EXPLANATORY MEMORANDUM

1.CONTEXT OF THE DELEGATED ACT

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

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 the closest 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’ to one decimal, 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.

Commission Delegated Regulation (EU) 2019/2013 providing for energy labelling of electronic displays was last amended by Commission Delegated Regulation (EU) 2021/340. The objective was to correct errors, bring it in line with the corresponding ecodesign act, and to add definitions of declared values. The following issues remain to be corrected.

In Annex II, point B, Table 3, the correction factor for digital signage displays needs to apply only to those with a luminance higher than 500 cd/m2, to account for their operation in high ambient light conditions. It must not, therefore, penalise signage displays with luminance lower than 500 cd/m2.

In Annex III, points 1.VI and 1.VIII, it needs to be clarified that the calculation of the ‘on mode energy consumption’ to be displayed on the label must use the same parameter Pmeasured used to calculate the energy efficiency index for the labelling class.

In Annex III, point 2(a), it needs to be clarified that the smaller label permitted for smaller displays can be scaled down to a maximum of 60% of the normal width and height of the default label and not of its area.

In Annex VI, Table 5, it needs to be clarified that the parameters ‘Peak white luminance of the brightest on mode configuration’ and ‘Peak white luminance ratio)’ are required to be declared only if the value of row 25 ‘Peak white luminance of the normal configuration’ is less than 150 cd/m2 for a monitor or 220 cd/m2 for other display types. This is to be consistent with the ecodesign requirements. Otherwise the declaration, measurement and verification of those parameters is superfluous.

In Annex IX, Table 6, it needs to be specified that verification tolerances apply to ‘Peak white luminance of the normal configuration’ and ‘Peak white luminance of the brightest on mode configuration (where applicable)’.

The Commission therefore proposes to correct Commission Delegated Regulation (EU) 2019/2013 on the above-mentioned issue.

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 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 16 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.

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.

In Commission Delegated Regulation (EU) 2019/2013 on the energy labelling of electronic displays, Annex II point B Table 3, Annex III point 1.VI, 1.VIII and 2.(a), Annex VI Table 5 and Annex IX Table 6 are corrected .

In Commission Delegated Regulation (EU) 2019/2015 on the energy labelling of light sources, points 1(e)(9), (11) and (12) in Annex VI are corrected ; the range for the parameter R9 in Annex IX is deleted.

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.

3.2.Subsidiarity principle

The adoption of varying energy labelling measures by individual Member States would create obstacles to the free movement of goods within the EU. Such measures (and any corrections to them) must therefore have the same content throughout the EU. In line with the principle of subsidiarity, it is thus appropriate for this measure to be adopted at EU level.

3.3.Proportionality principle

In accordance with the principle of proportionality, this measure does not go beyond what is necessary to achieve the objective. It clarifies existing requirements in order to improve their application.

3.4.Choice of instrument

The proposed form of action is a correction to the previous Commission Delegated Regulations adopted under the Energy Labelling Framework Regulation (EU) 2017/1369. Only by including the proposed corrections on the previous legal acts, can these requirements be fully harmonised throughout the EU.

4.BUDGETARY IMPLICATIONS

The proposal has no implications for the EU budget.

5.ADDITIONAL INFORMATION

5.1.Review/revision/sunset clause

The proposed act includes no review clause because it only corrects a number of Commission Delegated Regulations that already contain review clauses, which remain unchanged.

5.2.European Economic Area

The proposed act ensures the functioning of internal market measures and should therefore be considered as relevant for the EEA.

COMMISSION DELEGATED REGULATION (EU) …/...

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correcting Delegated Regulations (EU) No 626/2011, (EU) 2019/2013, (EU) 2019/2015, (EU) 2019/2016 and (EU) 2019/2018 with regard to energy labelling requirements of air conditioners, electronic displays, 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) 2019/2013, (EU) 219/2015, (EU) 2019/2016 and (EU) 2019/2018 established provisions on the energy labelling of respectively air conditioners, electronic displays, light sources, refrigerating appliances and refrigerating appliances with a direct sales function.

(2)Delegated Regulation (EU) No 626/2011 contains an errors 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 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)Delegated Regulation (EU) 2019/2013 contains an error in Annex II regarding the correction factor for digital signage displays that should be specified to apply only to those with a high luminance.

(6)Delegated Regulation (EU) 2019/2013 lacks clarity in Annex III regarding the determination of the “on mode energy consumption” displayed on the label which should be consistent with the energy efficiency index used for the labelling class.

(7)Delegated Regulation (EU) 2019/2013 provides for the possibility to scale down labels for small displays. That should be better specified by referring to the normal width and height of the label.

(8)Annex VI to Delegated Regulation (EU) 2019/2013requires the declaration of peak white luminance parameters. Further conditions should be added to that requirement to make it consistent with the corresponding ecodesign requirements.

(9)Annex IX to Delegated Regulation (EU) 2019/2013, specifies verification tolerances generally applicable to “Peak white luminance” parameters. Two specific parameters should be explicitly mentioned instead.

