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Regulation (EU) 2016/426 of the European Parliament and of the CouncilShow full title

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 (Text with EEA relevance)

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  • Art. 2(14) words substituted by S.I. 2019/696 Sch. 36 para. 2(3)(a) (This amendment not applied to legislation.gov.uk. Sch. 36 para. 2(3)(a) substituted immediately before IP completion day by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 25(4))
  • Art. 2(15) words substituted by S.I. 2019/696 Sch. 36 para. 2(3)(a) (This amendment not applied to legislation.gov.uk. Sch. 36 para. 2(3)(a) substituted immediately before IP completion day by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 25(4))
  • Art. 2(16) words substituted by S.I. 2019/696 Sch. 36 para. 2(3)(a) (This amendment not applied to legislation.gov.uk. Sch. 36 para. 2(3)(a) substituted immediately before IP completion day by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 25(4))
  • Art. 2(18) substituted by S.I. 2019/696 Sch. 36 para. 2(3)(b) (This amendment not applied to legislation.gov.uk. Sch. 36 para. 2(3)(b) omitted immediately before IP completion day by virtue of S.I. 2020/1460, reg. 1(4), Sch. 3 para. 3)
  • Art. 2(18) words substituted in earlier amending provision S.I. 2019/696, Sch. 36 para. 2(3)(b) by S.I. 2020/852 reg. 4(2) Sch. 1 para. 1(v)(ii) (This amendment not applied to legislation.gov.uk. Sch. 1 para. 1(v)(ii) omitted immediately before it comes into force by virtue of S.I. 2020/1460, regs. 1(3), Sch. 4 para. 1(3))
  • Art. 23(2A) inserted by S.I. 2024/504 reg. 18(b)

