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
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council(1), and in particular Article 15(1) thereof,
After consulting the Ecodesign Consultation Forum,
Whereas:
(1) Directive 96/57/EC of the European Parliament and of the Council of 3 September 1996 on energy efficiency requirements for household electric refrigerators, freezers and combinations thereof(2) lays down provisions regarding household refrigerating appliances. The requirements laid down in that Directive, which have been applicable since 1999, are now outdated.
(2) Under Directive 2005/32/EC ecodesign requirements should be set by the Commission for energy-using products representing significant volumes of sales and trade, having significant environmental impact and presenting significant potential for improvement in terms of their environmental impact without entailing excessive costs.
(3) Article 16(2), first indent, of Directive 2005/32/EC provides that, in accordance with the procedure referred to in Article 19(3) and the criteria set out in Article 15(2), and after consulting the Ecodesign Consultation Forum, the Commission shall, as appropriate, introduce a new implementing measure for household refrigerating appliances repealing Directive 96/57/EC.
(4) The Commission has carried out a preparatory study to analyse the technical, environmental and economic aspects of refrigerating appliances typically used in households. The study has been developed together with stakeholders and interested parties from the Community and third countries, and the results have been made publicly available on the Commission’s website on EUROPA.
(5) The energy efficiency of absorption-type refrigerators and thermoelectric cooling refrigerating appliances, such as mini drink chillers, can be significantly improved. Those appliances should therefore be included in this Regulation.
(6) The environmental aspects identified as significant for the purposes of this Regulation are energy consumption in the use phase and product features designed to ensure more environmentally friendly use of household refrigerating appliances by the end-user.
(7) The preparatory study shows that requirements regarding other ecodesign parameters referred to in Annex I, Part 1, to Directive 2005/32/EC are not necessary.
(8) The annual electricity consumption of products subject to this Regulation in the Community was estimated to have been 122 TWh in 2005, corresponding to 56 million tonnes of CO2 equivalent. While the projected energy consumption of household refrigerating appliances will decrease by 2020, this reduction is expected to slow as a result of outdated requirements and energy labels. The cost-effective energy-savings potential would therefore not be achieved if no further measures are introduced to update the existing ecodesign requirements.
(9) The electricity consumption of products subject to this Regulation should be made more efficient by applying existing non-proprietary cost-effective technologies that reduce the combined cost of purchasing and operating these products.
(10) This Regulation should quickly ensure the placing on the market of more energy-efficient products subject to this Regulation.
(11) The ecodesign requirements should not affect functionality from the end-user’s perspective and should not negatively affect health, safety or the environment. In particular, the benefits of reducing electricity consumption during the use phase should more than offset any additional environmental impacts during the production of products subject to this Regulation.
(12) The ecodesign requirements should be introduced gradually in order to provide a sufficient timeframe for manufacturers to re-design products subject to this Regulation as appropriate. The timing should be such as to avoid negative impacts on the functionalities of equipment on the market, and to take into account cost impacts for end-users and manufacturers, in particular small and medium-sized enterprises, while ensuring timely achievement of the objectives of this Regulation.
(13) Conformity assessment and measurements of the relevant product parameters should be performed using reliable, accurate and reproducible measurement methods, which take into account the generally recognised state of the art measurement methods including where available, harmonised standards adopted by the European standardisation bodies, as listed in Annex I to Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services(3).
(14) In accordance with Article 8 of Directive 2005/32/EC, this Regulation should specify the applicable conformity assessment procedures.
(15) In order to facilitate compliance checks, manufacturers should provide information in the technical documentation referred to in Annexes V and VI to Directive 2005/32/EC insofar as this information relates to the requirements laid down in this Regulation.
(16) In addition to the legally binding requirements laid down in this Regulation, indicative benchmarks for best available technologies should be identified to ensure the wide availability and accessibility of information on the life-cycle environmental performance of products subject to this Regulation.
(17) Directive 96/57/EC should therefore be repealed.
(18) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 19(1) of Directive 2005/32/EC,
HAS ADOPTED THIS REGULATION: