The Star (Nairobi)

31 March 2014

Kenya: ERC Drafts Rules for Electrical Appliances

Manufacturers, importers and distributors of electrical appliances will soon be required to get clearance from the Energy Regulatory Commission to sell their merchandise under proposed rules. Failure to comply risks heavy penalties of up to Sh1 million for non-recall of revoked appliances and Sh100,000 for sale of appliances not meeting the energy performance criteria.

ERC's acting director general Fred Nyang' has published draft regulations on appliances' energy performance and labelling for public comments over the next 40 days from last Friday.

The regulations affect manufacture, importation and distribution of self-ballasted and double-capped fluorescent lamps, ballasts for fluorescent lamps, refrigerating appliances, non-ducted air conditioners and three-phase cage induction motors.

Those involved in this business will be required to have a sample of the appliance tested by an accredited laboratory and be registered by the ERC.

Registration will cost Sh3,000 for self-ballasted and double-capped fluorescent tubes, Sh5,000 for refrigerators and Sh10,000 for non-ducted air conditioners and three-phase cage induction motors. Registered appliances will get ERC labels.

"A person whose appliance is registered, who fails to submit data to the commission... on a yearly basis within six months after end of calendar year shall pay a fine of Sh100,000 for each year or part thereof that the data is not submitted," the proposed regulations read in part.

"(Those) who fail to comply with 9(4) -- recalling from the market all suspended appliances within six months after their registration certificate is revoked -- shall pay a fine of Sh1 million for each subsequent six months that the appliances are not recalled."

ERC said the proposed binding checks would facilitate efficient energy use as per minimum energy performance standards and promote use of energy-saving products..

Other expected benefits include incentives for the industry to develop and invest in energy-efficient product design and help Kenya meet climate change goals and prevent pollution.

A registration certificate issued under the proposed regulations will be valid until the next revision of relevant standards after which a dealer will be required to apply for a fresh certificate.

The revised standard and accompanying label will apply to appliances imported or manufactured a year later and retailed or distributed two years later, according to the proposed regulations.

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