COMMISSION STAFF WORKING DOCUMENT IMPACT ASSESSMENT Accompanying the document Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on appliances burning gaseous fuels
Date: 2014-05-12
Institutions: European Commission
Subjects: EC conformity marking, gas appliance, market approval, marketing standard, safety standard, technical standard

EUROPEAN 
COMMISSION 

Brussels, 12.5.2014  
SWD(2014) 151 final 

COMMISSION STAFF WORKING DOCUMENT 

IMPACT ASSESSMENT 

Accompanying the document 

Proposal for a  

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on appliances burning gaseous fuels 

{COM(2014) 258 final} 
{SWD(2014) 150 final}

EN 

   EN 

 
 
 
 
  
 
 
COMMISSION STAFF WORKING DOCUMENT 

IMPACT ASSESSMENT 

Accompanying the document 

Proposal for a  

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on appliances burning gaseous fuels 

EN 

1 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Disclaimer: This report commits only the Commission's services involved in its preparation 
and does not prejudge the final form of any decision to be taken by the Commission. 

EN 

2 

   EN 

 
 
 
 
 
 
 
 
 
TABLE OF CONTENTS 

Executive Summary Sheet ......................................................................................................... 3 

1. 

1.1. 

1.2. 

1.3. 

1.4. 

2. 

2.1. 

2.2. 

2.3. 

2.4. 

3. 

4. 

4.1. 

4.2. 

4.3. 

4.4. 

4.5. 

4.6. 

4.7. 

5. 

5.1. 

5.2. 

5.3. 

6. 

6.1. 

6.2. 

6.3. 

6.4. 

6.5. 

6.6. 

7. 

7.1. 

Procedural issues and consultation of interested parties .............................................. 6 

Identification ................................................................................................................ 6 

Organisation and timing............................................................................................... 6 

Consultation and expertise ........................................................................................... 6 

Scrutiny by the Commission Impact Assessment Board ............................................. 7 

Context ......................................................................................................................... 7 

Gas Appliances Directive............................................................................................. 7 

New Legislative Framework ........................................................................................ 9 

Other Directives with impacts on the Gas Appliances Directive............................... 10 

Evaluation of the Gas Appliances Directive .............................................................. 10 

Overview of the Appliances and Fittings Sector........................................................ 13 

Problem definition...................................................................................................... 14 

Alignment with the New Legislative Framework...................................................... 15 

Scope - Product coverage........................................................................................... 17 

Sector specific terminology and definitions............................................................... 20 

Communication of the types of gas and the corresponding supply pressures............ 22 

Rational use of energy................................................................................................ 25 

Requirements.............................................................................................................. 27 

EU right to act ............................................................................................................ 28 

Objectives................................................................................................................... 31 

General policy objectives........................................................................................... 31 

Specific and operational policy objectives................................................................. 31 

Consistency with other policies and objectives ......................................................... 31 

Policy options............................................................................................................. 32 

General remark........................................................................................................... 32 

Scope - Product coverage........................................................................................... 32 

Sector specific terminology and definitions............................................................... 33 

Communication of the types of gas and the corresponding supply pressures............ 33 

Rational use of energy................................................................................................ 34 

Requirements.............................................................................................................. 34 

Analysis of impacts .................................................................................................... 35 

General remark........................................................................................................... 35 

EN 

1 

   EN 

 
7.2. 

7.3. 

7.4. 

7.5. 

8. 

9. 

Overview of the relevant options, their potential impacts and the methodology for 
their assessment.......................................................................................................... 35 

Qualitative analysis .................................................................................................... 36 

In-depth analysis ........................................................................................................ 43 

Mitigation measures ................................................................................................... 43 

Comparing the options ............................................................................................... 45 

Monitoring and evaluation ......................................................................................... 47 

Annex I:  Summary of the results of the Public Consultation on the revision of Directive 

2009/142/EC on appliances burning gaseous fuels (GAD) ....................................... 50 

Annex II:  Certification procedures for the Gas Appliances Directive .................................... 60 

Annex III:  Other Directives relevant for the GAD ................................................................. 61 

Annex IV:  Governance structure of the GAD......................................................................... 64 

Annex V: Ex-post evaluation of Directive 2009/142/EC on appliances burning gaseous fuels 

(GAD) ........................................................................................................................ 66 

