Statutory Instruments
ENERGY CONSERVATION
Made
9th December 1993
Laid before Parliament
10th December 1993
Coming into force
except as to regulation 9
1st January 1994
as to regulation 9
1st January 1995
The Secretary of State, being a Minister designated(1) for the purposes of section 2 of the European Communities Act 1972(2) in relation to measures relating to the efficiency requirements for new hot water boilers fired with liquid or gaseous fuels, in exercise of the powers conferred by section 2(2) of that Act and of all other powers enabling him in that behalf, hereby makes the following Regulations:
1. These Regulations may be cited as the Boiler (Efficiency) Regulations 1993 and, except as respects regulation 9, come into force on 1st January 1994; regulation 9 comes into force on 1st January 1995.
2.-(1) In these Regulations, unless the context otherwise requires "appliance" means-
(a)a boiler body designed to have a burner fitted, or
(b)a burner designed to be fitted to a boiler body;
"average temperature of the boiler water" means the average of the water temperatures at the entry and exit of the boiler;
"boiler" means a hot water boiler comprising an assembly of a boiler body designed to have a burner fitted and a burner designed to be fitted to a boiler body which -
is designed to transmit the heat obtained from burning fuel to water,
is designed to be fired by liquid or gaseous fuels,
has an effective rated output of not less than 4kW and not more than 400kW,
is designed to have an exit temperature for the water of less than 105oC;
"the Community" means the European Economic Community;
"the Directive" means Council Directive 92/42/EEC(3) concerning efficiency requirements for new hot water boilers fired with liquid or gaseous fuels;
"EC mark", except in relation to regulations 5(2)(d), 6(2)(d) and 7(1)(a)(ii), means a mark consisting of the symbol "CE" as described and shown in Schedule 1, and in those regulations means a mark consisting of the symbol "CE";
"effective rated output" expressed in kW, means the maximum calorific output laid down and guaranteed by the manufacturer as being deliverable during continuous operation while complying with the useful efficiency indicated by the manufacturer;
"efficiency requirements" means-
in relation to a boiler, the useful efficiency requirements specified in Schedule 2 for a boiler of that description; and
in relation to an appliance, the useful efficiency requirements specified in Schedule 2 for a boiler of the description of which that appliance is designed to form part;
"gas condensing boiler" means a gas fired boiler designed continuously to condense in normal operation a large part of the water vapour contained in the combustion gases;
"gas appliances Directive" means Council Directive 90/396/EEC(4) on the approximation of the laws of Member States relating to appliances burning gaseous fuels;
"gaseous fuel" means any fuel which is a gas at a temperature of 15oC at a pressure of 1 bar absolute;
"harmonised standard" means any standard drawn up under mandate from the Commission in accordance with Directives 83/189/EEC(5) and 88/182/EEC(6) relevant for the purposes of the Directive and of the gas appliances Directive-
the reference number of which has been published in the Official Journal of the European Communities; and
in respect of which a Member State has published the reference number of a relevant national standard transposing the standard so drawn up;
"low temperature boiler" means a boiler which can work continuously with a water supply temperature of 35 to 40OC, possibly producing condensation in certain circumstances, including condensing boilers using liquid fuel;
"notified body" means a body approved by the Secretary of State in accordance with regulation 8 to perform the functions of a notified body under these Regulations or by another Member State to perform the functions of a notified body under any legislation of that State implementing the Directive;
"part load", expressed in percentage terms, means the ratio between the effective output of a boiler operating intermittently or at an output lower than the effective rated output and the same effective rated output;
"standard boiler" means a boiler for which the average water temperature can be restricted by design;
"supply" includes offering to supply, agreeing to supply, exposing for supply and possessing for supply;
"useful efficiency", expressed in percentage terms, means the ratio between the heat output transmitted to the boiler water and the product of the net calorific value at constant fuel pressure and the consumption expressed as a quantity of fuel per unit time.
(2) Any word or expression used, but not defined, in these Regulations which is also used in the Directive has, in these Regulations, the meaning it has in the Directive.
(3) In these Regulations, unless the context otherwise requires-
(a)any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations which bears that number, and
(b)any reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph which bears that number in that regulation or Schedule.
(4) References in these Regulations to complying with or conforming to the requirements of these Regulations, in relation to acts done within the territory of a Member State other than the United Kingdom, are references to complying with or conforming to the requirements of the legislation of that State implementing the Directive, or, if there is no such legislation, of the Directive.
