CELEX: 51990FC0396
Language: en
Date: 2007-01-31
Title: Proposal for a Directive …/…/EC of the European Parliament and of the Council of […] relating to appliances burning gaseous fuels (codified version)

EN

|[pic]                     |COMMISSION OF THE EUROPEAN COMMUNITIES                                                                           |

                                        Brussels,
                                        COM (2006)

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

                                                   relating to appliances burning gaseous fuels

                                                                (Codified version)

                                                              EXPLANATORY MEMORANDUM

1.    In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make  it
       clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the  specific  rights
       it gives him.

       This aim cannot be achieved so long as numerous provisions that have  been  amended  several  times,  often  quite  substantially,  remain
       scattered, so that they must be sought partly in the original instrument and partly in later amending ones.  Considerable  research  work,
       comparing many different instruments, is thus needed to identify the current rules.

       For this reason a codification of rules that have frequently been amended  is  also  essential  if  Community  law  is  to  be  clear  and
       transparent.

2.    On 1 April 1987 the Commission therefore decided[1] to instruct its staff that all legislative acts should be codified after no  more  than
       ten amendments, stressing that this is a minimum requirement and that departments should endeavour to codify at even shorter intervals the
       texts for which they are responsible, to ensure that the Community rules are clear and readily understandable.

3.    The Conclusions of the Presidency of the Edinburgh  European  Council  (December 1992)  confirmed  this[2],  stressing  the  importance  of
       codification as it offers certainty as to the law applicable to a given matter at a given time.

       Codification must be undertaken in full compliance with the normal Community legislative procedure.

       Given that no changes of substance may be made to the instruments affected by codification, the European Parliament, the Council  and  the
       Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-
       track adoption of codification instruments.

4.    The purpose of this proposal is to undertake a codification of 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[3]. The new Directive will supersede the various acts  incorporated
       in it[4]; this proposal fully preserves the content of the acts being codified and hence does no more than bring them together  with  only
       such formal amendments as are required by the codification exercise itself.

5.    The codification proposal was drawn up on the basis of a preliminary consolidation, in all official languages, of Directive 90/396/EEC  and
       the instrument amending it, carried out by the Office for Official Publications of the European Communities, by means of a data-processing
       system. Where the Articles have been given new numbers, the correlation between the old and the new numbers is shown in a table  contained
       in Annex VII to the codified Directive.

                                            ê 90/396/EEC (adapted)

                                                                  Proposal for a

                                          DIRECTIVE …/…/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

                                                                      of […]

                                                   relating to appliances burning gaseous fuels

                                                            (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission[5],

Having regard to the opinion of the European Economic and Social Committee[6],

Acting in accordance with the procedure laid down in Article 251 of the Treaty[7],

Whereas:

                                            ê 

   1) 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[8] has been substantially amended[9]. In the interests of clarity and rationality the said Directive should be codified.

                                            ê 90/396/EEC Recital 1

   2) Member States are responsible for ensuring the health and safety on their territory of their people and,  where  appropriate,  of  domestic
      animals and goods in relation to the hazards arising out of the use of appliances burning gaseous fuels.

                                            ê 90/396/EEC Recital 2

   3) In certain Member States, mandatory provisions define in particular the safety level  required  of  appliances  burning  gaseous  fuels  by
      specifying design, operating characteristics and inspection procedures. These mandatory provisions do not  necessarily  lead  to  different
      safety levels from one Member State to another but do, by their disparity, hinder trade within the Community.

                                            ê 90/396/EEC Recital 3

   4) Different conditions as regards types of gas and supply pressures are in force in the Member States. These conditions  are  not  harmonized
      because each Member State's energy supply and distribution situation is peculiar to it.

                                            ê 90/396/EEC Recital 5 (adapted)

   5) Community law provides - by way of derogation from one of the fundamental rules of the Community, namely the free movement of goods -  that
      obstacles to movement within the Community resulting from disparities in national legislation relating to the marketing of products must be
      accepted in so far as such obstacles can be recognized as being necessary to satisfy mandatory requirements. Therefore,  the  harmonization
      of legislation in the present case Ö should Õ be limited  to  the  provisions  necessary  to  satisfy  both  the  mandatory  and  essential
      requirements regarding safety, health and energy conservation in relation to gas appliances.  These  requirements  Ö should Õ  replace  the
      national provisions in this matter because they are essential requirements.

                                            ê 90/396/EEC Recital 6

   6) The maintenance or improvement of the level of safety attained in Member States constitutes one of the essential aims of this Directive and
      of safety as defined by the essential requirements.

                                            ê 90/396/EEC Recital 7 (adapted)

   7) The essential safety and health requirements Ö should Õ be observed in order to ensure that appliances  burning  gaseous  fuels  are  safe.
      Energy conservation is considered essential. These requirements Ö should Õ be applied with discernment to take account of the state of  the
      art at the time of construction.

                                            ê 90/396/EEC Recital 8 (adapted)

    1. This Directive therefore Ö should Õ only Ö contain Õ essential  requirements.  To  facilitate  proof  of  conformity  with  the  essential
       requirements, it is necessary to have harmonized standards at Ö Community Õ level in particular as  to  the  construction,  operation  and
       installation of appliances burning gaseous fuels so that products complying  with  them  may  be  assumed  to  conform  to  the  essential
       requirements. These standards, harmonized at Ö Community Õ level, are drawn up by private bodies and must remain non-mandatory texts.  For
       that purpose the European Committee for Standardization (CEN), the European Committee for Electrotechnical Standardization  (Cenelec)  and
       Ö the European Telecommunications Standards Institute (ETSI) Õ are recognized as the competent  bodies  for  the  adoption  of  harmonized
       standards in accordance with the general guidelines for cooperation between the Commission, Ö the European  Free-Trade  Association Õ  and
       those Ö three Õ bodies signed on 28 March 2003.

                                            ê 90/396/EEC Recital 10

   8) A check on compliance with the relevant technical requirements is necessary in order to provide effective protection for  users  and  third
      parties. The existing certification procedures differ from one Member State to another. In order to avoid multiple inspections,  which  are
      in effect barriers to the free movement of appliances burning gaseous fuels, arrangements should be made  for  the  mutual  recognition  of
      certification procedures by the Member States. In order to facilitate mutual recognition of certification procedures, harmonized  Community
      procedures should be set up and the criteria for appointing the bodies responsible for carrying out these procedures should be harmonized.

                                            ê 90/396/EEC Recital 11 (adapted)

   9) The Member States' responsibility on their territory for safety, health and energy  conservation  covered  by  the  essential  requirements
      Ö should Õ be recognized in a safeguard clause providing for an adequate Community procedure.

