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5.—(1) Subject to the following provisions of these Regulations and without prejudice to other methods of satisfying the efficiency requirements, a boiler is deemed to satisfy the efficiency requirements if—
(a)it complies with any relevant harmonised standard for boilers; and
(b)it bears the EC mark affixed in a visible, easily legible and indelible manner and is accompanied by an EC declaration of conformity.
(2) An EC declaration of conformity, in relation to a series produced boiler, is a declaration by the manufacturer or his authorised representative established in the Community which —
(a)attests to the conformity of the boiler to the requirements of these Regulations,
(b)certifies that the boiler is of a type which has been examined and certified by a notified body in accordance with the procedures specified in Schedule 4,
(c)declares that the manufacturer or such a representative has, in accordance with the requirements specified in Part I, II or III of Schedule 5, ensured that the boiler conforms to that type, and
(d)where the boiler is also subject to one or more Community Directives (other than the Directive) which provide for the affixing of an EC mark and allow the manufacturer during a transitional period to choose which arrangements to apply, specifies in respect of which of those Directives the EC mark, if affixed during that period, indicates conformity.
(3) No person shall issue an EC declaration of conformity in respect of a boiler unless the efficiency requirements are satisfied in respect of that boiler.
(4) The verification methods for production and measurement of boilers shall be those provided for in the harmonised standards.
(5) The procedures for assessing the conformity of the efficiency of boilers burning gaseous fuels with the efficiency requirements are those used to assess the conformity of such boilers with the essential requirements specified in Schedule 3 to the Gas Appliances (Safety) Regulations 1992(1).
(6) Before 1st January 1995, paragraph (2) shall have effect as if sub-paragraph (d) were omitted.
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