directive according to Options 1 or 2 would be rather straightforward, transposition in accordance with Option 3 would require a more detailed analysis of how to include the requirement of transposition in the new Energy Efficiency Law and the reference to the respective Technical Regulation issued by Resolution of the Cabinet of Ministers.

Taking into consideration that Directive 2009/125/EC is an integral legal document which "establishes a framework for the setting of Community ecodesign requirements for energy-related products", it is recommended to transcribe its integral text into the respective Technical Regulation, with the necessary adjustments due to the different legal contexts in the EU and in Ukraine.35

This means that an Article in the new Energy Efficiency Law, which requires the transposition of the Directive as Technical Regulation by Resolution of the Cabinet of Ministers should be concise, without going into details with regard to specific stipulations of the Directive.

Therefore, the Article in the new Energy Efficiency Law should stipulate: (i) that energy-related products placed on the market in Ukraine will be subject to ecodesign requirements, in accordance with EU Directive 2009/125/EC and related implementing measures; (ii) that the Directive and the implementing measures will be fully transposed into Ukrainian legislation as Technical Regulations, by Resolutions of the Cabinet of Ministers, in accordance with a timetable to be established for that purpose; (iii) that future recasts of Directive 2009/125/EC will be reflected in amendments of the corresponding Ukrainian legal documents; (iv) the central executive bodies which will be in charge of implementing the respective Technical Regulations.36

35 This procedure was applied in the transposition of the Energy Labelling Directive 2010/30/EU into Ukrainian legislation as Technical Regulation on Energy Labelling of Energy-related Products, approved by Resolution of the Cabinet of Ministers of Ukraine No. 702 of August 7, 2013. 36 The exact content and wording of this Article should be subject of advice by legal experts.

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5.4. Conclusions and Recommendations

Among the arguments in favour and against each options, the following arguments are considered to be most relevant:

1. Transposition as, or foundation of, the Ecodesign Directive in primary legislation is expected to provide a more stable legal framework, more leverage to the Government for enforcement and higher investor confidence, and should therefore be seriously considered.

2. However, the very long periods usually required by the Ukrainian Parliament for passing laws are a major concern, and represent a strong argument for pursuing transposing the Directive by a Technical Regulation based on a Resolution of the Cabinet of Ministers, taking also into consideration the positive experience in transposing the Energy Labelling Directive in 2013.

3. Relevant legal documents stipulate that the transposition of the Directive must be as a legal act (technical regulation) of the Cabinet of Ministers.

4. Based on stipulations of the Law of Technical Regulations and Compliance Assessment, the Cabinet of Ministers may require the transposition of the Directive as a Technical Regulation.

Hence, even when considering only these four key arguments, the dichotomy remains between the two main options (transposition as Law or Technical Regulation enacted by Resolution of CMU).

However, as can be seen in Table 5.1, Option 3 (transposition as Article of the new Energy Efficiency Law which requires the transposition of the Directive as Technical Regulation by Resolution of the Cabinet of Ministers) satisfies all criteria and should therefore be considered as the preferred option. Pursuing Option 3 will facilitate the timely implementation of the Directive (even in the case of delays in the implementation of the Energy Efficiency Law), and at the same time ground it in a Law of Ukraine, thereby giving it legal force and providing stability to inspire investor confidence.

This recommendation should be subject to a rigorous legal examination and should be verified with the relevant EU institutions.

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Table 5.1: Options for the transposition of the Ecodesign Directive into Ukrainian legislation

Criteria Arguments Evidence Comments by ITS Option 1:

As Law of Ukraine Option 2: As Technical Regulation by Resolution of the Cabinet of Ministers

Option 3: As Article of the new Energy Efficiency Law which requires the transposition of the Directive as Technical Regulation by Resolution of the Cabinet of Ministers

Option 1 is supported by: SGUA The Ministry of Ecology and Natural Resources Option 2 is supported by: Ministry of Economy European Business Association Option 3 was mentioned by SAEE as a viable alternative

The preferences articulated by these organisations were based on several of the arguments mentioned in this table

Adequate level of legislation

Major weight of a Law (primary legislation), as compared to a Technical Regulation (secondary legislation)

Minor weight of a Technical Regulation (secondary legislation)

Provides foundation in primary legislation

General assumption based on international best practice

Transposition as, or foundation in, primary legislation should be considered as the preferred option

Stable legal framework More stable legal framework, which makes it more difficult to amend the legislation

Might be more susceptible to attempts to amend the regulation

Stable legal framework, due to foundation in primary legislation

General assumption based on international best practice Ministry of Economy and SAEE consider TR as less susceptible to attempts to amendments

Notwithstanding the arguments by the Ministry of Economy and SAEE, foundation of the transposed Ecodesign Directive in primary legislation should provide a more stable legal framework

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Criteria Arguments Evidence Comments by ITS Leverage to Government to enforce implementation

Provides more leverage to the Government to enforce its implementation

Provides less leverage to the Government to enforce its implementation

Provides leverage to Government to enforce the implementation of the Directive transposed as Technical Regulation

General assumption, although the Ministry of Economy and SAEE argued that the transposition as TR would be easier to control and monitor

Notwithstanding the arguments by the Ministry of Economy and SAEE, foundation of the transposed Ecodesign Directive in primary legislation should provide more leverage to the Government for enforcement

Certainty for investors More certainty for investors when considering long-payback investments in upgrades of production facilities

May provide less certainty for investors, increasing risk-weighted cost of capital

Provides certainty for investors

Investors may consider a legal framework based on a Law as more stable

Foundation of the Ecodesign Directive in primary legislation will increase investor confidence

Compliance with EU legal framework

Transposition as a Law reflects the legal character of the Ecodesign Directive, which provides "the framework for the setting of Ecodesign requirements for energy-related products" and for the implementing measures for each ErP

Placing the framework Directive on the same level as product-specific regulations contradicts EU practice

Not fully in line with EU practice

EU legislation on Ecodesign: Directive and product-specific implementing measures (regulations)

Although transposition as a Law will be most compliant with the EU legal framework for Ecodesign, other options do not contradict the obligations of Ukraine under the Association Agreement

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Criteria Arguments Evidence Comments by ITS Swiftness of implementation

Very long periods are needed by the Ukrainian Parliament to pass laws, leading to uncertainty regarding the date of implementation of a Law transposing the Directive.

