S.I. No. 483 of 2004

European Communities (Energy Labelling of Household Electric Refrigerators and Freezers) (Amendment) Regulations 2004

I, Dermot Ahern, Minister for Communications, Marine and Natural Resources, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 ( No. 27 of 1972 ), and for the purpose of giving effect to Commission Directive 2003/66/EC of 3 July 2003¹ , hereby make the following regulations:

1.         These Regulations may be cited as the European Communities (Energy Labelling of Household Electric Refrigerators and Freezers) (Amendment) Regulations 2004.

2.         The European Communities (Energy Labelling of Household Electric Refrigerators and Freezers) Regulations 1995 ( S.I. No. 122 of 1995 ) are amended

(a)        in Regulation 2(1), by substituting for

(i)       the definition of “Commission Directive” the following:

“‘Commission Directive’ means Commission Directive 94/2/EC of 21 January 1994² as amended by Commission Directive 2003/66/EC of 3 July 2003¹ ;”, and

(ii)      the definition of “the Minister” the following:

“ ‘the Minister’ means the Minister for Communications, Marine and Natural Resources.”,

(b)        in Regulation 4(2), by substituting for subparagraphs (e) to (g) the following:

“(e)    reports of any relevant measurement tests made in accordance with the harmonised standards adopted by the European Standardisation Bodies (CEN, CENELEC, ETSI) under mandate from the Commission of the European Communities in accordance with Directive 98/34/EC of the European Parliament and Council³ ,

(f)       where values are derived from those obtained for similar appliances, the same information for the appliance,

(g)      any instructions for operating the appliance, and

(h)      where the information relating to a particular model combination has been obtained by calculation on the basis of design, or extrapolation from other combinations, the documentation should include details of such calculations or extrapolations, and of tests undertaken to verify the accuracy of the calculations undertaken (details of mathematical model for calculating performance and of measurements taken to verify this model).”,

(c)        in Regulation 6, by substituting for paragraph (1) the following:

“(1)    Where a dealer offers an appliance for sale, hire or hire-purchase by means of a written or printed communication, such as mail order or other catalogue, advertisements on the internet or other electronic media, in circumstances that imply that the potential customer cannot be expected to see the appliance displayed, the dealer shall ensure that the written or printed communication complies with Schedule 3, is in the English language version and complies with the Directives.”,

(d)       in Regulation 10, by substituting for paragraph (2) the following:

“(2)    A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding €3,000.”, and

(e)       by substituting for Schedules 1 to 5 the following:

“        SCHEDULE I

THE LABEL

1. Label design - The label shall be in accordance with the following illustrations:

Figure 1

2.    The following notes define the information to be included:

Note:

I.       Supplier's name or trade mark.

II.      Suppliers model identifier.

III.     The energy efficiency class of an appliance shall be determined in accordance with Schedule 5 (energy efficiency class). The appropriate letter shall be placed at the same level as the relevant arrow.

IV.     Without prejudice to any requirements under the Community Eco-label scheme, where an appliance has been granted a Community Eco-label pursuant to Council Regulation (EEC) No 880/92 ⁽¹⁾ a copy of the Eco-label mark (the flower) may be added here.

V.      Energy Consumption in accordance with the harmonised standards but expressed in kWh per year (i.e. per 24 hours x 365).

VI.     Sum of net storage volume of all compartments which do not merit a star rating (i.e. operating temperature > -6°C).

VII.    Sum of net storage volume of all frozen food storage compartments which merit a star rating (i.e. operating temperature ≤ -6°C).

VIII.   Star rating of frozen food storage compartment, in accordance with the harmonised standards. Where this compartment does not merit any stars, this position shall be left blank.

IX.     The giving of information relating to noise shall apply only where that information is required under Article 3 of Directive 86/594/EEC and shall be measured in accordance with that Directive.

3.    Printing-The following defines certain aspects of the label.

Figure 2

The indicator letter for A+ and A++ appliances shall be in accordance with the following illustrations, and shall be placed in the same position as the A indicator for A class appliances.

Colours are to be used on the label in accordance with the following:

CMYK: cyan, magenta, yellow, black.

Example: 07X0: 0% cyan, 70% magenta, 100% yellow, 0% black.

