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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))
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  • 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.MODULE B: F1... TYPE-EXAMINATION — PRODUCTION TYPEU.K.

1.1.F2... type-examination is the part of a conformity assessment procedure in which [F3an approved] body examines the technical design of an appliance or a fitting and verifies and attests that the technical design of the appliance or the fitting meets the requirements of this Regulation that apply to it.U.K.

Textual Amendments

1.2.F4... type-examination shall be carried out by assessment of the adequacy of the technical design of the appliance or the fitting through examination of the technical documentation and supporting evidence referred to in point 1.3, plus examination of a specimen, representative of the production envisaged, of the complete appliance or fitting (production type).U.K.

Textual Amendments

1.3.The manufacturer shall lodge an application for F5... type-examination with [F6a single approved] body of his choice.U.K.

Textual Amendments

1.3.1.The application shall include the following:U.K.
(a)

the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and address as well;

(b)

a written declaration that the same application has not been lodged with any other [F7approved] body;

(c)

the technical documentation. The technical documentation shall make it possible to assess the appliance's or fitting's conformity with the applicable requirements of this Regulation and shall include an adequate analysis and assessment of the risk(s). The technical documentation shall specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the appliance or the fitting. The technical documentation shall contain, wherever applicable, at least the following elements:

(1)

a general description of the appliance or the fitting;

(2)

conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.;

(3)

descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the appliance or the fitting;

(4)

a list of the [F8designated] standards applied in full or in part F9... and, where those [F8designated] standards have not been applied, descriptions of the solutions adopted to meet the essential requirements of this Regulation, including a list of other relevant technical specifications applied. In the event of partly applied [F8designated] standards, the technical documentation shall specify the parts which have been applied;

(5)

results of design calculations made, examinations carried out, etc.;

(6)

test reports;

(7)

instructions for installation and use of the appliance;

(8)

the F10... declaration of conformity of the fitting containing the instructions on how the fitting should be incorporated into an appliance or assembled to constitute an appliance;

(d)

the specimens representative of the production envisaged. The [F11approved] body may request further specimens where needed for carrying out the test programme;

(e)

the supporting evidence for the adequacy of the technical design solution. This supporting evidence shall mention any documents that have been used, in particular where the relevant [F12designated] standards have not been applied in full. The supporting evidence shall include, where necessary, the results of tests carried out in accordance with other relevant technical specifications by the appropriate laboratory of the manufacturer, or by another testing laboratory on his behalf and under his responsibility.

Textual Amendments

1.3.2.Where appropriate, the manufacturer shall also submit to the [F13approved] body the following documents:U.K.

Textual Amendments

(a)

the F14... type-examination certificate and the F14... declaration of conformity relating to the fittings incorporated into the appliance;

(b)

attestations and certificates relating to the methods of manufacture and/or inspection and/or monitoring of the appliance or the fitting;

(c)

any other document making it possible for the [F13approved] body to improve its assessment.

Textual Amendments

1.4.The [F15approved] body shall:U.K.

Textual Amendments

For the appliance or the fitting:

1.4.1.

examine the technical documentation and supporting evidence to assess the adequacy of the technical design of the appliance or the fitting.

For the specimen(s):

1.4.2.

verify that the specimen(s) have been manufactured in conformity with the technical documentation, and identify the elements which have been designed in accordance with the applicable provisions of the relevant [F16designated] standards, as well as the elements which have been designed in accordance with other relevant technical specifications;

1.4.3.

carry out appropriate examinations and tests, or have them carried out, to check whether, where the manufacturer has chosen to apply the solutions in the relevant [F17designated] standards, these have been applied correctly;

1.4.4.

carry out appropriate examinations and tests, or have them carried out, to check whether, where the solutions in the relevant [F18designated] standards have not been applied, the solutions adopted by the manufacturer applying other relevant technical specifications meet the corresponding essential requirements of this Regulation;

1.4.5.

agree with the manufacturer on a location where the examinations and tests will be carried out.

Textual Amendments

1.5.The [F19approved] body shall draw up an evaluation report that records the activities undertaken in accordance with point 1.4 and their outcomes. Without prejudice to its obligations vis-à-vis the [F20Secretary of State], the [F19approved] body shall release the content of that report, in full or in part, only with the agreement of the manufacturer.U.K.

Textual Amendments

1.6.Where the appliance or the fitting type meets the requirements of this Regulation, the [F21approved] body shall issue [F22a] type-examination certificate to the manufacturer. The certificate shall contain the name and address of the manufacturer, the conclusions of the examination, the conditions (if any) for its validity, the necessary data for identification of the approved type, such as the type of gas, appliance category and gas supply pressure, and, if relevant, descriptions of its functioning. The certificate may have one or more annexes attached.U.K.

Textual Amendments

The F23... type-examination certificate and its annexes shall contain all relevant information to allow the conformity of manufactured appliances or fittings with the examined type to be evaluated and to allow for in-service control. It shall also indicate any conditions to which its issue may be subject and be accompanied by the descriptions and drawings necessary for identification of the approved type.

Textual Amendments

The certificate shall have a maximum validity period of ten years from the date of its issue.

Where the type does not satisfy the applicable requirements of this Regulation, the [F21approved] body shall refuse to issue [F22a] type-examination certificate and shall inform the applicant accordingly, giving detailed reasons for its refusal.

1.7.The [F24approved] body shall keep itself apprised of any changes in the generally acknowledged state of the art which indicate that the approved type may no longer comply with the applicable requirements of this Regulation, and shall determine whether such changes require further investigation. If so, the [F24approved] body shall inform the manufacturer accordingly.U.K.

Textual Amendments

The manufacturer shall inform the [F24approved] body that holds the technical documentation relating to the F25... type-examination certificate of all modifications to the approved type that may affect the conformity of the appliance or the fitting with the essential requirements of this Regulation or the conditions for validity of the certificate. Such modifications shall require additional approval in the form of an addition to the original F25... type-examination certificate.

Textual Amendments

1.8.Each [F26approved] body shall inform [F27the Secretary of State] concerning the F28... type-examination certificates and/or any additions thereto which it has issued or withdrawn, and shall, periodically or upon request, make available to [F27the Secretary of State] the list of such certificates and/or any additions thereto refused, suspended or otherwise restricted.U.K.

Textual Amendments

Each [F26approved] body shall inform the other [F26approved] bodies concerning the F28... type-examination certificates and/or any additions thereto which it has refused, withdrawn, suspended or otherwise restricted, and, upon request, concerning such certificates and/or additions thereto which it has issued.

[F29The Secretary of State] and the other [F26approved] bodies may, on request, obtain a copy of the F28... type-examination certificates and/or additions thereto. On request, the [F30Secretary of State] may obtain a copy of the technical documentation and the results of the examinations carried out by the [F26approved] body. The [F26approved] body shall keep a copy of the F28... type-examination certificate, its annexes and additions, as well as the technical file including the documentation submitted by the manufacturer, until the expiry of the validity of that certificate.

Textual Amendments

1.9.The manufacturer shall keep a copy of the F31... type-examination certificate, its annexes and additions together with the technical documentation at the disposal of the [F32enforcement authority] for 10 years after the appliance or the fitting has been placed on the market.U.K.

Textual Amendments

1.10.The manufacturer's authorised representative may lodge the application referred to in point 1.3 and fulfil the obligations set out in points 1.7 and 1.9, provided that they are specified in the mandate.U.K.

Textual Amendments

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