S.I. No. 511/2001 - European Communities (Energy Efficiency Requirements For Ballasts For Fluorescent Lighting) Regulations, 2001

I, Mary O'Rourke, Minister for Public Enterprise, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive 2000/55/EC of 18 September 2000¹ , hereby make the following regulations:

Citation and commencement

1.       (1)      These Regulations may be cited as the European Communities (Energy Efficiency Requirements for Ballasts for Fluorescent Lighting) Regulations, 2001.

(2)      These Regulations come into operation on 21 November 2001.

Interpretation

2.       (1)      In these Regulations -

“authorised officer” means a person appointed as an authorised officer under Regulation 11;

“ballast” means electric mains-operated ballast for fluorescent lighting sources as defined in European Standard EN 50294 of December 1998, point 3.4, but does not include-

(a)     ballast integrated in lamps,

(b)     ballast 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 European Standard EN 60920, clause 2.1.3), and

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

“‘CE’ marking” means a set of harmonisation directives in accordance with the Council Decision, relating to the marketing of industrial products;

“Council Decision” means Council Decision 93/465/EEC of 22 July 1993² ;

“Directive” means Directive 2000/55/EC of the Council and the European Parliament of 18 September 2000¹ , on energy efficiency requirements for ballasts for fluorescent lighting;

“Minister” means Minister for Public Enterprise;

“notified body” means a body appointed by the Minister under Regulation 9(1) or any other Member State of the Community to exercise the functions, specified in the Council Decision;

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

(2)      A word or expression that is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations that it has in the Directive.

(3)      In these Regulations, unless otherwise indicated —

(a)      a reference to a Regulation is to a Regulation of these Regulations;

(b)      a reference to a paragraph or a subparagraph is to a paragraph or a subparagraph of the provision in which the reference occurs;

(c)      a reference to a Schedule is to a Schedule to these Regulations.

Application

3.       (1)      These Regulations apply to ballasts, classified in accordance with Schedule 1, either as a single component or incorporated in luminaires.

(2)      These Regulations do not apply to the placing on the market of ballasts, either as a single component or incorporated in luminaires, before 21 May 2002.

(3)      Ballasts, either as a single component or incorporated in luminaires, which comply with the same conditions as those which were applied at the date of entry into force of the Directive, being 21 November 2000, may be placed on the market until 21 May 2002.

Duties of suppliers

4.       (1)      Subject to subparagraph (b), a supplier shall-

(a)      ensure that the ballast placed on the market, either as a single component or incorporated in luminaires, has the power consumption less than, or equal to, the maximum input power of ballast-lamp circuits as set out in Schedules 2 and 3,

(b)      ensure that the ballast placed on the market, either as a single component or incorporated in luminaires, after 21 November 2005 has the power consumption less than, or equal to, the maximum input power of ballast-lamp circuits as set out in Schedules 2 and 4.

(2)      A supplier shall ensure that ballasts, when placed on the market—

(a)      bear the “CE” marking, which shall consist of the initials “CE”,

(b)      that such marking is affixed visibly, legibly and indelibly to ballasts and their packaging, and where ballasts are placed on the market incorporated in luminaires, to the luminaires and their packaging.

(3)      A supplier who fails to comply with this Regulation is guilty of an offence.

Presumption

5.       (1)      It shall be presumed until the contrary is shown that ballasts, either as a single component or incorporated in luminaires, which bear the “CE” marking comply with these Regulations.

Directions of Minister

6.       (1)      Where the Minister is of the opinion that the “CE” marking has been affixed improperly to ballasts, either as a single component or incorporated in luminaires, contrary to these Regulations, the Minister may direct the supplier to bring the product into conformity with these Regulations and to end the infringement in accordance with such conditions as may be contained in the direction.

(2)      A person aggrieved by a direction made under paragraph (1), may no later than 14 days make representations to the Minister concerning the direction.

(3)      Where a direction has been made under paragraph (1) and the ballast, after a period of not less than 14 days, continues not to be in conformity with that direction, the Minister, having considered any representations made under paragraph (2), may by direction restrict or prohibit the placing on the market of the ballast in question or may direct that it is withdrawn from the market.

(4)      A direction made by the Minister under this Regulation shall -

(a)      be in writing, stating grounds on which it is made, and

(b)      be sent to the supplier concerned in any following ways -

(i)       by delivering it to the supplier,

(ii)      by leaving it at the address at which the supplier carries on business,

(iii)     by sending it by prepaid registered post to the supplier at the address at which the supplier carries on business, or

(iv)     where the supplier has a facility for receiving facsimile of the direction by electronic means at the address at which the supplier carries on business, by transmitting a facsimile of the direction by such means to such address, provided the direction is also delivered in any of the other ways referred to in this paragraph.

