ENERGY EFFICIENCY (APPROVED ENERGY

USING PRODUCTS STANDARDS) REGULATIONS

2018

SAMOA

Arrangement of Provisions

1. Citation and commencement                   4.Validity of registration

2. Requirements for labelling                       5. Rejection of application

and registration                                          6. Schedules 

3. Registration process

PURSUANT to sections 8; 10, 11, 12 and 18 of the Energy Efficiency Act 2017 ("the Act"), 1, TUIMALEALflFANO VAALETOA SUJALAUu Head of state, acting on the advice of Cabinet, MAKE the following Regulations:

    DATED this....      5th       ...day of.. MARCH         2018.

(Tuimalealiifano Vaaletoa Sualauvi Il)

HEAD OF STATE

REGULATIONS

1. Citation and commencement - (1) These Regulations may be cited as the Energy Efficiency (Approved Energy Using Products Standards) Regulations 2018.

(2) These Regulations commence on the following dates with respect to each product class:

(a) for refrigerators and freezers, the date the Regulations are signed by the Head of State; (b) for air conditioners, 6 months from the date the Regulations are signed by the Head of State;

(c) for incandescent lamps, linear fluorescent lamps, compact fluorescent lamps, and fluorescent lamp ballasts, 12 months from the date the Regulations are signed by the Head of State.

2. Requirements for labellitng and registration — (1) A trader who makes an item available for sale, lease, hire or hire purchase to a person in Samoa must meet the following requirements:

(a)the model is registered under the Act;

(b)a label that complies with the Standards for that item's product class is attached to the display fl&nt of that item as reci}.iired by the Standards;

(c)the mödel and brand designations on the label' correspond to the model and brand designations of that item;

(d)the energy performance characteristics on the label correspond to those registered! for that model.

(2) No other label related to energy efficiency, energy consumption or the cost of the energy to operate the item or an item of that model may be attached to the item, unless it is in tlle approved form.

3. Registration process — (1) An application made under section 11 of the Act must:

(a) be in the approved form , and including:

(i) the applicant's full or registered name or frading name, business address and contact details;

(ii)    a brief description of product details; and

(b) include additional information in respect of the following categories of registration:

(i) Category A: a product that is already registered in a prescribed country    the form shall include the following information:

(A)  the registration number of the product in the country where it is registered; and

(B)  any other information that the Regulator requests.

 (ii) Category B: a product of a model that is not registered in a prescribed country but which is identical with regard to energy consumption and efficiency to a base model registered in that country applicant must also submit:

(A)the registration number of the base model in the country where it is registered;

(B)a statement from ghe manufacturer of the product asserting that the model is identical with regard to energy consumption and efficiency to a model that the  rÅanufacturer identifies by reference tb the registration number in the country of registration;

(C)any other information that the Regulator requests.

(iii) Category C: a product that is not registered in a prescribed country the applicant must also submit:

(A)an energy test report;

(B)an exact colour copy of the energy label; and

(C)any other information that the Regulator requests.

(2)   The Ministry may require the @pplicant to provide additional information, other than the information specified in subregulation (1).

(3)   The Ministry must:

(a)process and decide the application as soon as practicable; and

(b)notify the applicant in writing within 5 working days of making the decision.

(4)   The Ministry may:

(a)reject an application for product registration by a trader who fails to comply with the requirements of this Act; or

(b)suspend or revoke a trader's model or brand registration if that trader fails to comply with the requirements of this Act.

4. Validity of registration — A registration under section 11 of the Act and regulation 4 remains valid for the following periods:

(a)Category A registration for as long as the referenced model remains registered in any of the prescribed countries;

(b)Category B registration for as long as the referenced base model remains registered in any of the prescribed countries;

(c)Category C registration — for 5 years from the date of registration.

 5. Rejection of application — If the Minister rejects an application •under section 8 of the Act, the Minister must':

(a)give his or her reasons for rejecting the application under section 8 in writing; and

(b)inform the applicgnt of his or her decision within 5 Working days of making the decision.

6. Schedules — (1) For the puuposes of sections 2, 8, 9, 10, 11, 12 and 15 of the Act, the list of product classes subject to minimum energy performance standards are provided in Schedule 1.

(2)        For the purposes of sections 2, 10 and 15 of the Act, the list of product classes subject to minimum energy performance standards and energy labelling are provided in Schedule 2.

(3)        For the purposes of sections 1 | and 12 of the Act, the list Of countries where registration of a model is accepted for the pulposes of the Act and these Regulations are provided in Schedule 3.

(4)        Any fees required by the Act to be prescribed are set out in Schedule 4.

SCHEDULE 1

 (Regulation 6(1))

LIST OF PRODU CT CLASSES SUBJECT TO

ENERGY PERFORMANCE STANDARDS

SCHEDULE 2 

(Regulation 6(2))

LIST OF PRODUCT CLASSES SUBJECT TO

MINIMUM ENERGY PERFORMANCE STANDARDS

AND ENERGY LABELING

 SHCEDULE 3

(Regulation 6(3))

COUNTRES WHERE REGISTRATION OF A MODEL

       IS ACCEPTED FOR THE PURPOSES OF

REGISTRATION

        Australia

        Fiji

        New Zealand

SCHEDULE 4

(Regulation 6(4))

FEES