EXPLANATORY MEMORANDUM

1.CONTEXT OF THE DELEGATED ACT

Commission Delegated Regulation (EU) No 626/2011 providing for energy labelling of air conditioners was last amended by Commission Delegated Regulation (EU) 2020/1059. The objective was to correct some errors and to standardise the rounding rules on energy consumption information. Since then, however, it has emerged that some issues remain to be corrected for clarity.

For single duct and double duct air conditioners, the hourly energy consumption in kWh per 60 minutes is according to the current wording ‘rounded up to the nearest integer’, instead of being ‘rounded to one decimal’. This makes the energy consumption information meaningless as the energy consumption is, in general, close to 1 kWh per 60 minutes.

By requiring that, for all air conditioners, efficiency and capacity are ‘rounded up’, it forces manufacturers to declare values that are higher than measured values. This is not consistent with Annex VIII(2) of the same Delegated Regulation (EU) No 626/2011, which states that ‘the model shall be considered to comply with the applicable requirements if:… (b) the values published on the label and in the product fiche are not more favourable for the supplier than the declared values’.

The Commission therefore proposes to correct the wording on rounding under Commission Delegated Regulation (EU) 626/2011 as indicated.

Commission Delegated Regulation (EU) 2019/2015 providing for energy labelling of light sources was last amended by Commission Delegated Regulation (EU) 2021/340. The objective was to correct some errors and to add a definition of declared values. The following issues remain to be corrected.

Annex VI, point 1(e)(11) and (12) need to refer to LED and OLED mains light sources: the word ‘mains’ is currently missing and needs to be added under each point.

In Annex IX, Table 9 ‘Verification tolerances’, the range [0-100] for the parameter ‘CRI and R9’, needs to refer to CRI only.

The Commission therefore proposes to correct Commission Delegated Regulation (EU) 2019/2015 on the above-mentioned issues.

Commission Delegated Regulation (EU) 2019/2016 providing for energy labelling of refrigerating appliances was last amended by Commission Delegated Regulation (EU) 2021/340. The objective was to correct some errors and to add a definition of declared values. One issue remains to be corrected.

In Annex VI, point 1, Table 7 ‘Technical parameters of the model and their declared values for refrigerating appliances’, the thermodynamic parameter (rc) for the 2-star section compartment type should be 1.80, and not 2.10.

The Commission therefore proposes to correct Commission Delegated Regulation (EU) 2019/ 2016 on the above-mentioned issue.

Commission Delegated Regulation (EU) 2019/2018 providing for energy labelling of refrigerating appliances with a direct sales function was last amended by Commission Delegated Regulation (EU) 2021/340. The objective was to correct some errors and to add a definition of declared values. The following issue was meanwhile identified and remains to be corrected.

Annex IX does not set a verification tolerance for temperatures, implying that the tolerance is zero. This concept needs to be made explicit, by specifying in Annex IV(2)(b) that the E daily (the energy consumption of the refrigerating appliance with a direct sales function over 24 hours) is measured according to the temperature conditions of Table 4 in the same Annex.

The Commission therefore proposes to correct Commission Delegated Regulation (EU) 2019/2018 on the above-mentioned issue.

2.CONSULTATIONS PRIOR TO THE ADOPTION OF THE ACT

Pursuant to Article 14 of Regulation (EU) 2017/1369, a consultation of the Ecodesign and Energy Labelling Consultation Forum was carried out by written procedure during the period 25 February to 5 April 2022, in line with its rules of procedure. Comments put forward during this period by stakeholders and Member State representatives were examined and taken up to the extent possible.

As the corrections proposed in this Regulation are considered minor, no impact assessment has been undertaken. The draft Commission Delegated Regulation and its Annex were published for feedback during the period between 12 July and 9 August 2022; during this period four contributions were submitted. After analysing the substance of the comments, some improved wording on the reasons behind the amendment introduced in Annex 4 to this regulation to Delegated Regulation (EU) 2019/2018 on refrigerating appliances with direct sales function has been added. The rest of the comments submitted during the feedback period have been not retained as they would have implied new policy choices, different from those in the original delegated acts. They have been considered for these reasons as going beyond the intention and scope of a correcting act.

Member States’ experts have had the opportunity to comment on the draft regulation as amended after feedback between 19 December 2022 and 31 January 2023. During this period, four delegations submitted their comments and suggestions. All the suggestions have been discarded as they imply political choices going beyond the intention and scope of the present correcting act, which merely corrects obvious errors.

3.LEGAL ELEMENTS OF THE DELEGATED ACT

In Commission Delegated Regulation (EU) No 626/2011 on the energy labelling of air conditioners, the definition of the electricity consumption of single duct and double duct air conditioners in Annex I is corrected. In Annex III, the rounding rules for energy efficiency and capacity, and also the rounding rules for the energy consumption of single duct and double duct air conditioners are corrected, to avoid forcing manufacturers to declare meaningless values of little use to consumers.

