COMMON POSITION (EC) No 15/96 adopted by the Council on 11 March 1996 with a view to adopting Directive 96/.../EC of the European Parliament and of the Council of ... on energy efficiency requirements for household electric refrigerators, freezers and combinations thereof
Date: 1996-03-11
Institutions: Council of the European Union
Subjects: European standard, energy consumption, energy saving, household electrical appliance, marketing standard, technical standard













EUR-Lex - 51996AG0424(02) - EN






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51996AG0424(02)

COMMON POSITION (EC) No 15/96 adopted by the Council on 11 March 1996 with a view to adopting Directive 96/.../EC of the European Parliament and of the Council of ... on energy efficiency requirements for household electric refrigerators, freezers and combinations thereof  


Official Journal C 120 , 24/04/1996 P. 0010 





COMMON POSITION (EC) No 15/96adopted by the Council on 11 March 1996with  a view to adopting Directive 96/. . ./EC of the European Parliament and of the Council of . . . on  energy efficiency requirements for household electric refrigerators, freezers and combinations  thereof(96/C 120/02)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN  UNION, Having regard to the Treaty establishing the European Community and in particular Article 100a  thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the Economic and Social Committee (2), Acting in accordance with the procedure laid down in Article 189b of the Treaty (3), Whereas it is important to promote measures aimed at the proper functioning of the internal  market; Whereas in its Resolution of 15 January 1985 on the improvement of energy-saving programmes in the  Member States (4) the Council invited the Member States to pursue and, where necessary, increase  their efforts to promote the more rational use of energy by the further development of integrated  energy-saving policies; Whereas household refrigeration appliances account for a significant share of domestic electricity  consumption in the Community and thus of total electricity consumption; whereas the various models  of refrigeration appliances available on the Community market have very different levels of  consumption for a given volume and similar features, i.e. extremely variable energy efficiency; Whereas some Member States are on the point of adopting provisions relating to the efficiency of  household refrigerators and freezers, of such a nature as to create barriers to trade in these  products in the Community; Whereas it is appropriate to take as a base a high level of protection in proposals for the  approximation of the provisions laid down by law, regulation or administrative action in Member  States concerning health, safety, environmental protection and consumer protection; whereas this  Directive ensures a high level of protection for both the environment and the consumer, in aiming  at a significant improvement of the energy efficiency of these appliances; Whereas the adoption of such measures falls within Community competence; whereas the requirements  of this Directive are within the limits of its objectives, thus conforming to the requirements of  Article 3b of the Treaty; Whereas, moreover, Article 130r of the Treaty calls for the protection and improvement of the  environment and prudent and rational utilization of natural resources, these two objectives being  among those of the Community policy on the environment; whereas electricity generation and use  account for 30 % of man-made carbon dioxide (CO2) emissions and some 35 % of primary energy use in  the Community; whereas these percentages are increasing; Whereas, furthermore, Council Decision 89/364/EEC of 5 June 1989 on a Community action programme  for improving the efficiency of electricity use (5) has as its twin objectives to encourage  consumers to favour appliances and equipment with high electrical efficiency and to improve the  efficiency of appliances and equipment; Whereas in its conclusions of 29 October 1990 the Council set an objective of stabilizing carbon  dioxide (CO2) emissions in the Community at 1990 levels by the year 2000 and whereas in order to  achieve this objective stronger measures are required to stabilize CO2 emissions within the  Community; Whereas Decision 91/565/EEC (6) established a programme to support and further promote energy  efficiency in the Community (the SAVE programme); Whereas the energy efficiency measures incorporated in the most up-to-date models of refrigeration  appliances available do not increase their production costs excessively and can pay for their  initial cost through electricity savings within a few years at most; whereas this calculation does  not take into account the added benefit of the external costs of electricity generation thereby  avoided, such as emissions of carbon dioxide (CO2) and other pollutants; Whereas the 'natural' gain in energy efficiency due to market pressures and improved production  processes, estimated at around 