- Latest available (Revised)
- Original (As adopted by EU)
Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels
When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.
Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).
EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.
[F1THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof,
Having regard to the proposal from the Commission ,
In cooperation with the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas Decision 91/565/EEC provides for the promotion of energy efficiency in the Community under the SAVE programme;
Whereas it is important to promote measures aimed at the progressive establishement of the internal market in the period up to 31 December 1992 ; whereas the internal market encompasses an area without internal frontiers, in which the free circulation of goods, persons, services and capital is assured;
Whereas the Council resolution of 15 January 1985 on the improvement of energy-saving programmes in the Member States invites Member States to pursue and where necessary increase their efforts to promote the more rational use of energy by the further development of integrated energy-saving policies;
Whereas the Council resolution of 16 September 1986 concerns new Community energy-policy objectives for 1995 and convergence of the policies of the Member States , and in particular the objective of improving the efficiency of final energy demand by at least 20 %;
Whereas Article 130r of the Treaty provides that action by the Community relating to the environment shall have the objective of ensuring a prudent and rational utilization of natural resources;
Whereas it is appropriate to take as a base a high level of protection in proposals for the approximation of the provisions laid down by law, regulation or administrative action in Member States and concerning health, safety, environmental protection and consumer protection;
Whereas the Council resolution of 21 June 1989 declares ‘that the Community should take proper account of potential climatic change linked to the greenhouse effect’ and the Council's conclusions of 29 October 1990 state that CO 2 emissions in the year 2000 should be stabilized throughout the Community at their 1990 level;
Whereas the importance of the domestic and tertiary sector, which absorbs a major proportion of the final consumption of energy in the Community, is considerable;
Whereas this sector will become even more important through trends towards more central heating and a general increase in thermal comfort;
Whereas better boiler efficiency is in the consumer's interest; whereas energy saving will be reflected in fewer imports of hydrocarbons; whereas reduction in the Community's energy dependence will have a positive impact on its trade balance;
Whereas Council Directive 78/170/EEC of 13 February 1978 on the performance of heat generators for space heating and the production of hot water in new or existing non-industrial buildings and on the insulation of heat and domestic hot-water distribution in new non-industrial builings , has given rise to the establishment of substantially different efficiency levels between one Member State and another;
Whereas the requirement of high efficiency for hot-water boilers will reduce the range of technical properties of equipment placed on the market, thus facilitating series production and making for economies of scale; whereas the absence of a measure laying down energy requirements at a sufficiently high level may result, with the completion of the internal market, in a significant drop in the efficiency levels of heating installations through the spread on the market of low-efficiency boilers;
Whereas local climatic conditions and the energy and occupancy characteristics of buildings differ greatly within the Community; whereas Member States must take this diversity into account when determining the conditions for putting boilers into service in implementation of this Direcitve; whereas these circumstances justify the fact that Member States where back-boilers and boilers designed to be installed in the living space are widely installed at the date of the adoption of this Directive should continue to authorize, within specific limits, the placing on their markets and the putting into service of such boilers; whereas these arrangements should be subject to particular surveillance by the Commission;
Whereas this Directive, which is aimed at eliminating technical barriers with regard to boiler efficiency, must follow the new approach established by the Council resolution of 7 May 1985 which specifically lays down that legislative harmonization is limited to the adoption, by means of directives based on Article 100 of the EEC Treaty, of the essential requirements with which products put on the market must conform and that ‘these essential requirements shall be worded precisely enough in order to create legally binding obligations which can be enforced and to enable the certification bodies to certify products as being in conformity, having regard to those requirements in the absence of standards’;
Having regard to Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations;
Having regard to Decision 90/683/EEC concerning the modules for the various phases of the conformity assessment procedures which are intended to be used in the technical harmonization directives;
Whereas boilers complying with the efficiency requirements should bear the CE mark and, where appropriate, signs in order to enable them to move freely and to be put into service in accordance with their intended purpose within the Community;
Having regard to Directive 89/106/EEC on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products;
Whereas efficiency requirements to encourage the rational use of energy as laid down in 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 should be established for the gas boilers referred to in this Directive,
HAS ADOPTED THIS DIRECTIVE:]
Textual Amendments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2 Deleted by Directive 2005/32/EC of the European Parliament and of the Council of 6 July 2005 establishing a framework for the setting of ecodesign requirements for energy-using products and amending Council Directive 92/42/EEC and Directives 96/57/EC and 2000/55/EC of the European Parliament and of the Council.
F11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.The conformity of series-produced boilers shall be certified by:
examination of the efficiency of a boiler type in accordance with module B as described in Annex III,
a declaration of conformity to the approved type in accordance with module C, D or E as described in Annex IV.
For boilers burning gaseous fuels, the procedures for assessing the conformity of their efficiency shall be those used to assess conformity to the safety requirements laid down in Directive 90/396/EEC on the approximation of the laws of the Member States relating to appliances burning gaseous fuels.
F13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
[F31. Member States shall inform the Commission and the other Member States of the bodies which they have appointed to carry out the procedures referred to in Article 7, together with specific tasks which these bodies have been appointed to carry out and the identification numbers assigned to them beforehand by the Commission.
The Commission shall publish in the Official Journal of the European Communities a list of the notified bodies with their identication numbers and the tasks for which they have been notified. The Commission shall ensure that this list is kept up to date.]
2.Member States shall implement the minimum criteria laid down in Annex V for the appointment of such bodies. Bodies which satisfy the criteria laid down in the corresponding harmonized standards shall be deemed to comply with the criteria laid down in that Annex.
