COMMISSION DELEGATED REGULATION (EU) 2019/2016

of 11 March 2019

supplementing Regulation (EU) 2017/1369 of the European Parliament and of the Council with regard to energy labelling of refrigerating appliances and repealing Commission Delegated Regulation (EU) No 1060/2010

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to 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/EU (1), and in particular Article 11(5) and Article 16(1) 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) Provisions on the energy labelling of household refrigerating appliances were established by Commission Delegated Regulation (EU) No 1060/2010 (2).

(3) The Communication from the Commission COM(2016) 773 (3) (ecodesign working plan) established by the Commission in application of Article 16(1) of Directive 2009/125/EC of the European Parliament and of the Council (4) sets out the working priorities under the ecodesign and energy labelling framework for the period 2016-2019. The ecodesign working plan identifies the energy-related product groups to be considered as priorities for the undertaking of preparatory studies and eventual adoption of implementing measures, as well as the review of Commission Regulation (EC) No 643/2009 (5) and Delegated Regulation (EU) No 1060/2010.

(4) Measures from the ecodesign working plan have an estimated potential to deliver in 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 is one of the product groups listed in the ecodesign working plan, with an estimated 10 TWh of annual final energy savings in 2030.

(5) Household refrigerating appliances are among the product groups mentioned in Article 11(5)(b) of Regulation (EU) 2017/1369 for which the Commission should adopt a delegated act introducing an A to G rescaled label.

(6) Delegated Regulation (EU) No 1060/2010 requires the Commission to review the Regulation on a regular basis in light of technological progress.

(7) The Commission has reviewed Delegated Regulation (EU) No 1060/2010 as required by its Article 7 and analysed the technical, environmental and economic aspects of refrigerating appliances as well as real-life user behaviour. The review was carried out in close cooperation with stakeholders and interested parties from the Union and third countries. The results of the review were made public and presented to the Consultation Forum established by Article 14 of Regulation (EU) 2017/1369.

(8) The review concluded that there was a need to introduce revised energy labelling requirements for refrigerating appliances.

(9) The review concluded that the electricity use of products subject to this Regulation can be further significantly reduced by implementing energy label measures focusing on refrigerating appliances.

(10) Refrigerating appliances with a direct sales function should be subject to a separate energy labelling regulation.

(11) Chest freezers, including professional chest freezers, should be in the scope of this Regulation, as they are out of the scope of the Commission Delegated Regulation (EU) 2015/1094 (6) and can be used in other environments than professional environments.

(12) Wine storage appliances and low noise refrigerating appliances (such as minibars), including those with transparent doors, do not have a direct sales function. Wine storage appliances are usually either used in household environments or in restaurants, whereas minibars are usually used in hotel rooms. Therefore, wine storage appliances and minibars, including those with transparent doors should be covered by this Regulation.

(13) Refrigerating appliances that are displayed at trade fairs should bear the energy label if the first unit of the model has already been placed on the market or is placed on the market at the trade fair.

(14) The electricity used by household refrigerating appliances accounts for a significant share of total household electricity demand in the Union. In addition to the energy efficiency improvements already achieved, the scope for further reducing the energy consumption of household refrigerating appliances is substantial.

(15) The review has shown that the electricity consumption of products subject to this Regulation can be further reduced significantly by implementing energy label measures focusing on energy efficiency and annual energy consumption. In order for end-users to make an informed decision, information on airborne acoustical noise and the compartment types should also be included.

(16) The relevant product 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 standardisation bodies, as listed in Annex I to Regulation (EU) No 1025/2012 of the European Parliament and of the Council (7).

(17) To improve the effectiveness of this Regulation, products that automatically alter their performance in test conditions to improve the declared parameters should be prohibited.

