WRITTEN QUESTION E-3260/97 by Clive Needle (PSE) to the Commission (20 October 1997)

Subject: Fridge/Freezer Safety

Combined fridge/freezers operated by a single control are only designed to operate in ambient temperatures of above 10°C.

The British Standards Institute, the UK Consumers' Association and the Consumers in Europe Group are all concerned about this and feel that consumers are not made sufficiently aware of its implications when choosing an appliance.

If a fridge/freezer automatically switches off while the owner is absent, during the winter, for example, when temperatures often fall below 10°C, and then switches back on when the temperature rises, the food within it could thaw and then refreeze without the owner being aware of it. In addition, the owner would not ben entitled to payment by their insurers as the appliance would not be deemed faulty. This has been proven in a UK case.

Is the Commission aware of this problem? What does the Commission consider are the food safety implications? What requests has it made to Cenelec to consider this issue?

Supplementary answer given by Mr Bangemann on behalf of the Commission (9 March 1998)

Further to its answer of 25 November 1997 ((OJ C 117, 16.4.1998, p. 167. )), the Commission can inform the Honourable Member that combined refrigerators and freezers are appliances falling within the scope of Directive 73/23/EEC (low voltage) on the harmonisation of the laws of the Member States relating to electrical equipment designed for use within certain voltage limits ((OJ L 77, 26.3.1973. )).

The low voltage Directive covers a very wide range of safety aspects of electrical equipment including electrical risks, but also mechanical, chemical, radiation and other risks. The Directive aims to ensure that only equipment in conformity with the stated safety requirements is placed on the Community market. However, concerning the case in question, the low voltage Directive does not apply to indirect risks related to possible effects of the operating characteristics of a combined refrigerator and freezer on the quality of food stored.

Whereas no technical harmonisation Community legislation therefore applies specifically to the issue considered, the general obligation to place on the market only safe products, established by Directive 92/59/EEC on the general product safety ((OJ L 228, 11.8.1992. )), does cover also such issue. According to Directive 92/59/EEC the safety of a consumer product shall, in the absence of specific European or national rules, be assessed having regard to voluntary European standards or, failing these, to a number of other enumerated parameters including the safety which consumers may reasonably expect.

Voluntary European standards (EN 28187 and EN 27371, based on international standards ISO 7371 and ISO 8187) partially take into consideration the problem. According to information provided by industry, these standards call for the verification of the correct operation of refrigerators and combined refrigerators and freezers, also at a minimum ambient temperature of 10°C. This applies to appliances rated for 'Extended temperate' climate class, which is the typical class for countries where, even exceptionally, these ambient temperatures can be reached. In addition it is required to give precise indications in the instructions for use as to 'the limit values of the range of ambient temperatures for which the appliance is designed and the fact that the internal temperatures may be affected by such factors as ..., ambient temperature'.

These standards were prepared by the European standardisation committee (CEN), in particular its technical committee TC 44. The Commission intends to invite the TC 44 of CEN to review in 1998 the standards in the light of the concerns expressed about possible risks due to food deterioration under particular conditions.