Made | 27th May 2004 | ||
Laid before Parliament | 3rd June 2004 | ||
Coming into force | 1st July 2004 |
(2) In these Regulations, expressions used which are also used in the Directives have the same meaning as in the Directives and -
Scope
3.
- (1) Subject to paragraph (2), these Regulations apply to electric mains operated household -
and their combinations, whether or not they are sold or displayed for non-household use.
(2) These Regulations do not apply to -
(3) A household appliance to which these Regulations apply is referred to as a regulated appliance.
Other Exclusions
4.
- (1) Nothing in these Regulations shall apply to -
(2) There shall be no obligations on a supplier to establish technical documentation, supply labels or provide information sheets in respect of a household appliance intended for use only in a country outside the Community and which he has reasonable grounds to believe will be used outside the Community.
(3) There shall be no obligations on a dealer to display labels in respect of a household appliance intended for use only in a country outside the Community and which he has reasonable grounds to believe will be used outside the Community.
(4) There shall be no obligations on any person who offers for sale by way of a communication a household appliance intended for use only in a country outside the Community and which he has reasonable grounds to believe will be used outside the Community.
Obtaining the information required by these Regulations
5.
- (1) The information required by regulations 6, 7, 8 and 9 shall be obtained by measurements made in accordance with the harmonized standards.
(2) Where a supplier provides information relating to noise, it shall be measured in accordance with Council Directive 86/594/EEC[11] on airborne noise emitted by household appliances, and the provisions of Schedules 1, 2 and 3 to these Regulations relating to noise information shall apply.
(3) Information obtained other than in accordance with paragraphs (1) and (2) shall be taken for the purposes of these Regulations not to meet the relevant requirements.
Placing on the Community market: technical documentation
6.
- (1) No supplier shall place on the Community market a regulated appliance unless he has established technical documentation sufficient to enable the accuracy of the information contained in a label or information sheet to be assessed.
(2) The technical documents referred to in paragraph (1) shall include -
(3) For the purposes of paragraphs (1) and (2), the supplier may use documentation already required on the basis of relevant Community legislation.
(4) The supplier shall make the technical documentation available for inspection by enforcement authorities for a period ending five years after the last regulated appliance of the model has been manufactured.
Suppliers' duties in respect of labels
7.
- (1) Any supplier placing on the Community market a regulated appliance shall supply a label in accordance with this regulation.
(2) The label shall comply with Schedule 1 (the label) and the energy efficiency class indicated shall be determined in accordance with Schedule 5 (energy efficiency class).
(3) A supplier shall supply the necessary labels free of charge to dealers.
(4) A supplier may choose his own system for delivery of labels.
(5) Where the dealer requests labels from the supplier, the supplier shall ensure that the requested labels are delivered promptly.
Suppliers' duties in respect of information sheets
8.
- (1) A supplier of a regulated appliance shall provide an information sheet in accordance with this regulation.
(2) The information sheet shall satisfy the following requirements -
(3) Where the supplier provides a product brochure with a regulated appliance, the brochure shall contain the information sheet.
(4) Where no brochure is provided with a regulated appliance, the supplier shall provide the information sheet with any other literature provided.
Suppliers' duty in respect of the accuracy of information
9.
- (1) For the purposes of these Regulations only, it shall be the duty of a supplier to ensure that the information in an information sheet or on a label which he supplies to a dealer is accurate.
(2) Paragraph (1) is without prejudice to any right of action which any person may have apart from these Regulations whether against the supplier, dealer or any other person arising from any inaccuracy of information in an information sheet or label.
Suppliers' deemed consent to publication of information
10.
The supplier shall be deemed to consent to the publication of the information given on a label or in an information sheet.
Dealers' duty in respect of displayed appliances
11.
A dealer who displays a regulated appliance shall attach the label provided by the supplier for that appliance to the outside front or top of the appliance so that the label remains clearly visible and not obscured whenever the appliance is displayed.
Information in respect of mail order and other distance selling
12.
Where a person offers an appliance for sale by means of a communication, that person shall ensure that the communication -
Misleading information
13.
