On 21 June, the European Commission announced the start of the reviewing process for ecodesign requirements for air heating and cooling products. simultaneously, it published a call for evidence, which will be open until 31 August, to gather feedback from stakeholders and technical experts.

The legislation at hand will review the rules set out by the Commission Regulation 2016/2281 for air heating and cooling products, by taking into account the new technological developments in the field. This aims to make the legal framework to mirror the recent advancements.

Similarly, the new regulation, like the previous one, will also find its legal basis in the old Ecodesign Directive of 2009, which in Article 15 set out a delegation to the Commission for implementing ecodesign requirements to enforce that Directiv concretely.

The historical Ecodesign directive was recently replaced by the new Ecodesign for Sustainable Products regulation (ESPR), which reviewed the framework of the former, broadened up its scope, and was adopted in the form of Regulation rather than a directive, with all the consequent effects in terms of effects and binding nature.

In addition, the ESPR ensures the continuation of the work conducted by the European  Commission under the old Ecodesign legislation, by providing for a phased repeal of the old Directive. This allows the Commission to issue sub-legislative legal acts based on the former directive until 31 December 2026, when the repeal will be completed.

The forthcoming Regulation will have the status of a sub-legislative act. Although the "Call for evidence" mentions "requirements that supplement the directive by amending non-essential elements," which suggests the regime for delegated acts under Article 290 TFEU, the Commission's webpage references the Committee (C07900) on Ecodesign and Energy Labelling of Energy-related Products. This indicates that it is an implementing act rather than a delegated one.

Whilst the shades of difference between the two categories might seem minor, they are crucial for Public Affairs purposes. The procedures for each, as well as the powers granted to the Council and the Parliament, differ significantly. In this case, the Commission's work will be primarily reviewed and scrutinized by a committee composed of member state representatives, following a classic comitology procedure.

At REHVA the Policy Team has been studying and monitoring the file, and we will give further updates on the substance of the dossier at hand once the draft act is published after the feedback period concludes.

The commission adoption is then scheduled for the fourth quarter of 2025









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