EN    EN  
 EUROPEAN  
COMMISSION 
Brussels, 12.5.2014  
COM(2014) 258 final 
2014/0136 (COD) 
  
Proposal for a 
REGULATION OF THE EUROPEAN PA RLIAMENT AND OF THE COUNCIL 
on appliances burning gaseous fuels 
(Text with EEA relevance) 
{SWD(2014) 150 final} 
{SWD(2014) 151 final}  EN 2   EN EXPLANATORY MEMORANDUM  
1. CONTEXT  OF THE  PROPOSAL 
General context, reasons for and objectives of this proposal  
Directive 2009/142/EC on applia nces burning gaseous fuels1 is the codification of Directive 
90/396/EEC2 that was adopted on 29 June 1990 and became applicable as from 1 January 
1992. 
Directive 2009/142/EC is an example of Union harmonisation legislatio n, ensuring the free 
movement of appliances burning gaseous fuels.  It has contributed considerably to the 
completion and operation of the Single Market w ith regard to appliances burning gaseous 
fuels. It harmonises the conditions for the placin g on the market and/or putting into service of 
appliance burning gaseous fuels covered within its  scope with regard to gas safety risks and 
rational use of energy. 
Directive 2009/142/EC sets out essential requirements that a ppliances burning gaseous fuels 
must comply with in order to be made available on the EU market.  
Directive 2009/142/EC is based on Article 114 of the Treaty on th e Functioning of the 
European Union (hereinafter "t he Treaty") and is one of the first harmonisation Directives 
based on the “New Approach” principles, acc ording to which manufacturers must ensure 
compliance of their products with the mandat ory performance and safety requirements 
provided for in the legislative instrument, w ithout out however imposing specific technical 
solutions or specifications. 
This proposal intends to repl ace Directive 2009/142/EC  on appliances burning gaseous fuels 
by a Regulation, in line with the Commission’s simplification objectives. 
Experience from the implementation of Direc tive 2009/142/EC made necessary to update and 
clarify some of its provisions , without however modifying its scope. Those provisions 
concern mainly some sector specific definitions, the content and the form of the Member States communications of their gas supply co nditions, the relationship with other Union 
harmonisation legislation applying to gas applian ces (for other aspects) and some essential 
requirements in order to complete them a nd reduce thus the need for interpretation. 
The proposed Regulation does not change the current scope of Directive 2009/142/EC, it 
however, modifies some of its provisions in order to clarify and upda te their content. The 
proposed Regulation is also aligned to the provisions of D ecision No 768/2008/EC 
establishing a common framework for the marketing of products (NLF Decision). 
The proposed Regulation clarifies also the rela tionship between its provisions and other more 
specific EU harmonisation legislation. It also clar ifies that the rational use of energy essential 
requirement in point 3.5 of Annex I to this Regul ation will not apply with regard to the energy 
efficiency aspect concerning a ppliances burning gaseous fuels falling within an implementing 
measure of Directive 2009/125/EC establishing  a framework for the setting of ecodesign 
requirements for energy-related products
3. To this date the implementing measures under 
Directive 2009/125/EC are Direc tive 92/42EEC on efficiency re quirements for new hot-water 
boilers fired with liquid or gaseous fuels4, Commission Regulati on (EU) No 813/2013 
implementing Directive 2009/125/EC with regard to ecodesign requirements for space heaters 
                                                 
1 OJEU L 330, 16.12.2009, p.10. 
2 OJEU L 196, 26.7.1990, p.15. 
3 OJEU L 285, 31.10.2009, p.10. 
4 OJ L 167, 22.6.1992, p.17. EN 3   EN and combination heaters5, Commission Regulation (EU) No 814/2013 implementing 
Directive 2009/125/EC with regard to ecodesign  requirements for water heaters and hot water 
storage tanks6 and Commission Regulation (EU) No 932/2012 implementing Directive 
2009/125/EC with regard to ecodesign requirements for household tumble driers7.The rational 
use of energy requirement of this Regulation will not apply to appliances burning gaseous 
fuels which will be covered by future Ecodesign implemen ting measures under Directive 
2009/125/EC. In the absence of Ecodesign implem enting measures, the rational use of energy 
requirement continues to apply. However, this  does not affect the ob ligations of Member 
States to adopt national measures with regard  to the promotion of the use of energy from 
renewable sources and to the energy efficiency  of buildings in accordance with Directive 
2009/28/EC on the promotion of the use of energy from renewable sources8, Directive 
2010/31/EU on the energy performance of buildings9 and Directive 2012/27/EU on energy 
efficiency10. Such measures, which may in certain circumstances, limit the installation of gas 
appliances which comply with the rational use of energy requir ement of this Regulation, must 
be compatible with the Treaty  and take into account of the need to ensure the coherent 
implementation of the all aspects of Union law. 
The proposal intends also to align Directive 2009/142/EC to the “goods  package” adopted in 
2008 and in particular to the NLF Decision. 
The NLF Decision sets out a common framewor k for EU product harmonisation legislation. 
This framework consists of the provision s which are commonly used in EU product 
legislation (e.g. definitions, obligations of economic operators, notified bodies, safeguard 
mechanisms, etc.). These common provisions have been reinforced to ensure that the legislation can be applied and enforced more ef fectively in practice. New elements, such as 
obligations on importers, have been introduced, which are crucial for improving the safety of 
products on the market.  
The Commission has already proposed the alignmen t of nine Directives to the NLF Decision 
within an NLF implementation package adopted on 21 November 2011. 
In view of ensuring consistency across Uni on harmonisation legislation for industrial 
products, in accordance with the political comm itment resulting from the adoption of the NLF 
Decision and the legal obliga tion provided for in Article 2 of the NLF Decision, it is 
necessary that this proposal is in line with the provisions of the NLF Decision. 
The proposal takes into account Regulation (EU)  No 1025/2012 of the European Parliament 
and of the Council on Eur opean Standardisation
11. 
The proposal also takes into account the proposal of the Co mmission of 13 February 2013 for 
a Regulation on market surveillance of products12, which intends to set out a single legal 
                                                 
5 OJ L 239, 6.9.2013, p.136. 
6 OJ L 239, 6.9.2013, p.162. 
7 OJ L 278, 12.10.2012, p.1.  
8 OJ L 140, 5.6.2009, p.16. 
9 OJ L 153, 18.6.2010, p.13. 
10 OJ L 315, 14.11.2012,p.1. 
11 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on 
European Standardisation and amending Council Directives 89686/EEC and 93/15/EEC and Directives 
94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 
2009/105/EC of the European Parliament and of the Council and repealing Council Decision 
87/95/EEEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012). 
12 Proposal for a Regulation of the European Parlia ment and of the Council on market surveillance of 
products and amending Council Directives 89/686/EEC and 93/15/EEC, and Directives 94/9/EC, EN 4   EN instrument on the market surveillance activi ties in the field of non-food goods, consumer or 
non-consumer products and products  covered or not by Union ha rmonisation legislation. This 
proposal merges the rules on ma rket surveillance of Direc tive 2001/95/EC on general product 
safety13, Regulation (EC) No 765/2008 of the European  Parliament and of the Council setting 
out the requirements for accreditation and mark et surveillance relating to the marketing of 
products14 and of sector-specific harmonisation le gislation in order to increase the 
effectiveness of market survei llance activities within the Uni on. The proposed Regulation on 
market surveillance of products contains also the relevant provisions on market surveillance 
and safeguard clauses. Therefore, provisions  in existing sector specific harmonisation 
legislation that relate to market surveillance and safeguard clauses should be removed from 
that harmonisation legislation. The overacti ng objective of the propos ed Regulation is to 
simplify the Union market surveillance framewor k fundamentally so th at it works better for 
its main users: market su rveillance authorities and economic operators. Directive 
2009/142/EC provides for a safeguard clause pro cedure for gas applian ces. In line with the 
framework intended to be established by the pro posed Regulation on the market surveillance 
of products, this proposal does not include the provisions on market surveillance and 
safeguard clause procedures provided for in the NLF Decision. However, in order to ensure 
legal clarity, it makes a reference to the pr oposed Regulation on market surveillance of 
products. 
Consistency with other policies and objectives of the Union 
This initiative is in line with the Single Market Act15, which stressed the need to ensure 
consumer confidence in the quality of products on the market and the importance of reinforcing market surveillance. It is consiste nt with the Union ener gy policy as it does not 
affect the application and implementation of Uni on legislation in the field of energy efficiency 
and renewable energy.  
It complements and is coherent with Union policy on energy supply and energy efficiency by 
not applying where more specific Union acts apply. 
Furthermore it supports the Commission’s polic y on Better Regulation and simplification of 
the regulatory environment. 
2. RESULTS
 OF CONSULTATIONS  WITH  THE  INTERESTED  PARTIES  AND  
IMPACT  ASSESSMENTS 
Consultation of interested parties 
The revision of Directive 2009/ 142/EC has been discussed with  national experts responsible 
for the implementation of the Directive, th e conformity assessment bodies’ forum, the 
administrative cooperation group on market surveill ance as well as in bilateral contacts with 
industry associations.  
The consultation included mee tings with the Member States  Working Group Gas Appliances 
(WG-GA), the Working Group GAD Revision (W G GAD REV) and th e Gas Appliances 
Directive Advisory Committee (GAD-AC).  
                                                                                                                                                         
94/25/EC, 95/16/EC, 97/23/EC, 1999/5/EC, 2000/9/EC, 2000/14/EC, 2001/95/EC, 2004/108/EC, 
2006/42/EC, 2006/95/EC, 2007/23/EC, 2008/57/EC, 2009/48/EC, 2009/105/EC, 2009/142/EC, 
2011/65/EU, Regulation (EU) No 302/2011, Regulation (EC) No 764/2008 and Regulation (EC) No 
765/2008 of the European Parliament and of the Council (COM(2013) 75 final). 
13 OJ L 11, 15.1.2002, p.4. 
14 OJ L 218, 13.8.2008, p.30. 
15 Communication from the Commission to the European  Parliament, the Council, the Economic and 
Social Committee and the Committee of the Regions, COM(2011) 206 final. EN 5   EN An Ex-post Evaluation Study was carried out in 2010-2011, intending to evaluate the results 
of the implementation of Directive 2009/142EC16. The study assessed the effectiveness of 
Directive 2009/142/EC, its impact on companies and users, possible trade barriers limiting the 
free movement of appliances, innovation and whether the provisions of the Directive are 
sufficient to ensure that appliances burning gaseous fuels and fittings placed on the market and/or put into service in accordance with it, are designed and manufactured so as to operate 
safely and present no gas related risks. 
Although the Ex-post evaluation study concluded that Directive 2009/142/ EC was functioning 
well and contributed to the improve ment of safety of appliances  burning gaseous fuels, it also 
highlighted some areas for possible improvements. 
From December 2011 to March 2012, a public c onsultation was organised with as main 
objective to have the views and opinions of authorities, manufacturers, associations, 
standardisation organisations, notified bodies, c onsumer organisations and citizens on various 
issues that needed to be addressed in prepar ing the options for the revisions of Directive 
2009/142/EC. 
The participation in the public consultation was important and the Commission services 
received 90 replies with contributions from pub lic authorities, industry associations, notified 
bodies, standardisation and consumer organi sations, both big enterprises and SMEs and 
consumers. 
The results of the public c onsultation are published at:  
http://ec.europa.eu/enterprise /sectors/pressure-and-gas/files /gad/publ-cons-summary_en.pdf. 
  
The consultation process in all related fora revealed widespread support for the revision. 
There is unanimity on the need to align to th e NLF and thus to impr ove the existing general 
regulatory framework. Authorities fully support th e exercise because it will strengthen the 
existing system and improve cooperation at EU level. Industry expects a more level playing 
field resulting from more effective actions ag ainst products that do  not comply with the 
legislation, as well as a simplification effect from the alignment of legislation. Certain 
concerns were expressed on some obligatio ns which are, however, indispensable for 
increasing the efficiency of market surveilla nce. These measures will not entail significant 
costs for industry and the benefits resulting fr om improved market surveillance should by far 
outweigh the costs. 