Annex VI:  Overview of the appliances and fittings market.................................................... 73 

Annex VII:  Examination of accident data............................................................................... 82 

Annex VIII:  Alignment of the GAD with the New Legislative Framework Decision No 

768/2008/EC .............................................................................................................. 95 

Annex IX:  Analysis of the interpretation needs as reflected by the existing GAD Guidance 

Sheets ......................................................................................................................... 97 

Annex X:  Additional information about the applied methodology....................................... 106 

Annex XI:  In-depth analysis of the policy options and Competitiveness Proofing .............. 108 

EN 

2 

   EN 

 
 
Impact assessment on the revision of Directive 2009/142/EC relating to appliances burning gaseous fuels (GAD) 

EXECUTIVE SUMMARY SHEET 

Why? What is the problem being addressed? 

A. Need for action 

All the identified deficiencies of the GAD are of minor significance. Consequently, the Impact Assessment 
Report  deals  with  the  identified  issues  in  a  proportionate  way.  The  areas  of  improvements  called  “problem 
issues”  do  not  involve  major  changes;  however,  in  light of  the  experience  of  the  functioning  of  the  GAD,  the 
input  to  the  Public  Consultation  (2011-2012)  and  the  outcome  of  the  Impact  Assessment  Study  (2012),  the 
following issues will be addressed:  
− 

the alignment of the GAD with the New Legislative Framework (NLF) in line with the legal and political 
commitment taken by the institutions and as laid down in Article 2 of the NLF Decision No 768/2008/EC; 
the removal of the outdated temperature limit of 105oC from the definition of the scope; 
the introduction of definitions for sector specific terminology which is currently missing; 
the  improvement  of  the  contents  of  the  communication  of  the  types  of  gas  and  the  corresponding  supply 
pressures used in Member States in order to ensure availability for manufacturers and other stakeholders of 
adequate data relevant for the safety and performance of gas appliances; 
the clarification of the relationship between the GAD and the EU legislation on energy efficiency; and 
the improvement of the readability of the Articles, Essential Requirements in Annex I and other provisions 
of the GAD. 

− 
− 
− 

− 
− 

What is this initiative expected to achieve?  

The overall objectives of this initiative are to (1) better protect health and safety of users of gas appliances and 
fittings as well as to ensure the appropriate performance of these products, (2) improve the fair playing field for 
gas appliances sector's economic operators and (3) simplify the European regulation environment in the field of 
gas appliances and fittings. 

What is the value added of action at the EU level? 

The  alignment  with  the  NLF  Decision  No  768/2008/EC  will  ensure  that  harmonised  solutions  can  be  applied 
across the sectors subject to EU product harmonisation legislation. The improved clarity of the definition of the 
scope  and  the  product  specific  requirements  will  facilitate  manufacturers  in  determining  whether  the  GAD 
applies to their products, in identifying the applicable legal requirements and understanding the product specific 
objectives to be achieved thus reducing the administrative burden and facilitating market access. In general, the 
legal  clarification  of  the  GAD  will  provide  stability  due  to  reduced  need  for  interpretation  hence  encouraging 
manufacturers  to  invest  on  advanced  product  designs  and  technologies.  The  work  of  the  market  surveillance 
authorities will also be facilitated resulting in reduction of non-compliant products on the market. 

B. Solutions 

What  legislative  and  non-legislative  policy  options  have  been  considered?  Is  there  a  preferred 
choice or not? Why? Maximum 14 lines  

Three alternative policy options have been considered, i.e. 1) the “do nothing” as baseline option; 2) the “soft 
law”  option  as  non-legislative  alternative  consisting  of  issuing  commonly  agreed  interpretation  on  the 
application of the GAD; and 3) as “legislative” option the amendment of the legal text.  

Option No. 3) is the preferred choice since only it can appropriately respond to the “problem issues” identified. 

Who supports which option? Maximum 7 lines  

A  broad  consensus  exists  among  the  Member  States,  European  federations  of  manufacturers  and  other 

EN 

3 

   EN 

 
 
stakeholders  that  the  GAD  needs  the  above  improvements.  The  revision  of  the  GAD  has  been  several  times 
subject  to  discussion  at  the  Member  States  Working  Group  Gas  Appliances’  and  the  Notified  Bodies  group’s 
meetings which have suggested many of the modifications. Also the majority (75.6%) of the respondents to the 
Public  Consultation  (2011-2012)  were  of  the  opinion  that  the  definitions  of  the  current  GAD  are  not  clear 
enough, that additional information relating to the gas supply conditions in the Member States should be made 
available (77.8%) and that the formulation of certain Articles and Essential Requirements could be improved. 

