Activites

• #3445
• 2016/02/12 Council Meeting
• 2016/02/12 Act adopted by Council after Parliament's 1st reading
• 2016/01/20 Decision by Parliament, 1st reading/single reading
  • T8-0013/2016 summary

    The European Parliament adopted by 629 votes to 63, with 16 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on appliances burning gaseous fuels. Parliament’s position, adopted at first reading under the ordinary legislative procedure, amended the Commission proposal as follows: Scope of the proposal: this Regulation should apply to domestic and non-domestic appliances intended for a number of specified applications  and to fittings designed to be incorporated into such appliances Parliament proposed several amendments in order to strengthen the text from a point of view of consumer safety. The provisions of this Regulation do not affect the Member States’ entitlement to lay down rules concerning commissioning or periodic inspections of appliances burning gaseous fuels, or other measures such as installer training or certification, in order to ensure their correct installation, use and maintenance, including precautionary safety measures. Those rules and measures are essential in preventing gas poisoning, including from carbon monoxide (CO), and the leakage of any substances harmful to health and safety. Moreover, this Regulation shall not affect the obligation upon Member States to adopt measures with respect to the promotion of the use of energy from renewable sources and to the energy efficiency of buildings. Availability on the market and putting into service: Parliament stated that appliances shall only be made available on the market and put into service if, when normally used, they comply with this Regulation. At trade fairs, exhibitions, demonstrations or similar events, Member States shall not prevent the showing of appliances or fittings which do not comply with this Regulation, provided that a visible sign clearly indicates that such appliances or fittings do not comply with this Regulation and that they are not for sale until they have been brought into conformity. During demonstrations, adequate safety measures shall be taken to ensure the protection of persons, domestic animals and property. Gas supply conditions: by 18 months after the entry into force of the Regulation, Member States shall communicate to the Commission and the other Member States the types of gas and corresponding supply pressures of gaseous fuels used on their territory. They shall communicate any changes thereof within six months after the announcement of the envisaged changes. Alignment with the New Legislative Framework (NLF): the proposal seeks to align the Regulation to the provisions to the goods package adopted in 2008 and in particular to the Decision EC 768/2008 on a common framework for the marketing of products. Members offer several amendments aiming to improve the consistency of the text with the NLF: this Regulation covers appliances and fittings which are new to the Union market when they are placed on the market; that is to say they are either new appliances and fittings made by a manufacturer established in the Union or appliances and fittings, whether new or second-hand, imported from a third country. It shall apply to all forms of supply, including distance selling; manufacturers shall indicate on the fitting their name, registered trade name or registered trade mark, and the postal address at which they can be contacted or, where that is not possible, on the packaging or in a document accompanying the fitting. The address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language easily understood by appliance manufacturers and the market surveillance authorities; instructions and safety information as well as any labelling, shall be clear, understandable and intelligible; manufacturers shall ensure that the fitting is accompanied by a copy of the EU declaration of conformity containing, inter alia, instructions for incorporation or assembly, adjustment, operation and maintenance in a language which can be easily understood by appliance manufacturers, as determined by the Member State concerned. Where a large number of fittings are delivered to a single user, the batch or consignment concerned may be accompanied by a single copy of the EU declaration of conformity; before placing an appliance on the market, importers shall ensure that the appropriate conformity assessment procedure has been carried out by the manufacturer and that the manufacturer has drawn up the technical documentation, that the fitting bears the CE marking and is accompanied by a copy of the EU declaration of conformity. EU declaration of conformity: the EU declaration of conformity for a fitting shall state the characteristics of the fitting and shall contain instructions on how the fitting should be incorporated into an appliance or assembled to constitute an appliance. The EU declaration of conformity shall be in a language which can be easily understood by appliance manufacturers and market surveillance authorities, as determined by the Member State concerned. CE marking:  the CE marking shall be affixed visibly, legibly and indelibly to the appliance and the fitting or to their data plate as far as relevant.  Where that is not possible or not warranted on account of the nature of the appliance or the fitting, it shall be affixed to the packaging and to the documents accompanying the appliance or the fitting. It shall be affixed before the appliance or the fitting is placed on the market. Member States shall build upon existing mechanisms to ensure correct application of the regime governing the CE marking and shall take appropriate action in the event of improper use of that marking. Market surveillance: in order to ensure legal certainty, Parliament proposed to clarify that rules on Union market surveillance and control of products entering the Union market provided for in Regulation (EC) No 765/2008 apply to appliances and fittings covered by this Regulation. Members also introduced provisions relating to the procedure at national level for dealing with appliances or fittings presenting a risk, Union safeguard procedures and compliant appliances or fittings which present a risk for the health and safety of persons.