                                            ê 90/396/EEC Recital 12 (adapted)

  10) The addressees of any decision taken under this Directive Ö should Õ be informed of the reasons for such a decision and the legal  remedies
      available to them.

                                            ê 

  11) This Directive should be without prejudice to the obligations of the Member States relating  to  the  time-limits  for  transposition  into
      national law and application of the Directives in Annex VI, Part B,

                                            ê 90/396/EEC

HAVE ADOPTED THIS DIRECTIVE:

                                                                    CHAPTER I

                                                  Scope, placing on the market and free movement

                                                                    Article 1

1. This Directive shall apply to:

(a)   appliances burning gaseous fuels used for cooking, heating, hot water production, refrigeration, lighting  or  washing  and  having,  where
       applicable, a normal water temperature not exceeding 105 °C, hereinafter referred to as «appliances». Forced draught burners  and  heating
       bodies to be equipped with such burners will also be considered as appliances;

(b)   safety devices, controlling devices or regulating devices and sub-assemblies, other than forced draught burners and heating  bodies  to  be
       equipped with such burners separately marketed for trade use and designed to be incorporated into an appliance  burning  gaseous  fuel  or
       assembled to constitute such an appliance, hereinafter referred to as «fittings».

2. Appliances specifically designed for use in industrial processes carried out on industrial premises are excluded from  the  scope  defined  in
paragraph 1.

3. For the purposes of this Directive, «gaseous fuel» means any fuel which is in a gaseous state at a temperature of 15 °C under a pressure of  1
bar.

                                            ê 90/396/EC Recital 8, last sentence (adapted)

4. For the purposes of this Directive, a harmonized standard is a technical specification (European standard or harmonization  document)  adopted
by Ö the European Committee for Standardization (CEN), the European Committee for  Electrotechnical  Standardization  (Cenelec) or  the  European
Telecommunications Standards Institute (ETSI) or by two of these organizations  Õ upon a remit from the Commission in accordance  with  Directive
98/34/EC of the European Parliament and of the  Council  of  21  July  1998[10],  and  the  general  guidelines  Ö for  cooperation  between  the
Commission, the European Free-Trade Association  and those three  bodies signed on 28 March 2003 Õ .

                                            ê 90/396/EC

5. For the purposes of this Directive, an appliance is said to be «normally used» when it is:

(a)   correctly installed and regularly serviced in accordance with the manufacturer's instructions;

(b)   used with a normal variation in the gas quality and a normal fluctuation in the supply pressure, and

(c)   used in accordance with its intended purpose or in a way which can be reasonably foreseen.

                                                                    Article 2

1. Member States shall take all necessary steps to ensure that the appliances referred to in Article 1 may be placed on the market and  put  into
service only if, when normally used, they do not compromise the safety of persons, domestic animals and property.

                                            ê 90/396/CE (adapted)

2. Member States shall communicate the types of gas and corresponding supply pressures used on their territory to the  other  Member  States  and
the Commission before 1 January 1991. They shall also communicate all changes in good time. The Commission shall ensure that this information  is
published in the Official Journal of the European Union.

                                            ê 90/396/EEC

                                                                    Article 3

Appliances and fittings as referred to in Article 1 shall satisfy the essential requirements applicable to them set out in Annex I.

                                                                    Article 4

                                            ê 93/68/EEC Art. 10 pt. 2 (adapted)

1. Member States may not prohibit, restrict or impede the placing on the market and the putting into service  of  appliances  which  comply  with
this Directive, and which bear the CE marking provided for in Article 10.

                                            ê 90/396/EEC (adapted)

2. Member States may not prohibit, restrict or impede the placing on the market of fittings accompanied  by  a  certificate  as  referred  to  in
Article 8(4).

                                                                    Article 5

1. Member States shall presume compliance with the essential requirements Ö set out Õ in  Ö Annex  I Õ  of  appliances  and  fittings  when  they
conform to:

                                            ê 90/396/CE

(a)   the national standards applicable to them implementing the harmonized  standards  whose  reference  numbers  have  been  published  in  the
       Official Journal of the European Union. Member States shall publish the reference numbers of these national standards.

                                            ê 90/396/CE (adapted)

(b)   the national standards applicable to them in so far as, in the areas covered by such standards, no harmonized standards exist.

2. Member States Ö shall publish the reference numbers of the national standards referred to in paragraph 1(a). They Õ shall communicate  to  the
Commission the texts of their national standards referred to in paragraph 1(b) which they regard as complying  with  the  essential  requirements
Ö set out Õ in Ö Annex I Õ.

The Commission shall forward these national standards to the other Member States. In accordance with the procedure provided for in Article  6(2),
it shall notify the Member States of those national standards which are presumed to conform with the essential requirements Ö set  out Õ  Ö Annex
I Õ.

                                                                    Article 6

1. Where a Member State or the Commission considers that the  standards  referred  to  in  Article  5(1)  do  not  entirely  meet  the  essential
requirements Ö set out Õ in Ö Annex I Õ, the Commission or the Member State concerned shall bring the matter before the  standing  committee  set
up under Directive 98/34/EC, hereinafter referred to as «the committee», giving the reasons therefore.

                                            ê 90/396/CE

The committee shall deliver an opinion without delay.

In the light of the committee's opinion, the Commission shall inform the Member  States  whether  or  not  it  is  necessary  to  withdraw  those
standards from the publications referred to in Article 5 (2).

                                            ê 90/396/CE (adapted)

2. After receipt of the communication referred to in Ö the first subparagraph of Õ Article 5(2), the Commission shall consult the committee.

                                            ê 90/396/CE
                                            è1 93/68/EEC Art. 10 pt. 1

Upon receipt of the latter's opinion, the Commission shall, within one month, inform the Member States whether or not  the  national  standard(s)
in question are to enjoy the presumption of conformity;.If they are, the Member States shall publish the reference numbers of those standards.

The Commission shall also publish them in the Official Journal of the European Union.

                                                                    Article 7

1. Where a Member State finds that normally used appliances bearing the è1 CE marking ç might compromise the safety of persons, domestic  animals
or property, it shall take all appropriate measures to withdraw those appliances from the market and prohibit or restrict their being  placed  on
the market.