What are the benefits of the preferred option (if any, otherwise main ones)? 

C. Impacts of the preferred option 

The scope and the provisions of the GAD remain unchanged implying that the proposed modifications are likely 
to  involve  minor  or  no  impacts.  Consequently,  it  is  impossible  to  derive  quantitative  data  on  any  specific 
economic  or  social  impacts  of  the  policy  options  considered  relevant.  Only  qualitative  assessment  of  the 
relatively small impacts of the preferred option was possible. 
The removal of the 105oC temperature limit will clarify the scope without other specific impacts. Introduction of 
definitions for the sector specific terminology will facilitate implementation of the GAD and reduce slightly the 
administrative  burden.  Defining  better  the  contents  of  the  communication  of  gas  supply  conditions  and  the 
relationship  of  the  GAD  and  the  specific  energy  efficiency  legislation  will  provide  savings  as  adequate 
information is made available enabling designing safe, energy efficient new products. Identification of laws that 
need  to  be  complied  with  is  facilitated  and  potential  areas  of  overlapping  are  avoided.  Clarity  regarding  the 
energy efficiency legislation will facilitate developing competitive designs. Improving the readability and clarity 
of  the  Articles,  Essential  requirements  and  other  provisions  as  well  as  the  introduction  of  general  design 
principles will have a positive impact on user safety through improved inherent safety of products. 

What are the costs of the preferred option (if any, otherwise main ones)? Maximum 12 lines                  

Since the modification of the scope of the GAD cannot be justified, the legal framework established by the GAD 
will remain unchanged. As a consequence, also the economic operators and the other stakeholders affected by 
the GAD will remain the same as currently.  

In  the  absence  of  particular  concrete  problems  that  need  to  be  addressed,  the  preferred  option  3)  is  likely  to 
involve no or minor or no costs with minimal impacts implying apart from the adaptation of the legal framework 
requiring  a  one-off  effort  from  all  parties.  Reduction  of  administrative  burden  as  a  consequence  of  improved 
legal clarity will provide cost savings in particular in the long term however these could not be quantified. 

This implies that it is impossible to derive quantitative data on any specific economic or social impacts of the 
policy options considered relevant.  

How will businesses, SMEs and micro-enterprises be affected? 

No impacts specific for SMEs and micro-enterprises have been identified. 

Will there be significant impacts on national budgets and administrations? 

The initiative will not have significant impacts on national budgets and administrations. 

Will there be other significant impacts? 

The minor changes to the GAD improve the readability and clarity of it and are therefore not assumed to have 
any other significant impacts. 

When will the policy be reviewed? 

D. Follow up 

No decision on the revision of the policy has been made however it is a common practise to have an evaluation 

EN 

4 

   EN 

 
 
carried out within 5 to 10 years after the date of application of the Regulation. 

EN 

5 

   EN 

 
List of Acronyms 

BBQs 
BED 
CEN 
CIG  
CO  
CPD 
CPR 
DVGW  
EMC 
EPBD  
ER  
EU 
GAD 
GAD-AC  
GAD ADCO 
GPSD 
HSE 
HVAC 
ICSMS 

IA 
IA Board 
IA Report 
IA Study 
IASG 
JRC 
LVD 
LPG 
MD 
NB-GA 
NLF  
OJEU 
Prodcom 

Barbecues 
Boiler Efficiency Directive 92/42/EEC 
European Committee for Standardization 
Italian Gas Committee 
carbon monoxide  
Constructions Products Directive 89/106/EEC 
Constructions Products Regulation No 305/2011 
Deutsche Vereinigung des Gas-und Wasserfaches  
Electromagnetic Compatibility Directive 2004 /108/EC 
Energy Performance of Buildings Directive 
Essential Requirement 
European Union 
Gas Appliances Directive 2009/142/EC 
Gas Appliances Directive Advisory Committee 
GAD Administrative Cooperation group  
General Product Safety Directive 2001/95/EC 
UK Health and Safety Executive 
heating, ventilation and air conditioning 
data  exchange  system  on  market  surveillance  between 
surveillance bodies in Europe 
Impact Assessment 
Impact Assessment Board 
Impact Assessment Report 
Impact Assessment Study 
Impact Assessment Steering Group 
Joint Research Centre 
Low Voltage Directive 2006/95/EC 
Liquefied Petroleum Gas 
Machinery Directive 2006/42/EC 
Notified Bodies Gas Appliances 
New Legislative Framework 
Offocial Journal of the European Union 
The 
(Community Production) for mining, quarrying and manufacturing 
Pressure Equipment Directive 97/23/EC 
EU rapid alert system 
Research and development 
Secretary General 
Small and Medium Size Enterprises 
Treaty on the Functioning of the European Union 
Member States Working Group Gas Appliances 