(5)      A direction under this Regulation shall take effect on the date specified in it and shall indicate, as case may be, the grievance procedure under paragraph (2) or the appeal procedure under Regulation 7.

(6)      Where a person fails to comply with a direction under this Regulation the Minister may institute proceedings in a summary manner in the High Court for an order requiring the person to comply with the terms of the direction or the forfeiture to the Minister of the product concerned or both.

(7)      In any proceedings a document purporting to be a direction under this Regulation and to be signed by the Minister shall be received in evidence and deemed to be such direction without further proof, until the contrary is shown.

Appeals against directions of Minister

7.       (1)      Any person aggrieved by a direction made by the Minister under Regulation 6 may, within 21 days of receipt of the direction, appeal to the judge of the Circuit Court in whose Circuit the person carries on business.

(2)      Where an appeal is made under paragraph (1) the appellant may make an application to the court that the direction shall stand suspended until the appeal is determined or withdrawn.

(3)      On the hearing of an appeal under paragraph (1) the Court may either confirm or vary the direction, or allow the appeal.

(4)      A decision of the Circuit Court on an appeal under paragraph (1) shall be final, save that, by leave of the Court, an appeal from the decision shall lie to the High Court on a specified question of law.

Conformity assessment procedures

8.       (1)      A supplier shall -

(a)      ensure that the conformity assessment of ballasts, either as single component or incorporated in luminaires, and the rules for the affixing and use of the “CE” conformity marking are in accordance with Module A of the Council Decision and with the criteria set out in that Decision and in the general guidelines in the Annex of that Decision,

(b)      establish the technical documentation referred to in paragraph 3 of Module A of the Council Decision which shall comprise of the information specified in the Article 4(3) of the Directive.

(2)      A supplier, established within the Community, shall keep the documentation, referred to in paragraph (1)(b), for a period of not less than 3 years from the date of manufacture of the last product.

(3)      Where the supplier is not established within the Community, the person who places the product on the Community market, shall keep the documentation, referred to in paragraph (1)(b), for a period of not less than 3 years from the date of manufacture of the last product.

(4)      A supplier shall establish the power consumption of each ballast according to the procedures specified in European Standard EN 50294 of December 1998, as well as the appliance's conformity with the requirements of Regulation 4 (1).

(5)      A supplier who fails to comply with this Regulation is guilty of an offence.

Notified bodies

9.       (1)      The Minister may appoint one or more persons to exercise in the State (whether individually or, where more than one person is so appointed and the Minister so directs, together with one or more of the other persons so appointed) the functions, specified in the Council Decision.

(2)      In making an appointment under paragraph (1), the Minister shall take into account the minimum criteria set out in the Council Decision regarding the approval of notified bodies for the efficient and proper functioning of a notified body in the State and the Minister may, in making such an appointment, attach such conditions to it as he or she thinks fit.

(3)      An appointment under paragraph (1) -

(a)      may be for a fixed or indefinite time,

(b)      may be revoked by the Minister at any time, and

(c)      shall be revoked by the Minister if he or she has a reason to believe that the notified body in the State does not meet the criteria referred to in paragraph (2).

(4)      The Minister may amend or revoke any or all of the conditions (if any) attached under paragraph (2) to an appointment under paragraph (1) or attach additional conditions from time to time to such appointment for the efficient and proper functioning of the body in question.

Appeals to Minister

10.     (1)      Any person aggrieved by a decision made by the notified body in the State under Regulation 9 may, by notice in writing given to the Minister within 14 days of receipt of that decision, appeal to the Minister against the decision.

(2)      The Minister, having considered any submission made to him or her by that person, the notified body in the State and any other interested parties and the report of any inquiry held in relation to the appeal or of any assessor appointed in relation to it. may uphold, vary or reverse the decision of the notified body.

Authorised officers

11.     (1)      The Minister may appoint such and so many persons as the Minister may determine to be authorised officers for the purposes of these Regulations and the Directive.