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

(11)Annex IX to Delegated Regulation (EU) 2019/2015 should be corrected as the parameter CRI and R9 under should refer to CRI instead.

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

(13)Delegated Regulation (EU) 2019/2018 contains an error in Annex IV, as the reference to Table 4 has been omitted.    

(14)Delegated Regulations (EU) No 626/2011, (EU) 2019/2013, (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

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

Article 2

Corrections to Delegated Regulation (EU) 2019/2013

Annexes II, III, VI and IX to Delegated Regulation (EU) 2019/2013 are corrected as set out in Annex II to this Regulation.

Article 3

Corrections to Delegated Regulation (EU) 2019/2015

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

Article 4

Corrections to Delegated Regulation (EU) 2019/2016

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

Article 5

Corrections to Delegated Regulation (EU) 2019/2018

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

Article 6

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,

   For the Commission

   The President
   Ursula VON DER LEYEN


ANNEX I

Annexes I and III to Delegated Regulation (EU) No 626/2011 are corrected as follows:

(1)in point (47) of Annex I, , the abbreviation “kWh/a” is replaced by “kWh/h”;

(2)Annex III is corrected as follows:

(a)points 1.1.(a).V to VIII are replaced by the following:

‘V. for cooling mode: design load in kW, rounded to one decimal;

VI. for heating mode: design load in kW, for up to 3 heating seasons rounded to one decimal. Values for heating seasons for which the design load is not provided shall be indicated as ‘X’;

VII. for cooling mode: seasonal energy efficiency ratio (SEER value), rounded to one decimal;

VIII. for heating mode: seasonal coefficient of performance (SCOP value), for up to 3 heating seasons rounded to one decimal. Values for heating seasons for which SCOP is not provided shall be indicated as ‘X’;

(b)in point 1.5.(iv).10, the introductory wording is replaced by the following:

‘SCOP and SEER values, rounded to one decimal:’;

(c)points 2.1.(a).V and VI are replaced by the following:

‘V. design load for cooling in kW, rounded to one decimal;

VI. seasonal energy efficiency ratio (SEER value), rounded to one decimal;

(d)in point 2.5.(iv).10, the introductory wording is replaced by the following:

‘SEER value rounded to one decimal:’;

(e)points 3.1.(a).V and VI are replaced by the following:

‘V. design load for heating in kW, for up to 3 heating seasons rounded to one decimal. Values for heating seasons for which design load is not provided shall be indicated as ‘X’;

VI. seasonal coefficient of performance (SCOP) for up to 3 heating seasons rounded to one decimal. Values for heating seasons for which SCOP is not provided shall be indicated as ‘X’;

(f)in point 3.5.(iv).9, the introductory wording is replaced by the following:

‘SCOP values, rounded to one decimal:’;

(g)points 4.1.(a).V, VI and VII are replaced by the following:

‘V. Rated capacity for cooling and heating mode in kW, rounded to one decimal;

VI. EERrated and COPrated, rounded to one decimal;

VII. hourly energy consumption in kWh per 60 minutes, for cooling and heating mode, rounded to one decimal;’;

(h)in point 4.2.(iv).11, the introductory wording is replaced by the following:

‘COP and EER values, rounded to one decimal:’;

(i)in point 4.2.(iv).12, the second indent is replaced by the following:

‘— Value ‘X,Y’: Calibri bold 22 pt, 100 % black.’;

(j)points 4.3.(a).V, VI and VII are replaced by the following:

‘V. Rated capacity for cooling in kW, rounded to one decimal;

VI. EERrated, rounded to one decimal;

VII. hourly energy consumption in kWh per 60 minutes, rounded to one decimal;’;

(k)in point 4.4.(iv).11, the introductory wording is replaced by the following:

‘EER value, rounded to one decimal:’;

(l)in point 4.4.(iv).12, the second indent is replaced by the following:

‘— Value ‘X,Y’: Calibri bold 22 pt, 100 % black.’;

(m)points 4.5.(a).V, VI and VII are replaced by the following:

‘V. rated capacity for heating in kW, rounded to one decimal;

VI. COPrated, rounded to one decimal;

VII. hourly energy consumption in kWh per 60 minutes, rounded to one decimal;’;

(n)in point 4.6.(iv).11, the introductory wording is replaced by the following:

‘COP value, rounded to one decimal:’;

(o)in point 4.6.(iv).12, the second indent is replaced by the following:

‘— Value ‘X,Y’: Calibri bold 22 pt, 100 % black.’;

(p)points 5.1.(a).V, VI and VII are replaced by the following:

‘V. rated capacity for cooling and heating mode in kW, rounded to one decimal;

VI. EERrated and COPrated, rounded to one decimal;

VII. hourly energy consumption in kWh per 60 minutes, for cooling and heating, rounded to one decimal;’;

(q)in point 5.2.(iv).11, the introductory wording is replaced by the following:

‘EER and COP values, rounded to one decimal:’;

(r)in point 5.2.(iv).12, the second indent is replaced by the following:

