The Energy Information (Household Air Conditioners) (No. 2) Regulations 2005

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) as it applies to household air conditioners, and Commission Directive 2002/31/EC (implementing Council Directive 92/75/EEC with regard to energy labelling of household air conditioners). These directives apply to the EEA (EEA Joint Committee Decisions 7/94 and 123/2004 respectively).

Regulation 18 revokes the Energy Information (Household Air Conditioners) Regulations 2003 (S.I. 2003/750), subject to certain transitional provisions. It also revokes the Energy Information (Household Air Conditioners) Regulations 2005 (S.I. 2005/1531), in which there were errors, before they come into force.

The Regulations apply to air conditioners as specified in regulation 3, subject to the exclusions contained in that regulation and regulation 4. The exclusion in regulation 4(1) applies if the air conditioner was placed on the market anywhere in the Community (as defined in regulation 2(2)) before 1st August 2005.

By regulation 5, the information referred to in regulations 6 to 8 must be obtained, where relevant, through testing against the harmonised standard EN 14511. A supplier (as defined in regulation 2(2)) must establish technical documentation before placing the air conditioner on the market (regulation 6).

Suppliers have a duty to provide labels to dealers free of charge (regulation 7 and Schedules 1 and 3) and dealers (as defined in regulation 2(2)) have a duty to attach such labels to regulated appliances (also defined in regulation 2(2)) (regulation 11).

Suppliers are obliged to provide free of charge an information sheet (regulation 8 and Schedule 2), which must be included in any product brochure where provided, or, in other cases, with any other information provided. The Regulations make clear that suppliers are deemed to have consented to that information being published and they have a duty to ensure the accuracy of such information (regulations 9 and 10). Regulation 12 covers distance selling and requires that certain information be provided. Regulation 13 provides that, where information is to be provided in a language other than English, Annex V to the Air Conditioners Directive (Translation of Terms to be used in the Label and Fiche) is to be used for the purpose of translating terms into that other language.

Regulation 14 prohibits the provision of misleading information relating to energy information. Regulation 16 and Schedule 4 deal with enforcement.

Regulation 17 contains transitional provisions.

A 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 2002/31/EC (as corrected) 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/D11, Ashdown House, 123 Victoria Street, London SW1E 6DE.

Copies of British Standard BS EN 14511, which transposes EN 14511 referred to in these Regulations, may be obtained from any of the sales outlets operated by the British Standards Institution, by post from the British Standards Institution, Customer Services, 389 Chiswick High Road, London W4 4AJ, by telephone to 020 8996 9001, or by email to [e-mail].