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Summaries of EU Legislation

Appliances burning gaseous fuels (from 2018)

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Appliances burning gaseous fuels (from 2018)

 

SUMMARY OF:

Regulation (EU) 2016/426 on appliances burning gaseous fuels

WHAT IS THE AIM OF THE REGULATION?

  • It modifies and updates rules set out in earlier legislation (Directive 2009/142/EC).
  • It establishes the rules for the placing on the market and putting into service of appliances burning gaseous fuels and their fittings.
  • It provides access to the European Union (EU) market for the appliances and fittings covered as far as their gas safety is concerned.
  • It deals with the energy efficiency of these products, unless other more specific EU legislation applies.

KEY POINTS

Scope

  • The regulation applies to gas appliances and fittings where:
    • ‘appliances’ are appliances burning gaseous fuels used for cooking, heating, hot water production, refrigeration, lighting or washing as well as forced draught burners* and heaters to be equipped with such burners;
    • ‘fittings’ are safety devices, controlling devices or regulating devices and their parts, designed to be fitted into an appliance burning gaseous fuel or used to build such an appliance.
  • The regulation does not apply to specially designed appliances for use:
    • in industrial processes carried out on industrial premises;
    • on aircraft and railways; or
    • for temporary research purposes in laboratories.

Conditions to be met when placing appliances or fittings on the market

  • Appliances and fittings must comply with the regulation — whose essential requirements are set out in Annex I — before they can be placed on the market and put into service in the EU.
  • Appliances covered by the regulation must be designed and built in such a way as to operate safely and present no danger to persons, domestic animals or property when used normally*.
  • All appliances must be accompanied by:
    • technical instructions for the installer, containing all the instructions for installation, adjustment and servicing required to ensure that those operations are correctly performed, and that the appliance may be used safely, including, for example
      • details of the type of gas and supply pressure used
      • the flow of fresh air required, as well as
      • the conditions for the dispersal of combustion products;
    • instructions for use and servicing intended for the user containing all the information required for safe use and drawing the user’s attention to any restrictions on use;
    • warnings indicating the type of gas to be used, the gas supply pressure and any restrictions on use, in particular the restrictions on installing the appliance only in areas where there is sufficient ventilation.

Type-examination

  • The manufacturer must lodge an application for an EU type-examination with a single notified body*. This application must include:
    • the manufacturer’s name and address;
    • a written declaration that the application has not been lodged with any other notified body;
    • technical documentation, as described in this regulation.
  • Where the type satisfies the criteria laid down by this regulation, the notified body must issue an EU type-examination certificate to the applicant.

EU declaration of conformity

  • Before placing an appliance or a fitting type on the market, the manufacturer must subject it to a production phase surveillance by a notified body.
  • After a successful conformity assessment of the product, the manufacturer must draw up an EU declaration of conformity* declaring that the product concerned conforms to the requirements of this regulation.
  • The gas appliance or its data plate must bear the CE marking and the following information:
    • the manufacturer’s name;
    • registered trade name;
    • appliance category; and
    • the gas supply pressure;
    • the last two digits of the year in which the ‘CE’ marking was added.
  • Manufacturers must
    • keep relevant technical documentation and the EU declaration of conformity for 10 years after the placing on the market of the appliance/fitting;
    • inform national authorities of any appliance that might pose a risk.
  • Importers must ensure that appliances and fittings that they place on the market comply with this regulation, including that conformity assessment procedures have been carried out and that the CE marking and documentation drawn up by manufacturers are available for inspection by the authorities. Their name and contact details should be indicated on the appliance or fitting.
  • Distributors must
    • ensure they act with due care to ensure that their handling of an appliance or fitting does not affect its compliance;
    • verify that any appliance they make available on the market bears the CE marking and is accompanied by a declaration of conformity
  • EU governments inform the European Commission of the notified bodies which are authorised to carry out the conformity assessment tasks.
  • The Commission coordinates the mutual collaboration between national authorities.
  • EU countries must inform the Commission of the types of gas and corresponding supply pressures used on their territory by 21 October 2017. They must also notify any subsequent changes in these conditions in advance.
  • EU countries must have penalties in place for any violations of the law by 21 March 2018.

FROM WHEN DOES THE REGULATION APPLY?

It applies from 21 April 2018, apart from certain articles dealing largely with notification bodies and procedures, as well as the notification of the types of gas and corresponding supply pressures used on EU countries’ territories. These apply from 21 October 2016.

BACKGROUND

For more information, see:

* KEY TERMS

Forced draught burner: the air is brought into the head of the burner by means of a forced draught blower or fan.

Normal use: considered to be when an appliance is:

  • correctly installed and regularly serviced according to the manufacturer’s instructions;
  • used with a normal variation in the gas quality and a normal fluctuation in the supply pressure;
  • used in accordance with its intended purpose or in a way which can be reasonably expected.

Notified body: It assesses conformity under the conditions laid down by EU regulations. This is a service offered to manufacturers in the public interest.

EU declaration of conformity to type: a manufacturer declares that the appliances conform with the type as described in the EU type-examination certificate and satisfy the essential requirements of this regulation (CE marking).

MAIN DOCUMENT

Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC (OJ L 81, 31.3.2016, pp. 99–147)

RELATED DOCUMENTS

Directive 2009/142/EC of the European Parliament and of the Council of 30 November 2009 relating to appliances burning gaseous fuels (OJ L 330, 16.12.2009, pp. 10–27)

last update 06.03.2017

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