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Directive 2009/142/EC of the European Parliament and of the Council of 30 November 2009 relating to appliances burning gaseous fuels (codified version) (Text with EEA relevance)

EU Directive 2009/142 · Adopted 30 November 2009 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Directive 2009/142/EC of the European Parliament and of the Council

of 30 November 2009

relating to appliances burning gaseous fuels

(codified version)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committeef1,

Acting in accordance with the procedure laid down in Article 251 of the Treatyf2,

Whereas:

(1)

Council Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the Member States relating to appliances burning gaseous fuelsf3 has been substantially amendedf4. In the interests of clarity and rationality the said Directive should be codified.

(2)

Member States are responsible for ensuring the health and safety on their territory of their people and, where appropriate, of domestic animals and goods in relation to the hazards arising out of the use of appliances burning gaseous fuels.

(3)

In certain Member States, mandatory provisions define in particular the safety level required of appliances burning gaseous fuels by specifying design, operating characteristics and inspection procedures. These mandatory provisions do not necessarily lead to different safety levels from one Member State to another but do, by their disparity, hinder trade within the Community.

(4)

Different conditions as regards types of gas and supply pressures are in force in the Member States. These conditions are not harmonised because each Member State’s energy supply and distribution situation is peculiar to it.

(5)

Community law provides - by way of derogation from one of the fundamental rules of the Community, namely the free movement of goods - that obstacles to movement within the Community resulting from disparities in national legislation relating to the marketing of products must be accepted in so far as such obstacles can be recognised as being necessary to satisfy mandatory requirements. Therefore, the harmonisation of legislation in the present case should be limited to the provisions necessary to satisfy both the mandatory and essential requirements regarding safety, health and energy conservation in relation to gas appliances. These requirements should replace the national provisions in this matter because they are essential requirements.

(6)

The maintenance or improvement of the level of safety attained in Member States constitutes one of the essential aims of this Directive and of safety as defined by the essential requirements.

(7)

The essential safety and health requirements should be observed in order to ensure that appliances burning gaseous fuels are safe. Energy conservation is considered essential. These requirements should be applied with discernment to take account of the state of the art at the time of construction.

(8)

This Directive should therefore only contain essential requirements. To facilitate proof of conformity with the essential requirements, it is necessary to have harmonised standards at Community level in particular as to the construction, operation and installation of appliances burning gaseous fuels so that products complying with them may be assumed to conform to the essential requirements. These standards, harmonised at Community level, are drawn up by private bodies and must remain non-mandatory texts. For that purpose the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (Cenelec) and the European Telecommunications Standards Institute (ETSI) are recognised as the competent bodies for the adoption of harmonised standards in accordance with the general guidelines for cooperation between the Commission, the European Free Trade Association (EFTA) and those three bodies signed on 28 March 2003f5. ‘Harmonised standard’ means a technical specification (European standard or harmonisation document) adopted by CEN, Cenelec or ETSI or by two or three of those bodies upon a remit from the Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society servicesf6 and the above mentioned general guidelines for cooperation.

(9)

The Council has adopted a series of Directives designed to remove technical barriers to trade in accordance with the principles established in Resolution of 7 May 1985 on a new approach to technical harmonisation and standardsf7; each of these Directives provides for the affixing of the CE marking. The Commission, in its Communication of 15 June 1989 on a global approach to certification and testingf8, proposed that common rules be drawn up concerning a CE marking with a single design. The Council, in its Resolution of 21 December 1989 on a global approach to conformity assessmentf9, approved as a guiding principle the adoption of a consistent approach such as this with regard to the use of the CE marking. The two basic elements of the new approach which should be applied are the essential requirements and the conformity assessment procedures.

(10)

A check on compliance with the relevant technical requirements is necessary in order to provide effective protection for users and third parties. The existing certification procedures differ from one Member State to another. In order to avoid multiple inspections, which are in effect barriers to the free movement of appliances burning gaseous fuels, arrangements should be made for the mutual recognition of certification procedures by the Member States. In order to facilitate mutual recognition of certification procedures, harmonised Community procedures and the criteria for appointing the bodies responsible for carrying out these procedures should be set up.

(11)

The Member States’ responsibility on their territory for safety, health and energy conservation covered by the essential requirements should be recognised in a safeguard clause providing for an adequate Community procedure.