(18) Recognising the growth of sales of energy-related products through internet hosting platforms, rather than directly from suppliers' websites, it should be clarified that internet sales platforms should be responsible for enabling the displaying of the label provided by the supplier in proximity to the price. They should inform the supplier of that obligation, but should not be responsible for the accuracy or content of the label and the product information sheet provided. However, in application of Article 14(1)(b) of Directive 2000/31/EC of the European Parliament and of the Council (8) on electronic commerce, such internet hosting platforms should act expeditiously to remove or to disable access to information about the product in question if they are aware of the non-compliance (e.g. missing, incomplete or incorrect label or product information sheet) for example if informed by the market surveillance authority. A supplier selling directly to end-users via its own website is covered by dealers' distance selling obligations referred to in Article 5 of Regulation (EU) 2017/1369.

(19) The measures provided for in this Regulation were discussed by the Consultation Forum and the Member State experts in accordance Article 14 of Regulation (EU) 2017/1369.

(20) Delegated Regulation (EU) No 1060/2010 should therefore be repealed,

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 volume of more than 10 litres and of less than or equal to 1 500 litres. 2. This Regulation does not apply to: (a) professional refrigerated storage cabinets and blast cabinets, with the exception of professional chest freezers; (b) refrigerating appliances with a direct sales function; (c) mobile refrigerating appliances; (d) appliances where the primary function is not the storage of foodstuffs through refrigeration.