  1. Introductory Text

  2. CHAPTER I GENERAL PROVISIONS

    1. Article 1.Scope

    2. Article 2.Definitions

    3. Article 3.Making available on the market and putting into service

    4. Article 4.Gas supply conditions

    5. Article 5.Essential requirements

    6. Article 6.Making available, putting into service and exhibition at trade fairs, etc

    7. Article 6A.Designated standard

  3. CHAPTER II OBLIGATIONS OF ECONOMIC OPERATORS

    1. Article 7.Obligations of manufacturers

    2. Article 8.Authorised representatives

    3. Article 9.Obligations of importers

    4. Article 10.Obligations of distributors

    5. Article 11.Cases in which obligations of manufacturers apply to importers and distributors

    6. Article 12.Identification of economic operators

  4. CHAPTER III CONFORMITY OF APPLIANCES AND FITTINGS

    1. Article 13.Presumption of conformity of appliances and fittings

    2. Article 14.Conformity assessment procedures for appliances and fittings

    3. Article 15.... Declaration of conformity

    4. Article 16.General principles of the UK marking

    5. Article 17.Rules and conditions for affixing the UK marking

    6. Article 18.Inscriptions

  5. CHAPTER IV APPROVAL OF CONFORMITY ASSESSMENT BODIES

    1. Article 19.Notification

    2. Article 20.Approval of conformity assessment bodies

    3. Article 21.UK national accreditation body

    4. Article 22.Monitoring obligations

    5. Article 23.Approved Body Requirements

    6. Article 24.Presumption of conformity of approved bodies

    7. Article 25.Subsidiaries of, and subcontracting by, approved bodies

    8. Article 26.Application for notification

    9. Article 27.Notification procedure

    10. Article 28.Identification numbers and register of approved bodies

    11. Article 29.Restriction, suspension or withdrawal of approval

    12. Article 30.Challenge of the competence of notified bodies

    13. Article 31.Operational obligations of approved bodies

    14. Article 32.Appeal against decisions of approved bodies

    15. Article 33.Information obligation on approved bodies

    16. Article 34.Exchange of experience

    17. Article 35.Coordination of notified bodies

  6. CHAPTER V MARKET SURVEILLANCE AND CONTROL OF APPLIANCES AND FITTINGS ENTERING THE MARKET OF GREAT BRITAIN

    1. Article 36.Market surveillance and control of appliances and fittings entering the United Kingdom market

    2. Article 37.Procedure ... for dealing with appliances or fittings presenting a risk

    3. Article 38.Union safeguard procedure

    4. Article 39.Compliant appliances or fittings which present a risk

    5. Article 40.Formal non-compliance

  7. CHAPTER VI DELEGATED ACTS AND COMMITTEE PROCEDURE

    1. Article 41.Exercise of the delegation

    2. Article 42.Committee procedure

  8. CHAPTER VII TRANSITIONAL AND FINAL PROVISIONS

    1. Article 43.Penalties

    2. Article 44.Transitional provision in relation to EU exit

    3. Article 45.Repeal

    4. Article 46.Entry into force and application

  9. Signature

    1. ANNEX I

      ESSENTIAL REQUIREMENTS

      1. PRELIMINARY OBSERVATIONS:

        1. 1. The essential requirements laid down in this Regulation are compulsory....

        2. 2. The essential requirements are to be interpreted and applied in...

      2. 1. GENERAL REQUIREMENTS

        1. 1.1. Appliances shall be so designed and constructed as to operate...

        2. 1.2. The manufacturer is under an obligation to analyse the risks...

        3. 1.3. In selecting the most appropriate solutions, the manufacturer shall apply...

        4. 1.4. When designing and constructing the appliance, and when drafting the...

        5. 1.5. All appliances shall:

        6. 1.6.1. The instructions for installation intended for the installer shall contain...

        7. 1.6.2. The instructions for use and servicing intended for the user...

        8. 1.6.3. The warning notices on the appliance and its packaging shall...

        9. 1.7. The instructions for incorporation of the fitting into an appliance...

      3. 2. MATERIALS

      4. 3. DESIGN AND CONSTRUCTION

        1. 3.1. General

          1. 3.1.1. Appliances shall be so designed and constructed that, when normally...

          2. 3.1.2. Condensation produced at the start-up and/or during use shall not...

          3. 3.1.3. Appliances shall be so designed and constructed as to minimise...

          4. 3.1.4. Appliances shall be so designed and constructed that water and...

          5. 3.1.5. In the event of a normal fluctuation of auxiliary energy,...

          6. 3.1.6. Abnormal fluctuation or failure of auxiliary energy or its restoration...

          7. 3.1.7. Appliances shall be so designed and constructed as to obviate...

          8. 3.1.8. Appliances shall be so designed and constructed as to obviate...

          9. 3.1.9. All pressurised parts of an appliance shall withstand the mechanical...

          10. 3.1.10. Appliances shall be so designed and constructed that failure of...

          11. 3.1.11. If an appliance is equipped with safety and controlling devices,...

          12. 3.1.12. All parts of appliances which are set or adjusted at...

          13. 3.1.13. Levers and other controlling and setting devices shall be clearly...

        2. 3.2. Unburned gas release

          1. 3.2.1. Appliances shall be so designed and constructed that the gas...

          2. 3.2.2. Appliances shall be so designed and constructed that gas release...

          3. 3.2.3. Appliances intended to be used in indoor spaces and rooms...

          4. 3.2.4. Appliances designed and constructed to burn gas containing carbon monoxide...

        3. 3.3. Ignition

        4. 3.4. Combustion

          1. 3.4.1. Appliances shall be so designed and constructed that, when normally...

          2. 3.4.2. Appliances shall be so designed and constructed that, when normally...

          3. 3.4.3. Appliances connected to a flue for the dispersal of combustion...

          4. 3.4.4. Appliances shall be so designed and constructed that, when normally...

        5. 3.5. Rational use of energy

        6. 3.6. Temperature

          1. 3.6.1. Parts of appliances which are intended to be installed or...