3. These Regulations do not apply in respect of boilers and appliances specified in Schedule 3.
4.-(1) Subject to the following provisions of these Regulations, no person shall supply or put into service a new boiler which does not satisfy the efficiency requirements.
(2) A boiler with a dual function, that of heating premises and also providing sanitary hot water, satisfies the efficiency requirements if those requirements are satisfied in respect of its heating function only.
5.-(1) Subject to the following provisions of these Regulations and without prejudice to other methods of satisfying the efficiency requirements, a boiler is deemed to satisfy the efficiency requirements if-
(a)it complies with any relevant harmonised standard for boilers; and
(b)it bears the EC mark affixed in a visible, easily legible and indelible manner and is accompanied by an EC declaration of conformity.
(2) An EC declaration of conformity, in relation to a series produced boiler, is a declaration by the manufacturer or his authorised representative established in the Community which -
(a)attests to the conformity of the boiler to the requirements of these Regulations,
(b)certifies that the boiler is of a type which has been examined and certified by a notified body in accordance with the procedures specified in Schedule 4,
(c)declares that the manufacturer or such a representative has, in accordance with the requirements specified in Part I, II or III of Schedule 5, ensured that the boiler conforms to that type, and
(d)where the boiler is also subject to one or more Community Directives (other than the Directive) which provide for the affixing of an EC mark and allow the manufacturer during a transitional period to choose which arrangements to apply, specifies in respect of which of those Directives the EC mark, if affixed during that period, indicates conformity.
(3) No person shall issue an EC declaration of conformity in respect of a boiler unless the efficiency requirements are satisfied in respect of that boiler.
(4) The verification methods for production and measurement of boilers shall be those provided for in the harmonised standards.
(5) The procedures for assessing the conformity of the efficiency of boilers burning gaseous fuels with the efficiency requirements are those used to assess the conformity of such boilers with the essential requirements specified in Schedule 3 to the Gas Appliances (Safety) Regulations 1992(7).
(6) Before 1st January 1995, paragraph (2) shall have effect as if sub-paragraph (d) were omitted.
6.-(1) No person shall supply or put into service a new appliance unless it -
(a)bears the EC mark affixed in a visible, easily legible and indelible manner; and
(b)is accompanied by an EC declaration of conformity.
(2) An EC declaration of conformity, in relation to an appliance-
(a)attests to the conformity of the appliance to the requirements of these Regulations,
(b)defines the parameters for assembly and use of the appliance which will enable a boiler of which the appliance forms part, in service, to satisfy the efficiency requirements,
(c)certifies that after assembly the resulting boiler will satisfy the efficiency requirements, whether by compliance with the procedures in Schedule 4 and the requirements of Part I, II or III of Schedule 5 or otherwise, and
(d)where the appliance is also subject to one or more Community Directives (other than the Directive) which provide for the affixing of an EC mark and allows the manufacturer during a transitional period to choose which arrangements to apply, specifies in respect of which of those Directives the EC mark, if affixed during that period, indicates conformity
(3) No person shall give an EC declaration of conformity in respect of an appliance unless, after assembly, the resulting boiler will satisfy the efficiency requirements.
(4) Before 1st January 1995, paragraph (2) shall have effect as if sub-paragraph (d) were omitted.
7.-(1) No person shall affix or cause to be affixed to a boiler or appliance -
(a)an EC mark, where the boiler or appliance does not comply with
(i)the efficiency requirements, or
(ii)any applicable provision of any other Community Directive concerning other aspects which provides for the affixing of an EC mark and to which the boiler or appliance is subject, or
(b)any marking likely to deceive a third party as to the meaning and form of the EC mark, or
(c)any marking which reduces the visibility and legibility of the EC mark.
(2) Before 1st January 1995, paragraph (1) shall have effect as if for sub-paragraph (b) there were substituted: "(b) any mark, sign or indication reasonably likely to be confused with the EC mark," and as if in sub-paragraph (a)
(i)the word "and" and sub-paragraph (a)
(ii)were omitted.
8.-(1) The Secretary of State may approve a body which meets the requirements in Part I of Schedule 6 to perform the functions conferred on notified bodies by these Regulations, and shall notify the name of any body so approved to the Commission of the European Communities and to other Member States.
(2) Any such approval-
(a)may be given for an unlimited period or for a specified period; and
(b)shall be given subject to conditions which meet the requirements in Part II of Schedule 6, and the Secretary of State shall withdraw an approval if the body ceases to satisfy or comply with such a condition or ceases to satisfy the criteria in Schedule 6.
