16.6.2012   

EN

Official Journal of the European Union

C 172/1

Section 1 -

1.

2.

3.

3.1.

3.1.1.

3.1.2.

3.1.3.

3.2.

3.2.1.

3.2.2.

3.2.3.

3.3.

3.3.1.

3.3.2.

3.3.3.

3.3.4.

4.

4.1.

4.2.

4.3.

Section 2 -

1.

2.

3.

3.1.

3.2.

Section 3 -

(1)

‘Air conditioner’ means a device capable of cooling or heating, or both, indoor air, using a vapour compression cycle driven by one or more electric compressors, including air conditioners that provide additional functionalities such as dehumidification, air-purification, ventilation or supplemental air-heating by means of electric resistance heating, as well as appliances that may use water (either condensate water that is formed on the evaporator side or externally added water) for evaporation on the condenser provided that the device is also able to function without the use of additional water, using air only;

(2)

‘Double duct air conditioner’ means an ‧air conditioner‧ in which, during cooling or heating, the condensor (or evaporator) intake air is introduced from the outdoor environment to the unit by a duct and rejected to the outdoor environment by a second duct, and which is placed wholly inside the space to be conditioned, near a wall;

(3)

‘Single duct air conditioner’ means an ‧air conditioner‧ in which, during cooling or heating, the condenser (or evaporator) intake air is introduced from the space containing the unit and discharged outside this space;

(4)

‘Reversible air conditioner’ means an air conditioner capable of both cooling and heating;

(5)

‘Standard rating conditions’ means the combination of indoor (Tin) and outdoor temperatures (Tj) that describe the operating conditions while establishing the rated capacity, sound power level, rated air flow rate, rated energy efficiency ratio (EERrated) and/or rated coefficient of performance (COPrated ), as described in table 4;

(6)

‘Rated capacity’ (Prated ) means the cooling or heating capacity of the vapour compression cycle of the unit at standard rating conditions;

(7)

‘Indoor temperature’ (Tin) means the dry bulb indoor air temperature [°C] (with the relative humidity indicated by the corresponding wet bulb temperature);

(8)

‘Outdoor temperature’ (Tj) means the dry bulb outdoor air temperature [°C] (with the relative humidity indicated by the corresponding wet bulb temperature);

(9)

‘Rated energy efficiency ratio’ (EER rated ) means the declared capacity for cooling [kW] divided by the Rated power input for cooling [kW] of a unit when providing cooling at standard rating conditions;

(10)

‘Rated coefficient of performance’ (COP rated ) means the declared capacity for heating [kW] divided by the Rated power input for heating [kW] of a unit when providing heating at standard rating conditions;

(11)

‘Global warming potential’ (GWP) means the measure of how much 1 kg of the refrigerant applied in the vapour compression cycle is estimated to contribute to global warming, expressed in kg CO2 equivalents over a 100 year time horizon.

GWP values considered will be those set out in Annex 1 part 2 of Regulation (EC) No 842/2006 of the European Parliament and of the Council  (2).

For fluorinated refrigerants, the GWP values shall be those published in the third assessment report (TAR) adopted by the Intergovernmental Panel on Climate Change (2001 IPCC GWP values for a 100 year period)  (3).

For non-fluorinated gases, the GWP values are those published in the First IPCC assessment over a 100 year period  (4).

(12)

‘Off mode’ is a condition in which the air conditioner is connected to the mains power source and is not providing any function. Also considered as off mode are conditions providing only an indication of off mode condition, as well as conditions providing only functionalities intended to ensure electromagnetic compatibility pursuant to Directive 2004/108/EC of the European Parliament and of the Council;

(13)

‘Standby mode’ means a condition where the equipment (air conditioner) is connected to the mains power source, depends on energy input from the mains power source to work as intended and provides only the following functions, which may persist for an indefinite time: reactivation function, or reactivation function and only an indication of enabled reactivation function, and/or information or status display;

(14)

‘Reactivation function’ means a function facilitating the activation of other modes, including active mode, by remote switch including remote control, internal sensor, timer to a condition providing additional functions, including the main function;

(15)

‘Information or status display’ is a continuous function providing information or indicating the status of the equipment on a display, including clocks;

(16)

‘Sound power level’ means the A-weighted sound power level [dB(A)] indoors and/or outdoors measured at standard rating conditions for cooling (or heating, if the product has no cooling function);

