EN   EN 
 
 
 EUROPEAN  
COMMISSION   
Brussels, XXX   
[…](2018) XXX  draft  
 
COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) 2017/1369 of the European Parliament and of the 
Council with regard to energy labelling of refrigerating appliances with a direct sales 
function  
(Text with EEA relevance)    
EN 1  EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  DELEGATED  ACT  
Legal and political context of the proposal  
Regulation (EU) 2017/1369 of the European Parliament and the Council1 (Energy Labelling 
Framework Regulation) sets a framework  of energy labelling for  energy -related products at 
EU level. Energy labelling is a key EU policy instrument for informing consumers about the 
energy efficiency requirement s and other environmental aspects of energy -related products 
placed on the internal market . The energy label is recognised and used by 85% of Europeans2.  
In addition to the arguments above, the implementation of this option would be incoherent 
with the ap proach chosen for  household and professional refrigeration policies, as both 
include energy labelling.  
The Communication from the Commission COM(2016)773  final3 (2016 -2019 ecodesign 
working plan)  sets out a list of products that are a priority for implementing measures  and 
which are selected based on their potential for cost -effective reduction of greenhouse gas 
emissions following a fully transparent process culminating in working plans that outline the 
priorities for the development of implementin g measures. T he 2016 -2019  ecodesign working 
plan includes refrigerating appliances with a direct sales function as a priority group for which 
work is ongoing.  
In addition , several new policy initiatives indicate that ecodesign and energy labelling policie s 
are relevant in a broader political context. The main initiatives in question are: 
– Communication from the Commission to the E uropean Parliament, the Council , the 
European Economic and Social Committee, the Committee of the Regions and the 
European Investment Bank COM(2015)080  final4 (energy union framework 
strategy) , which calls for a sustainable, low -carbon and climate -friendly economy ; 
– the Paris Agreement5, which calls for a renewed effort in carbon emission abatement ;  
– the Gothenburg Protocol6, intended to  control air pollution ; 
– Communication from the Commission to the European Parliament, the Council, the 
European Economic and Social Committee and the Committee of the Regions 
COM (2015 )0614 final7 (circular economy action  plan) , which stresses the need to 
include reparability, recyclability and durability in ecodesign ;  
                                                 
1 Regulation (EU) 2017/1369 of the European Parliament and of the council of 4 July 2017 setting a 
framework for energy labelling and repealing Directive 2010/30/EU  (OJ L 198, 28.7.2017, p. 1 ). 
2 Study on the impact of the energy label – and potential changes to it – on consumer understanding and 
on purchase decisions - LE London Economics and IPSOS, October 2014 . 
3 Communication from the Commission  - Ecodesign working plan (COM(2016) 773 final, Brussels, 30 
November 2016 ). 
4 Communication from the Commission to the European Parliament, the Council, the European 
Economic and Social Committee, the Committee of the Regions and the European Investment Bank. A 
framework strategy for a resilient energy union with forward -looing clim ate change policy 
(COM(2015)080 final, Brussels, 25.02.2015).  
5 https://unfccc.int/process/the -paris -agreement/what -is-the-paris -agreement .  
6 http://www.unece.org/env/lrtap/multi_h1.html . 
7 Communication from the Commission to the European Parliament, the Council, the European 
Economic and Social Committee and the Comm ittee of the Regions - Closing the loop - An EU action 
plan for the circular economy (COM/2015/0614 final , Brussels 02.12.2015) .  
EN 2  EN – the Emissions Trading Scheme ( ETS)8, intended to achieve  cost-effective greenhouse 
gas ( GHG ) emissions reductions . GHG are indirectly affected by the energy 
consumption of the electricity using products in the scope of ecodesign and energy 
labelling policies ; 
– Communication from the Commission to the European Parliament and the Council 
COM(2014)0330 final9 (energy security strategy), which aims to ensure  a stable and 
abundant supply of energy.  
General context  
The ecodesign together with the energy labelling legislative framework represent a push and 
pull market mechanism aiming at reducing carbon emissions by determining a major impact 
on the choices that consumers make when purchasing energy consuming products.  
The two policy frameworks help produc ts placed on the EU market to perform the same job 
using around one fifth less energy. By 2020, use of energy efficiency labels and ecodesign 
requirements is projected to lead to energy savings of around 165  Mtoe (million tonnes of oil 
equivalent) in the E U, roughly equivalent to the annual primary energy consumption of Italy. 
In relative terms, this represents a potential energy saving of approximately 9  % of the EU's 
total energy consumption and a potential 7  % reduction in carbon emissions. In 2030, savi ngs 
are projected to grow to 15  % of the EU's total energy consumption and 11  % of its total 
carbon emissions . 
Refrigerating appliances with a direct sales function (e.g. supermarket cabinets, beverage 
coolers, small ice -cream freezers, gelato -scooping cab inets and vending machines) are key for 
ensuring food quality preservation in the food chain in the Union, and in addition to provide 
to consumers other non -perishable foodstuffs, e.g. beverages, that are customarily consumed 
at temperatures below the ambi ent temperature. However, in fulfilling this function, the 
appliances are significant energy users and contributors to greenhouse gas emissions, with an 
annual consumption of about 65  TWh in  the EU -28, equivalent to ca. 0, 46 % of the total final 
energy con sumption of the EU.  