(3) A notified body may require a fee to be paid by the manufacturer or his authorised representative in connection with the performance by that body of any function under these Regulations, and in any case the fee shall not exceed the sum of -
(a)the costs of the notified body in connection with the functions carried out or to be carried out by the body under these Regulations; and
(b)an amount on account of profit which is reasonable in the circumstances having regard to -
(i)the nature and extent of the work done or to be done by the notified body in connection with the performance of that function; and
(ii)the commercial rate normally charged in respect of profit for that work or similar work.
(4) A body which satisfies the criteria laid down in the corresponding harmonised standards shall be deemed to comply with the criteria specified in Schedule 6.
9.-(1) Where during or after the carrying out of any function under Schedule 4 or 5 the notified body is satisfied that the EC mark has been wrongly affixed to a boiler or appliance, it shall give notice in writing of that fact to the manufacturer or his authorised representative established within the Community.
(2) The notice referred to in paragraph (1) shall-
(a)specify the description of boiler or appliance to which the notice relates, and
(b)give details of the failure to comply with the requirements of these Regulations.
(3) The notice referred to in paragraph (1) shall require the person to whom it is addressed -
(a)to secure that any boiler or appliance to which the notice relates is altered so that it complies with the requirements of these Regulations, and
(b)to take all appropriate steps to secure that no other such boiler or appliance is put into service unless it complies with the requirements of these Regulations.
(4) Where a notified body has served a notice referred to in paragraph (1), it may include within the notice a statement that unless, within a specified period, steps are taken to ensure compliance with the requirements of these Regulations of any appliance or boiler to which the notice relates -
(a)any EC type-examination certificate issued under Schedule 4,
(b)any decision by a notified body that the requirements of Parts II and III of Schedule 5 are met, or
(c)any approval of a quality system given in accordance with Parts II and III of Schedule 5, will be suspended from the date specified in the notice.
(5) A notice under this regulation shall give reasons for any decision conveyed in it.
(6) Where a notice referred to in paragraph (1) has been given and any period referred to in that notice has elapsed, no person shall supply a boiler or appliance of the description to which the notice relates unless compliance with the requirements of these Regulations has been secured.
10.-(1) The manufacturer of a boiler or his authorised representative may label a new boiler as provided for in Schedule 7, and any such label shall be affixed in a visible, easily legible and indelible manner.
(2) No person shall affix or cause to be affixed to a boiler a label provided for in paragraph (1) except in accordance with the requirements of Schedule 7.
(3) No person shall affix or cause to be affixed to a boiler a label reasonably likely to be confused with a label provided for in paragraph (1).
11.-(1) The manufacturer of a boiler or appliance or his authorised representative shall for a period of 10 years from the last date of manufacture of that boiler or appliance keep at the disposal of the Secretary of State in respect of that boiler or appliance -
(a)the technical documents specified in paragraph 3 of Schedule 4 which accompanied his application to a notified body;
(b)a copy of any EC type-examination certificate issued by a notified body in accordance with Schedule 4, and any addition to such a certificate;
(c)a copy of any declaration of conformity given by a manufacturer in accordance with Part I of Schedule 5;
(d)a copy of any document concerning the quality system lodged with a notified body in accordance with paragraph 6(1) or 10(1) of Schedule 5;
(e)a copy of any notification given to a notified body in accordance with paragraph 6(9) or 11(7) of Schedule 5 informing that body of a proposed change in the quality system;
(f)a copy of any decision regarding a proposed change to the quality system notified by the notified body to the manufacturer in accordance with paragraph 6(11) or 11(9) of Schedule 5;
(g)a copy of any report of an audit carried out by the notified body in accordance with paragraph 7(3) or 12(3) of Schedule 5;
(h)a copy of any report of a visit or test provided by a notified body in accordance with paragraph 7(4) or 12(4) of Schedule 5.
(2) Where neither the manufacturer nor his authorised representative is established within the Community, the obligation to keep the documents referred to in paragraph (1)(a) is the responsibility of the person who places the product on the market.
12. It shall be the duty of-
(a)a weights and measures authority, in England,
(b)a county council, in Wales,
(c)an islands or regional council, in Scotland,
(d)the Department of Economic Development in Northern Ireland, to enforce these Regulations in their area.
13.-(1) It shall be an offence triable summarily to contravene regulation 4(1), 5(3), 6(1) or (3), 7(1)(a), (b) or (c), 9(6), 10(2) or (3) or 11(1).
