These Regulations may be cited as the Energy Information (Household Refrigerators and Freezers) Regulations 2004 and shall come into force on 1st July 2004.

(1)    In these Regulations—

(a)    “the Refrigerators and Freezers Directive” means Commission Directive 94/2/EC as amended by Commission Directive 2003/66/EC implementing Council Directive 92/75/EEC with regard to energy labelling of household electric refrigerators, freezers and their combinations;

(b)    “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; and

(c)    “the Directives” means the Refrigerators and Freezers Directive and the Parent Directive.

(2)    In these Regulations, expressions used which are also used in the Directives have the same meaning as in the Directives and—

“the 1994 Regulations” means the Energy Information (Refrigerators and Freezers) Regulations 1994;

“communication”, as a means by way of which appliances are offered for sale, means a printed or written communication or other means whereby the potential customer cannot be expected to see the appliance displayed, such as a written offer, a mail order catalogue, advertisements on the internet or other electronic media;

except for the reference to the Community in regulation 6(3), a reference to the Community includes a reference to the EEA;

“dealer” means a retailer or other person who offers for sale, displays or sells household appliances to end-users;

“EEA” means the European Economic Area created by the EEA Agreement;

“EEA Agreement” means 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 and the Amending Agreement signed at Luxembourg on 14th October 2003;

“enforcement authorities” means—

(a)    in England and Wales and Scotland, a local weights and measures authority within the meaning of section 69 (local weights and measures authorities) of the Weights and Measures Act 1985; and

(b)    in Northern Ireland, the Department of Enterprise, Trade and Investment;

“the harmonized standards” means EN 153:1995;

“information sheet” means a standard table of information relating to the appliance in question;

“records” includes any books, documents, labels, marks, symbols and inscriptions and any records in non-documentary form;

“regulated appliance” has the meaning given by regulation 3(3);

“sale” includes hire and hire-purchase and related expressions shall be construed accordingly;

“supplier” means the manufacturer or his authorised representative in the Community or the person who places the product on the Community market.

(1)    Subject to paragraph (2), these Regulations apply to electric mains operated household—

(a)    refrigerators;

(b)    frozen food storage cabinets;

(c)    food freezers,

and their combinations, whether or not they are sold or displayed for non-household use.

(2)    These Regulations do not apply to—

(a)    the rating plate or its equivalent affixed for safety purposes to an appliance; or

(b)    appliances that may also use other energy sources, such as batteries.

(3)    A household appliance to which these Regulations apply is referred to as a regulated appliance.

(1)    Nothing in these Regulations shall apply to—

(a)    appliances placed on the Community market before 1st July 2004; or

(b)    second hand appliances.

(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.

(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 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.

(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—

(a)    the name and address of the suppliers;

(b)    a general description of the appliance, sufficient for it to be 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)    reports of relevant measurement tests carried out under the harmonized standards;

(e)    details of such calculations, extrapolations or both, as the case may be, and of tests undertaken to verify the accuracy of the calculations undertaken (details of the mathematical model for calculating performance and of measurements taken to verify this model) 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;

(f)    operating instructions, if any.

(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.

(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.

(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—

(a)    it shall be in the relevant language version;

(b)    the content and form shall be as specified in Schedule 2 (the information sheet);

(c)    the category of the appliance shall be determined in accordance with Schedule 4 (categories of appliance) for the purposes of complying with paragraph 1(3) of that Schedule; and

(d)    the energy efficiency class indicated shall be determined in accordance with Schedule 5 (energy efficiency class) for the purposes of complying with paragraph 1(4) of that Schedule.

(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.

(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.

The supplier shall be deemed to consent to the publication of the information given on a label or in an information sheet.

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.

Where a person offers an appliance for sale by means of a communication, that person shall ensure that the communication—

(a)    is in the relevant language;

(b)    includes the information specified in Schedule 3 (mail order and other distance selling) and describes the appliance in accordance with Schedules 4 (categories of appliance) and 5 (energy efficiency class); and

(c)    where other information is provided, if it is required to be contained in an information sheet it shall be included with the information required by sub-paragraph (b) above in the form defined and the order specified in Schedule 2.

(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.

(3)    Paragraph (1) shall not apply to a label, mark, symbol or inscription displayed pursuant to the 1994 Regulations.

Unless there is evidence to the contrary, labels and information sheets are deemed to comply with the provisions of these Regulations.

(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.

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.

