31.12.82 Official Journal of the European Communities No L 378/19 COUNCIL DIRECTIVE of 10 December 1982 amending Directive 78/170/EEC 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 buildings (82/885/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the Euro- pean Economic Community, and in particular Article 103 thereof, Having regard to the proposal from the Commis- sion, Having regard to the opinion of the European Parliament (!), . Having regard to the opinion of the Economic and Social Committee (?), Whereas Directive 78/170/EEC (3) requires Member States to take all necessary measures to ensure that all new heat generators for space heating and/or the production of domestic hot water in new or existing non-industrial buildings comply with minimum per- formance requirements; Whereas the said Directive provides that compli- ance with these minimum performance requirements should be assured by an inspection carried out either at the stage of manufacture of the generator or at the time of installation; Whereas it further provides that, in the case of heat generators subject to inspection at the time of instal- lation, energy losses must not exceed the levels laid down by the Member States; Whereas it nevertheless provides that those appli- ances for which type-testing is not practicable will be the subject of a subsequent proposal after appro- priate technical studies have been carried out; Whereas, these studies having been duly completed, appropriate measures should be adopted in respect of the said heat generators; (') OJNoC175,14.7.1980, p. 12. (3) OJ No C 300, 18. 11. 1980, p. 6. () OJ No L 52,23.2.1978, p. 32. Whereas these studies show the need to provide for the possibility of an interval between the time of installation of a generator for which type-testing is not practicable and the time at which an on-site inspection is carried out; Whereas, moreover, these studies have led to the drafting of a code of practice indicating the proce- dures to be followed for the on-site performance testing of a liquid or gaseous fuel fired heat genera- tor subject to inspection in connection with its installation; Whereas it is consequently necessary for inspections of the generators in question to be carried out in compliance with the said code, which constitutes a minimum common basis throughout the Com- munity; whereas the provisions of the code do not apply to solid-fuel heat generators; Whereas it is appropriate that, in order to permit ready verification of compliance with the rules relat- ing to an inspection carried out in connection with installation, provision be made for a data plate simi- lar to that laid down for heat generators inspected at the stage of manufacture; whereas this plate may be replaced by the inspection report; whereas, in the event of non-compliance with the performance requirements or levels of energy loss, the inspection report will be sent to the competent administrative authority; Whereas the measures adopted to implement this Directive should incorporate the measures adopted for the approximation of the laws of the Member States in the fields concerned by this Directive and should be directed towards facilitating the work on harmonization or standardization in progress or to be undertaken in these fields at Community level or internationally; Whereas Directive 78/170/EEC should therefore be amended,