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Energy Efficient Products

What constitutes the ‘latest version of the firmware’ under the Regulation (EU) 2019/424?

For firmware updates, how does a manufacturer distinguish what is legally required to be provided in relation to the enhanced licensed product functionality or software?

As per the provision laid down in Annex II.1.2.3 to the regulation, manufacturers must make available the latest available version of the firmware (free of charge or at a fair, transparent and non-discriminatory cost) and the latest available security update to the firmwares (free of charge) within specifically defined periods. Annex I.34 to the regulation defines what is meant as firmware. An elaboration of the technical features of firmware and firmware updates should be part of the standardisation deliverables in the framework of the ‘Standardisation request to the European standardisation organisations in support of Commission Regulation (EU) 2019/424 of 15 March 2019 laying down Ecodesign requirements for servers and data storage products pursuant to Directive 2009/125/EC of the European Parliament and of the Council and amending Commission Regulation (EU) 617/2013’.

Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.