Collection and use of expertise - Impact assessment  
An impact assessment on the revision of Di rective 2009/142/EC has been conducted. The 
impact assessment sets out extensively the differe nt options of revision of the sector related 
aspects of Directive 2009/142/EC. 
With regard to the NLF alignment aspects, the impact assessment report for the revisions of 
Directive 2009/142/EC refers to the general impact assessment conducted in the framework of 
the NLF Implementation package of 21 November 201117. 
                                                 
16 Ex-post evaluation of Directive 2009/142/EC on appliances burning gaseous fuels (GAD), Final Report, 
Risk & Policy Analysts Limited, March 2011, 
http://ec.europa.eu/enterprise/dg/files/evaluation/03_2011_finalreport_gas_en.pdf. 
17 New Legislative Framework (NLF) Alignment Pa ckage (Implementation Goods Package), Commission 
Staff Working Paper – Impact Assessment accompanyi ng document to the 10  Proposals to Align 
Product Harmonisation Directives to Decision No 768/2008/EC, SEC(2011) 1376 final.  EN 6   EN In particular, the modifications due to the a lignment to the NLF Decision and their impacts 
are expected to be the same as for the nine product harmonisation Directives included in the 
Alignment Package. 
The Impact Assessment Report on this Alignment Package has already examined in depth the 
different options, which are ex actly the same with regard to Directive 2009/142/EC. The 
Report contained also an analysis of the impact s resulting from the legislative alignment to 
the provisions of the NLF Decision. 
Therefore, the Impact Assessment Report on the revision of Directive 2009/142/EC did not 
examine those aspects and it focussed on specifi c issues relating to Directive 2009/142/EC as 
well as on the ways to address them. 
Based on the information collected, the imp act assessment carried out by the Commission 
examined and compared three options with regard to problems and issues relating to Directive 2009/142/EC. 
Option 1 – “Do nothing” - No chan ges to the existing situation  
This option proposes no change s to Directive 2009/142/EC. 
Option 2 – Intervention by  non-legislative measures 
Option 2 considers the possibility of encourag ing voluntary interventions to resolve the 
identified issues, e.g., guidance documents c ontaining a commonly agr eed interpretation of 
Directive 2009/142/EC. 
Option 3 – Intervention by legislative measures 
This option consists in m odifying Directive 2009/142/EC. 
Option 3 was found to be the preferred option because: – it is considered more effective than option 2: due to the lack of enforceability of 
option 2 it is questionable th at the positive impacts w ould materialise under that 
option; 
– it does not entail significant costs for economic operators and notified bodies; for 
those who are already acting responsibly, no extra costs or only negligible costs are 
expected, as the scope and the provisions remain in substance unchanged and only 
legal clarifications are inserted; 
– not any significant economic or so cial impacts could be identified; 
– options 1 and 2 do not provide answers to legal inconsistencies or ambiguities and 
therefore will not lead to  a better implementation of Directive 2009/142/EC. 
The proposal includes: 
• The removal of the outdated temperature limit of 105°C from the definition of 
the scope; 
• The introduction of currently missing de finitions for the sector specific 
terminology under Directive 2009/142/EC; 
• The introduction of a harmonised content and form of the communications of 
the Member States under Article 2(2) of Directive 2009/142/EC, of the types of 
gas and corresponding supply pressu res used on their territory; EN 7   EN • The clarification of the relationship between Directive 2009/142/EC and other 
EU harmonisation legisl ation, including Ecodesign implementing measures 
under Directive 2009/125/EC and other Union energy policy instruments; 
• The improvement of the readability of some of the provisions of Directive 
2009/142/EC. 
The impact of the proposal will lead to st rengthening the competitiveness of European 
enterprises as a result of guara nteeing a level playing field fo r the economic operators and to 
enhanced safety protection for consumers and other end-users. 
3. LEGAL  ELEMENTS  OF THE  PROPOSAL 
3.1. Scope and definitions 
The scope of the proposed Regulation corresp onds to the scope of  Directive 2009/142/EC, 
and covers “applian ces” and “fittings”. 
The proposal introduces some definitions relating to  sector specific issues, in order to improve 
its readability. 
Additionally, the general definiti ons resulting from the alignment to the NLF Decision have 
been inserted. 
3.2. Member States communications on gas supply conditions on their territory 
The proposed Regulation contains current Artic le 2(2) of Directive 2009/142/EC, according 
to which Member States must communicate the types of gas and corresponding supply 
pressures used on their territories and any changes in th eir gas supply conditions to other 
Member States and the European Commission. S ubsequently, this information is published in 
the Official Journal of  the European Union (OJEU)18. 
This information is very important for manufact urers as the gas supply conditions at the place 
where an appliance burning gaseous fuels is put into service are very important for its safe 
and correct functioning. Theref ore, this aspect has to be taken into account by the 
manufacturer already in the design phase. 
The availability of adequate information is also the prequisite for the determination of the 
"appliance category” marking or markings  that must be indicated on the appliance and are 
defined by the European Committee for Standardis ation (CEN). Cureently, this information is 
provided in harmonised standard hEN 437:2003 +A1:2009 and in product specific European 
harmonised standards. 
However, as the currently publishe d information is not sufficient,  there is a need to better 
determine the parameters whic h should be communicated by the Member States in order to 
ensure the adequacy and comparability of this information. 
Additionally, the gas supply condi tions in the Union are currently under rapid development. 
This is due, amongst others, to the general Union objective to increa se the proportion of 
energies from renewable sources. As a resu lt, more and more gases from non-conventional 
sources19 will be supplied both through isolated local networks a nd by injecting them into 
natural gas distribution networks. 
                                                 
18 http://eur-lex.europa.eu/LexUriServ/LexUri Serv.do?uri=OJ:C:2004:296:0002:0007:EN:PDF   
19 For example, gaseous fuel produced from biomass where ‘biomass’ means the biodegradable fraction of 
products, waste and residues from biological origin from agriculture (including vegetal and animal EN 8   EN Despite the attempts to achieve a higher de gree of harmonisation of gas qualities across 
Europe20, the gradual depletion of the sources of ga s extracted from some gas fields and their 
replacement with biogas will lead to an  increasing diversity of gas qualities. 
As the types of gas and thei r supply pressures are not s ubject to harmonisation in the 
framework of Directive 2009/142/EC and cannot be  subject to such ha rmonisation under this 
proposal, the gas quality issue has to be taken in to account in the proposal in order to ensure 
the link with the safety and pe rformance of the appliances. 
It is therefore important th at this proposal ensures that  manufacturers have adequate 
information about the types of gas and supply pr essures available as ga s appliances are very 
sensitive to the composition of the fuel. Inad equate or missing pieces of information during 
the design phase would lead to unsafe and/or  not correctly performing (e.g. significantly 
reduced energy efficiency level) appliances being placed on the market. 
Therefore the proposal defines the parameters that should be included in the communications, 
in order to better ensure the co mpatibility of the appliances w ith the gas supply conditions and 
provides for a harmonised form for those communications. 
3.3. Making available on the market of gas appliances and fittings, obligations of 
economic operators, CE marking, free movement 
The proposal contains the typical provision s for product-related  Union harmonisation 
legislation and sets out the obl igations of the relevant econo mic operators (manufacturers, 
authorised representatives, importers and distri butors), in accordance with the NLF Decision. 
According to Directive 2009/142/EC, fittings do not bear the CE marking (as also they are not 
subject to a safeguard clause procedure). Fittings  are not appliances burning gaseous fuels, but 
intermediate products made sepa rately available onl y between profession als and intended to 
be incorporated into an appliance before th e latter is placed on th e market. According to 
Directive 2009/142/EC, fittings must however been accompanied by a certificate declaring 
their conformity with the provisi ons of the Directive and stati ng their characte ristics and how 
they should be incorporated into an appliance or assembled to assist compliance with the 
essential requirements applicable to finished ap pliances. As the appropri ate design of a fitting 
contributes to the correct and safe functioning of  a finished appliance and as the gas related 
risks of an appliance can only be assessed af ter incorporation of the fitting, the proposed 
Regulation keeps the existing provision accordi ng to which fittings do not bear the CE 
marking. However, in order to improve clar ity, the certificate accompanying fittings under 
Directive 2009/142/EC has been qualified as “Fitting conformity certificat e”, in order to 
better define its content and clarify its relatio nship with the EU decl aration of conformity 
requirement under other possibly appli cable Union harmonisation legislation. 
3.4. Harmonised standards 
Compliance with harmonised standards provides for a presumption of conformity with the 
essential requirements. Regulation (EU) No 1025/2012 sets out a horizo ntal legal framework 
for European standardisation. Th e Regulation contains inter alia provisions on standardisation 
requests from the Commission to the Europ ean Standardisation Organisation, on the 
                                                                                                                                                         
substances), forestry and related industries in cluding fisheries and aquaculture, as well as the 
biodegradable fraction of industrial and municipal waste. 
20 Mandate M400 - Phase I: Standardization in the field of gas qualities, Final report, CEN/BT/WG 197 
(2012) evaluating the impact of H gas quality variations on the behaviour of GAD compliant appliances. 
Mandate M475: Mandate given to CEN for standards for biomethane for use in transport and injection 
in natural gas pipelines. EN 9   EN procedure for objections to harmonised standa rds and on stakeholder participation in the 
standardisation process. Consequently the pr ovisions of Directive 2009/142/EC which cover 
the same aspects have not been reintroduced in  this proposal for reasons of legal certainty. 
3.5. Notified bodies 
Proper functioning of notified bodies is crucial fo r ensuring a high level of  health and safety 
protection and for the confiden ce of all interested parties in the New Approach system. 
Therefore, in line with the NLF Decision, the pr oposal reinforces the no tification criteria for 
notified bodies and introduces specific requirements for notifying authorities.  
3.6. Conformity assessment 
The proposal keeps the conformity assessment procedures provided for under Directive 
2009/142/EC. It however updates the correspondi ng modules in line with the NLF Decision. 
In particular, it keeps the requirement for a notified body interven tion in the design and 
production phase of all appliances and fittings. 
Furthermore, it keeps the current approach for the design phase, according to which the type 
examination of the product by the notified body takes the form of examination of the complete appliance or fitting. 
Therefore, in accordance with Article 4(6) of  the NLF Decision, it provides only for the EU-
type examination – production type, as the ex amination of the technical documentation in 
conjunction with the examinati on of the complete type is considered, as in Directive 
2009/142/EC, to better correspond with the high risks related to gas safety. 
3.7. Implementing and delegated acts 
The proposal empowers the Commission to adop t, where appropriate, implementing acts to 
ensure the uniform application of this Regulatio n in respect of notified bodies that do not meet 
or no longer meet the requirements for their notification. Those impl ementing acts will be 
adopted in accordance with the provisions on  implementing acts laid down in Regulation 
(EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying 
down the rules and general principles concer ning mechanisms for control by the Member 
States of the Commission's exer cise of implementing powers. 
The proposal empowers the Commission to adopt , where appropriate, delegated acts in 
accordance with Article 290 of the Treaty in re spect of the content and the form of the 
Member States communications relating to th e gas supply conditions on their territory, in 
order to take into accoun t technical developments. 
3.8. Final provisions 
The proposed Regulation will become applicable two years after its entry into force to allow 
manufacturers, notified bodies, Me mber States and European St andardisation Bodies, time to 
adapt to the new requirements. 
However, the designation of no tified bodies pursuant  to the new requirements and process 
needs to start shortly after the entry into force of this Regulation. This will ensure that by the 
date of application of the pr oposed Regulation, sufficient no tified bodies will have been 
designated in accordance with the new rules so as to avoid problems with production continuity and market supply. 
A transitional provision is foreseen for th e certificates issued by notified bodies under 
Directive 2009/142/EC so as to allow stocks to be absorbed and ensure a smooth transition to 
the new requirements. EN 10   EN Directive 2009/142/EC will be repealed and replaced by the proposed Regulation. 
3.9. Union competence, legal basis, subs idiarity principle and legal form 
Legal basis 
The proposal is based on Article 114 of the Treaty. 
Subsidiarity principle 
The subsidiarity principle aris es in particular with regard  to the newly added provisions 
aiming at the improvement of effective enfo rcement of Directive 2009/142/EC, namely, the 
economic operators’ obligations, the traceabilit y provisions, the provisions on the assessment 
and notification of conformity assessment bodies.  