(17)

‘Reference design conditions’ means the combination of requirements for the reference design temperature, the maximum bivalent temperature and the maximum operation limit temperature, as described in Table 5;

(18)

‘Reference design temperature’ means the outdoor temperature [°C] for either cooling (Tdesignc) or heating (Tdesignh) as described in Table 3, at which the part load ratio shall be equal to 1, and which varies according to the designated cooling or heating season. See also the explanation of the concept provided in Annex A;

(19)

‘Part load ratio’ (pl(Tj)) means the outdoor temperature minus 16°C, divided by the reference design temperature minus 16°C, for either cooling or heating;

(20)

‘Season’ means one of four sets of ambient conditions (available for four seasons: one cooling season, three heating seasons: average / colder / warmer) describing per bin the combination of outdoor temperatures and the number of hours these temperatures occur per season the unit is declared fit for purpose;

(21)

‘Bin’ (with index j) means a combination of an outdoor temperature (Tj) and bin hours (hj), as described in table 7;

(22)

‘Bin hours’ means the hours per season (hj) the outdoor temperature occurs for each bin, as described in table 7;

(23)

‘Seasonal energy efficiency ratio’ (SEER) is the overall energy efficiency ratio of the unit, representative for the whole cooling season, calculated as the Reference annual cooling demand divided by the Annual electricity consumption for cooling;

(24)

‘Reference annual cooling demand’ (QC ) means the reference cooling demand [kWh/a] to be used as basis for calculation of SEER and calculated as the product of the design load for cooling (Pdesignc) and the equivalent active mode hours for cooling (HCE );

(25)

‘Equivalent active mode hours for cooling’ (HCE ) means the assumed annual number of hours [hrs/a] the unit must provide the design load for cooling (Pdesignc) in order to satisfy the Reference annual cooling demand, as described in table 8;

(26)

‘Annual electricity consumption for cooling’ (QCE ) means the electricity consumption [kWh/a] required to meet the Reference annual cooling demand and is calculated as the Reference annual cooling demand divided by the active mode seasonal energy efficiency ratio (SEERon) and the electricity consumption of the unit for thermostat off-, standby-, off- and crankcase heater-mode during the cooling season;

(27)

‘Active mode seasonal energy efficiency ratio’ (SEERon) means the average energy efficiency ratio of the unit in active mode for the cooling function, constructed from part load and bin-specific energy efficiency ratio's (EERbin(Tj)) and weighted by the bin hours the bin condition occurs;

(28)

‘Part load’ means the cooling load (Pc(Tj)) or the heating load (Ph(Tj)) [kW] at a specific outdoor temperature Tj, calculated as the design load multiplied by the part load ratio;

(29)

‘Bin-specific energy efficiency ratio’ (EERbin(Tj)) means the energy efficiency ratio specific for every bin j with outdoor temperature Tj in a season, derived from the part load, declared capacity and declared energy efficiency ratio (EERd(Tj)) for specified bins (j) and calculated for other bins through inter/extrapolation, when necessary corrected by the degradation coefficient;

(30)

‘Seasonal coefficient of performance’ (SCOP) is the overall coefficient of performance of the unit, representative for the whole designated heating season (the value of SCOP pertains to a designated heating season), calculated as the Reference annual heating demand divided by the Annual electricity consumption for heating;

(31)

‘Reference annual heating demand’ (QH ) means the reference heating demand [kWh/a], pertaining to a designated heating season, to be used as basis for calculation of SCOP and calculated as the product of the design load for heating (Pdesignh) and the seasonal equivalent active mode hours for heating (HHE);

(32)

‘Equivalent active mode hours for heating’ (HHE ) means the assumed annual number of hours [hrs/a] the unit must provide the design load for heating (Pdesignh) in order to satisfy the Reference annual heating demand, as described in table 8;

(33)

‘Annual electricity consumption for heating’ (QHE ) means the electricity consumption [kWh/a] required to meet the indicated Reference annual heating demand and which pertains to a designated heating season; and is calculated as the Reference annual heating demand divided by the active mode seasonal coefficient of performance (SCOPon) and the electricity consumption of the unit for thermostat off-, standby-, off- and crankcase heater-mode during the heating season;

(34)

