Commission Delegated Regulation (EU) No 1060/2010Show full title

Article 1 Subject matter and scope

1. This Regulation establishes requirements for the labelling of and the provision of supplementary product information on electric mains-operated household refrigerating appliances with a storage volume between 10 and 1 500 litres.

2. This Regulation shall apply to electric mains-operated household refrigerating appliances, including those sold for non-household use or for the refrigeration of items other than foodstuffs and including built-in appliances.

It shall also apply to electric mains-operated household refrigerating appliances that can be battery-operated.

3. This Regulation shall not apply to:

(a) refrigerating appliances that are primarily powered by energy sources other than electricity, such as liquefied petroleum gas (LPG), kerosene and bio-diesel fuels;

(b) battery-operated refrigerating appliances that can be connected to the mains through an AC/DC converter, purchased separately;

(c) custom-made refrigerating appliances, made on a one-off basis and not equivalent to other refrigerating appliance models;

(d) refrigerating appliances for tertiary sector application where the removal of refrigerated foodstuffs is electronically sensed and that information can be automatically transmitted through a network connection to a remote control system for accounting;

(e) appliances where the primary function is not the storage of foodstuffs through refrigeration, such as stand-alone ice-makers or chilled drinks dispensers.

Article 2 Definitions

In addition to the definitions laid down in Article 2 of Directive 2010/30/EU, the following definitions shall apply:

(1)

‘foodstuffs’ means food, ingredients, beverages including wine, and other items primarily intended for consumption which require refrigeration at specified temperatures;

(2)

‘household refrigerating appliance’ means an insulated cabinet, with one or more compartments, intended for refrigerating or freezing foodstuffs, or for the storage of refrigerated or frozen foodstuffs for non-professional purposes, cooled by one or more energy-consuming processes, including appliances sold as building kits to be assembled by the end-user;

(3)

‘built-in appliance’ means a fixed refrigerating appliance intended to be installed in a cabinet, in a prepared recess in a wall or similar location, and requiring furniture finishing;

(4)

‘refrigerator’ means a refrigerating appliance intended for the preservation of foodstuffs with at least one compartment suitable for the storage of fresh food and/or beverages, including wine;

(5)

‘compression-type refrigerating appliance’ means a refrigerating appliance in which refrigeration is effected by means of a motor-driven compressor;

(6)

‘absorption-type refrigerating appliance’ means a refrigerating appliance in which refrigeration is effected by an absorption process using heat as the energy source;

(7)

‘refrigerator-freezer’ means a refrigerating appliance with at least one fresh-food storage compartment and at least one compartment suitable for the freezing of fresh food and the storage of frozen foodstuffs under three-star storage conditions (the food-freezer compartment);

(8)

‘frozen-food storage cabinet’ means a refrigerating appliance with one or more compartments suitable for the storage of frozen foodstuffs;

(9)

‘food freezer’ means a refrigerating appliance with one or more compartments suitable for freezing foodstuffs with temperatures ranging from ambient temperature down to – 18 °C, and which is also suitable for the storage of frozen foodstuffs under three-star storage conditions; a food freezer may also include two-star sections and/or compartments within the compartment or cabinet;

(10)

‘wine storage appliance’ means a refrigerating appliance that has no compartment other than one or more wine storage compartments;

(11)

‘multi-use appliance’ means a refrigerating appliance that has no compartment other than one or more multi-use compartments;

(12)

‘equivalent household refrigerating appliance’ means a household refrigerating appliance model placed on the market with the same gross and storage volumes, same technical, efficiency and performance characteristics, and same compartment types as another household refrigerating appliance model placed on the market under a different commercial code number by the same manufacturer;

(13)

‘end-user’ means a consumer buying or expected to buy a household refrigerating appliance;

(14)

‘point of sale’ means a location where household refrigerating appliances are displayed or offered for sale, hire or hire-purchase.

The definitions set out in Annex I shall also apply.

Article 3 Responsibilities of suppliers

Suppliers shall ensure that:

(a)

each household refrigerating appliance is supplied with a printed label in the format and containing information as set out in Annex II;

(b)

a product fiche, as set out in Annex III, is made available;

(c)

the technical documentation as set out in Annex IV is made available on request to the authorities of Member States and to the Commission;

(d)

any advertisement for a specific model of household refrigerating appliance contains the energy efficiency class, if the advertisement discloses energy-related or price information;

(e)

any technical promotional material concerning a specific model of household refrigerating appliance which describes its specific technical parameters includes the energy efficiency class of that model.

Article 4 Responsibilities of dealers

Dealers shall ensure that:

(a)

each household refrigerating appliance at the point of sale bears the label provided by suppliers in accordance with Article 3(a) on the outside of the front or top of the appliance, in such a way as to be clearly visible;

(b)

household refrigerating appliances offered for sale, hire or hire purchase where the end-user cannot be expected to see the product displayed, are marketed with the information to be provided by the suppliers in accordance with Annex V;

(c)

any advertisement for a specific model of household refrigerating appliance contains its energy efficiency class, if the advertisement discloses energy-related or price information;

(d)

any technical promotional material concerning a specific model of household refrigerating appliance, which describes its specific technical parameters, includes the energy efficiency class of that model.

Article 5 Measurement methods

The information to be provided pursuant to Article 3 shall be obtained by reliable, accurate and reproducible measurement procedures, which take into account the recognised state-of-the-art measurement methods, as set out in Annex VI.

Article 6 Verification procedure for market surveillance purposes

Member States shall apply the procedure laid down in Annex VII when assessing the conformity of the declared energy efficiency class, the annual energy consumption, the fresh and frozen food volumes, the freezing capacity and the airborne acoustical noise emissions.

Article 7 Revision

The Commission shall review this Regulation in the light of technological progress no later than four years after its entry into force. The review shall in particular assess the verification tolerances set out in Annex VII and the possibilities for removing or reducing the values of the correction factors set out in Annex VIII.

Article 8 Repeal

Directive 94/2/EC is repealed from 30 November 2011.

Article 9 Transitional provisions

1. Articles 3(d), (e), 4(b), (c) and (d) shall not apply to printed advertisement and printed technical promotional material published before 30 March 2012.

2. Household refrigerating appliances placed on the market before 30 November 2011 shall comply with the provisions set out in Directive 94/2/EC.

3. Household refrigerating appliances which comply with the provisions of this Regulation and which are placed on the market or offered for sale, hire or hire-purchase before 30 November 2011 shall be regarded as complying with the requirements of Directive 94/2/EC.

Article 10 Entry into force and application

1. This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.

2. It shall apply from 30 November 2011. However, Articles 3(d), (e), 4(b), (c) and (d) shall apply from 30 March 2012.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 28 September 2010.

For the Commission

The President

José Manuel Barroso