(2) A person guilty of an offence under this regulation shall be liable on conviction, in the case of a contravention of regulation 11(1), to a fine not exceeding level 3 on the standard scale and in Northern Ireland to a fine not exceeding £400, and, in the case of a contravention of any other provision specified in paragraph (1), to a fine not exceeding level 5 on the standard scale and in Northern Ireland to a fine not exceeding £2000.
14.-(1) In any proceedings against any person for the offence of contravening regulation 4(1), 6(1) or 9(6), it shall be a defence for that person to show that -
(a)he reasonably believed that the boiler or appliance would not be put into service in the Community; or
(b)at the time the boiler or appliance was supplied or put into service he neither knew or had reasonable grounds for believing that the efficiency requirements were not satisfied by the boiler or appliance in question; or
(c)the terms on which the boiler or appliance was supplied or put into service indicated that it was not supplied or to be supplied as new.
(2) Subject to paragraphs (3) to (5), in proceedings against a person for an offence under regulation 13 it shall be a defence for a person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(3) Where in any proceedings against any person for such an offence the defence provided by paragraph (2) involves an allegation that the commission of the offence was due -
(a)to the act or default of another; or
(b)to reliance on information given by another, that person shall not, without leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings, he has served a notice under paragraph (4) on the person bringing the proceedings.
(4) A person serving a notice under this paragraph shall give such information identifying or assisting in the identification of the person who is alleged to have committed the act or default or to have given the information as is in the possession of the person serving the notice at the time he serves it.
(5) A person shall not be entitled to rely on the defence provided by paragraph (2) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular -
(a)to steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
(b)to whether he had any reason to disbelieve the information.
15.-(1) Where the commission by any person of an offence under regulation 13 is due to an act or default committed by some other person in the course of any business of that other person, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
(2) Where a body corporate is guilty of an offence under regulation 13 (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(4) In Scotland, where a partnership is guilty of an offence under regulation 13 (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner in the partnership, he, as well as the partnership, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
16. Nothing in these Regulations shall prevent the supply or putting into service before 1st January 1998 of boilers or appliances which comply with national rules and schemes in force within the United Kingdom on 21st May 1992. John Selwyn Gummer 9th December 1993The Secretary of State for the Environment
Regulation 2(1)
1.-(1) The conformity marking shall consist of the initials "CE" taking the following form:
and the last two figures of the year in which the mark was affixed.
(2) If the EC mark is reduced or enlarged, the proportions given in the above graduated drawing must be respected.
(3) The various components of the EC mark must have substantially the same vertical dimension, which may not be less than 5mm.
2. Before 1st January 1995, paragraph 1 shall have effect as if sub-paragraphs (2) and (3) were omitted.
Regulation 2(1)
Boilers must comply with the useful efficiency requirements set out in the Table below -
(a)at rated output, that is, operating at rated output Pn expressed in kW, at an average boiler-water temperature of 70°C, and
(b)at part load, that is, operating at 30% part load, at an average boiler-water temperature which varies according to the type of the boiler.
Type of boiler | Range of power output kW | Efficiency at rated output | Average boiler-water temperature expressed in °C | Efficiency requirement expressed in % | Efficiency at part load | Average boiler-water temperature expressed in °C | Efficiency requirement expressed in % | ||
---|---|---|---|---|---|---|---|---|---|
a Including condensing boilers using liquid fuels. | |||||||||
b Temperature of boiler water supply. | |||||||||
Standard boilers | 4 to 400 | 70 | ≥84 + 2 log Pn | ≥50 | ≥80 + 3 log Pn | ||||
Low temperature boilersa | 4 to 400 | 70 | ≥87.5 + 1.5 log Pn | 40 | ≥87.5 + 1.5 log Pn | ||||
Gas condensing boilers | 4 to 400 | 70 | ≥91 + 1 log Pn | 30b | ≥97.1 + 1 log Pn |
Regulation 3
1. A hot-water boiler which is capable of being fired by different fuels where one or more of those fuels is solid fuel.
2. Equipment for the instantaneous preparation of hot water.
3. A boiler designed to be fired by industrial waste gas, biogas or by any other fuel the properties of which differ appreciably from the properties of the liquid or gaseous fuels commonly marketed.
4. A cooker or other appliance which is designed mainly to heat the premises in which it is installed, and, as a subsidiary function, to supply hot water for central heating and sanitary hot water.
5. A device with an effective rated output of less than 6 kW which uses gravity circulation and is designed solely for the production of stored, sanitary hot water.
