ENERGY CONSERVATION Citation and commencement 1 These Regulations may be cited as the Energy Efficiency (Refrigerators and Freezers) Regulations 1997 and shall come into force on 3rd September 1999. Interpretation 2 1 In these Regulations, unless the context otherwise requires, expressions used have the same meaning as in the Directive and— “appliance” means an appliance to which these Regulations apply by virtue of regulation 3 (application); “the Directive” means European Parliament and Council Directive 96/57/ EC ; “EC mark”, except in relation to regulation 4(4), means a mark consisting of the symbol “CE” as described and shown in Schedule 2, and in that regulation means a mark consisting of the symbol “CE”; “enforcement authority” means— in England and Wales and Scotland, a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985 (local weights and measures authorities) ; and in Northern Ireland, the Department of Economic Development; “enforcement action” means the instituting of proceedings (whether criminal or otherwise) for failing to observe or comply with these Regulations; “records” includes any books, documents, marks or symbols and any records in non-documentary form; “supplier” means the manufacturer of an appliance or his authorized representative in the Community or the person who places an appliance on the Community market; “third person” means any person other than the one against whom enforcement action may be or has been taken under these Regulations. 2 References in these Regulations to complying with or conforming to the requirements of these Regulations or any part thereof, in relation to acts done within the territory of a Member State other than the United Kingdom, are references to complying with or conforming to the equivalent requirements of the legislation of that State implementing the Directive, or, if there is no such legislation, of the Directive. Application 3 1 Subject to paragraphs (2) and (3), these Regulations shall apply to household— a refrigerators, b frozen food storage cabinets, c food freezers and their combinations as defined in Schedule 1. 2 These Regulations shall apply only to appliances which are— a electric mains operated, and b unable to use other energy sources, such as accumulators. 3 These Regulations shall not apply to— a second-hand appliances, b appliances working on the absorption principle, or c appliances manufactured on a one-off basis. Suppliers' duties in respect of appliances 4 1 A supplier shall not place an appliance on the Community market unless— a the electricity consumption of the appliance is less than or equal to the maximum allowable electricity consumption value for its category as calculated according to the procedures set out in Schedule 1; and b the appliance and, where appropriate, its packaging, bears the EC mark affixed in a visible, legible and indelible manner. 2 The manufacturer of an appliance, or his authorised representative established within the Community, shall be responsible for establishing the appliance’s conformity with the requirements of paragraph (1)(a). 3 Unless there is evidence to the contrary, an appliance bearing the EC mark required under paragraph (1)(b) shall be deemed to comply with these Regulations. 4 Where an appliance is subject to other Community Directives covering other aspects and which provide for affixing of the EC mark, the EC mark shall indicate that the appliance is presumed, in the absence of evidence to the contrary, to comply with the requirements of those other Directives. 5 Where one or more of the other Directives referred to in paragraph (4) allows the manufacturer to choose which rules to apply during a transitional period,— a the EC mark shall indicate conformity only with the Directives applied by the manufacturer; and b the supplier shall give, in any document, notice or instructions accompanying the appliance, the reference numbers (as published in the Official Journal of the European Communities) of the Directives applied. The EC declaration of conformity 5 1 The manufacturer of an appliance, or his authorised representative established within the Community, shall draw up a written declaration of conformity relating to the appliance, which attests that the appliance has been assessed in accordance with the procedure set out in Schedule 1 and conforms with the requirements of regulation 4(1)(a) and that Schedule. 2 No person shall issue a declaration of conformity in respect of an appliance unless the appliance complies with the requirements of these Regulations. 3 The supplier of an appliance shall keep a copy of the declaration of conformity with the technical documentation required by regulation 6 (duties in respect of technical documentation etc. ). Duties in respect of technical documentation etc. 6 1 The manufacturer of an appliance shall establish technical documentation sufficient to allow an assessment of whether the appliance conforms with the requirements of these Regulations. 2 So far as relevant to the assessment, the technical documentation shall cover the design, manufacture and operation of the appliance and shall comprise: a the name and address of the manufacturer; b a general description of the appliance, sufficient for it to be identified unambiguously; c information (including drawings as relevant) on the main design features of the appliance and, in particular, items which appreciably affect its energy consumption, such as dimensions, volume(s), compressor characteristics, special features, etc.; d the operating instructions, if any; e the results of electricity consumption measurements carried out according to the procedures specified in European Standard EN 153 ; and f details of the conformity of these measurements as compared to the energy consumption requirements set out in Schedule 1. 3 Technical documentation established for other Community legislation may be used in so far as it meets the requirements of this regulation. 4 The supplier shall keep the technical documentation, together with a copy of the declaration of conformity, relating to the appliance, available for inspection by enforcement authorities for a period of not less than three years from the date on which the last such appliance has been manufactured. 5 The supplier shall as soon as practicable furnish to an enforcement authority such of the technical documentation and the copy declaration of conformity as the authority requires pursuant to paragraph 9 of Schedule 3 (power of enforcement authority to require technical documentation etc.). Misleading markings 7 No person shall affix, or cause to be affixed, to an appliance— a an EC mark, where the appliance does not comply with regulation 4(1)(a) (electricity consumption of appliance to be less than or equal to maximum allowable), b a marking which would be likely to mislead another as to the meaning and form of the EC mark, or c any marking, object or substance which reduces the visibility or legibility of the EC mark. Suppliers' duties in respect of non-conforming appliances 8 1 Where an appliance carrying the EC mark fails to conform to the requirements of these Regulations and its failure so to conform has been established in accordance with Part II of Schedule 1, the supplier of the appliance shall take all necessary steps to bring the appliance into conformity with these Regulations and to end the infringement as soon as practicable. 2 Where the appliance continues not to conform with these Regulations, the supplier shall take all necessary steps to ensure withdrawal of the appliance from the market as soon as practicable. Manufacturers' duties in respect of the manufacturing process 9 The manufacturer of an appliance shall take all measures necessary in order that the manufacturing process ensures that the appliance complies with the technical documentation referred to in regulation 6 (duties in respect of technical documentation etc.) and with the requirements of these Regulations. Enforcement and offences 10 1 Subject to paragraph (3), it shall be the duty of every enforcement authority to enforce these Regulations within its area. 2 Schedule 3 shall have effect with regard to offences, enforcement of these Regulations, and other matters. 3 Nothing in these Regulations shall authorise a local weights and measures authority in Scotland to bring proceedings in Scotland for an offence. 4 Where an enforcement authority takes a decision pursuant to these Regulations which amounts to or includes a restriction on the placing on the market of an appliance, the authority shall without delay inform— a the party affected and the Secretary of State of the decision and the precise grounds on which it is based, and b the party affected of the possibilities and time limits regarding legal remedies available to it in respect of the decision. John Prescott One of Her Majesty’s Principal Secretaries of State Department of the Environment 2nd August 1997