- (1) A person shall not display any label, mark, symbol or inscription (other than those required by these Regulations) which relates to the energy consumption of an appliance and which does not comply with the requirements of these Regulations, if such display is likely to mislead or confuse.
(2) Paragraph (1) shall not apply to a label, mark, symbol or inscription displayed under a Community or national environmental labelling scheme[12].
(3) Paragraph (1) shall not apply to a label, mark, symbol or inscription displayed pursuant to the 1994 Regulations.
Presumption of compliance
14.
Unless there is evidence to the contrary, labels and information sheets are deemed to comply with the provisions of these Regulations.
Enforcement and offences
15.
- (1) Subject to paragraph (3), it shall be the function of every enforcement authority to enforce these Regulations within its area.
(2) Nothing in these Regulations shall authorise an enforcement authority in Scotland to bring proceedings for an offence.
(3) Schedule 6 shall have effect with regard to offences, enforcement of these Regulations and other related matters.
Transitional provisions
16.
Where a regulated appliance is placed on the Community market on or before 30th December 2004, the use of labels, information sheets or communications relating thereto, in respect of which the requirements of these Regulations are not complied with shall be permitted, provided that the provisions of the 1994 Regulations are complied with.
Revocation and saving
17.
- (1) Subject to paragraph (2), the 1994 Regulations and the Energy Information and Energy Efficiency (Miscellaneous Amendments) Regulations 2001[13] to the extent that they amend the 1994 Regulations shall be revoked on 31st December 2004.
(2) The provisions of the 1994 Regulations shall continue to apply -
Whitty
Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs
Address
Date: 27th May 2004
Note | |
I. | Supplier's name or trade mark. |
II. | Supplier's 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 award scheme, where an appliance has been granted a "Community Eco-label award" pursuant to Council Regulation (EEC) No 880/92[15] a copy of the Eco-award 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 degrees centigrade ("°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. | Noise, where applicable[16]. |
Category | Description in information sheet |
1 | Larder fridge |
2 | Refrigerator/chiller |
3 | Refrigerator |
4 | Refrigerator |
5 | Refrigerator |
6 | Refrigerator |
7 | Fridge/freezer |
8 | Upright freezer |
9 | Chest freezer |
10 | The supplier may choose its description of the type of appliance |
(2) The size and font, in which all the information referred to in paragraph above is printed, shall be legible.
Category | Description |
1 | Household refrigerators, without low temperature compartments |
2 | Household refrigerator/chillers, with compartments at 5° and/or 10° |
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 |
Energy efficiency index [alpha] (Iα) | "Energy efficiency class" |
30 > Iα | A++ |
42 > Iα ≥ 30 | A+ |
Iα ≥ 42 | A to G (see below) |
Table 2
Type of appliance
Temperature of coldest compartment
Mα
Nα
1. Larder Fridge
>-6°C
0.233
245
2. Refrigerator/chillers
>-6°C
0.233
245
3. Refrigerator no star
>-6°C
0.233
245
4. Refrigerator*
≤-6°C *
0.643
191
5. Refrigerator**
≤-12°C **
0.450
245
6. Refrigerator***/
≤-18°C ***/*(***)
0.777
303
7. Fridge/freezer *(***)
≤-18°C ***/*(***)
0.777
303
8. Upright freezer
≤-18°C *(***)
0.539
315
9. Chest freezer
≤-18°C *(***)
0.472
286
10. Multi-door or other appliance
(1)
(1)
(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 fridge-freezers *(***).
Table 3
Correction factor
Value
Conditions
FF (frost free)
1.2
1
For "frost free" (ventilated) frozen food compartments;
Otherwise
CC (climate class)
1.2
1.1
1
For "tropical" appliances;
For "subtropical" appliances;
Otherwise
BI (built-in)
1.2
1
For built-in appliances (1) of under 58cm in width;
Otherwise
CH (chill compartment)
50 Kwh/y
0
For appliances with a chill compartment of at least 15 litres;
Otherwise
(1) An appliance is "built-in" only if it is designed exclusively for installation within a kitchen cavity with a need of furniture finishings, and tested as such.