          2. 3.6.2. The surface temperature of parts of appliances intended to be...

          3. 3.6.3. The surface temperatures of external parts of appliances, with the...

        7. 3.7. Contact with food and water intended for human consumption

    2. ANNEX II

      CONTENT ... OF THE GAS SUPPLY CONDITIONS TO BE PUBLISHED UNDER ARTICLE 4

      1. 1. The Secretary of State must provide the following content in...

      2. 2. The reference conditions for Wobbe index and gross calorific value...

    3. ANNEX III

      CONFORMITY ASSESSMENT PROCEDURES FOR APPLIANCES AND FITTINGS

      1. 1. MODULE B: ... TYPE-EXAMINATION — PRODUCTION TYPE

        1. 1.1. ... Type-examination is the part of a conformity assessment procedure...

        2. 1.2. ... Type-examination shall be carried out by assessment of the...

        3. 1.3. The manufacturer shall lodge an application for ... type-examination with...

          1. 1.3.1. The application shall include the following:

          2. 1.3.2. Where appropriate, the manufacturer shall also submit to the approved...

        4. 1.4. The approved body shall:

        5. 1.5. The approved body shall draw up an evaluation report that...

        6. 1.6. Where the appliance or the fitting type meets the requirements...

        7. 1.7. The approved body shall keep itself apprised of any changes...

        8. 1.8. Each approved body shall inform the Secretary of State concerning...

        9. 1.9. The manufacturer shall keep a copy of the ... type-examination...

        10. 1.10. The manufacturer's authorised representative may lodge the application referred to...

      2. 2. MODULE C2: CONFORMITY TO TYPE BASED ON INTERNAL PRODUCTION CONTROL...

        1. 2.1. Conformity to type based on internal production control plus supervised...

        2. 2.2. Manufacturing

        3. 2.3. Product checks

        4. 2.4. UK marking and ... declaration of conformity

          1. 2.4.1. The manufacturer shall affix the UK marking to each individual...

          2. 2.4.2. The manufacturer shall draw up a written ... declaration of...

        5. 2.5. Authorised representative

      3. 3. MODULE D: CONFORMITY TO TYPE BASED ON QUALITY ASSURANCE OF...

        1. 3.1. Conformity to type based on quality assurance of the production...

        2. 3.2. Manufacturing

        3. 3.3. Quality system

          1. 3.3.1. The manufacturer shall lodge an application for assessment of his...

          2. 3.3.2. The quality system shall ensure that the appliances or fittings...

          3. 3.3.3. The approved body shall assess the quality system to determine...

          4. 3.3.4. The manufacturer shall undertake to fulfil the obligations arising out...

          5. 3.3.5. The manufacturer shall keep the approved body that has approved...

        4. 3.4. Surveillance under the responsibility of the approved body

          1. 3.4.1. The purpose of surveillance is to make sure that the...

          2. 3.4.2. The manufacturer shall, for assessment purposes, allow the approved body...

          3. 3.4.3. The approved body shall carry out periodic audits at least...

          4. 3.4.4. In addition, the approved body may pay unexpected visits to...

        5. 3.5. UK marking and ... declaration of conformity

          1. 3.5.1. The manufacturer shall affix the UK marking and, under the...

          2. 3.5.2. The manufacturer shall draw up a written ... declaration of...

        6. 3.6. The manufacturer shall, for a period ending at least 10...

        7. 3.7. Each approved body shall inform the Secretary of State of...

        8. 3.8. Authorised representative

      4. 4. MODULE E: CONFORMITY TO TYPE BASED ON PRODUCT QUALITY ASSURANCE...

        1. 4.1. Conformity to type based on product quality assurance is that...

        2. 4.2. Manufacturing

        3. 4.3. Quality system

          1. 4.3.1. The manufacturer shall lodge an application for assessment of his...

          2. 4.3.2. The quality system shall ensure compliance of the appliances or...