The Member State concerned shall immediately inform the Commission of any  such  measure,  indicating  the  reasons  for  its  decision  and,  in
particular, whether non-compliance is due to:

                                            ê 90/396/EEC (adapted)

(a)   failure to meet the essential requirements Ö set out Õ in Ö Annex I Õ, where the appliance does not correspond to  the  standards  referred
       to in Article 5(1);

                                            ê 90/396/EEC

 (b)  incorrect application of the standards referred to in Article 5(1);

(c)   shortcomings in the standards referred to in Article 5(1) themselves.

2. The Commission shall enter into consultation with the parties concerned as soon as possible. Where, after such  consultation,  the  Commission
finds that any measure as referred to in paragraph 1 is justified, it shall immediately so inform the Member State that took the measure and  the
other Member States.

Where the decision referred to in paragraph 1 is attributed to shortcomings in the  standards,  the  Commission,  after  consulting  the  parties
concerned, shall bring the matter before the committee within two months if the Member State which has taken the  measures  intends  to  maintain
them, and shall initiate the procedures referred to in Article 6.

                                            ê 90/396/CE (adapted)
                                            è1 93/68/EEC Art.10 pt.1

3. Where an appliance which does not comply bears the è1 CE  marking ç,  the  competent  Member  State  shall  take  appropriate  action  against
whomsoever has affixed the Ö CE marking Õ and shall inform the Commission and the other Member States thereof.

                                            ê 90/396/CE

4. The Commission shall ensure that the Member States are kept informed of the progress and outcome of the procedures.

                                                                    CHAPTER II

                                                       Means of certification of conformity

                                                                    Article 8

1. The means of certification of conformity of series-manufactured appliances shall be:

 (a)  the EC type-examination as referred to in point 1 of Annex II, and

(b)   prior to their being placed on the market, at the choice of the manufacturer:

       (i)  the EC declaration of conformity to type referred to in point 2 of Annex II, or

       (ii) the EC declaration of conformity to type (guarantee of production quality) referred to in point 3 of Annex II, or

       (iii)      the EC declaration of conformity to type (guarantee of product quality) referred to in point 4 of Annex II, or

       (iv) EC verification as referred to in point 5 of Annex II.

                                            ê 90/396/EEC
                                            è1 93/68/EEC Art. 10 pt. 1

2. In the case of production of an appliance as a single unit or in small quantities, EC verification by single unit, as referred to in  point  6
of Annex II, may be chosen by the manufacturer.

3. After completion of the procedures referred to in paragraphs 1(b) and 2, the è1 CE marking ç of conformity  shall  be  affixed  to  conforming
appliances in accordance with Article 10.

                                            ê 90/396/EEC (adapted)
                                            è1 93/68/EEC Art. 10 pt. 1

4. The Ö means of certification of conformity Õ referred to in paragraph 1 shall be applied in respect of fittings  with  the  exception  of  the
affixing of the è1 CE marking ç of conformity and, where appropriate, the drawing-up of the declaration of conformity.

A certificate shall be issued declaring the conformity of the fittings with the provisions of this Directive and  stating  their  characteristics
and how they must be incorporated into an appliance or assembled to assist compliance with the  essential  requirements  applicable  to  finished
appliances Ö set out in Annex I Õ.

                                            ê 90/396/EEC

The certificate shall be supplied with the fitting.

                                            ê 93/68/EEC Art.10 pt.3 (adapted)

5. Where the appliances are covered by other Directives dealing with other aspects and specifying the affixing of  the  CE  marking,  the  latter
shall indicate that the appliances are also presumed to conform to the provisions of those Directives.

                                            ê 93/68/EEC Art. 10 pt. 3

However, where one or more of these 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 Directives applied by the manufacturer. In this  case,  particulars  of  the
Directives applied, as published in the Official Journal of the European Union, must be given in the documents, notices or instructions  required
by the Directives and accompanying such devices.

                                            ê 90/396/EEC

6. Records and correspondence relating to the means of certification of conformity shall be drawn up in the official language(s)  of  the  Member
State where the body responsible for carrying out these procedures is established or in a language accepted by it.

                                                                    Article 9

                                            ê 93/68/EEC Art.10 pt.4

1. Member States shall notify the Commission and the other Member States of the bodies, which they have appointed to  carry  out  the  procedures
referred to in Article 8 together with the specific tasks which these bodies have been appointed to carry  out  and  the  identification  numbers
assigned to them beforehand by the Commission.

                                            ê 93/68/EEC Art.10 pt.4 (adapted)

The Commission shall, for information, publish in the Official Journal of the European Union, a list of Ö those Õ bodies, and the  identification
numbers it has assigned to them and shall ensure that the list is kept up to date.

                                            ê 90/396/EEC

2. Member States shall apply the criteria set out in Annex V for assessing the bodies to be notified.

Bodies which satisfy the assessment criteria laid down in the applicable harmonized standards shall be presumed to satisfy the criteria  set  out
in that Annex.

                                            ê 90/396/EEC (adapted)

3. A Member State which has notified a body must withdraw approval if it finds that the body no longer meets the criteria Ö set out Õ in  Ö Annex
V Õ. It shall immediately inform the Commission and the other Member States accordingly.

                                            ê 90/396/EEC
                                            è1 93/68/EEC Art.10 pt.1

                                                                   CHAPTER III

                                                          è1 CE marking ç of conformity

                                                                    Article 10

1. The è1 CE marking ç of conformity and the inscriptions set out in Annex III shall be affixed in a visible, easily legible and  indelible  form
to the appliance or to a data plate attached to it. The data plate shall be so designed that it cannot be re-used.

                                            ê 93/68/EEC Art.10 pt.5

2. The affixing of markings on the appliances which are likely to deceive third parties as to the meaning and form of the  CE  marking  shall  be
prohibited. Any other marking may be affixed to the appliance or to the data plate provided that the visibility and legibility of the CE  marking
is not hereby reduced.

                                            ê 93/68/EEC Art.10 pt.6 (adapted)

                                                                    Article 11

Without prejudice to Article 7:

(a)   where a Member State establishes that the  CE  marking  has  been  affixed  unduly,  the  manufacturer  or  his  authorized  representative
       established within the Community shall be obliged to make the Ö appliance Õ comply as regards the provisions concerning the CE marking and
       to end the infringement under conditions imposed by Ö that Õ Member State;

                                            ê 93/68/EEC Art.10 pt. 6

(b)   where non-compliance continues, the Member State must take all appropriate measures to restrict or prohibit the placing on  the  market  of
       the appliance in question or to ensure that it is withdrawn from the market in accordance with the procedures laid down in Article 7.

