45.—(1) Subject to paragraph (2), this Part applies to electric mains-operated refrigerating appliances with a direct sales function, including appliances sold for refrigeration of items other than foodstuffs.
(2) This Part does not apply to any appliance listed in—
(a)regulation 9(2); or
(b)paragraph 6 of Schedule 3.
(3) In this Part and Schedules 22 to 28—
“alternative text” means text provided as an alternative to a graphic allowing information to be presented in non-graphical form—
where display devices cannot render the graphic; or
as an aid to accessibility such as input to voice synthesis applications;
“declared values” means the values provided by the supplier for the stated, calculated or measured technical parameters in the technical documentation, pursuant to Article 3(3) of the Framework Regulation and in accordance with regulation 46(1)(d) of and Schedule 25 to these Regulations, for the verification of conformity of a product by the market surveillance authority;
“display mechanism” means any screen, including tactile screen, or other visual technology used for displaying internet content to users;
“nested display” means a visual interface where an image or data set is accessed by a—
mouse click;
mouse roll-over; or
tactile screen expansion,
of another image or data set;
“point of sale” means a location where refrigerating appliances with a direct sales function are displayed or offered for sale, hire or hire purchase, and includes trade fairs;
“quick response” (QR) code means a matrix barcode included on the energy label of a product model that links to that model’s information on a publicly accessible website, and contains the information referred to in Schedule 25 (product information sheet);
“semi-vertical cabinet” means a vertical cabinet with a vertical or inclined display opening whose overall height does not exceed 1.5 meters (m);
“tactile screen” means a screen responding to touch, such as that of a tablet computer, slate computer or a smartphone.
(4) Expressions used in this Chapter and Schedules 22 to 28 which are defined in regulation 9 or Schedule 3 have the meanings they bear in those provisions, unless otherwise provided.
46.—(1) Suppliers(1) must ensure that—
(a)each refrigerating appliance with a direct sales function is supplied with a printed label in the format set out in Schedule 23;
(b)the values of the parameters of the product information sheet, set out in Schedule 24, are available on a publicly accessible website;
(c)if specifically requested by the dealer, the product information sheet is made available in printed form;
(d)the content of the technical documentation, set out in Schedule 25, is made available for inspection in accordance with Article 4(2) of the Framework Regulation;
(e)any visual advertisement for a specific model of a refrigerating appliance with a direct sales function contains on the label, in accordance with Schedule 26—
(i)the energy efficiency class of that model; and
(ii)the range of energy efficiency classes available;
(f)any technical promotional material or other promotional material concerning a specific model of refrigerating appliance with a direct sales function, including technical promotional material or other promotional material on the internet, contains on the label, in accordance with Schedules 26 and 27—
(i)the energy efficiency class of that model; and
(ii)the range of energy efficiency classes available;
(g)an electronic label in the format and containing the information set out in Schedule 23 is made available to dealers for each refrigerating appliance with a direct sales function model;
(h)an electronic product information sheet, as set out in Schedule 24, is made available to dealers for each refrigerating appliance with a direct sales function model;
(i)customers are able to access the product information sheet in accordance with Schedules 26 and 27.
(2) The energy efficiency class must be based on the energy efficiency index calculated in accordance with Schedule 22.
47.—(1) Dealers(2) must ensure that—
(a)each refrigerating appliance with a direct sales function bears the label provided by the supplier in accordance regulation 46 at the point of sale of the appliance;
(b)in the case of distance selling, the label and product information sheet are provided, in accordance with Schedules 23 and 24;
(c)any visual advertisement for a specific model of a refrigerating appliance with a direct sales function, including any advertisement on the internet, contains on the label, in accordance with Schedules 26 and 27—
(i)the energy efficiency class; and
(ii)the range of energy efficiency classes available on the label;
(d)any technical promotional material or other promotional material concerning a specific model of a refrigerating appliance which describes its specific technical parameters, including material available on the internet, contains on the label, in accordance with Schedules 26 and 27—
(i)the energy efficiency class of that model; and
(ii)the range of energy efficiency classes available;
(e)customers are able to access the product information sheet in accordance with Schedules 26 and 27.
(2) For the purposes of sub-paragraph (1)(a)—
(i)for built-in appliances, the label must be displayed in such a way as to be clearly visible; and
(ii)for other appliances the label must be displayed in such a way as to be clearly visible on the outside of the front or top of the appliance;
48. Where a hosting service provider as referred to in regulation 19 of the Electronic Commerce (EC Directive) Regulations 2002(3) allows the direct selling of refrigerating appliances with a direct sales function through its internet site, the service provider must—
(a)enable the showing of the electronic label and the product information sheet provided by the dealer on the display mechanism in accordance with the provisions of Schedule 27; and
(b)inform the dealer of the obligation to display them.
49.—(1) The measurements and calculations required by this Part must be made—
(a)in accordance with Schedule 4; and
(b)in accordance with designated standards(4), where available.
(2) Where designated standards are not available, the measurements and calculations referred to in paragraph (1) must be made in accordance with methods which —
(a)can be demonstrated to be reliable, accurate, and reproducible by the person deploying them; and
(b)take into account the generally recognised state of the art.
50. The market surveillance authority(5) must use the verification procedure set out in Schedule 28 when verifying the compliance of a product with the requirements of these Regulations.
See Article 2(14) of the Framework Regulation, as amended by S.I. 2019/539, for the meaning of “supplier”.
See Article 2(13) of the Framework Regulation for the meaning of “dealer”.
See Article 2(18) of the Framework Regulation, as amended by S.I. 2019/539, for the meaning of “designated standard”.
See Article 2(28) of the Framework Regulation for the meanings of “market surveillance” and “market surveillance authority”. Point (28) was inserted by S.I. 2019/539, as amended by S.I. 2020/1528.