Experience with the enforcement of the legislat ion has shown that measures taken at national 
level have led to divergent ap proaches and to a different tr eatment of economic operators 
inside the Union, which undermines the objecti ves of Directive 2009/1 42/EC. If actions are 
taken at national level to address the problems,  this risks creating obstacles to the free 
movement of goods. Furthermore action at nati onal level is limited to the territorial 
competence of a Member State. Coordinated ac tion at Union level can much better achieve 
the objectives set, and will in particular render market surveillance more effective. Hence it is 
more appropriate to take  action at Union level. 
Proportionality  
In accordance with the principle of proportionality, the proposed modifications do not go 
beyond what is necessary to achieve the objectives set.  
The new or modified obligations do not impos e unnecessary burdens an d costs on industry - 
especially on small and medium sized enterpri ses - or administrations . Where modifications 
have been identified to have negative impacts, the analysis of the impacts of the option serves 
to provide the most proportionate respons e to the problems identified. A number of 
modifications concern the improvement of cl arity of the existing Directive without 
introducing new requirements th at entail added cost.  
Legislative technique used 
The proposal takes the form of a Regulation. 
The proposed change from a Directive to a Re gulation takes into account the Commission's 
general objective to simplify the regulatory environment and the need to ensure a uniform implementation throughout the Union of the proposed legislation. 
The proposed Regulation is based on Article 114 of the Treaty and aims to ensure the proper 
functioning of the internal market  for gas appliances. It imposes clear and detailed rules which 
will become applicable in a uniform ma nner at the same time throughout the Union. 
In accordance with the total ha rmonisation principles, Member States are not allowed to 
impose more stringent or additional requirement s in their national legislation for the placing 
on the market of gas appliances. In particular , the mandatory essential requirements and the 
conformity assessment procedures to be followe d by manufacturers must be identical in all 
Member States. 
The same applies with regard to the provisions that have been introduced as a result from the 
alignment to the NLF Decision. Those provisions  are clear and sufficiently precise to be 
applied directly by the actors concerned. 
The obligations provided for the Member States, such as the obligation to assess, appoint and 
notify the conformity assessment bodi es are, in any case, not tran sposed as such into national EN 11   EN law but implemented by the Member States by means of the necessary regulatory and 
administrative arrangements. This will not chan ge when the obligations  concerned are set out 
in a Regulation. 
Therefore, Member States have  almost no flexibility in tran sposing a Directive into their 
national law. The choice of a Re gulation will however allow them to save the costs associated 
with the transposition of a Directive. 
Additionally, a Regulation avoi ds the risk of possible  diverging transpositions of a Directive 
by the different Member States, which might lead to different levels of safety protection and 
create obstacles to the inte rnal market, undermining thus its effective implementation. 
The change from a Directive to a Regulation w ill not lead to any change in the regulatory 
approach. 
The characteristics of the New Approach will be  fully preserved, in particular the flexibility 
given to manufacturers in the choice of the me ans employed to comply with the essential 
requirements and in the choice of the proced ure used, amongst the available conformity 
assessment procedures, to demonstrate compliance of gas appliances. The existing mechanisms supporting the implementation of the legislation (standardisation process, 
working groups, administrative cooperation, th e development of guidance documents etc.) 
will not be affected by the nature of the legal instrument. 
Furthermore, the choice of a Regulation does not mean that the decision-making process is 
centralised. Member States retain their competence e.g. as regards the designation and accreditation of notified bodies, market surveill ance and enforcement action and of defining 
their gas supply conditions as far as the gas qualities are not harmonised at Union level. 
Finally, the use of Regulations in  the area of internal market legislation, allows, in accordance 
also with the preference expressed by stakeholders , to avoid the risk of ‘gold plating’. It also 
allows manufacturers to work directly with th e Regulation text instead of needing to identify 
and examine 28 transposition laws. 
On this basis, it is considered that the choice of a Regulation is the mo st appropriate solution 
for all involved parties as it wi ll allow a more rapid and cohere nt application of the proposed 
legislation and will establish a clearer re gulatory environment for economic operators. 
4. BUDGETARY
 IMPLICATION 
This proposal does not have any implication for the Union budget. 
5. ADDITIONAL  INFORMATION 
Repeal of existing legislation 
The adoption of the proposal will lead  to repeal of Directive 2009/142/EC. 
European Economic Area 
The proposal concerns the EEA and should therefore be extended to the European Economic 
Area. EN 12   EN 2014/0136 (COD) 
Proposal for a 
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 
on appliances burning gaseous fuels 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty on the Functioning of the European Union, and in particular 
Article 114 thereof, 
Having regard to the proposal from the European Commission, 
After transmission of the draft legislative act to the national Parliaments, Having regard to the opinion of the Eu ropean Economic and Social Committee
21, 
Acting in accordance with the or dinary legislative procedure, 
Whereas: (1) Directive 2009/142/EC of the European Pa rliament and of the Council relating to 
appliances burning gaseous fuels
22 lays down rules for the placing on the market and 
the putting into service of app liances burning gaseous fuels. 
(2) Directive 2009/142/EC is based on the New Ap proach principles, as set out in Council 
Resolution of 7 May 1985 on a new appro ach to technical harmonisation and 
standards23. Thus, it sets out only the essential requirements applying to appliances 
burning gaseous fuels, whereas technica l details are adopted  by the European 
Committee for Standardisation (CEN ) and the European Committee for 
Electrotechnical Standardisation (Cenelec) in accordance with Regulation (EU) No 
1025/2012 of the European Parliament and of the Council on European 
Standardisation24. Conformity with the harmonised standards so set, the reference 
numbers of which are published in the O fficial Journal of the European Union, 
provides a presumption of conformity with the requirements of Directive 
2009/142/EC. Experience has shown that those ba sic principles have worked well in 
this sector and should be mainta ined and even further promoted. 
(3) Experience from the implementation of Directive 2009/142/EC has shown the need to 
modify some of its provisions in order to cl arify and update them and ensure thus legal 
                                                 
21 OJ C […], […], p.[…]. 
22 Directive 2009/142/EC of the European Parliament and of the Council of 30 November 2009 relating to 
appliances burning gaseous fuels (OJ L 330, 16.12.2009, p.10). 
23 OJ C 136, 4.6.1985, p.1. 
24 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on 
European Standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 
94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 
87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 
14.11.2012, p.12). EN 13   EN certainty as regards the definitions relati ng to its scope, the content of the Member 
States' communications of their gas types and supply pressures a nd certain essential 
requirements. 
(4) As certain aspects of Directive 2009/142/ EC should be revised and enhanced, in the 
interests of clarity that Directive shoul d be repealed. Since the scope, essential 
requirements and conformity assessment pro cedures must be identical in all Member 
States, there is almost no flexibility in transposing a Directive based on the New Approach principles into national law. In order to simplify the regulatory framework, 
Directive 2009/142/EC should be replaced by a Regulation, which is the appropriate 
legal instrument as it imposes  clear and detailed rules which do not give room for 
divergent transposition by Me mber States and ensures thus a uniform implementation 
throughout the Union. 
(5) Decision No 768/2008/EC of the European  Parliament and of the Council on a 
common framework for the marketing of products 
25 lays down a common framework 
of general principles and reference provisi ons intended to apply across the legislation 
harmonising the conditions for the marketin g of products in or der to provide a 
coherent basis for revision or recasts of that  legislation. In order to ensure consistency 
with other sectoral produc t legislation, Directive 2009/142/ EC should be adapted to 
that Decision.  
(6) Regulation (EC) No 765/2008 of the European Parliament and of the Council setting 
out the requirements for accreditation a nd market surveillance relating to the 
marketing of products 26 lays down horizontal provisions on the accreditation of 
conformity assessment bodies [,market su rveillance of products and controls on 
products from third countries,] and the CE marking. 
(7) Regulation (EU) No […/…] of the Eu ropean Parliament and of the Council27 [on 
market surveillance of products] provides de tailed rules on market surveillance and on 
controls of products entering the Union from  third countries, in cluding appliances 
burning gaseous fuels. It also sets out a sa feguard clause procedure. Member States 
should organise and carry out market su rveillance, appoint market surveillance 
authorities and specify their powers and dutie s. They should also set up general and 
sector-specific market surveillance programs. 
(8) The scope of Directive 2009/142/EC should be maintained. This Regulation should 
apply to appliances burning gaseous fuels and to fittings incorporated into an 
appliance burning gaseous fuels. Applianc es burning gaseous fuels are domestic and 
non-domestic appliances intended for a number of specified applications. 
(9) This Regulation should aim to ensure th e functioning of the internal market of 
appliances burning gaseous fuels and of fittings as regards the gas safety risks and energy efficiency. 
(10) This Regulation should not apply where ot her Union harmonisation legislation covers 
more specifically the aspects covered by th is Regulation. This includes the measures 
                                                
 
25 Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common 
framework for the marketing of products and repealing Council Decision 93/465/EEC (OJ L 218, 
13.8.2008, p.82). 
26 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out 
the requirements for accreditation and market surveillance relating to the marketing of products and 
repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p.30). 
27 OJ L […], […], p. […]. EN 14   EN issued under Directive 2009/125/EC of the European Parliament and of the Council28 
establishing a framework for ecodesign requirements. 
(11) Article 6 of this Regul ation prevents Member States from imposing stricter 
requirements on health, safety and energy c onservation which would prohibit, restrict 
or impede the making available on the ma rket and the putting into service of 
appliances which comply with  this Regulation. However, th is provision does not affect 
the possibility for Member States, when im plementing other EU Directives, to impose 
requirements which affect the energy effici ency of products, incl uding gas appliances, 
as long as such measures are compatible with the Treaty.  
(12) Directive 2009/28/EC of the Eur opean Parliament and of the Council29 on the 
promotion of the use of energy from rene wable sources requires Member States to 
introduce in their building re gulations and codes appropriate measures in order to 
increase the share of all kinds of energy fr om renewable sources in  the building sector. 
Directive 2010/31/EU of the Eu ropean Parliament and of the Council on the energy 
performance of buildings30 requires Member States to set minimum energy 
performance requirements for buildings and building elements and system requirements in respect of the overall ener gy performance of th e technical building 
systems which are installed in existi ng buildings. Directiv e 2012/27/EU of the 
European Parliament and of the Council on energy efficiency 
31 requires Member 
States to take sufficient measures to pr ogressively reduce ener gy consumption in 
different areas including in buildings. 
(13) This Regulation does not affect the oblig ation for Member States  to adopt national 
measures with respect to the promotion of  the use of energy from renewable sources 
and to the energy efficiency of buildings in accordance with Directive s 2009/28/EC 
2010/31/EU and 2012/27/EU. It is consistent with the objec tives of thes e Directives 
that national measures may in certain circumstances limit the installation of gas 
appliances which comply with the rati onal use of energy requirement of this 
Regulation, provided that such requirements do not constitute an unjustifiable market 
barrier.  
(14) Member States should take the necessary steps to ensure that appliances burning 
gaseous fuels are made available on the market and put into service only where they do not compromise the safety of persons , domestic animals and property, when 
normally used. 
(15) The provisions of this Re gulation do not affect the Member States’ entitlement to lay 
down rules concerning commissi oning or periodic inspections  of appliances burning 
gaseous fuels in order to ensure their correct  installation, use and maintenance. 
(16) The provisions of this Re gulation do not affect the Member States’ entitlement to lay 
down requirements as they may deem necessa ry concerning installation aspects, space 
                                                
 
28 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing 
a framework for the setting of ecodesign requir ements for energy-related products (OJ L 285, 
31.10.2009, p.10). 
29 Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the 
promotion of the use of energy from renewable sources and amending and subsequently repealing 
Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p.16).  
30 Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy 
performance of buildings (OJ L 153, 18.6.2010, p.13). 
31 Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy 
efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 
2006/32/EC (OJ L 315, 14.11.2012, p.1). EN 15   EN ventilation conditions and aspects relating to  the safety of the building itself and its 
energy performance, provided that t hose provisions do not impose design 
requirements on appliances burning gaseous fuels. 
