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Explanatory Note

(This note is not part of the Regulations)

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 2002/31/EC (implementing Council Directive 92/75/EEC with regard to energy labelling of household air conditioners).

Air conditioners to which these Regulations apply are those specified in regulation 3, subject to the exclusions specified in regulation 4.

Suppliers, as defined in regulation 2, must supply labels (which comply with Schedules 1 and 3) and information notices (which comply with Schedules 2 and 3) about the energy consumption of those regulated household air conditioners (regulations 7 and 8). Suppliers are deemed to consent to the publication of the information given on a label or in an information notice (regulation 9). They are responsible for the accuracy of this information (regulation 10) and are required to establish, before the air conditioner is placed on the Community market, technical documentation to enable the accuracy of the information to be assessed (regulation 6). Information obtained for the purposes of the Regulations must be obtained in accordance with regulation 5.

Dealers, as defined in regulation 2, must attach a label to a regulated household air conditioner displayed to end-users (regulation 11).

Where a regulated household air conditioner is for sale by communication (as defined in regulation 2), the dealer is required by regulation 12 to provide relevant information as set out in Schedules 2 and 3.

Regulation 14 prohibits the display of misleading information about the energy consumption of regulated household air conditioners. Regulation 15 provides for the presumption of compliance. Regulation 16 and Schedule 5 contain provisions on offences, penalties and other matters of enforcement.

Where a supplier is required to provide labels in another Community language, Schedule 4 sets out the equivalent terms to the terms in English in Schedules 1 and 2.

Regulation 17 makes transitional provision; until 30th June 2003 the Regulations do not apply unless a regulated air conditioner is offered for sale or displayed with a label or information notice or is distributed with a communication.

A Regulatory Impact Assessment, estimating the financial impact of the Regulations on suppliers, dealers and wholesalers of household air conditioners covered by the scheme, can be obtained from: Environment, Business and Consumers Division, Department for Environment, Food and Rural Affairs, Ashdown House, 123 Victoria Street, London SW1E 6DE.