Allows a rather swift legal procedure, which would not involve Parliament

Allows a rather swift implementation of the Ecodesign Directive as Technical Regulation, probably even ahead of the promulgation of the new Energy Efficiency Law

The draft new Energy Efficiency Law has already been debated in Parliament for the last seven years. Precedent is the EU Energy Labelling Directive 2010/30/EU which was transposed in August 2013 by Resolution no. 702 of the Cabinet of Ministers, as a Technical Regulation, within a period of less than 15 months.

The usually long periods required by the Ukrainian Parliament for passing laws are a major concern and a strong argument for pursuing Option 2 or 3. This argument is strengthened by the positive experience in transposing the Energy Labelling Directive in 2013

Potential impact on macro-financial assistance

Ecodesign Directive may become part of the required structural reform measures for macro-financial assistance in 2017, which will provide a strong incentive to Parliament for a timely transposition

Transposition as Technical Regulation will meet the deadline 2017

Transposition as Technical Regulation will meet the deadline 2017

Communication by SGUA An important argument in favour of Option 1, as far as this possibility is confirmed.

Existing legislation Does not comply with relevant legal documents

Relevant legal documents stipulate the transposition of the Directive as: By regulatory acts of the Cabinet of Ministers (technical regulation)

Complies with relevant documents, as the Directive would be implemented as Technical Regulation, under the umbrella of the New Energy Efficiency Law

Action Plan on implementation of the Association Agreement between Ukraine and the European Union Plan for the implementation of Directive 2009/125/EC and Commission Regulations Strategy of development of the system of TR until 2020

Option 1 obviously contradicts the stipulation of various relevant legal documents, whereas Option 2 is in full compliance and Option 3 does not contradict it.

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Criteria Arguments Evidence Comments by ITS Compliance with Ukrainian legal framework

In the case that the Law would be initiated by a Government entity to be submitted by the Cabinet of Ministers to Parliament, the Cabinet of Ministers could conclude that certain stipulations in the draft legal act would characterise it as a Technical Regulation and thus prevent it to qualify to be presented as draft law.

Law on Technical Regulations and Compliance Assessment includes stipulations which could be interpreted in favour of transposing the Ecodesign Directive as a Technical Regulation

Would not be in contradiction to the Law on Technical Regulations and Compliance Assessment

The definition of a Technical Regulation in Article 1 and the stipulations in Article 9 of the Law, the Ecodesign Directive would qualify as a technical regulation, taking into consideration e.g. article 3(1.) and article 5(1.) of Directive 2009/125/EC. Communicated by Ministry of Economy.

Although the interpretation of the stipulations of the Law of Technical Regulations and Compliance Assessment by the Ministry of Economy are debatable, it may not be taken for granted that CMU would pronounce again submission to the Parliament of a law transposing the Ecodesign Directive. This would not be the case if the respective bill would be presented in Parliament.

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6. Prioritisation of the Introduction of Ecodesign Technical Regulations in Ukraine

6.1. Scope

The scope of products featured under the assignment is detailed in Table 6.1. The source of the scope is the "Strategy for Development of the System of Technical Regulations until 2012", published as Resolution 844 of the Cabinet of Ministers on 19 August 2015, which identified 22 Ecodesign product groups. Table 6.1 also indicates which product groups SAEE either has or intends to introduce an Energy Labelling technical regulation.

Table 6.1: Product scope and the associated regulatory intention

No Product Group Ecodesign Implementing

Measure

Intention for Energy Labelling

Regulation

1 Household refrigerating appliances (EC) No 643/2009

2 Household washing machines (EU) No 1015/2010

3 Household dishwashers (EU) No 1016/2010

4 Non-directional household lamps (EC) No 244/2009 (EC) No 859/2009 (EU) No 2015/1428

5 Directional lighting: luminaires, reflector lamps and LEDs

(EC) No 1194/2012 (EU) No 2015/1428

6 Tertiary lighting (EC) No 245/2009 (EU) No 347/2010 (EU) No 2015/1428

7 Standby and network standby (EC) No 1275/2008 (EU) No 801/2013

N/A

8 Simple set-top boxes (EC) No 107/2009 N/A

9 External power supplies (EC) No 278/2009 N/A

10 Electric motors (EC) No 640/2009 (EU) No 4/2014

N/A

11 Televisions (EC) No 642/2009 Draft

12 Industrial Fans (125W-500kW) (EU) No 327/2011 N/A

13 Air conditioners and comfort fans (EU) No 206/2012 Draft

14 Water pumps (EU) No 547/2012 N/A

15 Glandless standalone circulators and glandless circulators

(EC) No 641/2009 (EU) No 622/2012

N/A

16 Household tumble driers (EU) No 932/2012 Draft

17 Computers and computer servers (EU) No 617/2013 N/A

18 Vacuum cleaners (EU) No 666/2013 Draft

19 Space and combination heaters (EU) No 813/2013 Draft

___________________________________________________________________________32

20 Water heaters and hot water storage tanks (EU) No 814/2013 Draft

21 Domestic ovens, hobs and range hoods (EU) No 66/2014 Draft

22 Small, medium and large power transformers (EU) No 548/2014 N/A

SAEE is seeking a prioritised order in which to transpose and adopt the 22 Ecodesign TRs in Table 6.1. This section presents the criteria used to assess the product groups, and the resulting recommended prioritised order for the transposition and adoption of the Ecodesign TRs.