6. A boiler manufactured on a one-off basis.
7. A back boiler or boiler designed to be installed in the living space where-
(a)the efficiency of such a boiler at effective rated output and at 30 per cent part load is equal to or greater than the efficiency requirements for standard boilers minus 4 per cent;
(b)in the case of a boiler designed to be installed in the living space, it bears on its casing the explicit indication that it must be installed in a living space.
8. An appliance intended to form part of any product specified in paragraphs 1 to 7.
9. In Part I of this Schedule "back boiler" means a boiler designed to supply hot water for central heating and to be installed in a fireplace recess as part of a back boiler/gas fire combination;
"boiler to be installed in the living space" means a boiler with an effective rate of output of less than 37 kW which -
is designed to provide heat to that part of the living space in which it is installed by the emission of heat from the casing,
has an open expansion chamber,
is capable of heating water using gravity circulation.
Regulation 5(2)(b), 6(2)(c)
1. This Schedule describes that part of the procedure by which a notified body ascertains and attests that an example, representative of the production envisaged, meets the relevant provisions of these Regulations.
2.-(1) The application for EC type-examination shall be lodged by the manufacturer or his authorised representative established within the Community with a notified body of his choice.
(2) The application shall include-
(a)the name and address of the manufacturer and, if the application is lodged by the authorised representative, the name and address in addition,
(b)a written declaration that the same application has not been lodged with any other notified body,
(c)the technical documents as described in paragraph 3.
(3) The applicant shall place at the disposal of the notified body an example representative of the production envisaged, hereinafter called 'type'.The notified body may request further examples if needed for carrying out the test programme.
3. The technical documents shall enable the conformity of the product with the requirements of these Regulations to be assessed.They shall, as far as is relevant for such assessment, cover the design, manufacture and operation of the product and contain as far as is relevant for assessment -
(a)a general type-description,
(b)conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc.,
(c)descriptions and explanations necessary for the understanding of the drawings and diagrams and the operation of the product,
(d)a list of the harmonised standards applied in full or in part, and descriptions of the solutions adopted to meet the efficiency requirements where the harmonised standards have not been applied,
(e)results of design calculations made, examinations carried out, etc.,
(f)test reports.
4. The notified body shall-
(a)examine the technical documents, verify that the type has been manufactured in conformity with those documents and identify the elements which have been designed in accordance with the relevant provisions of the harmonised standards as well as the components which have been designed without applying the relevant provisions of those standards;
(b)perform or have performed the appropriate examinations and necessary tests to check whether, where the harmonised standards have not been applied, the solutions adopted by the manufacturer meet the essential requirements;
(c)perform or have performed the appropriate examinations and necessary tests to check whether, where the manufacturer has chosen to apply the relevant standards, these have actually been applied;
(d)agree with the applicant the location where the examinations and necessary tests are to be carried out.
5.-(1) Where the type meets the relevant provisions of these Regulations, the notified body shall issue an EC type-examination certificate to the applicant. The certificate shall contain the name and address of the manufacturer, the conclusion of the examination and necessary data for identification of the approved type.
(2) A list of the relevant parts of the technical documents shall be annexed to the certificate and a copy kept by the notified body.
(3) If the manufacturer or his authorised representative established in the Community is refused a type certificate, the notified body shall provide detailed reasons for such refusal.
(4) The notified body shall have in place a procedure for considering appeals against refusal of a type certificate given by it, and give details of that procedure to any person refused a type certificate.
6. The applicant shall inform the notified body which holds the technical documents concerning the EC type-examination certificate of all modifications to the approved appliance which must receive additional approval where such changes may affect the conformity with the essential requirements or the prescribed conditions for use of the product.This additional approval shall be given in the form of an addition to the original EC type-examination certificate.
7. Each notified body shall communicate to the other notified bodies the relevant information concerning the EC type-examination certificates and additions issued and withdrawn.
8. The other notified bodies may receive copies of the EC type-examination certificates and their additions.The Annexes to the certificates must be kept at the disposal of the other notified bodies.
Regulation 5(2)(c), 6(2)(c)
1.-(1) This Part of the Schedule describes that part of the procedure whereby the manufacturer or his authorised representative established within the Community ensures and declares that the products concerned are in conformity with the type as described in the EC type-examination certificate and satisfy the requirements of these Regulations that apply to them.
(2) The manufacturer or his authorised representative established in the Community shall affix the EC mark to each product and draw up a written declaration of conformity.