‘Active mode seasonal coefficient of performance’ (SCOPon) means the average coefficient of performance of the unit in active mode for the designated heating season, constructed from the part load, electric back up heating capacity (where required) and bin-specific coefficients of performance (COPbin(Tj) and weighted by the bin hours the bin condition occurs;

(35)

‘Electric back-up heater capacity’ (elbu(Tj)) is the heating capacity [kW] of a real or assumed electric back-up heater with COP of 1 that supplements the declared capacity for heating (Pdh(Tj)) in order to meet the part load for heating (Ph(Tj)) in case Pdh(Tj) is less than Ph(Tj), for the outdoor temperature (Tj);

(36)

‘Bin-specific coefficient of performance’ (COPbin(Tj)) means the coefficient of performance specific for every bin j with outdoor temperature Tj in a season, derived from the part load, declared capacity and declared coefficient of performance (COPd(Tj)) for specified bins (j) and calculated for other bins through inter/extrapolation, when necessary corrected by the degradation coefficient;

(37)

‘Declared capacity’ [kW] is the capacity of the vapour compression cycle of the unit for cooling (Pdc(Tj)) or heating (Pdh(Tj)), pertaining to an outdoor temperature Tj and indoor temperature (Tin), as declared by the manufacturer;

(38)

‘Capacity control’ means the ability of the unit to change its capacity by changing the volumetric flow rate. Units are to be indicated as ‘fixed’ if the unit can not change its volumetric flow rate, ‧staged‧ if the volumetric flow rate is changed or varied in series of not more than two steps, or ‧variable‧ if the volumetric flow rate is changed or varied in series of three or more steps;

(39)

‘Function’ means the indication of whether the unit is capable of indoor air cooling, indoor air heating or both;

(40)

‘Design load’ means the declared cooling load (Pdesignc) and/or declared heating load (Pdesignh) [kW] at the reference design temperature, whereby

(41)

‘Declared energy efficiency ratio’ (EERd(Tj)) means the energy efficiency ratio at a limited number of specified bins (j) with outdoor temperature (Tj), as declared by the manufacturer;

(42)

‘Declared coefficient of performance’ (COPd(Tj)) means the coefficient of performance at a limited number of specified bins (j) with outdoor temperature (Tj), as declared by the manufacturer;

(43)

‘Bivalent temperature’ (Tbiv) means the outdoor temperature (Tj) [°C] declared by the manufacturer for heating at which the declared capacity equals the part load and below which the declared capacity must be supplemented with electric back up heater capacity in order to meet the part load for heating;

(44)

‘Operation limit temperature’ (Tol) means the outdoor temperature [°C] declared by the manufacturer for heating, below which air conditioner will not be able to deliver any heating capacity. Below this temperature, the declared capacity is equal to zero;

(45)

‘Cycling interval capacity’ [kW] is the (time-weighted) average of the declared capacity over the cycling test interval for cooling (Pcycc) or heating (Pcych);

(46)

‘Cycling interval efficiency for cooling’ (EERcyc) is the average energy efficiency ratio over the cycling test interval (compressor switching on and off), calculated as the integrated cooling capacity over the interval [kWh] divided by the integrated electric power input over that same interval [kWh];

(47)

‘Cycling interval efficiency for heating’ (COPcyc) is the average coefficient of performance over the cycling test interval (compressor switching on and off), calculated as the integrated heating capacity over the interval [kWh] divided by the integrated electric power input over that same interval [kWh];

(48)

‘Degradation coefficient’ is the measure of efficiency loss due to cycling (compressor switching on/off in active mode) established for cooling (Cdc), heating (Cdh) or chosen as default value 0.25;

(49)

‘Active mode’ means the mode corresponding to the hours with a cooling or heating load of the building and whereby the cooling or heating function of the unit is activated. This condition may involve on/off-cycling of the unit in order to reach or maintain a required indoor air temperature;

(50)

‘Thermostat-off mode’ means a mode corresponding to the hours with no cooling or heating load whereby the cooling or heating function of the unit is switched on but the unit is not operational as there is no cooling or heating load. This condition is therefore related to outdoor temperatures and not to indoor loads. Cycling on / off in active mode is not considered as thermostat off;

(51)

‘Crankcase heater operation mode’ means a condition where the unit has activated a heating device to avoid the refrigerant migrating to the compressor in order to limit the refrigerant concentration in oil at compressor start;

(52)

‘Thermostat-off mode power consumption’ (PTO ) means the power consumption of the unit [kW] while in thermostat-off mode;