‘— Value ‘X,Y’: Calibri bold 22 pt, 100 % black.’;

(s)points 5.3.(a).V, VI and VII are replaced by the following:

‘V. rated capacity for cooling in kW, rounded to one decimal;

VI. EERrated, rounded to one decimal;

VII. hourly energy consumption in kWh per 60 minutes, rounded to one decimal;’;

(t)in point 5.4.(iv).11, the introductory wording is replaced by the following:

‘EER value, rounded to one decimal:’;

(u)in point 5.4.(iv).12, the second indent is replaced by the following:

‘— Value ‘X,Y’: Calibri bold 22 pt, 100 % black.’;

(v)points 5.5.(a).V, VI and VII are replaced by the following:

‘V. rated capacity for heating in kW, rounded to one decimal;

VI. COPrated, rounded to one decimal;

VII. hourly energy consumption in kWh per 60 minutes, rounded to one decimal;’;

(w)in point 5.6.(iv).11, the introductory wording is replaced by the following:

‘COP value, rounded to one decimal:’;

(x)in point 5.6.(iv).12, the second indent is replaced by the following:

‘— Value ‘X,Y’: Calibri bold 22 pt, 100 % black.’.

ANNEX II

Annexes II, III, VI and IX to Delegated Regulation (EU) 2019/2013 are corrected as follows:

(1)Annex II, point B is corrected as follows:

(a)in Table 3, the fourth row of the second column is replaced by the following:

“0,00062 *(lum-500)*A , for lum ≥ 500;

0,0 , for lum < 500

where ‘lum’ is the peak white luminance, in cd/m2, of the brightest on mode configuration of the electronic display and A is the screen area in dm2“;

(b)the following paragraphs are added:

“The declared value of the on mode power PmeasuredSDR as listed in Table 5 of Annex VI shall be used for the calculation of the on mode energy consumption in kWh per 1 000 h, when playing SDR content.

The declared value of the on mode power PmeasuredHDR as listed in Table 5 of Annex VI shall be used for the calculation of the on mode energy consumption in kWh per 1 000 h, when playing HDR content.”;

(2)Annex III is corrected as follows:

(a)point 1.VI is replaced by the following:

“VI. on mode energy consumption in kWh per 1 000 h, when playing SDR content, rounded to the nearest integer, calculated using the value of PmeasuredSDR.”;

(b)point 1.VIII is replaced by the following:

“VIII. on mode energy consumption in kWh per 1 000 h, when playing HDR content, rounded to the nearest integer, calculated using the value of PmeasuredHDR.”;

(c)in point 2.(a), the third sentence is replaced by the following:

“For electronic displays with a size of the diagonal of the visible area less than 127 cm (50 inches), the label can be printed scaled down, but not less than 60 % of its normal width and height; its content shall nevertheless be proportionate to the specifications above and the QR code still readable by a commonly available QR reader, such as those integrated in a smartphone.”;

(3)in Annex VI, Table 5 is corrected as follows:

(a)in row 24, the second column is replaced by the following: [Adding a footnote could be misleading, because the current table already has one unnumbered footnote marked with an asterisk. Instead, a comment between the brackets could be added.]

“Peak white luminance of the brightest on mode configuration (to be declared only if the value of ‘Peak white luminance of the normal configuration’ in a 100 lux ambient light viewing environment is less than 220 cd/m2 or, if the electronic display is primarily intended for close viewing by a single user, less than 150 cd/m2)”;

(b)in row 26, the second column is replaced by the following:

“Peak white luminance ratio (calculated as value of ‘Peak white luminance of the normal configuration’ divided by value of ‘Peak white luminance of the brightest on mode configuration’ multiplied by 100, and to be declared only if the value of ‘Peak white luminance of the normal configuration’ in a 100 lux ambient light viewing environment is less than 220 cd/m2 or, if the electronic display is primarily intended for close viewing by a single user, less than 150 cd/m2)”;

(4)in Annex IX, Table 6, the seventh row of the first column is replaced by the following:

“Peak white luminance of the normal configuration and Peak white luminance of the brightest on mode configuration (where applicable)”.

ANNEX III

Annexes VI and IX to Delegated Regulation (EU) 2019/2015 are corrected as follows:

(1)in Annex VI, points 1.(e)(11) and 1.(e)(12) are replaced by the following:

‘(11) flicker metric (PstLM) for LED and OLED mains light sources;

(12) stroboscopic effect metric (SVM) for LED and OLED mains light sources;’;

(2)in Annex IX, Table 9, the eleventh row of the first column is replaced by the following:

‘CRI [0-100] and R9’.

ANNEX IV

In point 1, Table 7, section ‘Compartment specifications’, the thirteenth row (‘2-star section’) of the fifth column (‘thermodynamic parameter (rc)’), of Annex VI to Delegated Regulation (EU) 2019/2016), “2,10” is replaced by “1,80”.

ANNEX V

In point 2(b) of Annex IV of Delegated Regulation (EU) 2019/2018, the first indent is replaced by the following:

“— 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.”.