Commission Notice on the application of ecodesign requirements on the efficiency of power-supply units in servers and data-storage products and on the power-source efficiency of welding equipment (2022/C 469/03)

Overview

Regulation (EU) 2019/424 has applied since 1 March 2020; Annex II, point 1.1 sets minimum efficiency for the power-supply units (PSUs) of servers and data-storage products. The first level (point 1.1.1) applied from 1 March 2020 and a more stringent value applies from 1 January 2023. The same notice also covers the power-source efficiency of welding equipment under Regulation (EU) 2019/1784, applicable since 1 January 2021, with its requirements likewise starting on 1 January 2023; this summary covers only the server side.

The reasoning is about supply. More efficient PSUs need new printed circuit boards made with semiconductor chips. Because of the COVID-19 related global chip shortage, board manufacturers could not meet demand and delivery lead times were much longer than expected. The Commission says this made it impossible for some manufacturers to ensure compliant products from 1 January 2023, but expects the situation to be short-term and largely resolved before 1 January 2024. Several Member States and industry associations had reported the difficulty.

The legal framing is clear: neither the Commission nor any Member State may set aside binding deadlines or requirements unless Union law is amended through the proper procedures. Market-surveillance authorities' duty to monitor compliance is ongoing and not tied to a date after 1 January 2023, and they must use their powers proportionately. Member States are invited to weigh three conditions: the exceptional and unforeseen chip crisis, its time-limited nature, and the need for a secure supply of regulated products to essential economic sectors.

The practical result: if authorities, consistent with those conditions, do not enforce the PSU requirement from 1 January 2023, the Commission will refrain from infringement procedures provided the non-enforcement does not go beyond what is required and is limited to 1 January 2023 until 1 January 2024. The approach applies to all individual units of a model placed on the market in that period, and the same considerations apply to a non-compliant unit found after 1 January 2024 that was placed on the market earlier. The notice states a Commission enforcement stance, not a legal exemption.

Key points

1. Regulation (EU) 2019/424 applies from 1 March 2020; the first PSU minimum efficiency level (Annex II point 1.1.1) applied then and a stricter value applies from 1 January 2023.
2. The reason is the COVID-19 related global semiconductor shortage, which delayed printed circuit boards and left some manufacturers unable to supply compliant products on 1 January 2023.
3. The Commission expects the problem to be short-term and largely resolved before 1 January 2024.
4. Neither the Commission nor Member States can set aside binding deadlines without amending the law.
5. The monitoring duty of market-surveillance authorities is ongoing and not tied to a date after 1 January 2023; authorities must act proportionately.
6. Three conditions for Member States to weigh: the unforeseen chip crisis, its time-limited nature and the need for secure supply of regulated products.
7. If authorities do not enforce accordingly, the Commission will refrain from infringement procedures as long as non-enforcement stays within what is required and within 1 January 2023 to 1 January 2024.
8. The approach covers all units of a model placed on the market in this period, including units found after 1 January 2024 that were placed on the market earlier.

Using it in design

• When validating server PSU data against the 2023 tier, apply an informational exception, not a hard error, for units placed on the market during 2023 (legacy stock).
• Keep the date a server was placed on the market in the product database so units in the 1 January 2023 to 1 January 2024 window can be distinguished.
• Remember the notice is an enforcement stance, not an exemption: ask vendors for a 2023-tier PSU declaration on new purchases and use the exception only for documented legacy stock.

Who should read it

Engineers and compliance specialists who verify ecodesign compliance of servers and storage or write procurement specifications.

Document contents

1. Background: Regulations (EU) 2019/424 and 2019/1784 and the 1 January 2023 date
2. The semiconductor supply crisis and its impact
3. Market surveillance and the principle of proportionality
4. Conditions for Member States to consider
5. Commission position on infringement procedures (1 January 2023 to 1 January 2024)

Related standards

• Regulation (EU) 2019/424
• Regulation (EU) 2019/1020

Read the document

Publication details

Authors

European Commission

Publisher

European Commission

Year

2022

Document number

2022/C 469/03 (CELEX 52022XC1209(01))

Document language

English

Source type

Government / public

Access

Open licence — downloadable

Licence

EU reuse (2011/833/EU) — reuse permitted with acknowledgement of the source

Licence evidence

eur-lex.europa.eu

Citation