Draft APPROVED by the Resolution of the Cabinet of Ministers of Ukraine No.________of_________2009. TECHNICAL REGULATION on Energetic Labelling of Household Appliances General Provisions 1. This Technical Regulation lays down basic rules for providing information on household appliances consumption of energy, other forms of energy or other resources, and additional information for consumers. 2. This Technical Regulation is developed having regard to the requirements of the Council Directive 92/75/EEC of September 22, 1992 on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances. 3. This Technical Regulation is developed for the purpose of: informing of consumers by energetic labeling on the consumption of energy and other essential resources by certain types of household appliances, which will allow consumers to choose more energy-efficient appliances; promoting of the efficient consumption of energy and other resources; reducing of the anthropogenic impact on the environment; raising a level of the energetic efficiency of household appliances of domestic manufacture and competitiveness on the international market; 4. This Technical Regulation applies to new household appliances of domestic and foreign manufacture regardless of its origin, such as: refrigerators, freezers and combinations of these appliances; washing machines, driers and combinations of these appliances; dishwashers; ovens; water heaters and hot-water storage appliances; lighting sources; air-conditioning appliances. Other types of household appliances may be also included in this list. 5. This Technical Regulation does not apply to household appliances, manufactured before this Technical Regulation enters into force. 2 6. In this Technical Regulation terms given below are used in the following meanings: ‘supplementary information’ means other information on the performance of an appliance, concerning quantity of its use of energy and other essential resources, or is helpful in evaluating it; ‘energetic testing’ means assessment of quantity of energy or other resources used by appliances by means of carrying out tests and measurements in the accredited laboratires; ‘energetic labelling of the household appliances’ means affixing of information concerning an efficiency level of energy and other resources use by a certain type of household appliances, which shall be put on an informational energetic label; ‘other essential resources’ means water, chemicals or any other substance consumed by an appliance in normal use; ‘supplier’ means the manufacturer or his authorized representative or the person who places the product on market; ‘dealer’ means a juridical or physical person on product market who sells, hires, offers for hire-purchase or displays household appliances in trade, in accordance with a sales contract. Other terms and definitions in this Technical Regulation are used in the meanings, set out in the Laws of Ukraine ‘On Energy Saving’, ‘On Protection of Consumers Rights’, ‘On Standardization’, ‘On Standards, Technical Regulations, and Conformity Assessment Procedures’, ‘On Conformity Confirmation’, ‘On Accreditation of Conformity Assessment Bodies’ and effective national standards of the ‘Energy Saving’ group in the field of the efficient use of energy resources in the part of energetic labelling of household appliances. 7. The Technical Regulation applies to household appliances which uses any form of energy, the most important of which are electrical energy and gas. 8. This Technical Regulation does not apply to the labels and tables of technical information which shall ne affixed to household appliances for the purpose of use safety. 9. Adhering to this Technical Regulation shall be mandatory for all suppliers (manufacturer) of household appliances. 3 Basic Requirements Concerning Energetic Labelling 10. Household appliances to which this Technical Regulation applies, shall carry energetic labelling which is an informational label with indicated classes and indices of energetic efficiency of appliances. Requirements concerning energetic labelling for each type of household appliances, classes of energetic efficiency, requirements to indices of energetic efficiency and requirements to the design and content of the informational energetic label are set out in the corresponding technical regulations concerning a certain type of appliances and in the national standards of the ‘Energy Saving’ in the part of energetic labelling of household appliances. 11. In the Technical Regulations relating to a specific type of appliances the following items shall be set out: exact definition of an appliance type which is included; standards and methods of measurement which shall be applied during energetic testings; general description of appliances; results of carried out engineering design, in case they are of consequence; test records if there are any, including records on the tests which were carried out by the corresponding accredited laboratories; in case the indices are got from information on the similar models, the same information on these models; pattern and content of a label, which shall carry standardized features of the outward appearance, to the extent possible; place where a label is affixed to an appliance. When it is reasonable, the technical regulation may provide that a label shall be affixed to a packing or be printed on it; content and, when it is needed, format and other details concerning a sheet or other information. Information on a label also shall be included into a sheet; information which shall be provided in case of sale propositions and also a way of its provision; In case the effective law established the requirements concerning a level of noise produced by an appliance, the requirement on inclusion of this information to a label shall be established by technical regulations on these appliances. 