6.2. Methodology In discussion and agreement with SAEE, four criteria have been proposed and selected in which to assess and prioritise the 22 Ecodesign product groups featured in Table 6.1. The criteria are presented below in priority order:

1. The Ecodesign product group commitments made within the Action Plan for the Implementation of the Association Agreement37 in 2014;

2. The complementarity of introducing an Ecodesign TR for a product group that in Ukraine already has an existing Energy Labelling TR;

3. The anticipated level of technical complexity and contentiousness involved within the process to develop, consult, adopt and implement the product specific TRs;

4. The expected energy savings as a result of the implementation of the individual product specific TRs.

The first criterion reflects the Ecodesign product groups specifically identified within the Action Plan for the Implementation of the Association Agreement.

The second criterion reflects the desire from SAEE to complement the product groups in Ukraine which already have an existing Energy Labelling TR with the associated Ecodesign TR.

The third criterion is a more subjective assessment of the Ecodesign product groups based upon the level of technical complexity and contentiousness involved in introducing the proposed Ecodesign TRs. The concept of utilising parameters such as technical complexity and contentiousness in the context of preparing and adopting Ecodesign product regulations was proposed by Hans-Paul Siderius a respected Standards and Labels International expert, based at the Netherlands Enterprise Agency38. Technical complexity is defined as a product with a large variation of product types, user options, operating modes, features, interdependent subsystems, for which it is complicated to set an efficiency metric or for which it is not easy to measure performance. Contentiousness refers to the political sensitivity of addressing the efficiency of the product, including the likelihood of industry, consumer and social objections to banning certain product variants, or the measure having a significant effect on certain performance parameters or influence on energy infrastructure. The resulting assessment is based upon ICF International’s first-hand experience of witnessing the progress over the last 10 years of the EU Ecodesign preparatory and adoption process from delivering Ecodesign technical support services to the UK Government’s Energy using Products

37 Approved by Resolution of the Cabinet of Ministers of Ukraine #847, 17 September 2014 38 Speeding up adoption of Ecodesign and Energy Label Measures, ECEEE 2013 (Hans-Paul Siderius)

___________________________________________________________________________33

Programme. This has for example included considerable difficulty and delay (primarily because of technical complexity) related to the development of the space and combination heaters regulation, along with legal challenge from industry, and considerable adverse media coverage related to the vacuum cleaners regulation. The fourth criterion considers the amount of energy projected to be saved as a result of introducing the regulatory measure. The figures are sourced directly from the EC’s Impact Assessments, which are conducted as part of the regulatory adoption process. The outputs are therefore based on potential energy savings in the EU-28. However this method could be used as a proxy indicator of the relative contribution that each product specific TR could make to energy savings in Ukraine. This method provides some guidance in the absence of a detailed national picture of the stock of ErPs in residential and non-residential buildings, of the ownership rates, the annual sales figures, the product lifetime, their energy consumption and how the products are used in real-world settings (i.e. user behaviour). Clearly there exists a risk in taking the projected energy savings for the EU-28 and utilising them within a discussion on how much energy could be saved in Ukraine, because the context (especially on energy and product pricing) and available technologies are different. This risk should be remembered when considering the projected energy savings as a proxy indicator for Ukraine.

6.3. Results

6.3.1 Criterion 1 – Prioritisation by Commitments within the Action Plan for the Implementation of the Association Agreement

The Association Agreement between Ukraine and the EU was ratified by the Parliament of Ukraine in September 2014, which includes the creation of a DCFTA39. As part of the Association Agreement, a number of commitments were made with respect to the Ecodesign Framework Directive and its Implementing Measures for transposing into Ukrainian law. These commitments were detailed within the proceeding Action Plan on the Implementation of the Association Agreement which specified that the Framework Directive (2009/125/EC) and the following implementing measures be adopted into Ukrainian Law by August 2017:

• Standby/off-mode horizontal measure, EC Regulation No 1275/2008; • Simple set top boxes, EC Regulation No 107/2009; • Non-directional household lamps, EC Regulation No 244/2009; • Tertiary lighting, EC Regulation No 245/2009; and • External power supplies, EC Regulation No 278/2009.

Therefore, in order for SAEE to fulfil and comply with the Resolution of the Cabinet of Ministers, these five product groups will each carry the number 1 priority for introducing the corresponding Ecodesign TR in Ukraine.

6.3.2 Criterion 2 – Prioritisation by Complementing product groups in Ukraine which already have an existing Energy Labelling Technical Regulation with an Ecodesign Technical Regulation

Table 6.1 listed the six product groups which already have a corresponding Energy Labelling TR

39 http://ec.europa.eu/trade/policy/countries-and-regions/countries/ukraine/

___________________________________________________________________________34

adopted in Ukraine. These are:

• Household refrigerating appliances • Household washing machines • Household dishwashers • Non-directional household lamps • Directional lighting: luminaires, reflector lamps and LEDs • Tertiary lighting

In addition, there are a further seven product groups which have a draft Energy Labelling TR either in development or going through the inter-ministerial approval process for TRs – these are listed below:

• Televisions • Air conditioners and comfort fans • Household tumble driers • Vacuum cleaners • Space and combination heaters • Water heaters and hot water storage tanks • Domestic ovens and range hoods

The six product groups with an existing adopted Energy Labelling TR will be attributed a value of 1 in the proceeding prioritisation assessment. The further seven product groups which are currently going through the process of preparing and adopting an Energy Labelling TR will be attributed a value of 0.5. The remaining product groups will be attributed a value of 0.

6.3.3 Criterion 3 – Prioritisation by Level of Technical Complexity and Contentiousness

Table 6.2 presents the outputs of the exercise to assess each of the 22 Ecodesign product groups against the parameters of technical complexity and contentiousness, based upon experience of involvement in the EU Ecodesign regulatory process. A scale of 1-5 is used for assessing against each parameter, with 1 being the lowest and 5 being the highest. The two values are then added together creating one total score for each product group.

