The European Parliament and the Council Directive 2009/142/EC (codified version of 90/396/EEC adopted in 1990) on Appliances burning gaseous fuels (GAD) is based on Article 114 of the Treaty on the Functioning of the European Union.
The GAD is one of the first harmonisation Directives based on the “New Approach” principles. It has been transposed into national law by the EU Member States.
The scope of the GAD is restricted to appliances burning gaseous fuels used for cooking, heating, hot water production, refrigeration, lighting and washing. Regulating, controlling and safety devices intended to be incorporated into appliances - so-called fittings - are also covered. Appliances specifically designed for use in industrial processes carried out on industrial premises are excluded.
The legal framework established by the GAD aims to provide access to the EU market for appliances and fittings in so far as the gas safety of these products is concerned. The GAD deals also with the energy efficiency of the products covered where no more specific EU Eco-design legislation applies.
The GAD contains in its Annex I the Essential Requirements that an appliance or a fitting must meet when it is placed on the EU market. It does not indicate how these requirements must be met, thus leaving flexibility to manufacturers as regards technical solutions to be adopted.
In order to facilitate market access, Harmonised Standards, the reference numbers of which have been published in the Official Journal of the EU, provide a presumption of conformity with the directive's Essential Requirements. Using harmonized standards is voluntary. Standardisation work is being coordinated by the Heating, Ventilation and Air Conditioning (HVAC) sector in the CEN.
The GAD requires always third party involvement in the conformity assessment of product. The list of the Notified Bodies notified by the Member States to carry out conformity assessments according to the GAD can be searched on the NANDO web site.
In order to ensure a coherent application of the GAD, Guidance Sheets are established and agreed in accordance with the Commission's Working Group on Gas Appliances (WG-GA).
This working group is composed of representatives of Member States, European Federations, the Gas Appliances Directive Advisory Committee (GADAC), Notified Bodies Gas Appliances (NB-GA) and CEN. It is chaired by a representative of the Commission services.
Guidance Sheets are based on a lay consensus and represent a reference for ensuring consistent application of the directive by all involved.
It should be noted that the Guidance Sheets are neither a legally binding interpretation of the GAD nor can they formally commit authorities or Notified Bodies.
The legally binding text remains that of Directive 2009/142/EC.
Article 2(2) of the GAD requires the Member States to communicate in good time to the other Member States and the Commission all changes to the types of gas and corresponding supply pressures (86 kB) used on their territory.
In the framework of the GAD the technical harmonisation covers gas appliances and fittings.
However, there are still differences in the types of gas and corresponding supply pressures used on the territories of the Member States. In order to ensure the safety and energy efficient functioning of appliances and fittings, information about these gas supply conditions must be taken into account during their design phase.
The Commission publishes this information in the Official Journal of the European Union.
General information about technical regulation following the new approach.
As of 21 April 2018, Directive 2009/142/EC will be repealed by the new 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.
This Regulation is aligned to the New Legislative Framework policy. In addition it clarifies the requirements each gas appliance and fitting has to fulfil. The need for interpretation of the provisions of the Regulation is reduced through introduction of definitions for the sector specific terminology used in order to facilitate the application of the legislation. The Regulation also introduces harmonised content for the communication of gas supply conditions in EU countries, enabling the design and construction of safe and correctly performing products.
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