Work on this product group started in 2004 -2005. The first preparatory study on ecodesign for 
commercial refrigeration  in 2007 identified the relevant environmental aspects of refrigerating 
appliances with a direct sales function, and analysed the legislative, technical, environmental, 
economic and behavioural aspects of commercial refrigeration. It showed that there was 
significant energy saving potential. In 2013 -2014, the JRC update d the preparatory study.  
The preparatory study and its update confirmed an existing and cost -effective potential to 
reduce energy consumption. Therefore, the objectives of this proposal are to:  
– introduce an energy label for commercial refrigeration  to allow consumers to 
differentiate effectively and sufficiently between the appliances o n the market ; 
– create incentives for producers to further develop and market energy efficient 
technology and products ; 
– generate cost savings for end users ; 
– reduce the ave rage energy consumption of commercial refrigeration cabinets. Reduce 
additionally GHG emissions which for commercial refrigeration are mainly related to 
                                                 
8 https://ec.europa.eu/clima/policies/ets_en.  
9 Communication from the Commission to the European Parliament and the Council, European security 
strategy (COM/2014/0330 final , Brussels 28.5.2014 ).   
EN 3  EN energy consumption, but also refrigerant leakage. Promoting energy efficiency, 
encouraging innovation, and reducing energy dependence;  
– promote energy efficiency as a contribution to security of energy supply in the 
framework of the Community objective of saving 32,5 % of the EU's energy 
consumption by 20 30 by i ncreas ing the  market take -up of energy -efficie nt 
refrigerat ing appliances with a direct sales function  through the introduction of an 
energy label  (together with the p roposed ecodesign requirements);  
– introduce specific end -of-life requirements to facilitate  the dismantling of the 
cabinets and the fulf ilment of the objectives of Directive 2012/19/EU of the 
European Parliament and the Council10 (WEEE Directive ). 
Consistency with existing provisions in the policy area  
Commission Delegated Regulation (EU) No 1060/201 011 includes residential refrigerating 
appliances  in its scope. These refrigerating appliances are mainly used in a household 
environment. This Regulation is currently being revised. The proposal for a revision exempts 
refrigerating appliances with a direct sales function from its scope, theref ore there will not be 
overlapping requirements . 
Commission Delegated Regulation (EU) 2015/109412 includes professional refrigerated 
storage cabinets and blast cabinets  in its scope . These appliances are refrigerating appliances 
that are used in professional  environments (e.g. restaurants), but that are not intended for 
display or customers access. This proposal exempts products in the scope of the Ecodesign 
Regulation for professional refrigeration, therefore there will not be overlapping 
requirements.  
Energy Labelling  Regulations on components  - In addition to Energy Labelling  
Regulations on the final products, energy labelling  requirements might be applicable to the 
components  of refrigerating appliances with a direct sales function . Currently, there is on e 
component  that is  regulated under energy labelling is the following , that is l amps 
(Commission Delegated  Regulation (EU) No 874/201213). The components of refrigerating 
appliances with a direct sales function are not in the scope of th is Regulation . 
Consistency with other Union policies  
No EU legislation has been identified in the field of energy consumption of commercial 
refrigeration. For commercial refrigeration, relevant Community legislation applies in the 
field of safety, both mechanical and ele ctrical, and standards. Other legislation with relevance 
for commercial refrigeration products on environmental aspects includes:  
– The WEEE Directive  set requirements on e.g. recovery and recycling of Waste of 
Electrical and Electronic Equipment to reduce t he negative environmental effects 
resulting from the generation and management of WEEE  and from resource use. The 
                                                 
10 Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical 
and electronic equipment  (WEEE ) (OJ L 197 of 27 -07-2012, p 38 ). 
11 Commission Delegated Regulation (EU) No 1060/2010 of 28 September 2010 supplementing Directive 
2010/30/EU of the European Parliament and of the Council with regard to energy labelling of 
household refrigerating appliances  (OJ L 314, 30.11.2010, p. 17 ). 
12 Commission Delegated Regulation (EU) 2015/109 4 of 5 May 2015 supplementing  Directive 
2010/30/EU of the European Parliament and of the Council with regard to energy labelling of  
professional refrigerated storage cabinets, blast cabinets, condensing units and process chillers  (OJ L 
177, 8.7.2015, p. 2). 
13 Commission Delegated Regulation (EU) No  874/2012 of 12  July 2012 supplementing Directive 
2010/30/EU of the European Parliament and of the Council with regard to energy labelling of electrical 
lamps and luminaires  (OJ L 258, 26.9.2012, p. 1 ).  
EN 4  EN WEEE Directive  applies directly to refrigerating appliances  with a direct sales 
function . Ecodesign implementing measures can complement the i mplementation of 
the WEEE Directive  by including e.g. measures for material efficiency, thus 
contributing to waste reduction, instructions for correct assembly and disassembly, 
thus contributing  to waste prevention and others;  
– The Directive 2011/65/EU  of the European Parliament and the Council14 (RoHS 
Directive) restricts the use of six specific hazardous materials and four different 
phthalates found in electrical and electronic equipment (EEE). The RoHS Directive 
does not apply explicitly to refrigeration appliances with a direct sales function, but 
the electronics in these appliances are expected to be in compliance with this 
Directive through the implementation of the Directive in the general product 
portfolio of suppliers . There is no overlapping require ment with this proposal ; 
– Regulation (EU) No 517/2014 of the European Parliament and of the Council15 
(F-gas Regulation) c ontrol s the  emissions from fluorinated greenhouse gases (F -
gases), including hydrofluorocarbons (HFCs) . The F -gas Regulation applies to 
refrigeration appliances with a direct sales function. In this proposal it has been 
decided not to include requirements on refrigerant gasses, therefore, there will not be 
overlapping requirements;  
– The ETS  sets a cap on the total amount of certain greenhou se gasses that can be 
emitted by installations. This cap reduces over time, so that the total emissions fall. 
Within this cap companies receive or buy emission allowances which they can trade 
with one another as needed. They can also buy a limited amount o f international 
credits. The ETS does not directly apply to refrigerating appliances  with a direct 
sales function , however, it does apply to electricity production. This either leads to 
lower  ETS prices (which could in turn decrease electricity prices) or to the need for 
less emission r eductions in ETS sectors ( lower  renewable energy targets or less 
reductions  of carbon emissions  in industry).  
2. LEGAL BASIS, SUBSIDIARITY AND PROP ORTIONALITY  
Legal Basis  
The proposed Regulation is a delegated measure adop ted pursuant to Regulation 
(EU)  2017/1369, in particular Articles  11 and  16 thereof . The legal basis for acting at EU 
level through the Ecodesign Framework Directive and the Energy Labelling Framework 
Regulation  is Article  114 and Article  194 of the Treaty on  the Functioning of the European 
Union ( TFEU )16. Article  114 relates to the ‘the establishment and functioning of the internal 
market ’, while Article  194 gives, amongs t others, the EU the objective ‘ in the context of the 
establishmen t and functioning of the internal market and with regard for the need to preserve 
and improve the environment ’ to ‘ ensure security of energy supply in the Union ’ and 
‘promote energy efficiency and energy saving and the development of ne w and renewable 
form s of energy’ . 
Subsidiarity  (for non-exclusive  competence)   
                                                 
14 Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction 
of the use of certain hazardous substances in electrical and electronic equipment  (RoHS)  (OJ L 174, 
1.7.2011, p. 88 ). 
15 Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on 
fluorinated  greenhouse gases and repealing Regulation (EC) No 842/2006 (OJ L 150, 20.5.2014, p.195).  
16 Consolidated version of the Treaty on the Functioning of the European Union  (OJ C 326, 26.10.2012, p. 
47.)  
EN 5  EN The adoption of e nergy labelling  measures for refrigerating appliances with a direct sales 
function by individual Member States' legislation would lead to obstacles to the free 
movement of goods wi thin the Union. Such measures must therefore have the same content 
throughout the Union. In line with the principle of subsidiarity17, it is thus appropriate for the 
measure in question to be adopted at Union level.  
The Consultation Forum meeting of 2 July 2014 resulted in broad support from Member 
States to EU -wide implementing measures for refrigerating appliances with a direct sales 
function. The EU will limit itself only to setting the legislative framework. As fa r as certain 
aspects of the implementation are concerned, i.e. market surveillance and monitoring, EU 
action is not necessary to achieve the objectives, as Member States assume these 
responsibilities under the Energy Labelling Framework  Directive.  
Proporti onality  
The Energy Labelling Framework Regulation include s a built -in proportionality and 
significance test  in Article  16(2), which state that the delegated acts shall specify product that 
meet the following criteria:  
(a) the product group should have signific ant potential for saving energy and where 
relevant, other resources;  
(b) models with equivalent functionality should differ significantly in the relevant 
performance levels within the product group;  
(c) there should be no significant negative impact as regards th e affordability and the life 
cycle cost of the product group;  
(d) the introduction of energy labelling requirements for a product group should not have 
a significant negative impact on the functionality of the product during use.  
An assessment of the proposal  in view of such requirements was carried out in the impact 
assessment. This concluded that the proposal fulfils these criteria, while achieving the 
objectives described in Section  1 of this Explanatory Memorandum . In accordance with the 
principle of propor tionality, this measure does not go beyond what is necessary in order to 
achieve the objective, which is to set harmonised energy labelling requirements for 
refrigerating appliances with a direct sales function . 
Summary of the proposed action  
Two impact as sessments were carried out  in the period 2008 -2009 and in the period 2014 -
2015 . The Regulatory Scrutiny Board issued a positive opinion with comments on 07 July 
2015. Scenarios with different levels of energy efficiency where assessed , in the second study  
these scenarios were:  
(a) a business -as-usual scenario, where all other relevant EU-level policies and measures 
are assumed to continue ; 
(b) a voluntary agreement;  
(c) mandatory ecodesign requirements only;  
(d) mandatory energy labelling requirements only;  
                                                 
17 The principle of subsidiarity as is defined in Article 5 of the Treaty establishing the European Union 
intends to ensure that decisions are taken as closely as possible to the citizen; the Union should take 
action only in areas which fall within its exclusive competence and which do not lead to a more 
effectiv e action if taken at national, regional or local level.   