          3. 4.3.3. The approved body shall assess the quality system to determine...

          4. 4.3.4. The manufacturer shall undertake to fulfil the obligations arising out...

          5. 4.3.5. The manufacturer shall keep the approved body that has approved...

        4. 4.4. Surveillance under the responsibility of the approved body

          1. 4.4.1. The purpose of surveillance is to make sure that the...

          2. 4.4.2. The manufacturer shall, for assessment purposes, allow the approved body...

          3. 4.4.3. The approved body shall carry out periodic audits at least...

          4. 4.4.4. In addition, the approved body may pay unexpected visits to...

        5. 4.5. UK marking and ... declaration of conformity

          1. 4.5.1. The manufacturer shall affix the UK marking and, under the...

          2. 4.5.2. The manufacturer shall draw up a written ... declaration of...

          3. 4.6. The manufacturer shall, for a period ending at least 10 years...

        6. 4.7. Each approved body shall inform the Secretary of State of...

        7. 4.8. Authorised representative

      5. 5. MODULE F: CONFORMITY TO TYPE BASED ON PRODUCT VERIFICATION

        1. 5.1. Conformity to type based on product verification is the part...

        2. 5.2. Manufacturing

        3. 5.3. Verification

        4. 5.4. Verification of conformity by examination and testing of every appliance...

          1. 5.4.1. All appliances or fittings shall be individually examined and appropriate...

          2. 5.4.2. The approved body shall issue a certificate of conformity in...

        5. 5.5. Statistical verification of conformity

          1. 5.5.1. The manufacturer shall take all measures necessary so that the...

          2. 5.5.2. A random sample shall be taken from each lot in...

          3. 5.5.3. The approved body shall apply a sampling system with the...

          4. 5.5.4. If a lot is accepted, all appliances or fittings of...

          5. 5.5.5. If a lot is rejected, the approved body or the...

        6. 5.6. UK marking and ... declaration of conformity

          1. 5.6.1. The manufacturer shall affix the UK marking and, under the...

          2. 5.6.2. The manufacturer shall draw up a written ... declaration of...

        7. 5.7. If the approved body agrees and under its responsibility, the...

        8. 5.8. Authorised representative

      6. 6. MODULE G: CONFORMITY BASED ON UNIT VERIFICATION

        1. 6.1. Conformity based on unit verification is the conformity assessment procedure...

        2. 6.2. Technical documentation

          1. 6.2.1. The technical documentation shall, wherever applicable, contain at least the...

          2. 6.2.2. Where appropriate, the manufacturer shall also submit to the approved...

        3. 6.3. Manufacturing

        4. 6.4. Verification

        5. 6.5. UK marking and ... declaration of conformity

          1. 6.5.1. The manufacturer shall affix the UK marking and, under the...

          2. 6.5.2. The manufacturer shall draw up a written ... declaration of...

        6. 6.6. Authorised representative

    4. ANNEX IV

      INSCRIPTIONS

      1. 1. In addition to the UK marking referred to in Article...

      2. 2. The fitting or its data plate shall bear, as far...

    5. ANNEX V

      EU DECLARATION OF CONFORMITY No …

      1. 1. Appliance or fitting /appliance or fitting model (product, type, batch...

      2. 2. Name and address of the manufacturer and, where applicable, his...

      3. 3. This declaration of conformity is issued under the sole responsibility...

      4. 4. Object of the declaration (identification of the appliance or fitting...

      5. 5. The object of the declaration described in point 4 is...

      6. 6. References to the relevant designated standards used or references to...

      7. 7. The approved body … (name, address, number) … performed …...

      8. 8. In the case of fittings, instructions on how the fitting...

      9. 9. Additional information:

      10. Signed for and on behalf of: …

      11. (place and date of issue):

      12. (name, function) (signature):

    6. ANNEX VI

      CORRELATION TABLE

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