European Communities (Appliances Burning Gaseous Fuels) Regulations, 1992

• Jurisdiction: Ireland
• Citation: IR SI 101/1992
• Year: 1992

S.I. No. 101 of 1992.
EUROPEAN COMMUNITIES (APPLIANCES BURNING GASEOUS FUELS) REGULATIONS, 1992.
I, DESMOND O'MALLEY, Minister for Industry and Commerce, 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 the Council Directive 90/396/EEC of 29 June 1990(1) hereby make the following Regulations:
(1) O.J. No. L196, 26.7.90, p.15.
	1 Citation and commencement.	1. These Regulations may be cited as the European Communities (Appliances Burning Gaseous Fuels) Regulations, 1992, and shall come into operation on the 1st day of May, 1992.
	2 Interpretation.	2. (1) In these Regulations—
"the Directive" means Council Directive 90/396/EEC of 29 June 1990 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels;
"appliance" means an appliance burning gaseous fuel as defined in Article 1 of the Directive;
"fittings" means fittings for a gas appliance as defined in Article 1 of the Directive;
"approved type" in respect of an appliance means a type representative of an appliance to be produced in a series, or as a single unit, which has been approved by a notified body after carrying out an EC-type examination in respect of the appliance;
"authorised officer" has the meaning assigned to it by Regulation 15 (1);
"the Commission" means the Commission of the European Communities;
"EC mark" means the mark specified in Article 10 of the Directive;
"notified body" means—
( a ) a notified body in the State, or
( b ) a body approved by a Member State (other than the State) to exercise the functions specified in the Directive of a notified body referred to in Article 9 and Annex V of the Directive;
"notified body in the State" shall be construed in accordance with Regulation 6 (1);
"Member State" means Member State of the European Communities;
"the Minister" means the Minister for Industry and Commerce;
"applicable national standard" means a national standard of any Member State applicable to the appliance in question incorporating the harmonised standards whose reference numbers have been published in the Official Journal of the European Communities in accordance with Article 5 (1) of the Directive or where no harmonised national standard exists the national standards applicable to them referred to in Article 5 (2) of the Directive;
"appropriate fee" means the fee referred to in Regulation 7.
(2) A word or expression that is used in these Regulations and is also used in the Directive, has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
(3) In these Regulations—
( a ) a reference to a Regulation is to a Regulation of these Regulations,
( b ) a reference to a paragraph is to the paragraph of the Regulation in which the reference occurs, and
( c ) a reference to an appliance in these Regulations also refers to fittings where a corresponding requirement exists.
	3 Requirements as to safety of appliances.	3. (1) A person shall not, on or after the 1st day of January 1996, place on the market or put into service an appliance unless it satisfies the essential safety requirements applicable to it set out in Annex I to the Directive.
(2) An appliance bearing the EC mark denoting conformity with the applicable national standards or with an approved type for which an EC type-examination certificate has been issued by a notified body shall be presumed, until the contrary is proved, to comply with the requirements of paragraph (1).
	4 Requirements as to safety of fittings.	4. (1) A person shall not, on or after the 1st day of January 1996, place on the market a fitting unless it satisfies the essential safety requirements applicable to it set out in Annex I to the Directive.
(2) A fitting for which a certificate in accordance with Article 8 (4) of the Directive has been issued shall be presumed, until the contrary has been proved, to comply with the requirements of paragraph (1).
	5 EC certification of conformity.	5. (1) Where an appliance is manufactured in series, the means of certification of conformity shall be the EC type-examination as referred to in point 1 of Annex II and
(2) The manufacturer or his authorised representative within the Community shall, prior to placing the appliance on the market, ensure that the appliance has been subject to—
( a ) EC declaration of conformity to type as provided for under point 2 of Annex II, or
( b ) EC declaration of conformity to type (guarantee of production quality) as provided for under point 3 of Annex II, or
( c ) EC declaration of conformity to type (guarantee of product quality) as provided for under point 4 of Annex II, or
( d ) EC verification as provided for under point 5 of Annex II.
(3) Where an appliance is manufactured as a single unit or in small quantities, EC verification by single unit may be chosen by the manufacturer, as referred to in point 6 of Annex II.
(4) The procedures referred to at paragraph (1) shall apply to fittings as referred to in Article 1 of the Directive, with the exception of the affixing of the EC mark of conformity and, where appropriate, the drawning-up of the declaration of conformity. A certificate of the manufacturer, declaring the conformity of the fittings with the provisions of this Directive which apply to them and stating their characteristics and how they must be incorporated into an appliance or assembled to assist compliance with the essential requirements applicable to finished appliances, shall be supplied with the fitting.
	6 Appointment of notified bodies in the State.	6. (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 Directive of bodies referred to as "notified bodies" in Article 9 of the Directive and references in these Regulations to a notified body in the State shall be construed as references to each person so appointed or, as the case may be, to such of the persons so appointed as are the subject to any such direction.
(2) In making an appointment under paragraph (1), the Minister shall take into account the minimum criteria set out in Annex V to the Directive regarding the approval of notified bodies and for the efficient and proper functioning of a notified body in the State the Minister may, in making such an appointment, attach such conditions thereto as he 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 has reason to believe that the notified body in the State does not meet, or has ceased to 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.
	7 Fees.	7. (1) A notified body in the State may charge a fee (the "appropriate fee") which shall be equal to the amount which the body estimate it will incur in, or in connection with, carrying out or causing to be carried out the functions referred to in these Regulations in respect of the application concerned.
(2) Where the costs incurred are greater than...