___________________________________________________________________________35

Table 6.2: Ecodesign Product group assessment according to the technical complexity and contentiousness scale

Measure Technical Complexity

Contentiousness Total

Space and combination heaters 5 5 10

Vacuum cleaners 4 5 9

Non-directional household lamps 3 5 8

Computers and computer servers 4 4 8

Standby and network standby 5 3 8

Tertiary lighting 3 4 7

Electric motors 3 3 6

Directional lighting 3 3 6

Air conditioners and comfort fans 4 2 6

Water heaters and hot water storage tanks 3 3 6

Domestic ovens, hobs and range hoods 3 3 6

Televisions 3 2 5

Household refrigerating appliances 3 2 5

Household washing machines 3 2 5

Industrial Fans (125W-500kW) 3 2 5

Household dishwashers 2 2 4

Water pumps 2 1 3

Circulators 2 1 3

Small, medium and large power transformers 2 1 3

Simple set-top boxes 1 1 2

External power supplies 1 1 2

Household tumble driers 1 1 2

6.3.4 Criterion 4 – Prioritisation by Projected EU Energy Savings by 2020

Table 6.3 presents the outputs from the EC’s projections from the amount of energy saved from the introduction of Ecodesign and Energy Labelling TRs for each of the 22 product groups. The Ukrainian

___________________________________________________________________________36

regulatory intention for each product group (i.e. whether or not to introduce both Ecodesign and Energy Labelling TRs) is directly linked to the regulations in existence within the EU. No data were available to the authors on the relative penetration and energy performance of the listed product groups in Ukraine. In the absence (at time of writing) of such data, the value of the energy savings listed in the Commission’s Impact Assessments was chosen as a proxy for the situation in Ukraine. It is likely that there are differences in penetration levels (e.g. for dishwashers and tumble driers), pricing and usage of some product groups in Ukrainian conditions, and so the proposed ranking should be re-considered when suitable Ukrainian data become available to allow local impact assessment. The 22 product groups are ranked in Table 6.3 according to the projected energy savings with the product group delivering the most energy savings ranked first.

Table 6.3: Ranked energy savings in TWh for the 22 Ecodesign product groups

Measure Reduction in Annual EU Electricity

Consumption by 202040

Ukrainian Regulatory Intention

Comment on EU Impact Assessment

Rank41

Space and combination heaters

523.35 TWh Ecodesign and Energy Labelling

The Impact Assessment did not separate out Ecodesign but SAEE plans to implement both measures in the long term. The savings were not expressed by the EC in TWh but using an online conversion42, a figure for converting Million tonnes of oil equivalent into TWh is presented.

1

45 Mtoe

Electric motors 139 TWh Ecodesign The Impact Assessment focused on Ecodesign, which is in line with the plans from SAEE.

2

Industrial Fans (125W-500kW)

54 TWh Ecodesign The Impact Assessment focused on Ecodesign, which is in line with the plans from SAEE. This regulation is currently under review in the EU.

3

Simple set-top boxes

47 TWh Ecodesign The Impact Assessment focused on Ecodesign, which is in line with the plans from SAEE.

4

Televisions 43 TWh Ecodesign and Energy Labelling

The Impact Assessment focused on Ecodesign and Energy Labelling, which is in line with the plans from SAEE. This regulation is currently under review in the EU.

5

Non-directional 39 TWh Ecodesign and Note that the implementation of 6

40 As taken from the product specific Impact Assessments http://ec.europa.eu/smart-regulation/impact/index_en.htm 41 10 = highest; 1 = lowest 42 http://www.conversion-website.com/energy/ton-of-oil-equivalent-to-terawatt-hour.html

http://ec.europa.eu/smart-regulation/impact/index_en.htm

http://ec.europa.eu/smart-regulation/impact/index_en.htm

http://www.conversion-website.com/energy/ton-of-oil-equivalent-to-terawatt-hour.html

___________________________________________________________________________37

household lamps Energy Labelling

stage 6 of EC Regulation No 244/2009 has been delayed by 2 years to 2018, thus ensuring these savings are not fully realised by 2020 as originally intended. The Impact Assessment did not separate out Ecodesign from labelling. SAEE also plans to introduce the Ecodesign TR alongside the existing Energy Labelling TR. This regulation is currently under review in the EU. A more comprehensive ‘light sources’ regulation is anticipated in late 2016.

Tertiary lighting 38 TWh Ecodesign and Energy Labelling

The Impact Assessment did not separate out Ecodesign from labelling. SAEE also plans to introduce the Ecodesign TR alongside the existing Energy Labelling TR. This regulation is currently under review in the EU. A more comprehensive ‘light sources’ regulation is anticipated in late 2016.

7

Standby and network standby

35 TWh Ecodesign The Impact Assessment focused on Ecodesign, which is in line with the plans from SAEE. This regulation is currently under review in the EU.

8

Glandless standalone circulators and glandless circulators

26.6 TWh Ecodesign The Impact Assessment focused on Ecodesign, which is in line with the plans from SAEE.

9

Directional Lamps, LED Lamps and related equipment


The Impact Assessment did not separate out Ecodesign from labelling. SAEE also plans to implement the Ecodesign measure alongside the existing Energy Labelling TR. This regulation is currently under review in the EU. A more comprehensive ‘light sources’ regulation is anticipated in late 2016.

10

Water heaters and hot water storage tanks

19 TWh Ecodesign and Energy Labelling

The Impact Assessment did not separate out Ecodesign from labelling, but SAEE plans to implement both measures.

11

Vacuum cleaners 18.8 TWh Ecodesign and Energy Labelling


12

Computers and computer servers

16.3 TWh Ecodesign The Impact Assessment focused on Ecodesign as there is no

13

___________________________________________________________________________38

corresponding Energy Labelling regulation, which is in line with the plans from SAEE.