(53)

‘Standby mode power consumption’ (PSB ) means the power consumption of the unit [kW] while in standby mode;

(54)

‘Off-mode power consumption’ (POFF ) means the power consumption of the unit [kW] while in off-mode;

(55)

‘Crankcase heater operation mode power consumption’ (PCK ) means the power consumption of the unit [kW] while in crankcase heater operation mode;

(56)

‘Thermostat-off mode operating hours’ (HTO ) means the annual number of hours [hrs/a] the unit is considered to be in thermostat-off mode, the value of which depends on the designated season and function;

(57)

‘Standby mode operating hours’ (HSB ) means the annual number of hours [hrs/a] the unit is considered to be in standby mode, the value of which depends on the designated season and function;

(58)

‘Off-mode operating hours’ (HOFF ) means the annual number of hours [hrs/a] the unit is considered to be in off-mode, the value of which depends on the designated season and function;

(59)

‘Crankcase heater mode operating hours’ (HCK ) means the annual number of hours [hrs/a] the unit is considered to be in crankcase heater operation mode, the value of which depends on the designated season and function;

(60)

‘Nominal air flow rate’ means the air flow rate [m3/h] measured at the air outlet of indoor and/or outdoor units (if applicable) of air conditioners at standard rating conditions for cooling (or heating, if the product has no cooling function);

(61)

‘Rated power input for cooling’ (PEER ) means the electric power input [kW] of a unit when providing cooling at standard rating conditions;

(62)

‘Rated power input for heating’ (PCOP ) means the electric power input [kW] of a unit when providing heating at standard rating conditions;

(63)

‘Electricity consumption of single / double ducts’ (QSD respectively QDD ) means the electricity consumption of single or double duct air conditioners for the cooling and/or heating mode (whichever applies) [single duct in kWh/60 min, double duct in kWh/60 min];

(64)

‘Capacity ratio’ means the ratio of the total declared cooling or heating capacity of all operating indoor units to the declared cooling or heating capacity of the outdoor unit(s) at standard rating conditions;

(65)

‘Tolerance’ means the deviation allowed for the declared capacity at outdoor temperature Tj to vary from the part load identified for the same outdoor temperature Tj as applied in the calculation of staged and variable capacity units.

Pdesignc is the design load for cooling [kW], equal to the declared capacity for cooling Pdc(Tj) at Tj = Tdesignc outdoor temperature;

HCE is the equivalent active mode hours for cooling [hrs], as provided in Table 8

QCE is the annual electricity consumption for cooling [kWh/a], calculated as:

Tj is the bin temperature assigned to bin with index j, from Table 7;

j is the bin index;

n is the amount of bins;

hj is the number of hours assigned to bin with index j, from Table 7;

Pc(Tj) is the part load for cooling at bin temperature Tj, calculated as:

Pdesignc is as defined above;

pl(Tj) is the part load ratio, calculated as (and complying with: pl(Tj) = 1.00 at Tj=Tdesignc):

Tdesignc is the cooling season reference design temperature in °C, from table 5;

EERbin(Tj) is the bin-specific energy efficiency ratio that applies to bin j, calculated according to the equations below for either fixed, staged or variable capacity units, where:

EERd(Tj) is the declared energy efficiency ratio at the specified outdoor temperature Tj, as declared by the manufacturer in Table 1;

Pc(Tj) is the part load at bin temperature Tj= 30, 25, 20 °C, as defined in equation 5.

Pdc(Tj) is the declared cooling capacity at the specified outdoor temperature Tj, as declared by the manufacturer in Table 1;

Cdc is the degradation factor for cooling, which is either the default value 0,25, or equal to Cdh (for heating) or determined by tests and calculated for Tj = 20 °C as:

EERcyc is the average energy efficiency ratio over the cycling test interval (active + off mode) calculated as the integrated cooling capacity over the interval [kWh] divided by the integrated electric power input over that same interval [kWh];

Pcycc is the (time-weighted) average cooling capacity output [kW] over the cycling test interval (active + off mode);

—

for bins j at outdoor temperatures between Tj < 35 °C and Tj > 20 °C and not corresponding to Tj = 30 °C or 25 °C, EERbin(Tj) shall be calculated using linear interpolation from the closest two anchor points.

—

for bins j with an outdoor temperature Tj higher than 35 °C EERbin(Tj) values shall have the same value as EERbin(Tj=35 °C).