Article 2 Definitions For the purpose of this Regulation, the following definitions shall apply: (1) ‘mains’ or ‘electric mains’ means the electricity supply from the grid of 230 (± 10 %) volt of alternating current at 50 Hz; (2) ‘refrigerating appliance’ means an insulated cabinet with one or more compartments that are controlled at specific temperatures, cooled by natural or forced convection whereby the cooling is obtained by one or more energy consuming means; (3) ‘compartment’ means an enclosed space within a refrigerating appliance, separated from other compartment(s) by a partition, container, or similar construction, which is directly accessible through one or more external doors 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; (4) ‘external door’ is the part of a cabinet that can be moved or removed to at least allow the load to be moved from the exterior to the interior or from the interior to the exterior of the cabinet; (5) ‘sub-compartment’ means an enclosed space in a compartment having a different operating temperature range from the compartment in which it is located; (6) ‘total volume’ (V) means the volume of the space within the inside liner of the refrigerating appliance, equal to the sum of the compartment volumes, expressed in dm3 or litres; (7) ‘compartment volume’ (Vc ) means the volume of the space within the inside liner of the compartment, expressed in dm3 or litres; (8) ‘professional refrigerated storage cabinet’ means an insulated refrigerating appliance integrating one or more compartments accessible via one or more doors or drawers, capable of continuously maintaining the temperature of foodstuffs within prescribed limits at chilled or frozen operating temperature, using a vapour compression cycle, and used for the storage of foodstuffs in non-household environments but not for the display to or access by customers, as defined in Commission Regulation (EU) 2015/1095 (9); (9) ‘blast cabinet’ means an insulated refrigerating appliance primarily intended to rapidly cool hot foodstuffs to below 10 °C in the case of chilling and below - 18 °C in the case of freezing, as defined in Regulation (EU) 2015/1095; (10) ‘professional chest freezer’ means a freezer in which the compartment(s) is accessible from the top of the appliance or which has both top-opening type and upright type compartments but where the gross volume of the top-opening type compartment(s) exceeds 75 % of the total gross volume of the appliance, used for the storage of foodstuffs in non-household environments; (11) ‘freezer’ means a refrigerating appliance with only 4-star compartments; (12) ‘freezer compartment’ or ‘4-star compartment’ means a frozen compartment with a target temperature and storage conditions of - 18 °C and which fulfils the requirements for the freezing capacity; (13) ‘frozen compartment’ means a compartment type with a target temperature equal to or below 0 °C; that is a 0-star, 1-star, 2-star, 3-star or 4-star compartment, as set out in Annex IV, Table 3; (14) ‘compartment type’ means the declared compartment type in accordance with the refrigerating performance parameters Tmin, Tmax, Tc and others set out in Annex IV, Table 3; (15) ‘target temperature’ (Tc) means the reference temperature inside a compartment during testing, as set out in Annex IV, Table 3, and is the temperature for testing energy consumption expressed as the average over time and over a set of sensors; (16) ‘minimum temperature’ (Tmin) means the minimum temperature inside a compartment during storage testing, as set out in Annex IV, Table 3; (17) ‘maximum temperature’ (Tmax) means the maximum temperature inside a compartment during storage testing, as set out in Annex IV, Table 3; (18) ‘0-star compartment’ and ‘ice-making compartment’ means a frozen compartment with a target temperature and storage conditions of 0 °C, as set out in Annex IV, Table 3; (19) ‘1-star compartment’ means a frozen compartment with a target temperature and storage conditions of - 6 °C, as set out in Annex IV, Table 3; (20) ‘2-star compartment’ means a frozen compartment with a target temperature and storage conditions of - 12 °C, as set out in Annex IV, Table 3; (21) ‘3-star compartment’ means a frozen compartment with a target temperature and storage conditions of - 18 °C, as set out in Annex IV, Table 3; (22) ‘refrigerating appliance with a direct sales function’ means a refrigerating appliance used for the functions of displaying and selling items at specified temperatures below the ambient temperature to customers, accessible directly through open sides or via one or more doors, or drawers, or both, including also cabinets with areas used for storage or assisted serving of items not accessible by the customers and excluding minibars and wine storage appliances, as defined in Commission Regulation (EU) 2019/2024 (10); (23) ‘minibar’ means a refrigerating appliance with a total volume of maximum 60 litres, which is primary intended for the storage and sales of foodstuffs in hotel rooms and similar premises; (24) ‘wine storage appliance’ means a dedicated refrigerating appliance for the storage of wine, with precision temperature control for the storage conditions and target temperature of a wine storage compartment, as defined in Annex IV, Table 3, and equipped with anti-vibration measures; (25) ‘dedicated refrigerating appliance’ means a refrigerating appliance with only one type of compartment; (26) ‘wine storage compartment’ means an unfrozen compartment with a target temperature of 12 °C, an internal humidity range from 50 % to 80 % and storage conditions ranging from 5 °C to 20 °C, as defined in Annex IV, Table 3; (27) ‘unfrozen compartment’ means a compartment type with a target temperature equal to or above 4 °C; that is a pantry, wine storage, cellar or fresh food compartment with storage conditions and target temperatures, as set out in Annex IV, Table 3; (28) ‘pantry compartment’ means an unfrozen compartment with a target temperature of 17 °C and storage conditions ranging from 14 °C to 20 °C, as set out in Annex IV, Table 3; (29) ‘cellar compartment’ means an unfrozen compartment with a target temperature of 12 °C and storage conditions ranging from 2 °C to 14 °C, as set out in Annex IV, Table 3; (30) ‘fresh food compartment’ means an unfrozen compartment with a target temperature of 4 °C and storage conditions ranging from 0 °C and 8 °C, as set out in Annex IV, Table 3; (31) ‘mobile refrigerating appliance’ means a refrigerating appliance that can be used where there is no access to the mains electricity grid and that uses extra low-voltage electricity (< 120V DC) or fuel or both as the energy source for the refrigeration functionality, including a refrigerating appliance that, in addition to extra low voltage electricity or fuel, or both, can be electric mains operated. An appliance placed on the market with an AC/DC converter is not a mobile refrigerating appliance; (32) ‘foodstuffs’ means food, ingredients, beverages, including wine, and other items primarily used for consumption which require refrigeration at specified temperatures; (33) ‘point of sale’ means a location where refrigerating appliances are displayed or offered for sale, hire or hire-purchase; (34) ‘built-in appliance’ means a refrigerating appliance that is designed, tested and marketed exclusively: (a) to be installed in cabinetry or encased (top, bottom and sides) by panels; (b) to be securely fastened to the sides, top or floor of the cabinetry or panels; and (c) to be equipped with an integral factory-finished face or to be fitted with a custom front panel; (35) ‘energy efficiency index’ (EEI) means an index number for the relative energy efficiency of a refrigeration appliance, expressed in percentage, as set out in point 5 of Annex IV. For the purposes of the Annexes, additional definitions are set out in Annex I.