EN 6  EN (e) mandatory ecodesign and energy labelling requirements coming into force in three 
sets of increasing stringency ; 
(f) mandatory ecodesign and energy labelling requirements coming into force in two 
sets of increasing stringency.  
Seeing the extended period between the final isation of the impact assessment and the inter 
service consultation, the requirements proposed in the impact assessment were checked and 
updated where necessary with 2017 data for refrigerating appliances with a direct sales 
function based on industry inpu t and in cooperation with the JRC.  
The scenario with energy efficiency requirements in two tiers and an energy label was 
retained as the preferred scenario. By 2030, this scenario is estimated to result in:  
– electricity savings of 19 TWh/yr (48 TWh/y in pri mary energy terms ) and GHG 
emission savings of 7, 4 MtCO 2eq./a;  
– savings on annual end -user expenditur e of EUR 2, 9 billion and extra business 
revenue of EUR 0, 4 billion per year;  
– an alignment with technological progress and global minimum energy efficiency  
requirements in other economies;  
– a contributi on to the EU industry’s competitiveness and its leading role in high-
quality manufactur ing;  
– safeguarding of small and medium enterprise s. 
Energy label  
While household refrigerating appliances and professional refrigerated storage cabinets are 
covered by energy labelling regulations, this is not the case for refrigerating appliances with a 
direct sales function. In addition, d espite this being a business -to-business  product, the energy 
labelling would be a useful communication tool to purchase departments, and would help 
bring energy consumption to the centre of purchase considerations. Moreover, minimum 
requirements alone would not drive the market to purchase appliances with doors, which is 
one of the most cost effective measures that could be taken to improve energy efficiency.  
Therefore, an energy label is proposed to complement the ecodesign requirements.  
The energy label proposal will apply from 1 Septembe r 2020 onwards. The efficiency classes 
are set out in the table below. The energy labelling classes were set to find a distribution of 
the data points similar to a normal distribution over the different energy classes. The A class 
is expected to be empty i n 2020. This is in line with the Energy Label ling Framework 
Regulation . 
The proposal lists the parameters and other information to be entered, in particular:  
– in the public part of the product database established  pursuant to Regulation 
(EU)  2017/1369 (this  part can be printed as the product information sheet) ; 
– in the compliance part of the product database established  pursuant to Regulation 
(EU)  2017/1369 (this is a part of the technical documentation).  
The list of parameters to be entered in the product da tabase includes not only information 
strictly related to the energy label and its verification, but also all information useful for end -
users and for market surveillance authorities to verify compliance with the ecodesign 
regulation on light sources, which  is being drafted currently.  
It is the intention of the Commission that this act should apply from the same date as the 
ecodesign act which is being drafted currently .  
EN 7  EN Energy efficiency classes of refrigerating appliances  with a direct sales function  
Energy Efficiency Class  Energy Efficiency Index (EEI)  
A EEI < 10  
B 10 ≤ EEI < 20  
C 20 ≤ EEI < 35  
D 35 ≤ EEI < 50  
E 50 ≤ EEI < 65  
F 65 ≤ EEI < 80  
G EEI ≤ 80  
3. RESULTS OF EX-POST EVALUATIONS , STAKEHOLDER CONSULTA TIONS AND IMPACT 
ASSESSMENT  
Consultation of interested parties  
Stakeholders have been extensively consulted during the preparatory studies, and before and 
after the two Consultation Forum meetings. External expert  advice was also collected and 
analysed during  the stakeholder consultation . 
The preparatory study followed the Methodology for Ecodesign of Energy related Products 
(MEErP)18. 
That study covered refrigeration with a direct sales function  (commercial refrigerated 
cabinets ) and included a  technical, environmental and eco nomic analysis identif ying the need 
to set requirements and policy options.  
The preparatory study was developed in an open process, taking into account input from 
relevant stakeholders including manufacturers and their associations, environmental Non -
gove rnmental Organisations (NGOs), consumer organisations and Member State 
representatives.  
To facilitate communication with stakeholders, a dedicated website was set up for the first 
study on which the interim results and other relevant materials were publis hed. During the 
course of this study, two open consultation meetings were held to discuss  the study.  These 
open consultation meetings, were attended by a wide range of stakeholders, including 
industry, NGOs and Member States representatives.  
Pursuant  to A rticle 18 of Directive  2009/125/EC, Member State representatives and 
stakeholders were formally consulted  through the Ecodesign Consultation Forum. The first 
Consultation Forum on commercial refrigerators and freezers took place on 23 April 2010. 
However, the work did not result in proposals for measures because stakeholders’ views were 
too divergent and extra analysis was requested.  
The process was re -launched in 2012. To update the preparatory work and the formulat e of 
technical options for the implementing measures , the JRC worked intensively with 
stakeholders, in a Technical Working Group (TWG).  
                                                 
18 Kemna, R.B.J., Methodology for the Ecodesign of Energy -related Products (MEErP) – Part 2, VHK for 
the European Commission, 2011  (MEErP) .  
EN 8  EN The TWG  on commercial refrigeration was composed of experts from Member States' 
administration, industry, NGOs and acade mia. The y collaborated through the project’s 
website19, and contributed with data, information and/or written comments to interim draft 
versions of the preparatory study . Two workshops were held on 23 April 2013 in Seville and 
on 10 December 2013 in Brussel s. Three questionnaires were  distributed to the TWG, 
requesting  information and data updates, and gathering opinions on the scope  of the 
legislation , definitions, and energy consumption. Stakeholder s were involved through 
numerous bilateral meetings, and s ite visits to manufacturing, testing and dismantling plants.  