Arrows:

-A: X0X0,

-B: 70X0,

-C: 30X0,

-D: 00X0,

-E: 03X0,

-F: 07X0,

-G: 0XX0.

Outline colour X070.

All text is in black. The background is white.

SCHEDULE 2

THE FICHE

The fiche shall contain the following information. The information may be given in the form of a table covering a number of appliances supplied by the same supplier, in which case it shall be given in the order specified, or given in the description of the appliance:

1. Supplier's name or trade mark.

2. Supplier's model identifier.

3. Type of appliance as follows:

(#) Full description of categories in Schedule 4.

4. The energy efficiency class of the model as defined in Schedule 5, expressed as ‘Energy efficiency class ... on a scale of A ++ (most efficient) to G (least efficient)’. Where this information is provided in a table this may be expressed by other means provided it is clear that the scale is from A ++ (most efficient) to G (least efficient).

5. Where the information is provided in a table, and where some of the appliances listed in the table have been granted a ‘Community Eco-label award’ under Regulation (EEC) No 880/92, this information may be included here. In this case the row heading shall state ‘Community Eco-label award’, and the entry shall consist of a copy of the Eco-award mark (the flower). This provision is without prejudice to any requirements under the Community Eco-label award scheme.

6. Energy consumption in accordance with EN 153 of May, 1990 but expressed in kWh per year (i.e. per 24 hours x 365), described as: ‘energy consumption XYZ kWh per year, based on standard test results for 24 h. Actual energy consumption will depend on how the appliance is used and where it is located.

7. Net storage volume of fresh food storage compartment (5°C) in accordance with the harmonised standards -- omit for classes 8 and 9.

8. Net storage volume of frozen food storage compartment, and of chill compartment when available, in accordance with standards referred to in Article 1 (2) -- omit for classes 1, 2 and 3. For class 3 appliances the net volume of the “ice box”.

7/8. For classes 2 and 10 the net volume of each compartment should be listed, in accordance with the harmonised standards.

9. Star rating of frozen food storage compartment, if any, in accordance with the harmonised standards.

10. The mention ‘no frost’ may be included here when in accordance with the definitions given in the harmonised standards.

11. ‘Power cut safe Zh’ defined as ‘temperature rise time’ in accordance with the harmonised standards.

12. ‘Freezing capacity’ in kg/24 h in accordance with the harmonised standards.

13. ‘Climate class’ in accordance with the harmonised standards. Where appliance is of ‘temperate’ climate class this may be omitted.

14. The giving of information relating to noise shall apply only where that information is required under Article 3 of Directive 86/594/EEC.

15. If the model is produced in order to be built-in, this should be stated.

Where applicable, noise measured in accordance with Directive 86/594/EEC. Where an appliance contains compartments other than a single fresh food compartment and a single frozen food compartment, extra lines may be added at 7, 8, 9, 10, 11, 12 and 13 to include the information in respect of these compartments. In this case the naming and order of listing of the compartments shall be consistent. Where the design temperature of a compartment does not conform to the star rating system, or the standard fresh food compartment temperature (5°C), this design temperature shall be given.

The information contained in the label may be given in the form of a copy of the label, either in colour or in black and white. In this case the further information given only in the fiche must still be included.

SCHEDULE 3

MAIL ORDER AND OTHER DISTANCE SELLING

Mail order catalogues and other printed communications referred to by Article 2 (5) of the Directive shall contain the following information, given in the order specified:

1. Energy efficiency class (point 4).

2. Energy consumption (point 6).

3. Net volume of fresh food compartment (point 7).

4. Net volume of frozen food compartment (point 8).

5. Star rating (point 9).

6. Noise (point 14).

 Where other information contained in the product information fiche is provided, it shall be in the form defined in Schedule 2 and shall be included in the above list in the order specified for the fiche.

The size and font, in which all the information referred to above is printed, shall be legible.

