Conformity assessment procedures for gas-fired appliances

Conformity assessment procedures under Regulation (EU) 2016/426

Regulation (EU) 2016/426 of the European Parliament and of the Council repeals and replaces Directive 2009/142/EC as of April 21, 2018.
At the same time, on April 21, 2018, Government Regulation No. 63/2018 Coll. also repealed Government Regulation No. 22/2003 Coll. (technical requirements for gas-fired appliances), issued as an implementing regulation to Act No. 22/1997 Coll. (on technical requirements for products). In the Czech Republic, following the amendment of Act No. 90/2016 Coll. by Act No. 265/2017 Coll., gas-fired appliances fall under Act No. 90/2016 Coll. (on the conformity assessment of specified products when placed on the market).

Transitional ProvisionsGas-fired appliances
that comply with Government Regulation No. 22/2003 Coll. may continue to be placed on the market or put into service provided they were placed on the market prior to the effective date of Regulation No. 63/2018 Coll.

Conformity assessment procedures under Regulation (EU) 2016/426(~~pursuant to Government Regulation No. 23/2003 Coll.)~~

Production type	Conformity assessment procedure		Further information: Annex III (EU) 2016/426
Mass-produced appliances	ECEU type examination (Module B – production type), see point 1 of Annex III + one of the following procedures	~~EC declaration of conformity to type~~ conformity to type based on internal production control with supervised product checks at random intervals (Module C2)	Point 2
		~~EC Declaration of Conformity to Type – Production Quality Assurance~~ Conformity to type based on quality assurance of the production process (Module D)	Point 3
		~~EC Declaration of Conformity to Type – Product Quality Assurance~~ Conformity to type based on quality assurance of the products (Module E)	Point 4
		~~EC Verification~~ Conformity to type based on product verification (Module F)	Point 5
Unit production or equipment or small-scale production	~~EC verification of individual products~~ one of the modules above (i.e., C2, D, E, or F), or conformity based on the verification of each individual product (Module G)		Point 6
For equipment, the procedure applies as for “serially manufactured appliances,” with the exception of affixing the CE marking and issuing a declaration of conformity; instead, a certificate shall be issued declaring the equipment’s conformity with the requirements of this Regulation that apply to it, and specifying its characteristics and the manner in which it must be incorporated or installed in the appliance to meet the essential requirements applicable to appliances. The certificate shall accompany the equipment.

This Regulation applies to appliances and equipment that are new to the Union market at the time of their placing on the market; that is to say, they are either new appliances and equipment manufactured by manufacturers established in the Union, or appliances and equipment, whether new or used, imported from third countries. Member States shall not prevent the supply on the market of appliances and equipment, or the putting into service of appliances, covered by Directive 2009/142/EC that comply with that Directive and were placed on the market before April 21, 2018.

However, this should not affect the possibility for Member States, when implementing other Union acts, to impose requirements that affect the energy efficiency of products, including appliances, provided that such measures are in accordance with the Treaty on the Functioning of the EU (i.e., provided that such measures do not constitute an unjustified market barrier).

This Regulation should not affect the obligation of Member States to adopt measures to promote the use of energy from renewable sources and to promote the energy efficiency of buildings in accordance with Directives 2009/28/EC, 2010/31/EU, and 2012/27/EU.

This Regulation should not affect the competence of Member States to lay down rules regarding the putting into service or periodic inspections of appliances, or other measures (e.g., measures regarding the training and certification of installation personnel), to ensure the correct installation, use, and maintenance of appliances, including preventive safety measures. These rules and measures are necessary to prevent gas poisoning, including carbon monoxide (CO) poisoning, and to prevent leaks of harmful and hazardous substances.

This Regulation should not affect the right of Member States to lay down the requirements they deem necessary regarding installation aspects, ventilation conditions of premises, and aspects relating to the safety of the building itself and its energy performance, provided that such requirements do not impose design requirements on appliances.