(12)

The addressees of any decision taken under this Directive should be informed of the reasons for such a decision and the legal remedies available to them.

(13)

This Directive is without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives in Annex VI, Part B,

HAVE ADOPTED THIS DIRECTIVE:

Annotations to the whole text

Footnotes

f1

OJ C 151, 17.6.2008, p. 12.

f2

Opinion of the European Parliament of 20 October 2009 (not yet published in the Official Journal) and Council Decision of 26 November 2009.

f3

OJ L 196, 26.7.1990, p. 15.

f4

See Annex VI, Part A.

f5

OJ C 91, 16.4.2003, p. 7.

f6

OJ L 204, 21.7.1998, p. 37.

f7

OJ C 136, 4.6.1985, p. 1.

f8

OJ C 231, 8.9.1989, p. 3 and OJ C 267, 19.10.1989, p. 3.

f9

OJ C 10, 16.1.1990, p. 1.

Contents

  1. Chapter 1: SCOPE, DEFINITIONS, PLACING ON THE MARKET AND FREE MOVEMENT
  2. 1Article 1
  3. 2Article 2
  4. 3Article 3
  5. 4Article 4
  6. 5Article 5
  7. 6Article 6
  8. 7Article 7
  9. Chapter 2: MEANS OF CERTIFICATION OF CONFORMITY
  10. 8Article 8
  11. 9Article 9
  12. Chapter 3: CE MARKING
  13. 10Article 10
  14. 11Article 11
  15. Chapter 4: FINAL PROVISIONS
  16. 12Article 12
  17. 13Article 13
  18. 14Article 14
  19. 15Article 15
  20. 16Article 16
  21. Signature
  22. Annex I: ESSENTIAL REQUIREMENTS
  23. PRELIMINARY REMARK
  24. GENERAL CONDITIONS
  25. 1.1Division 1.1
  26. 1.2Division 1.2
  27. 1.2.1The technical instructions intended for the installer must contain all the instructions for installation, adjustment and servicing required to ensure that those operations are correctly performed and that the appliance may be used safely. In particular, the instructions must specify:
  28. 1.2.2Division 1.2.2
  29. 1.2.3Division 1.2.3
  30. 1.3Division 1.3
  31. MATERIALS
  32. 2.1Division 2.1
  33. 2.2Division 2.2
  34. DESIGN AND CONSTRUCTION
  35. General
  36. 3.1.1Division 3.1.1
  37. 3.1.2Division 3.1.2
  38. 3.1.3Division 3.1.3
  39. 3.1.4Division 3.1.4
  40. 3.1.5Division 3.1.5
  41. 3.1.6Division 3.1.6
  42. 3.1.7Division 3.1.7
  43. 3.1.8Division 3.1.8
  44. 3.1.9Division 3.1.9
  45. 3.1.10Division 3.1.10
  46. 3.1.11Division 3.1.11
  47. 3.1.12Division 3.1.12
  48. Unburned gas release
  49. 3.2.1Division 3.2.1
  50. 3.2.2Division 3.2.2
  51. 3.2.3Appliances intended to be used in indoor spaces and rooms must be fitted with a special device which avoids a dangerous accumulation of unburned gas in such spaces or rooms.
  52. 3.3Ignition
  53. Combustion
  54. 3.4.1Division 3.4.1
  55. 3.4.2Division 3.4.2
  56. 3.4.3Division 3.4.3
  57. 3.4.4Division 3.4.4
  58. 3.5Rational use of energy
  59. Temperatures
  60. 3.6.1Division 3.6.1
  61. 3.6.2Division 3.6.2
  62. 3.6.3Division 3.6.3
  63. 3.7Foodstuffs and water used for sanitary purposes
  64. Annex II: PROCEDURE FOR CERTIFICATION OF CONFORMITY
  65. EC TYPE-EXAMINATION
  66. 1.1Division 1.1
  67. 1.2Division 1.2
  68. 1.2.1The application must include:
  69. 1.2.2The manufacturer must place at the disposal of the notified body an appliance, representative of the production envisaged, hereinafter called ‘type’. The notified body may request further samples of the type if needed for the test programme.
  70. 1.3Division 1.3
  71. 1.4Division 1.4
  72. 1.5Division 1.5
  73. 1.6Division 1.6
  74. 1.7Division 1.7
  75. EC DECLARATION OF CONFORMITY TO TYPE
  76. 2.1Division 2.1
  77. 2.2Division 2.2
  78. 2.3Division 2.3
  79. EC DECLARATION OF CONFORMITY TO TYPE (guarantee of production quality)
  80. 3.1Division 3.1
  81. 3.2Division 3.2
  82. Quality system
  83. 3.3.1The manufacturer must lodge an application for approval of his quality system with a notified body of his choice for the appliances in question.
  84. 3.3.2All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and logical manner in the form of measures, procedures and written instructions. This quality system documentation must permit a uniform interpretation of the quality programmes, plans, manuals and records. It shall contain, in particular, an adequate description of:
