Brian Walsh (Galway West, Fine Gael)
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Question 139: To ask the Minister for Communications, Energy and Natural Resources the mechanisms in place to ensure manufacturers and distributors of light bulbs comply with the EU lighting directive; the penalties that may apply in a case of non-compliance; the recourse open to persons wishing to report failure by a company to comply with the directive; and if he will make a statement on the matter. [11649/12]

Pat Rabbitte (Dublin South West, Labour)
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European Regulation No 244/2009 on the eco-design requirements for non-directional household lamps and Directive 98/11/EC on the energy labelling of household lamps set out requirements for implementing EU directives on eco design and energy labelling respectively. As the Minister responsible, my Department is the market surveillance authority for these directives and their associated implementing measures.

National legislation, in the form of Statutory Instruments (S.I.s) transposing the above Directives allows for the withdrawal, seizure, detention and in certain cases forfeiture and destruction of non-compliant products. Penalties and associated appeals procedures are specified in the transposing legislation.

A person guilty of an offence under S.I. 203 of 2011 (Eco Design Regulations) is liable:

On summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

On conviction of indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 3 years or both.

A person guilty of an offence under S.I. 366 of 2011 (Energy Labelling Regulations) is liable:

On summary conviction, to a class A fine, or

On conviction on indictment, to a fine not exceeding €250,000.

My Department has recently submitted its section of the National Market Surveillance Programme for 2012 – 2013, coordinated by the Department of Jobs, Enterprise and Innovation, which sets out surveillance activities to monitor products, in order to verify compliance with the applicable directives. These activities include:

Proactive inspections – inspections of retail sites for compliance with the directives;

Reactive inspections – inspections of retail sites on foot of complaints from members of the public or from information provided by customs authorities or other member states;

Product testing – testing of applicable products for compliance with the requirements of the Directives and associated implementing measures.

Specifically, in the case of light bulbs, my Department undertook a surveillance activity in 2011 in respect of compliance with Regulation 244/2009. Almost 150 retailers, manufacturers and distributors were contacted in respect of the aforementioned Directive and the majority have returned a Declaration of Compliance to confirm their compliance with the applicable Regulations.

All cases of suspected non-compliance should be reported to and will be investigated by my Department.