While this translation was carried out by a professional translation agency, the text
is to be regarded as an unofficial translation based on the latest official Act no. 308
of 30 April 2008. Only the Danish document has legal validity.
Act on ecodesign of energy-using products1)
We, Margrethe II, by the grace of God Queen of Denmark hereby make known: the Folketing
has adopted and We with Our consent hereby enact the following Act:
Part 1
Scope, definitions etc.
1.-(1) The object of this Act is to promote the development and use of energy-efficient and
environmentally friendly energy-using products in order to limit the consumption of energy and
impacts on the environment throughout the entire life cycle of the product.
(2) This Act shall cover all types of energy-using products introduced to the EU as well as
components and subassemblies.
(3) This Act shall not apply to examples of an energy-using product already put into service.
2. For the purposes of this Act:
1) “Energy-using product” shall mean:
a) a product which is dependent on energy input (electricity, fossil fuels and renewable energy
sources) to work as intended,
b) a product for the generation, transfer or measurement of such energy,
c) parts dependent on energy input and intended to be incorporated into an energy-using
product which is placed on the market for end-users or put into service as individual parts for
end-users and of which the environmental performance can be assessed independently.
2) ”Commercial putting into service” shall mean: putting into service by an enterprise for
commercial purposes of an energy-using product which the enterprise has manufactured or
acquired and which the enterprise does not place on the market.
3) ”Implementing measures” shall mean: measures adopted by Community authorities laying
down energy-efficiency and environment-improving design requirements for defined energyusing products or for environmental aspects hereof.
4) ”Putting into service” shall mean: the use of an energy-using product for its intended
purpose by an end-user in the EU.
5) “Importer” shall mean: any natural or legal person established in the EU who places an
energy-using product from a third country on the EU market in the course of his business.
6) ”Introduction to the EU” shall mean: the first time an energy-using product is placed on the
market or commercially put into service in a country which is a member of the European
Communities.
7) ”Components and sub-assemblies” shall mean: parts intended to be incorporated into
energy-using products, and which are not placed on the market or put into service as
individual parts for end-users, or the environmental performance of which cannot reasonably
be assessed independently of the assembled product.
8) ”Life cycle” shall mean: the consecutive and interlinked stages of an energy-using product
from raw material use to final disposal.
9) ”Placing on the market” shall mean: making an energy-using product available for the first
time on the EU market with a view to its distribution or use within the EU whether for reward
or free of charge and irrespective of the selling technique.
10) ”Manufacturer” shall mean: the natural or legal person who manufactures energy-using
products covered by this Act and regulations pursuant to this Act as well as an implementing
measure for the product with a view to it being placed on the market or put into service under
the manufacturer's own name or trademark or for the manufacturer's own use.
11) ”Authorised representative” shall mean: any natural or legal person established in the EU
who has received a written mandate from the manufacturer to perform on his behalf all or part
of the obligations and formalities connected with this Act or regulations issued pursuant to this
Act or an implementing measure.
3. The Minister for Climate and Energy may, after consultations with the Minister for the
Environment, lay down regulations with regard to meeting Denmark’s commitments pursuant
to Community Law within the scope of this Act.
Part 2
Introduction of energy-using products to the EU
4.-(1) Responsibility for ensuring that an energy-using product conforms with this Act and
regulations laid down pursuant to this Act or an implementing measure shall lie with the
manufacturer introducing the product to the EU.
(2) In the event that the manufacturer is not established in the EU, responsibility shall lie with
1) the authorised representative of the manufacturer in the EU,
2) the importer, if the manufacturer has no authorised representative in the EU, or
3) any natural or legal person who places on the market or commercially puts into service the
relevant product, if there is no authorised representative or importer in the EU.
5.-(1) The Minister for climate and Energy may lay down regulations that specific categories of
energy-using products that are introduced to the EU shall comply with one or more of the
following requirements:
1) Requirements on utilization of the energy used.
2) Environmental requirements.
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3) Requirements on assessment of the environmental performance of the product and
consideration of alternative design solutions.
4) Requirements that the manufacturer shall make energy information about the product
available to consumers and others who handle, use or recycle the energy-using product.
5) Requirements that the manufacturer shall make environmental information about the
product available to consumers and others who handle, use or recycle the energy-using
product.