2 % per year, will contribute to efforts to achieve stricter energy  consumption standards; Whereas Directive 92/75/EEC (1) (the framework Directive and Commission Directive 94/2/EC (2) (the  Directive applying Directive 92/75/EEC) which require the compulsory labelling of appliances and an  indication in other forms of the energy consumption will increase consumers' awareness of the  energy efficiency of household refrigeration appliances; whereas this measure will therefore also  encourage the diverse competitors to offer a level of energy efficiency for their appliances higher  than the standards required by this Directive; whereas, however, the provision of information to  consumers must nevertheless be accompanied by an indication of the standards in order to achieve  full benefit and must lead to a real improvement in the total average efficiency of the appliances  sold; Whereas this Directive, which is aimed at eliminating technical barriers with regard to improving  the energy efficiency of household refrigeration appliances, must follow the 'new approach'  established by the Council Resolution of 7 May 1985 on a new approach to technical harmonization  and standards (3) which specifically lays down that legislative harmonization is limited to the  adoption, by means of directives, of the essential requirements with which products put on the  market must conform; Whereas an effective enforcement system is necessary to ensure that the Directive is implemented  properly, guarantee fair conditions of competition for producers and protect consumer rights; Whereas regard should be had to Decision 93/465/EEC (4) which concerns the procedures for  conformity assessment intended to be used in the technical harmonization directives; Whereas in the interest of international trade, international standards should be used wherever  appropriate; whereas the electricity consumption of a refrigeration appliance is defined by the  European Committee for Standardization Standard EN 153 of May 1990 which is based on an  international standard; Whereas household refrigeration appliances complying with the energy efficiency requirements of  this Directive should bear the 'CE' marking and associated information, in order to enable them to  move freely; Whereas this Directive is confined to household refrigeration appliances for foodstuffs, supplied  by mains electricity, excluding those manufactured on a one-off basis; whereas refrigeration  equipment for commercial use is much more varied and not appropriate for inclusion in this  Directive, HAVE ADOPTED THIS DIRECTIVE: Article 1This Directive shall apply to new electric mains operated household  refrigerators, frozen food storage cabinets, food freezers, and combinations of these as defined in  Annex I and referred to hereafter as 'refrigeration appliances'. Appliances which can also use  other energy sources, particularly accumulators, and household refrigeration appliances working on  the absorption principle and appliances manufactured on a one-off basis shall be excluded. Article 21. Member States shall take all necessary measures to ensure that refrigeration  appliances covered by this Directive can be placed on the Community market only if the electricity  consumption of the appliance in question is less than or equal to the maximum allowable electricity  consumption value for its category as calculated according to the procedures defined in Annex I. 2. The manufacturer of a refrigeration appliance covered by this Directive, his authorized  representative established in the Community or the person responsible for placing the appliance on  the Community market shall be responsible for ensuring that each appliance placed on the market  conforms with the requirement referred to in paragraph 1. Article 31. Member States may not prohibit, restrict or impede the placing on the market in  their territory of refrigeration appliances which bear the 'CE' marking attesting to their  conformity with all the provisions of this Directive. 2. Unless they have evidence to the contrary, Member States shall presume that refrigeration  appliances bearing the 'CE' marking required under Article 5 comply with all the provisions of this  Directive. 3. (a) Where refrigeration appliances are subject to other Directives concerning other aspects  which also provide for the affixing of the 'CE' marking, the latter shall indicate that the  refrigeration appliances in question are also presumed, unless evidence to the contrary exists, to  conform to the provisions of those other Directives. (b) However, where one or more of those Directives allows the manufacturer, during a transitional  period, to choose which rules to apply, the 'CE' marking shall indicate solely conformity with the  provisions of those Directives applied by the manufacturer. In that case, the reference numbers of  the Directives applied, as published in the Official Journal of the European Communities, must be  given in the documents, notices or instructions accompanying the refrigeration appliances. Article 4The conformity assessment procedures and the obligations relating to the 'CE' marking  of refrigeration appliances are laid down in Annex II. Article 51. When appliances are placed on the market, they must bear the 'CE' marking, which  shall consist of the initials 'CE'. The form of the marking to be used is shown in Annex III. The  'CE' marking shall be affixed distinctly, visibly and indelibly to refrigeration appliances and,  where appropriate, to the packaging. 