LegalizeCommission Delegated Regulation (EU) 2019/2018 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 with a direct sales function (Text with EEA relevance.)
Article 1
Subject matter and scope
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 appliances with a direct sales function that do not use a vapour compression refrigeration cycle;
(c) the remote components, such as the condensing unit, compressors or water condensed unit, to which a remote cabinet needs to be connected in order to function;
(d) food processing refrigerating appliances with a direct sales function;
(e) refrigerating appliances with a direct sales function specifically tested and approved for the storage of medicines or scientific samples;
(f) refrigerating appliances with a direct sales function for the sale and display of live foodstuffs, such as refrigerating appliances for the sale and display of living fish and shellfish, refrigerated aquaria and water tanks;
(g) saladettes;
(h) horizontal serve-over counters with integrated storage designed to work at chilled operating temperatures;
(i) 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; this does not include remote cabinets nor does it include category 6 refrigerated vending machines, as defined Annex IV, Table 4;
(j) corner/curved and carousel cabinets;
(k) vending machines that are designed to work at frozen operating temperatures;
(l) serve-over fish counters with flaked ice;
(m) professional refrigerated storage cabinets, blast cabinets, condensing units and process chillers as defined in Regulation (EU) 2015/1095;
(n) wine storage appliances and minibars.
Article 2
Definitions
For the purpose of this Regulation, the following definitions shall apply:
‘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 with or without assisted serving, foodstuffs and other items at specified temperatures below the ambient temperature to customers, accessible directly through open sides or through one or more doors or drawers or both including refrigerating appliances with a direct sales function with areas used for storage of foodstuffs and other items not accessible by customers, and excluding minibars and wine storage appliances;
‘foodstuffs’ means food, ingredients, beverages, including wine, and other items primarily used for consumption which require refrigeration at specified temperatures;
‘condensing unit’ means a product integrating at least one electrically driven compressor 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 Regulation (EU) 2015/1095;
‘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 with a direct sales function needs to be connected additionally to remote components (condensing unit and/or compressor and/or water condensed unit) which are not an integral part of the cabinet;
‘food processing refrigerating appliances with a direct sales function’ means a refrigerating appliance with a direct sales function specifically tested and approved for carrying out food processing such as ice-cream makers or microwave-equipped refrigerated vending machines or ice makers; this does not include 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 appliance total net volume;
‘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 or display of foodstuffs and other items, in cubic decimetres (dm3) or litres (L);
‘gross volume’ means the volume within the inside liners of the compartment without internal fittings and with door or lid closed, in cubic decimeters (dm3) or litres (L);
‘specifically tested and approved’ means that the product complies with all the following requirements:
(a) it has been specifically designed and tested for the mentioned operating condition or application, according to the Union legislation mentioned or related acts, relevant Member State legislation, and/or relevant European or international standards; (b) it is accompanied by evidence, to be included in the technical documentation in the form of a certificate, a type approval mark or a test report, that the product has been specifically approved for the mentioned operating condition or application; (c) it is placed on the market specifically for the mentioned operating condition or application, as evidenced at least by the technical documentation, information provided for the product and any advertising or marketing materials;
‘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 foodstuffs such as pizza toppings or salad items;
‘horizontal serve-over counter with integrated storage’ means a horizontal cabinet for assisted service, which includes refrigerated storage which is of at least 100 litres (L) per meter (m) length and which is normally placed at the serve-over counter's base;
‘horizontal cabinet’ means a refrigerating appliance with a direct sales function with horizontal display, opening on its top, and accessible from above;
‘chilled operating temperature’ means a temperature between -3,5 degrees Celsius (°C) and 15 degrees Celsius (°C) for appliances equipped with energy management systems for saving energy and between -3,5 degrees Celsius (°C) and 10 degrees Celsius (°C) for appliances not equipped with energy management systems for saving energy;
‘operating temperature’ means the reference temperature inside a compartment during testing;
‘refrigerated vending machine’ means a refrigerating appliance with a direct sales function designed to accept consumer payments or tokens to dispense chilled foodstuffs and other items without on-site labour intervention;
‘corner/curved 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/curved cabinet do 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/curved cabinet are inclined at an angle of between 30° and 90°;
‘frozen operating temperature’ means a temperature below -12 degrees celsius (°C);
‘serve-over fish counter with flaked ice’ means a cabinet for horizontal assisted service, designed and marketed specifically for fresh fish display. It is characterised by having on its top a bed of flaked ice used to maintain the temperature of the displayed fresh fish, and it also has a built in drain outlet;
‘wine storage appliance’ means a refrigerating appliance with only one type of compartment for the storage of wine, with precision temperature control for the storage conditions and target temperature, and equipped with anti-vibration measures, as defined in Delegated Regulation (EU) 2019/2016;
‘compartment’ means an enclosed space within a refrigerating appliance with a direct sales function, 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;
‘external door’ is the part of a refrigerating appliance with a direct sales function 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 refrigerating appliance with a direct sales function;
‘sub-compartment’ means an enclosed space in a compartment having a different operating temperature range from the compartment in which it is located;
‘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, as defined in Delegated Regulation (EU) 2019/2016;
‘point of sale’ means a location where refrigerating appliances with a direct sales function are displayed or offered for sale, hire or hire-purchase;
‘energy efficiency index’ (EEI) means an index number for the relative energy efficiency of a refrigeration appliance with a direct sales function expressed in percentage (%), calculated in accordance with point 2 of Annex IV;
‘carousel cabinet’ means a round/circular shape supermarket cabinet which can be installed as a standalone unit or as a unit connecting two linear supermarket cabinets. Carousel cabinets can also be equipped with a turning system which makes visible the display of foodstuff at 360°;
‘supermarket cabinet’ means a refrigerating appliance with a direct sales function intended for the sale and display of foodstuffs and other items in retail applications, such as in supermarkets. Beverage coolers, refrigerated vending machines, gelato-scooping cabinets and ice-cream freezers are not considered supermarket cabinets.