(2) Regulations laid down pursuant to subsection (1), nos. 2, 3 and 5, shall be laid down after
consultations with the Minister for the Environment.
6. The Minister for Climate and Energy may lay down regulations that energy-using products
shall be marked in a specific manner in order to state that the product complies with the
requirements laid down pursuant to section 5.
7.-(1) The Minister for Climate and Energy may lay down regulations that, before the product
is introduced to the EU, the manufacturer of an energy-using product shall ensure and declare
that the product complies with the requirements laid down pursuant to sections 5 and 6 or an
implementing measure. Furthermore, the Minister may lay down regulations that the
manufacturer shall document that the product complies with these requirements.
(2) The Minister for Climate and Energy may lay down regulations that, on request, the
manufacturer shall conduct measurements and tests of whether the product complies with the
requirements laid down when circumstances give rise to such a request in connection with the
introduction of the product or later. Regulations may lay down,
1) that the manufacturer shall allow a sample product to be taken for measurement and
checks by an expert enterprise or an approved institution as mentioned in subsection (5), or
2) that the relevant products, on request, shall be delivered to an assigned testing site or
tested at the place of manufacture, installation or sale or any other relevant place.
(3) The Minister for Climate and Energy may lay down regulations that the manufacturer shall
pay the costs of making the sample product available for measurement and checks, cf.
subsection (2).
(4) The Minister for Climate and Energy may lay down regulations on the methods and
standards to be followed in declarations, documentation, measurement and testing, cf.
subsections (1) and (2).
(5) The Minister for Climate and Energy may lay down regulations that declarations,
documentation, measurements or testing as mentioned in subsections (1) and (2) in
exceptional circumstances shall be verified by an expert institution or enterprise which has
been approved by the Minister.
(6) Regulations pursuant to subsections (4) and (5) shall be laid down after consultations with
the Minister for the Environment.
8. The manufacturer shall keep documentation, including the declaration of compliance
mentioned in section 7(1) and (2) for no less than ten years after the last example of the
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relevant product has been manufactured. The documentation shall be made available no more
than ten days after it has been requested.
9.-(1) The Minister for Climate and Energy may lay down regulations that manufacturers or
their authorised representatives placing components and subassemblies on the market shall
provide the manufacturer of an energy-using product covered by this Act or an implementing
measure with relevant information on the material composition and the consumption of
energy, materials or resources of the components or subassemblies.
(2) Regulations pursuant to subsection (1) shall be laid down after consultations with the
Minister for the Environment.
Part 3
Market monitoring, bans etc.
10.-(1) The Minister for Climate and Energy shall ensure that an energy-using product
complies with the declaration of compliance pursuant to section 7(1).
(2) If, in connection with supervision of subsection (1), the Minister for Climate and Energy
has reason to suspect that an energy-using product does not comply with the regulations
pursuant to this Act or an implementing measure, the manufacturer shall be notified as soon
as possible.
(3) A manufacturer who introduces an energy-using product to the EU shall, on request,
provide all information necessary for proper execution of the duties of the Minister for Climate
and Energy pursuant to subsection (1). This shall apply correspondingly for any person acting
on behalf of the manufacturer.
(4) Any person who places on the market or commercially puts into service an energy-using
product shall, on request, provide all information necessary to determine who is responsible for
the product, cf. section 4.
(5) If deemed necessary, on proof of identity and without a court order, the Minister for
Climate and Energy shall, at all times, be entitled to access premises used by an enterprise
mentioned in subsection (2) and (3) in order to take samples of energy-using products for
measurement and checks that they comply with the requirements in regulations laid down
pursuant to this Act or an implementing measure. This provision shall not apply for buildings
used exclusively as private residences.
11.-(1) If the Minister for Climate and Energy finds that an energy-using product does not
comply with the requirements laid down in regulations pursuant to this Act or an implementing
measure, the Minister may order that the conditions which conflict with the requirements be
brought into compliance within a specific time limit.
(2) The Minister for Climate and Energy may issue bans on placing on the market or
commercial putting into service of an energy-using product which does not comply with the
requirements of subsection (1).
(3) The Minister for Climate and Energy may, in circumstances mentioned in subsection (2),
also order that enterprises, which place an energy-using product on the market which does not
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comply with the requirements of subsection (1) shall take the steps necessary to withdraw the
product from the market.
