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

Article 1 Scope

1. This Regulation applies to appliances and fittings.

2. For the purposes of this Regulation, an appliance is considered to be ‘normally used’ where the following conditions are met:

(a) it is correctly installed and regularly serviced in accordance with the manufacturer's instructions;

(b) it is used with a normal variation in the gas quality and a normal fluctuation in the supply pressure as set out by Member States in their communication pursuant to Article 4(1);

(c) it is used in accordance with its intended purpose or in a way which can be reasonably foreseen.

3. This Regulation does not apply to appliances specifically designed:

(a) for use in industrial processes carried out on industrial premises;

(b) for use on aircrafts and railways;

(c) for research purposes for temporary use in laboratories.

For the purposes of this paragraph, an appliance is considered to be ‘specifically designed’ when the design is only intended to address a specific need for a specific process or use.

4. Where, for appliances or fittings, the aspects covered by this Regulation are covered more specifically by other acts of Union harmonisation legislation, this Regulation does not apply or ceases to apply to such appliances or fittings in respect of those aspects.

5. The rational use of energy essential requirement laid down in point 3.5 of Annex I to this Regulation does not apply to appliances covered by a measure adopted pursuant to Article 15 of Directive 2009/125/EC.

6. This Regulation shall not affect the obligation upon Member States to adopt measures with respect to the promotion of the use of energy from renewable sources and to the energy efficiency of buildings, in accordance with Directives 2009/28/EC, 2010/31/EU and 2012/27/EU. Such measures shall be compatible with the TFEU.