—

for bins j with an outdoor temperature Tj lower than 20 °C EERbin(Tj) values shall have the same value as EERbin(Tj=20 °C).

EERd(Tj)hi and EERd(Tj)lo are declared efficiency values from Table 1;

Pdc(Tj)hi and Pdc(Tj)lo are declared capacity values from Table 1;

Pc(Tj) is the part load for bin j with Tj is 20, 25, 30 and 35 °C;

Cdc is the degradation factor for cooling, which is either the default value 0,25 or equal to Cdh (for heating) or determined by tests and calculated for Tj = 35 °C as:

EERcyc and Pcycc are as defined above;

EERbin(Tj) values for bins j with outdoor temperatures Tj other than Tj = 35, 30, 25 and 20 °C are calculated according to the same rules applicable to fixed capacity units.

tolerance, Pdc(Tj), Pdesignc, pl(Tj), EERbin(Tj) and EERd(Tj) are as defined above;

else: follow the calculation procedure for staged capacity units.

Pdesignh is the design load for heating [kW] which is calculated from the declared bivalent point Tbiv (Tbiv provides pl(Tj) for Tj=Tbiv) and the declared capacity Pdh(Tj) at Tj=Tbiv. As such Pdesignh, as declared in Table 1, represents the heat load at Tj=Tdesignh operation condition, where pl(Tj) = 1.00;

HHE is the equivalent active mode hours for heating [hrs], as provided in Table 8

QHE is the seasonal electricity consumption for heating [kWh/a], calculated as:

QH is as above;

HTO , HCK , HOFF , HSB are the number of seasonal operating hours (hrs/a) for heating in respectively thermostat-off, crankcase heater operation, off-mode and stand-by mode, given in Table 8;

PTO , PCK , POFF , PSB is the electric power input [kW] in respectively thermostat-off, crankcase heater operation, off- and stand-by mode;

SCOPon is the average seasonal coefficient of performance, constructed from bin-specific coefficients of performance, and weighted by the seasonal hours the bin condition occurs, and including back up power consumption for bins where Pdh(Tj) < Ph(Tj):

Tj, j, n, and hj are as defined before;

Ph(Tj) is the heating load at bin j, calculated as:

Tdesignh is the heating season reference design temperature in °C, from Table 5, which is determined by the designated heating season;

elbu(Tj) is the capacity of a back up heater [kW] for bin j, needed to meet the heating part load if the declared capacity does not suffice, calculated as:

Pdh(Tj) is the declared heating capacity applicable to bin j, to be calculated using the declared values of Pdh(Tj) at testing points Tj = – 15, – 7, 2, 7, 12 °C and/or Tbiv, the availability of which depends on which heating season is designated (see table 6 for required declaration points per heating season). Pdh(Tj) for other bins than specified shall be calculated through linear interpolation of declared capacities Pdh(Tj) at the nearest outdoor temperatures.

Only in case of the average heating season and the colder heating season not being one of the designated seasons (i.e. COP(– 15) is not available) an exception to this rule can be made whereby the COPbin(Tj) values for outdoor temperatures – 8, – 9 and – 10 °C can be linearly extrapolated from the COPd(Tj) of the anchor points at – 7 °C and 7 °C for fixed capacity units. For variable capacity units, these values shall be extrapolated from COPd(– 7) and COPd(Tbiv). In case Tbiv = – 7 °C, COP(– 8), COP(– 9), and COP(– 10) shall be assumed to equal to COP(– 7);

If the designated heating season is ‧colder‧, and the lowest Pdh is at – 15 °C, the capacities for Pdh with Tj < – 15 °C shall be based on extrapolations from values at Tj = – 15 °C and – 7 °C.

COPbin(Tj) is the bin-specific coefficient of performance that applies to bin j, calculated according to the equations below for either fixed, staged or variable capacity, where:

COPd(Tj) is the coefficient of performance at the specified outdoor temperature Tj, as declared by the manufacturer in Table 1;

Pdh(Tj) is the heating capacity at the specified outdoor temperature Tj, as declared by the manufacturer in Table 1;

Ph(Tj) is the part load in kW at the specified outdoor temperature Tj, as defined in equation 5.