                                            ê 90/396/EEC

                                                                    CHAPTER IV

                                                                 Final provisions

                                                                    Article 12

Any decision taken pursuant to this Directive which includes restriction on the  placing  on  the  market  and/or  putting  into  service  of  an
appliance shall state the precise grounds on which it is based. It shall be notified without delay to the party concerned, who shall at the  same
time be informed of the legal remedies available to him under the laws in force in the Member State in question and of the time limits  to  which
such remedies are subject.

                                            ê 90/396/EEC

                                                                    Article 13

                                            ê 90/396/CE

Member States shall communicate to the Commission the texts of the provisions of national law which they adopt  in  the  field  covered  by  this
Directive.

                                            ê 

                                                                    Article 14

Directive 90/396/EEC, as amended by the Directive listed in Annex VI, Part A, is repealed, without prejudice to the  obligations  of  the  Member
States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VI, Part B.

References to the repealed Directive shall be construed as references to this Directive and shall be read  in  accordance  with  the  correlation
table in Annex VII.

                                                                    Article 15

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

                                            ê 90/396/EEC

                                                                    Article 16

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament  For the Council
The President    The President
[…]   […]

                                            ê 90/396/EEC

                                                                     ANNEX I

                                                              ESSENTIAL REQUIREMENTS

       Preliminary remark

       The obligations resulting from the essential requirements for appliances in this Annex also apply to fittings where the corresponding risk
       exists.

1.    GENERAL CONDITIONS

1.1.  Appliances must be so designed and built as to operate safely and present no danger to persons, domestic animals or property when  normally
       used as defined in Article 1(4) of this Directive.

1.2.  When placed on the market, all appliances must:

         – be accompanied by technical instructions intended for the installer,

         – be accompanied by instructions for use and servicing, intended for the user,

         – bear appropriate warning notices, which must also appear on the packaging.

       The instructions and warning notices must be in the official language or languages of the Member States of destination.

1.2.1.      The technical instructions intended for the installer must contain all the instructions for installation,  adjustment  and  servicing
       required to ensure that those operations are correctly  performed  and  that  the  appliance  may  be  used  safely.  In  particular,  the
       instructions must specify:

         – the type of gas used,

         – the gas supply pressure used,

         – the flow of fresh air required:

              – for the combustion air supply,

              – to avoid the formation of dangerous unburned gas mixtures for appliances not fitted with the device referred to in point 3.2.3,

         – the conditions for the dispersal of combustion products,

         – for forced draught burners and heating bodies intended to be equipped with such burners, their characteristics, the requirements  for
           assembly, to assist compliance with the essential requirements applicable to finished appliances and, where appropriate, the list  of
           combinations recommended by the manufacturer.

1.2.2.      The instructions for use and servicing intended for the user must contain all the information required for  safe  use,  and  must  in
       particular draw the user's attention to any restrictions on use.

1.2.3.      The warning notices on the appliance and its packaging must clearly state the type of gas used,  the  gas  supply  pressure  and  any
       restrictions on use, in particular the restriction whereby the appliance must be  installed  only  in  areas  where  there  is  sufficient
       ventilation.

1.3.  Fittings intended to be part of an appliance must be so designed and built as to fulfil correctly their intended purpose when  incorporated
       in accordance with the instructions for installation.

       The instructions for installation, adjustment, operation and maintenance must be provided with the fittings concerned.

2.    MATERIALS

2.1.  Materials must be appropriate for their intended purpose and must withstand the technical, chemical and thermal conditions  to  which  they
       will foreseeably be subjected.

2.2.  The properties of materials that are important for safety must be guaranteed by the manufacturer or the supplier of the appliance.

3.    DESIGN AND CONSTRUCTION

3.1.  General

3.1.1.      Appliances must be so constructed that, when used normally, no instability, distortion, breakage  or  wear  likely  to  impair  their
       safety can occur.

3.1.2.      Condensation produced at the start-up and/or during use must not affect the safety of appliances.

3.1.3.      Appliances must be so designed and constructed as to minimize the risk of explosion in the event of a fire of external origin.

3.1.4.      Appliances must be so constructed that water and inappropriate air penetration into the gas circuit does not occur.

3.1.5.      In the event of a normal fluctuation of auxiliary energy, appliances must continue to operate safely.

3.1.6.      Abnormal fluctuation or failure of auxiliary energy or its restoration must not lead to an unsafe situation.

3.1.7.      Appliances must be so designed and constructed as to obviate hazards  of  electrical  origin.  In  the  area  in  which  it  applies,
       compliance with the safety objectives in respect of electrical hazards laid down in Council Directive 73/23/EEC[11] shall be equivalent to
       fulfilment of this requirement.

3.1.8.      All pressurized parts of an appliance must withstand the mechanical and thermal stresses to which  they  are  subjected  without  any
       deformation affecting safety.

3.1.9.      Appliances must be so designed and constructed that failure of a safety, controlling or regulating device may not lead to  an  unsafe
       situation.

3.1.10.     If an appliance is equipped with safety and controlling devices, the functioning of the safety devices must not be overruled by  that
       of the controlling devices.

3.1.11.     All parts of appliances which are set or adjusted at the stage of manufacture and which should not be manipulated by the user or  the
       installer must be appropriately protected.

3.1.12.     Levers and other controlling and setting devices must be clearly marked and give appropriate instructions so as to prevent any  error
       in handling. Their design must be such as to preclude accidental manipulation.

3.2.  Unburned gas release

3.2.1.      Appliances must be so constructed that the gas leakage rate is not dangerous.

3.2.2.      Appliances must be so constructed that gas release during ignition and re-ignition and after flame extinction is limited in order  to
       avoid a dangerous accumulation of unburned gas in the appliance.

3.2.3.      Appliances intended to be used in indoor spaces and rooms must be fitted with a special device which avoids a dangerous  accumulation
       of unburned gas in such spaces or rooms.

       Appliances which are not fitted with such devices must be used only in areas where there is sufficient ventilation to  avoid  a  dangerous
       accumulation of unburned gas.

       Member States may define on their territory adequate space ventilation conditions for the installation of such appliances, bearing in mind
       the features peculiar to them.

       Large-scale kitchen appliances and appliances powered by gas containing toxic components must be equipped with the aforesaid device.

3.3.  Ignition

       Appliances must be so constructed that, when used normally:

         – ignition and re-ignition is smooth,

         – cross-lighting is assured.

3.4.  Combustion

3.4.1.      Appliances must be so constructed that, when used normally, flame stability  is  assured  and  combustion  products  do  not  contain
       unacceptable concentrations of substances harmful to health.

3.4.2.      Appliances must be so constructed that, when used normally, there will be no accidental release of combustion products.

