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Dokument 52014SC0150
COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT Accompanying the document Proposal of a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on appliances burning gaseous fuels
COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT Accompanying the document Proposal of a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on appliances burning gaseous fuels
COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT Accompanying the document Proposal of a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on appliances burning gaseous fuels
SWD/2014/0150 final - 2014/0136 (COD)
COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT Accompanying the document Proposal of a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on appliances burning gaseous fuels /* SWD/2014/0150 final */
COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT Accompanying the document Proposal of a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on appliances burning gaseous
fuels 1. Problem Definition Despite successful functioning of the Gas
Appliances Directive 2009/142/EC (GAD), a broad consensus exists that it needs some
improvements. This view was shared also by the majority of the respondents to the
Public Consultation (2011-2012). Both the Public
Consultation and the Impact Assessment Study (2012) gave a lot of emphasis on
the identification of potential real problems and their causes. The in-depth
analysis of all available data and the changes proposed showed that there was
no evidence available justifying for expanding the scope for safety reasons.
Regarding the functioning of the internal market no specific problems
associated with barriers to trade could be identified. Consequently, there was
no justification for bringing new products under the scope. The areas of improvements do not involve
major changes. The legal framework will remain unchanged and the changes are
likely to involve minimal or no impacts. However, the following issues will
need to be addressed: Issue 1: Alignment of the GAD with the New
Legislative Framework (NLF) Decision No 768/2008/EC Many of the general problems identified by
the NLF have also been observed in the context of implementing the GAD like
differences between the qualities of the services provided by the notified bodies
and their evaluation and monitoring practises. The legal framework is also experienced
complex and inconsistent. The Impact Assessment Report on the NLF
Alignment Package has already examined in depth the different options to give
effect to the NLF Decision. Since the options and their impacts are exactly the
same for the GAD, the GAD Impact Assessment Report did not examine these
aspects. Issue 2: Removal of the 105oC
temperature limit from the definition of the scope The limit was originally introduced since
the hazards due to pressure for the concerned products were subject to national
legislation in most of Member States at the time the GAD was adopted.
Currently, these hazards are under EU harmonisation legislation implying that
no risk to conflict with national legislation exists thus the exclusion is not
considered to serve any more a useful purpose. Issue 3: The introduction of the currently
missing definitions The current wording of the definition of
the scope is not precise and has led to the need for interpretation. This is
because the scope is defined by providing a list of uses of products, but no
definitions for the uses are provided. In the past, lots of efforts have been
put to interpret the scope which, however, does not provide the necessary legal
certainty and stability requested by stakeholders. Issue 4: The inadequate contents of the communication
of the types of gas and the corresponding supply pressures The types of gas and corresponding supply
pressures are not subject to harmonisation in the framework of the GAD. In
order to ensure the availability of this safety and performance relevant data,
Article 2(2) requires that Member States must communicate the types of gas and
corresponding supply pressures used on their territories. The information currently communicated on
the gas supply conditions is not sufficient. Since the GAD does neither define which
parameters should be provided nor harmonises the format of the communications, there
is a need to determine these parameters and to define a common form to ensure the
adequacy and comparability of the information. This would also ensure that the increase
in the use of biogas would be appropriately dealt with by the GAD. Issue 5: The clarification of the
relationship between the GAD and the EU legislation on energy efficiency The Essential Requirement 3.5. dealing with
“rational use of energy” is very generic while the requirements under the
Ecodesign Directive and its implementing measures are very detailed. Also the
terminology used in the GAD is outdated and must be aligned with the modern one
used in the recent EU energy efficiency legislation. As the EU energy efficiency legislation is
evolving fast and new implementing measures under the Ecodesign Directive
applying to an ever-larger range of gas appliances will be introduced, it is necessary
to clarify the application of the Essential Requirement 3.5. where more
specific legislation exists. Issue 6: Clarity of the provisions of
the GAD No other problems have been identified with
the provisions of the GAD. Also the Essential Requirements have proved well