• 2016/01/19 Debate in Parliament
  • Debate in Parliament
• 2015/04/30 Committee report tabled for plenary, 1st reading/single reading
  • A8-0147/2015 summary

    The Committee on the Internal Market and Consumer Protection adopted a report drafted by Catherine STIHLER (S&D, UK) on the proposal for a regulation of the European Parliament and of the Council on appliances burning gaseous fuels. The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows: Scope of the proposal: this Regulation should apply to domestic and non-domestic appliances intended for a number of specified applications burning gaseous fuels and to fittings designed to be incorporated into such appliances. Members proposed several amendments in order to strengthen the text from a point of view of consumer safety. The provisions of this Regulation do not affect the Member States’ entitlement to lay down rules concerning commissioning or periodic inspections of appliances burning gaseous fuels, or other measures such as installer training or certification, in order to ensure their correct installation, use and maintenance, including precautionary safety measures. Those rules and measures are essential in preventing gas poisoning, including from carbon monoxide (CO), and the leakage of any substances harmful to health and safety. Availability on the market and putting into service: it is stated that appliances shall only be made available on the market and put into service if, when normally used, they comply with this Regulation. Fittings: Members considered that fittings should satisfy the essential requirements so as to fulfil correctly their intended purpose when incorporated into an appliance or assembled to constitute such an appliance. It is considered justified that fittings should also bear the CE marking. Exceptions should be provided for in cases where the size or nature of the appliance or fitting does not allow it. Given that the fitting should bear the CE marking, Members proposed deleting the obligation of manufacturers to issue a fitting conformity certificate. Alignment with the New Legislative Framework (NLF): the proposal seeks to align the Regulation to the provisions to the goods package adopted in 2008 and in particular to the Decision EC 768/2008 on a common framework for the marketing of products. After careful analysis of the proposal and a comprehensive comparison with the proposals of the ''Alignment Package'', Members offer several amendments aiming to improve the consistency of the text with the NLF: the appliances covered by this Regulation include those burning gaseous fuels (ʻappliancesʼ) and fittings which are new to the Union market when they are placed on the market; that is to say they are either new appliances and fittings made by a manufacturer established in the Union or appliances and fittings, whether new or second-hand, imported from a third country; it should apply to all forms of supply across the Union, including distance selling; the address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language easily understood by appliance manufacturers and the market surveillance authorities; instructions and safety information, as well as any labelling, shall be clear, understandable and intelligible; the EU declaration of conformity may be a dossier made up of relevant individual declarations of conformity; it shall be in a language which can be easily understood by appliance manufacturers and market surveillance authorities; in order to assist compliance with the essential requirements applicable to finished appliances, the EU declaration of conformity for a fitting shall state the characteristics of the fitting and it shall contain instructions on how the fitting should be incorporated into an appliance or assembled to constitute such an appliance; a copy of the EU declaration of conformity shall be supplied with the appliance or the fitting; the CE marking and the inscriptions referred to in Annex IV shall be affixed visibly, legibly and indelibly to the appliance and the fitting or to their data plate. Where that is not possible or not warranted on account of the nature of the appliance or the fitting, the CE marking shall be affixed to the packaging and to the instructions accompanying the appliance or the fitting; interested parties should have the right to appeal against the result of an assessment carried out by a notified body; a procedure should enable interested parties to be informed of measures intended to be taken with regard to appliances and fittings presenting a risk to the health or safety of persons or to domestic animals or property. Market surveillance: Members introduced a new Chapter on Union Market Surveillance, Control of appliances and fittings entering the Union market and Union Safeguard Procedure, aligned to Articles of Decision EC 768/2008.

