(fra kommisjonsforordningen)

(1)    The definition of ‘motor-operated building element’ in Annex I to Commission Regulation (EU) 2023/826  should be changed in order to provide legal clarity and alignment with the products listed in Annex II point 6 as motor-operated building elements.
(2)    A definition of the term ‘control unit’ should be added in Annex I to Commission Regulation (EU) 2023/826, to provide legal certainty as regards motor-operated building elements covered by that Regulation.
(3)    Annex II, point 1, to Commission Regulation (EU) 2023/826 contains a list of appliances designed, tested and marketed for household use to which the relevant ecodesign requirements apply. In order to ensure legal certainty the type of grinders to which the reference is made should be specified therein.
(4)    Annex IV to Regulation (EU) 2023/826 setting the measurement methods and calculations should be amended so that the measurement conditions included under its point d) apply to all types of household coffee machines covered by that Regulation, and not only to those that are considered networked equipment. 

(5)    The scope of the procedure described in Annex IV, point (c), to Regulation (EU) 2023/826 regarding measurement methods and calculations should be clarified.
(6)    It is necessary to prevent practices illegally altering products’ performance in order to reach a more favourable result. Article 40 paragraphs 1 to 4 of Regulation (EU) 2024/1781 of the European Parliament and of the Council  which ensures prevention of circumvention is tackled in a comprehensive manner, applies to products covered by Regulation (EU) 2023/2533 . Therefore Article 6 of Regulation 2023/2533 becomes unnecessary and should be deleted.
(7)    In order to ensure legal certainty, a definition of ‘average final moisture content’ should be added in Annex I to Regulation (EU) 2023/2533, and the definitions related to low power modes should be aligned with those in Commission Regulation (EU) 2023/826.
(8)    Annex II, point 5(1)(a), to Regulation (EU) 2023/2533 sets out a list of spare parts which, as a minimum, should be made available for professional repairers. That list is also the basis for the selection of the priority parts that have been included in the calculation of the repairability index laid down in Commission Delegated Regulation (EU) 2023/2534 . The list should be amended in order to ensure alignment between the spare parts regulated under Regulation (EU) 2023/2533 and the priority parts regulated under Commission Delegated Regulation (EU) 2023/2534. This includes the modification of the name that designates some spare parts and the addition of a new spare part that is relevant for the calculation of the repairability index.
(9)    Annex II, point 5(1)(b), to Regulation (EU) 2023/2533 should be amended so that repair information related to spare parts whose availability is limited to professional repairers is not available to the general public via a free access website.
(10)    Annex II, point 5(1)(e), to Regulation (EU) 2023/2533, requires spare parts to be replaceable with commonly available tools. The term ‘commonly available tools’ is ambiguous and does not give a precise idea of the tools concerned. In addition, the formula for the calculation of the repairability index laid down in Commission Delegated Regulation (EU) 2023/2534 includes a score criterion related to the type of tools used for the disassembly of a specific priority part, the score depending on whether the tools are basic tools, tools supplied with the spare parts or commercially available tools. For the sake of consistency between both regulations, the term ‘commonly available tools’ in Regulation (EU) 2023/2533 should be replaced and aligned with the terminology used in Regulation (EU) 2023/2534 where relevant. Consequently, definitions for ‘commercially available tools’, ‘basic tools’ and ‘proprietary tools’ should be introduced. 
(11)    Annex II, point 6(2), to Regulation 2023/2533 should be amended in order to clarify the values that should be provided by manufacturers, importers or authorised representatives for the different parameters for the eco programme and for other programmes, when they are available. 
(12)    Annex III, point 1(f), to Regulation (EU) 2023/2533 imposes an obligation on manufacturers and importers to declare the average final moisture content for the eco programme. Declaring in the technical documentation a final moisture content of the load of 0%, which is the value requested in that Regulation, could entail drying up the laundry above its natural water content, resulting in undesired effects such as excessive use of energy and possible damage to the textiles. It is therefore necessary to delete the average final moisture content from the information requirements in Annex II and from the calculation and measurement methods in Annex III. Instead, the measurement and calculation methods included in the harmonised standards, which provide for appropriate tolerances, should be used to calculate this parameter. 
(13)    The content of Table 1 in Annex IV should be split in two different tables in order to ensure clarity.
(14)    The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 19 of Directive 2009/125/EC. 
(15)    Regulations (EU) 2023/826 and (EU) 2023/2533 should therefore be amended accordingly,