1996L0057 — EN — 21.03.2008 — 002.001

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This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents

►B	DIRECTIVE 96/57/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 3 September 1996 on energy efficiency requirements for household electric refrigerators, freezers and combinations thereof (OJ L 236, 18.9.1996, p.36)

Amended by:

		Official Journal
		No	page	date
►M1	DIRECTIVE 2005/32/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 July 2005	L 191	29	22.7.2005
►M2	DIRECTIVE 2008/28/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2008	L 81	48	20.3.2008

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▼B

DIRECTIVE 96/57/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 3 September 1996

on energy efficiency requirements for household electric refrigerators, freezers and combinations thereof

Article 1

This Directive shall apply to new electric mains-operated household refrigerators, frozen food storage cabinets, food freezers, and combinations of these as defined in Annex I and referred to hereafter as ‘refrigeration appliances’. Appliances which can also use other energy sources, particularly accumulators, and household refrigeration appliances working on the absorption principle and appliances manufactured on a one-off basis shall be excluded.

Article 2

1.  Member States shall take all necessary measures to ensure that refrigeration appliances covered by this Directive can be placed on the Community market only if the electricity consumption of the appliance in question is less than or equal to the maximum allowable electricity consumption value for its category as calculated according to the procedures defined in Annex I.

2.  The manufacturer of a refrigeration appliance covered by this Directive, his authorized representative established in the Community or the person responsible for placing the appliance on the Community market shall be responsible for ensuring that each appliance placed on the market conforms with the requirement referred to in paragraph 1.

Article 3

1.  Member States may not prohibit, restrict or impede the placing on the market in their territory of refrigeration appliances which bear the ‘CE’ marking attesting to their conformity with all the provisions of this Directive.

2.  Unless they have evidence to the contrary, Member States shall presume that refrigeration appliances bearing the ‘CE’ marking required under Article 5 comply with all the provisions of this Directive.

3.  

Article 4

The conformity assessment procedures and the obligations relating to the ‘CE’ marking of refrigeration appliances are laid down in Annex II.

Article 5

1.  When appliances are placed on the market, they must bear the ‘CE’ marking, which shall consist of the initials ‘CE’. The form of the marking to be used is shown in Annex III. The ‘CE’ marking shall be affixed visibly, legibly and indelibly to refrigeration appliances and, where appropriate, to the packaging.

2.  The affixing on refrigeration appliances of any markings which are likely to mislead third parties as to the meaning and form of the ‘CE’ marking shall be prohibited. Any other marking may be affixed to the appliances, their packaging, the instruction sheet or other documents, provided that the ‘CE’ marking remains visible and legible.

Article 6

1.  Where a Member State establishes that the ‘CE’ marking has been affixed improperly, the manufacturer or his authorized representative established within the Community shall be obliged to bring the product into conformity and to end the infringement in accordance with conditions imposesd by the Member State. Where neither the manufacturer nor his authorized representative is established within the Community, the person who places the refrigeration appliance on the Community market shall undertake these obligations.

2.  Where the product continues not to be in conformity, the Member State shall take all necessary measures pursuant to Article 7 to restrict or prohibit the placing on the market of the product in question or to ensure that it is withdrawn from the market.

Article 7

1.  Any decision taken pursuant to this Directive which contains a restriction on the placing on the market of refrigeration appliances shall state the precise grounds on which it is based. The party concerned shall be notified without delay of the decision and shall be informed at the same time of the possibilities and time limits regarding the legal remedies available to it under the laws in force in the Member State in question.

2.  The Member State shall immediately inform the Commission of any such measure, indicating the reasons for its decision. The Commission shall make this information known to the other Member States.

Article 8

Before the expiry of a period of four years from the adoption of this Directive, the Commission shall make an assessment of the results obtained as compared with those expected. With a view to advancing to a second stage in energy efficiency improvement, the Commission shall then consider, in consultation with the interested parties, the need to lay down a second set of appropriate measures for significantly improving the energy efficiency of household refrigeration appliances. In that case, each energy efficiency measure and the date of its entry into force will be based on energy efficiency levels which can be economically and technically justified in the light of the circumstances at the time. Any other measure judged appropriate to improve the efficiency of household refrigeration appliances shall also be considered.

Article 9

1.  Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive within a year of its adoption. They shall immediately inform the Commission thereof.

Member States shall apply these provisions on the expiry of a period of three years counting from the date of adoption of this Directive.

When Member States adopt these provisions, these shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

2.  Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field covered by this Directive.

3.  During a three-year period following adoption of this Directive, Member States shall permit the placing on the market of refrigeration appliances which comply with the same conditions as those which were applied on their territory at the date of adoption of this Directive.

▼M1

Article 9a

This Directive constitutes an implementing measure within the meaning of Article 15 of Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products ( 11 ) , with regard to energy efficiency during use, in accordance with that Directive, and may be amended or repealed ►M2  in accordance with Article 19(3) of Directive 2005/32/EC ◄ .

▼B

Article 10

This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.

Article 11

This Directive is addressed to the Member States.

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ANNEX I

METHOD FOR CALCULATING THE MAXIMUM ALLOWABLE ELECTRICITY CONSUMPTION OF A REFRIGERATION APPLIANCE AND PROCEDURE FOR CHECKING CONFORMITY

The electricity consumption of a refrigeration appliance (which may be expressed in kWh per 24 hours) is a function of the category of appliance to which it belongs (e.g. 1-star refrigerator, chest freezer, etc.), its volume and the energy efficiency of its construction, (thickness of insulation, compressor efficiency, etc.) and the difference between ambient temperature and the temperature inside the appliance. In setting energy efficiency standards therefore, allowance must be made for the main endogenous factors which influence energy consumption (i.e. the category of the appliance and its volume). For this reason the maximum allowable electricity consumption of a refrigeration appliance is defined by a linear equation which is a function of the volume of the appliance, with different equations laid down for each category of appliance.

