新型低碳壁垒对我国生态设计的影响及法律对策

A Study on the Influence of the New Type Low-carbon Barrier and the Legal Countermeasures

生态设计要求是近年来主要由欧盟倡导的一种新型低碳壁垒。其把"能源相关产品必须通过改进设计达到一定的生态技术标准"设为市场准入条件之一,这将引起我国用能产品国际市场占有率的降低、出口成本的增加以及整个产业链的重新整合等一系列后果。在分析欧盟生态设计立法及其法律、政策依据的基础上,中国未来应着力推动建立健全自身产品生态设计及其配套制度政策体系,发展基于产品生命周期管理(PLM)和延伸生产者责任(EPR)的低碳—循环经济,同时积极开展低碳外交,以期合理应对壁垒并籍此契机完善本国相关制度。

As a new type of low carbon barrier, the Eco-design Requirements have been mainly advocated by the European Union in recent years. It sets a market access condition that the energy-related products should meet certain ecological technical standards by improving its design, which would lead to the dropping of China’s energy-using product (EuP) share in the international market, the increasing of the export cost, and the reintegration of the whole industrial chain. Base on the analysis of the EU Eco-design legislation as well as the relevant law and policy, the paper proposes that China should try to set about its own eco-design of products,formulate the policy of supporting system related to it, develop the low carbon-circular economy based on Product Lifecycle Management (PLM) and Extended Producer Responsibility (EPR). It is also necessary to actively carry out low-carbon diplomacy in order to deal with the barrier reasonably and take the opportunity to perfect correlative systems of China.