SCHEDULE 4

CATEGORIES

The appliances covered by this Directive shall be divided into the following ‘categories’:--

1. Household refrigerators, without low temperature compartments.

2. Household refrigerator/chillers, with compartments at 5 °C and/or 10 °C.

3. Household refrigerators, with no-star low temperature compartments.

4. Household refrigerators, with low temperature compartments*.

5. Household refrigerators, with low temperature compartments**.

6. Household refrigerators, with low temperature compartments***.

7. Household refrigerator/freezers, with low temperature compartments*(***).

8. Household food freezers, upright.

9. Household food freezers, chest.

10. Household refrigerators and freezers with more than two doors, or other appliances not covered above.

SCHEDULE 5

ENERGY EFFICIENCY CLASS

Part 1

Definitions of Classes A+ and A++

An appliance shall be classified as A+ or A++, where the energy efficiency index alpha (I_α) is within the ranges specified in Table 1.

Table 1

In Table 1

Where

AC = annual energy consumption of appliance (in accordance with Schedule I, note V).

SCα = standard annual energy consumption α of appliance

SCα is calculated as

Where

Vc is the net volume (in litres) of the compartment (in accordance with standards referred to in Article 1 (2))

Tc is the design temperature (in °C) of the compartment

The values of M_α and N _α are given in Table 2 and the values of FF, CC, BI and CH are given in Table 3

Table 2

Table 3

If an appliance is not A+ or A++, it shall be classified in accordance with the following part 2:

Part 2

Definitions of Classes A to G

The energy efficiency class of an appliance shall be determined in accordance with the following Table 1:--

TABLE 1

where:

‘energy efficiency index’ (expressed as a percentage) = annual energy consumption of appliance⁽¹⁾/(standard annual energy consumption of appliance

‘standard annual energy consumption of appliance’ (expressed in kWh/year = M x adjusted net volume + N

and

adjusted net volume (expressed in litres) = net volume of fresh food compartment + Ω x net volume of frozen food compartment.

⁽¹⁾In accordance with Schedule 1, note 2.V.

The values of M, N and Ω are taken from Table 2.

TABLE 2

all compartments

Where Tc is design temperature (in °C) of each compartment, Vc is the net volume (in litres) of each compartment, and Fc is a factor which equals 1.2 for ‘no frost’ compartments and 1 for other compartments.

⁽⁴⁾ For these appliances the values of M and N will be determined by the temperature and star rating of the compartment with the lowest temperature, as follows:--

TABLE 3

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of the Regulations is to give legal effect to Commission Directive 2003/66/EC of 3 July 2003 which amends Commission Directive 94/2/EC of 21 January 1994 and Council Directive 92/75/EEC of 22 September 1992 in so far as it relates to household electric refrigerators, freezers and their combinations.

The effect of Directive 2003/66/EC is to divide the existing energy efficiency rating category of A on energy labels required to be affixed to household refrigeration appliances displayed for sale, into 3 new categories (A, A+ and A++).

These Regulations which amend the EC (Energy Labelling of Household Electric Refrigerators and Freezers) Regulations 1995 (S.I. 122 of 1995-the “Principal Regulations”) come into operation on 20 July 2004 and apply to electric mains operated household refrigerators, frozen food storage cabinets, food freezers and their combinations. Appliances that may also use other energy sources such as batteries, used appliances and appliances of which production has ceased before 30 June 2004 are excluded.

Where a person offers an appliance for sale by way of a communication (as defined in Regulation 3 of the Principal Regulations as amended), that person is required by Regulation 6 of the Principal Regulations as amended to provide essential information to the potential purchaser as set out in Schedule 3. The maximum penalty for a summary offence is being increased from £1,500 to €3,000 in line with current maxima of summary offences.

¹ O.J. No. L170, 9.7.03, p10

² O.J. No. L45, 17.2.94, p.1

¹ O.J. No. L170, 9.7.03, p10

³ O.J. No. L204, 21. 7.98, p. 37

⁽¹⁾ O.J. No. L99, 11.4.1992, P.1.

(^† For these appliances, the temperature and star rating of the compartment with the lowest temperature will determine the values of M and N. Appliances with -18°C *(***) compartments shall be considered as Fridgefreezers *(***).

(^† For these appliances, the temperature and star rating of the compartment with the lowest temperature will determine the values of M and N. Appliances with -18°C *(***) compartments shall be considered as Fridgefreezers *(***).

‡ An appliance is ‘built in’ only if it is designed exclusively for installation within a kitchen cavity with a need of furniture finishing, and tested as such.