A second  meeting of the Consultation Forum took place on 2 July 2014, preceded by the 
distribution of updated working documents (explanatory notes, the draft Ecodesign 
Regulation, the draft Regul ation energy label  and draft transitional methods).  
At the time of the entry into force of the Interinstitutional agreement between the European 
Parliament, the Council of the European Union and the European  Commission on better law -
making20, the draft Regulation was already beyond the stage of the open public consultation, 
therefore no open public consultation was held.  
In the period 2017 -2018, some bilateral meetings were organised with industry and the JRC to 
update the data and the requi rements from the impact assessment. The draft proposal with 
updated requirements was consulted during an inter service consultation that ran in the period 
September - October 2018.  
Impact Assessment  
An impact assessment  is required if the expected economi c, environmental or social impacts 
of EU action are likely to be significant. The impact assessment  for the ecodesign and energy 
labelling regulation for refrigerating appliances with a direct sales function was carried out in 
2014 -2015 .  
It was based on t he data collected in the preparatory study . Additional data and information 
was collected and discussed by the impact assessment  study team with industry and experts, 
and with other stakeholders including representatives of the Member  States.  
In general, all stakeholde rs are in favour of ecodesign and energy labelling requirements for 
refrigerating appliances with a direct sales function. In particular most of the European  
industry supports the introduction of the legislation as soon as possible: they consider that 
new requirements would stimulate innovation and allow industry to better plan investments in 
new products.  
Choice of instrument  
The proposed form of action is a directly applicable Commission Delegated R egulation  
supplementing Regulation (EU)  2017/1369.  
                                                 
19 http://susproc.jrc.ec.europa.eu/comrefrig/index.html . 
20 Interinstitutional agreement between the European Parliament, the Council of the European Union and 
the European Commission on better law -making  of 13 April 2016  on better law -making  (OJ L 123, 
12.05.2016, p. 1).   
EN 9  EN COMMISSION DELEGATED REGULATION (EU) …/...  
of XXX  
supplementing Regulation (EU) 2017/1369 of the Europea n Parliament and of the 
Council with regard to energy labelling of refrigerating appliances with a direct sales 
function  
(Text with EEA relevance)  
THE EUROPEAN COMMISSION,  
Having regard to Article 114 of the Treaty on the Functioning of the European Union , 
Having regard to Regulation  (EU)  2017/1369 of the European Parliament and of the Council 
of 4 July 2017 setting a framework for energy labelling and repealing Directive 
2010/30/EU21, and  in particular Article s 11 and 16 thereof,   
Whereas:  
(1) Regulation  (EU)  2017/1369 empowers the Commission to adopt delegated acts as 
regards the labelling or re -scaling of the labelling of product groups representing 
significant potential for energy savings and, where relevant , other resources . 
(2) The Communication from the Commission COM(2016)773  final22 (ecodesign working 
plan) established by the Commission in application of point 1 of Article  16 of 
Directive 2009/125/EC of the European Parliament and of the Council23 sets out the 
working priorities under the ecodesign and en ergy labelling framework for the period 
2016 -2019. Refrigerating appliances with a direct sales function  are among  the 
energy -related product groups to be considered as priorities for the undertaking of 
preparatory st udies and eventual adoption of measure . 
(3) Measures from the ecodesign w orking plan have an estimated potential to deliver a 
total in excess of 260 TWh of annual final energy savings in 2030, which is equivalent 
to reducing greenhouse gas emissions by approximately 100 million tonnes per year in 
2030. Refrigerating appliances  with a direct sales function  is one of the product groups 
listed in the ecodesign w orking plan, with an estimated 48 TWh of annual final energy 
savings in 2030 . 
(4) The Commission carried out two preparatory studies covering the technical, 
environmental and economic characteristics  of refrigerating appliances with a direct 
sales function typically used in the Union . The studies were carried out  in close 
cooperation with stakeholders and interested parties fro m the Union and third 
                                                 
21 OJ L 198, 28.07.2017, p. 1.  
22 Communicatio n from the Commission. Ecodesign working plan 2016 -2019 . (COM(2016) 773 final , 
Brussels, 30.11.2012016) . 
23 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing 
a framework for the setting of ecodesign  requirements for energy -related products  (OJ L 285, 
31.10.2009, p. 10 ).  
EN 10  EN countries . The results of these studies were made public and presented to the 
Consultation Forum established by Article 14 of Regulation (EU) 2014/1369.  
(5) The preparatory stud ies concluded that there was a need to the introduc e energy 
labelling requirements for refrigerating appliances with a direct sales function . 
(6) The preparatory studies identified that energy consumption in the use phase is the 
most significant environmental aspect of refrigerating  appliances with a direct  sales 
function . 
(7) The preparatory studies have show n that the electricity consumption of products 
subject to this Regulation can be further reduced significantly by an energy label ling 
measure focusing on refrigerating appliances with a direct sales function . 