3.4.3.      Appliances connected to a flue for the dispersal of combustion products must be so constructed that in  abnormal  draught  conditions
       there is no release of combustion products in a dangerous quantity into the room concerned.

3.4.4.      Independent flueless domestic heating appliances and flueless instantaneous water heaters must  not  cause,  in  the  room  or  space
       concerned, a carbon monoxide concentration likely to present a danger to the health of persons exposed, bearing in  mind  the  foreseeable
       duration of their exposure.

3.5.  Rational use of energy

       Appliances must be so constructed as to ensure rational use of energy, reflecting the state of the art  and  taking  into  account  safety
       aspects.

3.6.  Temperatures

3.6.1.      Parts of appliances which are intended to be placed in close proximity to the floor or other surfaces  must  not  reach  temperatures
       which present a danger in the surrounding area.

3.6.2.      The surface temperature of knobs and levers of appliances intended to be manipulated must not present a danger to the user.

3.6.3.      The surface temperatures of external parts of appliances intended for domestic use, with the exception of  surfaces  or  parts  which
       are associated with the transmission of heat, must not under operating conditions present a danger  to  the  user  and  in  particular  to
       children, for whom an appropriate reaction time must be taken into account.

3.7.  Foodstuffs and water used for sanitary purposes

       Without prejudice to the Community rules in this area, materials and components used in the construction of an appliance, which  may  come
       into contact with food or water used for sanitary purposes, must not impair their quality.

                                                                 _______________

                                            ê 90/396/EEC
                                            è1 93/68/EEC Art.10 pt.7

                                                                     ANNEX II

                                                    PROCEDURE FOR CERTIFICATION OF CONFORMITY

1.    EC TYPE-EXAMINATION

1.1.  The EC type-examination is that part of the procedure by which a notified body checks and certifies that an  appliance,  representative  of
       the production envisaged, meets the provisions of this Directive which apply to it.

1.2.  The application for type-examination must be lodged by the manufacturer or his authorized representative established within  the  Community
       with a single notified body.

1.2.1.      The application must include:

         – the name and address of the manufacturer and, if the application is lodged by the authorized representative, his name and address,

         – a written declaration that the application has not been lodged with any other notified body,

         – the design documentation, as described in Annex IV.

1.2.2.      The manufacturer must place at the disposal  of  the  notified  body  an  appliance,  representative  of  the  production  envisaged,
       hereinafter called «type». The notified body may request further samples of the type if needed for the test programme.

       The type may additionally cover variants of the product provided that those variants do not have different characteristics with respect to
       types of risk.

1.3.  The notified body must:

1.3.1.      examine the design documentation and verify that the type has been manufactured in  conformity  with  the  design  documentation  and
       identify the elements which have been designed in accordance with the applicable provisions of the standards referred to in Article 5  and
       the essential requirements of this Directive;

1.3.2.      perform, or have performed, the appropriate examinations and/or tests to check whether the  solutions  adopted  by  the  manufacturer
       meet the essential requirements where the standards referred to in Article 5 have not been applied;

1.3.3.      perform, or have performed, the appropriate examinations and/or tests to check whether  the  applicable  standards  have  effectively
       been applied where the manufacturer has chosen to do so, thereby assuring conformity with the essential requirements.

1.4.  Where the type satisfies the provisions of this Directive, the  notified  body  must  issue  an  EC  type-examination  certificate  to  the
       applicant. The certificate must contain the conclusions of the examination, the conditions, if any, for its  validity  and  the  necessary
       data for identification of the approved type and, if relevant, descriptions of  its  functioning.  Relevant  technical  elements  such  as
       drawings and diagrams must be annexed to the certificate.

1.5.  The notified body must inform the other notified bodies forthwith of the issuing of the EC type-examination certificate and  any  additions
       to the said type as referred to in point 1.7. They may obtain a copy of the EC type-examination certificate and/or its additions and on  a
       reasoned request may obtain a copy of the Annexes to the certificate and the reports on the examinations and tests carried out.

1.6.  A notified body which refuses to issue or withdraws an EC type-examination certificate must inform the Member State which notified  it  and
       the other notified bodies accordingly, giving the reasons for its decision.

1.7.  The applicant must keep the notified body that has issued the  EC  type-examination  certificate  informed  of  all  modifications  to  the
       approved type which might affect conformity with the essential requirements.

       Modifications to the approved type must receive additional approval from the notified body that issued the EC type-examination certificate
       where such changes affect conformity with the essential requirements  or  the  prescribed  conditions  for  use  of  the  appliance.  This
       additional approval is to be given in the form of an addition to the original EC type-examination certificate.

2.    EC DECLARATION OF CONFORMITY TO TYPE

2.1.  The EC declaration of conformity to type is that part of the procedure whereby the manufacturer declares that the appliances concerned  are
       in conformity with the type as described in the EC type-examination certificate and satisfy the essential requirements of  this  Directive
       which apply to them. è1 The manufacturer or his authorized representative established within the Community shall affix the CE  marking  on
       each appliance and draw up a written certificate of conformity. ç The declaration of conformity may cover one or more appliances and  must
       be kept by the manufacturer. è1 The CE marking must be followed by the identification number of the  notified  body  responsible  for  the
       random checks set out in point 2.3. ç

2.2.  The manufacturer must take all necessary measures to ensure  that  the  manufacturing  process,  including  final  product  inspection  and
       testing, results in homogeneity of production and conformity of the appliances with the type  as  described  in  the  EC  type-examination
       certificate and with the requirements of this Directive which apply to them. A notified body, chosen by the manufacturer, must  carry  out
       random checks on the appliances as set out in point 2.3.

2.3.  On-site checks of appliances must be undertaken at random by the notified body at intervals of one year or  less.  An  adequate  number  of
       appliances must be examined and appropriate tests as set out in the applicable standards referred to in Article 5 or equivalent tests must
       be carried out in order to ensure conformity with the corresponding essential requirements of this Directive. The notified body  shall  in
       each case determine whether these tests need to be carried out in full or in part. Where one or more appliances are rejected, the notified
       body shall take the appropriate measures to prevent the marketing thereof.

