On Energy-using Products Directive Of EU

Along with the development of economy and the progress of society, people are increasingly concerned about the environment. Governments, especially of the developed countries, consider more and more factors on environment protection when they make policies. As energy-using products are closely related to environmental factors throughout their life cycle, it has been a tendency of the world development that ecological protection and energy conservation requirement being continuously improved. European Union expects to improve environmental performance of energy-using products by setting eco-design requirement for them as well as manifest its pioneer image of environmental conservation. EuP Directive became law in August 2005 and the member states were required to transpose it into national law by August 11, 2007. The scope of EuP Directive is widely drawn and targets almost any product that uses external energy source. It focused on a product's complete life-cycle and requires the product's effect on energy, environment and natural resources considered during the designing stage. And in order to legally place a product on the European market or put it into service, the manufacturer needs to comply with the obligation for conformity assessment and declaration of conformity and must label the product with the conformity marking "CE". Once the Directive has been translated into the domestic law of EU member states, it will affect our exporting products to EU significantly. EuP Directive hasn't implemented for a long time so that many persons are not clear about its legislation concept, main contents, enforcement manner, etc. and there aren't many theoretical researches from legal point of view on the directive. The motive to write this thesis is to eliminate the information barrier which is brought with the EuP Directive through a structural legal analysis of the Directive.The thesis, with EuP Directive as the focus, discusses and studies the background, legislative concept, the main contents, legitimacy of the directive, influence on China and our countermeasures by historical analysis methodology, comparative analysis methodology anddemonstration methodology. There are four parts, and the points are the followings:Partâ… analyzes summary of the directive ,including background, the legislative concept and goals of the directive, the relationship between EuP Directive and other EU green directives .Partâ…¡defines the main contents, clarifies some key terms in the directive, the market access and market monitoring, and expounds drafting guidelines for implementing measures.Partâ…¢analyzes the legitimacy of the directive, demonstrates the international basis of the directive, expounds it's characters, elaborates its validity in the frame of WTO and come to the conclusion that EuP Directive has legal basis whereas implying the motive of trade protecting.Partâ…£discusses the influence on our country from both positive and negative aspects, and advances the measures from four aspects including changing conception, perfecting legislation, changing management mode and enforcing international cooperation.