(8) This Regulation should apply to the following refrigerating appliances with a direct 
sales function : supermarket refrigerating (freezer or refriger ator) cabinets, beverage 
coolers, small ice -cream freezers, gelato -scooping cabinets and refrigerated vending 
machines.  
(9) The relevant produ ct parameters should be measured using  reliable, accurate and 
reproducible methods . Those methods should take into account recognised state -of-
the-art measurement methods including, where available, harmonised standards 
adopted by the European standardisat ion bodies , as listed in Annex I to Regulation 
(EU) No 1025/2012  of the European Parliament and of the Council24. 
(10) The terminology and testing methods of this Regulation  are consistent with the 
terminology and testing methods adopted in EN 16901, EN 16902, E N 50597 and EN 
ISO 23953 -2. 
(11) The measures provided for in this Regulation were discussed by the Consultation 
Forum and the Member States ’ experts in accordance with Article s 14 and  18 of 
Regulation (EU)  2017/1369 . 
HAS ADOPTED THIS REGULATION:  
Article 1 
Subject matter and scope  
1. This Regulation establishes requirements for the labelling of , and the provision of 
supplementary product information on , electric mains -operated refrigerating 
appliances with a direct sales function , including remote and integral cabinets , and 
including those sold for refrigeration of items other than foodstuff .  
2. This Regulation does not apply to:  
(a) refrigerated appliances with a direct sales function that are only powered by 
energy sources other than electricity;  
(b) refrigerating appl iances with a direct sales function other than compression -
type refrigerating appliances, such as  absorption -type and thermoelectric -type 
refrigerating appliances;  
(c) the part of the refrigeration system, typically the condensing unit, placed 
outside the refr igerated cabinets with direct sales function in remote cabinets;  
                                                 
24 OJ L 316, 14.11.2012, p. 12   
EN 11  EN (d) refrigerating appliances with a direct sales function specifically tested and 
approved for carrying out food processing such as  ice-cream makers  or 
microwave -equipped refrigerated vending mac hines, and excluding  
refrigerating appliances with a direct sales function equipped with one 
compartment specifically designed for carrying out food processing which is 
equivalent to less than 20  % of the net volume;  
(e) refrigerating appliances with a direct sales function specifically tested and 
approved for the storage of medicines and scientific samples;  
(f) refrigerating appliances with a direct sales function for the sale and display of 
live foodstuff, such as refrigerating appliances for the sale and display  of living 
fish and shellfish, refrigerated aquaria and water tanks;  
(g) custom -made refrigerating appliances  a with direct sales function made on a 
one-off basis according to individual customer specification and not equivalent 
to other refrigerating applianc es with direct sales function as defined in 
Annex  I; 
(h) built-in cabinets;  
(i) vertical static -air cabinets;  
(j) saladettes;  
(k) chilled horizontal serve -over counters with integrated chilled storage;  
(l) back -wall cabinets in assisted service, placed behind the serving pers onnel, 
with added back storage;  
(m) refrigerating appliances with direct sales function that have no integrated 
system for producing cooling and function by ducting chilled air that is 
produced by an external air chiller unit ; 
(n) corner cabinets;  
(o) products covered  by Commission Regulation (EU) 2015/109525; 
(p) refrigerated drum vending machines;  
(q) wine storage appliances and low noise appliances.  
Article 2 
Definitions  
For the purpose of this Regulation , the following definitions shall apply:  
1. ‘electric mains’ means the el ectricity supply from the grid of 230 (±10  %) volt (V) of 
alternating current at 50 hertz ( Hz); 
2. ‘refrigerating appliance with a direct sales function’ means an insulated cabinet with 
one or more compartments that are controlled at specific temperatures, cooled by 
natural or forced convection through  one or more energy consuming means and 
intended for displaying and selling  items to customers, accessible directly through 
open sides or through  one or more doors,  and/or drawers, including refrigerating 
                                                 
25 Commission Regulation (EU) 2015/1095 of 5 May 2015 implementing Directive 2009/125/EC of the 
European Parliament and of the Council with regard to ecod esign requirements for professional 
refrigerated storage cabinets, blast cabinets, condensing units and process chillers  (OJ L 177, 8.7.2015, 
p. 19 ).  
EN 12  EN appliance s with a direct sales function with areas used for storage or assisted serving 
of items not accessible by the customers ; 
3. ‘remote cabinet’ means a refrigerating appliance with a direct sales function  which 
consists of a factory -made assembly of components that in order to function as a 
refrigerating appliance,  needs : 
(a) input of electricity ; and 
(b) to be connected additionally to remote components (condensing unit and/or 
compressor and/or water condensed unit) whic h are not an integral part of the 
cabinet;  
4. ‘integral cabinet ’ means a refrigerating appliance with a direct sales function  that 
does not need to be connected to remote components in order to function as a 
refrigerator or freezer, because it has an integral  refrigeration system (i.e. 