(17) As this Regulation does not cover such  risks caused by appliances burning gaseous 
fuels in case of incorrect installation, ma intenance or use, Member States are 
encouraged to take measures to ensure that public is made aware of the risks related to 
combustion products and in particular to carbon monoxide. 
(18) Although this Regulation does not regulate the gas suppl y conditions in the Member 
States, it should take into account the fact th at different conditions as regards types of 
gas and supply pressures are in force in the Member States in the absence of 
harmonisation of the technical characteristic s of the gaseous fuel . The composition and 
specifications of the types of gas and the supply pressures at the place where an 
appliance burning gaseous fuels is put into service is very important for its safe and 
correct functioning and therefore this aspect should be taken into consideration already 
at the design phase of the appliance in order to ensure its compatibility with the gas type(s) and supply pressure (s) it is intended for. 
(19) In order to avoid barriers to trade with regard to appl iances burning gaseous fuels on 
grounds relating to the fact that the gas supply conditions are not yet harmonised and 
ensure thus a sufficient information of economic operators, Member States should 
communicate to the other Member States and to the Commission the gas types and 
supply pressures used in their territory  and any changes thereof in good time. 
(20) The communication of the gas types and supply pressures by Member States should 
contain the relevant necessary information for economic operators. In this framework, 
the primary source of the gaseous fuel supplie d is not relevant for the characteristics, 
the performance and the compatibility of a ppliances burning gaseous fuels with the 
communicated gas supply conditions. 
(21) When determining the gas families and gas groups used on their territory, Member 
States are encouraged to take into account the on-g oing standardisation work 
concerning gas qualities and ensure thus acr oss the Union, a coherent and coordinated 
approach towards harmonisation of the gaseous fuels via standardisation. 
(22) When in accordance with Directive 2009/73/EC of the European Parliament and of the 
Council concerning common rules for the internal market in natural gas
32 and the on-
going standardisation work of CEN on the ga s quality specifications, Member States 
take concrete measures for a wider use of  biogas by injecting such gas into the gas 
distribution network or by distributing such gas through isolated systems, they should 
ensure to timely update their communication of gas types in case the quality of the 
supplied gas does not remain within the already communicated quality range. 
(23) When Member States establish their nati onal action plans in acco rdance with Directive 
2009/28/EC in order to comply with their obligation to increase the percentage of 
renewables energies and in particular bioga s in the total energy consumption, they are 
encouraged to consider the possibilities of injecting such gases in the gas distribution 
network. 
(24) Member States should take the necessary  measures to ensure that the gas supply 
conditions do not constitute barriers to trad e and that they do not restrict the putting 
                                                 
32 Directive 2009/73/EC of the European Parliament and of the Council of 13 July 2009 concerning 
common rules for the internal market in natural gas and repealing Directive 2003/55/EC (OJ L 
211,14.8.2009, p.94). EN 16   EN into service of appliances burning gaseous fu els that are compatible with the local gas 
supply conditions. 
(25) Appliances burning gaseous fuels covere d by this Regulation and complying with its 
provisions should benefit from the prin ciple of free moveme nt of goods. Such 
appliances should be allowed to be put into service provided that they are compatible 
with the local gas supply conditions. 
(26) The appliance category marking indicated  on the appliance data plate establishes a 
direct link with the gas families and/or gas groups for which an appliance burning 
gaseous fuels has been designed to burn safe ly at the desired performance level and 
thus ensures the compatibility of the app liance with the local gas supply conditions. 
(27) The essential safety, health and ra tional use of energy requirements should be 
observed in order to ensure that applia nces burning gaseous fuels are safe when 
normally used at the desired performance level. 
(28) The essential requirements should be interpreted and appl ied so as to take account of 
the state of the art at the time of design and manufacture as well as of technical and 
economic considerations which are consistent  with a high degree  of health, safety 
protection and rational use of energy. 
(29) Economic operators should be responsible  for the compliance of appliances burning 
gaseous fuels and of fittings with the requi rements of this Regulation, in relation to 
their respective roles in the s upply chain, so as to ensure a high level of protection of 
public interests, such as health, safety, rational use of energy and the protection of 
consumers and other users, domestic anim als and property and to guarantee fair 
competition on the Union market. 
(30) All economic operators in tervening in the supply and di stribution chain should take 
appropriate measures to ensure that they only make available on the market appliances 
burning gaseous fuels which are in conformity with this Regulation. It is necessary to 
provide for a clear and propor tionate distribution of oblig ations which correspond to 
the role of each economic operator in  the supply and distribution chain. 
(31) The manufacturer, having detailed know ledge of the design and production process, is 
best placed to carry out the complete conf ormity assessment procedure. Conformity 
assessment should therefore remain solely  the obligation of the manufacturer. 
(32) The manufacturer should provide sufficien t and detailed information on the intended 
use of the appliance burning gaseous fuels so as to allow its correct and safe installation and putting into se rvice, use and maintenance. Such information may need 
to include the technical specifications of the interface between the appliance and its 
installation environment. 
(33) In order to facilitate  the communication between econom ic operators, national market 
surveillance authorities and consumers, Me mber States should encourage economic 
operators to include a website addres s in addition to the postal address. 
(34) It is necessary to ensure that applian ces burning gaseous fuels and fittings from third 
countries entering the Union market comply with the requirements  of this Regulation, 
and in particular that appropriate conform ity assessment procedures have been carried 
out by manufacturers with regard to those appliances and fittings. Provision should therefore be made for importers to make su re that the appliances  burning gaseous fuels 
and fittings they place on the market comply  with the requirements of this Regulation 
and that they do not place on the market ap pliances and fittings which do not comply EN 17   EN with such requirements or pr esent a risk. Provision should also be made for importers 
to make sure that conformity assessment procedures have been carried out and that 
appliance marking and documentation draw n up by manufacturers are available for 
inspection by the competent supervisory authorities. 
(35) The distributor makes an appliance burning gaseous fuels or a fitting available on the 
market after it has been placed on the mark et by the manufacturer or the importer and 
should act with due care to ensure that its handling of the applia nce or fitting does not 
adversely affect its compliance. 
(36) When placing on the market an applianc e burning gaseous fuels or a fitting, every 
importer should indicate on the appliance or f itting his name, registered trade name or 
registered trade mark and the postal address at which he can be contacted. Exceptions 
should be provided for in cases where the size or nature of the appliance or fitting does not allow it. This includes cases where the importer would have to open the packaging 
to put his name and address on the product. 
(37) Any economic operator that either places  an appliance burning gaseous fuels or a 
fitting on the market under his own name or  trademark or modifies an appliance 
burning gaseous fuels or a fitting in such a way that compliance with the requirements 
of this Regulation may be affected should be  considered to be the manufacturer and 
should assume the obligations of the manufacturer. 
(38) Distributors and importers, being close to the market place, should be involved in 
market surveillance tasks carri ed out by the competent national authorities, and should 
be prepared to participate actively, providing those auth orities with all necessary 
information relating to the appliance burning gaseous fuels or fitting concerned. 
(39) Ensuring traceability of an appliance burning gaseous fuels or a fitting throughout the 
whole supply chain helps to make market su rveillance simpler and more efficient. An 
efficient traceability system facilitates market  surveillance authorities' task of tracing 
economic operators who made non-compliant  appliances burning gaseous fuels or 
fittings available on the market. 
(40) This Regulation should be limited to the expression of the essential requirements. In 
order to facilitate conformity assessment with those requirements it is necessary to 
provide for presumption of conformity for a ppliances burning gaseous fuels or fittings 
which are in conformity with harmonised standards that are adopted in accordance 
with Regulation (EU) No 1025/2012 of the Eu ropean Parliament a nd of the Council on 
European Standardisation
33 for the purpose of expressing detailed technical 
specifications of those requirements, especia lly with regard to the design, manufacture, 
operation, testing the rational use of ener gy and installation of appliances burning 
gaseous fuels. 
(41) Regulation (EU) No 1025/ 2012 provides for a procedure for objections to harmonised 
standards where those standa rds do not entirely satisf y the requirements of this 
Regulation. 
                                                 
33 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on 
European Standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 
94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 
87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 
14.11.2012, p.12). EN 18   EN (42) In order to enable economic operators to  demonstrate and the competent authorities to 
ensure that appliances burning gaseous fuels or fittings made available on the market conform to the essential requirements, it is necessary to provide for conformity 
assessment procedures. Decision No 768/2008/EC  establishes modules for conformity 
assessment procedures, which include procedures  from the least to the most stringent, 
in proportion to the leve l of risk involved a nd the level of safety required. In order to 
ensure inter-sectoral coherence and to avoi d ad-hoc variants, c onformity assessment 
procedures should be chosen from among those modules. 
(43) Manufacturers of appliances burning gase ous fuels should draw up an EU declaration 
of conformity to provide information requi red under this Regulation on the conformity 
of an appliance with the requirements of th is Regulation and of other relevant Union 
harmonisation legislation. 
(44) To ensure effective ac cess to information for market surveillance purposes, the 
information required to identify all applicab le Union Acts for an appliance burning 
gaseous fuels should be available in a single EU declaration of conformity. 
(45) Manufacturers of fittings should issue a Fitting conformity certificate to provide 
information required under this Regulation on the conformity of the fitting with the 
requirements of this Regulation. In case th e fitting is subject also to other Union 
harmonisation legislation, manufacturers of f ittings should also, where relevant, issue 
an EU declaration of conformity in  accordance with that legislation. 
(46) The CE marking, indicating the conformity  of an appliance burning gaseous fuels is 
the visible consequence of a whole proce ss comprising conformity assessment in a 
broad sense. General princi ples governing the CE marki ng and its relationship with 
other markings are set out  in Regulation (EC) No 765/2008. Rules governing the 
affixing of the CE marking should be laid down in this Regulation. 
(47) Fittings are not appliances burning ga seous fuels, but intermediate products made 
available between professionals and intended to  be incorporated into  an appliance. As 
the appropriate design of a fitting contributes to the correct and safe functioning of a finished appliance and as th e gas related risks of an appliance can only be assessed 
after incorporation of the fitt ing, it is appropriate that fittings do not bear the CE 
marking. 
(48) A check of compliance of appliances burning gaseous fuels and of fittings with the 
essential requirements provided for in this Regulation is necessary in order to provide 
effective protection for users and third parties. 
(49) In order to ensure comp liance of appliances burning ga seous fuels with the essential 
requirements, it is necessary to lay down appropriate conformity assessment 
procedures to be followed by the manufacturer . Those procedures should be set from 
the conformity assessment modules laid down in Decision No 768/2008/EC. 
(50) The conformity assessment procedures  set out in this Regulation require the 
intervention of conformity assessment bodies, which are notified by the Member 
States to the Commission. 
(51) Experience has shown that the criter ia set out in Direc tive 2009/142/EC that 
conformity assessment bodies have to fulfil to be notified to the Commission are not sufficient to ensure a uniformly high level of performance of these bodies throughout the Union. It is, however, esse ntial that all conformity assessment bodies perform their 
functions to the same level and under conditi ons of fair competition. That requires the EN 19   EN setting of obligatory requirements for conf ormity assessment bodies wishing to be 
notified in order to provide conformity assessment services. 
(52) In order to ensure a c onsistent level of conformity assessment quality, it is also 
necessary to set requirements  for notifying authorities and other bodies involved in the 
assessment, notification and monitoring of notified bodies. 
(53) If a conformity assessment body demonstrat es conformity with the criteria laid down 
in harmonised standards, it should be pres umed to comply w ith the corresponding 
requirements set out in this Regulation. 
(54) The system set out in this Regulatio n should be complemented by the accreditation 
system provided for in Regulation (EC)  No 765/2008. Since accreditation is an 
essential means of verifying the compet ence of conformity assessment bodies, it 
should also be used for th e purposes of notification. 
(55) Transparent accreditation as provided for in Regulation (EC) No 765/2008, ensuring 
the necessary level of confid ence in conformity certificates , should be considered by 
the national public authorit ies throughout the Union as the preferred means of 
demonstrating the technical competence of  conformity assessment bodies. However, 
national authorities may consider that they  possess the appropriate means of carrying 
out that evaluation themselves. In such cases , in order to ensure the appropriate level 
of credibility of evaluations carried out  by other national authorities, they should 
provide the Commission and the other Member  States with the necessary documentary 
evidence demonstrating the compliance of th e conformity assessment bodies evaluated 
with the relevant regu latory requirements. 
