Commission Regulation (EU) 2021/341 of 23 February 2021 amending Regulations (EU) 2019/424, (EU) 2019/1781, (EU) 2019/2019, (EU) 2019/2020, (EU) 2019/2021, (EU) 2019/2022, (EU) 2019/2023 and (EU) 2019/2024 with regard to ecodesign requirements for servers and data storage products, electric motors and variable speed drives, refrigerating appliances, light sources and separate control gears, electronic displays, household dishwashers, household washing machines and household washer-dryers and refrigerating appliances with a direct sales function (Text with EEA relevance)

‘2 For the purposes of the conformity assessment pursuant to Article 8 of Directive 2009/125/EC, the technical documentation shall contain a copy of the product information provided in accordance with point 3.4 of Annex II and the details and results of the calculations set out in Annex III and, where applicable, Annex II.2 to this Regulation.’;

The manufacturer, importer or authorised representative shall not place on the market products designed to be able to detect they are being tested (for example by recognising the test conditions or test cycle) and to react specifically by automatically altering their performance during the test with the aim of reaching a more favourable level for any of the parameters in the technical documentation or included in any documentation provided.’;

Regulation (EU) 2019/1781 is amended as follows: (1) Article 2 is amended as follows: (a) in point (2), point (m) is replaced by the following: ‘(m) motors placed on the market before 1 July 2029 as substitutes for identical motors integrated in products placed on the market before 1 July 2021 for motors referred to in Annex I.1 (a), and before 1 July 2023 for motors referred to in Annex I.1 (b), and specifically marketed as such;’; (b) in point (3), point (e) is inserted: ‘(e) VSDs consisting of a single cabinet, comprising VSDs which are all in conformity with this Regulation.’; (2) Article 3 is amended as follows: (a) point (2) is replaced by the following: ‘(2) “variable speed drive” (“VSD”) means an electronic power converter that continuously adapts the electrical power supplied to a single motor to control the motor’s mechanical power output according to the torque-speed characteristic of the load driven by the motor, by adjusting the power supply to a variable frequency and voltage supplied to the motor. It includes all protection devices and auxiliaries which are integrated in the VSD.’; (b) point (23) is added: ‘(23) “declared values” means the values provided by the manufacturer, importer or authorised representative for the stated, calculated or measured technical parameters in accordance with Article 5, for the verification of compliance by the Member State authorities.’; (3) Article 5 is amended as follows: (a) paragraph 2 is replaced by the following: ‘For the purposes of the conformity assessment pursuant to Article 8 of Directive 2009/125/EC, the technical documentation of motors shall contain a copy of the product information provided in accordance with point 2 of Annex I to this Regulation, and the details and results of calculations set out in Annex II to this Regulation, and where applicable Annex I.1’; (b) paragraph 3 is replaced by the following: ‘For the purposes of the conformity assessment pursuant to Article 8 of Directive 2009/125/EC, the technical documentation of VSDs shall contain a copy of the product information provided in accordance with point 4 of Annex I to this Regulation, and the details and results of calculations set out in Annex II to this Regulation, and where applicable Annex I.3’; (4) Annexes I, II and III are amended as set out in Annex II to this Regulation.

The manufacturer, importer or authorised representative shall not place on the market products designed to be able to detect they are being tested (for example by recognising the test conditions or test cycle) and to react specifically by automatically altering their performance during the test with the aim of reaching a more favourable level for any of the parameters in the technical documentation or included in any documentation provided. The energy consumption of the product and any of the other declared parameters shall not deteriorate after a software or firmware update when measured with the same test standard originally used for the declaration of conformity, except with explicit consent of the end-user prior to the update. No performance change shall occur as a result of rejecting the update. A software update shall never have the effect of changing the product's performance in a way that makes it non-compliant with the ecodesign requirements applicable for the declaration of conformity.’;

If no unit belonging to the same model or equivalent models was placed on the market before 1 November 2020, the units of models placed on the market between 1 November 2020 and 28 February 2021 which comply with the provisions of this regulation shall be considered compliant with the requirements of Commission Regulation (EC) No 643/2009.’;

The manufacturer, importer or authorised representative shall not place on the market products designed to be able to detect they are being tested (for example, by recognising the test conditions or test cycle) and to react specifically by automatically altering their performance during the test with the aim of reaching a more favourable level for any of the parameters in the technical documentation or included in any documentation provided. The energy consumption of the product and any of the other declared parameters shall not deteriorate after a software or firmware update when measured with the same test standard originally used for the declaration of conformity, except with explicit consent of the end-user prior to the update. No performance change shall occur as a result of rejecting the update. A software update shall never have the effect of changing the product's performance in a way that makes it non-compliant with the ecodesign requirements applicable for the declaration of conformity.’;

