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Energy Efficient Products

Are cashier systems for washing machines in common laundry rooms of apartment buildings included in the scope of the regulation (EU) 1275/2008 (Annex I)?

The scope of Regulation (EU)1275/2008 is ‘electrical and electronic household and office equipment’ as defined in Article 2(1). According to that definition this equipment:

“(a) is made commercially available as a single functional unit and is intended for the end-user;”

The Commission guidelines clarify what it means that the product “is intended for the end-user”. As the November 2014 guidelines say:

“This is equipment, which can be used by individuals directly. In particular, the end-user has direct control over activation and deactivation of the product.

In addition, the October 2009,with up-date November 2014 guidelines mention that:

End-user equipment is equipment which can be used by individuals directly, and is used "physically" by the end-user. In particular, the end-user has direct contact with the product and has control over activation and de-activation of the product: he/she may for example want to switch it on to do something with the product or, on the other hand, switch it off because he is not going to use the product for a while.”

From the description provided for this product, it appears that several users use it, none of them having direct control on the activation or the deactivation of the product. Based on the above the product in question seems to be out of the scope of Regulation (EU)1275/2008.

The same applies to other cashier systems, where several users use it, none of them having direct control on the activation or the deactivation of the product.

Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.