term  comes  from 

PED 
RAPEX 
R&D 
SG 
SMEs 
TFEU 
WG-GA  
WG GAD Rev   Working Group GAD Revision  

the  French  "PRODuction  COMmunautaire" 

the  market 

EN 

6 

   EN 

 
 
 
1. 

PROCEDURAL ISSUES AND CONSULTATION OF INTERESTED PARTIES 

1.1. 

Identification 

Lead DG: DG ENTR 

Other involved DGs: SG, ENER, JRC 

Agenda Planning/WP Reference: 2013/ENTR/16 

1.2. 

Organisation and timing 

Work on the present Impact Assessment Report (IA Report) started in 2012 with the launch of 
an external study. A Impact Assessment Steering Group (IASG) was created and met 5 times: 
on  16  January  2012,  19  March  2012,  5  June  2012,  16  August  2012  and  15  March  2013. 
Representatives  of  SG,  DG  CLIMA,  DG  COMP,  DG  ENER,  DG  ENTR,  DG  EMPL,  DG 
ENV, DG MARKT, DG MOVE, DG RTD, DG SANCO and JRC were invited. DG ENER, 
DG ENTR A5 and B5 participated in the meetings as well as JRC contributed the work of the 
IASG in writing. 

1.3. 

Consultation and expertise 

The  Member  States  and  other  stakeholders,  including  manufacturers'  federations,  notified 
bodies and representatives of standardisation bodies, consumers' voice in standardisation and 
consumers/citizens, have been involved in the IA process from its beginning. The consultation 
included  organisation  of  meetings  with  the  Member  States  Working  Group  Gas 
Appliances (WG-GA)1, the Working Group GAD Revision (WG GAD Rev)2 and the Gas 
Appliances Directive Advisory Committee (GAD-AC)3. These groups contributed actively 
to the revision process and provided input enabling examination of the policy options. 

Additionally  a  Public  Consultation  was  organised  between  December  2011  and  March 
20124. It collected views and opinions of relevant stakeholders and citizens on various issues 
that  the  revision  of  the  Gas  Appliances  Directive  2009/142/EC  (GAD)  might  address.  The 
consultation  was  grouped  in  sets  of  questions  on  a)  the  alignment  of  the  GAD  to  the  New 
Legislative  Framework  (NLF);  b)  the  clarification  of  its  provisions;  and  c)  the  possible 
modification  of  the  scope.  Overall  90  responses  were  received,  25  from  manufacturers' 
associations, 8 from notified bodies, 31 from enterprises (including 14 SMEs), 8 from public 
authorities, 7 from standardisation organisations, 2 from consumer organisations and 9 from 
citizens.  The  replies  provided  the  Commission  services  with  valuable  input  necessary  to 
further  elaborate  the  identified  policy  needs.  The  Commission's  minimum  consultation 
standards were fully met.  

For summary of the results of the Public Consultation, see ANNEX I. 

1 

2  

3  

4  

The  Member  States  Working  Group  Gas  Appliances  (WG-GA)  is  chaired  by  the  Commission  and 
composed of representatives of the Member States, European federations, notified bodies and CEN. 
The Working Group GAD Revision (WG GAD Rev) is a ad-hoc group set up by the WG-GA to deal with 
the stakeholders' proposals on how to revise the GAD by preparing discussion documents for the meetings 
of the WG-GA. 
The Gas Appliances Directive Advisory Committee (GAD-AC) is the group of notified bodies designated 
to  carry  out  conformity  assessment  tasks  under  the  GAD.  The  Commission,  representatives  of  European 
federations of manufacturers and few Member States are attending the meetings of GAD-AC as observers. 
The  12  weeks  (19/12/2011-11/03/2012)  duration  of  the  Public  Consultation  complies  with  the  current 
Commission’s standards for consultations. 