3.    EC DECLARATION OF CONFORMITY TO TYPE (guarantee of production quality)

3.1.  The EC declaration of conformity to type (guarantee of production quality)  is  the  procedure  whereby  a  manufacturer  who  fulfils  the
       obligations in point 3.2 declares that the appliances concerned are in conformity with the type as described in  the  EC  type-examination
       certificate and satisfy the essential requirements of this Directive  which  applies  to  them.  è1 The  manufacturer  or  his  authorized
       representative established within the Community must affix the CE marking  to  each  appliance  and  draw  up  a  written  declaration  of
       conformity. ç This declaration may cover one or more appliances and must be kept by the manufacturer. è1 The CE marking must  be  followed
       by the identification number of the notified body responsible for EC surveillance. ç

3.2.  The manufacturer shall apply a quality system that ensures conformity of the appliances  with  the  type  as  described  in  the  EC  type-
       examination certificate and with the essential requirements of this Directive which apply to them.  The  manufacturer  is  subject  to  EC
       surveillance as specified in point 3.4.

3.3.  Quality system

3.3.1.      The manufacturer must lodge an application for approval of his quality system with a notified body of his choice for  the  appliances
       in question.

       The application must include:

         – the quality system documentation,

         – an undertaking to carry out the obligations arising from the quality system as approved,

         – an undertaking to maintain the approved quality system to ensure its continuing suitability and effectiveness,

         – documentation relating to the approved type and a copy of the EC type-examination certificate.

3.3.2.      All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and  logical  manner  in
       the form of measures, procedures and written instructions. This quality system documentation must permit a uniform interpretation  of  the
       quality programmes, plans, manuals and records. It shall contain, in particular, an adequate description of:

         – the quality objectives, the organizational structure and responsibilities of management and of their powers with regard to  appliance
           quality,

         – the manufacturing processes, quality control and quality assurance techniques and systematic actions that will be used,

         – the examinations and tests that will be carried out before, during and after manufacture and the frequency with which  they  will  be
           carried out,

         – the method of monitoring attainment of the required appliance quality and the effective operation of the quality system.

3.3.3.      The notified body shall examine and evaluate the quality system to determine whether it satisfies the  requirements  referred  to  in
       point 3.3.2. It will presume conformity with these requirements in respect of quality systems that implement the corresponding  harmonized
       standard.

       It must notify its decision to the manufacturer and inform the other notified bodies thereof. The notification to  the  manufacturer  must
       contain the conclusions of the examination, the name and address of the notified body and the reasoned assessment decision in  respect  of
       the appliances concerned.

3.3.4.      The manufacturer must keep the notified body that has approved the quality system informed of any updating of the quality  system  in
       relation to changes brought about by, for example, new technologies and quality concepts.

       The notified body must examine the proposed modifications and decide whether the  modified  quality  system  complies  with  the  relevant
       provisions or whether reappraisal is necessary. It must notify the manufacturer  of  its  decision.  The  notification  must  include  the
       conclusions of the inspection and the reasoned assessment decision.

3.3.5.      A notified body that withdraws approval of a quality system must so inform the other notified bodies,  giving  the  reasons  for  the
       decision.

3.4.  EC surveillance

3.4.1.      The purpose of EC surveillance is to ensure that the manufacturer duly fulfils the obligations arising out of  the  approved  quality
       system.

3.4.2.      The manufacturer must allow the notified body access for inspection purposes to the place of  manufacture,  inspection,  testing  and
       storage and must provide it with all necessary information, in particular:

         – the quality system documentation,

         – the quality records, such as inspection reports and test data, calibration data, reports on qualifications of  the  staff  concerned,
           etc.

3.4.3.      The notified body must carry out a check at least once every two years to ensure that the manufacturer is  maintaining  and  applying
       the approved quality system and must supply a report of the check to the manufacturer.

3.4.4.      Furthermore, the notified body may make unannounced visits to the manufacturer. During these visits, the notified body may carry  out
       tests on appliances or have them carried out. It must supply the manufacturer with an  inspection  report  and,  if  appropriate,  a  test
       report.

3.4.5.      The manufacturer may supply the notified body's report on request.

4.    EC DECLARATION OF TYPE CONFORMITY (guarantee of product quality)

4.1.  The EC declaration of type conformity (guarantee of product quality) is that part of the procedure whereby a manufacturer who  fulfils  the
       obligations in point 4.2 declares that the appliances concerned are in conformity with the type as described in  the  EC  type-examination
       certificate and satisfy the essential requirements of  this  Directive  which  apply  to  them.  è1 The  manufacturer  or  his  authorized
       representative established within the Community must affix the CE marking  to  each  appliance  and  draw  up  a  written  declaration  of
       conformity. ç This declaration may cover one or more appliances and must be kept by the manufacturer. è1 The CE marking must  be  followed
       by the identification number of the notified body responsible for EC surveillance. ç

4.2.  The manufacturer shall apply an approved quality system for the final inspection of the appliances and the tests,  as  specified  in  point
       4.3, and is subject to EC surveillance as specified in point 4.4.

4.3.  Quality system

4.3.1.      Under this procedure, the manufacturer must lodge an application for approval of his quality system  with  a  notified  body  of  his
       choice for the appliances in question.

       The application must include:

         – the quality system documentation,

         – an undertaking to carry out the obligations arising from the quality system as approved,

         – an undertaking to maintain the approved quality system to ensure its continuing suitability and effectiveness,

         – the documentation relating to the approved type and a copy of the EC type-examination certificate.

4.3.2.      As part of the quality system, each appliance must be examined and appropriate tests as  laid  down  in  the  applicable  standard(s)
       referred to in Article 5 or equivalent tests carried out to check its conformity with the essential requirements relating to  it  in  this
       Directive.

       All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and  logical  manner  in  the
       form of measures, procedures and written instructions. This quality system documentation must  permit  a  uniform  interpretation  of  the
       quality programmes, plans, manuals and records.

       The quality system documentation shall contain, in particular, an adequate description of:

         – the quality objectives, the organizational structure and responsibilities of management and of their powers with regard to  appliance
           quality,

         – the checks and tests to be carried out after manufacture,

         – the method of verifying the effective operation of the quality system.

4.3.3.      The notified body shall examine and evaluate the quality system to determine whether it satisfies the  requirements  referred  to  in
       point 4.3.2. It will presume conformity with these requirements in respect of quality systems that implement the corresponding  harmonized
       standard. It must notify the manufacturer of its decision  and  inform  the  other  notified  bodies  thereof.  The  notification  to  the
       manufacturer must contain the conclusions of the examination, the name and address of  the  notified  body  and  the  reasoned  assessment
       decision for the appliances concerned.

4.3.4.      The manufacturer must keep the notified body which approved the quality system informed of any adaptation of the quality system  made
       necessary, e.g. by new technology and quality concepts.

       The notified body must examine the proposed changes and decide whether the amended quality system satisfies  the  relevant  provisions  or
       whether a reassessment is necessary. It must notify the manufacturer of its decision. The notification must contain the conclusions of the
       inspection and the reasoned assessment decision.