(2)      An authorised officer may, at all reasonable times, on production, if so requested by any person affected, of his or her warrant of appointment -

(a)      enter any premises or other place or any vehicle if he or she reasonably believes that ballast is kept there for the purpose of being placed on the market;

(b)      inspect the premises or other place or the vehicle;

(c)      carry out or have carried out such examinations, tests, inspections and checks of any ballasts found there as he or she reasonably considers to be necessary for the purposes of his or her functions and, if he or she so thinks fit, remove or have removed from there any ballast and retain the ballast for a reasonable period to facilitate such testing;

(d)      require any person on or at the premises or other place or the vehicle to give to the officer any information in the person's power or control that the officer may reasonably require and to produce to him or her any records (in whatever form kept) or books or documents that are in the person's power or control;

(e)      inspect and copy or extract information from any data (within the meaning of the Data Protection Act, 1988 ) found by or produced to the officer under this Regulation;

(f)       inspect and copy or extract information from any records (in whatever form kept), books or documents found by or produced to the officer under this Regulation.

(3)      If an authorised officer has reason to suspect that the information is inaccurate, he or she may require the supplier concerned to furnish evidence (including technical documentation referred to in Regulation 8(1)) concerning its accuracy.

(4)      A person who obstructs or impedes an authorised officer in the exercise of a power or, without reasonable excuse, does not comply with a requirement of an authorised officer under these Regulations or who, in purported compliance with such a requirement, gives information to any authorised officer that he or she knows to be false or misleading in a material respect, is guilty of an offence.

Penalties, etc.

12.     (1)      A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding €2,000 (£1,575.13).

(2)      Where an offence under these Regulations is committed by a body corporate and is provided to have been so committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person, being a director, manager, secretary or other officer, of such body, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(3)      Proceedings for an offence under these Regulations may be brought by the Minister.

SCHEDULE 1

Regulation 3

Ballast Categories

To calculate the maximum input power of ballast-lamp circuits of a given ballast, the ballast must first be allocated to the appropriate category from the following list:

SCHEDULE 2

Regulation 4

Methods for calculating the maximum input power of ballast-lamp circuits for a given ballast type

The energy efficiency of the ballast-lamp circuits is determined by the maximum input power into the circuit. This is a function of the lamp power and of the type of ballasts; for this reason, the maximum input power of ballast-lamp circuit power, with different levels for each lamp power and ballast type.

The terms used in this Schedule correspond to the definitions in European Standard EN 50294 of December 1998 laid down by the European Committee for Electrotechnical Standardisation.

SCHEDULE 3

Regulation 4

First Phase

The maximum input power of ballast-lamp circuits expressed in W is defined by the following table

Whenever a ballast is designed for a lamp which falls between two values indicated in the above table, the maximum input power of ballast-lamp circuit is calculated by linear interpolation between the two values of maximum input power for the two closest lamps power indicated in the table.

For example if a ballast in lamp category 1 is rated for a 48W lamp at 50 Hz, the maximum input power of ballast-lamp circuit is calculated as follows:

47+(48-38)*(70-47)/(58-38)=58.5W

SCHEDULE 4

Regulation 4

Second Phase

Whenever a ballast is designed for a lamp which falls between two values indicated in the above table, the maximum input power of ballast-lamp circuit is calculated by linear interpolation between the two values of maximum input power for the two closest lamps power indicated in the table.

For example if a ballast in lamp category 1 is rated for a 48W lamp at 50 Hz, the maximum input power of ballast-lamp circuit is calculated as follows:

45+(48-38)*(67-45)/(58-38)=56W

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

The purpose of the Regulations is to give legal effect to Directive 2000/55/EC of the European Parliament and of the Council of 18 September, 2000 on efficiency requirements for ballasts for fluorescent lighting.

These Regulations apply to ballasts, either as a single component or incorporated in luminaires. Certain ballasts are excluded.

The Regulations prohibit the placing on the market, for sale, hire or reward, of ballasts unless they satisfy the efficiency requirement applicable to them as set out in the Regulations. Included in the Regulations is a transitional period as provided for in Article 8 of the Directive.

The Regulations provide for the appointment of a notified body and authorised officers and procedures for the granting by the notified body of EC type-examination certificates and the drawing up of written declarations of conformity. The Regulations set out the obligations on suppliers and the conditions under which they may issue a declaration of conformity and attach the CE mark.

The Regulations empower the Minister to order the withdrawal from the market of ballasts bearing the CE mark if they do not meet the efficiency requirements.

¹ O.J. No. L279 1.11.2000. p.33

² O.J. No. L 220 30.8.1993 p. 23-39

¹ O.J. No. L279 1.11.2000. p.33