Directive 90/396/EEC Appliances burning gaseous fuels

90/396/EEC Appliances burning gaseous fuels of 29 June 1990 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels


The aim of the Directive is to ensure a single Community market for appliances burning gaseous fuels by laying down the essential safety requirements and type-approval rules. Member States must ensure that the appliances specified are only placed on the market or brought into service on condition that they do not jeopardize the safety of persons, domestic animals or property.


Definitions are provided for ‘gaseous fuel’, ‘appliance’, ‘normally used’.


Appliances specifically designed for use in industrial processes carried out on industrial premises are not included. Other appliances and equipment must satisfy essential requirements stipulated in Annex I. Member States are required to 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. Member States may not prohibit, restrict or impede the placing on the market and the putting into service of appliances and fittings that satisfy the requirements of this Directive. Where a Member State finds that normally-used appliances bearing the CE marking might compromise the safety of persons, domestic animals or property, it must take all appropriate measures to withdraw those appliances from the market and prohibit their being placed on the market in future.

The means of certification of conformity of series-manufactured appliances is the EC type-examination and the EC declaration of conformity to type (see Annex II). After meeting these requirements, the EC mark of conformity must be affixed to conforming appliances. Where the appliances are also subject to other Community Directives, it must be ensured that they also comply with the essential requirements of the other Directives in accordance with the procedures laid down in those Directives. The CE marking of conformity and the inscriptions set out in Annex III must be affixed in a clear and indelible form to the appliance or to a data plate attached to it. The data plate must be so designed that it cannot be re-used. It is prohibited to affix marks to appliances that are likely to be confused with the CE marking. Where it is established that the CE marking has been wrongly affixed to appliances or that certification for fittings has been wrongly attributed, the notified body must withdraw the right to affix the CE marking or to issue the certificate and shall so inform the other notified bodies and report to the Member State concerned.