(4) The Minister for Climate and Energy shall notify the European Commission and the other
Member States of any decision pursuant to subsections (1)-(3) and state the reasons for this.
12.-(1) The Minister for Climate and Energy shall publish decisions made pursuant to section
11(1)-(3).
(2) The Minister for Climate and Energy may lay down regulations on publication of the results
of supervision and decisions mentioned in subsection (1). The Minister may lay down
regulations on publication of the names of products and natural and legal persons, if products
are checked, and of the decisions mentioned in subsection (1).
(3) The Minister for Climate and Energy may lay down regulations on the form and scope of
publication, including that publication may be made electronically.
Part 4
Supervision etc.
13.-(1) The Minister for Climate and Energy shall supervise compliance with this Act,
regulations issued pursuant to this Act and implementing measures.
(2) The Minister for Climate and Energy may, after consultations with the Minister for the
Environment, lay down regulations stating that the Minister for the Environment shall
supervise compliance with environmental requirements pursuant to Part 3. In such case, the
Minister for the Environment shall exercise the authority afforded to the Minister for Climate
and Energy by subsection (3).
(3) The Minister for Climate and Energy may, after consultations with the relevant minister,
authorise other state authorities to exercise specific authorities assigned to the Minister of
Climate and Energy by this Act.
(4) The Minister for Climate and Energy may authorise an expert institution, an organisation
or an enterprise to exercise specific authorities regarding supervision, checks, sampling,
measurement and tests of energy-using products, accredited certification as well as secretarial
assistance for the Minister. The institution etc. may not make decisions regarding access as
mentioned in section 10(5), or make decisions pursuant to section 11.
(5) The Minister for Climate and Energy shall supervise performance of duties afforded to an
institution etc. as mentioned in subsection (4).
(6) The Minister for Climate and Energy may lay down regulations on disclosing information on
the results of supervision to other Danish or foreign authorities or expert institutions etc. as
mentioned in subsection (4) which perform duties in connection with the objectives of this Act.
Part 5
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Appeals
14.-(1) Decisions by the Minister for Climate and Energy may be appealed to the Energy
Board of Appeal. Decisions by the Minister for the Environment may be appealed to the
Environmental Board of Appeal.
(2) Decisions made by another authority pursuant to this Act may not be appealed to the
Minister for Climate and Energy or the Minister for the Environment.
(3) The Minister for Climate and Energy may, after consultations with the Minister for the
Environment, lay down regulations on the right to appeal to the Energy Board of Appeal and
the Environmental Board of Appeal, including stay of execution to appeal and limitation periods
for adjudication of decisions made by the Boards of Appeal.
Part 6
Penalties
15.-(1) Any person shall be liable to a fine who
1) fails to provide information which the person is obliged to provide according to section10(3)
and (4), or provides incorrect or misleading information,
2) obstructs access to take samples of products etc. as mentioned in section 10(5), or
3) fails to comply with orders pursuant to section 11(1)-(3).
(2) In regulations issued pursuant to this Act, the Minister for Climate and Energy may lay
down fines for breaches of these regulations.
(3) If the breach resulted in a financial advantage, this shall be confiscated in accordance with
regulations of Part 9 of the Criminal Code, even in the event that the breach does not cause
damage to the environment or give rise to danger thereof. If confiscation is not possible,
special consideration shall be taken of this in measurement of the fine, including any
supplementary fines.
(4) Companies, etc. (legal persons) may incur criminal liability according to the regulations in
Part 5 of the Criminal Code.
Part 7
Entry into force and amendment provisions
16.-(1) This Act shall enter into force on the day after notification in the Danish Law Gazette.
(2) Act no. 94 of 9 February 1994 on standards for energy efficiency of energy-using
equipment shall be repealed.
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(3) Regulations issued in pursuance of Act no. 94 of 9 February 1994 on standards for energy
efficiency of energy-using equipment shall remain in force until they are repealed or until they
are replaced by regulations laid down pursuant to this Act.
17. (Omitted).
18. (Omitted).
19. This Act shall not apply for the Faeroe Islands and Greenland.
Christiansborg Slot, 30 April 2008
MARGRETHE R.
/ Connie Hedegaard
Official notes
This Act contains provisions implementing Directive 2005/32/EC of the European Parliament and of the Council of 6
July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending
Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council
(Official Journal 2005 no. L 119, p. 29).
1)
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