(3) If an appliance is not A+ or A++, it shall be classified in accordance with Part 2.
Energy efficiency index: I | Energy efficiency class |
I < 55 | A |
55 ≤ I < 75 | B |
75 ≤ I < 90 | C |
90 ≤ I < 100 | D |
100 ≤ I < 110 | E |
110 ≤ I < 125 | F |
125 ≤ I | G |
Table 5
Category of Appliance
Ω
M
N
1. Larder fridge
-
0.233
245
2. Refrigerator/chiller
0.75(1)
0.233
245
3. Refrigerator no star
1.25
0.233
245
4. Refrigerator*
1.55
0.643
191
5. Refrigerator**
1.85
0.450
245
6. Refrigerator***
2.15
0.657
235
7. Fridge/freezer*(***)
(3)
0.777
303
8. Upright freezer
2.15(2)
0.472
286
9. Chest freezer
2.15(2)
0.446
181
10. Multi-door or other appliances
(3)
(4)
(4)
(1) For refrigerator/chiller the adjusted volume = net volume of fresh food compartment + Ω × net volume of chiller (10°C) compartment (expressed in litres).
(2) For 'no frost' appliances as defined in the harmonised standards, this index is increased by a provisional factor of 1.2 giving a value of 2.58 (this allows for the possible bias of the measurement method, which does not allow for the lack of ice build-up on "no frost" appliances. In practice, ice build-up will somewhat increase the consumption of "conventional" appliances).
(3) Adjusted net volume (AV) shall be calculated by the formula:
Temperature of coldest compartment | Equivalent category | M | N |
>-6c |
1 Larder fridge 2 Refrigerator/chiller 3 No-star refrigerator |
0.233 | 245 |
≤ -6°C * | 4 Refrigerator (*) | 0.643 | 191 |
≤ -12°C ** | 5 Refrigerator (**) | 0.450 | 245 |
≤-18°C *** | 6 Refrigerator (***) | 0.657 | 235 |
≤-18°C *(***)with freezing capacity |
7 Fridge/freezer *(***) | 0.777 | 303 |
(2) A person guilty of the offence of contravening paragraph 12(1) of this Schedule shall be liable, on summary conviction, to a fine not exceeding the statutory maximum, and on conviction on indictment, to a fine.
(3) A person guilty of any other offence specified in sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Prosecution of offences
2.
Proceedings for an offence under these Regulations shall not be instituted -
Defences
3.
In proceedings against a person for an offence under these Regulations, it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
Liability of a person other than the principal offender
4.
- (1) Where the commission by any person of an offence under these Regulations is due to an act or default committed by some other person in the course of any business of his, that other person shall be guilty of the offence and may be proceeded against and punished by virtue of this sub-paragraph whether or not proceedings are taken against the first-mentioned person.
(2) Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of sub-paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3) Where the affairs of a body corporate are managed by its members, sub-paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(4) Where a Scottish partnership is guilty of an offence under these Regulations (including where it is so guilty by virtue of sub-paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner in the partnership, he, as well as the partnership, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) A person shall not, in giving any information which is required of him by virtue of sub-paragraph (1)(c) -
Power of an enforcement authority to require technical documentation
6.
Where an enforcement authority has reason to suspect that the information given on a label or in an information sheet is incorrect, the authority may by notice served on the supplier of the regulated appliance to which the label or information sheet refers, require him to furnish to the authority within such reasonable time as may be specified in the notice such technical documentation within the meaning of regulation 6 (placing on the Community market: technical documentation) as the authority considers appropriate.
Test Purchases
7.
- (1) An enforcement authority shall have power, for the purposes of ascertaining whether any provision of these Regulations has been contravened, to purchase, or to authorise an officer of the authority to purchase, any regulated appliance.
(2) Where -
the authority shall allow the person from whom the regulated appliance was purchased or any person who is a party to the proceedings or has an interest in the appliance to have the appliance tested.
(3) A test of a regulated appliance purchased under this paragraph, or seized and detained under paragraph 8 (power to enter premises and inspect, seize and detain appliances etc), shall be carried out in accordance with the test procedures of the harmonised standards.