To calculate the maximum allowable electricity consumption of a given appliance, it must therefore first be allocated to the appropriate category from the following list:

Because refrigeration appliances contain different compartments maintained at different temperatures, (which will significantly influence electricity consumption), maximum allowable electricity consumption is defined in practice as a function of the adjusted volume, which is the weighted sum of the volumes of the different compartments.

Thus, for the purposes of this Directive, the adjusted volume (Vadj) of a refrigeration appliance is defined as:

Vadj = Σ Vc × Wc × Fc × Cc

Wc = (25 - Tc) / 20

where Tc is the design temperture in each compartment (in °C),

where Vc is the net volume of a given type of compartment in the appliance and Fc is a factor which equals 1,2 for no frost compartments and 1 for other compartments,

The weighting co-efficients Xc and Yc for the different types of compartment are:

Both the adjusted volume and the net volume are expressed in litres.

The maximum allowable electricity consumption (Emax expressed in kWh per 24 hours calculated to two decimal places), for an appliance type with adjusted volume Vadj is defined by the following equations for each appliance category:

For refrigerators/freezers with more than two doors, or other appliances not covered above, the maximum allowable electricity consumption (Emax) is determined by the temperature and the star rating of the compartment with the lowest temperature, as follows:

Test procedures for checking whether an appliance complies with the electricity consumption requirements of this Directive

If the electricity consumption of a refrigeration appliance submitted for verification is less than or equal to Emax (the maximum allowable electricity consumption value for its category, as defined above), plus 15 %, the appliance is certified as conforming to the electricity consumption requirements of this Directive. If the electricity consumption of the appliance is greater than Emax plus 15 %, the electricity consumption of a further three appliances must be measured. If the arithmetic mean of the electricity consumptions of these three appliances is less than or equal to Emax plus 10 %, the appliance is certified as conforming to the electricity consumption requirements of this Directive. If the arithmetic mean exceeds Emax plus 10 %, the appliance must be judged not to conform to the electricity consumption requirements of this Directive.

Definitions

The terms used in this Annex correspond to the definitions in European Standard EN 153 of July 1995 laid down by the European Committee for Standardization.

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ANNEX II

CONFORMITY ASSESSMENT PROCEDURES (MODULE A)

1.

This module describes the procedure whereby the manufacturer or his authorized representative established within the Community, who carries out the obligations laid down in point 2, ensures and declares that the refrigeration appliance satisfies the relevant requirements of this Directive. The manufacturer must affix the ‘CE’ marking to each refrigeration appliance which he manufactures and draw up a written declaration of conformity.

2.

The manufacturer must establish the technical documentation described in paragraph 3 and he or his authorized representative established within the Community must keep it at the disposal of the relevant national authorities for inspection purposes for a period of not less than three years from the date on which the last appliance has been manufactured. Where neither the manufacturer nor his authorized representative is established within the Community, the obligation to keep the technical documentation available is the responsibility of the person who places the refrigeration appliance on the Community market.

3.

Technical documentation must enable the conformity of the refrigeration appliance with the requirements of this Directive to be assessed. It must, as far as relevant for such assessment, cover the design, manufacture and operation of the refrigeration appliance and comprise: (i) the name and the address of the manufacturer; (ii) a general description of the model sufficient for unambiguous identification; (iii) information, including drawings as relevant, on the main design features of the model and in particular on items which appreciably affect its electricity consumption, such as dimensions, volume(s), compressor characteristics, special features, etc.; (iv) the operating instructions, if any; (v) the results of electricity consumption measurements carried out as required by point 5; (vi) details of the conformity of these measurements as compared to the energy consumption requirements set out in Annex I.

4.	Technical documentation established for other Community legislation may be used in so far as it meets the requirements of this Annex.

5.

Manufacturers of refrigeration appliances are responsible for establishing the electricity consumption of each refrigeration appliance covered by this Directive according to the procedures specified in European Standard EN 153, as well as the appliance's conformity with the requirements of Article 2.

6.	The manufacturer or his authorized representative must keep a copy of the declaration of conformity with the technical documentation.

7.	The manufacturer must take all measures necessary in order that the manufacturing process ensures that the manufactured refrigeration appliances comply with the technical documentation referred to in point 2 and with the relevant requirements of the Directive.

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ANNEX III

‘CE’ CONFORMITY MARKING

The conformity marking shall consist of the initials ‘CE’ taking the following form:

If the ‘CE’ marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.

The various components of the ‘CE’ marking must have substantially the same vertical dimension, which may not be less than 5 mm.

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( 1 ) OJ No C 390, 31.12.1994, p. 30; and OJ No C 49, 20.2.1996, p. 10.

( 2 ) OJ No C 155, 21.6.1995, p. 18.

( 3 ) Opinion of the European Parliament of 26 October 1995 (OJ No C 308, 20.11.1995, p. 134), Council common position of 11 March 1996 (OJ No C 120, 24.4.1996, p. 10) and Decision of the European Parliament of 18 June 1996 (OJ No C 198, 8.7.1996).

( 4 ) OJ No C 20, 22.1.1985, p. 1.

( 5 ) OJ No L 157, 9.6.1989, p. 32.

( 6 ) OJ No L 307, 8.11.1991, p. 34.

( 7 ) OJ No L 297, 13.10.1992, p. 16.

( 8 ) OJ No L 45, 17.2.1994, p. 1.

( 9 ) OJ No C 136, 4.6.1985, p. 1.

( 10 ) OJ No L 220, 30.8.1993, p. 23.

( 11 ) OJ L 191, 22.7.2005, p. 29.