Keywords
Summary

Keywords

1 Approximation of laws - Appliances burning gaseous fuels - Directive 90/396 - Complete harmonisation - National rules impeding the putting into service of heaters which comply with the Directive - Not permissible

(Council Directive 90/396, Art. 4(1))

2 Free movement of goods - Derogations - Purpose - Existence of directives on the approximation of laws - Effects

(EC Treaty, Art. 36)

Summary

1 Directive 90/396 on the approximation of the laws of the Member States relating to appliances burning gaseous fuels has completely harmonised the essential requirements which gas appliances must satisfy. Consequently, if the appliances referred to in the Directive meet those requirements, that is sufficient to enable them to be placed on the market and put into service. A Member State therefore fails to fulfil its obligations under that Directive if it establishes and maintains in force a system which, in cases where gas appliances are newly installed or converted, requires that only `sealed' heaters be used in living areas, thereby implicitly prohibiting the installation of other types of heater which comply with the Directive.

2 Where Community directives provide for the harmonisation of the measures necessary to ensure the protection of animal and human health and establish Community procedures to monitor compliance, recourse to Article 36 of the Treaty is no longer justified and the appropriate checks must be carried out and the measures of protection adopted within the framework outlined by the harmonising directive.