(3) Before 1st January 1995 sub-paragraph (2) above shall have effect as if the words "or his authorised representative established in the Community"were omitted.
2. The manufacturer shall take all measures necessary to ensure that the manufacturing process assures the conformity of the manufactured appliances with the type as described in the EC type-examination certificate and with the efficiency requirements of these Regulations.
3. A notified body chosen by the manufacturer shall perform or have performed examinations of the product at random intervals.A suitable sample of the finished products, taken on the spot by the notified body, shall be examined and appropriate tests, defined in any applicable harmonised standard or equivalent tests, shall be carried out to check the conformity of the product with the requirements of these Regulations.In the event of one or more samples of the products examined not conforming, the notified body must take the appropriate measures.
4.-(1) This Part of the Schedule describes the procedure whereby the manufacturer who satisfies the obligations of paragraph 5 of this Schedule ensures and declares that the products concerned are in conformity with the type as described in the EC type-examination certificate and satisfy the requirements of these Regulations.
(2) The manufacturer or his authorised representative established within the Community shall affix the EC mark to each product and draw up a written declaration of conformity.
(3) The EC mark shall be accompanied by the identification number of the notified body responsible for the checks referred to in paragraph 7.
(4) Before 1st January 1995-
(a)sub-paragraph (2) shall have effect with the omission of the words "or his authorised representative established within the Community"were omitted; and
(b)sub-paragraph (3) shall have effect with the substitution for the word "number" of the word "symbol".
5. The manufacturer shall operate an approved quality system for production, final product inspection and testing as specified in paragraph 6. He shall be subject to the checks referred to in paragraph 7.
6.-(1) The manufacturer shall lodge an application for assessment of his quality system with a notified body of his choice, for the products concerned.
(2) The application shall include-
(a)all relevant information for the product category envisaged,
(b)the documents concerning the quality system,
(c)the technical documents pertaining to the approved type and a copy of the EC type-examination certificate.
(3) The quality system shall ensure conformity of appliances with the type as described in the EC type-examination certificate and with the requirements of these Regulations that apply to them.
(4) All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions.The quality system documents shall permit a consistent interpretation of the quality programmes, plans, manuals and quality records.
(5) The quality system shall contain in particular an adequate description of -
(a)the quality objectives and the organisational structure, responsibilities and powers of the management with regard to appliance quality,
(b)the manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used,
(c)the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out,
(d)the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc., and
(e)the means of monitoring the achievement of the required product quality and the effective operation of the quality system.
(6) The notified body shall assess the quality system to determine whether it satisfies the requirements referred to in sub-paragraphs (3) to (5) of this paragraph. It shall presume conformity with those requirements in respect of quality systems that implement the relevant harmonised standard. The auditing team shall have at least one member with experience of assessing the relevant product technology. The assessment procedure shall include an inspection visit to the manufacturer's premises.
(7) The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the examination and the duly substantiated assessment decision.
(8) The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and maintain it at an adequate and efficient level.
(9) The manufacturer or his authorised representative shall keep the notified body that has approved the quality system informed of any proposed change in the quality system.
(10) The notified body shall assess the changes proposed and decide whether the altered quality system will still satisfy the requirements referred to in sub-paragraph (3) to (5) of this paragraph or whether reassessment is required. (11) The notified body shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and the substantiated assessment decision.
7.-(1) The purpose of monitoring is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.
(2) The manufacturer shall allow the notified body access for inspection purposes to the manufacturing, inspection, testing and storage premises and provide it with all necessary information, in particular -
(a)the quality system documents,
(b)the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.
(3) The notified body shall periodically carry out audits to ensure that the manufacturer maintains and applies the quality system and provides an audit report to the manufacturer.
(4) Additionally the notified body may pay unannounced visits to the manufacturer. During such visits the notified body may carry out tests or have them carried out to verify that the quality system is functioning correctly; if necessary, the notified body must provide the manufacturer with a visit report and, if a test has taken place, with a test report.
8. Each notified body shall give the other notified bodies the relevant information concerning the quality system approvals issued and withdrawn.
9.-(1) This Part of the Schedule describes the procedure whereby the manufacturer who satisfies the obligations of sub-paragraph (4) ensures and declares that the boilers and appliances are in conformity with the type as described in the EC type-examination certificate.
(2) The manufacturer or his authorised representative established within the Community shall affix the EC mark to each boiler and appliance and draw up a written declaration of conformity.
(3) The EC mark shall be accompanied by the identification number of the notified body responsible for the checks referred to in paragraph 12.
