S.I. No. 101/1992 - European Communities (Appliances Burning Gaseous Fuels) Regulations, 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. | ||
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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. | |
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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. | ||
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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). | ||
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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). | ||
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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. | ||
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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. | ||
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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 the appropriate fee, the differences between those costs and that fee shall be payable by the manufacturer or his authorised representative to the notified body in the State, and where those costs are less than the appropriate fee, the difference between those costs and that fee shall be repayable by the body to the manufacturer or his authorised representative, as the case may be. | ||
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8 Grant of EC type-examination certificate. | 8. (1) On application for an EC type-examination certificate in respect of an appliance being made in accordance with Annex II to the Directive and on receipt of the appropriate fee, a notified body in the State shall carry out or cause to be carried out on its behalf such checks, examinations and tests as are required for EC type-examination under the Directive. | |
(2) If the notified body in the State, after carrying out or causing to be carried out the aforesaid checks, examinations and tests, decides that the type appliance submitted to it for the purposes of the type-examination complies with the provisions of the Directive applicable to it, it shall issue to the applicant an EC type-examination certificate in the form specified in the Directive. | ||
(3) A notified body in the State shall immediately inform the other notified bodies in the Community of the issue of a type-examination certificate and of any modifications subsequently approved by that body and shall, if so requested, provide to any of these bodies a copy of the EC type-examination certificate and of any addition to it and, on receipt of a reasoned request by any of those bodies, a copy of the Annexes to the certificate and the reports on the tests and examinations carried out in that examination. | ||
(4) Where a notified body in the State decides, after the aforesaid checks, examinations and tests have been carried out, not to issue an EC type-examination certificate to the applicant, it shall so inform the other notified bodies in the Community. | ||
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9 EC verification. | 9. (1) Where a person presents appliances to a notified body in the State for EC verification, he shall provide the notified body with the EC type-examination certificate in respect of the approved type of the appliance, as well as such further information and documents as a notified body may reasonably require for the purpose of such verification. Each appliance must be examined and tested. | |
(2) If on completion of the aforesaid checks, examinations and tests on each appliance, a notified body in the State is satisfied that an appliance is in conformity with the type as described in the EC type-examination certificate and satisfies the essential requirements of the Directive which apply to it, it shall— | ||
( a ) affix to the appliance, in the manner specified in the Directive, the EC mark; and | ||
( b ) issue to the manufacturer or his authorised representative in the Community a written certificate of conformity. | ||
(3) Where a manufacturer chooses to have EC verification carried out on a statistical basis, he shall present his appliances in the form of homogeneous batches as provided for under point 5.4 of Annex II to the Directive. If on completion of the appropriate tests and examinations, the notified body is satisfied that the batch presented meets the requirements of the Directive, the notified body shall issue the written certificate of conformity but may allow the affixing of the EC mark by the manufacturer in the course of the manufacturing process. | ||
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10 EC verification by unit. | 10. (1) Where a person presents an appliance, which has been manufactured as a single unit or in small quantities, to a notified body within the State for EC verification by unit, he shall provide the notified body with the design documentation specified in Annex IV to the Directive as well as such further information and documents as a notified body might reasonably require for such verification. Where the aforesaid requirements are complied with and on receipt of the appropriate fee, the notified body in the State shall carry out, or cause to be carried out on its behalf such checks, examinations and tests as required for EC verification by unit by the Directive. | |
(2) If on completion of the aforesaid checks, examinations and tests on each appliance so presented a notified body in the State is satisfied that an appliance is in conformity with the requirements of the Directive which apply to it, it shall— | ||