2. The affixing on refrigeration appliances of any markings which are likely to mislead third  parties as to the meaning and form of the 'CE' marking shall be prohibited. Any other marking may  be affixed to the appliances, their packaging, the instruction sheet or other documents, provided  that the 'CE' marking is visible and legible. Article 61. Where a Member State establishes that the 'CE' marking has been affixed incorrectly,  the manufacturer or his authorized representative established in the Community shall be obliged to  bring the product into conformity and to end the breach of the conditions imposed by the Member  State. Where neither the manufacturer nor his authorized representative is established within the  Community, the person who places the refrigeration appliance on the Community market shall  undertake these obligations. 2. Where the product continues not to be in conformity, the Member State shall take all necessary  measures pursuant to Article 7 to restrict or prohibit the placing on the market of the product in  question or to ensure that it is withdrawn from the market. Article 71. Any decision taken pursuant to this Directive which contains a restriction on the  placing on the market of refrigeration appliances shall state the precise grounds on which it is  based. The party concerned shall be notified without delay of the decision and shall be informed at  the same time of the possibilities and time limits regarding the legal remedies available to it  under the laws in force in the Member States in question. 2. The Member State shall immediately inform the Commission of any such measure, indicating the  reasons for its decision. The Commission shall make this information known to the other Member  States. Article 8Before the expiry of a period of four years from the adoption of this Directive, the  Commission shall make an assessment of the results obtained as compared with those expected. With a  view to advancing to a second stage in energy efficiency improvement, the Commission shall then  consider, in consultation with interested parties, the need to lay down a second set of appropriate  measures for improving the energy efficiency of household refrigeration appliances. In that case,  each energy efficiency measure and the date of its entry into force will be based on energy  efficiency levels which can be economically and technically justified in the light of the  circumstances at the time. Any other measure judged appropriate to improve the efficiency of  household refrigeration appliances shall also be considered. Article 91. Member States shall adopt and publish the laws, regulations and administrative  provisions necessary to comply with this Directive within a year of its adoption. They shall inform  the Commission thereof. Member States shall apply these provisions on the expiry of a period of three years counting from  the date of adoption of this Directive. When Member States adopt these provisions, these shall contain a reference to this Directive or  shall be accompanied by such reference at the time of their official publication. The procedure for  such reference shall be adopted by Member States. 2. Member States shall communicate to the Commission the texts of the provisions of national law  which they adopt in the field covered by this Directive. 3. During a three-year period following adoption of this Directive, Member States shall permit the  placing on the market of refrigeration appliances which comply with the same conditions as those  which were applied on their territory at the date of adoption of this Directive. Article 10This Directive shall enter into force on the 20 day following that of its publication  in the Official Journal of the European Communities. Article 11This Directive is addressed to the Member States. Done at Brussels, . . . For the European ParliamentThe PresidentFor the CouncilThe President(1) OJ  No C 390, 31. 12. 1994, p. 30. (2) OJ No C 155, 21. 6. 1995, p. 18. (3) Opinion of the European Parliament of 26 October 1995 (OJ No C 308, 20. 11. 1995), Council  Common Position of 11 March 1995 (not yet published in the Official Journal) and Decision of the  European Parliament of . . . (not yet published in the Official Journal). (4) OJ No C 20, 22. 1. 1985, p. 1. (5) OJ No L 157, 9. 6. 1989, p. 32. (6) OJ No L 307, 8. 11. 1991, p. 34. (1) OJ No L 297, 13. 10. 1992, p. 16. (2) OJ No L 45, 17. 2. 1994, p. 1. (3) OJ No C 136, 4. 6. 1985, p. 1. (4) OJ No L 220, 30. 8. 