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The European Commission has recently announced two guiding principles for EU product policy: First, product policy shall ensure that the performance of front-runner products in terms of sustainability becomes the norm, and second, the effectiveness of the current Ecodesign legislative framework is going to be significantly improved. Within this paper, already existing front-runner approaches and recent and ongoing product policy-making processes were reviewed. Based on the results, an EU front-runner approach is outlined. The presented approach (i) refers to performance levels of the best products already available on the market, (ii) aggregates information in existing databases, and (iii) works semi-automated. Together, all three attributes have a high potential to facilitate and accelerate the specification of appropriate minimum requirements for products at the EU level. This way, EU policymakers can deliver on the core objectives of the Ecodesign legislative framework much better. The basic mechanism and its legal entrenchment of the approach are illustrated for the energy efficiency of energy-related products. In addition, the Front-Runner Approach can be applied to any product group in the scope of the upcoming Ecodesign for Sustainable Products Regulation and to a wide range of product-related minimum requirements, such as durability, reparability, or recycled content. The study’s objective is to suggest a tailor-made and dynamic approach to keep the EU product legislation up to date using innovative technology based on the investigation of current regulations and identify the gap. Experiences from three international case studies suggest that a front-runner approach to setting energy-performance standards can drive innovation and reduce energy consumption via promoting energy-efficient products; transparency about available products is one of the key factors and can be established by a database. The EU front-runner approach comprises extending the existing energy label database (or making use of the digital product passport) and introducing a legislative procedure that triggers changes in the energy efficiency requirements in the specific EU regulations if the database shows that a certain threshold value is reached. Challenges such as limited EU staff capacities and opportunities such as increased dynamic are discussed.
Smart Products Enable Smart Regulations—Optimal Durability Requirements Facilitated by the IoT
(2021)
The challenges and opportunities linked with IoT have been intensively discussed in recent years. The connectivity of things over their entire life cycle and the smart properties associated with it provide new functionalities and unprecedented availability of (usage) data. This offers huge opportunities for manufacturers, service providers, users, and also policymakers. The latter May impact policy areas such as the regulations on resource and materials efficiency under the Ecodesign Directive 2009/125/EC. With the general approach as it is practiced today, legal requirements are usually set for entire product groups without considering the products individually, including user behavior and environmental conditions. The increasing number of smart products and the growing availability of product data are sparking a discussion on whether these requirements could be more product and application-specific. This paper presents a method for calculating the economically and ecologically optimal durability of a product. It allows determining the point in time when a product should be replaced by combining consumer data with product design data. This novel Approach could contribute to making product regulation more flexible and possibly more efficient. In this context, fundamental challenges associated with smart products in policymaking are also discussed.