26.7.90 Official Journal of the European Communities No L 196/15 COUNCIL DIRECTIVE of 29 June 1990 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels (90/396/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 100a thereof, ) Having regard to the proposal from the Commission (1), In cooperation with the European Parliament (2), Having regard-to the opinion of the Economic and Social Committee (3), Whereas 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; Whereas, 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; whereas 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; Whereas different conditions as regards types of gas and supply pressures are in force in the Member States; whereas - these conditions are not harmonized because each Member State’s energy supply and distribution situation is peculiar to it; Whereas paragraphs 65 and 68 of the White Paper on the completion of the internal market, approved by the European Council in June 19885, provide for a new approach to legislative harmonization; Whereas 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; whereas, therefore, the harmonization of legislation in the (1) OJNoC 42,21.2.1989,p. 5§ and OJ No C 260, 13. 10. 1989, p- 3. . (2) OJNoC 158,26.6.1989, p. 218 and Decision of 13 June 1980 (not yet published in the Official Journal). ’ (3) OJ No C 194, 31. 7. 1989, p. 18. present case must 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; whereas these requirements must replace the national provisions in this matter because they are essential requirements; - Whereas 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; Whereas the essential safety and health requirements must be observed in order to ensure that appliances burning gaseous fuels are safe; whereas energy conservation is considered essential; whereas these requirements must be applied with discernment to take account of the state of the art at the time of construction; Whereas this Directive therefore contains only essential requirements; whereas, to facilitate proof of conformity with the essential requirements, it is necessary to have harmonized standards at European 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; whereas these standards, harmonized at European level, are drawn up by private bodies and must remain non-mandatory texts; whereas for that purpose the European Committee for. Standardization (CEN) and the European- Committee for Electrotechnical Standardization (Cenelec).are recognized as the competent bodies for the adoption of harmonized standards in accordance with the general guidelines for cooperation between the Commission and those two bodies “signed on 13 November 1984; whereas, for the purposes of this Directive, a harmonized standard is a technical specification (European standard or harmonization - document) adopted by one or both of those bodies upon a remit . from the Commission in accordance with Council Directive 83/189/EEC of 28 March 1983 laying down a procedure for the provision of information in -the field of technical standards and regulations (4), as last amended by Directive 88/182/EEC (®), and the abovementioned general guidelines; Whereas, pending the adoption of harmonized standards within the meaning of this Directive, conformity with the essential requirements and the free movement of appliances burning gaseous fuels should be facilitated by the acceptance, at Community level, of products conforming to the national (*) OJ No L 109, 26. 4. 1983, p. 8. (*) OJ No L 81, 26. 3. 1988, p. 75.