No C 194/18 Official Journal of the European Communities 31. 7. 89 
Opinion on the proposal for a Council Directive on the approximation of the laws of the 
Member States relating to appliances burning gaseous fuels (l) 
(89/C 194/07) 
On 16 January 1989, the Council decided to consult the Economic and Social Committee, 
under Article 100A of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing 
the Committee's work on the subject, adopted its Opinion on 3 May 1989. The rapporteur 
was Mr Frandi. 
At its 266th plenary session (meeting of 31 May 1989), the Economic and Social Committee 
adopted the following Opinion with no votes against and three abstentions. 
The Committee welcomes the Directive and broadly 
approves the provisions contained therein. 
1. General comments 
1.1. The Committee nevertheless considers that the 
Directive must not be confined solely to the safety 
and energy-saving aspects of domestic gas appliances, 
however vital these may be. In the Committee's opinion 
there should be a link between the legal provisions 
applicable to domestic gas appliances and those appli­
cable to non-domestic gas appliances, and regulations 
should cover the installation, repair and maintenance 
of appliances by qualified technicians. Nor must it 
be forgotten that some small and medium-sized gas 
appliances such as kilns and ovens are frequently used 
in the home today for small-scale craft activities (metal-
working, firing of pottery) just as they are also used in 
schools for educational purposes. 
1.2. There are many other areas where vigorous 
action is called for at the same time, viz.: 
1.2.1. The installation, periodic testing and servicing 
of gas appliances, which means the drawing up of a set 
of provisions regarding the training and certification of 
technicians carrying out the installation and testing. 
1.2.2. The safety of gas supply infrastructures, 
especially terminals (branch pipes, riser pipelines) and 
their regular testing and maintenance. 
1.2.3. Safety measures in the event of leakages, in 
the form of audible warning signals, electronic cut-off 
devices and odour detectors. 2. Specific comments 
The Committee proposes the following amendments to 
the Directive: 
2.1. Harmonization of standards requires the coop­
eration and participation of the various parties con­
cerned. Involvement of manufacturers, authorities, 
workers, consumers and installers is therefore essential; 
this applies also to the inspection bodies that are 
entrusted with these tasks by the EC. 
2.2. The Commission should look into whether 
Article 1(1) should not stipulate a maximum tempera­
ture of 110 °C for appliances covered by CEN/TC 109. 
2.3. Add the words 'according to the manufacturer's 
instructions' after the words 'when regularly serviced' 
in the second indent of Article 1(4). 
2.4. Add at the end of the last paragraph of 
Article 11, after the words 'and report to the Member 
State concerned', the phrase 'which will apply sanctions 
under its own legislation'. 
2.5. The Commission should examine whether 
point 1.3.4.2 of Annex 1 should not be replaced by the 
following: 
'The construction of an appliance which is designed 
to be connected to a flue shall be such that in normal 
use the combustion products shall be discharged 
through the flue so as to present no danger to the 
user. 
The design of the appliance must also ensure that 
it continues to operate safely in abnormal draught 
conditions.' 
(!) OJ No C 42, 21. 2. 1989, p. 5. 2.6. With regard to point 1.3.4.3 of Annex 1, the 
Committee would like to see proposals making it com­
pulsory to use flues. 
31. 7. 89 Official Journal of the European Communities No C 194/19 
2.7. The following sentence should be added to point 
1.3.5 of Annex 1: 
'Whenever an appliance has a level of efficiency 
above the statutory minimum threshold, determined 
in accordance with the relevant standard (including 
the test method) and published in the Official 
journal of the European Communities, this shall be 
declared by the manufacturer.' 
2.8. The Commission should examine whether there 
is a case for amending point 1.3.6.3 of Annex 1 of the 
Directive so that it now reads as follows (new word 
underlined, deletions in brackets): 
'The surface temperatures of external parts of an 
appliance intended for domestic use, with the excep­
tion of surfaces or parts associated with the function 
of transmitting heat, shall under operating con­
ditions not (exceed values which) present a danger 
to the user and in particular to children (for whom 
an appropriate contact time has to be taken into 
account).' 
Done at Brussels, 31 May 1989. 
The Committee supports the general thrust of the pro­
posal subject to certain reservations. 
1. General comments 
1.1. The proposal aims at the eventual elimination 
of rabies from the Community. The proposal consists 
of two separate entities: 
(!) OJ No C 85, 6. 4. 1989. 2.9. Add the following to point 1.3.1 of Annex 2 after 
the words 'the essential requirements of the Directive': 
'The approval of materials and/or parts, attested 
beforehand by a certificate from a notified body, 
shall have binding effect.' 
2.10. It should be made clear in the Italian version 
that the organismo autorizzato referred to in point 2.2 
of Annex 2 is the same as the organismo notificato 
(does not apply to the English version which uses the 
term 'notified body'). 
2.11. In the view of the Committee the Commission 
must provide suitable guarantees to the effect that gas 
appliances imported from non-member countries may 
only be put on the market if they meet the safety 
standards laid down in this Directive. 
a) the facilitation of the movement of dogs and cats 
as a social measure; 
b) pilot schemes for the oral vaccination of foxes as 
an eradication measure. 
It is necessary to eliminate infection in foxes as they 
are the reservoir for rabies infection to other species in 
the Community. The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE 
Opinion on the proposal for a Council Regulation instituting a certificate for dogs and cats 
on visits of less than 1 year in the Member States and introducing Community measures to 
set up pilot projects for the control and eradication of rabies (*) 
(89/C 194/08) 
On 1 January 1989, the Council decided to consult the Economic and Social Committee, 
under Article 198 of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Agriculture and Fisheries, which was responsible for preparing the Com­
mittee's work on the subject, adopted its Opinion on 19 April 1989. The rapporteur was Mr 
Storie-Pugh. 
At its 266th plenary session (meeting of 31 May 1989), the Economic and Social Committee 
adopted the following Opinion unanimously.