incorporating a compressor and condensing unit);  
5. ‘refrigerator’ means a refrigerating appliance with a direct sales function  that 
maintains the temperature of the products stored in the cabinet at chilled operating 
temperature;  
6. ‘chilled operating temperature’ means that the temperature of products stored in the 
compartment or cabinet is continuously maintained between -3,5 degrees celcius ( °C) 
and 15  degrees celcius ( °C) for appliances equipped with energy management 
systems for saving energy (EMD or EMS) and between -3,5 degrees celcius ( °C) and 
10 degrees celcius ( °C) for appliances not equipped with EMD or EMS ; 
7. ‘freezer’ means a refrigerating appliance with a direct sales function  that maintains 
the temperature of the products stored in the cabinet at frozen operating temperature;  
8. ‘frozen operating temperature’ means that the temperature of products stored in the 
compartment or cabinet is continuously maintained below -12 degrees celcius ( °C); 
9. ‘foodstuff’ means food, ingredients , beverages, and other items primarily intended 
for consumption which require refrigeration at specified temperatures;  
10. ‘compression -type refrigerating appliance’ means a refrigerating appliance  with a 
direct sales function  in which refrigeration is effecte d by means of a motor -driven 
compressor;  
11. ‘absorption -type refrigerating appliance’ means a refrigerating appliance with a 
direct sales function  in which refrigeration is effected by means of an absorption 
process using heat as the energy source;  
12. ‘thermoele ctric-type refrigerating appliance’ means a refrigerating appliance  with a 
direct sales function  in which refrigeration is effected by means of a thermoelectric 
process;  
13. ‘condensing unit’ means a product integrating at least one electrically driven 
compres sor and one condenser , capable of cooling down and continuously 
maintaining low or medium temperature inside a refrigerated appliance or system, 
using a vapour compression cycle once connected to an evaporator and an expansion 
device , as defined in Regulat ion (EU) 2015/1095;  
14. ‘specifically tested and approved’ means that the product  complies with all the 
following requirements :  
EN 13  EN (2) it has been specifically tested for the mentioned operating condition or 
application, according to the European legislation mentioned or related acts, 
relevant Member State legislation, and/or relevant European or international 
standards ; 
(3)  it is accompanied by evidence, in the form of a certificate, a type approval 
mark, a test report or other documentation, that the product ha s been 
specifically approved for the mentioned operating condition or application ; 
(4) it is placed on the market specifically for the mentioned operating condition or 
application, as evidenced at least by the technical documentation, information 
on the packaging and any advertising or marketing materials;  
15. ‘refrigerated vending machine’ means a refrigerating appliance with a direct sales 
function  designed to accept consumer payments or tokens to dispense chilled items 
without on -site labour intervention;  
16. ‘net volume’ means the part of the gross volume of any compartment which is left  
after deduction of the volume of components and spaces unusable for the storage and 
display of items , in dm³ or litres ; 
17. ‘gross volume’ means the volume within the inside liner  of the compartment with an 
external door, without internal fittings and with doors or lids closed , in dm³ or litres ; 
18. ‘built -in cabinet ’ means a refrigerating appliance  with a direct sales function  that is 
designed, tested and marketed exclusively  to be : 
(a) installed in cabinetry or encased (top, bottom and sides) by panels ; 
(b) securely fastened to the sides, top or floor of the cabinetry or panels ; and 
(c) equipped with an integral factory -finished face or to be fitted with a custom 
front panel;  
19. ‘vertical static -air cabinet’ means a vertical cabinet  without internal forced -air 
circulation; a single static -air compartment within the cabinet is not sufficient to 
designate the refrigerating appliance with a direct sales function  as a static air 
cabinet;  
20. ‘vertical cabinet’ means a refrigerating appliance with a direct sales function  with a 
vertical display opening from the front;  
21. ‘saladette’ means a refrigerating appliance  with a direct sales function with one or 
more doors or drawer fronts in the vertical  plane that has cut -outs in the top surface 
into which temporary storage bins can be inserted for easy -access storage  of 
foodstuff (e.g. pizza toppings and salad items ); 
22. ‘horizontal serve -over counter’ means a horizontal for assisted service ; 
23. ‘horizontal c abinet’ means a refrigerating appliance with a direct sales function  with 
horizontal display opening on its top and accessible from above;  
24. ‘corner cabinet’ means a refrigerating appliance with a direct sales function  used to 
achieve geometrical continuity between two linear cabinets that are at an angle  to 
each other and/or that form a curve. A corner cabinet does not have a recognisable 
longitudinal axis or length since it consists only of a filling shape (wedge or similar) 
and is not designed to function as a stand -alone refrigerated unit. The two ends of the 
corner cabinet are inclined at an angle between 30  ° and 90  °;  
EN 14  EN 25. ‘refrigerated drum vending machines’ means a refrigerated vending machine with 
rotating drums  each divided in partitions, in which the product s are placed  
horizontally, and where the products are retrieved through individual delivery doors ; 
26. ‘wine storage appliance’ means a refrigerating appliance with only one type of 
compartment for the storage of win e, with precision temperature control for the 
storage conditions and target temperature, and equipped with anti -vibration 
measures , as defined in Commission Regulation (EU) [PO – please insert number of 
ecodesign regulation for refrigerating appliances]26; 
27. ‘compartment’ means an enclosed space within a cabinet, which is directly 
accessible through one or more external doors or drawers and may itself be divided 
into sub -compartments. For the purpose of this Regulation, unless specified 
otherwise, ‘compartment ’ refers to both compartments and sub -compartments;  
28. ‘external door’ is the part of a cabinet that can be moved or removed to at least allow 
inserting the load from the exterior to the interior or extracting the load from the 
interior to the exterior of the  cabinet;  
29. ‘sub-compartment’ means a permanent enclosed space within a compartment having 
a different operating temperature range from the compartment within which it is 
located;  
30. ‘low noise refrigerating appliance’ means  a refrigerating appliance with airborne 
acoustical noise emission  lower than 2 3 A-weighted decibel ( dB(A) ), as defined in 
Commission Regulation (EU) [OP – please insert the references  of the ecodesign 
regulation for refrigerating appliances] ; 
31. ‘energy efficiency index’ (EEI) means an ind ex number for the relative energy 
efficiency of a refrigeration appliance expressed in percentage  (%). 