EN 

7 

   EN 

 
                                                 
The responses to the Public Consultation were carefully examined by the external contractor 
undertaking the Impact Assessment Study (IA Study) launched in 12/2011 and completed in 
10/2012. The results of the evaluation of the GAD will be presented below in chapter 2.4. 

1.4. 

Scrutiny by the Commission Impact Assessment Board 

The  Impact  Assessment  Board  (IA  Board)  of  the  European  Commission  assessed  a  draft 
version  of  the  present  Impact  Assessment  (IA)  and  issued  its  opinion  on  15/05/2013.  The 
Impact  Assessment  Board  made  several  recommendations  and,  in  the  light  of  the  latter,  the 
final IA Report: 

Clarifies  
− 

the nature and extent of the observed problems in the GAD and explains how they relate 
to health and safety issues, an uneven playing field and complex regulatory environment; 

−  why alignment with the NLF is necessary and how it will be achieved; and 
−  why the action is required now. 

Describes 
−  better the content of the options, in particular it explains the difference between the 

baseline and “soft law” options; 

−  what the mandatory general design principles on safety would entail; and 
−  outlines the specific changes that will result from aligning the GAD with the NLF. 

The  assessment  of  impacts  is  improved  in  order  to  provide  a  more  balanced  assessment 
reflecting the limited available evidence on problems. The IA Report will also be amended by 
an assessment of the compliance costs and impacts on SMEs and the views and concerns of 
stakeholders with critical views are integrated in the report.   

2. 

CONTEXT 

2.1. 

Gas Appliances Directive 

This  Impact  Assessment  accompanies  a  proposal  for  a  revision  of  the  Directive  of  the 
European  Parliament  and  of  the  Council  2009/142/EC  of  30  November  2009  relating  to 
appliances  burning  gaseous  fuels  (GAD).  The  Directive  permits  the  free  movement  of 
appliances  and  fittings  within  the  EU  market  while  ensuring  a  high  level  of  protection  for 
their users as far as risks due to gas and the rational use of energy are concerned.  

The  GAD  covers  "appliances  burning  gaseous  fuels  used  for  cooking,  heating,  hot  water 
production, refrigeration, lighting or washing and having, where applicable, a normal water 
temperature  not  exceeding  105°C"  and  "forced  draught  burners  and  heating  bodies  to  be 
equipped  with  such  burners"  considered  also  as  appliances".  The  GAD  applies  also  to 
"fittings"  meaning  "safety  devices,  controlling  devices  or  regulating  devices  and  sub-
assemblies, other than forced draught burners and heating bodies to be equipped with such 
burners, separately marketed for trade use and designed to be incorporated into an appliance 
burning gaseous fuel or assembled to constitute such an appliance". Appliances specifically 
designed for use in industrial processes carried out on industrial premises are excluded from 
the scope. 

The  GAD  is  based  on  Article  114  of  the  Treaty  on  the  functioning  of  the  European  Union 
(TFEU)  and  is  one  of  the  first  regulatory  measures  to  adopt  the  New  Approach  where 

EN 

8 

   EN 

 
manufacturers  must  ensure  conformity  of  their  products  with  the  mandatory  and  essential 
requirements  regarding  safety,  health  and  energy  conservation  in  relation  to  gas  appliances 
and their fittings. The New Approach has recently been revised and integrated into the New 
Legislative Framework (NLF)5. 

The  essential  requirements  (ERs)  listed  in  Annex  I  to  the  GAD  include  three  categories  of 
requirements:  general  conditions  (e.g.  on  mandatory  instructions,  markings  and  warnings), 
requirements  for  materials  (e.g.  they  must  be  suitable  for  their  purpose)  and  design  and 
construction  requirements  (e.g.  concerning  release  of  unburned  gas,  combustion  products, 
surface temperatures, etc.). Technical specifications agreed by stakeholders and experts in the 
field, usually harmonised European standards, support the Directive in "translating" the ERs 
into  detailed  requirements  for  certain  types  of  products.  In  practise,  this  means  that  the 
harmonised European standards6, the reference numbers of which have been published in the 
Official  Journal  of  the  European  Union  (OJEU),  provide  a  presumption  of  conformity  with 
the GAD's ERs. Using harmonized standards is voluntary. 