  85. 3.3.3The notified body shall examine and evaluate the quality system to determine whether it satisfies the requirements referred to in point 3.3.2. It will presume conformity with these requirements in respect of quality systems that implement the corresponding harmonised standard.
  86. 3.3.4The manufacturer must keep the notified body that has approved the quality system informed of any updating of the quality system in relation to changes brought about by, for example, new technologies and quality concepts.
  87. 3.3.5Division 3.3.5
  88. EC surveillance
  89. 3.4.1Division 3.4.1
  90. 3.4.2The manufacturer must allow the notified body access for inspection purposes to the place of manufacture, inspection, testing and storage and must provide it with all necessary information, in particular:
  91. 3.4.3Division 3.4.3
  92. 3.4.4Division 3.4.4
  93. 3.4.5Division 3.4.5
  94. EC DECLARATION OF TYPE CONFORMITY (guarantee of product quality)
  95. 4.1Division 4.1
  96. 4.2Division 4.2
  97. Quality system
  98. 4.3.1Under this procedure, the manufacturer must lodge an application for approval of his quality system with a notified body of his choice for the appliances in question.
  99. 4.3.2As part of the quality system, each appliance must be examined and appropriate tests as laid down in the applicable standard(s) referred to in Article 5 or equivalent tests carried out to check its conformity with the essential requirements relating to it in this Directive.
  100. 4.3.3Division 4.3.3
  101. 4.3.4The manufacturer must keep the notified body which approved the quality system informed of any adaptation of the quality system made necessary, e.g. by new technology and quality concepts.
  102. 4.3.5Division 4.3.5
  103. EC surveillance
  104. 4.4.1Division 4.4.1
  105. 4.4.2The manufacturer must allow the notified body access for inspection to the place of inspection, testing and storage and must provide it with all necessary information, in particular:
  106. 4.4.3Division 4.4.3
  107. 4.4.4Division 4.4.4
  108. 4.4.5Division 4.4.5
  109. EC VERIFICATION
  110. 5.1Division 5.1
  111. 5.2Division 5.2
  112. 5.3Division 5.3
  113. Verification by checking and testing of each appliance
  114. 5.4.1Division 5.4.1
  115. 5.4.2Division 5.4.2
  116. 5.4.3Division 5.4.3
  117. Statistical verification
  118. 5.5.1Division 5.5.1
  119. 5.5.2Statistical control is as follows:
  120. 5.5.3Where batches are accepted, the notified body must affix, or cause to be affixed, its identification number to each appliance and draw up a written certificate of conformity relating to the tests carried out. All appliances in the batch may be placed on the market except for those products from the sample which were found not to be in conformity.
  121. 5.5.4Division 5.5.4
  122. EC UNIT VERIFICATION
  123. 6.1Division 6.1
  124. 6.2The notified body must examine the appliance and carry out the appropriate tests, taking account of the design documentation in order to ensure its conformity with the essential requirements of this Directive.
  125. 6.3The aim of the technical documentation relating to the design of the instrument, as referred to in Annex IV, is to enable conformity to the requirements of this Directive to be assessed and the design, manufacture and operation of the appliance to be understood.
  126. 6.4Division 6.4
  127. 6.5Division 6.5
  128. Annex III: CE MARKING AND INSCRIPTIONS
  129. 1The CE marking consists of the initials ‘CE’ as shown below:
  130. 2The appliance or its data plate must bear the CE marking together with the following inscriptions:
  131. 3If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.
  132. Annex IVDESIGN DOCUMENTATION
  133. Annex VMINIMUM CRITERIA FOR ASSESSMENT OF NOTIFIED BODIES
  134. Annex VI
  135. APart A
  136. BPart B
  137. Annex VIIAnnex VII