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Energy Efficient Products

Are professional refrigerated storage cabinets used for fish and operating between -2° and 2 °C in scope to Regulation (EU) 2015/1094 and 2015/1095? How to test them ?

Based on this description, the operating temperature range declared for these cabinets (between -2°and 2°C) almost overlaps with the chilled operating temperature intervals (between -1°and 5°C), as defined in Annex I.2 to Regulation (EU) 2015/1095, therefore it is assumed that these cabinets are capable to maintain the temperature of foodstuff at chilled operating temperature.

Based on this assumption, and also hypothesizing that these professional refrigerated storage cabinets do not fall into the scope exclusion of Article 1.1.n of Regulation (EU) 2015/1095 (as this can be sometimes the case for professional refrigerated storage cabinets for fish), it derives that they are in scope to Regulation (EU) 2015/1094 and Regulation (EU) 2015/1095, and they should be tested at chilled operating temperature.

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.