The Energy Efficiency (Ballasts for Fluorescent Lighting) Regulations 2001

Citation and commencement

1.  These Regulations may be cited as the Energy Efficiency (Ballasts for Fluorescent Lighting) Regulations 2001 and shall come into force on 21st May 2002.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires, expressions used which are also used in the Directive have the same meaning as in the Directive and—

“ballast” means a ballast to which these Regulations apply by virtue of regulation 3 (application);

“the Directive” means European Parliament and Council Directive 2000/55/EC on energy efficiency requirements for ballasts for fluorescent lighting(1);

“EC mark” means a mark consisting of the symbol “CE” as described and shown in Schedule 2;

“enforcement authority” means—

(a)

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)(2); and

(b)

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

“European Standard EN 50294” and “European Standard EN 60920” mean the Standards of those designations issued by the European Committee for Electromechanical Standardisation in December 1998 and August 1991 respectively, the latter as amended by amendment A11 issued by the Committee in February 2000;

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

“supplier” means the manufacturer of a ballast or his authorised representative in the Community or the person who places a ballast, either as a single component or incorporated into luminaires, on the Community market.

(2) For the purposes of these Regulations compliance with an equivalent requirement of the legislation of another Member State constitutes sufficient compliance with the relevant requirement of these Regulations.

Application

3.—(1) Subject to paragraph (2), these Regulations shall apply to electric mains-operated ballasts for fluorescent lighting sources as defined in paragraph 3.4 of European Standard EN 50294.

(2) These Regulations shall not apply to—

(a) ballasts integrated into lamps;

(b) ballasts designed specifically for luminaires to be mounted in furniture and which form a non-replaceable part of the luminaire which cannot be tested separately from the luminaire (according to paragraph 2.1.3 of European Standard EN 60920); and

(c) ballasts to be exported from the Community, either as a single component or incorporated in luminaires.

Suppliers' duties in respect of ballasts

4.—(1) A supplier shall not place a ballast on the Community market unless—

(a) the electricity consumption of the ballast is less than or equal to the maximum input power consumption for the category of ballast according to Schedule 1;

(b) the ballast and any packaging bears the EC mark affixed in a visible, legible and indelible manner; and

(c) where a ballast is incorporated in a luminaire, the luminaire and any 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 ballast’s conformity with the requirements of paragraph (1)(a).

(3) Unless there is evidence to the contrary, a ballast or luminaire bearing the EC mark required under paragraph (1)(b) or (c) shall be deemed to comply with these Regulations.

The EC declaration of conformity

5.—(1) The manufacturer of a ballast or his authorised representative established within the Community shall draw up a written declaration of conformity relating to the ballast, which attests that it has been assessed in accordance with Schedule 1 and conforms with the requirement of regulation 4(1)(a) and that Schedule.

(2) No person shall issue a declaration of conformity in respect of a ballast unless the ballast complies with the requirements of these Regulations.

(3) The supplier of a ballast 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 a ballast shall establish technical documentation sufficient to allow an assessment of whether it 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 ballast and shall comprise:

(a) the name and address of the manufacturer;

(b) a general description of the ballast, sufficient for it to be identified unambiguously;

(c) information (including drawings as relevant) on the main design features of the ballast and, in particular, items which appreciably affect its energy consumption;

(d) the operating instructions, if any;

(e) the results of electricity consumption measurements carried out according to the procedures specified in European Standard EN 50294(3); 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 ballast, available for inspection by enforcement authorities for a period of not less than three years from the date on which the last such ballast has been manufactured.

(5) The supplier shall furnish to an enforcement authority such of the technical documentation and the copy declaration of conformity as the authority requires by a notice issued pursuant to paragraph 6 of Schedule 3 (power of enforcement authority to require technical documentation etc.) by the time specified in the notice.

Misleading markings

7.  No person shall affix, or cause to be affixed, to a ballast or, where a ballast is incorporated in a luminaire, to a luminaire or to any packaging of a ballast or incorporating luminaire—

(a) an EC mark, where the appliance does not comply with regulation 4(1)(a) (electricity consumption of ballast 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 ballasts

8.—(1) Where a ballast or luminaire incorporating a ballast—

(a) carries the EC mark, and

(b) fails to conform to the requirements of these Regulations,

the supplier shall take all necessary steps to bring the ballast or luminaire into conformity with those requirements as soon as practicable.

(2) Where the ballast or luminaire continues not to conform to the requirements of these Regulations, the supplier shall take all necessary steps to ensure its withdrawal 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 conforms to the technical documentation referred to in regulation 6 (duties in respect of technical documentation etc.) and with the requirements of these Regulations.

Breach of regulation 8 or 9

10.  Breach of regulation 8 (suppliers' duties in respect of non-conforming ballasts) or 9 (manufacturers' duties in respect of the manufacturing process) shall be actionable by civil proceedings.

Enforcement and offences

11.—(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 to institute civil proceedings pursuant to these Regulations which may result in a restriction on the placing on the market of a ballast or luminaire, 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 possibility and the time limits regarding legal remedies available to it in respect of the decision.

Signed by authority of the Secretary of State for Environment, Food and Rural Affairs

Michael Meacher

Minister of State,

Department for Environment, Food and Rural Affairs

3rd October 2001