(1)    Subject to paragraph (2), the 1994 Regulations and the Energy Information and Energy Efficiency (Miscellaneous Amendments) Regulations 2001 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—

(a)    to an appliance placed on the Community market before 1st July 2004; or

(b)    to a regulated appliance placed on the Community market on or after 1st July 2004 but before 31st December 2004 where the information required to be provided was obtained by measurements made in accordance with EN 153: 1990.

Whitty

Parliamentary Under-Secretary of State,

Department for Environment,

Food and Rural Affairs

Address

Date: 27th May 2004

Label design

1

The label shall be in accordance with Figure 1 and shall include the information required by the notes.

(This illustration is currently unavailable. Please see the original.)

Notes to Figure 1

2

The following notes define the information to be included—

Printing

3

(1)    Figure 2 defines certain aspects of the label.

(This illustration is currently unavailable. Please see the original.)

(2)    The indicator letter for A+ and A++ appliances shall be in accordance with the following illustrations, and shall be placed in the same position as the A indicator for A class appliances.

(This illustration is currently unavailable. Please see the original.)

(3)    Colours are to be used on the label in accordance with the following—

CMYK: cyan, magenta, yellow, black.

Example: 07X0: 0% cyan, 70% magenta, 100% yellow, 0% black.

Arrows:

—A: X0X0

—B: 70X0

—C: 30X0

—D: 00X0

—E: 03X0

—F: 07X0

—G: 0XX0

Outline colour X070.

All text is in black. The background is white.

1

The information sheet shall contain the information specified below. The information may be given in the form of a table covering a number of appliances supplied by the same supplier, in which case it shall be given in the order specified, or given in the description of the appliance.

(1)    Supplier's name or trade mark.

(2)    Supplier's model identifier.

(3)    Type of appliance as follows—

(4)    The energy efficiency class of the model as defined in Schedule 5 (energy efficiency class), expressed as “Energy Efficiency class… on a scale of A++ (most efficient) to G (least efficient)”. Where this information is provided in a table this may be expressed by other means provided it is clear that the scale is from A++ (most efficient) to G (least efficient).

(5)    Where the information is provided in a table, and where some of the appliances listed in the table have been granted a “Community Eco-label” under Regulation (EEC) No 880/92, this information may be included here. In this case the row heading shall state “Community Eco-label award” and the entry shall consist of a copy of the Eco-award mark (the flower). This provision is without prejudice to any requirements under the Community Eco-label award scheme.

(6)    Energy consumption in accordance with the harmonised standards but expressed in kWh per year (i.e. per 24 hours x 365), described as: “energy consumption XYZ kWh per year, based on standard test results for 24 hours. Actual energy consumption will depend on how the appliance is used and where it is located”.

(7)    Except for categories 2, 8, 9 and 10, the net storage volume of the fresh food storage compartment (5°C) in accordance with the harmonised standards.

(8)    Except for categories 1, 2, 3 and 10, the net storage volume of the frozen food storage compartment, and of the chill compartment when available, in accordance with the harmonised standards.

(9)    For categories 2 and 10, the net storage volume of each compartment in accordance with the harmonised standards.

(10)    For category 3 appliances, the net storage volume of the “ice box”.

(11)    Star rating of the frozen food storage compartment, if any, in accordance with the harmonised standards.

(12)    The statement “no frost” may be included here when in accordance with the definitions given in the harmonised standards.

(13)    “Power cut safe Z h” defined as “temperature rise time” in accordance with the harmonised standards.

(14)    “Freezing capacity” in kg/24 hours in accordance with the harmonised standards.

(15)    “Climate class” in accordance with the harmonised standards. Where the appliance is of 'temperate' climate class this may be omitted.

(16)    “Noise”, where applicable.

(17)    If the model is produced in order to be built-in, this should be stated.

2

Where an appliance contains compartments other than a single fresh food compartment and a single frozen food compartment, extra lines may be added in respect of information to be given pursuant to paragraph 1(7), (8), (9), (10), (11), (12), (13), (14) and (15) above to include the information in respect of these compartments. In this case the naming and order of listing of the compartments shall be consistent. Where the design temperature of a compartment does not conform to the star rating system, or the standard fresh food compartment temperature (5°C), this design temperature shall be given.

3

The information contained in the label may be given in the form of a copy of the label, either in colour or in black and white. In this case the further information given only in the information sheet must still be included.