( a ) affix to the appliance, in the manner specified in the Directive, the EC mark; and | ||
( b ) issue to the manufacturer or his authorised representative in the Community a written certificate of conformity. | ||
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11 EC surveillance. | 11. Where a manufacturer has chosen the means of conformity to type of appliances as referred to in point 3 or 4 of Annex II of the Directive, he shall apply a quality system that ensures conformity of the appliances with the type as described in the EC type-examination certificate. The manufacturer is subject to surveillance as outlined in point 3.4 or 4.4 of Annex II to ensure that he fulfils the obligations arising out of the approved quality system. | |
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12 Refusal, suspension or withdrawal of EC type-examination certificate or EC certificate of conformity. | 12. (1) A notified body in the State shall withdraw an EC type-examination certificate issued by it under Regulation 8 or an EC certificate of conformity issued by it under Regulation 9, if it finds that the certificate should not have been granted. | |
(2) Where a notified body in the State has established that the EC mark has been wrongly affixed to an appliance or that certification for fittings has been wrongly attributed because— | ||
( a ) the appliance or the fittings do not conform to the appliance or fittings in the EC-type examination certificate, | ||
( b ) the appliance or the fittings conform to an approved type but do not meet the essential safety requirements set out in Annex I to the Directive, or | ||
( c ) the manufacturer has failed to fulfil his obligations as specified in Annex II to the Directive, the notified body shall report the fact to the Minister and, where the manufacturer of the appliance has failed to comply with a written request from the notified body to take the appropriate measures within the time specified in the request to conform with requirements of the Directive, the notified body shall, where appropriate, suspend or withdraw the EC type-examination certificate issued by it under Regulation 8 or the certificate of conformity issued under Regulation 9. | ||
(3) Where a notified body in the State suspends or withdraws an EC type-examination certificate issued by it under Regulation 8 or the certificate of conformity issued by it under Regulation 9, it shall so inform the other notified bodies in the Community and the Minister, giving the reasons for its decision. | ||
(4) On taking a decision to refuse to grant, or a decision to suspend or withdraw an EC type-examination certificate or EC certificate of conformity, a notified body in the State shall, as soon as practicable thereafter, send to the manufacturer in question a notice in writing of that decision stating the exact grounds on which it was based and informing the manufacturer of his right to appeal against the decision under Regulation 14 and of the time limit for bringing such an appeal. | ||
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13 Prohibitions on marketing. | 13. (1) Where the Minister is of the opinion that a person is placing or has placed on the market appliances bearing the EC mark which when normally used as defined in Article I (4) of the Directive might compromise the safety of persons, domestic animals or property, he may by direction in writing given to that person prohibit him from placing or continuing to place on the market such appliances, impose restrictions on his so doing or require him to take all practicable steps to withdraw from the market any such appliance already placed by him on the market, and that person shall comply with the direction. | |
(2) Where the Minister gives a direction under paragraph (1) he shall immediately inform the Commission of the fact indicating the reasons for his having given the direction. | ||
(3) The Minister may, as he thinks fit, withdraw a direction given by him under paragraph (1). | ||
(4) Any trader, importer or manufacturer who is affected by a direction given under paragraph (1) may appeal to the High Court against the direction and the Court, as it thinks proper, may vary, annul or confirm the direction. | ||
(5) A document purporting to be a direction given by the Minister under paragraph (1) and to be signed by him shall be received in evidence and deemed to be such a direction without further proof, unless the contrary is shown. | ||
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14 Review. | 14. (1) Any person aggrieved by a decision of a notified body in the State under Regulation 12 (4) may, by notice in writing given to the Minister not later than 14 days after the receipt by that person of notice of that decision, appeal to the Minister against the decision and the Minister, having considered any submissions made to him by the person, the notified body in the State and any other interested parties and the report of any inquiry held under paragraph (2) in relation to the appeal or of any assessor appointed under paragraph (3) in relation thereto, may uphold, vary or reverse the decision of the notified body. | |
(2) The Minister may appoint an officer to hold an inquiry in connection with an appeal under this Regulation and to report to the Minister on the findings and results of the inquiry. | ||
