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

What it is

to amend Directive 2009/142/EC to ensure that appliances burning gaseous fuels on the market fulfil the requirements providing for a high level of protection of health and safety of users and protection of domestic animals or property and for rational use of energy. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND : Directive 2009/142/EC setting out the conditions for the placing on the market and putting into service of appliance burning gaseous fuels is based on the “New Approach” principles regarding technical harmonisation and standards. It sets out only the essential requirements applying to appliances burning gaseous fuels, whereas technical details are adopted by the European Committee for Standardisation (CEN) and the European Committee for Electrotechnical Standardisation (Cenelec) in accordance with Regulation (EU) No 1025/2012 on European Standardisation. The Committee on the Internal Market and Consumer Protection adopted a report drafted by Catherine STIHLER (S&D, UK) on the proposal for a regulation of the European Parliament and of the Council on appliances burning gaseous fuels. The committee recommended that the European Parliament’s position adopted at first reading under the ordinary legislative procedure should amend the Commission proposal as follows: Scope of the proposal : this Regulation should apply to domestic and non-domestic appliances intended for a number of specified applications burning gaseous fuels and to fittings designed to be incorporated into such appliances. Members proposed several amendments in order to strengthen the text from a point of view of consumer safety . The provisions of this Regulation do not affect the Member States’ entitlement to lay down rules concerning commissioning or periodic inspections of appliances burning gaseous fuels, or other measures such as installer training or certification, in order to ensure their correct installation, use and maintenance, including precautionary safety measures. Those rules and measures are essential in preventing gas poisoning, including from carbon monoxide (CO), and the leakage of any substances harmful to health and safety. Availability on the market and putting into service : it is stated that appliances shall only be made available on the market and put into service if, when normally used , they comply with this Regulation. Fittings : Members considered that fittings should satisfy the essential requirements so as to fulfil correctly their intended purpose when incorporated into an appliance or assembled to constitute such an appliance. It is considered justified that fittings should also bear the CE marking . Exceptions should be provided for in cases where the size or nature of the appliance or fitting does not allow it. Given that the fitting should bear the CE marking, Members proposed deleting the obligation of manufacturers to issue a fitting conformity certificate. Alignment with the New Legislative Framework (NLF) : the proposal seeks to…

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