Oeko study for UBA: Ecodesign/internal market does not preclude MS from banning fossil boilers

Oeko-institut has earlier this year produced a study for the German environment agency (UBA) revealing that Ecodesign regulations do not preclude member states from adopting restrictions or prohibitions aimed at protecting the climate.

Oeko-institut has earlier this year produced a study for the German environment agency (UBA) revealing that Ecodesign regulations do not preclude member states from adopting restrictions or prohibitions aimed at protecting the climate.

“Our analysis of the European Commission’s decisions shows that the Commission itself works on the assumption that neither the EU’s Ecodesign Regulations nor the free movement of goods clauses preclude member states from banning the installation of fossil fuel heating systems in buildings.”

See here: https://www.oeko.de/en/up-to-date/2021/boilers-to-boost-climate-action

And here the full study: https://www.umweltbundesamt.de/sites/default/files/medien/5750/publikationen/2021-01-25_texte_16-2021_fossile_brennstoffe.pdf  (in German)

It is quite relevant, as several Member States seem to be looking at ways to restrict the use of (certain) fossil boilers in existing buildings, with Denmark having released an advertisement for legal analysis on phasing out fossil fuels in individual heating as well.