General Questions
What are the Energy Labelling Regulations?
These Regulations are the Irish transposition of the EU Energy Labelling Directive (2010/30/EU), which is a recast of the original Energy Labelling Directive (92/75/EEC). The Energy Labelling Regulations (S.I. No. 366 of 2011) came into force on 20 July 2011 and aims to facilitate the labelling of products so that the power consumption of one make and model can be compared to another. The EU Regulations for specific product groups have direct effect and can be found below:
Household refridgerators, freezers and their combinations
Household dishwashers
Household electric washing machines
Household ovens
Household air conditioners
Household lamps
Household electric tumble dryers
Household electric washer dryers
Televisions
What is the purpose of this legislation?
The legislation is in place to ensure that consumers are provided with relevant information relating to the energy efficiency consumption of an appliance. The aim of the legislation is to encourage consumers to choose more energy efficient products using information provided to them at point of sale.
What should I be looking for?
Any product for sale, hire or hire purchase on the EU market must display an energy label, affixed by the distributor (retailer) at the point of sale displaying, amongst other things, details of its energy efficiency A (most efficient) to G (least efficient) and manufacturer. Other information will depend on the type of product but examples include water consumption, noise levels, washing, cleaning and drying performance class.
There are currently two labels in circulation. The current label comes in two parts comprising of a strip with a clear background with the other strip containing the energy information of the product. Energy efficiency rating for the current label is on a scale from A to G.
Current Label
The new energy labels introduced on 20 December 2010 only apply to TVs, fridges, dishwashers and washing machines at present. These products were chosen as the majority of models placed on the market could offer the highest level of energy efficiency under the old system i.e. an A rating. Lower ratings had become obsolete. Other products will follow in due course. The new labels can be used on a voluntary basis but they will become mandatory in December 2011.
New Label
Each appliance should also be accompanied by an information notice/sheet providing similar information in written form. Where a product brochure is provided it must also contain an information sheet/notice also know as a fiche.
Does this legislation apply to online shopping and distance selling?
Yes. When you are shopping online or from a catalogue etc, you should look for an energy label and a product fiche. Online retailer and distance sellers are required to comply with obligations under the Directive. As a consumer you should ensure that you are aware of all information regarding the appliance you are interested in purchasing. Choosing an energy efficient appliance will save you money in the long term as well as helping to protect the environment.
Consumers
Who should I contact with a complaint?
The Minister for Communications, Energy and Natural resources is the Market Surveillance Authority (MSA) for the Energy Labelling Regulations. The MSA is responsible for ensuring compliance. If you notice a retailer is non compliant or not displaying a label etc, you should contact the MSA. The MSA will examine the compliant and contact the retailer in question. If non-compliance is detected, the MSA will take further enforcement action.
Retailers
What are my responsibilities under the Regulations?
Retailers must ensure that:
- An energy label meeting the specifications set out in the relevant Implementing Measure is affixed in the specified position(s) on the appliance before it is offered for sale, and
- A product fiche containing specified information is supplied with the product and is available for inspection by potential purchasers before they buy.
These actions ensure that the consumer is informed of all relevant information relating to the energy efficiency of the appliance, prior to purchase.
Who is responsible for the enforcement of the Regulations?
The Minister for Communications, Energy and Natural Resources is the Market Surveillance Authority for energy labelling in Ireland. The MSA is obliged to carry out inspections of retail premises to ensure that retailers of applicable appliances are meeting their obligations under the legislation.
Where do I get the labels?
Labels should be provided, free of charge, by the supplier. If appliances are delivered without labels, you should contact the supplier immediately as the display of products without labels on the market is an offense under the Regulations.
What will happen if I don’t comply?
Where instances of non-compliance are detected, the retailer will receive a warning of non-compliance from the Minister. The warning may require the retailer to:
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Take measures to bring the product into compliance in a set period of time
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To keep records of such measures
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To carry out specific measures outlined in the notice
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To comply with monitoring and inspection requirements
A representation or response to the warning must be received within 14 days.
Following this the Minister will respond within 28 days. The response may contain:
A compliance direction will specify the grounds on which the direction is made, state when it comes into effect and will advise retailers on their right to appeal and/or to suspend their operation.
A person who commits an offense under Regulation 16(11) is liable on summary conviction to a class A fine.
An offense committed other that mentions under Regualtion 16(11) is liable on summary conviction to a class A fine, or on conviction on indictment, to a fine not exceeding € 250,000.
Retailers should note that any instance of non compliance will be flagged on the system and the retail premises may be subject to a repeat inspection.
What should I do if I suspect a product is non-compliant?
If you suspect a product is non compliant under the relevant Regulations you should not place it on the market. You should also report the suspect product to the MSA.
Why did you choose my shop for inspection?
Inspections can be carried out at random or, they can be planned.
Planned inspections may be based on a number of criteria including;
a. Retailers’ market share
b. History of/repeated non compliance
c. Complaints or information supplied by a third party
d. Retailers in this geographical region may not have been examined previously