Cdh is the degradation factor for heating, either taken as default value 0,25 or equal to Cdc (for cooling) or determined by tests and calculated for Tj = 12 °C as:

COPcyc is is the average coefficient of performance over the cycling test interval (active + off mode) calculated as the integrated heating capacity over the interval [kWh] divided by the integrated electric power input over that same interval [kWh];

Pcych is the (time-weighted) average heating capacity output [kW] over the cycling test interval (active + off mode);

Values for COPbin(Tj) at other bins shall be calcutaled as follows:

COPd(Tj) hi and COPd(Tj)lo are declared coefficient of performance values in Table 1;

Pdh(Tj) hi and Pdh(Tj)lo are declared values in Table 1;

Ph(Tj) is the heat load for bin j with Tj is 7, 2, – 7, – 15 °C (see footnote 6, 7);

Cdhlo is the degradation factor for heating, which is either the default value 0,25, or equal to Cdc (for cooling) or determined by tests and calculated for Tj = 12 °C as:

COPcyc and Pcych are as defined before;

COPbin(Tj) values for bins j with outdoor temperatures Tj other than Tj = 7, 2, – 7, – 15 °C (see footnote 6, 7) are calculated according to the same rules as those applying to fixed capacity units.

tolerance, Pdh(Tj), Pdesignh, pl(Tj), COPbin(Tj) and COPd(Tj) are as defined before;

else: follow the calculation procedure for staged capacity units.

Pdc(Tj) is the declared capacity for cooling in kW, at standard rating conditions as required in Table 4;

PEER is the total electric power input to the appliance in kW, at standard rating conditions as required in Table 4.

Pdh(Tj) is the declared capacity for heating in kW (of the vapour compression cycle only), at standard rating conditions as described in Table 4;

PCOP is the total electric power input to the appliance in kW, at standard rating conditions as described in Table 4.

HCE, HHE, HTO, HSB, HOFF, HCK are the number of operating hours (h) for cooling respectively heating in respectively active mode, thermostat-off mode, stand-by mode, off-mode and crankcase heater operation mode, as described in Table 8;

PEER, PCOP, PTO, PSB, POFF, PCK are the average electric power consumption values for respectively rated power input for cooling (PEER ) or heating (PCOP ) in thermostat-off mode, stand-by mode, off-mode and crankcase heater operation mode, as declared by the manufacturer.

(1)

‘Comfort fan’ means an appliance primarily designed for creating air movement around or on part of a human body for personal cooling comfort, including comfort fans that can perform additional functionalities such as lighting;

(2)

‘Fan power input’ (PF) means the electric power input of a ‘comfort fan’ in Watt operating at the declared maximum fan flow rate, measured with the oscillation mechanism active (if /when applicable).

(3)

‧Service value‧ (SV) [(m3/min)/W] means for comfort fans the ratio of the maximum fan flow rate [m3/min] and the fan power input [W];

(4)

‧Maximum fan flow rate‧ (F) means the air flow rate of the comfort fan at its maximum setting [m3/min], measured at the fan outlet with the oscillating mechanism (if applicable) turned off;

(5)

‧Oscillating mechanism‧ means the capability of the comfort fan to automatically vary the direction of the air flow while the fan is operating;

(6)

‧Fan electricity consumption‧ (Q) [kWh/a] means the annual electricity consumption of the comfort fan;

(7)

‧Fan sound power level‧ means the A-weighted sound power level of the comfort fan while providing the maximum fan flow rate, measured at the outlet side;

(8)

‘Fan active mode hours’ (HCE ) means the number of hours [hrs/a] the comfort fan is assumed to provide the maximum fan flow rate, as described in part 2, table 10.

F is the maximum fan flow rate [m3/min];

PF is the fan power input [W].

HCE , HSB are the number of operating hours in respectively active mode and stand-by mode, taken from Table 10 [hrs/a];

PF is the nominal fan power input [kW];

PSB is the power consumption in stand-by mode [kW].

—

relevant charts and sampled value tables of temperatures, relative humidity values, part loads, flow rates, electric voltage/ frequency/ harmonic distortion during the test period(s) and for all relevant test points;

—

description of the test method(s) as applicable, laboratory space and ambient conditions, physical test rig set up specifying position of data capturing devices (e.g. sensors) and data processing equipment, as well as the operating range and measurement accuracy;

—

settings of the unit being tested, description of the function of automatic switching of settings (e.g. between off mode and standby mode);

—

description of the test sequence followed, e.g. to arrive at equilibrium conditions as applicable.