Small, medium and large power transformers

16.2 TWh* Ecodesign *Note that this saving is calculated to 2025 given tier II requirements only enter into force in 2021 (to allow time for development of amorphous core technology). The Impact Assessment focused on Ecodesign as there is no corresponding Energy Labelling regulation, which is in line with the plans from SAEE.

14

Household Tumble Dryers



15

Air conditioners and Comfort Fans



16

External power supplies

9 TWh Ecodesign The Impact Assessment focused on Ecodesign, which is in line with the plans from SAEE. Note this regulation is currently being reviewed in the EU to consider alignment with US regulations.

17

Domestic ovens, hobs and range hoods


The Impact Assessment did not separate out Ecodesign from labelling, but SAEE plans to implement both measures. The savings were not expressed by the EC in TWh but using an online conversion43, a figure for converting PJ into TWh is presented.

18

27 PJ

Water Pumps 4.6 TWh Ecodesign The Impact Assessment focused on Ecodesign, which is in line with the plans from SAEE.

19

Household refrigerating appliances


The Impact Assessment did not separate out Ecodesign from labelling. SAEE also plans to introduce the Ecodesign TR alongside the existing Energy Labelling TR. Note that because of the long lifetime of refrigerating appliances, there is an inertia in the

20

43 http://www.conversion-website.com/energy/gigajoule-to-terawatt-hour.html

http://www.conversion-website.com/energy/gigajoule-to-terawatt-hour.html

___________________________________________________________________________39

realisation of the savings. The savings increase to 12 TWh by 2025. This regulation is currently under review in the EU.

Household dishwashers

1.7 to 2 TWh Ecodesign and Energy Labelling

The Impact Assessment did not separate out Ecodesign from labelling. SAEE also plans to introduce the Ecodesign TR alongside the existing Energy Labelling TR. This regulation is currently under review in the EU.

21

Household washing machines

1.2 to 1.5 TWh Ecodesign and Energy Labelling

The Impact Assessment did not separate out Ecodesign from labelling, SAEE also plans to introduce the Ecodesign TR alongside the existing Energy Labelling TR. This regulation is currently under review in the EU.

22

6.3.5 Prioritisation

Calculation Method The method for combining the individual criteria is summarised in Figure 6.1 below:

Figure 6.1: Method for integrating the 4 criteria to produce the prioritised list

Prioritised Order The summation of the outputs from the four criteria and the resulting prioritised order are presented in Table 6.4 below.

___________________________________________________________________________40

Table 6.4: Prioritisation order for the preparation and adoption of the 22 Ecodesign technical regulations in Ukraine

___________________________________________________________________________41

6.4 Conclusions

The final prioritised order (Table 6.5) represents a rationally derived basis upon which SAEE can approach the introduction of Ecodesign TRs in Ukraine.

Table 6.5: Final prioritised order for the Ecodesign technical regulations in Ukraine

No Product Group 'Industrial' products 1 Simple Set Top Boxes Circulators 2 External Power Supplies Transformers 3 Tertiary Lighting44 Water pumps 4 Non-directional Household Lamps8 Industrial Fans (125W-500kW) 5 Standby/Off-mode Electric motors 6 Household dishwashers Computers and computer servers 7 Household refrigerating appliances 8 Household washing machines 9 Directional lighting: luminaires, reflector lamps and LEDs8 10 Household tumble driers 11 Televisions 12 Water heaters and hot water storage tanks 13 Air conditioners and comfort fans 14 Domestic ovens, hobs and range hoods 15 Vacuum cleaners 16 Space and combination heaters

It can be seen that the space and water heaters product group ranks highest for energy savings, but also ranks highest for technical complexity and contentiousness. Negotiating the EU regulation for this product group took seven years – much longer than other regulations. So, whilst it might seem attractive to target the introduction of Ecodesign regulations for space and water heaters to receive significant energy savings, it might well take a long time and consume a lot of resources to approve the regulation – it could also create a negative perception within government, industry and civil society for Ecodesign. It is therefore suggested to begin in Ukraine with the introduction of product groups, with more modest energy saving potential, that are considerably less complex and contentious, in order to prove the process and gain a positive stakeholder perception for the regulations.

The list starts with the product groups cited in Resolution #847, these include Simple Set Top Boxes and External Power Supplies, which should be relatively easy to deliver and will serve to prove the process within Ukraine. Then SAEE can progress onto tertiary and non-directional lighting which are more contentious, but with greater energy savings. In doing so the current EU review of the lighting regulations (also including directional lighting) should be considered, which is expected to simplify these three regulations into a single one by the end of 2016. Once the obligations under Resolution

44 Note that the three lighting regulations (which are also listed in the Action Plan for the Association Agreement) are currently being reviewed in the EU with the intention of superseding them with a combined, single ‘light sources’ Ecodesign regulation, accompanied by a single ‘light sources’ Labelling regulation. The first draft working document for this combined regulation is available. The earliest anticipated date that such a regulation could come into force would be December 2016.

___________________________________________________________________________42

#847 are delivered, SAEE can progress to complement those product groups in Ukraine which already have an Energy Labelling regulation. These product groups begin with household appliances such as refrigerators and washing machines. It should be noted that the projected energy savings for household appliances could be larger for Ukraine, in relative terms, compared with the EU projections, given that energy using product policy has been in existence for these product groups in the EU for approximately 20 years and so the resulting energy savings from further regulatory strengthening are diminishing: this is not the case for Ukraine. The list concludes with the remainder of the residential and household products and space heaters – which is expected to be the most difficult.