Power to enter premises and inspect, seize and detain regulated appliances etc
8.
- (1) A duly authorised officer of an enforcement authority may, at all reasonable hours and on -
exercise any of the powers set out in sub-paragraph (2).
(2) The powers referred to in sub-paragraph (1) are -
(3) For the purposes of paragraphs (2)(b) and(2)(d) of sub-paragraph (2), the officer may require information stored electronically to be made available to him in printed form.
(4) If a justice of the peace is satisfied by any written information on oath -
(b) either -
the justice may by warrant, which shall continue in force for a period of one month, authorise an officer of an enforcement authority to enter the premises in accordance with the warrant, if need be by force.
(5) An officer entering any premises by authority of a warrant granted under sub-paragraph (4) shall, if the occupier is present, give to the occupier or, if the occupier is temporarily absent, leave in a prominent place on the premises or appropriate part of the premises a notice in writing -
(6) An officer entering any premises by virtue of this paragraph may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of a warrant he shall, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them.
(7) An officer exercising any power of seizure and detention under this paragraph shall as soon as practicable give to the person, against whom the power has been exercised, a written notice -
(8) A person who is not a duly authorised officer of an enforcement authority shall not purport to act as such under this paragraph.
(9) In the application of this paragraph to Scotland, the reference in sub-paragraph (4) to a justice of the peace shall include a reference to a sheriff and the references to written information on oath shall be construed as references to evidence on oath.
(10) In the application of this paragraph to Northern Ireland, the references in sub-paragraph (4) to any information on oath shall be construed as references to any complaint on oath.
Appeals against detention of appliances etc
9.
- (1) Any person having an interest in any regulated appliance or records which are for the time being detained under paragraph 8 (power to enter premises and inspect, seize and detain appliances etc) by an enforcement authority or by a duly authorised officer of an enforcement authority may apply for an order requiring the appliance or records to be released to him or to another person.
(2) An application under this paragraph may be made -
(3) A magistrates' court or the sheriff shall not make an order under sub-paragraph (1) unless the court or sheriff is satisfied -
(4) Any person aggrieved by an order made under this paragraph by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision -
and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980[20] or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)[21]).
Compensation for loss etc of appliances or records seized
10.
- (1) Where a duly authorised officer of an enforcement authority exercises any power under paragraph 8 (power to enter premises and inspect, seize and detain appliances etc) to seize and detain any regulated appliance or records, the enforcement authority shall be liable to pay compensation to any person having an interest in the appliance or records in respect of any loss or damage caused by the exercise of the power if -
(2) Any disputed question as to the right to or the amount of any compensation payable under this paragraph shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.
Recovery of expenses of enforcement
11.
- (1) This paragraph shall apply where a court convicts a person of an offence in respect of a contravention of any provision of these Regulations in relation to any regulated appliance or records.
(2) The court may (in addition to any order it may make as to costs and expenses) order the person convicted to reimburse an enforcement authority for any expenditure which has been or may be incurred by that authority in connection with any seizure or detention by or on behalf of the authority of the regulated appliance or records.
(2) Sub-paragraph (1) shall not apply to a disclosure of information if the information is publicised information or the disclosure is made -
(3) The enactments referred to in sub-paragraph (2)(a) are -
(4) In sub-paragraph (2)(a) the reference to a person's functions shall include a reference to any function of making, amending or revoking any regulations or order.
(5) In this paragraph -
Savings for certain privileges
13.
Save for paragraph 6 (power of an enforcement authority to require technical information), nothing in these Regulations shall be taken as requiring any person -
Saving for civil rights
14.
A contract relating to a regulated appliance shall not be void or unenforceable by reason only of a contravention of any provision of these Regulations.
Service of documents
15.