4.3.5.      A notified body which withdraws approval of a quality system must inform the other notified bodies that  it  has  done  so  and  give
       reasons for its decision.

4.4.  EC surveillance

4.4.1.      The purpose of EC surveillance is to ensure that the manufacturer duly fulfils the obligations arising out of  the  approved  quality
       system.

4.4.2.      The manufacturer must allow the notified body access for inspection to the place of inspection, testing and storage and must  provide
       it with all necessary information, in particular:

         – the quality system documentation,

         – the quality files such as inspection reports and test data, calibration data, report on qualifications of the staff concerned, etc.

4.4.3.      The notified body must carry out a check at least once every two years to ensure that the manufacturer is  maintaining  and  applying
       the approved quality system and must supply a report on the check to the manufacturer.

4.4.4.      Furthermore, the notified body may make unannounced visits to the manufacturer. During these visits, the body may carry out tests  on
       appliances or have them carried out. It must supply the manufacturer with an inspection report and, if appropriate, a test report.

4.4.5.      The manufacturer may supply the notified body's report on request.

                                            ê 93/68/EEC Art.10 pt.7

5.    EC VERIFICATION

5.1.  EC verification is the procedure whereby the manufacturer or his authorized representative established within  the  Community  ensures  and
       declares that the appliances subject to the provisions of point 3 are in conformity to the type as described in  the  EC  type-examination
       certification and satisfy the requirements of this Directive that apply to them.

5.2.  The manufacturer or his authorized representative established within the Community must take all  measures  necessary  in  order  that  the
       manufacturing process ensures conformity of the appliances to the type as described in the EC type-examination certification  and  to  the
       requirements of this Directive that apply to them. The manufacturer or his authorized representative established within the Community must
       affix the CE marking to each appliance and draw up a written declaration of conformity. The declaration of conformity  may  cover  one  or
       more appliances and must be kept by the manufacturer or his authorized representative established within the Community.

5.3.  The notified body must carry out the appropriate examinations and tests  in  order  to  check  the  conformity  of  the  appliance  to  the
       requirements of this Directive by examination and testing of every appliance, as specified in point 5.4, or by examination and testing  of
       appliances on a statistical basis, as specified in point 5.5, at the choice of the manufacturer.

5.4.  Verification by checking and testing of each appliance

5.4.1.      All appliances must be individually examined and appropriate tests, as set out in the relevant standard(s) referred to in Article  5,
       or equivalent tests, must be carried out in order to verify their conformity with  the  type  as  described  in  the  EC  type-examination
       certificate and the requirements of this Directive that apply to them.

5.4.2.      The notified body must affix, or cause to be affixed, its identification number on each appliance and draw up a  written  certificate
       of conformity relating to the tests carried out. The certificate of conformity may cover one or more appliances.

5.4.3.      The manufacturer or his authorized representative must ensure that  he  is  able  to  supply  the  notified  body's  certificates  of
       conformity on request.

5.5.  Statistical verification

5.5.1.      Manufacturers must present the appliances manufactured in the form of uniform batches and must take all necessary measures  in  order
       that the manufacturing process ensures the uniformity of each batch produced.

5.5.2.      Statistical control is as follows:

       Appliances are subject to statistical control by attributes. They should be grouped into identifiable batches consisting  of  units  of  a
       single model manufactured under the same conditions. A batch is examined at random intervals. The appliances  constituting  a  sample  are
       examined individually and appropriate tests, as laid down in the respective standard(s) referred to in Article 5, or equivalent tests  are
       carried out to determine whether the batch is to be accepted or rejected.

       A sampling system with the following characteristics is applied:

         – a level of quality corresponding to a probability of acceptance of 95 %, with a non-conformity percentage of between 0,5 and 1,5 %,

         – a limit quality corresponding to a probability of acceptance of 5 %, with a percentage of non-conformity of between 5 and 10 %.

5.5.3.      Where batches are accepted, the notified body must affix, or cause to be affixed, its identification number  to  each  appliance  and
       draw up a written certificate of conformity relating to the tests carried out. All appliances in the batch may be  placed  on  the  market
       except for those products from the sample which were found not to be in conformity.

       Where a batch is rejected, the notified body must take appropriate measures to prevent the placing on the market of  that  batch.  In  the
       event of frequent rejection of batches the notified body may suspend the statistical verification.

       The manufacturer may, under the responsibility of the notified body, affix the latter's identification  number  during  the  manufacturing
       process.

5.5.4.      The manufacturer or his authorized representative must ensure that  he  is  able  to  supply  the  notified  body's  certificates  of
       conformity on request.

6.    EC UNIT VERIFICATION

6.1.  EC unit verification is the procedure whereby the manufacturer or his authorized representative established within  the  Community  ensures
       and declares that the appliance concerned, which has been issued with the certificate referred to in point 2, conforms to the requirements
       of this Directive that apply to it. The manufacturer or his authorized representative must affix the CE marking to the appliance and  draw
       up a written declaration of conformity which he must keep.

6.2.  The notified body must examine the appliance and carry out the appropriate tests, taking account of the design documentation  in  order  to
       ensure its conformity with the essential requirements of this Directive.

       The notified body must affix, or cause to be affixed, its identification number to the approved appliance  and  must  draw  up  a  written
       certificate of conformity concerning the tests carried out.

6.3.  The aim of the technical documentation relating to the design of the instrument, as referred to in Annex IV, is  to  enable  conformity  to
       the requirements of this Directive to be assessed and the design, manufacture and operation of the appliance to be understood.

       The design documentation referred to in Annex IV must be made available to the notified body.

6.4.  If deemed necessary by the notified body, the examinations and tests may be carried out after installation of the appliance.

6.5.  The manufacturer or his authorized representative must ensure that he is able to supply the notified body's certificates of  conformity  on
       request.

                                                                 ________________

                                            ê 93/68/EEC Art.10 pt.8

                                                                    ANNEX III

                                                      CE CONFORMITY MARKING AND INSCRIPTIONS

1.    The CE conformity marking consists of the initials «CE» as shown below:

                                                                      [pic]

       The CE marking must be followed by the identification number of the notified body involved in the production control phase.

2.    The appliance or its data plate must bear the CE marking together with the following inscriptions:

         – the manufacturer's name or identification symbol,

         – the trade name of the appliance,

         – the type of electrical supply used, if applicable,

         – the appliance category,

         – the last two digits of the year in which the CE marking was affixed.

       Information needed for installation purposes may be added according to the nature of the appliance.