In Commission Delegated Regulation (EU) 2019/2015 on the energy labelling of light sources, points 1(e), (11) and (12) in Annex VI are corrected; the range after the parameter R9 in Annex IX applies only to CRI.

In Commission Delegated Regulation (EU) 2019/2016 on the energy labelling of refrigerating appliances, the thermodynamic parameter (rc) for the 2-star section compartment type in Annex VI is corrected.

In Commission Delegated Regulation (EU) 2019/2018 on the energy labelling of refrigerating appliances with a direct sales function, point 2(b) in Annex IV is corrected.

3.1.Legal basis

This Commission Delegated Regulation supplements Regulation (EU) 2017/1369 setting a framework for energy labelling and repealing Directive 2010/30/EU, in particular by virtue of Article 16. The Energy Labelling Framework Regulation is based on Article 194(2) of the Treaty on the Functioning of the European Union.

COMMISSION DELEGATED REGULATION (EU) …/...

of 4.7.2023

correcting Delegated Regulations (EU) No 626/2011, (EU) 2019/2015, (EU) 2019/2016 and (EU) 2019/2018 with regard to energy labelling requirements of air conditioners, light sources, refrigerating appliances, and refrigerating appliances with a direct sales function

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU 1 , and in particular Article 16 thereof,

Whereas:

(1)Commission Delegated Regulations (EU) No 626/2011, (EU) 2019/2015, (EU) 2019/2016 and (EU) 2019/2018 established provisions on the energy labelling of respectively air conditioners, light sources, refrigerating appliances and refrigerating appliances with a direct sales function.

(2)Delegated Regulation (EU) No 626/2011 contains an error in the definition in point (47) of Annex I as regards the unit of the energy consumption of double duct air conditioners.

(3)Delegated Regulation EU No 626/2011 contains errors in different points of Annex III as it indicates that the information on hourly energy consumption in kWh per 60 minutes is to be rounded up to the nearest integer in order to be included in the energy label for single duct and double duct air conditioners.

(4)Delegated Regulation (EU) No 626/2011 contains errors in different points of Annex III as regards the rounding rule of heating and cooling capacities and of SEER, SCOP, EER, COP energy efficiency metrics.

(5)Annex VI to Delegated Regulation (EU) 2019/2015 should be corrected as the word “mains” is missing.

(6)Annex IX to Delegated Regulation (EU) 2019/2015 should be corrected as the range [0-100] should refer to CRI only. 

(7)Delegated Regulation (EU) 2019/2016 contains an error in Annex VI regarding the thermodynamic parameter (rc) for the 2-star section compartment type.

(8)Delegated Regulation (EU) 2019/2018 contains an error in Annex IV, as a reference to Table 4 has been omitted and such reference is needed to make explicit that no tolerance for temperature is allowed.

(9)Delegated Regulations (EU) No 626/2011, (EU) 2019/2015, (EU) 2019/2016 and (EU) 2019/2018 should therefore be corrected accordingly.

HAS ADOPTED THIS REGULATION:

Article 1

Corrections to Delegated Regulation (EU) No 626/2011

Annexes I and III to Delegated Regulation (EU) No 626/2011 are corrected as set out in Annex 1 to this Regulation.

Article 2

Corrections to Delegated Regulation (EU) 2019/2015

Annexes VI and IX to Delegated Regulation (EU) 2019/2015 are corrected as set out in Annex 2 to this Regulation.

Article 3

Corrections to Delegated Regulation (EU) 2019/2016

Annex VI to Delegated Regulation (EU) 2019/2016 is corrected as set out in Annex 3 to this Regulation.

Article 4

Corrections to Delegated Regulation (EU) 2019/2018

Annex IV to Delegated Regulation (EU) 2019/2018 is corrected as set out in Annex 4 to this Regulation.

Article 5

Entry into force

This Regulation shall enter into force on the fourth day following that of its publication in the Official Journal of the European Union.

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

Done at Brussels, 4.7.2023

(1)     OJ L 198, 28.7.2017, p. 1 . 

ANNEX 1

Annex I and III to Commission Delegated Regulation (EU) 626/2011 are amended as follows:

(1)In Annex I definition (47), the words “kWh/a” are replaced by “kWh/h”.

(2)In Annex III, the following points are amended as follows::

–in point 1.1.(a).V “rounded up” is replaced by “rounded”

–in point 1.1.(a).VI “rounded up” is replaced by “rounded”

–in point 1.1.(a).VII “rounded up” is replaced by “rounded”

–in point 1.1.(a).VIII “rounded up” is replaced by “rounded”

–in point 1.1.(a).IX “rounded up” is replaced by “rounded”

–in point 1.5.iv.10 “rounded up” is replaced by “rounded”

–in point 2.1.(a).V “rounded up” is replaced by “rounded”

–in point 2.1.(a).VI “rounded up” is replaced by “rounded”

–in point 2.1.(a).VII “rounded up” is replaced by “rounded”

–in point 2.5.iv.10 “rounded up” is replaced by “rounded”

–in point 3.1.(a).V “rounded up” is replaced by “rounded”

