Made | 28th June 2005 | ||
Laid before Parliament | 29th June 2005 | ||
Coming into force | |||
Regulations 1 and 18(1) | 30th June 2005 | ||
Remainder | 1st August 2005 |
(2) In these Regulations, expressions used which are also used in one or both of the Directives have the same meaning as in that or those Directives, and—
Scope
3.
—(1) Subject to the following provisions of this regulation and regulation 4, these Regulations apply to household air conditioners, that is to say, electric mains operated household—
(b) water cooled air conditioners of the following descriptions—
whether or not they are displayed or sold for household use.
(2) These Regulations apply to household air conditioners of the following descriptions—
but in the case of a unit consisting of several parts, these Regulations apply only to those parts designed and supplied as a complete package.
(3) These Regulations do not apply to household air conditioners of the following descriptions—
(4) These Regulations do not apply to the rating plate or its equivalent affixed for safety purposes to a household air conditioner.
Other Exclusions
4.
—(1) Nothing in these Regulations shall apply to an appliance placed on the market anywhere in the Community before 1st August 2005.
(2) There shall be no obligation on any person to comply with these Regulations in respect of—
but, if a dealer displays a second hand appliance with a label containing information about the energy consumption of the appliance attached, regulation 11 applies.
(3) There shall be no obligation on a supplier to establish technical documentation, supply labels or provide information sheets in accordance with these Regulations in respect of an appliance intended for use only in a country outside the Community and which he has reasonable grounds to believe will only be used outside the Community.
(4) There shall be no obligation on a dealer to display a label in accordance with these Regulations in respect of an appliance intended for use only in a country outside the Community and which he has reasonable grounds to believe will only be used outside the Community.
(5) There shall be no obligation on any person who distributes a communication in respect of an appliance intended for use only in a country outside the Community and which he has reasonable grounds to believe will only be used outside the Community.
Obtaining the information required by these Regulations
5.
—(1) The information required by regulations 6 to 8 shall, where applicable, be obtained by measurements made in accordance with the harmonised standard.
(2) Where a supplier provides information relating to noise, it shall be measured in accordance with Council Directive 86/594/EEC[10] on airborne noise emitted by household appliances, and the provisions of Schedules 1 and 2 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 requirement.
Placing on the market: technical documentation
6.
—(1) No supplier shall place on the market a regulated appliance unless he has established technical documentation in relation to the appliance sufficient to enable the accuracy of the information contained in a label or information sheet supplied by him in respect of the appliance to be assessed.
(2) The technical documentation referred to in paragraph (1) shall include—
and, where the information relating to a particular model combination has been obtained by calculation on the basis of design, extrapolation from other combinations or both, it shall include details of such calculations, extrapolations or both, as the case may be, and of tests undertaken to verify the accuracy of the calculations made (details of the mathematical model for calculating performance of split systems, and of measurements taken to verify this model).
(3) Where values are derived from those obtained from similar models, the information required under paragraph (2) for those models shall also be provided.
(4) For the purposes of paragraphs (1), (2) and (3), a supplier may use documentation already required on the basis of relevant Community legislation.
(5) A supplier shall make the technical documentation relating to a regulated appliance available for inspection by enforcement authorities for a period ending five years after the last appliance of the model in question has been manufactured.
Supplier's duties in respect of labels
7.
—(1) A supplier of a regulated appliance shall supply labels in accordance with the following provisions of this regulation.
(2) The label shall comply with Schedule 1 (the label) and the energy class indicated shall be determined in accordance with Schedule 3 (energy efficiency classification).
(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 a dealer requests labels from the supplier, the supplier shall ensure that the requested labels are delivered promptly.
Supplier's duties in respect of the information sheet
8.
—(1) A supplier shall provide free of charge with the regulated appliance an information sheet which complies with paragraph (2), and shall comply with paragraph (3) or (4) as the case may require.
(2) The information sheet shall be in the relevant language version and comply with Schedule 2 (the information sheet), and the energy class indicated shall be determined in accordance with Schedule 3 (energy efficiency classification).
(3) Where a supplier provides a product brochure, the brochure shall contain a copy of the information sheet.
(4) Where a supplier does not provide a product brochure, he shall provide a copy of the information sheet with any other literature provided.
Supplier's deemed consent to publication of information
9.
A supplier shall be deemed to consent to the publication of the information given on a label or in an information sheet.