(56) Conformity assessment bodies frequently s ubcontract parts of their activities linked to 
the assessment of conformity or have recour se to a subsidiary. In  order to safeguard 
the level of protection required for the app liances burning gaseous fuels to be placed 
on the Union market, it is essential that conformity assessment subcontractors and 
subsidiaries fulfil the same requirement s as notified bodies in relation to the 
performance of conformity assessment tasks. Therefore, it is important that the assessment of the competence and the performance of bodies  to be notified and the 
monitoring of bodies alr eady notified cover also activities carried out by 
subcontractors and subsidiaries. 
(57) It is necessary to increase the efficiency  and transparency of th e notification procedure 
and, in particular, to adapt it to new technol ogies so as to enable online notification. 
(58) Since conformity assessment bodies may offer their services throughout the Union, it 
is appropriate to give the other Member States and the Commission the opportunity to 
raise objections concerning a notified body. It is therefore important  to provide for a 
period during which any doubts or concerns as to the competen ce of conformity 
assessment bodies can be clarified before they start operating as notified bodies. 
(59) In the interests of comp etitiveness, it is cr ucial that conformity assessment bodies 
apply the conformity assessment procedures  without creating unnecessary burdens for 
economic operators. For the same reason, a nd to ensure equal treatment of economic 
operators, consistency in the technical a pplication of the conformity assessment 
procedures needs to be ensured. That can  best be achieved through appropriate 
coordination and cooperation betwee n conformity assessment bodies. 
(60) In order to ensure un iform conditions for the implem entation of this Regulation, 
implementing powers should be conferred to the Commission. Those powers should 
be exercised in accordance with Regula tion (EU) No 182/2011 of the European EN 20   EN Parliament and of the Council laying down the rule s for the Commission’s exercise of 
implementing powers34. 
(61) The advisory procedure should be us ed for the adoption of implementing acts 
requesting the notifying Member State to ta ke the necessary corrective measures in 
respect of notified bodies that  do not meet or no longer meet the requirements for their 
notification. 
(62) In order to take into account the technical developments , the power to adopt acts in 
accordance with Article 290 of the Treaty should be delegated to the Commission in 
respect of amendments to the conten t and the form of the Member State 
communications on the gas supply conditions on th eir territory. 
(63) The Commission, when preparing and dr awing-up delegated ac ts, should ensure a 
simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. 
(64) It is necessary to provide for transiti onal arrangements that allow the making available 
on the market or the putting into service of appliances burning gaseous fuels and 
fittings that have already been placed on the market in accordance with Directive 2009/142/EC. 
(65) Member States should lay down rules on pena lties applicable to infringements to this 
Regulation and ensure that they are impleme nted. Those penalties should be effective, 
proportionate and dissuasive. 
(66) Since the objective of this Regulation, namely to ensure that appliances burning 
gaseous fuels on the market fulfil the re quirements providing for a high level of 
protection of health and safety of users a nd protection of domestic animals or property 
and for rational use of energy, while guaranteeing the functioning of the internal market cannot be sufficiently achieved by th e Member States a nd can therefore, by 
reason of its scale and effects, be better achieved at Union level, the Union may adopt 
measures, in accordance with the principle of subsidiarity as set out in Article 5 of the 
Treaty on European Union. In accordance with the principle of proportionality, as set 
out in that Article, this Re gulation does not go beyond what is necessary in order to 
achieve that objective. 
(67) Directive 2009/142/EC s hould therefore be repealed. 
HAVE ADOPTED THIS REGULATION: 
CHAPTER I 
GENERAL PROVISIONS 
Article 1 
Scope 
(1) This Regulation shall apply to appliances and fittings. 
                                                
 
34 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 
laying down the rules and general principles concerni ng mechanisms for contro l by the Member States 
of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p.13). EN 21   EN (2) For the purposes of this Regulation, an applia nce shall be considered to be ‘normally 
used’ where the following conditions are met: 
(a) it is correctly installed and regularl y serviced in acco rdance 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. 
(c) it is used in accordance with its inte nded purpose or in a way which can be 
reasonably foreseen. 
(3) This Regulation shall not apply to: 
(a) Appliances specifically designed for use in  industrial proces ses carried out on 
industrial premises. 
(b) Appliances specifically designed fo r use on aircrafts and railways. 
(c) Appliances specifically designed for re search purposes for temporary use in 
laboratories. 
(4) Where, for appliances or fittings, the aspects covered by this Regulation are covered 
more specifically by other acts of Union harmonisation legislat ion, this Regulation 
shall not apply or shall cease to apply to su ch appliances or fitt ings in respect of 
those aspects. 
(5) The rational use of energy essential requir ement in point 3.5 of  Annex I to this 
Regulation shall not apply to appliances covered by a measure issued pursuant to 
Article 15 of Directive 2009/125/EC. 
Article 2 
Definitions 
For the purposes of this Regulation th e following definitions shall apply: 
(1) ‘appliances’ means appliances  burning gaseous fuels used for cooking, refrigeration, 
air-conditioning, space  heating, hot water production, lighting and washing, as also 
forced draught burners and heating bodi es to be equipped with such burners; 
(2) ‘fittings’ means safety devices, controlli ng devices or regulating devices and sub-
assemblies thereof, separately marketed for trade use and designed to be incorporated 
into an appliance burning gaseous fuels or to be  assembled to constitute such an 
appliance; 
(3) ‘burning’ means a process in which gaseous  fuel reacts with oxygen producing heat 
or light; 
(4) ‘washing’ means the entire washing pr ocess, including drying and ironing; 
(5) ‘gaseous fuel’ means any fuel which is in a gaseous state at a temperature of 15 °C 
under a pressure of 1 bar; 
(6) ‘industrial process’ means the extraction, growth, refining, pr ocessing, production, 
manufacture or preparation of  materials, plants, livestock, animal products, food or 
other products with a view to its commercial use; 
(7) ‘specific design’ means a design for an appl iance when that design is only intended 
to address a specific need for a specific process; EN 22   EN (8) ‘industrial premises’ means any place wher e 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 Wo bbe index within that of the family 
concerned; 
(11) ‘Wobbe index’ means an indicator of the in terchangeability of fuel gases used to 
compare the combustion energy output of different composition fuel gases in an appliance; 
(12) ‘appliance category’ means the identificati on of gas families and/or gas groups that 
an appliance is designed to burn safely a nd at the desired performance level, as 
indicated by the appliance categ ory marking, determined by CEN; 
(13) ‘making available on the mark et of appliances’ means a ny supply of appliances for 
distribution or use on the Union market in the course of a commercial activity, 
whether in return for payment or free of charge; 
(14) ‘making available on the market of fitti ngs’ means any supply for trade use of 
fittings for distribution on the Union market  in view of incorporation into an 
appliance or assembled to constitute such an appliance, whether in return for payment or free of charge; 
(15) ‘energy efficiency’ means the ratio of output of performance of an appliance, to input 
of energy; 
(16) ‘placing on the market’ means the first making available of an appliance or a fitting 
on the Union market; 
(17) ‘putting into service’ means the first use of an applianc e or its first use for the 
manufacturer’s own purposes; 
(18) ‘manufacturer’ means any natural or legal pe rson who manufactures an appliance or 
a fitting or who has such an appliance or fitting de signed or manufactured, and 
markets that product under his name or trademark; 
(19) ‘authorised representative’ means any natural or legal person established within the 
Union who has received a written mandate fr om a manufacturer to act on his behalf 
in relation to specified tasks; 
(20) ‘importer’ means any natural or legal pe rson established within the Union who 
places an appliance or a fitting from a third country on the Union market; 
(21) ‘distributor’ means any natural or legal pe rson in the supply chain, other than the 
manufacturer or the importer, who makes an appliance or a fitting available on the market; 
(22) ‘economic operators’ means the manufactur er, the authorised representative, the 
importer and the distributor; 
(23) ‘technical specification’ means a document that  prescribes technical requirements to 
be fulfilled by an appliance or a fitting; 
(24) ‘harmonised standard’ means harmonised stan dard as defined in Article 2(1)(c) of 
Regulation (EU) No 1025/2012; EN 23   EN (25) ‘accreditation’ means accreditation as define d in Article 2(10) of  Regulation (EC) No 
765/2008; 
(26) ‘national accreditation body’ means national accreditation body as defined in Article 
2(11) of Regulation (EC) No 765/2008; 
(27) ‘conformity assessment’ means the process demonstrating whether the essential 
requirements of this Regulation relating to  an appliance or a fitting have been 
fulfilled; 
(28) ‘conformity assessment body’ means a body that performs conformity assessment 
activities including calib ration, testing, certification and inspection; 
(29) ‘recall’ means any measure aimed at achieving  the return of an appliance that has 
already been made ava ilable to the end-user; 
(30) ‘withdrawal’ means any measure aimed at pr eventing an appliance or a fitting in the 
supply chain from being made available on the market; 
(31) ‘CE marking’ means a marking by which the manufacturer indicates that the 
appliance is in conformity with the applicable requirements set out in Union harmonisation legislation pr oviding for its affixing; 
(32) ‘Union harmonisation legislation’ means any Union legislation harmonising the 
conditions for the marketing of products. 
Article 3 
Making available on the market and putting into service 
(1) Member States shall take all appropriate m easures to ensure that  appliances may be 
made available on the market and put in to service only if they satisfy the 
requirements of this Regulation. 
(2) Member States shall take all appropriate m easures to ensure that fittings may be 
made available on the market only if they satisfy the requirements of this Regulation. 
(3) This Regulation shall not aff ect Member States’ entitlement to lay the requirements 
which they may deem necessary to ensure that persons, domestic animals and 
property are protected during the normal use of the appliances, pr ovided that this 
does not mean modifications to such appliances. 
Article 4 
Gas supply conditions 
(1) Member States shall communicate to Comm ission and the other Member States, the 
types of gas and corresponding supply pre ssures of gaseous fuels used on their 
territory and in good time any changes thereof, in accordance with the requirements set out in Annex II. 
(2) The Commission shall ensure that th is information is published in the Official 
Journal of the European Union . EN 24   EN Article 5 
Essential requirements 
Appliances and fittings shall comply with the e ssential requirements which apply to them set 
out in Annex I.  
Article 6 
Free movement 
(1) Member States shall not, on grounds rela ting to the aspects covered by this 
Regulation, prohibit, restrict or impede the making available on the market and the 
putting into service of appliances which comply with this Regulation. 
(2) Member States shall not, on grounds relating to the risks covered by this Regulation, 
prohibit, restrict or impede the making av ailable on the market of fittings which 
comply with this Regulation. 
(3) This Regulation shall not affect the obligation for Member States to provide for 
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 Treaty. 
CHAPTER II 
OBLIGATIONS OF ECONOMIC OPERATORS 
Article 7 [Article R2 of Decision No 768/2008/EC] 
Obligations of manufacturers 
(1) When placing their appliances  or fittings on the market, manufacturers shall ensure 
that they have been designed and manuf actured in accordance with the essential 
requirements set out in Annex I. 
(2) Manufacturers of appliances or fittings shall draw up the technical documentation 
referred to in Annex III and carry out the relevant conformity assessment procedure 
referred to in Article 14 or  have it carried out. 
Where compliance of an a ppliance with the applicab le requirements has been 
demonstrated by the procedure referred to in the first subpar agraph, manufacturers 
shall draw up an EU declaration of conformity and affix the CE marking. 
Where compliance of a fitting with the applicable requirements has been 
demonstrated by the procedure referred to in the first subpar agraph, manufacturers 
shall draw up a Fitting conformity certificate. 
(3) Manufacturers shall keep the technical documentation and the EU declaration of 
conformity for 10 years af ter the appliance has been placed on the market. 
Manufacturers shall keep the technical documentation and the Fitting conformity 
certificate for 10 years after the fitt ing has been placed on the market. EN 25   EN (4) Manufacturers shall ensure that procedures  are in place for series production to 
remain in conformity. Changes in appliance or fitting design or characteristics and changes in the harmonised standards or in ot her technical specifications by reference 
to which the conformity of the appliance or the fitting is declared shall be adequately 
taken into account. 