1993, p. 23. ANNEX I Method for calculating the maximum allowable electricity consumption of a  refrigeration appliance and procedure for checking compliance The electricity consumption of a  refrigeration appliance (which may expressed in kWh per 24 hours) is a function of the category of  appliance to which it belongs (e.g. 1-star refrigerator, chest freezer, etc.), its volume and the  energy efficiency of its construction, (thickness of insulation, compressor efficiency, etc.) and  the difference between ambient temperature and the temperature inside the appliance. In setting  energy efficiency standards therefore, allowance must be made for the main endogenous factors which  influence energy consumption (i.e. the category of the appliance and its volume). For this reason  the maximum allowable electricity consumption of a refrigeration appliance is defined by a linear  equation which is a function of the volume of the appliance, with different equations laid down for  each category of appliance. To calculate the maximum allowable electricity consumption of a given appliance, it must therefore  first be allocated to the appropriate category from the following list: >TABLE>Because refrigeration appliances contain different compartments maintained at  different temperatures, (which will significantly influence electricity consumption), maximum  allowable electricity consumption is defined in practice as a function of the adjusted volume,  which is the weighted sum of the volumes of the different compartments. Thus, for the purposes of this Directive, the adjusted volume (Vadj) of a refrigeration appliance  is defined as: Vadj = Ó Vc × Wc × Fc × CcWc =  >NUM>(25 - Tc) / >DEN> 20 , Where Tc is the design temperature in each compartment (in °C), Where Vc is the net volume of a given type of compartment in the appliance and Fc is a factor which  equals 1,2 for no frost compartments and 1 for other compartments. Cc = 1for refrigeration appliances belonging to the normal (N) and subnormal (SN) climate  classesCc = Xc for refrigeration appliances belonging to the sub-tropical (ST) climate classCc =  Yc for refrigeration appliances belonging to the tropical (T) climate class. The weighting coefficients Xc and Yc for the different types of compartment are: >TABLE>Both the adjusted volume and the net volume are expressed in litres. The maximum allowable electricity consumption (Emax expressed in kWh per 24 hours calculated to two  decimal places), for an appliance type with adjusted volume Vadj is defined by the following  equations for each appliance category: >TABLE>For refrigerators/freezers with more than two doors, or other appliances not  covered above, the maximum allowable electricity consumption (Emax) is determined by the  temperature and the star rating of the compartment with the lowest temperature, as follows: >TABLE>Test procedures for checking whether an appliance complies with the electricity  consumption requirements of this Directive If the electricity consumption of a refrigeration  appliance submitted for verification is less than or equal to Emax (the maximum allowable  electricity consumption value for its category, as defined above), plus 15 %, the appliance is  certified as conforming to the electricity consumption requirements of this Directive. If the  electricity consumption of the appliance is greater than Emax plus 15 %, the electricity  consumption of a further three appliances must be measured. If the arithmetic mean of the  electricity consumptions of these three appliances is less than or equal to Emax plus 10 %, the  appliance is certified as conforming to the electricity consumption requirements of this Directive.  If the arithmetic mean exceeds Emax plus 10 %, the appliance must be judged not to conform to the  electricity consumption of this Directive. Definitions The terms used in this Annex correspond to the definitions in European Standard EN  153 of May 1990 laid down by the European Committee for Standardization. ANNEX II Conformity assessment procedures (Module A) 1. This module describes the  procedure whereby the manufacturer or his authorized representative established within the  Community, who carries out the obligations laid down in point 2, ensures and declares that the  refrigeration appliance satisfies the relevant requirements of this Directive. The manufacturer  must affix the 'CE' marking to each refrigeration appliance which he manufactures and draw up a  written declaration of conformity. 2. The manufacturer must establish the technical documentation described in paragraph 3 and he or  his authorized representative established within the Community must keep it at the disposal of the  relevant national authorities for inspection purposes for a period of not less than three years  from the date on which the last appliance has been manufactured. Where neither the manufacturer nor his authorized representative is established within the  Community, the obligation to keep the technical documentation available is the responsibility of  the person who places the refrigeration appliance on the Community market. 