Article  3 
Obligations of suppliers  
1. Suppliers shall ensure that:  
(a) each refrigerating appliance with a direct sales function  is supplied with a 
printed label in the format , as set out in Annex  III; 
(b) the parameters of the product information sheet , set out in Annex  V, are 
entered into the product database ; 
(c) if requested by the dealer, the product information sheet shall be made 
available in printed form;  
(d) the content of the technical documentation uploaded , set out in Annex  VI, are 
entered into the product database ; 
(e) any visual advertisement for a specific model of a refrigerating appliance with 
a direct sales function , including  technical promotional material  on the internet , 
contains the energy efficiency class  and the range of energy efficiency classes 
available on the label , in accordance with Annex  VII; 
                                                 
26 Commission Regulation (EU) [OP – please enter the number of the Regulation]  of [OP-please enter 
the date ] laying down ecodesign requirements for refrigerating appliances pursuant to Directive 
2009/125/EC of the European Parliament and of the Council and repealing Commission Regulation 
(EC) No 364/2009 ( [OP – please enter the references to the OJ] )  
EN 15  EN (f) any technical promotional material concerning a specific model of refrigerating 
appliance s with a direct  sales function , including on the internet,  which 
describes its specific technical parameters includes the energy efficiency class 
of that model  and the range of energy efficiency classes available on the label, 
in accordance with Annex  VII; 
(g) an electronic label in the format and containing the information , as set out in 
Annex  VIII, shall be made available to dealers for each refrigerating appliance 
with a direct sales function  model;  
(h) an electronic product information sheet , as set out in Annex  VIII, is made 
available to dealers for each refrigerating appliance with a direct sales function  
model . 
2. The energy efficiency class shall be based on the energy efficiency index calculated 
in accordance with Annex  II. 
Article 4 
Obligations of dealers  
Dealers shall ensure that:  
(a) each refrigerating appliance with a direct sales function , at the point of sale, bears the 
label provided by suppliers , in accorda nce with point  1(a) of Article  3, with the label  
displayed  in such a way as to be clearly visible;  
(b) in the e vent of distance selling and sale through internet, the label and product 
information sheet are provided , in accordance with Annex es VII and VIII; 
(c) in the case of a refrigerating appliance with a direct sales function  operating in 
premises whose owners do not buy the appliance  but cover the electricity costs of 
operating them, the label is communicated to the owners of the premises before they 
decide to accept the installation of the appliance ; 
(d) any visual advertisement  for a specific model of a refrigerating appliance with a 
direct sales function , including on the internet,  contains the energy efficiency class  
and the range of efficiency classes available on the label , in accordance with 
Annex  VII; 
(e) any technical promoti onal material concerning a specific model of a refrigerating 
appliance with a direct sales function , including technical promotional material on 
the internet , which describes its specific technical parameters includes the energy 
efficiency class of that model  and the range of energy efficiency classes available on 
the label , in accordance with Annex  VII. 
Article 5  
Obligations of internet hosting platforms  
Where a hosting service provider as referred to in Article 14 of Directive 2000/31/EC allows 
the sell ing of refrigerating appliances with a direct sales function  through its internet site, the 
service provider shall enable the showing of the electronic label and electronic product fiche 
sheet provided by the dealer on the display mechanism , in accordan ce with the provisions of 
Annex  VIII, and shall inform the dealer of the obligation to display them.   
EN 16  EN Article  6 
Measurement methods  
The information to be provided pursuant to Articles  3 and  4 shall be obtained by reliable, 
accurate and reproducible measurement  and calculation methods, which take into account the 
recognised state -of-the-art measurement and calculation methods, set out i n Annex  IV. 
Article 7 
Verification procedure for market surveillance purposes  
Member States shall apply the verification procedu re laid down in Annex  IX when 
performing the market surveillance checks , referred to in point  3 of Article  8 of Regulation 
(EU)  2017/1369 . 
Article  8 
Review  
The Commission shall review this Regulation in the light of technological progress and 
present the r esults  of this assessment , including, if appropriate, a draft revision proposal,  of 
this review to the Consultation Forum no later than [OP- please insert date: five years after 
its entry into force of the present regulation] . The review shall in particular assess the energy 
efficiency classes  and the possibility to introduce requirements on circular economy . 
Article  9 
Entry into force and application  
This Regulation shall enter into force on the twentie th day following  that o f its publication in 
the Official Journal of the European Union.  
It shall apply from 1 September  2020 . 
This Regulation shall be binding in its entirety and directly applicable in all Member States.  
Done at Brussels,  
 For the Commission  
 Jean-Claude JUNCKER  
 The President