- (1) Any document required or authorised by virtue of these Regulations to be served on a person may be so served -
(2) For the purposes of sub-paragraph (1), and for the purposes of section 7 of the Interpretation Act 1978[33] (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served by virtue of these Regulations shall be his last known address except that -
and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
[2] The enabling powers in section 2(2) of this Act were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c. 51). The requirements of the Directives are reserved matters for both Scotland (product labelling is covered by Head C8 - Product standards, safety and liability in Part II (Specific reservations) of Schedule 2 to the Scotland Act (c.46)), and Northern Ireland (in accordance with paragraph 38 (Technical standards and requirements in relation to products in pursuance of an obligation under Community law) of Schedule 3 (Reserved Matters) to the Northern Ireland Act 1998 (c. 47)). The power has not been transferred to the National Assembly for Wales.back
[4] OJ No. L 45, 17.2.1994, p. 1.back
[5] OJ No. L 170, 9.7.2003, p. 10.back
[6] OJ No. L 297, 13.10.1992, p. 16.back
[7] S.I. 1994/3076 as amended by S.I. 2001/3142.back
[8] The parent Directive was extended to the European Economic Area by EEA Joint Committee Decision No 7/94 of 21st March 1994 (OJ No. L 160, 28.6.1994, p. 1) and the Refrigerators and Freezers Directive was extended by EEA Joint Committee Decision 22/98 of 17th December 1998 (OJ No. L 342, 17.12.1998, p. 32) and EEA Joint Committee Decision 19/2004 of 19th March 2004, which has yet to be published in the Official Journal.back
[9] 1985 c. 72, as amended by paragraph 75 of Schedule 16 to the Local Government (Wales) Act 1994 and paragraph 144 of Schedule 13 to the Local Government (Scotland) Act 1994 (c. 39).back
[10] European standard EN 153 of 1995 entitled "Methods of measuring the energy consumption of electric mains operated household refrigerators, frozen food storage cabinets, food freezers and their combinations, together with associated characteristics" (OJ No C 065, 1.3.1997, p. 16), which is transposed in the United Kingdom by British Standard BS EN 153:1996 of the same title published by the British Standards Institution on 15th April 1996.back
[11] OJ L No. 344, 6.12.1986, p. 24. This Directive was transposed by the Household Appliances (Noise Emission) Regulations 1990 (S.I. 1990/161 as amended by S.I. 1994/1386); see regulation 4 of those Regulations requiring that where noise information is given, it must be determined in accordance with Council Directive 86/594/EEC.back
[12] See, for example, European Parliament and Council Regulation 1980/2000 (OJ No. L237, 21/09/2000, p. 1).back
[14] European standard EN 153 of 1990 entitled "Methods of measuring the energy consumption of electric mains operated household refrigerators, frozen food storage cabinets, food freezers and their combinations, together with associated characteristics", which is transposed in the United Kingdom by British Standard BS EN 153:1990 of the same title published by the British Standards Institution on 31st December 1990.back
[15] OJ No. L 099, 11.04.1992, p. 1. This Regulation has been replaced by European Parliament and Council Regulation 1980/2000 (OJ L 237, 21.09.2000, p.1) although decisions based on the 1992 Regulation remain in force until they are revised or have expired.back
[16] Where noise information is provided, the Household Appliances (Noise Emission) Regulations 1990 apply (S.I. 1990/161 as amended by S.I. 1994/1386).back
[17] OJ No. L 099, 11.04.1992, p. 1. This regulation has been replaced by European Parliament and Council Regulation 1980/2000 (OJ No. L 237, 21/09/2000, p. 1) although decisions based on the 1992 Regulation remain in force until they are revised or have expired.back
[18] Where noise information is provided, the Household Appliances (Noise Emission) Regulations 1990 apply ( S.I. 1990/161 as amended by S.I. 1994/1386).back
[19] Where noise information is provided, the Household Appliances (Noise Emission) Regulations 1990 apply (S.I. 1990/161 as amended by S.I. 1994/1386).back
[21] S.I. 1981/1675 (N.I. 26).back
[23] S.I. 1992/3240 amended by S.I. 1998/1447.back
[26] S.I. 1978/1039 (N.I. 9), to which there are amendments not relevant to these Regulations.back
[28] S.I. 1981/231 (N.I. 10), to which there are amendments not relevant to these Regulations.back
[30] S.I. 1987/2049 (N.I. 12), to which there are amendments not relevant to these Regulations.back
[32] OJ No. L 250, 19.9.1984, p. 17.back