• 2015/04/23 Committee decision to open interinstitutional negotiations with report adopted in committee
• 2015/04/23 Vote in committee, 1st reading/single reading
• #3363
• 2014/12/17 Council Meeting
  • 3363
• 2014/07/03 Committee referral announced in Parliament, 1st reading/single reading
• 2014/05/12 Legislative proposal published
  • COM(2014)0258 summary

    PURPOSE: to amend Directive 2009/142/EC to ensure that appliances burning gaseous fuels on the market fulfil the requirements providing for a high level of protection of health and safety of users and protection of domestic animals or property and for rational use of energy. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND : Directive 2009/142/EC setting out the conditions for the placing on the market and putting into service of appliance burning gaseous fuels is based on the “New Approach” principles regarding technical harmonisation and standards. It sets out only the essential requirements applying to appliances burning gaseous fuels, whereas technical details are adopted by the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) in accordance with Regulation (EU) No 1025/2012 on European Standardisation. Experience from the implementation of Directive 2009/142/EC has shown the need to modify some of its provisions in order to clarify and update them and ensure thus legal certainty as regards the definitions relating to its scope, the content of the Member States' communications of their gas types and supply pressures and certain essential requirements.The Commission proposes to replace Directive 2009/142/EC with a Regulation, so as to impose clear and detailed rules which do not give room for divergent transposition by Member States and ensure a uniform implementation throughout the Union. IMPACT ASSESSMENT: the option of modifying Directive 2009/142/EC was found to be the preferred option because: (i) it is considered more effective since it will be enforceable in law ; (ii) it does not entail significant costs for economic operators and notified bodies; (iii) no significant economic or social impacts could be identified. CONTENT: the proposed Regulation does not change the current scope of Directive 2009/142/EC. However, it modifies some of its provisions in order to clarify and update their content. The proposed Regulation is also aligned to the provisions of Decision No 768/2008/EC establishing a common framework for the marketing of products (NLF Decision). The proposal provides for : ·        the removal of the outdated temperature limit of 105°C from the definition of the scope; ·        the introduction of currently missing definitions for the sector specific terminology under Directive 2009/142/EC; ·        the introduction of a harmonised content and form of the communications of Member States on the types of gas and corresponding supply pressures used on their territory; ·        the clarification of the relationship between Directive 2009/142/EC and other EU harmonisation legislation, including Ecodesign implementing measures under Directive 2009/125/EC and other Union energy policy instruments; ·        the improvement of the readability of some of the provisions of Directive 2009/142/EC. The modification also includes the following points: Making available on the market of gas appliances and fittings, obligations of economic operators, CE marking, free movement: the proposal contains the typical provisions for product-related Union harmonisation legislation and sets out the obligations of the relevant economic operators (manufacturers, authorised representatives, importers and distributors), in accordance with the NLF Decision. The proposed Regulation keeps the existing provision according to which fittings do not bear the CE marking. However, in order to improve clarity, the certificate accompanying fittings under Directive 2009/142/EC has been qualified as “Fitting conformity certificate”, in order to better define its content and clarify its relationship with the EU declaration of conformity requirement under other possibly applicable Union harmonisation legislation. Notified bodies:  in line with the NLF Decision, the proposal reinforces the notification criteria for notified bodies and introduces specific requirements for notifying authorities. Conformity assessment: the proposal keeps the conformity assessment procedures provided for under Directive 2009/142/EC. However, it updates the corresponding modules in line with the NLF Decision. In particular, it keeps the requirement for a notified body intervention in the design and production phase of all appliances and fittings. Furthermore, it keeps the current approach for the design phase, according to which the type examination of the product by the notified body takes the form of examination of the complete appliance or fitting. Therefore, in accordance with the NLF Decision, it provides only for the EU-type examination – production type. ENTRY INRO FORCE: the proposed Regulation will become applicable two years after its entry into force to allow manufacturers, notified bodies, Member States and European Standardisation Bodies, time to adapt to the new requirements. A transitional provision is envisaged for the certificates issued by notified bodies under Directive 2009/142/EC so as to allow stocks to be absorbed and ensure a smooth transition to the new requirements. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.