(4) The manufacturer shall operate an approved quality system for final boiler and appliance inspection and testing as specified in paragraph 10. He shall be subject to the checks referred to in paragraph 12.
(5) Before 1st January 1995-
(a)sub-paragraph (2) shall have effect with the omission of the words "or his authorised representative established in the Community"; and
(b)sub-paragraph (3) shall have effect with the substitution for the word "number" of the word "symbol".
10.-(1) The manufacturer shall lodge an application with a notified body of his choice for the assessment of the quality system for his boilers and appliances.
(2) The application shall include-
(a)all relevant information for the boiler or appliance category envisaged,
(b)the quality system's documentation,
(c)the technical documents pertaining to the approved type and a copy of the EC type-examination certificate.
11.-(1) Under the quality system, each boiler or appliance shall be examined and appropriate tests as defined in the relevant harmonised standards or equivalent tests shall be carried out in order to verify its conformity with the relevant requirements of these Regulations. All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality system documentation shall enable the quality programmes, plans, manuals and records to be interpreted in a uniform manner.
(2) The quality system documentation shall in particular contain an adequate description of -
(a)the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality,
(b)the examination and tests that will be carried out after manufacture,
(c)the means of monitoring the effective operation of the quality system,
(d)quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.
(3) The notified body shall assess the quality system to determine whether it satisfies the requirements specified in sub-paragraphs (1) and (2) of this paragraph. It shall presume conformity with these requirements in respect of quality systems that implement the relevant harmonised standard.
(4) The auditing team shall have at least one member with experience of assessing the relevant product technology. The assessment procedure shall include an inspection visit to the manufacturer's premises.
(5) The manufacturer shall be notified of the decision. The notification shall contain the conclusions of the examination and the substantiated assessment decision.
(6) The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and maintain it at an adequate and efficient level.
(7) The manufacturer or his authorised representative shall keep the notified body which has approved the quality system informed of any proposed change in the quality system.
(8) The notified body shall assess the changes proposed and decide whether the altered quality system will still satisfy the requirements referred to in sub-paragraphs (1) and (2) of this paragraph or whether a reassessment is required.
(9) The notified body shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and the substantiated assessment decision.
12.-(1) The purpose of monitoring is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.
(2) The manufacturer shall allow the notified body access for inspection purposes to the inspection, testing and storage premises and provide it with all necessary information, in particular -
(a)the quality system documentation,
(b)the technical documents,
(c)the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc.
(3) The notified body shall periodically carry out audits to ensure that the manufacturer maintains and applies the quality system and shall provide an audit report to the manufacturer.
(4) Additionally, the notified body may pay unannounced visits to the manufacturer. During such visits the notified body may carry out tests or have them carried out to verify that the quality system is functioning correctly; if necessary, the notified body must provide the manufacturer with a visit report and, if a test has been carried out, with a test report.
(5) Each notified body shall forward to the other notified bodies the relevant information concerning the quality system approvals issued and withdrawn.
Regulation 8
1. The body has at its disposal the necessary staff and possesses the necessary facilities to enable it to perform properly the administrative and technical tasks connected with verification.
2. The body has access to the equipment required for special verification.
3. The staff responsible for inspection have-
(a)sound technical and professional training,
(b)satisfactory knowledge of the requirements of the tests they carry out and adequate experience of such tests,
(c)the ability to draw up the certificates, records and reports required to authenticate the performance of the tests.
4. The body, its director and the staff responsible for carrying out the verification test may not be the designer, manufacturer, supplier or installer of appliances which they inspect, nor the authorised representative of any of those parties. They may not become either involved directly or as authorised representatives in the design, construction, marketing or maintenance of such boilers and appliances. This does not preclude the possibility of exchanges of technical information between the manufacturer and the body.
5. The body and its staff shall carry out the verification tests with the highest degree of professional integrity and technical competence and shall be free from all pressures and inducements, particularly financial, which might influence their judgement of the results of the inspection, especially from persons or groups of persons with an interest in the results of verifications.
6. The impartiality of inspection staff shall be guaranteed. Their remuneration shall not depend on the number of tests carried out or on the results of such tests.
7. The body shall take out liability insurance.
8. The staff of the body shall be required by the body to observe professional secrecy (except as respects the Secretary of State or his authorised agent and any weights and measures authority) in relation to information acquired by the staff in performance of functions under these Regulations.
Regulation 10
1. If the efficiency of a boiler at rated output and its efficiency at part load are equal to or greater than the relevant values for standard boilers, the boiler may be labelled with a single star as set out in Part II of this Schedule.