Please note that the ‘industrial’ products listed from circulators through to computers and computer servers45 are at the bottom of the list only because they are not included in Resolution 847 and they are not subject to existing labelling regulations in Ukraine (or the EU). The lack of labelling for these products is because industrial consumers do not use packaging labels to the same extent as mass market consumers, i.e. purchasing an industrial motor from a wholesaler is a different experience than purchasing a TV in a retail outlet. This is because industrial consumers have professional procurement staff used to reviewing technical specifications of products, including energy savings levels. The energy savings possible from this industrial group, especially from motors, fans and circulators, are particularly high and are rightfully the subject of a separate industrial products initiative from SAEE. It is right to treat industrial products differently and so that initiative should take precedence over this proposed prioritisation.

7. Harmonised Standards for Products Covered by Ecodesign and Energy Labelling Regulations 7.1 Scope

The scope of products featured under this assignment together with the Ukrainian Government’s intention for regulation for each product category is detailed in Table 7.1 below. For the first six product groups listed46, Energy Labelling TRs are already adopted in Ukraine.

Table 7.1: Product scope and the associated regulatory intention

Measure Ecodesign Energy Labelling

Household refrigerating appliances*

(EC) No 643/2009 (EC) No 1060/2010

Household washing machines* (EU) No 1015/2010 (EU) No 1061/2010

Household dishwashers* (EU) No 1016/2010 (EU) No 1059/2010

45 The computers regulation 617/2013 refers to PCs, notebooks and small servers. These are not subject to labelling in Europe because of an agreement between the EU and the US government to adopt the ENERGY STAR label for such equipment. Use of the ENERGY STAR label is widespread for such equipment and it is recommended that SAEE consider its use in Ukraine. A preparatory study covering the use of more powerful but less ubiquitous ‘enterprise servers’ and associated networking equipment (used for example in data centres) has been recently completed and a related Ecodesign regulation is under development. 46 An asterisk* indicates this product group has a technical regulation for Energy Labelling approved in Ukraine.

___________________________________________________________________________43

Measure Ecodesign Energy Labelling

Non-directional household lamps* (EC) No 244/2009 (EC) No 859/2009 (EU) No 2015/1428

(EU) No 874/2012

Directional lamps, LED lamps and related equipment*

(EC) No 1194/2012 (EU) No 2015/1428

(EU) No 874/2012

Tertiary lighting* (EC) No 245/2009 (EU) No 347/2010 (EU) No 2015/1428

(EU) No 874/2012


(EU) No 66/2014 (EU) No 65/2014

Air conditioner and comfort fans (EU) No 206/2012 (EU) No 626/2011

Household tumble dryers (EU) No 932/2012 (EU) No 392/2012

Space and combination heaters (EU) No 813/2013 (EU) No 811/2013

Water heaters and hot water storage

(EU) No 814/2013 (EU) No 812/2013

Vacuum Cleaners EU) No 666/2013 (EU) No 665/2013

Televisions (EC) No 642/2009 (EU) No 1062/2010

Water pumps (EU) No 547/2012 N/A

Computers and computer servers (EU) No 617/2013 N/A

Transformers (EU) No 548/2014 N/A

Standby and network standby (EC) No 1275/2008 (EU) No 801/2013

N/A

Simple set-top boxes (EC) No 107/2009 N/A

External power supplies (EC) No 278/2009 N/A

Electric motors (EC) No 640/2009 (EU) No 4/2014

N/A

Industrial Fans (125W-500kW) (EU) No 327/2011 N/A


(EC) No 641/2009 (EU) No 622/2012

N/A

7.2 European Harmonised Measurement Standards and Transitional Methods of Measurement

7.2.1 Scope

Not all of the product groups covered by this assignment have European harmonised standards47 (see Table 7.2).

47 http://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/ecodesign/index_en.htm

http://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/ecodesign/index_en.htm

http://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/ecodesign/index_en.htm

___________________________________________________________________________44

Table 7.2: Product Groups with and without associated European Harmonised Standards

Measure European Harmonised Standard

Transitional Methods of Measurement


Air conditioner and comfort fans

Household tumble dryers

Vacuum Cleaners

Transformers

Standby and network standby

External power supplies

Electric motors

Household refrigerating appliances

Household washing machines

Household dishwashers


Space and combination heaters

Water heaters and hot water storage

Water pumps

Directional lamps, LED lamps and related equipment

Computers and computer servers

Non-directional household lamps

Tertiary lighting

Televisions

Simple set-top boxes N/A

Industrial Fans (125W-500kW) N/A

The majority of the product groups that do not have European harmonised standards, have instead a set of transitional methods of measurement: that is a set of measurement methods issued by the EC intended to cover the intervening period from when a regulation is adopted in the EU to when a European harmonised standard can be published. Simple set top boxes and industrial fans have neither European harmonised standards nor transitional methods of measurement.

Annex 5 provides lists of product groups with European Harmonised Standards, product groups with Transitional Methods of Measurement, and product groups without either European Harmonised Standards of Transitional Methods of Measurement, indicating the respective standards or transitional methods for measurement and/or EC mandates, and their applicability to Ecodesign and Energy Labelling.

7.3 European Harmonised Measurement Standards and Transitional Methods of Measurement There are ten product groups under this assignment without European harmonised standards. They are currently subject to the development process whereby the European Standards Organisations (ESOs) act upon the mandate issued to them by the EC inviting them to create European harmonised

___________________________________________________________________________45

standards. The status of each product group is summarised in Table 4.1 of Annex 5. Where otherwise not referenced, the source of information for Table 4.1 of Annex 5 was ECOS: the European Environmental Citizen’s Organisation for Standardisation48.

The workload directed to the ESOs in recent years has increased considerably, and as can be seen from table 4.1 in Annex 5 significant delays are now materialising. In order to better facilitate the response for developing European harmonised standards, CEN and CENELEC have created the Ecodesign Coordination Group49. All mandates go through this group, which has stakeholders from the various standardisation technical committees, industry associations, civil society groups and the EC. This is a forum where EC officers can answer questions from stakeholders and explain their expectations for the harmonised standards.