12. A supplier (manufacturer) shall affix an appropriate informational energetic label, written in the appropriate language, to the place which is easily seen and is set out in the appropriate technical regulations on specific type of appliances and the national standard of the ‘Energy Saving’ group concerning a specific type of household appliances. Besides labels, a sheet with information on appliances written in the appropriate language, which shall be used in all booklets and informational literature to this type of appliances, also shall be provided. 4 13. Suppliers (manufacturers) shall be liable for trustworthiness of the energetic labels and sheets with information on appliances, they provide; 14. Showing of other labels, brands, signs or letterings, connected with energy consumption, which do not conform to this Technical Regulation and may deceive consumers, is prohibited. This prohibition does not apply to the scheme of affixing of the labels with information on impact on the environment. 12. At showing of the appliance of a specific type which is indicated in the corresponding technical regulation and national standard of the ‘Energy Saving’ group concerning a specific type of household appliances, dealers affix an appropriate label to a place which is easily seen and is determined in the corresponding technical regulation and national standard of the ‘Energy Saving’ group concerning a specific type of household appliances, written in the appropriate language. Informational energetic labels shall be provided by a supplier (manufacturer) to a dealer on a cost-free basis. Suppliers (manufacturers) carry out delivery of labels and appliance information sheets to the dealer upon his request exigently. 13. In case the appropriate household appliance is offered for sell, hire or hire-purchase by a post order, catalogue or other way which provides that a prospective consumer does not have a possibility to see displayed household appliances, it is prescribed that the prospective consumers shall be provided with basic information, indicated on an informational energetic sheet, before they purchase this appliance. 14. A supplier (manufacturer) shall have technical documentation which includes: general description of appliances; results of carried out engineering design, in case they are of consequence; test records if there are any, including records on the tests which were carried out by the corresponding accredited laboratories, as it is defined in the law of Community; in case the indices are got from information on the similar models, the same information on these models; A supplier (manufacturer) holds the technical documentation over a period of 5 years after the manufacture of the last appliance and grants it for the purpose of inspection in the cases established by the law. 15. Control over household appliances energetic labelling compliance with the requirements of this Technical Regulation shall be carried out in an order, established by the effective law. 5 ANNEX APPROVED by the Resolution of the Cabinet of Ministers of Ukraine of_______________№ ________ Action Plan for the Implementation of the Technical Regulation on Energetic Labelling of Household Appliances for the period of 2009-2011 Entities Responsible for Implementation Period, Implementation Years Description of Measure Preparatory Stage 1. Appointment of the entity to be responsible for NAER (National the implementation of the Technical Regulation Agency of Ukraine for Efficient Use of Energy Resources) Minprompolityky (the Ministry of Industrial Policy) 2009 2. Establishment of an advisory methodical centre on the issues on implementation of the Technical Regulation 2009 NAER 3. Forming of the State Standardization Plan on NAER Development of the National Standards of the Derzhspozhyvstandart ‘Energy Saving’ group, harmonized with the (The State Committee international standards, and their updating of Ukraine for Technical Regulation and Consumer Policy) annually 4. Bringing of own legal acts into conformity with Minprompolityky the provisions of the Technical Regulation Derzhspozhyvstandart NAER Other central executive bodies 20092010 5. . Popularization of the implementation of the NAER Technical Regulation via mass media, seminars, Minprompolityky conferences etc. Derzhspozhyvstandart 20092010 6. Implementation of measures on preparation of enterprises for application of energetic labelling of 20092010 Minprompolityky NAER 6 Description of Measure Entities Responsible for Implementation Period, Implementation Years household appliances in compliance with the Derzhspozhyvstandart requirements of the Technical Regulation 7. Stepwise development of the technical NAER regulations relating to certain types of household Minprompolityky appliances. Derzhspozhyvstandart 20092010 Voluntary Implementation of the Technical Regulation 8. Voluntary implementation of the Technical Regulation by enterprises Minprompolityky NAER 9. Stepwise development and implementation of NAER national standards on energetic labelling of Minprompolityky household appliances, harmonized with the Derzhspozhyvstandart European standards, in accordance with the annual Plans of national standardization since 2010 annually 10. Organization of introduction of market Minprompolityky since 2010 supervision for production to which technical NAER regulations on energetic labelling of household Derzhspozhyvstandart appliances apply Mandatory Implementation of the Technical Regulation 11. Alteration of the Technical Regulation based on NAER the results of voluntary application thereof (in case Derzhspozhyvstandart of need) 12. Mandatory implementation of the Technical Regulation Minprompolityky NAER Derzhspozhyvstandart 20102011 since 2011 Note. All expenditure on this Technical Regulation implementation measures shall be realized within means provided by basic managers for the corresponding fiscal year.