3. Technical documentation must enable the conformity of the refrigeration appliance with the  requirements of this Directive to be assessed. It must, as far as relevant for such assessment,  cover the design, manufacture and operation of the refrigeration appliance and comprise: (i) the name and the address of the manufacturer; (ii) a general description of the model sufficient for unambiguous identification; (iii) information, including drawings as relevant, on the main design features of the model and in  particular on items which appreciably affect its electricity consumption, such as dimensions,  volume(s), compressor characteristics, special features, etc.; (iv) the operating instructions, if any; (v) reports of electricity consumption measurement tests carried out as required by point 5; (vi) details of the conformity of these measurement tests as compared to the energy consumption  requirements set out in Annex I. 4. Technical documentation established for other Community legislation may be used insofar as it  meets the requirements of this Annex. 5. Manufacturers of refrigeration appliances are responsible for establishing the electricity  consumption of each refrigeration appliance covered by this Directive according to the procedures  specified in European Standard EN 153, as well as the appliance's conformity with the requirements  of Article 2. 6. The manufacturer or his authorized representative must keep a copy of the declaration of  conformity with the technical documentation. 7. The manufacturer must take all measures necessary in order that the manufacturing process  ensures that the manufactured refrigeration appliances comply with the technical documentation  referred to in point 2 and with the relevant requirements of the Directive. ANNEX III 'CE' conformity marking The conformity marking shall consist of the initials  'CE' taking the following form: XTB:CECECE0100If the marking is reduced or enlarged the proportions given in the above graduated  drawing must be respected. The various components of the 'CE' marking must have substantially the same vertical dimension,  which may not be less than 5 mm. STATEMENT OF THE COUNCIL'S REASONS I. INTRODUCTION 1. On 18 January 1995 the Commission  submitted to the Council a proposal for a Directive of the European Parliament and of the Council  on energy efficiency requirements for household electric refrigerators, freezers and combinations  thereof, based on Article 100a of the EC Treaty. 2. The European Parliament delivered its first-reading opinion on 26 October 1995. The Economic and  Social Committee's opinion was delivered on 27 April 1995. On 8 December 1995 the Commission submitted an amended proposal to the Council. 3. At its meeting on 11 March 1996, the Council adopted its common position in accordance with  Article 189b of the Treaty. II. OBJECTIVE 4. The purpose of the proposed Directive is to set minimum energy efficiency  standards for household refrigeration appliances and in this way help reduce CO2 emissions. The proposal forms part of the SAVE programme. III. THE COMMON POSITION 5. The Council accepted most of the European Parliament amendments  included by the Commission in its amended proposal. It accepted, word for word or in substance, the  following amendments: - Amendment 2The Council accepted the European Parliament amendment in substance. - Amendment 3The Council accepted the European Parliament amendment word for word. - Amendment 4The Council accepted the European Parliament amendment word for word. 6. The Council accepted the following amendment not included in the Commission's amended proposal: - Amendment 5In the light of the European Parliament amendment, the Council deleted Article 3 (3).  On the other hand, the Council inserted a new wording with regard to the safeguard clause as  provided for under the new approach laid down in the Council Resolution of 7 May 1985 (1). 7. The Council did not, however, accept the following amendment which did appear in the  Commission's amended proposal: - Amendment 10The Council did not accept this European Parliament amendment, taking the view that  the period set in the common position (three years) was the minimum required by Member States for  the implementation of the Directive and the transitional period. 8. In the light of the Commission's amended proposal, the Council did not accept amendments 1, 6,  7, 8, 9, 12, 13 and 14. 9. In the case of Amendment 11, bearing in mind the European Parliament's position, the Council  believes that the amendments made by the Commission to the technical coefficients in its amended  proposal, representing a significant improvement in the energy efficiency of refrigeration  appliances compared with the original Commission proposal, might meet the European Parliament's  concern. In addition, the Council considers that the introduction of coefficients for subtropical and  tropical refrigeration appliances is technically justified and will not lead to distortion of  competition. (1) OJ No C 136, 4. 6. 1985, p. 1.