Our feedback on the Commission’s proposal for simplification of administrative burden in environmental legislation

Europe’s home appliance industry is ready to lead the green transition, bringing more sustainable and energy-efficient products to market. We cannot do this when stifled by a tangle of complex, overlapping regulations. 

We thus support the European Commission’s goal to simplify administrative burdens in environmental legislation. We believe that simplification is not about lowering environmental ambitions, it is about reaching them more intelligently, timely and efficiently.

A clear, unified regulatory framework is essential for Europe's competitiveness. This document, based on our already published "Recommendations for the Next Omnibus Simplification Package," outlines specific proposals to streamline policy and clear the path for innovation.

Summary of Main Messages

• Rationalise ineffective and redundant reporting obligations: APPLiA supports rationalising reporting by discontinuing the Substances of Concern in Products (SCIP) Database. We also support launching the Critical Raw Materials Act, reporting only when its requirements are proven effective. For the EU Deforestation-free Products Regulation, due diligence obligations should primarily fall on the economic operator placing the relevant product on the market. The product scope in Annex 1of the Regulation also needs to be clarified, especially regarding natural vs. synthetic rubber. 
• Simplify the maze of labels: APPLiA calls for reducing the information on physical labels for the Batteries Regulation to the essential only. Further information could be provided via a QR code on the product, allowing for greater flexibility in design and language. Additionally, we suggest a more flexible marking solution - potentially with a QR code too - for the Packaging and Packaging Waste Regulation requirements. 
• Harmonise rules and remove double regulation: The European Commission should prioritise harmonising national Extended Producer Responsibility schemes, especially for reporting formats to reduce administrative complexity. We also recommend removing duplicative substance reporting between Ecodesign for Sustainable Products Regulation (ESPR), Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), and the Batteries Regulation. Components and subassemblies of finished products should be removed from the scope of ESPR when they are placed on the market as spare parts. APPLiA also believes horizontal measures should be deleted from the scope of the ESPR, and packaging requirements should be removed from the ESPR too, as they are already covered by the Packaging and Packaging Waste Regulation. Product design aspects should be removed from the Waste from Electrical and Electronic Equipment (WEEE) legislation as they are covered by ESPR in combination with the Restriction of Hazardous Substances Directive (RoHS).
• Ensure a Coherent Digital Framework: The introduction of the Digital Product Passport (DPP) for home appliances and the extent of the data to include in the DPP was not informed by any preparatory study that proved the impact of possible measures. In the absence of such information and anticipating the extremely high costs for companies to set up the DPP system internally, APPLiA advocates for a pragmatic, "start small" approach if the Commission proceeds both in terms of data and system requirements. The DPP system must link all legally required information from other legislation, build on existing EU-developed databases like EPREL, ensure data accuracy for compliance control and rigorously protect business confidential information.
• Remove Market Access Barriers: The implementation of the Drinking Water Directive (DWD) threatens to block market access for essential products like heat pumps and water heaters due to the omission of hafnium from the EU Positive List. APPLiA urges the Commission to amend the Implementing Act to include hafnium and, during the transition, establish mutual recognition of national certificates for conformity.
• Providing companies with enough time to implement EU legislation. EU legislation often provides insufficient transition time for companies to adapt to new requirements. In some cases, companies even need to comply with a requirement in the absence of the secondary legislation clarifying how these requirements should be implemented on the ground. That is why we support targeted revisions of the ESPR.