The  scope  of  the  GAD  is  defined  by  providing  a  list  of  uses  (or  applications)  of  products 
implying that a wide range of mainly common consumer products and products used in non-
domestic  environments  (like  on  commercial  premises)  are  covered.  Fittings  being  safety, 
regulating  and  controlling  devices  are,  in  the  end,  placed  on  the  market  incorporated  into 
finalised  appliances  bearing  the  CE  marking  since,  prior  to  their  incorporation,  fittings  are 
only separately placed on the market for trade use, i.e. they are traded between manufacturers. 

Examples of gas appliances include: gas central heating boilers (heating boilers used for space 
heating, combination boilers used for both space and water heating), gas fires/heaters (fixed 
and  portable  gas  fire  places  and  space  heaters),  gas  water  heaters  (appliances  used  to  heat 
water  for  purposes  other  than  space  heating  like  instantaneous  water  heaters),  gas 
cookers/ovens/barbecues  (fixed  and  mobile  hobs/stoves,  ovens,  ovens  with  grill  and/or  hob 
and  barbecues/grills),  gas  refrigerators  (mobile  and  fixed  fridges  powered  by  gas,  or  by  gas 
and electricity), gas-fuelled lighting equipment (mobile and fixed lanterns), mobile appliances 
(mobile  cookers/barbecues,  patio  heaters,  infrared  tube  heaters  etc.  devices  mainly  used  for 
outdoor leisure activities). Typical gas appliances can be seen in Figure 1. 

Examples of fittings are e.g. appliance governors, multifunctional controls, solenoid and ball 
as  well  as  low  pressure  cut-off  valves,  gas  taps,  flame  supervision  devices,  sensors,  burner 
control systems, thermostats and pressure sensing device. 

The Directive applies to each individual appliance which is placed on the market and/or put 
into  service  in  the  EU  for  the  first  time.  It  applies  equally  to  the  placing  on  the  market  of 
fittings for trade use.  

5 

New  Legislative  Framework  for  marketing  of  products:  http://ec.europa.eu/enterprise/policies/single-
market-goods/internal-market-for-products/new-legislative-framework/index_en.htm  

6   A  harmonised  standard  is  a  European  standard  elaborated  on  the  basis  of  a  request  from  the  European 
Commission  to  a  recognised  European  Standards  Organisation  to  develop  a  European  standard  that 
provides  solutions  for  compliance  with  a  legal  provision.  Such  a  request  provides  guidelines  which 
requested  standards  must  respect  to  meet  the  essential  requirements  or  other  provisions  of  relevant 
European Union harmonisation legislation. Compliance with harmonised standards provides a presumption 
of  conformity  with  the  corresponding  requirements  of  harmonisation  legislation.  Manufacturers,  other 
economic  operators  or  conformity  assessment  bodies  can  use  harmonised  standards  to  demonstrate  that 
products, services or processes comply with relevant EU legislation. 

EN 

9 

   EN 

 
 
                                                 
Figure 1: Examples of appliances 

The GAD establishes in its Annex II the conformity assessment procedures (for details of the 
GAD  conformity  assessment  procedures,  see  ANNEX  II)  to  be  followed  by  manufacturers 
before  a  specific  appliance  or  fitting  is  placed  on  the  market.  The  conformity  assessment 
modules are always carried out by a notified body7. 

Annex III to the GAD contains the provisions on the CE marking and other inscriptions that 
an appliance or its data plate must bear.  

Annex IV to the GAD lists the design documentation that the manufacturer must include in 
the application for the EC type-examination or make available for the notified body carrying 
out the EC unit verification. This so-called technical file shall be submitted to the competent 
authorities on request. 

Annex V to the GAD defines the minimum conditions that the notified bodies designated by 
the Member States must fulfil. 

Annex VI relates to the codification of the GAD and provides the references of the repealed 
Directives and the list of time-limits for transposition into national law and application.  

Annex  VII  contains  the  correlation  table  between  the  Articles  and  Annexes  of  Directive 
90/396/EEC and 2009/142/EC. 

2.2. 

New Legislative Framework 

The whole area of EU product legislation and in particular the “New Approach” has recently 
undergone  a  horizontal  review  that  resulted  in  the  adoption  of  the  New  Legislative 
Framework (NLF)8.  