3.    If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.

       The various components of the CE marking must have substantially the same vertical dimension, which may not be less than 5 mm.

                                                                 _______________

                                            ê 90/396/EEC

                                                                     ANNEX IV

                                                               DESIGN DOCUMENTATION

The design documentation must contain the following information, in so far as is required by the notified body for assessment:

     – a general description of the appliance,

     – conceptual designs and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,

     – descriptions and explanations necessary for the understanding of the above, including the operation of the appliances,

     – a list of the standards referred to in Article 5, applied in full or in part, and descriptions  of  the  solutions  adopted  to  meet  the
       essential requirements where the standards referred to in Article 5 have not been applied,

     – test reports,

     – manuals for installation and use.

Where appropriate, the design documentation must contain the following elements:

     – attestations relating to the equipment incorporated in the appliance,

     – attestations and certificates relating to the methods of manufacture and/or inspection and/or monitoring of the appliance,

     – any other document making it possible for the notified body to improve its assessment.

                                                                 ________________

                                            ê 90/396/EEC

                                                                     ANNEX V

                                                MINIMUM CRITERIA FOR ASSESSMENT OF NOTIFIED BODIES

The notified bodies designated by the Member States must fulfil the following minimum conditions:

     – availability of personnel and of the necessary means and equipment,

     – technical competence and professional integrity of personnel,

     – independence in carrying out tests, preparing reports,  issuing  certificates  and  performing  the  surveillance  provided  for  in  this
       Directive, of management and technical staff in relation to all circles, groups or persons directly or indirectly involved in the field of
       the appliances,

     – maintenance of professional secrecy by staff,

     – possession of civil liability insurance unless that liability is covered by the State under national law.

Fulfilment of the conditions in the first two indents must be periodically verified by the competent authorities  of  the  Member  States  or  by
bodies designated by the Member States.

                                                                 _______________

                                            é

                                                                     ANNEX VI

                                                                      Part A

                                                      Repealed Directive with its amendment
                                                           (referred to in Article 14)

|Council Directive 90/396/EEC                                       |                                                                   |
|(OJ L 196, 26.7.1990, p. 15)                                       |                                                                   |
|Council Directive 93/68/EEC                                         |Article 10 only                                              |
|(OJ L 220, 30.8.1993, p. 1)                                         |                                                             |

                                                                      Part B

                                     List of time-limits for transposition into national law and application
                                                           (referred to in Article 14)

|Directive                                   |Time-limit for transposition                |Date of application                         |
|90/396/EEC                                  |30.6.1991                                   |1.1.1992                                    |
|93/68/EEC                                   |30.6.1994                                   |1.1.1995                                    |

                                                                _________________

                                                                    ANNEX VII

                                                                Correlation table

|Directive 90/396/EEC                                               |This Directive                                                     |
|Recital 8, last sentence                                           |Article 1(4)                                                       |
|Article 1(1), first and second indents                             |Article 1(1)(a) and (b)                                            |
|Article 1(2) and (3)                                               |Article 1(2) and (3)                                               |
|Article 1(4), introductory wording                                 |Article 1(5), introductory wording                                 |
|Article 1(4) first, second and third indents                       |Article 1(5)(a), (b) and (c)                                       |
|Articles 2 – 4                                                     |Articles 2 – 4                                                     |
|Article 5(1)                                                       |Article 5(1)                                                       |
|Article 5(2), first sentence                                       |Article 5(2), first subparagraph                                   |
|Article 5(2), second and third sentences                           |Article 5(2), second subparagraph                                  |
|Article 6(1), first subparagraph, first sentence                   |Article 6(1), first subparagraph                                   |
|Article 6(1), first subparagraph, last sentence                    |Article 6(1), second subparagraph                                  |
|Article 6(1), second subparagraph                                  |Article 6(1), third subparagraph                                   |
|Article 6(2), first sentence                                       |Article 6(2), first subparagraph                                   |
|Article 6(2), second sentence                                      |Article 6(2), second subparagraph                                  |
|Article 6(2), third sentence                                       |Article 6(2), third subparagraph                                   |
|Article 7                                                          |Article 7                                                          |
|Article 8(1)(a)                                                    |Article 8(1)(a)                                                    |
|Article 8(1)(b), introductory wording                              |Article 8(1)(b), introductory wording                              |
|Article 8(1)(b), first indent                                      |Article 8(1)(b)(i)                                                 |
|Article 8(1)(b), second indent                                     |Article 8(1)(b)(ii)                                                |
|Article 8(1)(b), third indent                                      |Article 8(1)(b)(iii)                                               |
|Article 8(1)(b), fourth indent                                     |Article 8(1)(b)(iv)                                                |
|Article 8(2) – (3)                                                 |Article 8(2) – (3)                                                 |
|Article 8(4), first subparagraph first sentence                    |Article 8(4), first subparagraph                                   |
|Article 8(4), first subparagraph second sentence                   |Article 8(4), second subparagraph                                  |
|Article 8(4), second subparagraph                                  |Article 8(4), third subparagraph                                   |
|Article 8(5)(a)                                                    |Article 8(5), first subparagraph                                   |
|Article 8(5)(b)                                                    |Article 8(5), second subparagraph                                  |
|Article 8(6)                                                       |Article 8(6)                                                       |
|Articles 9 – 12                                                    |Articles 9 – 12                                                    |
|Article 13                                                         |–                                                                  |
|Article 14(1)                                                      |–                                                                  |
|Article 14(2)                                                      |–                                                                  |
|Article 14(3)                                                      |Article 13                                                         |
|–                                                                  |Article 14                                                         |
|–                                                                  |Article 15                                                         |
|Article 15                                                         |Article 16                                                         |
|Annexes I – V                                                      |Annexes I – V                                                      |
|_                                                                  |Annex VI                                                           |
|_                                                                  |Annex VII                                                          |

                                                            _________________________

                                                             -----------------------
[1]   COM(87) 868 PV.
[2]   See Annex 3 to Part A of the Conclusions.
[3]   Carried out pursuant to the Communication from the Commission to the European Parliament and the  Council  –  Codification  of  the  Acquis
      communautaire, COM(2001) 645 final.
[4]   See Annex VI, Part A of this proposal.
[5]   OJ C  Ö (…) Õ .
[6]   OJ C Ö (…) Õ .
[7]   (…)
[8]   OJ L 196, 26.7.1990, p. 15. Directive as amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1).
[9]   See Annex VI, Part A.
[10]  OJ L 204, 21.7.1998, p. 37. Directive as last amended by the Act of Accession of 2003 .
[11]  OJ L 77, 26.3.1973, p. 29.