  • DG {'url': 'http://ec.europa.eu/dgs/internal_market/', 'title': 'Internal Market and Services'}, BIEŃKOWSKA Elżbieta

Documents

• Legislative proposal published: COM(2014)0258
• Debate in Council: 3363
• Committee report tabled for plenary, 1st reading/single reading: A8-0147/2015
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 1st reading/single reading: T8-0013/2016

Amendments

Dossier

28

2014/0136(COD) 2015/03/04 IMCO 28 amendments... Amendment 202 # Biljana BORZAN Proposal for a regulation Recital 15 (15) The provisions of this Regulation do not affect the Member States’ entitlement to lay down rules concerning commissioning or periodic inspections of appliances burning gaseous fuels in order to ensure their correct installation, use and maintenance. Correct installation, use and maintenance is the key to preventing carbon monoxide (CO) poisoning, especially taking into account the fact that CO has no colour, scent or taste and is therefore very hard to detect for potential victims. Amendment 203 # Dita CHARANZOVÁ Proposal for a regulation Recital 15 (15) The provisions of this Regulation do not affect the Member States’ entitlement to lay down rules concerning commissioning or periodic inspections of appliances burning gaseous fuels in order, or other measures such as installer training or certification, to ensure their correct installation, use and maintenance, including precautionary safety measures. Amendment 204 # Cristian-Silviu BUŞOI Proposal for a regulation Recital 15 (15) The provisions of this Regulation do not affect the Member States’ entitlement to lay down rules concerning commissioning or periodic inspections of appliances burning gaseous fuels in order to ensure their correct installation, use and maintenance, and thus help prevent carbon monoxide (CO) poisoning and the leakage of concentrations of all substances harmful to health and safety. Amendment 205 # Dita CHARANZOVÁ Proposal for a regulation Recital 17 (17) As this Regulation does not cover such risks caused by appliances burning gaseous fuels in case of incorrect installation, maintenance or use, Member States are strongly encouraged to take measures to ensure that public is made aware of the health and safety risks related to combustion products and in particular tothe need for proper precautionary safety measures, in particular in relation to emissions of carbon monoxide. Amendment 206 # Cristian-Silviu BUŞOI Proposal for a regulation Recital 17 (17) As this Regulation does not cover such risks caused by appliances burning gaseous fuels in case of incorrect installation, maintenance or use, Member States are strongly encouraged to take measures to ensure that public is made aware of the health and safety risks related to combustion products and in particular to carbon monoxide. Amendment 207 # Cristian-Silviu BUŞOI Proposal for a regulation Recital 43 (43) Manufacturers of appliances burning gaseous fuels and fittings should draw up an EU declaration of conformity to provide information required under this Regulation on the conformity of an appliance with the requirements of this Regulation and of other relevant Union harmonisation legislation. Amendment 208 # Cristian-Silviu BUŞOI Proposal for a regulation Recital 44 (44) To ensure effective access to information for market surveillance purposes, the information required to identify all applicable Union Acts for an appliance burning gaseous fuels and fittings should be available in a single EU declaration of conformity. Amendment 209 # Cristian-Silviu BUŞOI Proposal for a regulation Recital 45 (45) Manufacturers of fittings should issue a Fitting conformity certificate to provide information required under this Regulation on the conformity of the fitting with the requirements of this Regulation. In case the fitting is subject also to other Union harmonisation legislation, manufacturers of fittings should also, where relevant, issue an EU declaration of conformity in accordance with that legislation.deleted Amendment 210 # Dita CHARANZOVÁ Proposal for a regulation Recital 47 (47) Fittings are not appliances burning gaseous fuels, but intermediate products made available between professionals and intendintended for appliance manufacturers and designed to be incorporated into an appliance. As the appropriatHowever, fittings should satisfy the design of a fitting contributes to the correct and safe functioningsential requirements so as to fulfil correctly their intended purpose when incorporated into an appliance ofr a finished appliance and as the gas related risks of an appliance can only be assessed aftssembled to constitute such an appliance. With