–in point 3.1.(a).VI “rounded up” is replaced by “rounded”

–in point 3.1.(a).VII “rounded up” is replaced by “rounded”

–in point 3.5.iv.9 “rounded up” is replaced by “rounded”

–in point 4.1.(a).V “rounded up” is replaced by “rounded”

–in point 4.1.(a).VI “rounded up” is replaced by “rounded”

–in point 4.1.(a).VII “rounded up” is replaced by “rounded”

–in point 4.2.iv.11 “rounded up” is replaced by “rounded”

–in point 4.3.(a).V “rounded up” is replaced by “rounded”

–in point 4.3.(a).VI “rounded up” is replaced by “rounded”

–in point 4.3.(a).VII “rounded up” is replaced by “rounded”

–in point 4.4.iv.11 “rounded up” is replaced by “rounded”

–in point 4.5.(a).V “rounded up” is replaced by “rounded”

–in point 4.5.(a).VI “rounded up” is replaced by “rounded”

–in point 4.5.(a).VII “rounded up” is replaced by “rounded”

–in point, 4.6.iv.11 “rounded up” is replaced by “rounded”

–in point 5.1.(a).V “rounded up” is replaced by “rounded”

–in point 5.1.(a).VI “rounded up” is replaced by “rounded”

–in point 5.1.(a).VII “rounded up” is replaced by “rounded”

–in point 5.2.iv.11 “rounded up” is replaced by “rounded”

–in point 5.3.(a).V “rounded up” is replaced by “rounded”

–in point 5.3.(a).VI “rounded up” is replaced by “rounded”

–in point 5.3.(a).VII “rounded up” is replaced by “rounded”

–in point 5.4.iv.11 “rounded up” is replaced by “rounded”

–in point 5.5.(a).V “rounded up” is replaced by “rounded”

–in point 5.5.(a).VI “rounded up” is replaced by “rounded”

–in point 5.5.(a).VII “rounded up” is replaced by “rounded”

–in point 5.6.iv.11 “rounded up” is replaced by “rounded”

(3)In Annex III, the following points are amended as follows: 

–in point 4.1.(a).VII “to the nearest integer” is replaced by “to one decimal” 

–in point 4.3.(a).VII “to the nearest integer” is replaced by “to one decimal”

–in point 4.5.(a).VII “to the nearest integer” is replaced by “to one decimal”

–in point 5.1.(a).VII “to the nearest integer” is replaced by “to one decimal”

–in point 5.3.(a).VII “to the nearest integer” is replaced by “to one decimal”

–in point 5.5.(a).VII “to the nearest integer” is replaced by “to one decimal”

(4)In Annex III, the following points are amended as follows:

–in point 4.2.iv.12 “XY” is replaced by “X,Y”

–in point 4.4.iv.12 “XY” is replaced by “X,Y”

–in point 4.6.iv.12 “XY” is replaced by “X,Y”

–in point 5.2.iv.12 “XY” is replaced by “X,Y”

–in point 5.4.iv.12 “XY” is replaced by “X,Y”

–in point 5.6.iv.12 “XY” is replaced by “X,Y”

(5)In Annex III, the images should be amended as follows: 

(1)Replace the image in section 4.1 by the following image:

(2)Replace the image in section 4.2 by the following image:

(3)Replace the image in section 4.3 by the following image:

(4)Replace the image in section 4.4 by the following image:

(5)Replace the image in section 4.5 by the following image:

(6)Replace the image in section 4.6 by the following image:

(7)Replace the image in section 5.1 by the following image:

(8)Replace the image in section 5.2 by the following image:

(9)Replace the image in section 5.3 by the following image:

(10)Replace the image in section 5.4 by the following image:

(11)Replace the image in section 5.5 by the following image:

(12)Replace the image in section 5.6 by the following image:

ANNEX 2

Annex VI and IX to Commission Delegated Regulation (EU) 2019/2015 are amended as follows:

(1)In Annex VI, “LED and OLED light sources” is replaced by “LED and OLED mains light sources” in the following points:

–point 1.(e)(11)

–point 1.(e)(12 )

(2)In Annex IX Table 9, the reference “CRI and R9 [0-100]” is replaced by “CRI [0-100] and R9”.

ANNEX 3

Annex VI to Commission Delegated Regulation (EU) 2019/2016 is amended as follows:

(1)In point 1, Table 7 the thermodynamic parameter (rc) for the 2-star section compartment type “2,10” is replaced by “1,80”.

ANNEX 4

Annex IV to Commission Delegated Regulation (EU) 2019/2018 is amended as follows:

(1)In Annex IV, point 2(b) the text:

“— Edaily is the energy consumption of the refrigerating appliance with a direct sales function over 24 hours, expressed in kWh/24h and rounded to three decimal places.”

is replaced by

“— Edaily is the energy consumption of the refrigerating appliance with a direct sales function over 24 hours, expressed in kWh/24h, rounded to three decimal places and measured according to the temperature conditions of Table 4 for the relevant temperature class.”