When deemed appropriate with regard to the risks presented by an appliance or a 
fitting, manufacturers shall, to protect the health and safety of consumers and other end-users, carry out sample testing of th e appliance made available on the market, 
investigate, and, if necessary, keep a re gister of complaints of non-conforming 
appliances and fittings, and recalls of such  appliances, and shall keep distributors 
informed of any such monitoring. 
(5) Manufacturers shall ensure that their appliances  or fittings bear a type, batch or serial 
number or other element a llowing their identification. 
Where the size or nature of the appliance or the  fitting does not allow it, 
manufacturers shall ensure that the re quired information is provided on the 
packaging. 
(6) Manufacturers shall indicate their name, regi stered trade name or registered trade 
mark, the postal address at which they can  be contacted on the appliance or, where 
that is not possible, on the packaging and in the instructions accompanying the 
appliance. The address must indicate a si ngle point at which the manufacturer can be 
contacted. The contact details shall be in  a language easily understood by consumers 
and other users and the market surveillance  authorities as determined by the Member 
State concerned. 
Manufacturers shall indicate their name, regi stered trade name or registered trade 
mark, the postal address at which they can be contacted on the fitting or, where that is not possible, on the packaging and in the instructions accompanying the fitting. 
The address must indicate a single point at  which the manufacturer can be contacted.  
(7) Manufacturers shall ensure that the appliance is accompanied by instructions and 
safety information in accordance with point  1.5 of Annex I, in a language which can 
be easily understood by consumers and other end-users, as determined by the Member State concerned. Such instructions and safety information shall be clear, understandable and intelligible. 
Manufacturers shall ensure that the fitting is accompanied by the Fitting conformity 
certificate containing, amongst others, instru ctions for incorporation or assembly, 
adjustment, operation and maintenance in acco rdance with point 1.7 of Annex I, in a 
language which can be easily understood by appliance manufacturers. The instructions shall be clear, unde rstandable and intelligible. 
(8) Manufacturers who consider or have reason to believe that the an appliance or a 
fitting which they have placed on the ma rket is not in conformity with this 
Regulation shall immediately take the nece ssary corrective measures necessary to 
bring that appliance or fitting into conf ormity, to withdraw it or recall it, as 
appropriate. Furthermore, where the appl iance or the fitting presents a risk, 
manufacturers shall immediately inform th e competent national authorities of the 
Member States in which they made the appliance or the fitting available on the market to that effect, giving details, in particular, of the non-compliance and of any 
corrective measures taken. EN 26   EN (9) Manufacturers shall, further to a reas oned request from a competent national 
authority, provide it with all the information and documentation necessary to demonstrate the conformity of the applian ce or the fitting with this Regulation, in a 
language which can be easily understood by that authority. That information and documentation may be provided in paper or electronic form. They shall cooperate 
with that authority, at its request, on any action taken to eliminate the risks posed by 
the appliances or fittings which they have placed on the market.  
Article 8 [Article R3 of Decision No 768/2008/EC] 
Authorised representatives 
(1) A manufacturer may, by a written mandate, a ppoint an authorised representative. 
The obligations laid down in Article 7(1) and the drawing up of technical 
documentation shall not form part of th e authorised representative's mandate. 
(2) An authorised representative shall perform the tasks specified in the mandate 
received from the manufacturer. The ma ndate shall allow the authorised 
representative to do at  least the following: 
(a) keep the EU declaration of  conformity and the tec hnical documentation at the 
disposal of national surveillance authorit ies for 10 years after the appliance has 
been placed on the market; 
(b) keep the Fitting conformity certificate and the technical documentation at the 
disposal of national surveillance author ities for 10 years after the fitting has 
been placed on the market; 
(c) further to a reasoned request from a co mpetent national authority, provide that 
authority with all the information and documentation necessary to demonstrate 
the conformity of the appliance or fitting; 
(d) cooperate with the compet ent national authorities, at their request, on any 
action taken to eliminate the risks posed by appliances or fittings covered by 
the authorised representative’s mandate. 
Article 9 [Article R4 of Decision No 768/2008/EC] 
Obligations of importers 
(1) Importers shall place only compliant appliances or fittings on the market. 
(2) Before placing an appliance on the mark et, importers shall ensure that the 
appropriate conformity assessment procedur e in accordance with Article 14 has been 
carried out by the manufacturer. They shall ensure that the manufacturer has drawn 
up the technical documentation, that the appliance bears the CE marking and is 
accompanied by instructions and safety information in accordance with point 1.5 of Annex I, and that the manufacturer has complied with the requirements set out in 
Article 7(5) and (6) respectively. 
Before placing a fitting on the market, importe rs shall ensure that the appropriate 
conformity assessment procedure in accordan ce with Article 14 has been carried out 
by the manufacturer. They shall ensure that the manufacturer has drawn up the 
technical documentation, that the fitti ng is accompanied by the Fitting conformity EN 27   EN certificate containing, amongst others, instru ctions for incorporation or assembly, 
adjustment, operation and maintenance in accordance with point 1.7 of Annex I, and 
that the manufacturer has complied with the requirements set out in Article 7(5) and (6) respectively. 
Where an importer considers or has reason to believe that an appliance or a fitting is 
not in conformity with the essential requi rements set out in Annex I, he shall not 
place the appliance or the fitting on the market until it has been brought into 
conformity. Furthermore, where the appliance or the fitting presents a risk, the importer shall inform the manufacturer and th e market surveillance authorities to that 
effect. 
(3) Importers shall indicate their name, register ed trade name or registered trade mark 
and the postal address at which they can be  contacted on the appliance or where that 
is not possible, on its packaging and in th e instructions accompanying the appliance. 
The contact details shall be in a langua ge easily understood by consumers and other 
end-users and of the market surveillance authorities as determined by the Member 
State concerned. 
Importers shall indicate their name, register ed trade name or registered trade mark 
and the postal address at which they can be contacted on the fitting or where that is not possible, on its packaging. The contact details shall be in  a language easily 
understood by appliance manufact urers and the market surv eillance authorities as 
determined by the Member State concerned. 
(4) Importers shall ensure that the appliance is accompanied by instructions and safety 
information in accordance w ith point 1.5 of Annex I, in  a language which can be 
easily understood by consumers and other end-users, as determined by the Member State concerned. 
Importers shall ensure that the fitting is  accompanied by the Fitting conformity 
certificate containing, amongst others, instru ctions for incorporation or assembly, 
adjustment, operation and maintenance in acco rdance with point 1.7 of Annex I, in a 
language which can be easily understood by appliance manufacturers, as determined by the Member State concerned. 
(5) Importers shall ensure that, while an  appliance or a fitting is under their 
responsibility, storage or transport conditi ons do not jeopardise their compliance with 
the requirements set out in Annex I. 
(6) When deemed appropriate with regard to the risks  presented by an appliance or a 
fitting, importers shall, to protect the h ealth and safety of the users, upon a duly 
justified request of the competent authorities, carry out sample testing of appliances or fittings made availabl e on the market, investigate, and, if necessary, keep a 
register of complaints of nonconforming app liances or fittings and recalls of such 
appliances, and shall keep  distributors informed of any such monitoring. 
(7) Importers who consider or have reason to be lieve that an appliance or a fitting which 
they have placed on the market is not in conformity with this Regulation shall immediately take the corrective measures n ecessary to bring that  appliance or the 
fitting into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the appliance or the fitting presents a risk, importers shall immediately inform the 
competent national authorities of the Member States in which they made the appliance or the fitting available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken. EN 28   EN (8) Importers shall, for 10 years after the appl iance has been placed  on the market, keep 
a copy of the EU declaration of  conformity at the disposal  of the market surveillance 
authorities and ensure that  the technical documentation can be made available to 
those authorities, upon request. 
Importers shall, for 10 years after the fitting has been placed on the market, keep a 
copy of the Fitting conformity certificate at  the disposal of the market surveillance 
authorities and ensure that  the technical documentation can be made available to 
those authorities, upon request. 
(9) Importers shall, further to a reasoned re quest from a competent national authority, 
provide it with all the in formation and documentation ne cessary to demonstrate the 
conformity of an appliance or a fitting in  a language which can  be easily understood 
by that authority. That information and doc umentation may be provided in paper or 
electronic form. They shall cooperate with that authority, at its request, on any action 
taken to eliminate the risks posed by applia nces or fittings which they have placed on 
the market.  
Article 10 [Article R5 of Decision No 768/2008/EC] 
Obligations of distributors 
(1) When making an appliance or fitting avai lable on the market distributors shall act 
with due care in relation to th e requirements of this Regulation. 
(2) Before making an appliance available on the ma rket distributors shall verify that the 
appliance bears the CE marking and it is accompanied by instructions and safety 
information in accordance w ith point 1.5 of Annex I, in  a language which can be 
easily understood by consumers and other en d-users as determined by the Member 
State in which the appliance is to be ma de available on the market, and that the 
manufacturer and the importer have complied with the requirements set out in Article 
7(5) and (6) and Article  9(3) respectively. 
Before making a fitting available on the ma rket distributors shall verify that the 
fitting is accompanied by the Fitting conf ormity certificate containing, amongst 
others, instructions for incorporation or assembly, adjustment, operation and 
maintenance in accordance with point 1.7 of  Annex I, in a language which can be 
easily understood by appliance manufacturers, and that the manufacturer and the 
importer have complied with the requirement s set out in Article 7(5) and (6) and 
Article 9(3) respectively. 
Where a distributor considers or  has reason to believe that an  appliance or a fitting is 
not in conformity with the essential requi rements set out in Annex I, he shall not 
make the appliance or the f itting available on the market  until it has been brought 
into conformity. Furthermore, where the ap pliance or the fitting presents a risk, the 
distributor shall inform the manufacturer or the importer to that effect as well as the 
market surveillance authorities. 
(3) Distributors shall ensure that, while an appliance or a fitting is under their 
responsibility, storage or transport conditi ons do not jeopardise their/its compliance 
with the essential requirements set out in Annex I. 
(4) Distributors who consider or  have reason to believe that  an appliance or a fitting 
which they have made available on the ma rket is not in conformity with this EN 29   EN Regulation shall make sure that the corr ective measures necessary to bring that 
appliance into conformity, to  withdraw it or recall it, if appropriate, are taken. 
Furthermore, where the appliance presents  a risk, distributors shall immediately 
inform the competent national authorities of the Member States in which they made the appliance available to th at effect, giving details,  in particular, of the non-
compliance and of any corrective measures taken. 
(5) Distributors shall, further to a reasoned  request from a competent national authority, 
provide it with all the in formation and documentation ne cessary to demonstrate the 
conformity of an appliance or a fitting. That information and documentation may be 
provided in paper or electronic form. They shall cooperate with that authority, at its 
request, on any action taken to eliminate the risks posed by the appliance or the 
fitting which they have made available on the market.  
Article 11 [Article R6 of Decision No 768/2008/EC] 
Cases in which obligations of manufactu rers apply to importers and distributors 
An importer or distributor shall be consider ed a manufacturer for the purposes of this 
Regulation and he shall be s ubject to the obligations of the manufacturer under Article 7, 
where he places an appliance or a fitting on the market under his name or trademark or 
modifies an appliance or a fitting already placed  on the market in such a way that compliance 
with the requirements of this  Regulation may be affected. 
Article 12 [Article R7 of Decision No 768/2008/EC] 
Identification of economic operators 
Economic operators shall, on re quest, identify the following to  the market surveillance 
authorities: 
(a) any economic operator who has supplied them  with an appliance or a fitting; 
(b) any economic operator to whom they have  supplied an appliance or a fitting. 
Economic operators shall be able to present the information referred to in the first paragraph 
for a period of 10 years after they have been su pplied with the appliance or the fitting and for 
a period of 10 years after they have supplied the applian ce or the fitting. 
CHAPTER III 
CONFORMITY OF APPLIANCES AND FITTINGS 
Article 13 [Article R8 of Decision No 768/2008/EC] 
Presumption of conformity of appliances and fittings 
Appliances and fittings which are in conformity with harmonised standards or parts thereof the 
references of which have been published in the Official Journal of the European Union  shall be 
presumed to be in conformity with the essent ial requirements covered by those standards or 
parts thereof, referred to in Annex I.  EN 30   EN Article 14 
Conformity assessment procedure for appliances and fittings 
(1) Before an appliance or a fitting is plac ed on the market, the manufacturer shall 
submit it to a conformity assessment procedure in accordance with paragraphs 2 or 3. 
