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Commission Regulation (EU) 2023/826 of 17 April 2023 laying down ecodesign requirements for off mode, standby mode, and networked standby energy consumption of electrical and electronic household and office equipment pursuant to Directive 2009/125/EC of the European Parliament and of the Council and repealing Commission Regulations (EC) No 1275/2008 and (EC) No 107/2009 (Text with EEA relevance)

CELEX
32023R0826
Document type
REG
Sector
Legislation
Date of document
2023-04-17
In force since
2025-05-09
Status
In force

Text

Article-level text, parsed from the formex manifestation.

Article 1 Subject matter

This Regulation establishes ecodesign requirements related to off mode, standby mode, and networked standby energy consumption for the placing on the market or putting into service of electrical and electronic household and office equipment.

Article 2 Definitions

For the purposes of this Regulation, the following definitions apply: (1) ‘electrical and electronic household and office equipment’ or ‘equipment’ means any energy-related product listed in Annex II which fulfils the following conditions: (a) it is dependent on energy input from the mains power source in order to work as intended; (b) it is designed for use with a nominal voltage rating of 250 V or below; (2) ‘mains’ means the electricity supply from the grid of 230 (± 10 %) volts of alternating current at 50 Hz; (3) ‘standby mode’ means a condition where the equipment is connected to the mains power source, depends on energy input from the mains power source to work as intended and provides only one or more of the following functions, which may persist for an indefinite time: (a) reactivation function; (b) reactivation function and only an indication of enabled reactivation function; (c) information or status display; (4) ‘reactivation function’ means a function that via a remote switch, a remote control, an internal sensor or timer provides a switch from standby mode to another mode, including active mode, providing additional functions; (5) ‘main function’ means a function delivering the main service(s) for which the equipment is designed, tested and marketed, and which corresponds to the intended use of the equipment; (6) ‘information or status display’ means a continuous function providing information or indicating the status of the equipment on a display, including clocks. A simple light indicator is not considered a status display; (7) ‘active mode’ means a condition in which the equipment is connected to the mains power source and at least one of the main functions has been activated; (8) ‘off mode’ means a condition in which the equipment is connected to the mains power source and is not providing any function, or it is in a condition providing only: (a) an indication of off mode condition; (b) functionalities intended to ensure electromagnetic compatibility under Directive 2014/30/EU of the European Parliament and of the Council ; (9) ‘network’ means a communication infrastructure with a topology of links, an architecture, including the physical components, organisational principles, communication procedures and formats (protocols); (10) ‘networked standby’ means a condition in which the equipment is able to resume a function by way of a remotely initiated trigger from a network connection; (11) ‘remotely initiated trigger’ means a signal that comes from outside the equipment via a network; (12) ‘model identifier’ means a code, usually alphanumeric, which distinguishes a specific equipment model from other models with the same trade mark or the same manufacturer’s, importer’s or authorised representative’s name; (13) ‘equivalent model’ means an equipment model which has the same technical characteristics relevant for the technical information to be provided in accordance with Annex II, but which is placed on the market or put into service by the same manufacturer, importer or authorised representative as another equipment model with a different model identifier; (14) ‘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 4, for the verification of compliance by the Member State authorities.

Article 3 Ecodesign requirements

The ecodesign requirements are set out in Annex III.

Article 4 Conformity assessment

1 The conformity assessment procedure referred to in Article 8 of Directive 2009/125/EC shall be the internal design control system set out in Annex IV to that Directive or the management system set out in Annex V to that Directive.

2 For the purposes of conformity assessment under Article 8 of Directive 2009/125/EC, the technical documentation shall contain the information set out in point 3(b) of Annex III to this Regulation and the details and results of the calculations made in accordance with Annex IV to this Regulation.

3 Where the information included in the technical documentation for that particular model has been obtained, alternatively: (a) from a model that has the same technical characteristics relevant for the technical information to be provided in accordance with Annex III to this Regulation but is produced by a different manufacturer; (b) by calculation on the basis of design or extrapolation from another model of the same or a different manufacturer, or both, the technical documentation for a model shall include the details and results of the calculations or extrapolations, the assessment made by the manufacturer to verify the accuracy of the calculations and, where appropriate, the declaration of identity between the models of different manufacturers. The technical documentation shall include a list of equivalent models referred to in the first and second subparagraph, including the model identifiers.

4 The technical documentation shall include the information listed in point 3(a) of Annex III to this Regulation.

Article 5 Verification procedure for market surveillance purposes

Member States’ authorities shall apply the verification procedure laid down in Annex V to this Regulation where they perform the market surveillance checks referred to in Article 3(2) of Directive 2009/125/EC.

Article 6 Circumvention and software updates

The manufacturer, importer or authorised representative shall not place on the market equipment designed to be able to detect they are being tested, including by recognising the test conditions or test cycle, and to react specifically by automatically altering their performance during the test to reach a more favourable level for any of the parameters in the technical documentation or included in any of the documentation provided. The energy consumption of the equipment and any of the other declared parameters shall not deteriorate after a software or firmware update where measured with the same test standard originally used for the declaration of conformity, unless the user explicitly consents to this before the update. No performance change shall occur as result of rejecting the update. A software update shall not have the effect of changing the equipment’s performance in a way that makes it non-compliant with the ecodesign requirements applicable for the declaration of conformity.

Article 7 Indicative benchmarks

The indicative benchmarks for the best-performing equipment and technologies available on the market at the time of adopting this Regulation are set out in Annex VI.

Article 8 Review

The Commission shall review this Regulation in the light of technological progress and present the results of this review to the Consultation Forum, no later than 9 May 2027. The review shall in particular assess the appropriateness of: (a) the requirements for standby, off mode and networked standby; (b) the requirements for networked standby for HiNA equipment and equipment with HiNA functionality and their distinction with non-HiNA equipment; (c) including in the scope of this Regulation other relevant product groups, including products used in the services sector; (d) setting requirements for the battery maintenance mode of battery chargers.

Article 9 Repeal

Regulation (EC) No 1275/2008 is repealed with effect from 9 May 2025. Regulation (EC) No 107/2009 is repealed with effect from 9 May 2025.

Article 10 Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It shall apply from 9 May 2025. However, Article 6 first paragraph shall apply when the Regulation enters into force.

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