Supplier's duties in respect of the accuracy of labels and information sheets
10.
—(1) A supplier shall ensure that the information in an information sheet or on a label which he supplies to a dealer is accurate.
(2) The duty in 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 or omission of any information in a communication, information sheet or label.
Dealer's duty in respect of a displayed regulated appliance
11.
A dealer who displays a regulated appliance shall attach the appropriate label provided by the supplier to the outside front or top of the appliance so that the label remains clearly visible and is not obscured whenever the appliance is displayed.
Information in respect of mail order and other distance sales
12.
Where a person offers for sale a regulated appliance by means of a communication, that person shall ensure that the communication—
Translation of Terms used in Schedules 1 and 2
13.
Where the relevant language version of a communication, label or information sheet is to be other than English, the terms in Annex V[12] (Translation of Terms to be used in the Label and Fiche) to the Air Conditioners Directive which are equivalent to the English terms given in Schedules 1 and 2 of these Regulations shall be used, and a requirement in regulation 8(2) for the information sheet, regulation 12(a) for the communication or paragraph 1 of Schedule 1 for the label to be in the relevant language version shall not be considered to have been complied with if the equivalent term in Annex V has not been used in translation.
Misleading information
14.
—(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 a regulated 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[13].
Presumption of compliance
15.
Unless there is evidence to the contrary, labels and information sheets shall be deemed to comply with the provisions of these Regulations.
Enforcement and offences
16.
—(1) Subject to paragraph (2), 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 4 shall have effect with regard to offences, enforcement of these Regulations and other related matters.
Transitional provisions
17.
On or before 31st January 2006, a supplier may place on the market a regulated appliance notwithstanding that the requirements of regulation 6 have not been complied with, provided that the requirements of regulation 6 of the 2003 Regulations are complied with.
Revocation
18.
—(1) The Energy Information (Household Air Conditioners) Regulations 2005[14] are revoked.
(2) Subject to paragraphs (3) and (4), the 2003 Regulations are revoked.
(3) The 2003 Regulations shall remain in force in relation to any appliance placed on the market before 1st August 2005.
(4) Regulation 6 of the 2003 Regulations shall remain in force for the purposes of regulation 17 of these Regulations.
Elliot Morley
Minister of State Department for Environment, Food and Rural Affairs
28th June 2005
and shall include the information required by paragraph 2 and conform to the printing requirements of paragraphs 3 and 4.
Note | |
I | Supplier's name or trademark. |
II | Supplier's model identifier. |
For ‘split and multi-split' units, the model identifier of the indoor and of the outdoor elements of the combination to which the figures quoted below apply. | |
III | The energy efficiency class of the model, or combination, determined in accordance with Schedule 3. |
The head of the arrow containing this indicator letter shall be placed at the same level as the head of the relevant arrow. | |
The height of the arrow containing the indicator letter shall not be less than—and not more than twice—the height of the classes arrows. | |
IV | Without prejudice to any requirements under the Community eco-label scheme, where a model has been granted a ' European Union eco-label‘ under Regulation (EC) No 1980/2000[16] of the European Parliament and of the Council of 17th July 2000 on a revised Community eco-label award scheme, a copy of the eco-label may be added here. |
V | The indicative annual energy consumption calculated with the total input power as defined in the harmonised standard multiplied by an average of 500 hours per year in cooling mode at full load, determined in accordance with the test procedures of the harmonised standard (conditions T1 ‘moderate' ). |
VI | The cooling output defined as the cooling capacity in kW of the regulated appliance in cooling mode at full load, determined in accordance with the test procedures of the harmonised standard (conditions T1 ' moderate‘). |
VII | The EER (energy efficiency ratio) of the regulated appliance in cooling mode at full load, determined in accordance with the test procedures of the harmonised standard (conditions T1 ‘moderate' ). |
VIII | The type of regulated appliance: cooling only, cooling/heating. This indicator arrow shall be placed at the same level as the relevant type. |
IX | The cooling mode: air cooled, water cooled. This indicator arrow shall be placed at the same level as the relevant type. |
X | Only for regulated appliances with heating capability (Figure 2): the heat output defined as the heating capacity in kW of the regulated appliance in heating mode at full load, determined in accordance with the test procedures of the harmonised standard (conditions T1 + 7C). |
XI | Only for regulated appliances with heating capability (Figure 2): the heating mode energy efficiency class in accordance with Schedule 3, expressed on a scale of A (higher) to G (lower), determined in accordance with the test procedures of the harmonised standard (conditions T1 + 7C). If the regulated appliance heating capability is provided by a resistive element then the COP (coefficient of performance) shall have the value of 1. |
XII | Noise during standard function, where applicable. |
(11) Noise during standard function, where applicable[17].
