The Energy Information (Household Refrigerators and Freezers) Regulations 2004

Interpretation

2.—(1) In these Regulations—

(a) “the Refrigerators and Freezers Directive” means Commission Directive 94/2/EC(1) as amended by Commission Directive 2003/66/EC(2) implementing Council Directive 92/75/EEC(3) 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(4);

“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(5);

“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(6); and

(b)

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

“the harmonized standards” means EN 153:1995(7);

“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)

OJ No. L 45, 17.2.1994, p. 1.

(2)

OJ No. L 170, 9.7.2003, p. 10.

(3)

OJ No. L 297, 13.10.1992, p. 16.

(4)

S.I. 1994/3076 as amended by S.I. 2001/3142.

(5)

The parent Directive was extended to the European Economic Area by EEA Joint Committee Decision No 7/94 of 21st March 1994 (OJ No. L 160, 28.6.1994, p. 1) and the Refrigerators and Freezers Directive was extended by EEA Joint Committee Decision 22/98 of 17th December 1998 (OJ No. L 342, 17.12.1998, p. 32) and EEA Joint Committee Decision 19/2004 of 19th March 2004, which has yet to be published in the Official Journal.

(6)

1985 c. 72, as amended by paragraph 75 of Schedule 16 to the Local Government (Wales) Act 1994 and paragraph 144 of Schedule 13 to the Local Government (Scotland) Act 1994 (c. 39).

(7)

European standard EN 153 of 1995 entitled “Methods of measuring the energy consumption of electric mains operated household refrigerators, frozen food storage cabinets, food freezers and their combinations, together with associated characteristics” (OJ No C 065, 1.3.1997, p. 16), which is transposed in the United Kingdom by British Standard BS EN 153:1996 of the same title published by the British Standards Institution on 15th April 1996.