Although this Regulation does not regulate the conditions of gas supply in Member States, it should take into account the fact that different conditions apply in Member States regarding gas types and inlet pressures, as the technical characteristics of gaseous fuels are not harmonized. The composition and specifications of gas types and inlet pressures at the location where the appliance is put into service are critical to its safe and proper operation, and therefore this aspect should be taken into account at the design stage of the appliance to ensure its compatibility with the type(s) of gas and the inlet pressure(s) for which it is intended. In order to avoid barriers to trade regarding appliances, for reasons related to the fact that gas supply conditions have not yet been harmonized, and to ensure that economic operators are sufficiently informed, Member States should notify the other Member States and the Commission in a timely manner of the types of gas and corresponding inlet pressures used in their territory, as well as any changes thereto.

Conformity assessment pursuant to Government Regulation No. 22/2003 Coll.:

Government Regulation No. 22/2003 Coll. implements the “New Approach” Directive 2009/142/EC (on gas-fired appliances). To ensure uniform application throughout the Union and alignment with the Common Framework for the Marketing of Products (768/2008/EC), this Directive was repealed on April 21, 2018, by Regulation (EU) 2016/426 (on gas-fired appliances and repealing Directive 2009/142/EC). At the same time, on April 21, 2018, Government Regulation No. 63/2018 Coll. also repealed Government Regulation No. 22/2003 Coll. (technical requirements for gas-fired appliances), issued as an implementing regulation to Act No. 22/1997 Coll. (on technical requirements for products). In the Czech Republic, following the amendment of Act No. 90/2016 Coll. by Act No. 265/2017 Coll., gas-fired appliances have been subject to Act No. 90/2016 Coll. (on the conformity assessment of specified products when placed on the market) since April 21, 2018.Gas-fired

appliances are specified products defined by Act No. 22/1997 Coll., which fall within the harmonized area. According to Government Implementing Regulation No. 22/2003 Coll. (laying down technical requirements for gas-fired appliances), the following are considered gas-fired appliances:

appliances that burn gaseous fuels and are intended for cooking, heating, domestic hot water heating, cooling, or washing, and where water is used, with a water temperature not exceeding 105 °C, or intended for lighting, as well as forced-air burners and heat sources equipped with such burners (hereinafter referred to as “appliance”),

safety, control, or regulating devices and assemblies, with the exception of forced-air burners and heat sources equipped with such burners, which are placed on the market separately and are intended for installation in appliances as part thereof, or for connection to appliances (hereinafter referred to as “equipment”).

The appliance and equipment must comply with the technical requirements set forth in

Annex No. 1 to Government Regulation No. 22/2003 Coll. (the so-called essential requirements). The essential requirements are considered to be met if the appliance or equipment complies with:
a) harmonized technical standards, orb
) designated standards (including Czech or foreign technical standards that have been notified for this purpose by the Commission of the European Communities), if no harmonized technical standards exist.

After the conformity assessment procedures have been carried out, appliances that meet the requirements set forth in Government Regulation No. 22/2003 Coll. (or the label with the appliance’s rated data) shall be affixed with the CE marking (see § 4).

Conformity assessment procedures pursuant to Government Regulation No. 22/2003 Coll.

Type of production	Conformity assessment procedure		Further information: Annex No. 2 to Government Regulation No. 22/2003 Coll.
Mass-produced appliances	EC type examination + one of the following procedures	EC declaration of conformity to type	Point 2
		EC declaration of conformity to type – production quality assurance	Point 3
		EC declaration of conformity to type – product quality assurance	Point 4
		EC verification	Point 5
Unit or small-batch production	EC verification of individual products		Point 6
For equipment, the procedure applies as for “serially manufactured appliances,” with the exception of affixing the CE marking to the product and issuing a declaration of conformity, provided that a certificate is issued declaring the equipment’s conformity with the requirements of this Regulation that apply to it, and specifying its characteristics and the manner in which it must be incorporated or installed in the appliance to meet the essential requirements applicable to appliances. The certificate shall accompany the equipment.