1

(1)    Mail order catalogues and other communications shall contain the following information, given in the order specified below—

(a)    energy efficiency class of the model in accordance with paragraph (4) of Schedule 2 (energy efficiency class);

(b)    energy consumption in accordance with paragraph (6) of Schedule 2 (energy consumption);

(c)    net storage volume of the fresh food storage compartment (5°C) in accordance with paragraph (7) or, as the case may be, paragraph (9) of Schedule 2 (net storage volume);

(d)    net storage volume of the frozen food storage compartment, and of the chill compartment when available, in accordance with paragraph 1(8) or, as the case may be, paragraph 1(9) or (10) of Schedule 2 (net storage volume);

(e)    star rating in accordance with paragraph (11) of Schedule 2;

(f)    noise, where applicable.

(2)    The size and font, in which all the information referred to in paragraph above is printed, shall be legible.

1

The appliances covered by the Directive shall be divided up into the following 'categories':—

These Regulations implement 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) and Commission Directive 94/2/EC as amended by Commission Directive 2003/66/EC (implementing Council Directive 92/75/EEC with regard to energy labelling of household electric refrigerators, freezers and their combinations).

The texts of Council Directive 92/75/EEC and Commission Directive 94/2/EC (as amended by Commission Directive 2003/66/EC) have been extended to the European Economic Area (“EEA”) by amendments to points 4 and 4a of Chapter IV of Annex II to the Agreement. The EEA states that are not member States are Norway, Liechtenstein and Iceland.

Household electric refrigerators, freezers and their combinations to which these Regulations apply are those specified in regulation 3, subject to the exclusions specified in regulation 4. In particular, they do not apply to appliances placed on the Community market before 1st July 2004.

Suppliers, as defined in regulation 2, must supply labels (which comply with Schedules 1 and 4) free of charge to dealers (regulation 7(3)) and supply information sheets (which comply with Schedules 2, 4 and 5) giving information about the energy consumption of those appliances (regulations 7 and 8). They are responsible for the accuracy of the information (regulation 9) and are required to establish, before the appliance is placed on the Community market, technical documentation to enable the accuracy of the information to be assessed and to retain that information for a period of 5 years after the last appliance of a particular model is manufactured (regulation 5). Suppliers are deemed to consent to the publication of the information given on a label or in an information sheet (regulation 10).

Dealers, as defined in regulation 2, must attach labels to displayed appliances displayed to end-users (regulation 11).

Where a person offers an appliance for sale by way of a communication (as defined in regulation 2(2)), that person is required by regulation 12 (information in respect of mail order and other distance selling) to provide certain information to the potential purchaser a set out in Schedule 3.

Regulation 13 prohibits the display of misleading information about the energy consumption of an appliance, save where labels that comply with the 1994 Regulations are permitted to be displayed. Regulation 14 provides a presumption of compliance in respect of labels and information sheets.

Regulation 15 and Schedule 6 contain provisions on offences, penalties and other matters of enforcement. Prosecutions in Scotland cannot be brought by the enforcement authority (regulation 15(2)) but are brought by the Procurator Fiscal.

Regulation 16 contains transitional provisions allowing labels, information sheets and communications that comply with the 1994 Regulations to be displayed or used in relation to appliances placed on the Community market on or before 30th December 2004.

Regulation 17(1) revokes the 1994 Regulations and the Energy Information and Energy Efficiency (Miscellaneous Amendments) Regulations 2001 to the extent that they amend the 1994 Regulations on the 31st December 2004, subject to paragraph (2). Regulation 17(2) preserves the provision of the 1994 Regulations in two situations: for appliances placed on the Community market before 1st July 2004; or where an appliance is placed on the Community market after 30th June 2004 but before 31st December 2004 and measurements were made using EN 153:1990 (BS EN 153:1990).

A full Regulatory Impact Assessment of the effect that these Regulations will have on the costs of business has been prepared and placed in the library of each House of Parliament, together with Transposition Notes setting out how the main elements of Council Directive 92/75/EEC and Commission Directive 94/2/EC (as amended) are transposed in these Regulations. Copies of these documents may be obtained from the Department for Environment Food and Rural Affairs, Environment Business and Consumers Division, Zone 6/D10, Victoria Street, London SW1E 6DE.

Copies of the British Standards publications referred to in these Regulations may be obtained from any of the sales outlets operated by the British Standards Institution or by post from the British Standards Institution, 389 Chiswick High Road, London W4 4AJ.