The  NLF  consists  of  two  instruments.  Regulation  (EC)  No  765/2008  on  accreditation  and 
market  surveillance9  (NLF  Regulation)  has  introduced  rules  on  accreditation10  and 
requirements  for  the  organisation  and  performance  of  market  surveillance  and  controls  of 

7 

8  

These bodies have been appointed by the Member States to carry out the conformity assessment tasks including 
testing,  inspecting  and  certifying  products.  They  are  called  "notified  bodies"  because  the  designating 
Member State must notify these bodies to the Commission. 
Single market for goods - New legislative framework: http://ec.europa.eu/enterprise/policies/single-market-
goods/documents/internal-market-for-products/new-legislative-framework/index_en.htm  

9   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  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:218:0030:0047:EN:PDF 

10  Accreditation is a tool for the control of the competence of laboratories and certification/inspection bodies 

delivering certificates in the EU 

EN 

10 

   EN 

 
 
         
 
 
                                                 
products from third countries. It is complemented by Decision No 768/2008/EC establishing a 
common framework for the marketing of products11 (NLF Decision) which is conceived as a 
“toolbox”  for  future  legislation  providing  solutions  that  can  work  across  all  sectors.  It 
contains  model  provisions  to  be  commonly  used  in  EU  product  legislation  (e.g.  definitions, 
obligations of economic operators, notified bodies, safeguard mechanisms, etc.).  

The  three  EU  institutions  involved  in  the  legislative  process,  Council,  Parliament  and 
Commission  have  committed  themselves  to  use  the  NLF  Decision’s  provisions  as  much  as 
possible  in  future  legislation  in  order  to  further  the  utmost  coherence  of  the  regulatory 
framework12. The NLF was accompanied by an impact assessment13.  
Also the Regulation (EU) No 1025/2012 on European standardisation14 setting the framework 
for  using  harmonised  standards  in  Union  harmonisation  legislation  has  become  part  of  the 
NLF. 

2.3. 

Other Directives with impacts on the Gas Appliances Directive 

Besides the GAD there are a number of other Directives that are relevant to gas appliances. In 
particular  the  following  Directives  may  have  impacts  on  gas  appliances,  their  internal 
components and fittings: 

−  Ecodesign  Directive  2009/125/EC  and  its  implementing  measures  apply  to  certain  gas 

appliances. 

−  Energy Performance of Buildings Directive 2002/91/EC (EPBD) 
−  Construction  Products  Directive  1989/106/EEC  (CPD)  and  Construction  Products 

Regulation 305/2011/EU (CPR) 

−  Low Voltage Directive 2006/95/EC (LVD)  
−  Electromagnetic Compatibility Directive 2004/108/EC (EMC) 
−  Pressure Equipment Directive 97/23/EC (PED) 
−  General Product Safety Directive 2001/95/EC (GPSD) 

More information about these Directives is provided in ANNEX III. 

2.4. 

Evaluation of the Gas Appliances Directive 

The  Directive  has  been  in  place  since  1990  with  the  first  date  of  application  on  1  January 
1992. Although the GAD has been functioning well, the experience with its implementation 
and  the  technical  progress  and  innovation  made  necessary  to  examine  whether  certain 
provisions of it would need to be reviewed. A regular feedback on its functioning is mainly 

11   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 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:218:0082:0128:EN:PDF 

12  Article  2  of  Decision  768/2008  reads:  "Subject  matter  and  scope:  This  Decision  sets  out  the  common 
framework  of  general  principles  and  reference  provisions  for  the  drawing  up  of  Community  legislation 
harmonising  the  conditions  for  the  marketing  of  products  ("Community  harmonisation  legislation"). 
Community harmonisation legislation shall have recourse to the general principles set out in this Decision 
and  to  the  relevant  reference  provisions  of  Annexes I,  II  and III.  However,  Community  legislation  may 
depart  from  those  general  principles  and  reference  provisions  if  that  is  appropriate  on  account  of  the 
specificities of the sector concerned, especially if comprehensive legal systems are already in place".  
13 
SEC 2007(173) http://ec.europa.eu/governance/impact/ia_carried_out/docs/ia_2007/sec_2007_0173_en.pdf 
14   Regulation  (EU)  No  1025/2012  of  the  European  Parliament  and  of  the  Council  of  25  October  2012  on 

European standardisation 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:316:0012:0033:EN:PDF  

EN 

11 

   EN 

 
                                                 
received  through  the  governmental  experts  of  the  Member  States  responsible  for  the 
implementation  of  the  GAD  and  relevant  stakeholders  who  meet  in  the  WG-GA  (for  the 
details of the GAD governance structure, see ANNEX IV). 