2. If the efficiency of a boiler at rated output and its efficiency at part load are three or more points higher than the relevant value for standard boilers, the boiler may be labelled with two stars as set out in Part III of this Schedule.
3. Every extra step of efficiency of three points at rated output and at part load will allow the attribution of an extra star as set out in Part III of this Schedule.
Label | Efficiency requirement at nominal output Pn and at an average boiler-water temperature of 70°C % | Efficiency requirement at part load of 0.3 Pn and at an average boiler-water temperature of ≥50°C % |
---|---|---|
★ | ≥84 + 2 log Pn | ≥80 + 3 log Pn |
★★ | ≥87 + 2 log Pn | ≥83 + 3 log Pn |
★★★ | ≥90 + 2 log Pn | ≥86 + 3 log Pn |
★★★★ | ≥93 + 2 log Pn | ≥89 + 3 log Pn |
(This note is not part of the Regulations)
These Regulations implement Council Directive 92/42/EEC ("the Directive") concerning efficiency requirements for new hot water boilers fired with liquid or gaseous fuels and Council Directive 93/68/EEC ("the amendment Directive") amending the Directive. The Directive specifies standards of energy efficiency which are to be met by boilers supplied within the European Economic Community. The Directive also applies to appliances which when fitted together make boilers.
Regulation 3 and Schedule 3 specify the boilers to which the Regulations do not apply (article 3.2 of the Directive). Regulation 4 implements article 4.2 of the Directive and prohibits the supply or putting into service of new boilers which do not satisfy the "efficiency requirements" defined in regulation 2 of, and Schedule 2 to, the Regulations.
Regulation 5 provides that a boiler is deemed to satisfy the efficiency requirements if it complies with the "harmonised standards" (defined in regulation 2 of the Regulation)
and also bears the EC mark and is accompanied by an EC declaration of conformity (article 7.1 of the Directive). Regulation 5 and Schedules 4 and 5 specify how boilers may be shown to qualify for the EC declaration of conformity (article 7.2 and Annexes III and IV of the Directive and article 12(3) of the amendment Directive). It also provides that gas boilers are to be assessed in accordance with the legislation implementing Directive 90/396/EEC (article 7.2 of the Directive). The relevant UK legislation is the Gas Appliances (Safety) Regulations 1992.
Regulation 6 deals with the supply of appliances. For the purpose of the Regulations "appliance" means either a boiler body or a boiler burner designed to be assembled into a boiler (articles 2 and 7.3 of the Directive and article 12.3 of the amendment Directive).
Regulation 7 makes provision about the affixing of the EC mark. This implements article 7.4 of the Directive and article 12.4 of the amendment Directive.
Regulation 8 and Schedule 6 make provision for the approval by the Secretary of State of notified bodies to perform functions in Schedule 5 to the Regulations. This implements article 8.1 and Annex V of the Directive.
Regulation 9 specifies the powers which notified bodies will have after 1st January 1995 in relation to a boiler or appliance in respect which there is a failure to comply with the Regulations (article 12.5 of the amendment Directive).
Regulation 10 and Schedule 7 reflect article 6 of the Directive. It provides for an optional system under which a manufacturer of a boiler may affix to it a label showing between one and four stars, reflecting the level of energy efficiency of that boiler.
Regulation 11 requires manufacturers or their authorised representatives to keep certain information available at the disposal of the Secretary of State for a period specified in the regulation (Annexes III and IV of the Directive).
Regulation 12 provides for enforcement of the Regulations by weights and measures authorities, in England, county councils in Wales and island or regional councils in Scotland and the Department of Economic Development in Northern Ireland.
Regulation 13 provides for the contravention of certain provisions of the Regulations to be an offence and regulations 14 and 15 provide for other matters in connection with proceedings for such offences. Regulation 16 makes transitional provisions reflecting article 9 of the Directive.
S.I. 1989/2393.
O.J. No. L.167, 22.6.82, p17; the Directive is amended from 1st January 1995 by Council Directive 93/68 EEC O.J. No. L.220, 30.8.93, p1 amending various Directives including the Directive.
O.J. No. L. 196, 26.7.1990, p15; the Directive was implemented by virtue of S.I. 1992/711.
O.J. No. L.109, 26.4.1983, p8; Directive last amended by Decision 90/230/EEC (O.J. No. L 128, 18.5.1990, p15).
O.J. No. L81, 26.3.1988, p75.
S.I. 1992/711.