Article 3 Obligations of suppliers 1. Suppliers shall ensure that: (a) each refrigerating appliance 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 specifically requested by the dealer, the product information sheet shall be made available in printed form; (d) the content of the technical documentation, set out in Annex VI, is entered into the product database; (e) any visual advertisement for a specific model of refrigerating appliances contains the energy efficiency class and the range of energy efficiency classes available on the label in accordance with Annex VII and Annex VIII; (f) any technical promotional material concerning a specific model of refrigerating appliances, 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; (g) an electronic label in the format and containing the information, as set out in Annex III, is made available to dealers for each refrigerating appliance model; (h) an electronic product information sheet, as set out in Annex V, is made available to dealers for each refrigerating appliance 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, at the point of sale, including at trade fairs, bears the label provided by suppliers in accordance with point 1(a) of Article 3, with the label being displayed for built-in appliances in such a way as to be clearly visible, and for all other refrigerating appliances in such a way as to be clearly visible on the outside of the front or top of the refrigerating appliance; (b) in the event of distance selling, the label and product information sheet are provided in accordance with Annexes VII and VIII; (c) any visual advertisement for a specific model of refrigerating appliance, including on the internet, contains the energy efficiency class and the range of energy efficiency classes available on the label, in accordance with Annex VII; (d) any technical promotional material concerning a specific model of refrigerating appliance, 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 direct selling of refrigerating appliances through its internet site, the service provider shall enable the showing of the electronic label and electronic product information sheet provided by the dealer on the display mechanism in accordance with the provisions of Annex VIII and shall inform the dealer of the obligation to display them.

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 in Annex IV.

Article 7 Verification procedure for market surveillance purposes Member States shall apply the verification procedure laid down in Annex IX when performing the market surveillance checks referred to in paragraph 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 results of this assessment, including, if appropriate, a draft revision proposal, of this review to the Consultation Forum no later than 25 December 2025. This review shall, among other matters, assess the possibility to: (a) address circular economy aspects; (b) introduce icons for compartments that may help reduce food waste; and (c) introduce icons for the annual energy consumption.

Article 9 Repeal Delegated Regulation (EU) No 1060/2010 is repealed as of 1 March 2021.

Article 10 Transitional measures As from 25 December 2019 until 28 February 2021, the product fiche required under point 1(b) of Article 3 of Delegated Regulation (EU) No 1060/2010 may be made available through the product database instead of being provided in printed form with the product. In that case the supplier shall ensure that if specifically requested by the dealer, the product fiche shall be made available in printed form.

Article 11 Entry into force and application This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 1 March 2021. However, Article 10 shall apply from 25 December 2019 and point 1(a), (b) and (c) of Article 3 shall apply from 1 November 2020.

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 11 March 2019. For the Commission The President Jean-Claude JUNCKER

(1) OJ L 198, 28.7.2017, p. 1.

(2) 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).

(3) Communication from the Commission. Ecodesign working plan 2016-2019 COM(2016) 773 final, 30.11.2016.

(4) 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).

(5) Commission Regulation (EC) No 643/2009 of 22 July 2009 implementing Directive 2005/32/EC of the European Parliament and of the Council with regard to ecodesign requirements for household refrigerating appliances (OJ L 191, 23.7.2009, p. 53).

(6) Commission Delegated Regulation (EU) 2015/1094 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 (OJ L 177, 8.7.2015, p. 2).

(7) Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p. 12).

(8) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1).

(9) 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 ecodesign requirements for professional refrigerated storage cabinets, blast cabinets, condensing units and process chillers (OJ L 177, 8.7.2015, p. 19).

(10) Commission Regulation (EU) 2019/2024 of 1 October 2019 laying down ecodesign requirements for refrigerating appliances with a direct sales function pursuant to Directive 2009/125/EC of the European Parliament and of the Council (see page 313 of this Official Journal).