2003/189/EC: Commission Decision of 18 March 2003 on the publication of the reference of standard EN 613:2000 "Independent gas-fired convection heaters" in accordance with Council Directive 90/396/EEC (Text with EEA relevance) (notified under document number C(2003) 710)
Date: 2003-03-18
Institutions: European Commission
Subjects: European standard, gas, gas appliance, heating, technical standard

L 74/26

EN

Official Journal of the European Union

20.3.2003

II

(Acts whose publication is not obligatory)

COMMISSION

COMMISSION DECISION

of 18 March 2003

on the publication of the reference of standard EN 613:2000 ‘Independent gas-fired convection
heaters’ in accordance with Council Directive 90/396/EEC

(notified under document number C(2003) 710)

(Text with EEA relevance)

(2003/189/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to 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 (1), as amended by
Directive 93/68/EEC (2), and in particular Article 6(1) thereof,

Having regard to the opinion of the Standing Committee set up
in accordance with Article 5 of Directive 98/34/EC of the
European Parliament and of the Council of 22 June 1998
laying down a procedure for the provision of information in
the field of technical standards and regulations and of rules on
Information Society Services (3), as amended by Directive 98/
48/EC (4),

Whereas:

(1)

(2)

Article 2 of Directive 90/396/EEC stipulates that gas
appliances may be placed on the market and put into
they do not
service only if, when normally used,
compromise the safety of persons, domestic animals and
property.

Under Article 5 of Directive 90/396/EEC, gas appliances
are presumed to comply with the essential requirements
referred to in Article 3 of that Directive if they conform
to the national standards applicable to them transposing
the harmonised standards the reference numbers of
which have been published in the Official Journal of the
European Union.

(1) OJ L 196, 26.7.1990, p. 15.
(2) OJ L 220, 30.8.1993, p. 1.
(3) OJ L 204, 21.7.1998, p. 37.
(4) OJ L 217, 5.8.1998, p. 18.

(3)

(4)

(5)

Member States are required to publish the reference
numbers of national standards transposing harmonised
standards the reference numbers of which have been
published in the Official Journal of the European Union.

The United Kingdom raised a formal objection in respect
of harmonised standard EN 613:2000 ‘Independent gas-
fired convection heaters’, adopted by the European
Committee for Standardisation (CEN) on 13 July 2000,
the reference number of which was published in the
Official Journal of the European Communities on 18 July
2001 (5), on the grounds that it does not fully satisfy the
essential requirements of Directive 90/396/EEC, espe-
cially those under points 2.1 and 3.2.2 of Annex I,
thereto, because the design requirements for decorative
glass-fronted fires are not sufficient to ensure a high level
of safety. The United Kingdom is particularly concerned
that,
in case of such products, a dangerous situation
could arise should a build up of gas occur, because the
accumulated unburned gas could then ignite, causing
serious injury.

On the basis of the information received in the frame-
work of the consultation of the national authorities, of
CEN and of the Committee set up by Directive 98/34/
EC, no evidence was found to substantiate the risk of gas
accumulation or gas explosion. Consequently, it has not
been demonstrated that harmonised standard EN
613:2000 fails to meet the essential requirements of
Directive 90/396/EEC,

(5) OJ C 202, 18.7.2001, p. 5.

20.3.2003

EN

Official Journal of the European Union

L 74/27

HAS ADOPTED THIS DECISION:

Article 2

Article 1

This Decision is addressed to the Member States.

The reference of standard EN 613:2000 ‘Independent gas-fired
convection heaters’, adopted by the European Committee For
Standardisation (CEN) on 13 July 2000 and published for the
first time in the Official Journal of the European Communities of
18 July 2001, shall not be withdrawn from the list of standards
published in the Official Journal of the European Union. The stan-
dard shall therefore continue to confer the presumption of
conformity to the relevant provisions of Directive 90/396/EEC.

Done at Brussels, 18 March 2003.

For the Commission

Erkki LIIKANEN

Member of the Commission