cover the gas risks that appliances and fittings may present. There are some broader safety concerns, in
particular relating to CO poisoning which is the leading cause of fatalities
associated with gas appliances. This appears to be related to matters outside
the scope of the GAD, such as shortcomings in installation, lack of maintenance
and incorrect use of appliances. The GAD does currently not specify the
general design principles that must be applied in order to achieve the safety
of appliances and fittings. Although these principles are already considered
being included in the current Essential requirements, it would be better to
provide them in the legal text in order to avoid irresponsible parties to use
e.g. only warnings instead of designing inherently safe products. The introduction
the principles for safety integration would also facilitate market surveillance. Necessity for public intervention The EU action in this area is based on
Article 114 of the TFEU. The aspects addressed in this context are already
regulated by the GAD. This legislation does not however address the identified
problem issues effectively. The study carried out and the conclusions on the
options examined have shown that the issues will remain if the Directive is not
revised. 2. Analysis of subsidiarity The proper and effective functioning of the
internal market requires common rules for gas appliances as regards health and
safety risks due to use of gas as well as for their energy efficiency. In order to avoid actions taken at national
level creating obstacles to the free movements of appliances, any changes to
the scope, procedures or requirements must be carried out at EU level. This would
also improve the legal clarity, contribute to reduction of cost to manufacturers
and ensure a common European framework for placing on the market of appliances
and fittings. The subsidiarity principle arises also with
regard to the new provisions of the revision relating to the alignment with the
NLF decision. Experience has shown that measures taken at national level have
led to divergent approaches inside the EU, undermining the objectives of
Internal Market Coordinated action at EU level can also much
better achieve the objectives set, and will in particular render market
surveillance more effective. 3. Objectives The objectives of this initiative are presented
in Table 1. Table 1: General, specific and operational
policy objectives GENERAL || SPECIFIC || OPERATIONAL Better protect health and safety of users of gas appliances and fittings as well as to ensure their appropriate performance || Ensure that adequate safety and performance relevant data available on the framework conditions || Specify the contents of information to be communicated on the types of gas and corresponding supply pressures used in Member States Ensure the clarity of the requirements || Clarify the provisions Improve the fair playing field for sector's economic operators || Ensure legal clarity regarding the application of more specific EU legislation || Introduce a new general Article on more specific EU legislation Clarify the Essential Requirement 3.5. on the rational use of energy Simplify the European regulation environment in the field of gas appliances and fittings || Ensure that legislation is up to date || Remove the outdated exclusion of appliances with a normal water temperature that exceeds 105oC Ensure clarity of the scope || Clarify the scope by providing sector specific definitions 4. Policy Options Three alternative policy options have been
considered: (a)
the “do nothing” as baseline option; (b)
the “soft law” option (non-legislative
alternative consisting of issuing interpretation); and (c)
the “legislative measure” option (change of the
legal text). The analysis of impacts of the policy
options was separately carried out for each of the identified areas of
improvement. First all the policy options for each problem were subject to a separate
qualitative analysis. Next an in-depth analysis of the social and economic
impacts of all the options was undertaken. 5. Assessment of Impacts The types of impacts assumed to be the most
relevant to revision are provided in Table 2. Table 2: The types of impacts being most
relevant to revision of the GAD Pre-screening of the Relevance of the Impacts Impact type || Relevant? Economic impacts Functioning of the internal market and competition || Relevant Competitiveness, trade and investment flows || Possibly Relevant Operating costs and conduct of business/SMEs || Relevant Administrative burdens on businesses || Relevant Public authorities || Relevant Innovation and research || Possibly Relevant Consumers and households || Relevant Third countries and international relations || Possibly Relevant Social impacts Employment and labour markets || Possibly Relevant Standards and rights related to job quality || Possibly Relevant Public health and safety || Relevant Since the modification of the scope cannot
be justified, the GAD legal framework will remain unchanged. As a consequence,
the affected economic operators and the other stakeholders will also remain the
same as currently and the suggested changes represent rather an exercise to
improve the readability and clarity of the scope, the Essential Requirements
and other provisions. The absence of particular concrete problems
that need to be addressed implies that the proposed modifications do not have
significant economic, social or environmental impacts except the minor impacts
of clarifications which will yet highly facilitate the application of the GAD.