If no unit belonging to the same model or equivalent models was placed on the market before 1 July 2021, the units of models placed on the market between 1 July 2021 and 31 August 2021 which comply with the provisions of this regulation shall be considered compliant with the requirements of Commission Regulations (EC) No 244/2009, (EC) No 245/2009 and (EU) No 1194/2012.’;

‘2 For the purposes of conformity assessment pursuant to Article 8 of Directive 2009/125/EC, the technical documentation shall contain the reason why certain, if any, plastic parts are not marked as per the exemption set out in point D(2) of Annex II, and the details and results of the calculations set out in Annexes II and III to this Regulation.’;

If no unit belonging to the same model or equivalent models was placed on the market before 1 November 2020, the units of models placed on the market between 1 November 2020 and 28 February 2021 which comply with the provisions of this regulation shall be considered compliant with the requirements of Regulation (EC) No 642/2009.’;

The manufacturer, importer or authorised representative shall not place on the market products designed to be able to detect they are being tested (for example by recognising the test conditions or test cycle) and to react specifically by automatically altering their performance during the test with the aim of reaching a more favourable level for any of the parameters in the technical documentation or included in any documentation provided. The energy consumption of the product and any of the other declared parameters shall not deteriorate after a software or firmware update when measured with the same test standard originally used for the declaration of conformity, except with explicit consent of the end-user prior to the update. No performance change shall occur as a result of rejecting the update. A software update shall never have the effect of changing the product's performance in a way that makes it non-compliant with the ecodesign requirements applicable for the declaration of conformity.’;

If no unit belonging to the same model or equivalent models was placed on the market before 1 November 2020, the units of models placed on the market between 1 November 2020 and 28 February 2021 which comply with the provisions of this regulation shall be considered compliant with the requirements of Regulation (EU) No 1016/2010’;

The manufacturer, importer or authorised representative shall not place on the market products designed to be able to detect they are being tested (for example by recognising the test conditions or test cycle) and to react specifically by automatically altering their performance during the test with the aim of reaching a more favourable level for any of the parameters in the technical documentation or included in any documentation provided. The energy consumption of the product and any of the other declared parameters shall not deteriorate after a software or firmware update when measured with the same test standard originally used for the declaration of conformity, except with explicit consent of the end-user prior to the update. No performance change shall occur as a result of rejecting the update. A software update shall never have the effect of changing the product's performance in a way that makes it non-compliant with the ecodesign requirements applicable for the declaration of conformity.’;

If no unit belonging to the same model or equivalent models was placed on the market before 1 November 2020, the units of models placed on the market between 1 November 2020 and 28 February 2021 which comply with the provisions of this regulation shall be considered compliant with the requirements of Regulation (EU) No 1015/2010.’;

Regulation (EU) 2019/2024 is amended as follows: (1) in Article 1(3), point (e) is replaced by the following: ‘(e) corner/curved and carousel cabinets;’; (2) Article 2, is amended as follows: (a) point 21 is replaced by the following: ‘21. “corner/curved cabinet” means a refrigerating appliance with a direct sales function used to achieve geometrical continuity between two linear cabinets that are at an angle to each other and/or that form a curve. A corner/curved cabinet does not have a recognisable longitudinal axis or length since it consists only of a filling shape (wedge or similar) and is not designed to function as a stand-alone refrigerated unit. The two ends of the corner/curved cabinet are inclined at an angle between 30 ° and 90 °;’; (b) point 29 is added: ‘29. “carousel cabinet” means a round/circular shape supermarket cabinet which can be installed as a standalone unit or as a unit connecting two linear supermarket cabinets. Carousel cabinets can also be equipped with a turning system which makes visible the display of foodstuff at 360 °;’; (c) point 30 is added: ‘30. “supermarket cabinet” means a refrigerating appliance with a direct sales function intended for the sale and display of foodstuffs and other items in retail applications, such as in supermarkets. Beverage coolers, refrigerated vending machines, gelato-scooping cabinets and ice-cream freezers are not considered supermarket cabinets.’; (3) Annexes I, III and IV are amended as set out in Annex VIII to this Regulation.

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union. Article 1(3), Article 3(4), Article 5(6), Article 6(3), Article 7(4) and Article 8(3) shall apply from 1 May 2021. Article 2 and Article 4(4) shall apply from 1 July 2021. Article 4(1), (2) and (5) shall apply from 1 September 2021.