16.6.2012   

EN

Official Journal of the European Union

C 172/27

Commission européenne

Direction générale de la concurrence

Greffe des aides d'État

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

Fax +32 22961242

—

In April 2001, VFAB and Ryanair agreed that the latter would start operating low-cost flights on at least a daily basis at Västerås airport (hereinafter ‘the 2001 Agreement’). The agreement had a duration of […] (1) years and concluded that Ryanair would operate at the airport during normal opening hours. Ryanair would pay airport charges (2) at a fixed unit price per passenger on its flights. The service from VFAB to Ryanair was limited and Ryanair guaranteed a minimum of […] (1) departing passengers per year for each rotation. In addition, VFAB would pay Ryanair SEK […] (1) in marketing support.

—

In an addendum to the 2001 Agreement, the airport charges applicable to Ryanair at Västerås airport were lowered and variation in the charges applicable was introduced based on the number of daily rotations carried out by Ryanair.

—

In January 2005, VFAB and Ryanair entered into a new agreement (hereinafter ‘the 2005 Agreement’), which replaced the previous one and had a duration of […] (1) years. Ryanair became bound to carry out […] (1) and the airport charge was […] (1).

—

In 2008 and 2010, VFAB and Ryanair agreed on two further marketing deals for which VFAB would pay Ryanair ca. EUR […] (1) in total. In return VFAB will receive marketing services of Ryanair, mainly by being present on Ryanair's UK and SE starting webpages. In addition, if Ryanair started a new route, VFAB agreed to […] (1).

(1)

Shareholders' contributions provided to VFAB between 2003 and 2010: The Swedish authorities claim that the owners of VFAB acted in line with the market economy investor principle when providing the shareholders' contributions and that VFAB is kept in business because its owner sees long-term financial prospects. However, Sweden has not provided any convincing evidence supporting this claim. It seems on the contrary doubtful that a market investor, without a detailed business plan, would have continuously covered the substantial losses of VFAB during the last ten years. The Swedish authorities have not claimed that VFAB is subject to a public service obligation and that the contributions would have been compensations therefore.

(2)

Reduced rent paid by VFAB for its use of the airport infrastructure: As for the annual rent paid by VFAB for the use of the infrastructure, it seems to be set below the market price and would thus constitute an economic advantage to VFAB.

(3)

Operating state support for non State-owned airports: With respect to the operating support provided to airports that are not directly owned by the State, it provides the recipients with an economic advantage.

(4)

Airport charges applicable to Ryanair during 2001 until 2010: The Swedish authorities argue that VFAB was acting as a market economy investor when entering into the agreements with Ryanair. As regards the airport charges, the ones applicable to Ryanair are essentially lower than the ones of e.g. SAS. Sweden claims that this is due to the fact that Ryanair uses the airport services to a smaller extent than SAS, refrained from operation in peak-hours and was willing to sign a contract with long duration. This was considered to give the airport more long-term financial security. Although it is true that the service provided to Ryanair in return for the charge is more limited, the Swedish authorities have not submitted calculations (business plan, etc) showing that the applicable charge actually corresponds to this reduced service level. They have submitted calculations indicating that a Ryanair passenger is more profitable for VFAB than a […] (1) passenger, which they explain is partly due to the fact that Ryanair passengers to a higher extent use the airport cafeteria and bar. However, there is no evidence of the assumptions on which these calculations rely and Sweden does not even argue that they were present by the time of the determination of the charges. Moreover, Ryanair is now the only airline active at the airport and the fact that the operating loss of VFAB has significantly increased after all other airlines has abandoned the airport runs contrary to Sweden's argumentation that Ryanair rotations are profitable for VFAB.

(5)

Marketing support granted by VFAB to Ryanair/AMS in 2001, 2008 and 2010: First, it is noted that, on the basis of the available information, it appears that EU public procurement rules were not complied with, since no tendering procedure took place for the award of the marketing agreements. The Swedish authorities claim that this is in line with industry practice and submits evidence of an announcement by Arlanda airport to attract new routes via market support. However, according to that announcement, such marketing support seems to be provided under considerably less generous conditions than the ones VFAB provided to Ryanair/AMS. In addition, it seems to apply to all airline operators, while in this case we are not aware that marketing support has been provided at the same conditions to any other airline active at Västerås airport.