Consequently, it is impossible to derive quantitative data on any specific
impacts. Therefore the expected marginal benefits have been dealt with in a
proportionate way carrying out a qualitative assessment enabling selection of
the preferred option. For instance, it is possible to assess whether the
proposed changes are favourable to safety and whether the effects of an option
provide a steady solution to the identified issue. To the extent possible, it was assessed,
whether the implementation of a proposed change entails costs to manufacturers
and authorities. However, it should be noted that it was not possible to
monetise the effects since the proposed changes do not change in practise the
legal framework. The social impacts consist of benefits to
the health and safety of the installers and users of gas appliances. However,
the improved legal clarity and availability of data relevant for ensuring safe
and energy efficient products may also have a slight positive impact on
employment and achieving objectives like the Europe 2020 target of a 20%
increase in energy efficiency. Summary of the results of the main impacts
and their extent is presented below in Table 3. Table 3: The most relevant impacts to
revision of the GAD Impacts of the preferred sub-options || Issue 2 || Issue 3 || Issue 4 || Issue 5 || Issue 6 Social impact || No impacts except ensures safety of products with a normal water temperature above 105oC || Slight reduction of non-compliant products || Safety of users and installer is improved || Contributes reaching Europe 2020 target, reduction of non-compliant products || Improved used safety, reduction of non-compliant products Economic impact || Impact on cost-competitiveness || None || Clearer scope facilitates interpretation || Savings through technical and legal clarity || Savings through technical and legal clarity || Clearer legal situation, easier market surveillance Impact on capacity to innovate || None || None || Increased readiness to invest on product development, easier market access || Product development facilitated || None Impact on international competitiveness || None || None || None || More sophisticated designs improve international competitiveness || None Impact in SMEs || None || None || None || None || None 6. Comparison of Options On the basis of the outcome of the in-depth
assessment of the options, a comparison was performed to determine which options
would deliver net benefits. Next the results of the comparisons were brought to
one comparison table in order to visualise the impacts and to select the preferred
options (Table 4). The criteria used in the options appraisal included the effectiveness,
the efficiency and the coherence of the option. Table 4. Comparison of the policy options || Effectiveness || Efficiency Costs Benefits || Coherence (does the option contribute to better regulation and Single Market Act) Scope - Product coverage a) Do nothing || 0 || 0 || 0 || 0 b) Soft law || 0 Specific objective not met as the 105oC temperature limit remains making it possible to avoid applying the GAD || - Costs due to remaining interpretation needs || 0 None identified || 0 No change, no contribution c) Legislative measure || ++ Specific objectives fully met; improvement of health and safety; clear legal situation || 0 No impact but in theory a more level playing field for manufacturers || + Legal clarity reduces administrative burden thus costs || ++ Optimally contributing option; clear legal situation Sector specific terminology and definitions a) 0 || 0 || 0 || 0 b) + Specific objectives partly met but legal clarity not reached; new interpretation needs will arise in case of innovative products || - Costs due to remaining interpretation needs on case by case basis || + Slight reduction of non-compliant products || + Will slightly contribute c) ++ Specific objectives fully met as the scope and Essential Requirements are clarified; clear legal situation || 0 No specific costs; clarification facilitates implementation resulting in savings || ++ Legal clarity reduces administrative burden; reduction of non-compliant products thus improved safety || ++ Optimally contributing option; clear legal situation assured Communication of the types of gas and the corresponding supply pressures a) 0 || 0 || 0 || 0 b) - Specific objectives not met as guidance may result in reliance on safety relevant data without cross-checking implying that unsafe designs might enter the market, no guarantee of quality of data || - Costs related to frequent need to update guidance, costs due to difficulties to obtain adequate data || - Does not guarantee reduction of non-compliant products, may mislead stakeholders to rely on data provided || - No contribution c) ++ Specific objectives fully met; adequate health, safety and performance relevant information is made available; clear legal situation || ++ Cost savings as reliable data available; reduction of administrative burden; means to verify the compatibility of products facilitates market access || ++ Reduction of non-compliant products; legal and technical clarity reduces costs; product development facilitated || ++ Optimally contributing option; clear legal situation assured Rational use of energy a) 0 || 0 || 0 || 0 b) + Specific objectives partly met, improved clarity regarding more specific legislation, but difficulties to identify which regulations should be applied remain || - Costs related to developing guidance, costs for manufacturers due to administrative burden to identify applicable legislation || + Guidance would slightly facilitate identification of legislation; minor reduction of non-compliant products || 0 Will slightly contribute; unclear legal situation remains unchanged c) ++ Specific objectives fully met as coherence of EU legislation is achieved; legal clarity is provided || + Administrative burden is reduced, identification of legislation s is facilitated, overlapping of requirements is avoided bringing savings || ++ Reduction of non-compliant products; clarified legal situation facilitates development of new products || ++ Optimally contributing option; contributes to Europee 2020 objective to improve energy efficiency; increases coherence of EU legislation Requirements a) 0 || 0 || 0 || 0 b) 0 Only marginal impacts as no shortcomings with the current requirements were identified || - Minor costs related to developing guidance || + Slight reduction of non-compliant products || + Will slightly contribute c) ++ Specific objectives fully met, clarity of legal requirements is ensured || + No specific costs except cost savings for market surveillance || + Improved readability of requirements reduces administrative burden; market surveillance is facilitated || + Will slightly contribute 7. Monitoring and Evaluation The monitoring and evaluation of the
effectiveness of the legislation will be based on the feedback received through
the various cooperation mechanisms like the Working Group Gas Appliances and
the GAD Administrative Cooperation group. In particular the GAD ADCO group will
discuss the national market surveillance programs and the outcome of their
execution, number of non-compliant products detected, types of non-compliances,
etc. The Member States will be invited to use the RAPEX system, the ICSMS
database as well as the safeguard clause notification procedure. Additional
feedback will be obtained from the cooperation mechanisms provided for by NLF
Regulation 765/2008. Different indicators based on information provided by the
authorities will be used to monitor the reduction of non-compliant products In line with its “Smart regulation” policy
the Commission will evaluate the effectiveness of the Gas Appliances Regulation
within a period of 5 up to a maximum of 10 years after the date of application
of the Regulation.