(2) The conformity of series-manufactured appl iances and fittings with the requirements 
of this Regulation shall be certifie d through EU-type examination (Module B – 
production type) referred to in point 1 of Annex III, combined with either of the following conformity assessment procedures , at the choice of the manufacturer: 
(a) conformity to type based on internal  production control plus supervised 
appliance or fitting checks at random intervals (M odule C2), set out in point 2 
of Annex III; 
(b) conformity to type based on quality  assurance of the production process 
(Module D), set out in point 3 of Annex III; 
(c) conformity to type based on appliance or fitting quality assurance (Module E), 
set out in point 4 of Annex III; 
(d) conformity to type based on appliance or fitting verificat ion (Module F), set 
out in point 5 of Annex III. 
(3) In the case of production of an appliance as a single uni t or in small quantities, 
conformity based on unit veri fication (Module G), set out in  point 6 of Annex III, 
may be chosen by the manufacturer. 
(4) After completion of the procedur es referred to in points (a) to  (d) of paragraph 2 or in 
paragraph 3, the appliance manufacturer sh all, in accordance with Article 18, affix 
the CE marking on the conforming applian ce and draw up an EU declaration of 
conformity. 
After completion of the procedures referred to  in points (a) to (d ) of paragraph 2, the 
fitting manufacturer shall issue a Fitting conformity certificate. 
(5) Records and correspondence rela ting to conformity assessme nt of an appliance or a 
fitting, shall be drawn up in the official language(s) of the Member State where the notified body carrying out the procedures referred to in paragraphs 2 and 3 is 
established or in a language accepted by that body. 
Article 15 
EU declaration of conformity  [Article R10 of Decision No 768/2008/EC] 
(1) The EU declaration of conformity shall state that the fulfilment of essential 
requirements set out in Anne x I has been demonstrated. 
(2) The EU declaration of conformity shall ha ve the model structure set out in Annex V 
and shall contain the elements specified in the relevant conformity assessment 
procedures set out in  Annex III and shall be cont inuously updated. It shall be 
translated into the language or language s required by the Member State in whose 
market the appliance is placed or  made available on the market. 
(3) Where an appliance is subject to more  than one Union acts requiring an EU 
declaration of conformity, a si ngle EU declaration of conf ormity shall be drawn up in 
respect of all such Union acts. That declar ation shall contain the identification of the 
acts concerned including the publication references.  EN 31   EN (4) By drawing up the EU declaration of co nformity, the manufacturer shall assume 
responsibility for the complian ce of the appliance with the requirements laid down in 
this Regulation. 
Article 16 
Fitting conformity certificate 
(1) The Fitting conformity certificate shall st ate that the fulfilment of the applicable 
essential requirements set out in Annex I has been demonstrated. 
(2) The Fitting conformity certificate shall have the model structure set out in Annex VI. 
In order to assist compliance with the esse ntial requirements applicable to finished 
appliances set out in Annex I, the Fitting conformity certificate shall state the 
characteristics of the fitting and it sha ll contain instructions  on how it should be 
incorporated into an appliance or assembled to constitute such an appliance. It shall contain also the elements specified in the relevant conformity assessment procedures 
set out in Annex III and shall be conti nuously updated. It shall be in a language 
which can be easily understood by appliance manufacturers. 
(3) The Fitting conformity certificate shall be supplied with the fitting. 
(4) Where a fitting is covered by other Union legislation covering other aspects which 
require the CE marking, the latter shall in dicate that the fitting is presumed to 
conform to the provisions of those othe r acts. In such a case, the publication 
reference of the said acts in the Official  Journal of the European Union shall be 
given in the documents, notices or in structions require d by those acts and 
accompanying the fitting. 
(5) By drawing up the Fitting conformity certificate, the manufacturer shall assume 
responsibility for the compliance of the fi tting with the requirements laid down in 
this Regulation. 
Article 17 
[Article R11 of Decision No 768/2008/EC] 
General principles of the CE marking 
The CE marking shall be subject to the general principles set out in Ar ticle 30 of Regulation 
(EC) No 765/2008. 
Article 18 [Article R12 of Decision No 768/2008/EC] 
Rules and conditions for affixing the CE marking and inscriptions 
(1) The CE marking and the inscriptions referred  to in Annex IV shal l be affixed visibly, 
legibly and indelibly to the appl iance or to its data plate. 
(2) The inscriptions referred to point 2 of Anne x IV shall be affixed, visibly, legibly and 
indelibly to the fitting or to its data plate, as far as relevant. 
(3) The CE marking and/or the inscriptions re ferred to in Annex IV shall be affixed 
before the appliance or the fitting is placed on the market. 
(4) The CE marking shall be followed by the identification number of the notified body 
involved in the production cont rol phase of th e appliance. 
(5) The identification number of the notifie d body involved in the production control 
phase shall be affixed on the fitting. EN 32   EN (6) The CE marking and/or the identification number referred to in paragraphs 4 and 5 
may be followed by any other mark indicating a special risk or use. 
CHAPTER IV 
NOTIFICATION OF CONFOR MITY ASSESSMENT BODIES 
Article 19 [Article R13 of Decision No 768/2008/EC] 
Notification 
Member States shall notify the Commission and th e other Member States of bodies authorised 
to carry out third-party conformity asse ssment tasks in accordance with Article 14.  
Article 20 [Article R14 of Decision No 768/2008/EC] 
Notifying authorities 
(1) Member States shall designa te a notifying authority that  shall be responsible for 
setting up and carrying out the necessary procedures  for the assessment and 
notification of conformity assessment bodi es and the monitoring of notified bodies, 
including compliance with Article 24. 
(2) Member States may decide that the a ssessment and monitoring referred to in 
paragraph 1 shall be carried out by a nati onal accreditation body within the meaning 
of and in accordance with Regulation (EC) No 765/2008. 
(3) Where the notifying authority delegates or otherwise entrusts the assessment, 
notification or monitoring referred to in paragraph 1 to a body which is not a governmental entity that body  shall be a legal entity and shall comply mutatis 
mutandis with the requirements laid down in Article 21 (1) to (6). In addition it shall 
have arrangements to cover liabi lities arising out of its activities. 
(4) The notifying authority shall take full res ponsibility for the tasks performed by the 
body referred to in paragraph 3.  
Article 21 
[Article R15 of Decision No 768/2008/EC] 
Requirements relating to notifying authorities 
(1) A notifying authority shall be established in such a way that no conflict of interest 
with conformity assessment bodies occurs. 
(2) A notifying authority shall be organised and operated so as to safeguard the 
objectivity and impartiality of its activities. 
(3) A notifying authority shall be organised in su ch a way that each decision relating to 
notification of a conformity  assessment body is taken by competent persons different 
from those who carried out the assessment. 
(4) A notifying authority shall no t offer or provide any ac tivities that conformity 
assessment bodies perform or consultancy services on a commercial or competitive basis. 
(5) A notifying authority shall safeguard the conf identiality of the information it obtains. 
(6) A notifying authority shall have a suffici ent number of competent personnel at its 
disposal for the proper performance of its tasks. EN 33   EN Article 22 [Article R16 of Decision No 768/2008/EC] 
Information obligation of  notifying authorities 
Member States shall inform the Commission of their procedures for the assessment and 
notification of conformity a ssessment bodies and the monitori ng of notified bodies, and of 
any changes thereto. 
The Commission shall make that information publicly available. 
Article 23 [Article R17 of Decision No 768/2008/EC] 
Requirements relating to notified bodies 
(1) For the purposes of notifica tion, a notified body shall m eet the requirements laid 
down in paragraphs 2 to 11. 
(2) A conformity assessment body shall be esta blished under national law of a Member 
State and have legal personality. 
(3) A conformity assessment body shall be a third-party body independent of the 
organisation or the appliance or the fitting it assesses. 
A body belonging to a business association or professional federation representing 
undertakings involved in the design, manu facturing, provision, assembly, use or 
maintenance of appliances or fittings which it assesses, may, on condition that its independence and the absence of any conf lict of interest are demonstrated, be 
considered such a body. 
(4) A conformity assessment body, its top level management and the personnel 
responsible for carrying out the conform ity assessment tasks shall not be the 
designer, manufacturer, supplier, installer, pu rchaser, owner, user or maintainer of 
the appliances or the fittings which they a ssess, nor the representa tive of any of those 
parties. This shall not preclude the use of assessed appliances or fittings that are 
necessary for the operations of the confor mity assessment body or the use of such 
appliances or fittings  for personal purposes. 
A conformity assessment body, its top level management and the personnel 
responsible for carrying out the conformity assessment ta sks shall not be directly 
involved in the design, manuf acture or construction, the ma rketing, installation, use 
or maintenance of those appliances or fittings, or represent the parties engaged in those activities. They shall not engage in  any activity that may conflict with their 
independence of judgement or integrity in relation to conformity assessment 
activities for which they are notified. This shall in particular apply to consultancy services. 
Conformity assessment bodies shall ensure that  the activities of th eir subsidiaries or 
subcontractors do not affect the confidentia lity, objectivity or impartiality of their 
conformity assessment activities. 
(5) Conformity assessment bodies and their pe rsonnel shall carry out the conformity 
assessment activities with the highest de gree of professional integrity and the 
requisite technical competence in the spec ific field and shall be free from all 
pressures and inducements, particularly financial, which might influence their 
judgement or the results of their conform ity assessment activitie s, especially as 
regards persons or groups of persons with an interest in the results of those activities. EN 34   EN (6) A conformity assessment body shall be capab le of carrying out all the conformity 
assessment tasks assigned to it by Annex II and in relation to which it has been 
notified, whether those tasks are carried out by the conformity assessment body itself 
or on its behalf and under its responsibility. 
At all times and for each conformity asse ssment procedure and each kind or category 
of appliances or fittings in relation to which it has been notified, a conformity assessment body shall have at its disposal the necessary: 
(a) personnel with technical knowledge and su fficient and appropriate experience 
to perform the conformity assessment tasks; 
(b) descriptions of procedures in accordan ce with which conformity assessment is 
carried out, ensuring the transparency and the ability of reproduction of those 
procedures. It shall have appropriate policies and procedures in place that 
distinguish between tasks it carries out as a notifi ed body and other activities; 
(c) procedures for the performance of activi ties which take due a ccount of the size 
of an undertaking, the sector  in which it operates, it s structure, the degree of 
complexity of the appliance or fitti ng technology in question and the mass or 
serial nature of the production process. 
A conformity assessment body shall have  the means necessary to perform the 
technical and administrativ e tasks connected with th e conformity assessment 
activities in an appropriate manner and sh all have access to all necessary equipment 
or facilities. 
(7) The personnel responsible for carrying out  conformity assessm ent activities shall 
have the following: 
(a) sound technical and vocational training covering all the conformity assessment 
activities in relation to  which the conformity assessment body has been 
notified; 
(b) satisfactory knowledge of the requirements  of the assessments they carry out 
and adequate authority to carry out those assessments; 
(c) appropriate knowledge and understanding of  the essential requirements set out 
in Annex I, of the applicable harm onised standards and of the relevant 
provisions of Union harmoni sation legislation and of  national legislation; 
(d) the ability to draw up certificates, r ecords and reports de monstrating that 
assessments have been carried out. 
(8) The impartiality of the c onformity assessment bodies, their top level management 
and of the personnel responsib le for carrying out the conformity assessment tasks 
shall be guaranteed. 
The remuneration of the top level manageme nt and of the personnel responsible for 
carrying out the conformity assessment task s of a conformity assessment body shall 
not depend on the number of assessments ca rried out or on the results of those 
assessments. 
(9) Conformity assessment bodies shall take ou t liability insurance unless liability is 
assumed by the State in accordance with nati onal law, or the Member State itself is 
directly responsible for th e conformity assessment. EN 35   EN (10) The personnel of a conformity assessment body shall observe professional secrecy 
with regard to all informa tion obtained in carrying out their tasks under Annex III or 
any provision of national law giving effect  to them, except in relation to the 
competent authorities of the Member Stat e in which its activities are carried out. 