a view to simplification and in order to avoid any confusion and misunderstanding for manufacturers incorporation of implementation of their obligations, it is considered justified theat fitting, it is appropriate thats should also bear the CE marking. Exceptions should be provided for in cases where the size or nature of the fittings does not bearallow the CE marking to be affixed to it. Amendment 211 # Cristian-Silviu BUŞOI Proposal for a regulation Article 2 – paragraph 1 – point 32 a (new) (32a) 'normal variation in the gas quality' means a variation of the gas quality with which the appliance is designed to operate at the nominal performance level ensuring compliance with other relevant Union legal acts. Amendment 212 # Cristian-Silviu BUŞOI Proposal for a regulation Article 2 – paragraph 1 – point 32 b (new) (32b) 'normal fluctuation in the supply pressure' means fluctuation of the normal supply pressure over the lifetime with which the appliance operates at the nominal performance level ensuring compliance with other relevant Union legal acts. Amendment 213 # Cristian-Silviu BUŞOI Proposal for a regulation Article 2 – paragraph 1 – point 32 c (new) (32c) 'normal fluctuation in the gas quality' means fluctuation of the gas quality over the lifetime of the appliance with which the appliance is designed to operate at the nominal performance level ensuring compliance with other relevant Union legal acts. Amendment 214 # Cristian-Silviu BUŞOI Proposal for a regulation Article 7 – paragraph 2 – subparagraph 3 Where compliance of a fitting with the applicable requirements has been demonstrated by the procedure referred to in the first subparagraph, manufacturers shall draw up a Fitting conformity certificatedeclaration of conformity (without affixing a CE-marking). Amendment 215 # Cristian-Silviu BUŞOI Proposal for a regulation Article 7 – paragraph 4 – subparagraph 2 When deemed appropriate with regard to the risks presented by an appliance or a fitting, manufacturers shall, to protect the health and safety of consumers and other end-users, upon a duly justified request of the competent authorities, carry out sample testing of the appliance made available on the market, investigate, and, if necessary, keep a register of complaints of non-conforming appliances and fittings, and recalls of such appliances, and shall keep distributors informed of any such monitoring. Amendment 216 # Daniel DALTON Proposal for a regulation Article 7 – paragraph 7 – subparagraph 2 Manufacturers shall ensure that the fitting is accompanied by the Fitting conformity certificate containing, amongst others, instructions for incorporation or assembly, adjustment, operation and maintenance in accordance with point 1.7 of Annex I, in a language which can be easily understood by appliance manufacturers. The instructions shall be clear, understandable, as determined by the Member State concerned. However, where a large number of fittings are delivered to a single user, the batch or consignment concerned may be accompanied by a sole issue of the instructions for incorporation or assembly, adjustment, operation and maintelligiblenance in accordance with point 1.7 of Annex I. Amendment 217 # Daniel DALTON Proposal for a regulation Article 9 – paragraph 2 – subparagraph 2 Before placing a fitting on the market, importers shall ensure that the appropriate conformity assessment procedure in accordance withreferred to in Article 14 has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the fitting is accompanied by the Fitting conformity certificate containing, amongst others,bears the CE marking and is accompanied by instructions for incorporation or assembly, adjustment, operation and maintenance in accordance with point 1.7 of Annex I, and that the manufacturer has complied with the requirements set out in Article 7(5) and (6) respectively. Amendment 218 # Dita CHARANZOVÁ Proposal for a regulation Article 9 – paragraph 2 – subparagraph 2 a (new) Pursuant to Article 18, importers shall ensure the CE marking is affixed to any packaging and instructions accompanying the fitting where it is not possible or warranted for the fitting to bear the CE marking. Or. en (see amendments on Article 18) Amendment 219 # Daniel DALTON Proposal for a regulation Article 9 – paragraph 4 – subparagraph 2 Importers shall ensure that the fitting is accompanied by the Fitting conformity certificate containing, amongst others, instructions for incorporation or assembly, adjustment, operation and maintenance in accordance with point 1.7 of Annex I, in a language which can be easily understood by appliance manufacturers, as determined by the Member