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

Article 2 U.K. Definitions

For the purposes of this Regulation the following definitions apply:

(1)

‘appliances’ means appliances burning gaseous fuels used for cooking, refrigeration, air-conditioning, space heating, hot water production, lighting or washing, and also forced draught burners and heating bodies to be equipped with such burners;

(2)

‘fittings’ means safety devices, controlling devices or regulating devices and sub-assemblies thereof, designed to be incorporated into an appliance or to be assembled to constitute an appliance;

(3)

‘burning’ means a process in which gaseous fuel reacts with oxygen producing heat or light;

(4)

‘washing’ means the entire washing process, including drying and ironing;

(5)

‘cooking’ means the art or practice of preparing or warming food for consumption with the use of heat and employing a wide range of methods;

(6)

‘gaseous fuel’ means any fuel which is in a gaseous state at a temperature of 15 °C under an absolute pressure of 1 bar;

(7)

‘industrial process’ means the extraction, growth, refining, processing, production, manufacture or preparation of materials, plants, livestock, animal products, food or other products with a view to their commercial use;

(8)

‘industrial premises’ means any place where the main activity carried out is an industrial process that would be subject to specific national health and safety regulations;

(9)

‘gas family’ means a group of gaseous fuels with similar burning behaviour linked together by a range of Wobbe indices;

(10)

‘gas group’ means a specified range of Wobbe indices within that of the gas family concerned;

(11)

‘Wobbe index’ means an indicator of the interchangeability of fuel gases used to compare the combustion energy output of different composition fuel gases in an appliance;

(12)

‘appliance category’ means the identification of gas families and/or gas groups that an appliance is designed to burn safely and at the desired performance level, as indicated by the appliance category marking;

(13)

‘energy efficiency’ means the ratio of output of performance of an appliance to input of energy;

(14)

‘making available on the market’ means any supply of an appliance or a fitting for distribution or use on the [F1 market of Great Britain] in the course of a commercial activity, whether in return for payment or free of charge;

(15)

‘placing on the market’ means the first making available of an appliance or a fitting on the [F2 market of Great Britain];

(16)

‘putting into service’ means the first use of an appliance in [F3 Great Britain] by its end-user;

(17)

‘manufacturer’ means any natural or legal person who manufactures an appliance or a fitting or who has an appliance or a fitting designed or manufactured, and markets that appliance or fitting under his name or trademark or uses the appliance for his own purposes;

(18)

‘authorised representative’ means any natural or legal person established within the [F4 United Kingdom] who has received a written mandate from a manufacturer to act on his behalf in relation to specified tasks;

(19)

[F5 “importer” means a person who—

(a)

is established in the United Kingdom and places an appliance or fitting from a country outside of the United Kingdom on the market; or

(b)

is established in Northern Ireland and places an appliance or fitting on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;]

(20)

‘distributor’ means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes an appliance or a fitting available on the market;

(21)

‘economic operators’ means the manufacturer, the authorised representative, the importer and the distributor;

(22)

‘technical specification’ means a document that prescribes technical requirements to be fulfilled by an appliance or a fitting;

(23)

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(24)

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(25)

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(26)

‘conformity assessment’ means the process demonstrating whether the essential requirements of this Regulation relating to an appliance or a fitting have been fulfilled;

(27)

‘conformity assessment body’ means a body that performs conformity assessment activities including calibration, testing, certification and inspection;

(28)

‘recall’ means any measure aimed at achieving the return of an appliance that has already been made available to the end-user or of a fitting that has already been made available to an appliance manufacturer;

(29)

‘withdrawal’ means any measure aimed at preventing an appliance or a fitting in the supply chain from being made available on the market;

(30)

F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(31)

F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(32)

[F8 ‘approved body’ has the meaning given in Article 19;

(33)

‘designated standard’ has the meaning given in Article 6A;

(34)

‘enforcement authority’ means a person enforcing this Regulation under regulation 4 of the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389);

(35)

‘UK marking’ means the marking in the form set out in Annex 2 of Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) 339/93;

(36)

‘UK national accreditation body’ means the body appointed by the Secretary of State in accordance with Article 4 of Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) 339/93;

(37)

‘Regulation 2016/426 (pre-exit)’ means Regulation (EU) 2016/426 of the European Parliament and of the Council on appliances burning gaseous fuels and repealing Directive 2009/142/EC, as it had effect immediately before IP completion day;

(38)

In this Regulation, references to “the market surveillance authority” are to be construed in accordance with regulation 3 of the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018.]

Textual Amendments

F1 Words in Art. 2(14) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 2(3)(a) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 25(4)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 2(15) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 2(3)(a) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 25(4)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 2(16) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 2(3)(aa) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 25(5)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 2(18) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 5 para. 1(6)(b)

F5 Art. 2(19) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 2(3)(c) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 25(3)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 2(23)-(25) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 2(3)(d) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 2(30)-(31) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 2(3)(d) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F8 Art. 2(32)-(38) inserted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 2(3)(e) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(v)(iii)); 2020 c. 1, Sch. 5 para. 1(1)