Article 3
Obligations of suppliers
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 values of the parameters included in the product information sheet, as set out in Annex V, are entered into the public part of 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 a refrigerating appliance with a direct sales function contains the energy efficiency class and the range of energy efficiency classes available on the label, in accordance with Annex VII;
(f) any technical promotional material or other promotional material concerning a specific model of refrigerating appliances with a direct sales function, including technical promotional material or other promotional material on the internet, includes the energy efficiency class of that model and the range of energy efficiency classes available on the label, in accordance with Annex VII and Annex VIII;
(g) an electronic label in the format and containing the information, as set out in Annex III, 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 V, is made available to dealers for each refrigerating appliance with a direct sales function model.
Article 4
Obligations of dealers
Dealers shall ensure that:
(a) each refrigerating appliance with a direct sales function, at the point of sale of the appliance, including at trade fairs, bears the label provided by suppliers, in accordance with point 1(a) of Article 3, with the label displayed for built-in appliances in such a way to be clearly visible, and for other refrigerating appliances with a direct sales function 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 a refrigerating appliance with a direct sales function, 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 and VIII;
(d) any technical promotional material or other promotional material concerning a specific model of a refrigerating appliance with a direct sales function, including technical promotional material or other 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 Annexes VII and VIII.
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 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 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, to the Consultation Forum no later than 25 December 2023. The review shall among other matters assess:
(a) the energy efficiency classes;
(b) the possibility to address circular economy aspects;
(c) the feasibility of refining the classification of products, inter alia, considering the difference between integral and remote cabinets.
Article 9
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, with the exception of the obligation to provide the energy efficiency class for the light source parameters referred to in in Annex V, Table 10, part 5, which shall apply from 1 March 2022.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
The following definition shall apply:
(1) ‘beverage cooler’ means a refrigerating appliance with a direct sales function designed to cool, at a specified speed, packaged non-perishable beverages, excluding wine, loaded at ambient temperature, for sale at specified temperatures below the ambient temperature. A beverage cooler allows accessing the beverages directly through open sides or through one or more doors, drawers or both. The temperature inside the cooler may increase during periods of no demand, for the purpose of energy saving, in view of the non-perishable nature of beverages;
(2) ‘ice-cream freezer’ means a horizontal closed cabinet intended to store and/or display and sell pre-packed ice cream, where access by the consumer to the pre-packed ice-cream is achieved by opening a non-transparent or transparent lid from the top, with a net volume ≤ 600 litres (L) and, only in the case of transparent lid ice-cream freezers, a net volume divided by the TDA ≥ 0,35 meters (m);
(3) ‘transparent lid’ means a door made of a transparent material that covers at least 75 % of the door surface and that allows the end-user to clearly see items through it;
(4) ‘total display area (TDA)’ means the total visible foodstuffs and other items area, including visible area through glazing, defined by the sum of horizontal and vertical projected surface areas of the net volume, expressed in square meters (m2);
(5) ‘quick response’ (QR) code means a matrix barcode included on the energy label of a product model that links to that model’s information in the public part of the product database;
(6) ‘annual energy consumption’ (AE) means the average daily energy consumption multiplied by 365 (days per year) expressed in kilowatt hour per year (kWh/a), calculated in accordance with point 2(b) of Annex IV;
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