Proprietary rights shall be protected. 
(11) Conformity assessment bodies shall participate in, or ensure that their personnel 
responsible for carrying out the conformity  assessment tasks are informed of, the 
relevant standardisation activities and the activities of the notified body coordination 
group established under the re levant Union harmonisation le gislation and shall apply 
as general guidance the administrative deci sions and documents pr oduced as a result 
of the work of that group. 
Article 24 [Article R18 of Decision No 768/2008/EC] 
Presumption of conformity of notified bodies 
Where a conformity assessment body demonstrates its conformity with the criteria laid down 
in the relevant harmonised standards or parts thereof the references of which have been 
published in the Official Journal of the European Union it shall be presumed to comply with 
the requirements set out in Article 23 in so far as the applicable harmonised standards cover those requirements.  
Article 25 
[Article R20 of Decision No 768/2008/EC] 
Subsidiaries of and subcontrac ting by notified bodies 
(1) Where a notified body subcontracts specif ic tasks connected with conformity 
assessment or has recourse to a subsidiary, it shall ensure that the subcontractor or 
the subsidiary meets the requirements set out in Article 23 and shall inform the notifying authority accordingly. 
(2) Notified bodies shall take full res ponsibility for the tasks performed by 
subcontractors or subsidiaries wh erever these are established. 
(3) Activities may be subcontracted or carr ied out by a subsid iary only with the 
agreement of the client. 
(4) Notified bodies shall keep at the disposal of the notifying authority the relevant 
documents concerning the assessment of the qua lifications of the subcontractor or the 
subsidiary and the work carried out by them under Annex III. 
Article 26 
[Article R22 of Decision No 768/2008/EC] 
Application for notification 
(1) A conformity assessment body shall submit an  application for notification to the 
notifying authority of the Member State in which it is established. 
(2) The application for notification shall be  accompanied by a description of the 
conformity assessment activit ies, the conformity assessm ent module or modules and 
the appliance/fitting or appliances/fitt ings for which that  body claims to be 
competent, as well as by an accreditation certificate, where one exists, issued by a 
national accreditation body atte sting that the conformity  assessment body fulfils the 
requirements laid down in Article 23. EN 36   EN (3) Where the conformity assessment body c oncerned cannot provide an accreditation 
certificate, it shall provide the notifying aut hority with all the documentary evidence 
necessary for the verification, recognition and regular monitoring of its compliance with the requirements laid down in Article 23. 
Article 27 
[Article R23 of Decision No 768/2008/EC] 
Notification procedure 
(1) Notifying authorities may notify only conf ormity assessment bodies which have 
satisfied the requirements laid down in Article 23. 
(2) They shall notify the Commission and the othe r Member States us ing the electronic 
notification tool developed and managed by the Commission. 
(3) The notification shall include full details of the conformity assessment activities, the 
conformity assessment module or m odules and the appliance/fitting or 
appliances/fittings concerned and the relevant attestation of competence. 
(4) Where a notification is not based on an accr editation certificate as referred to in 
Article 26(2), the notifying authority sh all provide the Commission and the other 
Member States with documentary eviden ce which attests to the conformity 
assessment body's competence and the arrangements in place to ensure that that body will be monitored regularly and will continue to satisfy the requirements laid down in Article 23. 
(5) The body concerned may perform the activ ities of a notified body only where no 
objections are raised by the Commission or  the other Member States within two 
weeks of a notification wher e an accreditation certificate is used or within two 
months of a notification wher e accreditation is not used. 
Only such a body shall be considered a notified body for the purposes of this 
Regulation. 
(6) The Commission and the other Member States shall be no tified of any subsequent 
relevant changes to the notification.  
Article 28 
[Article R24 of Decision No 768/2008/EC] 
Identification numbers and lists of notified bodies 
(1) The Commission shall assign an identif ication number to a notified body. 
It shall assign a single such  number even where the body is notified under several 
Union acts. 
(2) The Commission shall make publicly availa ble the list of the notified bodies under 
this Regulation, including the identification numb ers that have been allocated to 
them and the activities for which they have been notified. 
The Commission shall ensure that that list is kept up to date. 
Article 29 [Article R25 of Decision No 768/2008/EC] 
Changes to notifications 
(1) Where a notifying authority has ascertained or  has been informed that a notified body 
no longer meets the requirements laid down in Article 23 or that it is failing to fulfil EN 37   EN its obligations, the notifying authority sha ll, as appropriate, restrict, suspend or 
withdraw the notification, de pending on the seriousness of the failure to meet those 
requirements or fulfil those obligations. It shall immediately inform the Commission 
and the other Member States accordingly. 
(2) In the event of restriction, suspension or withdrawal of notific ation, or where the 
notified body has ceased its activity, the notifying Member State shall take 
appropriate steps to ensure that the files of that body ar e either processed by another 
notified body or kept available for the re sponsible notifying and market surveillance 
authorities at their request. 
Article 30 [Article R26 of Decision No 768/2008/EC] 
Challenge of the competence of notified bodies 
(1) The Commission shall investigate all cases where it doubts, or doubt is brought to its 
attention regarding, the competence of a notified body or the c ontinued fulfilment by 
a notified body of the requirements and responsibilities to wh ich it is subject. 
(2) The notifying Member State shall provide  the Commission, on request, with all 
information relating to the basis for the notification or the maintenance of the competence of the notified body concerned. 
(3) The Commission shall ensure that all sensi tive information obtained in the course of 
its investigations is treated confidentially. 
(4) Where the Commission ascertains that a notified body does not meet or no longer 
meets the requirements for its notificati on, it shall adopt an implementing act 
requesting the notifying Member State to take the necessary corrective measures, 
including withdrawal of notification if necessary. 
The implementing act referred to in the first subparagraph shall be adopted in 
accordance with the advisory procedur e referred to in Article 36(2). 
Article 31 
[Article R27 of Decision No 768/2008/EC] 
Operational obligations of notified bodies 
(1) Notified bodies shall carry out conformity assessments in accordance with the 
conformity assessment procedures provided for in Annex III. 
(2) Conformity assessments shall be carried out in a proportionate manner, avoiding 
unnecessary burdens for economic operators. 
Conformity assessment bodies shall perform their activities taking due account of the 
size of an undertaking, the se ctor in which it operates, it s structure, the degree of 
complexity of the appliance or fitting t echnology in question a nd the mass or serial 
nature of the production process. 
In so doing they shall nevertheless respec t the degree of rigour and the level of 
protection required for the compliance of the appliance or the fitting with the provisions of this Regulation. 
(3) Where a notified body finds that essentia l requirements set out in Annex I or 
corresponding harmonised standards or other technical specificati ons have not been 
met by a manufacturer, it sh all require that manufactur er to take appropriate 
corrective measures and shall not issue a conformity certificate. EN 38   EN (4) Where, in the course of the monitoring of conformity following the issue of a 
certificate, a notified body finds that an a ppliance or a fitting no longer complies, it 
shall require the manufacturer to take ap propriate corrective measures and shall 
suspend or withdraw the certificate if necessary.  
(5) Where corrective measures are not taken or do not have the required effect, the 
notified body shall restrict, suspend or withdraw any cer tificates, as appropriate. 
Article 32  
Appeal against decisions of notified bodies 
Member States shall ensure that an appeal pr ocedure against decisions of notified bodies is 
available. 
Article 33 [Article R28 of Decision No 768/2008/EC] 
Information obligation of notified bodies 
(1) Notified bodies shall inform the notifying authority of the following: 
(a) any refusal, restriction, suspension or withdrawal of a certificate; 
(b) any circumstances affecting the scope of  or the conditions for notification; 
(c) any request for information which they ha ve received from market surveillance 
authorities regarding confor mity assessment activities; 
(d) on request, conformity assessment activit ies performed within the scope of 
their notification and a ny other activity performed, including cross-border 
activities and subcontracting. 
(2) Notified bodies shall provide the other bodi es notified under this Regulation carrying 
out similar conformity assessment activities covering the same appliances or fittings with relevant information on issues rela ting to negative and, on request, positive 
conformity assessment results. 
Article 34 
[Article R29 of Decision No 768/2008/EC] 
Exchange of experience 
The Commission shall provide for the organisation of exchange of experience between the 
Member States' national authorities responsible for notification policy. 
Article 35 [Article R30 of Decision No 768/2008/EC] 
Coordination of notified bodies 
The Commission shall ensure that appropriate  coordination and coope ration between bodies 
notified under this Regulation are put in place and properly operated in the form of a sectoral 
group or groups of notified bodies. 
Member States shall ensure that the bodies notifie d by them participate in the work of that or 
those group or groups, directly or by m eans of designated representatives. EN 39   EN CHAPTER V 
COMMITTEE PROCEDURE 
Article 36  
Committee procedure 
(1) The Commission shall be assisted by th e Committee on appliances burning gaseous 
fuels. That committee shall be a committee within the meaning of Regulation (EU) 
No 182/2011. 
(2) Where reference is made to this paragr aph, Article 4 of Regulation (EU) No 
182/2011 shall apply. 
Article 37  
Amendment of Annexes 
The Commission shall be empowered to adopt de legated acts in acco rdance with Article 38 
concerning modifications to the content and th e form of the communications of the Member 
States of the gas supply conditions used in their territory, set out in Annex II, in order to take 
into account the technical developments with regard to the gas supply conditions. 
Article 38  
Exercise of the delegation 
(1) The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article. 
(2) The delegation of power referred to in  Article 37 shall be conferred for an 
indeterminate period of time. 
(3) The delegation of powers referred to in Ar ticle 37 may be revoked at any time by the 
European Parliament or by the Council. A d ecision to revoke sha ll put an end to the 
delegation of the power spec ified in that decision. It shall take effect the day 
following the publication of th e decision in the Official Journal of the European 
Union or at a later date specified therei n. It shall not affect the validity of any 
delegated acts alr eady in force.  
(4) As soon as it adopts a delegated act, the Commission shall notify it simultaneously to 
the European Parliament and to the Council.  
(5) A delegated act adopted pursu ant to Article 37 shall en ter into force only if no 
objection has been expressed either by th e European Parliament or the Council 
within a period of two months of notificati on of that act to the European Parliament 
and the Council or if, before the expiry of  that period, the European Parliament and 
the Council have both informed the Commi ssion that they will not object. That 
period shall be extended by two months at th e initiative of the European Parliament 
or of the Council. EN 40   EN CHAPTER VI 
TRANSITIONAL AND FINAL PROVISIONS 
Article 39  
Penalties 
The Member States shall lay down the rules on  penalties applicable to infringements by 
economic operators of this Regul ation and shall take all measur es necessary to  ensure that 
they are enforced. Such rules may include cr iminal penalties for serious infringements. 
The penalties provided for shall be eff ective, proportionate and dissuasive. 
The Member States shall notify thos e provisions to the Commission by [ 3 months prior to the 
date of application of  this Regulation ] and shall notify it without  delay of any subsequent 
amendment affecting them. 
Article 40  
Transitional provisions 
(1) Member States shall not impede the maki ng available on the mark et or the putting 
into service of appliances covere d by Directive 2009/142/EC which are in 
conformity with that Directive and wh ich were placed on the market before [the date 
referred to in Article 42(2)] . 
(2) Member States shall not impede the making available on the market of fittings 
covered by Directive 2009/142/EC  which are in conformity with that Directive and 
which were placed on the market before [the date referred to in Article 42(2)].  
Article 41  
Repeal 
Directive 2009/142/EC is repealed from [ the date referred to in Article 42(2)].  
References to the repealed Directive shall be construed as references to this Regulation and 
shall be read with in accordance with the correlation table laid down in Annex VII. EN 41   EN Article 42  
Entry into force and date of application 
(1) This Regulation shall enter into force on the twentieth day following that of its 
publication in the Official Journal of the European Union . 
(2) It shall apply from [two years after entry into force]. 
(3) By way of derogation from paragraph 2, Articles 19 to 35 shall apply from [six 
months after entry into force] . 
This Regulation shall be binding in  its entirety and directly applicable in all Member States. 
Done at Brussels, 
For the European Parliament For the Council 
The President The President