(12) Suppliers may include in addition the information in sub-paragraphs (5) to (8) in respect of other test conditions determined in accordance with the test procedures of the harmonised standard.
2.
If a copy of the label, either in colour or black and white is included in the information sheet, then only the information which is not included on the label needs to be added.
Energy Efficiency class | Split and multi-split appliances |
A | 3.20<EER |
B | 3.20≥EER>3.00 |
C | 3.00≥EER>2.80 |
D | 2.80≥EER>2.60 |
E | 2.60≥EER>2.40 |
F | 2.40≥EER>2.20 |
G | 2.20≥EER |
Energy Efficiency class | Packaged(1) |
A | 3.00<EER |
B | 3.00≥EER>2.80 |
C | 2.80≥EER>2.60 |
D | 2.60≥EER>2.40 |
E | 2.40≥EER>2.20 |
F | 2.20≥EER>2.00 |
G | 2.00≥EER |
Table 1.3
Energy Efficiency class
Single-duct
A
2.60<EER
B
2.60≥EER>2.40
C
2.40≥EER>2.20
D
2.20≥EER>2.00
E
2.00≥EER>1.80
F
1.80≥EER>1.60
G
1.60≥EER
Energy Efficiency class | Split and multi-split appliances |
A | 3.60<EER |
B | 3.60≥EER>3.30 |
C | 3.30≥EER>3.10 |
D | 3.10≥EER>2.80 |
E | 2.80≥EER>2.50 |
F | 2.50≥EER>2.20 |
G | 2.20≥EER |
Energy Efficiency class | Packaged |
A | 4.40<EER |
B | 4.40≥EER>4.10 |
C | 4.10≥EER>3.80 |
D | 3.80≥EER>3.50 |
E | 3.50≥EER>3.20 |
F | 3.20≥EER>2.90 |
G | 2.90≥EER |
Energy Efficiency class | Split and multi-split appliances |
A | 3.60<COP |
B | 3.60≥COP>3.40 |
C | 3.40≥COP>3.20 |
D | 3.20≥COP>2.80 |
E | 2.80≥COP>2.60 |
F | 2.60≥COP>2.40 |
G | 2.40≥COP |
Energy Efficiency class | Packaged (1) |
A | 3.40<COP |
B | 3.40≥COP>3.20 |
C | 3.20≥COP>3.00 |
D | 3.00≥COP>2.60 |
E | 2.60≥COP>2.40 |
F | 2.40≥COP>2.20 |
G | 2.20≥COP |
Table 3.3
Energy Efficiency class
Single-duct
A
3.00<COP
B
3.00≥COP>2.80
C
2.80≥COP>2.60
D
2.60≥COP>2.40
E
2.40≥COP>2.10
F
2.10≥COP>1.80
G
1.80≥COP
Energy Efficiency class | Split appliances |
A | 4.00<COP |
B | 4.00≥COP>3.70 |
C | 3.70≥COP>3.40 |
D | 3.40≥COP>3.10 |
E | 3.10≥COP>2.80 |
F | 2.80≥COP>2.50 |
G | 2.50≥COP |
Energy Efficiency class | Packaged |
A | 4.70<COP |
B | 4.70≥COP>4.40 |
C | 4.40≥COP>4.10 |
D | 4.10≥COP>3.80 |
E | 3.80≥COP>3.50 |
F | 3.50≥COP>3.20 |
G | 3.20≥COP |
(2) A person guilty of an 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—
Defence
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 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 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 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 notice 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 market: technical documentation) as the authority considers appropriate.
Test purchases
7.
—(1) An enforcement authority shall have power, for the purpose 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 regulated appliance to have that appliance tested.
(3) A test of a regulated appliance purchased under this paragraph, or seized or detained under paragraph 8 (power to enter premises and inspect, seize and detain a regulated appliance etc), shall be carried out in accordance with the test procedures of the harmonised standard.
Power to enter premises and inspect, seize and detain a regulated appliance and records relating to it
8.
—(1) A duly authorised officer of an enforcement authority may on—
exercise, at all reasonable hours, the powers set out in sub-paragraph (2).
(2) The powers referred to in sub-paragraph (1) are—
(3) For the purposes of sub-paragraph (2), paragraphs (b) and (d), 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 under his hand, which shall continue in force for a period of one month, authorise an officer of an enforcement authority to enter the premises, 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) In the application of this paragraph to Scotland, the reference in sub-paragraph (4) to a justice of the peace shall be construed as a reference to a sheriff and the references to written information on oath shall be construed as references to evidence on oath.
(9) 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 a regulated appliance and records relating to it
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 a regulated appliance etc), may apply for an order requiring the regulated 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 this paragraph 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 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' Court Act 1980[18] or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981[19] (statement of case).
Compensation for loss etc of a regulated appliance or records seized
10.
—(1) Where a duly authorised officer of an enforcement authority exercises any powers under paragraph 8 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 regulated 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 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 other 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.
[3] 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 5 to the Scotland Act 1998 (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)). There has been no designation of the National Assembly for Wales in respect of such measures under section 2(2) of the European Communities Act 1972 (c. 68).back
[4] OJ No. L 297, 13.10.1992, p. 16. The Parent Directive was extended to the European Economic Area (EEA) by EEA Joint Committee Decision No. 7/94 of 21.3.1994 (OJ No. L 160, 28.6.1994, p. 1).back
[5] OJ No. L 86, 3.4.2002, p. 26. A corrigendum was published on 11th February 2003 correcting a number of mistakes (OJ No. L 34, 11.2.2003, p. 30) and the directive was amended by the Act concerning the conditions of accession of ten further member States; Annex II: List referred to in Article 20 of the Act of Accession - 12. Energy - B. Energy labelling (OJ No. L 236, 23.9.2003, p. 590). It was extended to the European Economic Area by EEA Joint Committee Decision No.123/2004 of 24.9.2004 (OJ No. L 64, 10.3.2005, p. 20) with adaptations.back
[7] Cmnd. 2073 and Cmnd. 2183.back
[9] European standard EN 14511 of 30th April 2004 entitled "Air-conditioners, liquid chilling packages and heat pumps with electrically driven compressors for space heating and cooling", which is transposed in the United Kingdom by British Standard BS EN 14511:2004 of the same title published by the British Standards Institution on 19th May 2004; the reference number of this European standard was published in the Official Journal of the European Communities in accordance with Article 2 of the Air Conditioners Directive in OJ No. C 115, 30.4.2004, p. 35.back
[10] OJ No. L 344, 6.12.1986, p. 24, as last amended by Council Regulation (EC) No. 807/2003 (OJ No. L 122, 16.5.2003, p. 36). This Directive was transposed by the Household Appliances (Noise Emission) Regulations 1990 (S.I. 1990/161; amended by S.I. 1994/1386, 2004/693); 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
[11] A number of other directives could apply to household air conditioners, for example, the Low Voltage Directive (73/23/EEC (OJ No. L 77, 26.3.1973, p. 29) as amended by Directive 93/68/EEC (OJ No. L 220, 30.8.1993, p. 1)) and the Electromagnetic Compatibility (EMC) Directive (89/336/EEC (OJ No. L 139, 23.5.1989, p. 19) as amended by Directive 93/68/EEC; Directive 89/336/EEC is repealed by Article 14 of Directive 2004/108/EC (OJ No. L 390, 31.12.2004, p. 24) on 20th July 2007), pursuant to which notified organisations may have made measurements.back
[12] Annex V was supplemented for the Icelandic and Norwegian terms by EEA Joint Committee Decision No. 123/2004.back
[13] See, for example, Regulation (EC) No. 1980/2000 on a revised Community eco-label award scheme (OJ No. L 237, 21.9.2000, p. 1). As at the date of making these Regulations, there is no national environmental labelling scheme in the United Kingdom for this type of appliance.back
[15] EEA Joint Committee Decision No. 123/2004 adapted the Air Conditioners Directive to make provision for Icelandic and Norwegian relevant language versions.back
[16] OJ No. L 237, 21.9.2000, p. 1.back
[17] Where noise information is provided, the Household Appliances (Noise Emission) Regulations 1990 apply (S.I. 1990/161 as amended by S.I. 1994/1386, 2004/693).back
[18] 1980 c. 43; there are amendments to this Act not relevant to these Regulations.back
[19] S.I. 1981/1675 (N.I. 26).back