State concerned. Amendment 220 # Cristian-Silviu BUŞOI Proposal for a regulation Article 9 – paragraph 6 (6) When deemed appropriate with regard to the risks presented by an appliance or a fitting, importers shall, to protect the health and safety of consumers and the users, upon a duly justified request of the competent authorities, carry out sample testing of appliances or fittings made available on the market, investigate, and, if necessary, keep a register of complaints of nonconforming appliances or fittings and recalls of such appliances, and shall keep distributors informed of any such monitoring. Amendment 221 # Daniel DALTON Proposal for a regulation Article 10 – paragraph 2 – subparagraph 2 Before making a fitting available on the market distributors shall verify that the fitting is accompanied by the Fitting conformity certificate containing, amongst others,bears the CE marking and is accompanied by instructions for incorporation or assembly, adjustment, operation and maintenance in accordance with point 1.7 of Annex I, in a language which can be easily understood by appliance manufacturers, and that the manufacturer and the importer have complied with the requirements set out in Article 7(5) and (6) and Article 9(3) respectively. Amendment 222 # Dita CHARANZOVÁ Proposal for a regulation Article 10 – paragraph 2 – subparagraph 2 a (new) Pursuant to Article 18, distributors shall verify that the CE marking is affixed to any packaging and instructions accompanying the fitting where it is not possible or warranted for the fitting to bear the CE marking. Or. en (see amendments on Article 18) Amendment 223 # Dita CHARANZOVÁ Proposal for a regulation Article 18 – paragraph 1 (1) The CE marking and the inscriptions referred to in Annex IV shall be affixed visibly, legibly and indelibly to the appliance or to its data plate. Where that is not possible or warranted on account of the nature of the appliance, the CE marking shall be affixed to the packaging and to the instructions accompanying the appliance. Amendment 224 # Dita CHARANZOVÁ Proposal for a regulation Article 18 – paragraph 2 (2) The inscriptions referred to point 2 of Annex IV shall be affixed, visibly, legibly and indelibly to the fitting or to its data plate, as far as relevant. Where that is not possible or warranted on account of the nature of the fitting, the CE marking shall be affixed to the packaging and to the instructions accompanying the fitting. Amendment 225 # Dita CHARANZOVÁ Proposal for a regulation Article 18 – paragraph 3 (3) The CE marking and/or the inscriptions referred to in Annex IV shall be affixed before the appliance or the fitting is placed on the market. Where that is not possible or warranted on account of the nature of the appliance or fitting, the CE marking shall be affixed to the packaging and to the instructions accompanying the appliance or fitting. Amendment 226 # Cristian-Silviu BUŞOI Proposal for a regulation Annex I – part 1 – point 1.6.1 – paragraph 2 The instructions for installation shall include also information on the technical specifications of the interface between the appliance and its installation environment allowing its correct connection to the gas supply network, the supply of auxiliary energy, the combustion air supply and, the flue gas evacuation system and the condensate draining system. Amendment 227 # Dita CHARANZOVÁ Proposal for a regulation Annex I – part 1 – point 1.6.2 – paragraph 2 The manufacturer of the appliance shall include in the instructions accompanying the appliance, all necessary information for adjustment, operation and maintenance of the fittings as part of the finished appliance, as appropriate. Such instructions may note where maintenance by a professional would be advisable. Amendment 228 # Dita CHARANZOVÁ Proposal for a regulation Annex I – part 3 – point 3.4 – point 3.4.4 3.4.4. Appliances shall be so designed and constructed that, when used normally, they do not cause a concentration of any substances harmful to health, such as they would be likely to present a danger to the health of persons and domestic animals exposed. Amendment 229 # Cristian-Silviu BUŞOI Proposal for a regulation Annex III – part 1 – point 1.6 – paragraph 3 The certificate shall have a maximum validity period of ten years from the date of its issue. Where the type does not satisfy the applicable requirements of this Regulation, the notified body shall refuse to issue an EU-type examination certificate and shall inform the applicant accordingly, giving detailed reasons for its refusal. source: 549.463

History

(these mark the time of scraping, not the official date of the change)