Commission 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.)

Coloured/monochrome left/right arrow, with range of energy efficiency classes indicated Image omitted; see official source

• 5.Telemarketing based distance selling must specifically inform the customer of the energy efficiency class of the product and of the range of energy efficiency classes available on the label, and that the customer can access the full label and the product information sheet through a free access website, or by requesting a printed copy.

• 6.For all the situations mentioned in points 1 to 3 and 5, it must be possible for the customer to obtain, on request, a printed copy of the label and the product information sheet.

ANNEX VIII

Information to be provided in the case of distance selling through the internet

• 1.The appropriate label made available by suppliers in accordance with point 1(g) of Article 3 shall be shown on the display mechanism in proximity to the price of the product, if the price is shown, and in all other cases in proximity to the product. The size shall be such that the label is clearly visible and legible and shall be proportionate to the size specified in point 4 of Annex III. The label may be displayed using a nested display, in which case the image used for accessing the label shall comply with the specifications laid down in point 3 of this Annex. If nested display is applied, the label shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the image.

• 2.The image used for accessing the label in the case of a nested display, as indicated in Figure 2, shall:

• (a) be an arrow in the colour corresponding to the energy efficiency class of the product on the label;

• (b) indicate the energy efficiency class of the product on the arrow in white, Calibri Bold and in a font size equivalent to that of the price, if the price is shown, in all other cases a clearly visible and legible font size; and

• (c) have the range of available energy efficiency classes in 100 % black; and,

• (d) have one of the following two formats, and its size shall be such that the arrow is clearly visible and legible. The letter in the energy efficiency class arrow shall be positioned in the centre of the rectangular part of the arrow, with a visible border in 100 % black placed around the arrow and the letter of the energy efficiency class: Figure 2

Coloured left/right arrow example, with range of energy classes indicated Image omitted; see official source

• 3.In the case of a nested display, the sequence of display of the label shall be as follows:

• (a) the image referred to in point 2 of this Annex shall be shown on the display mechanism in proximity to the price of the product, if the price is shown, and in all other cases in proximity to the product;

• (b) the image shall link to the label set out in Annex III;

• (c) the label shall be displayed after a mouse click, mouse roll-over or tactile screen expansion on the image;

• (d) the label shall be displayed by pop up, new tab, new page or inset screen display;

• (e) for magnification of the label on tactile screens, the device conventions for tactile magnification shall apply;

• (f) the label shall cease to be displayed by means of a close option or other standard closing mechanism;

• (g) the alternative text for the graphic, to be displayed on failure to display the label, shall be the energy efficiency class of the product in a font size equivalent to that of the price, if the price is shown, and in all other cases a clearly visible and legible font size.

- 4.The electronic product information sheet made available by suppliers in accordance with point 1(h) of Article 3 shall be shown on the display mechanism in proximity to the price of the product, if the price is shown, and in all other cases in proximity to the product. The size shall be such that the product information sheet is clearly visible and legible. The product information sheet may be displayed using a nested display or by referring to the product database, in which case the link used for accessing the product information sheet shall clearly and legibly indicate ‘Product information sheet’. If a nested display is used, the product information sheet shall appear on the first mouse click, mouse roll-over or tactile screen expansion on the link.

ANNEX IX

Verification procedure for market surveillance purposes

The verification tolerances defined in this Annex relate only to the verification by Member State authorities of the declared values and shall not be used by the supplier as an allowed tolerance to establish the values in the technical documentation or in interpreting these values with a view to achieving compliance or to communicate better performance by any means. The values and classes published on the label or in the product information sheet shall not be more favourable for the supplier than the values declared in the technical documentation.

Where a model has been designed to be able to detect it is being tested (e.g. by recognising the test conditions or test cycle), and to react specifically by automatically altering its performance during the test with the objective of reaching a more favourable level for any of the parameters specified in this Regulation or included in the technical documentation or included in any of the documentation provided, the model and all equivalent models shall be considered not compliant.

As part of verifying the compliance of a product model with the requirements laid down in this Regulation, the authorities of the Member States shall apply the following procedure:

• (1) The Member State authorities shall verify one single unit of the model.

• (2) The model shall be considered to comply with the applicable requirements if:
• (a) the values given in the technical documentation pursuant to point 3 of Article 3 of Regulation (EU) 2017/1369 (declared values), and, where applicable, the values used to calculate these values, are not more favourable for the supplier than the corresponding values given in the test reports; and
• (b) the values published on the label and in the product information sheet are not more favourable for the supplier than the declared values, and the indicated energy efficiency class is not more favourable for the supplier than the class determined by the declared values; and
• (c) when the Member State authorities test the unit of the model, the determined values (the values of the relevant parameters as measured in testing and the values calculated from these measurements) comply with the respective verification tolerances as given in Table 12.

• (3) If the results referred to in points 2(a) and (b) are not achieved, the model and all equivalent models shall be considered not to comply with this Regulation.

• (4) If the result referred to in point 2(c) is not achieved, the Member State authorities shall select three additional units of the same model for testing. As an alternative, the three additional units selected may be of one or more equivalent models.

• (5) The model shall be considered to comply with the applicable requirements if for these three units, the arithmetical mean of the determined values complies with the respective tolerances given in Table 12.

• (6) If the result referred to in point 5 is not achieved, the model and all equivalent models shall be considered not to comply with this Regulation.

• (7) The Member State authorities shall provide all relevant information to the authorities of the other Member States and to the Commission without delay after a decision being taken on the non-compliance of the model according to points 3, 6 or the second paragraph of this Annex.

The Member State authorities shall use the measurement and calculation methods set out in Annex IV.

The Member State authorities shall only apply the verification tolerances set out in Table 12 and shall only use the procedure described in points 1 to 7 for the requirements referred to in this Annex. For the parameters in Table 12, no other tolerances, such as those set out in harmonised standards or in any other measurement method, shall be applied.

Table 12

Verification tolerances for measured parameters

in the case of three additional units tested as prescribed in point 4, the determined value means the arithmetical mean of the values determined for these three additional units.

[^E0001]: (^*1) For multi-temperature vending machines, TV shall be the average of TV1 (the maximum measured product temperature in the warmest compartment) and TV2 (the maximum measured product temperature in the coldest compartment), rounded to one decimal.

[^E0002]: (^*2) category 1 = refrigerated closed fronted can and bottle machines where the products are held in stacks, category 2 = refrigerated glass fronted can and bottle, confectionery & snack machines, category 3 = refrigerated glass fronted machines entirely for perishable foodstuffs, category 4 = refrigerated multi-temperature glass fronted machines, category 6 = combination machines consisting of different categories of machine in the same housing and powered by one chiller.