EUR-Lex - 31992L0042 - EN Avis juridique important | 31992L0042 Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels Official Journal L 167 , 22/06/1992 P. 0017 - 0028 Finnish special edition: Chapter 13 Volume 23 P. 0055 Swedish special edition: Chapter 13 Volume 23 P. 0055 COUNCIL DIRECTIVE 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuelsTHE 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 Decision 91/565/EEC (4) provides for the promotion of energy efficiency in the Community under the SAVE programme; Whereas it is important to promote measures aimed at the progressive establishement of the internal market in the period up to 31 December 1992; whereas the internal market encompasses an area without internal frontiers, in which the free circulation of goods, persons, services and capital is assured; Whereas the Council resolution of 15 January 1985 on the improvement of energy-saving programmes in the Member States (5) invites Member States to pursue and where necessary increase their efforts to promote the more rational use of energy by the further development of integrated energy-saving policies; Whereas the Council resolution of 16 September 1986 concerns new Community energy-policy objectives for 1995 and convergence of the policies of the Member States (6), and in particular the objective of improving the efficiency of final energy demand by at least 20 %; Whereas Article 130r of the Treaty provides that action by the Community relating to the environment shall have the objective of ensuring a prudent and rational utilization of natural resources; Whereas it is appropriate to take as a base a high level of protection in proposals for the approximation of the provisions laid down by law, regulation or administrative action in Member States and concerning health, safety, environmental protection and consumer protection; Whereas the Council resolution of 21 June 1989 declares 'that the Community should take proper account of potential climatic change linked to the greenhouse effect' (7) and the Council's conclusions of 29 October 1990 state that CO2 emissions in the year 2000 should be stabilized throughout the Community at their 1990 level; Whereas the importance of the domestic and tertiary sector, which absorbs a major proportion of the final consumption of energy in the Community, is considerable; Whereas this sector will become even more important through trends towards more central heating and a general increase in thermal comfort; Whereas better boiler efficiency is in the consumer's interest; whereas energy saving will be reflected in fewer imports of hydrocarbons; whereas reduction in the Community's energy dependence will have a positive impact on its trade balance; Whereas Council Directive 78/170/EEC of 13 February 1978 on the performance of heat generators for space heating and the production of hot water in new or existing non-industrial buildings and on the insulation of heat and domestic hot-water distribution in new non-industrial builings (8), has given rise to the establishment of substantially different efficiency levels between one Member State and another; Whereas the requirement of high efficiency for hot-water boilers will reduce the range of technical properties of equipment placed on the market, thus facilitating series production and making for economies of scale; whereas the absence of a measure laying down energy requirements at a sufficiently high level may result, with the completion of the internal market, in a significant drop in the efficiency levels of heating installations through the spread on the market of low-efficiency boilers; Whereas local climatic conditions and the energy and occupancy characteristics of buildings differ greatly within the Community; whereas Member States must take this diversity into account when determining the conditions for putting boilers into service in implementation of this Direcitve; whereas these circumstances justify the fact that Member States where back-boilers and boilers designed to be installed in the living space are widely installed at the date of the adoption of this Directive should continue to authorize, within specific limits, the placing on their markets and the putting into service of such boilers; whereas these arrangements should be subject to particular surveillance by the Commission; Whereas this Directive, which is aimed at eliminating technical barriers with regard to boiler efficiency, must follow the new approach established by the Council resolution of 7 May 1985 (9) which specifically lays down that legislative harmonization is limited to the adoption, by means of directives based on Article 100 of the EEC Treaty, of the essential requirements with which products put on the market must conform and that 'these essential requirements shall be worded precisely enough in order to create legally binding obligations which can be enforced and to enable the certification bodies to certify products as being in conformity, having regard to those requirements in the absence of standards'; Having regard to Directive 83/189/EEC (10) laying down a procedure for the provision of information in the field of technical standards and regulations; Having regard to Decision 90/683/EEC (11) concerning the modules for the various phases of the conformity assessment procedures which are intended to be used in the technical harmonization directives; Whereas boilers complying with the efficiency requirements should bear the CE mark and, where appropriate, signs in order to enable them to move freely and to be put into service in accordance with their intended purpose within the Community; Having regard to Directive 89/106/EEC (12) on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products; Whereas efficiency requirements to encourage the rational use of energy as laid down in 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 (13) should be established for the gas boilers referred to in this Directive, HAS ADOPTED THIS DIRECTIVE: Article 1 This Directive, which comes under the SAVE programme concerning the promotion of energy efficiency in the Community, determines the efficiency requirements applicable to new hot-water boilers fired by liquid or gaseous fuels with a rated output of no less than 4 kW and no more than 400 kW, hereinafter called 'boilers'. Article 2 For the purposes of this Directive: - boiler: the combined boiler body-burner unit, designed to transmit to water the heat released from burning, - appliance: - the boiler body designed to have a burner fitted, - the burner designed to be fitted to a boiler body, - effective rated output (expressed in kW): 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, - useful efficiency (expressed in %): 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, - part load (expressed in %): 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; - average temperature of the boiler water: the average of the water temperatures at the entry and exit of the boiler, - standard boiler: a boiler for which the average water temperature can be restricted by design, - back-boiler: a boiler designed to supply a central-heating system and to be installed in a fireplace recess as part of a back boiler/gas fire combination, - low-temperature boiler: a boiler which can work continuously with a water supply temperature of 35 to 40o C, possibly producing condensation in certain circumstances, including condensing boilers using liquid fuel, - gas condensing boiler: a boiler designed to condense permanently a large part of the water vapour contained in the combustion gases, - boiler to be installed in the living space: a boiler with an effective rated output of less than 37 kW, designed to provide heat to the part of the living space in which it is installed by means of the emission of heat from the casing having an open expansion chamber, supplying hot water using gravity circulation; such boilers shall bear on their casings the explicit indication that they must be installed in living space. Article 3 1. The following shall be excluded from this Directive: - hot-water boilers capable of being fired by different fuels including solid fuels, - equipment for the instantaneous preparation of hot water, - boilers designed to be fired by fuels the properties of which differ appreciably from the properties of the liquid and gaseous fuels commonly marketed (industrial waste gas, biogas, etc), - cookers and appliances designed mainly to heat the premises in which they are installed and, as a subsidiary function, to supply hot water for central heating and sanitary hot water, - appliances with rated outputs of less than 6 kW using gravity circulation and designed solely for the production of stored sanitary hot water, - boilers manufactured on a one-off basis. 2. In the case of boilers with a dual function, that of heating premises and also providing sanitary hot water, the efficiency requirements referred to in Article 5 (1) concern the heating function only. Article 4 1. Member States may not prohibit, restrict or impede the placing on the market or entry into service within their territories of appliances and boilers which satisfy the requirements of this Directive, save as otherwise laid down in the Treaty or other Directives or Community provisions. 2. Member States shall take all necessary measures to ensure that boilers cannot be put into service unless they satisfy the efficiency requirements set out in Article 5 (1) and the conditions for entry into service which the Member States lay down on the basis of local climatic conditions and the energy and occupancy characteristics of the buildings. 3. However, Member States where back-boilers and/or boilers that are to be installed in the living space, are widely installed at the date of the adoption of the present Directive, shall continue to authorize their entry into service, provided that their efficiency both at rated output and at 30 % part load is not more than 4 % below the requirements laid down in Article 5 (1) for standard boilers. 4. The effects of the provisions in paragraphs 2 and 3 shall be constantly monitored by the Commission and analysed in the report to be submitted under Article 10. To this end the Member States shall forward to the Commission any information it requires to submit to the Council the proposed amendments, provided for in that Article, designed to ensure at all events the energy efficiency and free movement of boilers in the Community. Article 5 1. Boilers must comply with the following useful efficiency requirements: - at rated output, i.e. operating at rated output Pn expressed in kW, at an average boiler-water temperature of 70 oC, and - a part load, i.e. operating at 30 % part load, at an average boiler-water temperature which varies according to the type of the boiler. The useful efficiency requirements to be complied with are set out in the following table: Type of boiler Range of power output Efficiency at rated output Efficiency at partload kW Average boiler-water temperature (in oC) Efficiency requirement expressed (in %) Average boiler-water temperature (in oC) Efficiency requirement expressed (in %) Standard boilers 4 to 400 70 & {Ì8}; 84 + 2 logPn & {Ì8}; 50 & {Ì8}; 80 + 3 logPn Lowtemperature boilers (*) 4 to 400 70 & {Ì8}; 87,5 + 1,5 logPn 40 & {Ì8}; 87,5 + 1,5 logPn Gas condensing boilers 4 to 400 70 & {Ì8}; 91 + 1 logPn 30 (**) & {Ì8}; 97 + 1 logPn (*) Including condensing boilers using liquid fuels. (**) Temperature of boiler water-supply. 2. The harmonized standards relating to the requirements of this Directive drawn up under mandate from the Commission in accordance with Directive 83/189/EEC and 88/182/EEC (14) shall determine, inter alia, the verification methods valid for production and measurements. Appropriate tolerances must be incorporated in the efficiency levels. Article 6 1. Under the procedures laid down in Article 7, Member States may decide to apply a specific system of labels enabling the energy performance of boilers to be clearly ascertained. This system shall apply to boilers the efficiency of which is superior to the requirements for standard boilers set out in Article 5 (1). If its efficiency at rated output and its efficiency at part load are equal to or greater than the relevant values for standard boilers, a boiler shall be awarded an '& {ÌK};' as set out in Annex I, section 2. If its efficiency at rated output and its efficiency at part load are three or more points higher than the relevant values for standard boilers a boiler shall be awarded '& {ÌK};& {ÌK};'. Every extra step of efficiency of three points at rated output and at part load will allow the attribution of an extra '& {ÌK};' as set out in Annex II. 2. Member States may not authorize any other label likely to be confused with those referred to in paragraph 1. Article 7 1. Member States shall deem that boilers which comply with the harmonized standards, the reference numbers of which have been published in the Official Journal of the European Communities and for which the Member States have published the reference numbers of the national standards transposing those harmonized standards, to be in conformity with the essential efficiency requirements stipulated in Article 5 (1). Such boilers must bear the CE mark referred to in Annex 1, section 1, and be accompanied by the EC declaration of conformity. 2. The conformity of series-produced boilers shall be certified by: - examination of the efficiency of a boiler type in accordance with module B as described in Annex III, - a declaration of conformity to the approved type in accordance with module C, D or E as described in Annex IV. For boilers burning gaseous fuels, the procedures for assessing the conformity of their efficiency shall be those used to assess conformity to the safety requirements laid down in Directive 90/396/EEC on the approximation of the laws of the Member States relating to appliances burning gaseous fuels. 3. When appliances marketed separately are placed on the market, they must bear the CE mark and be accompanied by the EC declaration of conformity, which defines the parameters enabling them after assembly to achieve the useful efficiency levels laid down in Article 5 (1). 4. The CE mark of conformity to the requirements of this Directive and to the other provisions concerning the granting of the CE mark, and also the inscriptions specified in Annex I, shall be affixed on boilers in a visible, easily legible and indelible manner. The affixing on such products of any other mark, sign or indication liable to create confusion with the CE mark both as regards its significance or in its appearance shall be prohibited. Article 8 1. Each Member State shall notify the Commission and the other Member States of the bodies it has appointed to carry out the tasks relating to the procedures referred to in Article 7, hereinafter called 'notified bodies'. The Commission shall allocate identification numbers to those bodies and shall inform the Member States thereof. Lists of the notified bodies shall be published by the Council in the Official Journal of the European Communities and shall be continually updated. 2. Member States shall implement the minimum criteria laid down in Annex V for the appointment of such bodies. Bodies which satisfy the criteria laid down in the corresponding harmonized standards shall be deemed to comply with the criteria laid down in that Annex. 3. A Member State which has notified a particular body must withdraw that notification if it finds that the body concerned no longer satisfies the criteria referred to in paragraph 2. It shall immediately inform the other Member States and the Commission accordingly and shall withdraw the notification. Article 9 1. By 1 January 1993, Member States shall adopt and publish the provisions necessary to comply with this Directive. They shall forthwith inform the Commission thereof. They shall apply those provisions form 1 January 1994. When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States. 2. Until 31 December 1997, Member States shall permit the placing on the market and putting into service of appliances complying with the national rules and schemes in force within their territories on the date of the adoption of this Directive. Article 10 Three years after the implementation of this Directive the Commission shall submit a report to the European Parliament and to the Council on the results achieved. That report shall be accompanied by proposals for any changes to be made to this Directive in the light of those results and of advances in technology. Article 11 This Directive is addressed to the Member States. Done at Brussels, 21 May 1992. For the Council The President Luis MIRA AMARAL (1) OJ No C 292, 22. 11. 1990, p. 8.(2) OJ No C 129, 20. 5. 1991, p. 97 and OJ No C 94, 13. 4. 1992.(3) OJ No C 102, 18. 4. 1991, p. 46.(4) OJ No L 307, 8. 11. 1991, p. 34.(5) OJ No C 20, 22. 1. 1985, p. 1.(6) OJ No C 241, 25. 9. 1986, p. 1.(7) OJ No C 183, 20. 7. 1989, p. 4.(8) OJ No L 52, 23. 2. 1978, p. 32. Directive amended by Directive 82/885/EEC (OJ No L 378, 31. 12. 1982, p. 19).(9) OJ No C 136, 4. 6. 1985, p. 1.(10) OJ No L 109, 26. 4. 1983, p. 8; Directive last amended by Decision 90/230/EEC (OJ No L 128, 18. 5. 1990, p. 15).(11) OJ No L 380, 31. 12. 1990, p. 13.(12) OJ No L 40, 11. 2. 1989, p. 12.(13) OJ No L 196, 26. 7. 1990, p. 15.(14) OJ No L 81, 26. 3. 1988, p. 75. ANNEX I CONFORMITY MARKS AND ADDITIONAL SPECIFIC MARKINGS 1. Conformity mark The conformity mark consists of the letters CE as shown below and the last two figures of the year in which the mark was affixed. 2. Additional specific markings The energy performance label awarded under Article 6 of this Directive consists of the following symbol: & {ÌK}; ANNEX II AWARD OF ENERGY-PERFORMANCE LABELS Efficiency requirements to be met both at nominal output and at part-load of 0,3 Pn Label Efficiency requirement at nominal output Pn and at an average boiler-water temperature of 70 oC % Efficiency requirement at part-load of 0,3 Pn and at an average boiler-water temperature of & {Ì8}; 50 oC % & {ÌK}; & {Ì8}; 84 + 2 log Pn & {Ì8}; 80 + 3 log Pn & {ÌK};& {ÌK}; & {Ì8}; 87 + 2 log Pn & {Ì8}; 83 + 3 log Pn & {ÌK};& {ÌK};& {ÌK}; & {Ì8}; 90 + 2 log Pn & {Ì8}; 86 + 3 log Pn & {ÌK};& {ÌK};& {ÌK};& {ÌK}; & {Ì8}; 93 + 2 log Pn & {Ì8}; 89 + 3 log Pn ANNEX III Module B: EC type-examination 1. This module 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 the Directive. 2. The application for EC type-examination is lodged by the manufacturer or his authorized representative established within the Community with a notified body of his choice. The application must include: - the name and address of the manufacturer and, if the application is lodged by the authorized representative, the name and address in addition, - a written declaration that the same application has not been lodged with any other notified body, - the technical documents, as described in section 3. The applicant must 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 must enable the conformity of the appliance with the requirements of the Directive to be assessed. They must, as far as is relevant for such assessment, cover the design, manufacture and operation of the appliance and contain as far as is relevant for assessment: - a general type-description, - conceptual design and manufacturing drawings and diagrams of components, sub-assemblies, circuits, etc., - descriptions and explanations necessary for the understanding of the drawings and diagrams and the operation of the product, - a list of the standards referred to in Article 5 (2), applied in full or in part, and descriptions of the solutions adopted to meet the essential requirements of the Directive where the standards referred to in Article 5 have not been applied, - results of design calculations made, examinations carried out, etc., - test reports. 4. The notified body must: 4.1. 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 standards referred to in Article 5 (2) as well as the components which have been designed without applying the relevant provisions of those standards; 4.2. perform or have performed the appropriate examinations and necessary tests to check whether, where the standards referred to in Article 5 (2) have not been applied, the solutions adopted by the manufacturer meet the essential requirements of the Directive; 4.3. 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; 4.4. agree with the applicant the location where the examinations and necessary tests are to be carried out. 5. Where the type meets the relevant provisions of this Directive, the notified body issues an EC type-examination certificate to the applicant. The certificate contains the name and address of the manufacturer, the conclusion of the examination and necessary data for identification of the approved type. A list of the relevant parts of the technical documents is annexed to the certificate and a copy kept by the notified body. If the manufacturer or his authorized representative established in the Community is refused a type certificate, the notified body must provide detailed reasons for such refusal. Provision must be made for an appeals procedure. 6. The applicant informs the notified body that 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 is given in the form of an addition to the original EC type-examination certificate. 7. Each notified body must 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/or their additions. The Annexes to the certificates must be kept at the disposal of the other notified bodies. 9. The manufacturer or his authorized representative established within the Community must keep with the technical documents copies of EC type-examination certificates and their additions for a period of at least 10 years after the last date of manufacture of the product concerned. Where neither the manufacturer nor his authorized representative is established within the Community, the obligation to keep the technical documents available is the responsibility of the person who places the product on the Community market. ANNEX IV Module C: Conformity to type 1. This module describes that part of the procedure whereby the manufacturer or his authorized representative established within the Community ensures and declares that the appliances concerned are in conformity with the type as described in the EC type-examination certificate and satisfy the requirements of this Directive that apply to them. The manufacturer must affix the CE mark to each appliance and draw up a written declaration of conformity. 2. The manufacturer must 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 the Directive. 3. The manufacturer or his authorized representative must keep a copy of the declaration of conformity for a period of at least 10 years after the last date of manufacture of the product concerned. Where neither the manufacturer nor his authorized representative is established within the Community, the obligation to keep the technical documents available is the responsibility of the person who places the product on the Community market. 4. A notified body chosen by the manufacturer must 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, is examined and appropriate tests, defined in the applicable standard or standards referred to in Article 5 (2) or equivalent tests are carried out to check the conformity of the product with the requirements of the corresponding Directive. In the event of one or more samples of the products examined not conforming, the notified body must take the appropriate measures. Module D: Production quality assurance 1. This module describes the procedure whereby the manufacturer who satisfies the obligations of section 2 ensures and declares that the appliances concerned are in conformity with the type as described in the EC type-examination certificate and satisfy the requirements of this Directive. The manufacturer affixes the CE mark to each appliance and draws up a written declaration of conformity. The CE mark is accompanied by the identification symbol of the notified body responsible for the checks referred to in section 4. 2. The manufacturer must operate an approved quality system for production, final appliance inspection and testing as specified in section 3. He is subject to the checks referred to in section 4. 3. Quality system 3.1. The manufacturer lodges an application for assessment of his quality system with a notified body of his choice, for the appliances concerned. The application must include: - all relevant information for the appliance category envisaged, - the documents concerning the quality system, - the technical documents pertaining to the approved type and a copy of the EC type-examination certificate. 3.2. The quality system must ensure conformity of appliances with the type as described in the EC type-examination certificate and with the requirements of this Directive that apply to them. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documents must permit a consistent interpretation of the quality programmes, plans, manuals and quality records. It must contain in particular an adequate description of: - the quality objectives and the organizational structure, responsibilities and powers of the management with regard to appliance quality, - the manufacturing, quality control and quality assurance techniques, processes 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 quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc., - the means of monitoring the achievement of the required appliance quality and the effective operation of the quality system. 3.3. The notified body must assess the quality system to determine whether it satisfies the requirements referred to in section 3.2. It must presume conformity with those requirements in respect of quality systems that implement the relevant harmonized standard. The auditing team must have at least one member with experience of assessing the relevant product technology. The assessment procedure includes an inspection visit to the manufacturer's premises. The decision is notified to the manufacturer. The notification must contain the conclusions of the examination and the duly substantiated assessment decision. 3.4. The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and maintain it at an adequate and efficient level. The manufacturer or his authorized representative must keep the notified body that has approved the quality system informed of any proposed change in the quality system. The notified body must assess the changes proposed and decide whether the altered quality system will still satisfy the requirements referred to in 3.2 or whether reassessment in required. It must notify the manufacturer of its decision. The notification must contain the conclusions of the examination and the substantiated assessment decision. 4. Monitoring under the responsibility of the notified body 4.1. The purpose of monitoring is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system. 4.2. The manufacturer must 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: - the quality system documents, - the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc. 4.3. The notified body must periodically carry out audits to make sure that the manufacturer maintains and applies the quality system and provides an audit report to the manufacturer. 4.4. 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. 5. The manufacturer must, for a period of at least 10 years after the last date of manufacture of the product, keep at the disposal of the national authorities: - the document referred to in the second indent of 3.1, - the updating referred to in the second paragraph of 3.4, - the decisions and reports from the notified body which are referred to in the final paragraph of 3.4, and in 4.3 and 4.4. 6. Each notified body must give the other notified bodies the relevant information concerning the quality system approvals issued and withdrawn. Module E: Product quality assurance 1. This module describes the procedure whereby the manufacturer who satisfies the obligations of section 2 ensures and declares that the boilers and appliances are in conformity with the type as described in the EC type-examination certificate. The manufacturer must affix the CE mark to each boiler and appliance and draw up a written declaration of conformity. The CE mark must be accompanied by the identification symbol of the notified body responsible for the checks referred to in section 4. 2. The manufacturer must operate an approved quality system for final boiler and appliance inspection and testing as specified in section 3. He must be subject to the checks referred to in section 4. 3. Quality system 3.1. The manufacturer lodges an application with a notified body of this choice for the assessment of the quality system for his boilers and appliances. The application must include: - all relevant information for the boiler or appliance category envisaged, - the quality system's documentation, - the technical documents pertaining to the approved type and a copy of the EC type-examination certificate. 3.2. Under the quality system, each boiler or appliance is examined and appropriate tests as defined in the relevant standard(s) referred to in Article 5 or equivalent tests are carried out in order to verify its conformity with the relevant requirements of the Directive. All the elements, requirements and provisions adopted by the manufacturer must be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. This quality system documentation must enable the quality programmes, plans, manuals and records to be interpreted in a uniform manner. It must in particular contain an adequate description of: - the quality objectives and the organizational structure, responsibilities and powers of the management with regard to product quality, - the examination and tests that will be carried out after manufacture, - the means of monitoring the effective operation of the quality system, - quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc. 3.3. The notified body must assess the quality system to determine whether it satisfies the requirements referred to in 3.2. It must presume conformity with these requirements in respect of quality systems that implement the relevant harmonized standard. The auditing team must have at least one member with experience of assessing the relevant product technology. The assessment procedure must include an inspection visit to the manufacturer's premises. The manufacturer must be notified of the decision. The notification must contain the conclusions of the examination and the substantiated assessment decision. 3.4. The manufacturer must undertake to fulfil the obligations arising out of the quality system as approved and maintain it at an adequate and efficient level. The manufacturer or his authorized representative must keep the notified body which has approved the quality system informed of any proposed change in the quality system. The notified body must assess the changes proposed and decide whether the altered quality system will still satisfy the requirements referred to in 3.2 or whether a reassessment is required. It must notify the manufacturer of its decision. The notification must contain the conclusions of the examination and the substantiated assessment decision. 4. Monitoring under the responsibility of the notified body 4.1. The purpose of monitoring is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system. 4.2. The manufacturer must allow the notified body access for inspection purposes to the inspection, testing and storage premises and provide it with all necessary information, in particular: - the quality system documentation, - the technical documents, - the quality records, such as inspection reports and test data, calibration data, qualification reports of the personnel concerned, etc. 4.3. The notified body must periodically carry out audits to ensure that the manufacturer maintains and applies the quality system and must provide an audit report to the manufacturer. 4.4. 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. The manufacturer must, for a period of at least 10 years after the last date of manufacture of the boiler or appliance, keep at the disposal of the national authorities: - the documents referred to in the third indent of 3.1, - the changes referred to in the second paragraph of 3.4, - the decisions and reports from the notified body which are referred to in the final paragraph of 3.4, and in 4.3 and 4.4. 6. Each notified body must forward to the other notified bodies the relevant information concerning the quality system approvals issued and withdrawn. ANNEX V Minimum criteria to be taken into account by Member States for the notification of bodies 1. The body, its director and the staff responsible for carrying out the verification tests may not be the designer, manufacturer, supplier or installer of appliances which they inspect, nor the authorized representative of any of those parties. They may not become either involved directly or as authorized 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. 2. The body and its staff must carry out the verification tests with the highest degree of professional integrity and technical competence and must be free from all pressures and inducements, particularly financial, which might influence their judgment of the results of the inspection, especially from persons or groups of persons with an interest in the result of verifications. 3. The body must have at its disposal the necessary staff and possess the necessary facilities to enable it to perform properly the administrative and technical tasks connected with verification; it must also have access to the equipment required for special verification. 4. The staff responsible for inspection must have: - sound technical and professional training, - satisfactory knowledge of the requirements of the tests they carry out and adequate experience of such tests, - the ability to draw up the certificates, records and reports required to authenticate the performance of the tests. 5. The impartiality of inspection staff must be guaranteed. Their remuneration must not depend on the number of tests carried out or on the results of such tests. 6. The body must take out liability insurance unless its liability is assumed by the State in accordance with national law, or the Member State itself is directly responsible for the tests. 7. The staff of the body must be bound to observe professional secrecy (except vis-à-vis the competent administrative authorities of the State in which its activities are carried out) under this Directive or any provision of national law giving effect to it.

Summary: Efficient and safe hot-water boilers Efficient and safe hot-water boilers SUMMARY OF: Directive 92/42/EEC on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels SUMMARY Hot-water boilers must meet the EU’s ecodesign requirements. WHAT DOES THE DIRECTIVE DO? It sets out the energy efficiency* requirements for new hot water heaters or ‘boilers’ fired by liquid or gaseous fuels. KEY POINTS The directive applies to boilers with an output of no less than 4 kW and no more than 400 kW, specifically: standard boilers, low-temperature boilers, gas-condensing boilers. It does not apply to: hot water boilers capable of being fired by different fuels including solid fuels, equipment for instantly preparing hot water, boilers designed to be fired by fuels other than the liquid and gaseous fuels commonly marketed, cookers and appliances which supply hot water for central heating, and which supply sanitary hot water only as a secondary function, appliances with outputs of less than 6 kW which use gravity circulation and are designed solely for the production of stored sanitary hot water, boilers manufactured on a one-off basis — that is, produced once and therefore not manufactured as part of a series, cogeneration units* (Directive 2004/8/EC). Standardisation and the ‘CE’ marking Any boiler manufactured in accordance with harmonised European standards should conform to the essential requirements set out in the directive. An assessment before affixing the CE conformity marking is carried out by: bodies designated by EU countries in accordance with the minimum assessment criteria and notified to the Commission and the other EU countries, or by the manufacturers themselves. Ecodesign The directive is one of the measures implementing the Framework Directive 2009/125/EC on ecodesign, which set out efficiency requirements for individual product groups. It removes the option for EU countries to apply a specific labelling system to boilers which are more efficient than standard ones. Industry sectors can also make voluntary agreements to reduce the energy consumption of their products. The Commission formally approves these agreements and checks on their implementation. The EU energy efficiency directive sets compulsory targets for EU countries in order to achieve a 20 % energy efficiency target by 2020. A series of energy efficiency regulations for boilers were published in 2013 as part of this policy. They set out minimum standards and an energy labelling scheme. Regulation (EU) No 813/2013, which amends Directive 92/42/EEC, sets out the ecodesign requirements for space heaters* and combination heaters* which do not run on biomass and have an output of less than 400 kW. KEYWORDS * Energy efficiency: using less energy to provide the same service, i.e. less heating energy to maintain the same temperature. * Cogeneration: the simultaneous production of electricity and heat, both of which are used. * Space heater: a device, equipped with one or more heat generators, that provides heat to a water-based central heating system to keep an indoor space at an even temperature. * Combination heater: a space heater also designed to provide hot drinking or sanitary water which is connected to an external supply of drinking or sanitary water. For more information, see ‘Heaters’on the European Commission's website. ACT Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels REFERENCES Act Entry into force Deadline for transposition in the Member States Official Journal Directive 92/42/EEC 3.6.1992 31.12.1992 OJ L 167, 22.6.1992, pp. 17–28 Amending acts Entry into force Deadline for transposition in the Member States Official Journal Directive 93/68/EEC 2.8.1993 1.7.1994 OJ L 220, 30.8.1993, pp. 1–22 Directive 2008/28/EC 21.3.2008 – OJ L 81, 20.3.2008, pp. 48–50 Regulation (EU) No 813/2013 26.9.2013 – OJ L 239, 6.9.2013, pp. 136–161 Successive amendments and corrections to Directive 92/42/EEC have been incorporated in the basic text. This consolidated version is for reference purposes only. RELATED ACTS Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, pp. 13–35) Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, pp. 1–56) last update 22.10.2015


EUR-Lex - 31992Y1204(01) - EN Avis juridique important | 31992Y1204(01) Council Resolution of 19 November 1992 on the implementation in the Community of the European Radiocommunications Committee Decisions Official Journal C 318 , 04/12/1992 P. 0001 - 0001 COUNCIL RESOLUTION of 19 November 1992 on the implementation in the Community of the European Radiocommunications Committee Decisions (92/C 318/01) THE COUNCIL OF THE EUROPEAN COMMUNITIES Having regard to the Treaty establishing the European Economic Community, Whereas the Council resolution of 28 June 1990 (1) calls for the strengthening of European cooperation in the field of radio frequency coordination with the objective of providing sufficient frequency spectrum for new services, according to market demand and taking account of the requirements of existing services and of different categories of users; whereas that resolution saw the development of the existing Conference of Postal and Telecommunications Administrations (CEPT) coordination mechanisms as a major policy goal, and noted with satisfaction in that context the creation of the European Radiocommunications Office (ERO); Whereas the CEPT European Radiocommunications Committee (ERC) consists of representatives of the radio regulatory authorities in all CEPT Member countries, responsible for the allocation and assignment of radio frequencies within their respective countries; Whereas the ERC is developing working methods to allow wide consultation with telecommunication organizations and other service providers, industry and users, and cooperation and interaction with the European Telecommunications Standards Institute (ETSI) and the Commission of the European Communities; Whereas the Commission participates in the work of the ERC with the special status of Counsellor; Whereas the ERC is establishing the ERO as a centre for expertise to develop proposals especially for long-term plans for the use of the radio frequency spectrum in Europe; Whereas the ERC has introduced a mechanism for the adoption of ERC decisions on significant harmonization measures in the field of radiocommunications; Whereas the Commission has submitted to the Council proposals for directives on common frequency bands to be designated for the coordinated introduction of the Terrestrial Flight Telecommunications System (TFTS) and Road Transport Telematics (RTT) systems, in the Community; Whereas the ERC has adopted decisions on the provision of suitable frequency bands for the introduction in Europe of TFTS and RTT systems; Whereas these systems are important trans-European telecommunications developments; Whereas the commitment of all Member States to the implementation of the ERC decisions on TFTS and RTT systems will ensure the provision of the necessary frequencies for these systems, RESOLVES: 1. that in future, Member States should actively participate in the development of ERC decisions aimed at supporting the provision of significant Europe-wide radio services, taking account of the obligations of Member States under Community law, in particular the competition rules, and the general policy goals defined in the Council Resolution of 28 June 1990; 2. that Member States should commit themselves to implementing the ERC decisions on frequency bands to be designated for the coordinated introduction of TFTS and RTT systems, according to the procedure adopted by the ERC, INVITES THE COMMISSION: to give full consideration in future to the mechanism of ERC decisions as the primary method of ensuring the provision of the necessary frequencies for new Europe-wide radio services. (1) Council Resolution of 28 June 1990 on the strengthening of the European-wide cooperation on radio frequencies, in particular with regard to services with a pan-European dimension (OJ No C 166, 7. 7. 1990, p. 4).

Summary: Radio frequencies: European Radio Communications Committee Radio frequencies: European Radio Communications Committee 1) OBJECTIVE To confirm the role of the European Radio Communications Committee (ERC) in assigning the frequencies needed for new radio communications services at European level. 2) COMMUNITY MEASURES Council Resolution of 19 November 1992 on the implementation, within the Community, of ERC decisions. 3) CONTENTS This Resolution forms part of the extension of the Council Resolution of 28 June 1990 on the bolstering of European cooperation on radio frequencies, the main political aim of which was to develop coordination within the structures set up by the European Conference of Postal and Telecommunications Administrations (ECPT). Among these structures the European Radio Communications Committee (ERC), consisting of representatives of the national radio communications inspectorates from all the member countries of the ECPT, adopts decisions on harmonisation in the radio communications field. For this purpose this Committee provides for broad prior consultation of the telecommunications bodies and other suppliers of services, industry and users, and close cooperation with the European Telecommunications Standards Institute (ETSI) and the Commission. The latter is involved in the Committee's activities in an advisory capacity. The ERC has, in particular, adopted decisions on the assignment of frequency bands for the introduction in Europe of the terrestrial flight telecommunications system (TFTS) and road transport telematic systems (RTTS). The Council has therefore decided that the Member States shall actively participate in drawing up the ERC's decisions, account being taken of Community law, and shall commit themselves to implementing the ERC decisions concerning the TFTS and RTT systems. The Council invites the Commission to give thought to the ERC's decision-making machinery as the main method of assigning frequencies at European level. 4) deadline for implementation of the legislation in the member states Not required. 5) date of entry into force (if different from the above) 6) references Official Journal C 318, 04.12.1992 7) follow-up work As the Community has adopted a new approach to radio frequencies, namely to take action within the framework of the ERC, the two proposals for Directives submitted by the Commission on the assignment of frequency bands for the introduction in Europe of the terrestrial flight telecommunications system (TFTS) and road transport telematic systems (RTT) have been withdrawn. Last updated: 14.09.2005


EUR-Lex - 31991L0676 - EN Avis juridique important | 31991L0676 Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources Official Journal L 375 , 31/12/1991 P. 0001 - 0008 Finnish special edition: Chapter 15 Volume 10 P. 0192 Swedish special edition: Chapter 15 Volume 10 P. 0192 COUNCIL DIRECTIVE of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (91/676/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas the nitrate content of water in some areas of Member States is increasing and is already high as compared with standards laid down in Council Directive 75/440/EEC of 16 June 1975 concerning the quality required of surface water intended for the abstraction of drinking water in the Member States (4), as amended by Directive 79/869/EEC (5), and Council Directive 80/778/EEC of 15 July 1980 relating to the quality of water intended for human consumption (6), as amended by the 1985 Act of Accession; Whereas the fourth programme of action of the European Economic Communities on the environment (7) indicated that the Commission intended to make a proposal for a Directive on the control and reduction of water pollution resulting from the spreading or discharge of livestock effluents and the excessive use of fertilizers; Whereas the reform of the common agricultural policy set out in the Commission's green paper 'Perspectives for the common agricultural policy` indicated that, while the use of nitrogen-containing fertilizers and manures is necessary for Community agriculture, excessive use of fertilizers constitutes an environmental risk, that common action is needed to control the problem arising from intensive livestock production and that agricultural policy must take greater account of environmental policy; Whereas the Council resolution of 28 June 1988 of the protection of the North Sea and of other waters in the Community (8) invites the Commission to submit proposals for measures at Community level; Whereas the main cause of pollution from diffuse sources affecting the Community's waters in nitrates from agricultural sources; Whereas it is therefore necessary, in order to protect human health and living resources and aquatic ecosystems and to safeguard other legitimate uses of water, to reduce water pollution caused or induced by nitrates from agricultural sources and to prevent further such pollution; whereas for this purpose it is important to take measures concerning the storage and the application on land of all nitrogen compounds and concerning certain land management practices; Whereas since pollution of water due to nitrates on one Member State can influence waters in other Member States, action at Community level in accordance with Article 130r is therefore necessary; Whereas, by encouraging good agricultural practices, Member States can provide all waters with a general level of protection against pollution in the future; Whereas certain zones, draining into waters vulnerable to pollution from nitrogen compounds, require special protection; Whereas it is necessary for Member States to identify vulnerable zones and to establish and implement action programmes in order to reduce water pollution from nitrogen compounds in vulnerable zones; Whereas such action programmes should include measures to limit the land-application of all nitrogen-containing fertilizers and in particular to set specific limits for the application of livestock manure; Whereas it is necessary to monitor waters and to apply reference methods of measurement for nitrogen compounds to ensure that measures are effective; Whereas it is recognized that the hydrogeology in certain Member States is such that it may be many years before protection measures lead to improvements in water quality; Whereas a Committee should be established to assist the Commission on matters relating to the implementation of this Directive and to its adaptation to scientific and technical progress; Whereas Member States should establish and present to the Commission reports on the implementation of this Directive; Whereas the Commission should report regularly on the implementation of this Directive by the Member States, HAS ADOPTED THIS DIRECTIVE: Article 1 This Directive has the objective of: - reducing water pollution caused or induced by nitrates from agricultural sources and - preventing further such pollution. Article 2 For the purpose of this Directive: (a) 'groundwater`: means all water which is below the surface of the ground in the saturation zone and in direct contact with the ground or subsoil; (b) 'freshwater`: means naturally occurring water having a low concentration of salts, which is often acceptable as suitable for abstraction and treatment to produce drinking water; (c) 'nitrogen compound`: means any nitrogen-containing substance except for gaseous molecular nitrogen; (d) 'livestock`: means all animals kept for use or profit; (e) 'fertilizer`: means any substance containing a nitrogen compound or nitrogen compounds utilized on land to enhance growth of vegetation; it may include livestock manure, the residues from fish farms and sewage sludge; (f) 'chemical fertilizer`: means any fertilizer which is manufactured by an industrial process; (g) 'livestock manure`: means waste products excreted by livestock or a mixture of litter and waste products excreted by livestock, even in processed form; (h) 'land application`: means the addition of materials to land whether by spreading on the surface of the land, injection into the land, placing below the surface of the land or mixing with the surface layers of the land; (i) 'eutrophication`: means the enrichment of water by nitrogen compounds, causing an accelerated growth of algae and higher forms of plant life to produce an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned; (j) 'pollution`: means the discharge, directly or indirectly, of nitrogen compounds from agricultural sources into the aquatic environment, the results of which are such as to cause hazards to human health, harm to living resources and to aquatic ecosystems, damage to amenities or interference with other legitimate uses of water; (k) 'vulnerable zone`: means an area of land designated according to Article 3 (2). Article 3 1. Waters affected by pollution and waters which could be affected by pollution if action pursuant Article 5 is not taken shall be identified by the Member States in accordance with the criteria set out in Annex I. 2. Member States shall, within a two-year period following the notification of this Directive, designate as vulnerable zones all known areas of land in their territories which drain into the waters identified according to paragraph 1 and which contribute to pollution. They shall notify the Commission of this initial designation within six months. 3. When any waters identified by a Member State in accordance with paragraph 1 are affected by pollution from waters from another Member State draining directly or indirectly in to them, the Member States whose waters are affected may notify the other Member States and the Commission of the relevant facts. The Member States concerned shall organize, where appropriate with the Commission, the concertation necessary to identify the sources in question and the measures to be taken to protect the waters that are affected in order to ensure conformity with this Directive. 4. Member States shall review if necessary revise or add to the designation of vulnerable zones as appropriate, and at last every four years, to take into account changes and factors unforeseen at the time of the previous designation. They shall notify the Commission of any revision or addition to the designations within six months. 5. Member States shall be exempt from the obligation to identify specific vulnerable zones, if they establish and apply action programmes referred to in Article 5 in accordance with this Directive throughout their national territory. Article 4 1. With the aim of providing for all waters a general level of protection against pollution, Member States shall, within a two-year period following the notification of this Directive: (a) establish a code or codes of good agricultural practice, to be implemented by farmers on a voluntary basis, which should contain provisions covering at least the items mentioned in Annex II A; (b) set up where necessary a programme, including the provision of training and information for farmers, promoting the application of the code(s) of good agricultural practice. 2. Member States shall submit to the Commission details of their codes of good agricultural practice and the Commission shall include information on these codes in the report referred to in Article 11. In the light of the information received, the Commission may, if it considers it necessary, make appropriate proposals to the Council. Article 5 1. Within a two-year period following the initial designation referred to in Article 3 (2) or within one year of each additional designation referred to in Article 3 (4), Member States shall, for the purpose of realizing the objectives specified in Article 1, establish action programmes in respect of designated vulnerable zones. 2. An action programme may relate to all vulnerable zones in the territory of a Member State or, where the Member State considers it appropriate, different programmes may be established for different vulnerable zones or parts of zones. 3. Action programmes shall take into account: (a) available scientific and technical data, mainly with reference to respective nitrogen contributions originating from agricultural and other sources; (b) environmental conditions in the relevant regions of the Member State concerned. 4. Action programmes shall be implemented within four years of their establishment and shall consist of the following mandatory measures: (a) the measures in Annex III; (b) those measures which Member States have prescribed in the code(s) of good agricultural practice established in accordance with Article 4, except those which have been superseded by the measures in Annex III. 5. Member States shall moreover take, in the framework of the action programmes, such additional measures or reinforced actions as they consider necessary if, at the outset or in the light of experience gained in implementing the action programmes, it becomes apparent that the measures referred to in paragraph 4 will not be sufficient for achieving the objectives specified in Article 1. In selecting these measures or actions, Member States shall take into account their effectiveness and their cost relative to other possible preventive measures. 6. Member States shall draw up and implement suitable monitoring programmes to assess the effectiveness of action programmes established pursuant to this Article. Member States which apply Article 5 throughout their national territory shall monitor the nitrate content of waters (surface waters and groundwater) at selected measuring points which make it possible to establish the extent of nitrate pollution in the waters from agricultural sources. 7. Member States shall review and if necessary revise their action programmes, including any additional measures taken pursuant to paragraph 5, at least every four years. They shall inform the Commission of any changes to the action programmes. Article 6 1. For the purpose of designating and revising the designation of vulnerable zones, Member States shall: (a) within two years of notification of the Directive, monitor the nitrate concentration in freshwaters over a period of one year: (i) at surface water sampling stations, laid down in Article 5 (4) of Directive 75/440/EEC and/or at other sampling stations which are representative of surface waters of Member States, at least monthly and more frequently during flood periods; (ii) at sampling stations which are representative of the groundwater aquifers of Member States, at regular intervals and taking into account the provisions of Directive 80/778/EEC; (b) repeat the monitoring programme outlined in (a) at least every four years, except for those sampling stations where the nitrate concentration in all previous samples has been below 25 mg/l and no new factor likely to increase the nitrage content has appeared, in which case the monitoring programme need be repeated only every eight years; (c) review the eutrophic state of their fresh surface waters, estuarial and coastal waters every four years. 2. The reference methods of measurement set out in Annex IV shall be used. Article 7 Guidelines for the monitoring referred to in Article 5 and 6 may be drawn up in accordance with the procedure laid down in Article 9. Article 8 The Annexes to this Directive may be adapted to scientific and technical progress in accordance with the procedure laid down in Article 9. Article 9 1. The Commission shall be assisted by a Committee composed of the representative of the Member States and chaired by the representative of the Commission. 2. The representative of the Commission shall submit to the Commission a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the EEC Treaty in the case of decisions which the Council is required to adopt a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote. 3. (a) The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the Committee. (b) If the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority. (c) If, on the expiry of a period of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission, save where the Council has decided against the said measures by a simple majority. Article 10 1. Member States shall, in respect of the four-year period following the notification of this Directive and in respect of each subsequent four-year period, submit a report to the Commission containing the information outlined in Annex V. 2. A report pursuant to this Article shall be submitted to the Commission within six months of the end of the period to which it relates. Article 11 On the basis of the information received pursuant to Article 10, the Commission shall publish summary reports within six months of receiving the reports from Member States and shall communicate them to the European Parliament and to the Council. In the light of the implementation of the Directive, and in particular the provisions of Annex III, the Commission shall submit to the Council by 1 January 1998 a report accompanied where appropriate by proposals for revision of this Directive. Article 12 1. The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within two years of its notification (1). They shall forthwith inform the Commission thereof. 2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States. 3. Member States shall communicate to the Commission the texts of the provisions of national law which they adopt in the field governed by this Directive. Article 13 This Directive is addressed to the Member States. Done at Brussels, 12 December 1991. For the CouncilThe PresidentJ.G.M. ALDERS (1)OJ N° C 54, 3. 3. 1989, p. 4 and OJ N° C 51, 2. 3. 1990, p. 12. (2)OJ N° C 158, 26. 6. 1989, p. 487. (3)OJ N° C 159, 26. 6. 1989, p. 1. (4)OJ N° L 194, 25. 7. 1975, p. 26. (5)OJ N° L 271, 29. 10. 1979, p. 44. (6)OJ N° L 229, 30. 8. 1980, p. 11. (7)OJ N° C 328, 7. 12. 1987, p. 1. (8)OJ N° C 209, 9. 8. 1988, p. 3. (1)This Directive was notified to the Member States on 19 December 1991. ANNEX I CRITERIA FOR IDENTIFYING WATERS REFERRED TO IN ARTICLE 3 (1) A. Waters referred to in Article 3 (1) shall be identified making use, inter alia, of the following criteria: 1. whether surface freshwaters, in particular those used or intended for the abstraction of drinking water, contain or could contain, if action pursuant to Article 5 is not taken, more than the concentration of nitrates laid down in accordance with Directive 75/440/EEC; 2. whether groundwaters contain more than 50 mg/l nitrates or could contain more than 50 mg/l nitrates if action pursuant to Article 5 is not taken; 3. whether natural freshwater lakes, other freshwater bodies, estuaries, coastal waters and marine waters are found to be eutrophic or in the near future may become euthropic if action pursuant to Article 5 is not taken. B. In applying these criteria, Member States shall also take account of: 1. the pyhsical and environmental characteristics of the waters and land; 2. the current understanding of the behaviour of nitrogen compounds in the environment (water and soil); 3. the current understanding of the impact of the action taken pursuant to Article 5. ANNEX II CODE(S) OF GOOD AGRICULTURAL PRACTICE A. A code or codes of good agricultural practice with the objective of reducing pollution by nitrates and taking account of conditions in the different regions of the Community should certain provisions covering the following items, in so far as they are relevant: 1. periods when the land application of fertilizer is inappropriate; 2. the land application of fertilizer to steeply sloping ground; 3. the land application of fertilizer to water-saturated, flooded, frozen or snow-covered ground; 4. the conditions for land application of fertilizer near water courses; 5. the capacity and construction of storage vessels for livestock manures, including measures to prevent water pollution by run-off and seepage into the groundwater and surface water of liquids containing livestock manures and effluents from stored plant materials such as silage; 6. procedures for the land application, including rate and uniformity of spreading, of both chemical fertilizer and livestock manure, that will maintain nutrient losses to water at an acceptable level. B. Member States may also include in their code(s) of good agricultural practices the following items: 7. land use management, including the use of crop rotation systems and the proportion of the land area devoted to permanent crops relative to annual tillage crops; 8. the maintenance of a minimum quantity of vegetation cover during (rainy) periods that will take up the nitrogen from the soil that could otherwise cause nitrate pollution of water; 9. the establishment of fertilizer plans on a farm-by-farm basis and the keeping of records on fertilizer use; 10. the prevention of water pollution from run-off and the downward water movement beyond the reach of crop roots in irrigation systems. ANNEX III MEASURES TO BE INCLUDED IN ACTION PROGRAMMES AS REFERRED TO IN ARTICLE 5 (4) (a) 1. The measures shall include rules relating to: 1. periods when the land application of certain types of fertilizer is prohibited; 2. the capacity of storage vessels for livestock manure; this capacity must exceed that required for storage throughout the longest period during which land application in the vulnerable zone is prohibited, except where it can be demonstrated to the competent authority that any quantity of manure in excess of the actual storage capacity will be disposed of in a manner which will not cause harm to the environment; 3. limitation of the land application of fertilizers, consistent with good agricultural practice and taking into account the characteristics of the vulnerable zone concerned, in particular: (a) soil conditions, soil type and slope; (b) climatic conditions, rainfall and irrigation; (c) land use and agricultural practices, including crop rotation systems; and to be based on a balance between: (i) the foreseeable nitrogen requirements of the crops, and (ii) the nitrogen supply to the crops from the soil and from fertilization corresponding to: - the amount of nitrogen present in the soil at the moment when the crop starts to use it to a significant degree (outstanding amounts at the end of winter), - the supply of nitrogen through the net mineralization of the reserves of organic nitrogen in the soil, - additions of nitrogen compounds from livestock manure, - additions of nitrogen compounds from chemical and other fertilizers. 2. These measures will ensure that, for each farm or livestock unit, the amount of livestock manure applied to the land each year, including by the animals themselves, shall not exceed a specified amount per hectare. The specified amount per hectare be the amount of manure containing 170 kg N. However: (a) for the first four year action programme Member States may allow an amount of manure containing up to 210 kg N; (b) during and after the first four-year action programme, Member States may fix different amounts from those referred to above. These amounts must be fixed so as not to prejudice the achievement of the objectives specified in Article 1 and must be justified on the basis of objectives criteria, for example: - long growing seasons, - crops with high nitrogen uptake, - high net precipitation in the vulnerable zone, - soils with exceptionally high denitrification capacity. If a Member State allows a different amount under subparagraph (b), it shall inform the Commission which will examine the justification in accordance with the procedure laid down in Article 9. 3. Member States may calculate the amounts referred to in paragraph 2 on the basis of animal numbers. 4. Member States shall inform the Commission of the manner in which they are applying the provisions of paragraph 2. In the light of the information received, the Commission may, if it considers necessary, make appropriate proposals to the Council in accordance with Article 11. ANNEX IV REFERENCE METHODS OF MEASUREMENT Chemical fertilizer Nitrogen compounds shall be measured using the method described in Commission Directive 77/535/EEC of 22 June 1977 on the approximation of the laws of the Member States relating to methods of sampling and analysis for fertilizers (1), as amended by Directive 89/519/EEC (2). Freshwaters, coastal waters and marine waters Nitrate concentration shall be measured in accordance with Article 4a (3) of Council Decision 77/795/EEC of 12 December 1977 establishing a common procedure for the exchange of information on the quality of surface fresh water in the Community (3), as amended by Decision 86/574/EEC (4). (1)OJ N° L 213, 22. 8. 1977, p. 1. (2)OJ N° L 265, 12. 9. 1989, p. 30. (3)OJ N° L 334, 24. 12. 1977, p. 29. (4)OJ N° L 335, 28. 11. 1986, p. 44. ANNEX V INFORMATION TO BE CONTAINED IN REPORTS TO IN ARTICLE 10 1. A statement of the preventive action taken pursuant to Article 4. 2. A map showing the following: (a) waters identified in accordance with Article 3 (1) and Annex I indicating for each water which of the criteria in Annex I was used for the purpose of identification; (b) the location of the designed vulnerable zones, distinguishing between existing zones and zones designated since the previous report. 3. A summary of the monitoring results obtained pursuant to Article 6, including a statement of the considerations which led to the designation of each vulnerable zone and to any revision of or addition to designations of vulnerable zones. 4. A summary of the action programmes drawn up pursuant to Article 5 and, in particular: (a) the measures required by Article 5 (4) (a) and (b); (b) the information required by Annex III (4); (c) any additional measures or reinforced actions taken pursuant to Article 5 (5); (d) a summary of the results of the monitoring programmes implemented pursuant to Article 5 (6); (e) the assumptions made by the Member States about the likely timescale within which the waters identified in accordance with Article 3 (1) are expected to respond to the measure in the action programme, along with an indication of the level of uncertainty incorporated in these assumptions.

Summary: Fighting water pollution from agricultural nitrates Fighting water pollution from agricultural nitrates SUMMARY OF: Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources WHAT IS THE AIM OF THE DIRECTIVE? It aims to reduce water pollution from nitrates used for agricultural purposes and prevent any further pollution. It forms an integral part of the Water Framework Directive (Directive 2000/60/EC — see summary) of the European Union (EU) and is closely linked to other EU policies which address air quality, climate change and agriculture. KEY POINTS EU Member States must: Designate as vulnerable zones all those draining into waters which are or could be affected by high nitrate levels and eutrophication*. The designation is reviewed and possibly revised at least every 4 years to take account of any changes that occur. Establish mandatory action programmes for these areas, taking into account available scientific and technical data and overall environmental conditions. Monitor the effectiveness of the action programmes. Test the nitrate concentration in fresh ground and surface water at sampling stations, at least monthly and more frequently during flooding. Carry out a comprehensive monitoring programme and submit — every 4 years — a detailed report on the directive’s implementation. The report includes information on nitrate-vulnerable zones, results of water monitoring and a summary of the relevant aspects of codes of good agricultural practices and action programmes. Draw up a code of good agricultural practice, which farmers apply on a voluntary basis. It sets out various good practices, such as when fertiliser use is inappropriate. Provide training and information for farmers, where appropriate. The European Commission provides a report every 4 years on the basis of the national information it has received. The latest report dates from 2018. Derogations The directive sets upper limits for the amount of nitrogen from manure that can be applied annually at 170 kg/ha. Where Member States so request, and provided that they can justify scientifically that this will not lead to higher pollution, the Commission can adopt implementing acts (decisions, in this case, which are referred to as ‘derogations’) that allow higher maximum limits of nitrogen from manure to be applied in specific areas and under particular conditions. These derogations do not exempt the Member States in question from the directive’s water quality objectives, nor from any other of its measures. The following derogation decisions are currently in force: Implementing Decision (EU) 2020/1074 granting a derogation requested by Denmark — valid 4 years, until 31 July 2024; Implementing Decision (EU) 2020/1073 granting a derogation requested by the Netherlands — valid 2 years, until 31 December 2021; Implementing Decision (EU) 2019/1325 granting a derogation requested by the United Kingdom with regard to Northern Ireland — valid 4 years, until 31 December 2022; Implementing Decision (EU) 2019/1205 granting a derogation requested by Belgium with regard to the region of Flanders — valid 4 years, until 31 December 2022; Implementing Decision (EU) 2018/209 granting a derogation requested by Ireland — valid 4 years, until 31 December 2021. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 19 December 1991 and had to become law in the Member States by 19 December 1993. BACKGROUND Nitrogen is a vital nutrient that helps plants and crops to grow. However, high concentrations are harmful to people and nature, and the agricultural use of nitrates in organic and chemical fertilisers can be a major source of water pollution. Farming is responsible for over 50% of total nitrogen discharges into surface waters. For more information, see: The EU Nitrates Directive — factsheet (European Commission) The Nitrates Directive (European Commission). KEY TERMS Eutrophication. The enrichment of water by nitrogen compounds, causing an accelerated growth of algae and higher forms of plant life to produce an undesirable disturbance to the balance of organisms present in the water and to the quality of the water concerned. MAIN DOCUMENT Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375, 31.12.1991, pp. 1–8). Successive amendments to Directive 91/676/EEC have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Commission Implementing Decision (EU) 2020/1073 of 17 July 2020 granting a derogation requested by the Netherlands pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 234, 21.7.2020, pp. 20–28). Commission Implementing Decision (EU) 2020/1074 of 17 July 2020 granting a derogation requested by Denmark pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 234, 21.7.2020, pp. 29–35). Commission Implementing Decision (EU) 2019/1325 of 27 May 2019 granting a derogation requested by the United Kingdom with regard to Northern Ireland pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 206, 6.8.2019, pp. 21–26). Commission Implementing Decision (EU) 2019/1205 of 12 July 2019 granting a derogation requested by Belgium with regard to the region of Flanders pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 190, 16.7.2019, pp. 1–10). Commission Implementing Decision (EU) 2018/209 of 8 February 2018 granting a derogation requested by Ireland pursuant to Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 39, 13.2.2018, pp. 5–10). Report from the Commission to the Council and the European Parliament on the implementation of Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources based on Member State reports for the period 2012–2015 (COM(2018) 257 final, 4.5.2018). last update 20.09.2021