ENERGY CONSERVATION Citation and commencement 1 1 These Regulations may be cited as the Energy Information (Household Air Conditioners) (No. 2) Regulations 2005. 2 This regulation and regulation 18(1) come into force on 30th June 2005 and all other regulations come into force on 1st August 2005. Interpretation 2 1 In these Regulations— “ the Parent Directive ” means Council Directive 92/75/ EEC on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances; “ the Air Conditioners Directive ” means Commission Directive 2002/31/ EC implementing the Parent Directive with regard to energy labelling of household air-conditioners; “ the Directives ” means the Parent Directive and the Air Conditioners Directive. 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— “ the 2003 Regulations ” means the Energy Information (Household Air Conditioners) Regulations 2003 ; “ appliance ” means a household air conditioner of the descriptions referred to in regulation 3(1) and (2); “ communication ” means a printed or written communication or other means whereby the potential customer cannot be expected to see the regulated appliance displayed, such as a written offer, a mail order catalogue, advertisements on the Internet or on other electronic media; and “ distributes a communication ” shall be construed accordingly; “ the Community ” means the European Community, and a reference to the Community includes a reference to an EEA State which is not a member State of the Community; “ dealer ” means a retailer or other person who offers for sale, displays or sells appliances to end-users; “ EEA State ” means a state that is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ; ... “harmonised standards” means EN 14511:2007 Parts 1-4; “ information sheet ” means a standard table of information relating to the regulated appliance in question; “local weights and measures authority” means a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985; “ records ” includes any books, documents, marks or symbols and any records in non-documentary form; “ regulated appliance ” means an appliance to which these Regulations apply; “ sale ” includes hire and hire-purchase and related expressions shall be construed accordingly; “ supplier ”, in relation to a regulated appliance, means the manufacturer of that appliance or his authorised representative in the Community or the person who places the appliance on the Community market. Enforcement authority 2A 1 in these Regulations the enforcement authority means— a for the purpose of enforcing regulation 11 (dealers’ duty in respect of a displayed regulated appliance) and regulation 12 (information in respect of mail order and other distance sales), in relation to England, Wales and Scotland, the local weights and measures authority, and in relation to Northern Ireland, the Department of Enterprise, Trade and Investment; and b for the purpose of enforcing regulation 6 (placing on the market: technical documentation), regulation 7 (suppliers’ duties in respect of labels), regulation 8 (suppliers’ duties in respect of the information sheet), regulation 10 (suppliers’ duties in respect of the accuracy of labels and information sheets) and regulation 14 (misleading information), the Secretary of State. 2 The Secretary of State may appoint any person to act on the Secretary of State’s behalf for the purposes of regulation 2A(1)(b), subject to any limitations or conditions as the Secretary of State sees fit. 3 Where the Secretary of State appoints a person under paragraph (2), the Secretary of State must publish details— a identifying that person, and b of the extent of the authorisation, including any limitations or conditions, on the Department for Environment, Food and Rural Affairs website. 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— a air cooled air conditioners of the following descriptions— i packaged units; ii single split systems; and iii multi-split systems; and b water cooled air conditioners of the following descriptions— i packaged units; and ii single split systems, whether or not they are displayed or sold for household use. 2 These Regulations apply to household air conditioners of the following descriptions— a factory-made units that can be ducted; b factory-made units of either fixed capacity or variable capacity by any means; c air-to-air air conditioners which evaporate the condensate on the condenser side, 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— a units having their condenser cooled by air and by the evaporation of external additional water; b units using transcritical cycles (for example with CO2 as the refrigerant); c appliances that may also use other energy sources; d air-to-water and water-to-water appliances; e units with an output (cooling power) greater than 12 kW. 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— a models of appliances of which production ceased before 1st August 2005; or b second hand appliances; 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 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— a the name and address of the supplier; b a general description of the model, sufficient for it to be uniquely and easily identified; c information, including drawings as relevant, on the main design features of the model and, in particular, items which appreciably affect its energy consumption; d the results of design calculations carried out, where these are relevant; e reports of relevant measurement tests carried out under the test procedures of the harmonised standard and, where available, those carried out by relevant notified organisations as defined under other Community legislation ; f operating instructions, if any, 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— a is in the relevant language version; and b includes the information specified in Schedule 2 (the information sheet) and describes the regulated appliance in accordance with Schedule 3 (energy efficiency classification). 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 (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 . 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 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