(3) The Minister may appoint an assessor to assist him and to make a report to him in relation to an appeal under this Regulation or to assist an officer of the Minister in relation to an inquiry being held by the Minister under paragraph (2). | ||
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15 Powers of authorised officers. | 15. (1) In this Regulation "authorised officer" means a person authorised in writing by the Minister to exercise, for the purposes of these Regulations and the Directive, the powers conferred by this Regulation. | |
(2) An authorised officer may, on production of his authorisation if so required by any person affected, for the purposes of these Regulations and of the Directive— | ||
( a ) at all reasonable times enter any premises or place in which he has reasonable grounds for believing that there is an appliance or an appliance is being manufactured, or any premises or place that are part of the undertaking engaged in the manufacture of appliances, | ||
( b ) at such premises or place, inspect and take copies of, or extracts from, any books, records or other documents which he finds in the course of his inspection, | ||
( c ) carry out or have carried out such examinations, tests, inspections and checks of the place and any equipment, machinery or plant in or at the place as he reasonably considers to be necessary for the purposes of his functions under these Regulations or the Directive, | ||
( d ) require any person at the premises or place and the owner or person in charge and any person employed in connection therewith to give to him such information and to produce to him such books, documents and other records which are in that person's power or procurement as he may reasonably require for the purposes of his functions under these Regulations or the Directive, | ||
( e ) take possession of and remove for examination and checking by the Minister or an inspection body, an appliance or any part thereof, and retain such appliance or part thereof for such time as he considers reasonable for the purposes of his functions under these Regulations or the Directive. | ||
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16 Offences. | 16. (1) A person who— | |
( a ) obstructs or interferes with an authorised officer in the course of exercising a power conferred on him by these Regulations or impedes the exercise by the officer of such power or fails or refuses to comply with a request made by, or to answer a question asked by an authorised officer pursuant to these Regulations or in purported compliance with such request or in answer to such question gives information to an officer that he knows to be false or misleading in a material respect, or | ||
( b ) affixes to an appliance a mark or inscription which is likely to be confused with the EC mark, or | ||
( c ) contravenes in any other way any provision or requirement of, or under, these Regulations shall be guilty of an offence. | ||
(2) Where an offence under these Regulations has been committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence. | ||
(3) A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment. | ||
(4) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under these Regulations may be instituted at any time within one year from the date on which the offence was committed. | ||
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17 Prosecution of offences. | 17. Proceedings for an offence under these Regulations may be brought and prosecuted by the Minister. | |
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18 Revocation. | 18. The Industrial Research and Standards (Section 44) (Gas-operated Ovens) Order, 1983 ( S.I. No. 237 of 1983 ) is hereby revoked from the 1st day of January, 1996. | |
GIVEN under my Official Seal, this 27th day of April, 1992. | ||
DESMOND O'MALLEY, | ||
Minister for Industry and Commerce. | ||
EXPLANATORY NOTE. | ||
The purpose of these Regulations is to give legal effect to 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. | ||
The Regulations come into operation on 1 May 1992 and apply to appliances burning gaseous fuels whether manufactured in series or as a single unit and also to fittings, as defined in Article 1 of the Directive. The Regulations prohibit, with effect from 1 January 1996, the placing on the market or the taking into service of an appliance if, when correctly installed and regularly serviced and normally used for the purpose for which it was intended, it compromises the safety of persons, domestic animals and property and unless it satisfies the requirements of the Directive. Appliances bearing the EC mark are presumed to comply with the requirements of the Directive in the absence of proof to the contrary. | ||
The Regulations also provide for the appointment of a notified body and the procedures for the granting by the notified body of certificates of conformity and of EC type-examination as well as the operation of EC verification and surveillance of the manufacturers of appliances. The Regulations set out the obligations on manufacturers and the conditions under which they may issue a declaration of conformity and attach the EC mark to appliances. | ||
The Regulations also empower the Minister to order the withdrawal from the market of appliances bearing the EC mark if they are likely to compromise the safety of persons, animals or property. The Regulations also provide for an appeals procedure for persons aggrieved by a decision of a notified body, the appointment and powers of authorised officers and penalties for offences under the Regulations. |