S.I. No. 72/1995:

EUROPEAN COMMUNITIES (EFFICIENCY REQUIREMENTS FOR NEW HOT WATER BOILERS FIRED WITH LIQUID OR GASEOUS FUELS) (AMENDMENT) REGULATIONS, 1995.

EUROPEAN COMMUNITIES (EFFICIENCY REQUIREMENTS FOR NEW HOT WATER BOILERS FIRED WITH LIQUID OR GASEOUS FUELS) (AMENDMENT) REGULATIONS, 1995.

I, MICHAEL LOWRY, Minister for Transport, Energy and Communications, 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 Council Directive 93/68/EEC of 22 July, 1993¹ insofar as it relates to Council Directive 92/42/EEC of 21 May, 1992² hereby make the following Regulations:--

1. (1) These Regulations may be cited as the European Communities (Efficiency Requirements for New Hot-Water Boilers fired with Liquid or Gaseous Fuels) (Amendment) Regulations, 1995.

(2) These Regulations and the Principal Regulations may be cited together as the European Communities (Efficiency Requirements for New Hot-Water Boilers fired with Liquid or Gaseous Fuels) Regulations, 1995.

2. In these Regulations-- "the Principal Regulations" means the European Communities (Efficiency Requirements for New Hot-water Boilers fired with Liquid or Gaseous Fuels) Regulations, 1994 ( S.I. No. 260 of 1994 ).

3. Regulation 2 of the Principal Regulations is hereby amended by:--

( a ) the deletion of the definition "EC mark"; and

( b ) insertion of the following definition after the definition of "boiler to be installed in the living space":--

"CE marking" means the conformity marking specified in Article 12 (7) of Council Directive 93/68/EEC of 22 July, 1993.

¹ OJ No. L. 220, 30,8,93, p.l.

² OJ No. L. 167, 22,6,92, p.17.

4. In the Principal Regulations the term "EC mark" is replaced by "CE marking" in each place where it occurs.

5. Regulation 5 of the Principal Regulations is hereby amended by the addition of the following paragraph:--

"(4) ( a ) Subject to subparagraph (b) of this paragraph, the presence of a CE marking on a boiler shall indicate that the boiler in question is presumed to conform to those aspects of other Council Directives which also provide for the affixing of the CE marking to such a boiler.

( b ) Where one or more of these Council Directives allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity to the provisions only of those Council Directives, as published in the official Journal of the European Communities, applied by the manufacturer. In each such case, particulars of the Council Directives, or parts thereof, applied, must be given in the documents, notices or instructions required by the Council Directives to accompany the boiler.".

6. Regulation 6 of the Principal Regulations is hereby amended by the addition of the following paragraph:--

"(6) Where the Minister makes an appointment under paragraph (1), he shall inform the Commission and the other Member States of that appointment and outline the tasks for which each appointment has been made. Each notification shall be accompanied by the identification number previously assigned to the appointee by the Commission.".

7. Regulation 12 of the Principal Regulations is hereby amended by the substitution of the following paragraphs for paragraphs (1) and (2) respectively:--

"(1) The manufacturer or his authorised representative within the Community shall ensure that the CE marking, in compliance with the requirements of these Regulations and any other provisions concerning the granting of the CE marking, including the inscriptions specified in Annex I to Council Directive 9¾2/EEC (inserted by Council Directive 93/68/EEC), shall be affixed on each appliance in a visible, easily legible and indelible manner and draw up a written declaration of conformity. The CE marking shall be accompanied by the identification number of the notified body responsible under Regulation 11 of the Principal Regulations. In addition, the last two digits of the year in which the CE marking was affixed may also be affixed on the appliance;

(2) No person shall affix on a boiler or appliance to which these Regulations apply any markings liable to deceive third parties as to the meaning and form of the CE marking. Any other marking may be affixed to the boiler or appliance provided that the visibility and legibility of the CE marking is not thereby reduced.".

8. Regulation 15 of the Principal Regulations is hereby amended by the substitution of the following paragraph for paragraph (3):--

"(3) Where the Minister gives or withdraws a direction under paragraph (1), he shall immediately inform the Commission and the other Member States of the fact indicating the reasons for his having given or withdrawn the direction.".

GIVEN under my Official Seal, this 23rd day of March, 1995.

MICHAEL LOWRY,

Minister for Transport, Energy and

Communications.

EXPLANATORY NOTE.

The purpose of the Regulations is to give legal effect to Council Directive 93/68/EEC of 22 July, 1993, insofar as it relates to Council Directive 92/42/EEC of 21 May, 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels.

The Regulations come into effect on the date that they are signed and amend the European Communities (Efficiency Requirements for New Hot-Water Boilers fired with Liquid or Gaseous Fuels) Regulations, 1994, (S.I.260 of 1994) with regard to new arrangements for the affixing and use of the European Communities "CE" conformity marking.