. /.WORLD TRADE
ORGANIZATIONG/TBT/N/NZL/13
14 February 2003
(03-0952)
Committee on Technical Barriers to Trade Original:  English
NOTIFICATION
The following notification is being circulated in accordance with Article 10.6.
1. Member to Agreement notifying:   NEW ZEALAND
If applicable, name of local government involved (Articles 3.2 and 7.2):           
2. Agency responsible:   Ministry for the Environment
Name and address (including telephone and fax numbers, e-mail and web-site
addresses, if available) of  agency or authority designated to handle comments
regarding the notification shall be indicated if different from above:
Ministry for the Environment
P O Box 10 362 Wellington New Zealand
Tel.: +64 4 917 7400
Fax: +64 4 917 7526E-mail: regs@mfe.govt.nz
Web site.: www.mfe.govt.nz
3. Notified under Article 2.9.2 [ X], 2.10.1 [    ], 5.6.2 [    ], 5.7.1 [    ], other:           
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading.
ICS numbers may be provided in addition, where applicable):   Minimum energy
performance standards for ballasts for fluorescent lamps, and electric storage water heaters
(excluding those with three or more heating elements or designed for use with a solar water
heating system).
5. Title, number of pages and language(s) of the notified document:   Trans Tasman Mutual
Recognition (Temporary Exemption) Regulations 2003
6. Description of content:   The regulations provide for a temporary exemption from the Trans
Tasman Mutual Recognition Act 1997  for the provisions of the Energy Efficiency (Energy
Using Products) Regulations 2002 which relate to minimum energy performance standardsfor ballasts for fluorescent lamps (ballasts) and electric storage water heaters (water
heaters).
7. Objective and rationale, including the na ture of urgent problems where applicable:     
Objective:   To improve the energy efficiency of New Zealand’s stock of energy using
products over time.
The Energy Efficiency (Energy Using Products) Regulations 2002 were promulgated in
February 2002, making energy labelling mandatory for a range of household appliances,and setting out mandatory minimum energy performance standards (MEPS) for several
energy using products.  The proposal to make these regulations was notified on 17
December 2001 ( G/TBT/N/NZL/4 refers).  No change is proposed to these regulations.G/TBT/N/NZL/13
Page 2
Nature of urgent problems :  MEPS for ballasts and water heaters became mandatory on
1 February 2003.  The New Zealand MEPS are more stringent than the equivalent
Australian MEPS. The Trans Tasman Mutual Recognition Arrangement (TTMRA)
provides that goods produced in or imported into Australia which may be legally sold in
Australia can be sold in New Zealand regardless of differences in standards between thetwo countries.
Indications are that New Zealand’s energy efficiency objectives would be compromised by
the importation of ballasts and water heaters that meet Australian standards but which do
not meet New Zealand MEPS.  A temporary exemption has been implemented as a matter
of urgency to prevent this, and to allow time to investigate and resolve the issues around
differing MEPS stringency levels between Australia and New Zealand.
The Trans Tasman Mutual Recognition Act 1997 makes provision for imposing temporary
exemptions for the purpose of “avoiding, remedying or mitigating any adverse effects of
activities on the environment in New Zealand”.
8. Relevant documents:   NZS 4602  Low pressure copper thermal storage electric water
heaters; NZS 4606  Storage water heaters;  NZHB 4783.2  Ballasts for fluorescent lamps;
(available for purchase from Standards New Zealand www.standards.co.nz  )
Energy Efficiency (Energy Using Products) Regulations 2002 (available from the Ministry
for the Environment:  regs@mfe.govt.nz  )
9. Proposed date of adoption:  Regulations signed by Governor General 28 January 2003
Proposed date of entry into force:  Regulations take effect 1 February 2003
10. Final date for comments:   Comments related to the continuation of the temporary
exemption can be received up to 30 April 2003
11. Texts available from:  National enquiry point [ X] or address, telephone and fax
numbers, e-mail and web-site addresses, if available of the other body:
Ministry for the Environment
P O Box 10 362 Wellington New Zealand
Tel.: +64 4 917 7400
Fax: +64 4 917 7526E-mail: regs@mfe.govt.nz
Web site.: www.mfe.govt.nz