The CEN & CENELEC Ecodesign Support Group has set up a number of Task Forces to deal with horizontal Ecodesign issues related to standardisation. These are: terms and definitions (task force 1), tolerances and measurement uncertainties (task force 2), Ecodesign – Energy Performance of Buildings Coordination (task force 3) and material efficiency (task force 4).

8. Support to the VII International Investment Business Forum on Energy Efficiency and Renewable Energy From 10 to 13 November 2015, SAEE organised the VII International Investment Business Forum on Energy Efficiency and Renewable Energy in Kyiv.

ITS contributed to the Forum by organising and implementing workshops on "Ecodesign: the experience of the EU and first steps in Ukraine" and "Awareness Raising for Energy Efficiency", by providing an experts' zone and by providing logistical support to the Forum.

Both workshops were attended by almost 100 participants.

The workshop agendas, presentations, list of participants, and other pertinent documents are available at: http://www.inogate.org/activities/627?lang=en&order=date_issue_desc&section=documents

ITS received letters of recognition signed by Mr Sergey Savchuk, Chairman of SAEE, acknowledging the contributions to the Forum and the Workshops on Ecodesign and Awareness Raising (see Annex 6).

8.1 Workshop "Ecodesign: the experience of the EU and first steps of Ukraine" The workshop “Ecodesign: the experience of the EU and first steps of Ukraine” focussed on past and current developments in Ecodesign in the EU, and on SAEE's current activities in this field. The workshop provided an opportunity to review the past and current work of SAEE on Energy Labelling, and to discuss first steps towards the transposition of the EU Ecodesign Directive and of specific regulations for ErPs.

48 http://ecostandard.org/ 49 http://www.cencenelec.eu/standards/Sectors/SustainableEnergy/Ecodesign/Pages/default.aspx

http://www.inogate.org/activities/627?lang=en&order=date_issue_desc&section=documents

http://ecostandard.org/

http://www.cencenelec.eu/standards/Sectors/SustainableEnergy/Ecodesign/Pages/default.aspx

___________________________________________________________________________46

Following an opening address by Mr Krzysztof Gierulski, Member of the Support Group for Ukraine of the EC, and welcome words on behalf of Mr Sergey Savchuk, Chairman of SAEE, the following topics were addressed by speakers of ITS, SAEE and the Ministry of Economy of Ukraine:

• An introduction to Energy Labelling and Ecodesign, which have been cornerstones of the EU Energy Policy, since 1992 and 2005 respectively;

• An overview on the EU Ecodesign Directive 2009/125/EC, requirements under the Directive and the energy savings achieved;

• The Ecodesign process - from preparatory study to implementation; • Verification procedures and market surveillance for regulated ErPs; • An overview on SAEE's achievements in Energy Labelling, in particular the transposition of

the EU Energy Labelling Directive 2010/30/EU and of regulations for specific products, as well as the current work programme to introduce labelling for more products;

• The transposition of Energy Labelling and Ecodesign requirements according to the EU – Ukraine Association Agreement;

• The current assistance by ITS towards the transposition of the EU Ecodesign Directive and of regulations for energy related products in Ukraine.

8.2 Workshop "Awareness Raising for Energy Efficiency" A separate half-day workshop on “Awareness Raising for Energy Efficiency” was held later on the same day to present the EU experience in raising public awareness on energy efficiency, recent initiatives of ITS in Eastern Partnership countries as well as the corresponding initiatives of SAEE in Ukraine. Among the speakers were representatives of SAEE and ITS.

8.3 Experts zone In cooperation with SAEE, ITS provided an experts' zone, where ITS experts provided information and answered questions of visitors of the Forum on EU and Ukrainian product policies, and particularly on Energy Labelling and Ecodesign.

For this purpose, ITS elaborated two leaflets: "What is Ecodesign and why do we need it in Ukraine" (in Ukrainian and English) and "What is Energy Labelling" (in Ukrainian), which were available for visitors of the experts zone, with the objective to raise awareness among the interested public (see http://www.inogate.org/activities/627?lang=en&order=date_issue_desc&section=documents).

8.4 Logistical support ITS provided logistical support to the Forum, which included all services required for the workshops mentioned under Sections 8.1. and 8.2 and the experts zone (Section 8.3), as well as general support services to the four-day Forum.

9. Further steps Further to the tasks and deliverables documented in this report, ITS will assist SAEE in the preparation of a report to the Energy Community Secretariat (ECS) on the progress in introducing

http://www.inogate.org/activities/627?lang=en&order=date_issue_desc&section=documents

___________________________________________________________________________47

Energy Labelling and Ecodesign regulations in Ukraine, taking into consideration the progress and results of the tasks carried out in this activity.

Part of the communication with the ECS will be a consultation with regard to the required structural changes to Ukrainian TRs compared to the corresponding EU Regulations, which stem from current Ukrainian legislation, including the Resolution of the Council of Minsters #708/2012 on Normative References.

10. Conclusions and Recommendations This assignment included various activities, which can be grouped under the following headlines:

• Translations of EU Ecodesign Regulations into Ukrainian and of existing Ukrainian TRs for Energy Labelling of ErPs in English;

• The review of five draft TRs for Energy Labelling; • 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 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 conclusions and recommendations on each topic have been provided in the respective sections of this report, they are briefly summarised below.

Translations of EU Ecodesign Regulations into Ukrainian and of existing Ukrainian Technical Regulations for Energy Labelling of ErPs into English

All translations were submitted in accordance to the time schedule agreed upon. In the process for translation of the existing TRs for Energy Labelling minor inconsistencies with the corresponding EU CDRs were detected and communicated to SAEE.

Review of five draft Technical Regulations for Energy Labelling

In the reviews of the draft TRs for household tumble driers, household ovens & range hoods, vacuum cleaners, air conditioners and water heaters (without annexes) comments received in the process of the inter-ministerial approval process were addressed, together with inconsistencies with the corresponding EU CDRs and Ukrainian legal acts, in particular the Law of Ukraine "On technical regulation and conformity assessment" and “Rules of preparing technical regulations based on EU legislation” (Resolution of CMU of 12.06.2012 #708). The reviews were submitted for SAEE's consideration and comments.