3.A Member State which has notified a particular body must withdraw that notification if it finds that the body concerned no longer satisfies the criteria referred to in paragraph 2. It shall immediately inform the other Member States and the Commission accordingly and shall withdraw the notification.
Textual Amendments
F3 Substituted by Council Directive 93/68/EEC of 22 July 1993 amending Directives 87/404/EEC (simple pressure vessels), 88/378/EEC (safety of toys), 89/106/EEC (construction products), 89/336/EEC (electromagnetic compatibility), 89/392/EEC (machinery), 89/686/EEC (personal protective equipment), 90/384/EEC (non-automatic weighing instruments), 90/385/EEC (active implantable medicinal devices), 90/396/EEC (appliances burning gaseous fuels), 91/263/EEC (telecommunications terminal equipment), 92/42/EEC (new hot-water boilers fired with liquid or gaseous fuels) and 73/23/EEC (electrical equipment designed for use within certain voltage limits).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[ F2 ] |
The application must include:
the name and address of the manufacturer and, if the application is lodged by the authorized representative, the name and address in addition,
a written declaration that the same application has not been lodged with any other notified body,
the technical documents, as described in section 3.
The applicant must place at the disposal of the notified body an example representative of the production envisaged, hereinafter called ‘type’. The notified body may request further examples if needed for carrying out the test programme.
a general type-description,
conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,
descriptions and explanations necessary for the understanding of the drawings and diagrams and the operation of the product,
a list of the standards referred to in Article 5 (2), applied in full or in part, and descriptions of the solutions adopted to meet the essential requirements of the Directive where the standards referred to in Article 5 have not been applied,
results of design calculations made, examinations carried out, etc.,
test reports.
examine the technical documents, verify that the type has been manufactured in conformity with those documents and identify the elements which have been designed in accordance with the relevant provisions of the standards referred to in Article 5 (2) as well as the components which have been designed without applying the relevant provisions of those standards;
perform or have performed the appropriate examinations and necessary tests to check whether, where the standards referred to in Article 5 (2) have not been applied, the solutions adopted by the manufacturer meet the essential requirements of the Directive;
perform or have performed the appropriate examinations and necessary tests to check whether, where the manufacturer has chosen to apply the relevant standards, these have actually been applied;
agree with the applicant the location where the examinations and necessary tests are to be carried out.
A list of the relevant parts of the technical documents is annexed to the certificate and a copy kept by the notified body.
If the manufacturer or his authorized representative established in the Community is refused a type certificate, the notified body must provide detailed reasons for such refusal.
Provision must be made for an appeals procedure.
Where neither the manufacturer nor his authorized representative is established within the Community, the obligation to keep the technical documents available is the responsibility of the person who places the product on the Community market.
Where neither the manufacturer nor his authorized representative is established within the Community, the obligation to keep the technical documents available is the responsibility of the person who places the product on the Community market.
The application must include:
all relevant information for the appliance category envisaged,
the documents concerning the quality system,
the technical documents pertaining to the approved type and a copy of the EC type-examination certificate.
All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documents must permit a consistent interpretation of the quality programmes, plans, manuals and quality records.
It must contain in particular an adequate description of:
the quality objectives and the organizational structure, responsibilities and powers of the management with regard to appliance quality,
the manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used,
the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out,
the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.,
the means of monitoring the achievement of the required appliance quality and the effective operation of the quality system.
The decision is notified to the manufacturer. The notification must contain the conclusions of the examination and the duly substantiated assessment decision.
The manufacturer or his authorized representative must keep the notified body that has approved the quality system informed of any proposed change in the quality system.
The notified body must assess the changes proposed and decide whether the altered quality system will still satisfy the requirements referred to in 3.2 or whether reassessment is required.
It must notify the manufacturer of its decision. The notification must contain the conclusions of the examination and the substantiated assessment decision.
the quality system documents,
the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc..
the document referred to in the second indent of 3.1,
the updating referred to in the second paragraph of 3.4,
the decisions and reports from the notified body which are referred to in the final paragraph of 3.4, and in 4.3 and 4.4.
The application must include:
all relevant information for the boiler or appliance category envisaged,
the quality system's documentation,
the technical documents pertaining to the approved type and a copy of the EC type-examination certificate.
It must in particular contain an adequate description of:
the quality objectives and the organizational structure, responsibilities and powers of the management with regard to product quality,
the examination and tests that will be carried out after manufacture,
the means of monitoring the effective operation of the quality system,
quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.
The auditing team must have at least one member with experience of assessing the relevant product technology. The assessment procedure must include an inspection visit to the manufacturer's premises.
The manufacturer must be notified of the decision. The notification must contain the conclusions of the examination and the substantiated assessment decision.
The manufacturer or his authorized representative must keep the notified body which has approved the quality system informed of any proposed change in the quality system.
The notified body must assess the changes proposed and decide whether the altered quality system will still satisfy the requirements referred to in 3.2 or whether a reassessment is required.
It must notify the manufacturer of its decision. The notification must contain the conclusions of the examination and the substantiated assessment decision.
the quality system documentation,
the technical documents,
the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.
the documents referred to in the third indent of 3.1,
the changes referred to in the second paragraph of 3.4,
the decisions and reports from the notified body which are referred to in the final paragraph of 3.4, and in 4.3 and 4.4.
sound technical and professional training,
satisfactory knowledge of the requirements of the tests they carry out and adequate experience of such tests,
the ability to draw up the certificates, records and reports required to authenticate the performance of the tests.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.
The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.
For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: