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The Royal Decree of 3 July 1992 converts into Belgian law the European Community Council Directive of 29 June 1990 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels (European Directive 90/396/EC consolidated by European Directive 2009/142/EC). This directive sets out the conditions for placing gas appliances on the market. It applies to all products that are intended to be placed on market (or to be used) in the territory of the Community and which fall under the scope of application that is set forth below. It applies both to new products and to products that have undergone major changes that may have an impact on the safety of people, goods and animals. In addition to the provisions of the RD of 3 July 1992, gas appliances must also comply with all rules and directives (e.g. the Low Voltage Directive and the Electromagnetic Compatibility Directive).
Scope of application
Specifically, the RD of 3 July 1992 which transposes European Directive 90/396/EC consolidated by European Directive 2009/142/EG applies to:
- appliances used for cooking, heating, hot water production, cooling, lighting or washing, that burn gaseous fuels and which, if applicable, have a normal water temperature of 105 °C at most, as well as forced draught burners and heat generators intended to be equipped with this type of burner, hereafter referred to as "appliances";
- safety, control and regulation devices and components with the exception of forced draught burners and heat generators intended to be equipped with this type of burner which are placed separately on the market for professional use and which are intended to be integrated in or assembled into a gas appliance, hereafter referred to as "equipment".
Appliances that are specifically intended for use in industrial processes in industrial businesses are excluded from the scope defined in the previous paragraph.
Procedure for placing gas appliances on the market
The appliances and equipment may only be brought to the market and used if they comply with all the provisions of the Royal Decree of 3 July 1992. This means that they must comply with:
- the fundamental provisions as set out in appendix 1 of the RD of 3 July 1992;
- the conformity evaluation procedures provided for in article 7 of the RD
The appliances and equipment are deemed to comply with the fundamental safety provisions of Directive 90/396/EC consolidated by the European Directive 2009/142/EC if they comply with:
- Belgian or foreign standards relating to them which transpose European standards and harmonisation documents whose references have been published in the Official Journal of the European Communities;
- Belgian or foreign standards relating to them, insofar as no European standard or harmonisation document exists for this purpose.
Violations of the provisions of the RD of 3 July 1992 shall be investigated, established and punished in accordance with the provisions of the Code of Economic Law book XV.