Advise with regard to the most appropriate legal option to transpose the EU Ecodesign Directive into Ukrainian legislation

Based on meetings with SAEE and stakeholders, and the review of pertinent legal documents, ITS evaluated three options for the transposition of the Ecodesign Directive into Ukrainian legislation: (1)

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as a Law of Ukraine, (2) as a Technical Regulation based on a Resolution of the Cabinet of Ministers, and (3) as an Article of the new Energy Efficiency Law which requires the transposition of the Directive as Technical Resolution by Resolution of the Cabinet of Ministers. ITS analysed arguments for and against each of these options, referring to relevant criteria, mentioning the related evidence. While there are strong arguments in favour of transposition as a Law, the legal documents reviewed stipulate that the transposition of the Directive must be as a legal act (technical regulation) of the Cabinet of Ministers. On the other hand, transposition as an Article of the new Energy Efficiency Law which requires the transposition for the Directive as TR by Resolution of the Cabinet of Ministers, satisfies all criteria of the analysis applied and is recommended as the most viable option, which will facilitate timely implementation of the Directive, and at the same time ground it in a Law of Ukraine, thereby giving it legal force and providing stability to inspire investor confidence.

Advise with regard to the prioritisation of the introduction of Ecodesign Technical Regulations for energy-related products in Ukraine

SAEE is seeking a prioritised order 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. Following consultation with SAEE, ITS proposed an order of priority based on the following criteria: (i) the Ecodesign product group commitments made within the Action Plan for the Implementation of the Association Agreement in 2014, (ii) the complementarity of introducing an Ecodesign TR for a product group that in Ukraine already has an existing Energy Labelling TR, (iii) the anticipated level of technical complexity and contentiousness involved within the process to develop, consult, adopt and implement the product specific TRs, and (iv) the expected energy savings as a result of the implementation of the individual product specific TRs.

The application of these criteria results in four orders of priority and the ranking shown in Table 6.4. The list starts with the product groups cited in Resolution #847, include simple set top boxes, external power supplies, and tertiary and non-directional lighting. Once the obligations under Resolution #847 are delivered, SAEE can progress to complement those product groups in Ukraine which already have an Energy Labelling regulation, including household appliances such as refrigerators and washing machines. The list concludes with the remainder of the residential and household products and space heaters. ‘Industrial’ products are in a separate list only because they are not included in Resolution 847 and they are not subject to existing labelling regulations in Ukraine (or the EU). The energy savings possible from this industrial group, especially from motors, fans and circulators, are particularly high and are rightfully the subject of a separate industrial products initiative from SAEE.

Provide a list of European harmonised measurement standards for Products covered by existing and future Ecodesign and Energy Labelling Regulations in Ukraine

20 of the 22 product groups under consideration are either covered by European harmonised standards or by transitional methods of measurement issued by the EC, while simple set top boxes and industrial fans have neither European harmonised standards nor transitional methods of measurement. Annex 5 provides lists of product groups with European harmonised standards, product groups with transitional methods of measurement, and product groups without either European harmonised standards or transitional methods of measurement, indicating the respective standards or transitional methods for measurement and/or EC mandates, and their applicability to Ecodesign and Energy Labelling.

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

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The workshops on Ecodesign and on Awareness Raising, as well as the Experts' Zone, served to inform stakeholders and the interested public about the experience in the EU in Energy Labelling, Ecodesign and awareness raising for energy efficiency, and on current and planned activities of SAEE in these fields. In particular the workshop on Ecodesign provided an opportunity to review the past and current work of SAEE on Energy Labelling, and to discuss first steps towards the transposition of the EU Ecodesign Directive 2009/125/EC and of specific regulations for ErPs.

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List of Annexes and Appendices

Annex 1 WORK PLAN FOR 2015 to implement activities within the Protocol of Intent between the State Agency For Energy Efficiency and Energy Saving of Ukraine and the technical assistance project under the INOGATE Programme “INOGATE Technical Secretariat and Integrated Programme in support of the Baku Initiative and Eastern Partnership energy objectives”

Annex 2 International Use of Regulation/Date stamped references in Products Energy Labels

Annex 3 Guidance on the Calculations and Production of Equations from within EU Regulation 626/2011 Energy Labelling of Air Conditioners

Annex 4 Meeting attendees First and Second Mission of Team of Experts to Ukraine

Annex 5 Harmonised Standards for Products covered by Ecodesign and Energy Labelling Regulations

Annex 6 Letters of Recognition

Appendix I Reviews of Draft Technical Regulations for Energy Labelling of (i) household tumble driers, (ii) domestic ovens and range hoods, (iii) vacuum cleaners, (iv) air conditioners, (v) water heaters, hot water storage tanks and packages of water heater and solar device (without annexes).

Appendix II Translations into Ukrainian of EC Ecodesign Regulations for the following energy-related products: (i) air conditioners and comfort fans, (ii) water pumps, (iii) household tumble driers, (iv) directional lamps, LED lamps and related equipment, (v) computers and computer servers, (vi) vacuum cleaners, (vii) space and combination heaters, (viii) water heaters and hot water storage tanks, (ix) domestic ovens, hobs and range hoods, (x) small, medium and large power transformers.

Appendix III Translations into English of the existing Technical Regulations transposing Directive 2010/30/EU, CDR 1060/2010 for household refrigerating appliances and CDR 1061/2010 for household washing machines (Res. 702 of 7 August 2013 "On approval of technical regulations on Energy Labelling"); CDR 874/2012 for electrical lamps and luminaires (Res. 340 of 27 May 2015); CDR 1059/2010 for household dishwashers (Res. 514 of 17 July 2015).

Documents

16 02 26 CWP 08-12 UA Draft Task Report