Ex-post evaluation 
The  GAD  was  subject  to  an  Ex-post  Evaluation  Study15  carried  out  in  2010-2011.  The 
primary focus was to assess the direct impacts of the GAD in terms of its main objectives of 
ensuring  free  movement  of  products  and  protecting  against  risks  to  safety  and  health.  More 
concretely,  the  study  assessed  the  effectiveness  of  the  GAD,  its  impacts  on  companies  and 
users in the European Union, trade barriers that limit the free movement of goods, innovation, 
and  whether  the  provisions  of  the  GAD  appropriately  guarantee  that  gas  appliances  and 
fittings placed on the market and put into service are designed and constructed in such a way 
that they operate safely and present no dangers.  

Although  the  ex-post  evaluation  concluded  that  the  Directive  was  functioning  well  and 
contributed to the improvement of safety of gas appliances, it also highlighted usefully some 
areas where improvement would be desired. The areas of concerns were the following: 

−  The considerable variations in the extent of market surveillance between Member States;  
−  The  differences  in  the  controls  over  the  quality  of  notified  bodies  and  the  fact  that  fact 
that  some  notified  bodies  do  not  attend  EU  level  co-ordination  meetings  thus  not 
benefitting from exchange of experience; 

−  The continuing trend of mixing different gases requiring gas appliance manufacturers to 
accept a wider range of gas quality. Harmonised requirements for the format and content 
of this information could help manufacturers to address this issue; 

−  The  differences  in  the  national  installation  requirements  and  qualification  requirements 

for gas installers;  

−  The leading cause of fatalities associated with gas appliances relate to carbon monoxide 

(CO) poisoning; 

−  The  costs  of  the  GAD  are  relatively  higher  for  SMEs  implying  that  SMEs  are  more 

sensitive to any changes of the legal framework; and 

−  The fact that the GAD does not cover all products presenting gas risks. 

The overall conclusion of the data collection, the consultation of sector’s stakeholders and the 
executed  analysis  was  that  the  Directive  had  been  implemented  successfully  in  all  Member 
States  and  has  been  functioning  well.  It  could  be  concluded  that  the  Directive  had  been 
efficient and had been effective in meeting its objectives.  

The compliance costs caused by the change from the pre-GAD national legal frameworks to 
the  harmonised  EU-wide  GAD  framework  more  than  20  years  ago  might  have  been 
significant  for  one-off  or  short  run  products  which  were  assumed  to  more  likely  be 
manufactured by smaller companies. This could indicate potentially adverse effect on SMEs 
due to higher unit costs, if the scope was changed. 

The number of gas appliance related accidents had been declining, the trend had been away 
from  fatal  incidents  and  the  number  of  incidents  resulting  in  injuries  has  also  dropped.  A 

15   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 

EN 

12 

   EN 

 
                                                 
general  consensus  that  the  GAD  had  improved  the  safety  of  gas  appliances  exists.  This  is 
demonstrated  also  by  the  very  low  number  (at  most  15  per  year)  of  gas  appliances  notified 
annually under RAPEX and ICSMS systems compared to the millions of gas appliances sold 
each year. 

More detailed information on the ex-post evaluation can be found in ANNEX V. 

Impact assessment study 
The  present  report  builds  on  IA  Study16  on  the  review  of  the  GAD  which  examined  the 
impacts of (1) the alignment of the GAD with the New Legislative Framework (NLF); (2) the 
clarification of its provisions; and (3) a possible modification of the scope.  

Methodology 

A review of available data as well as consultation with relevant stakeholders was undertaken 
to identify any safety risks or market failures (i.e. barriers to trade) that have arisen in relation 
to products currently included in the scope of the GAD and those which are not covered by it. 
Efforts were made to obtain the most relevant and accurate data. The starting points for the 
assessment were the findings and conclusions of the above ex-post evaluation of the GAD.  

Furthermore,  an  additional  consultation  was  undertaken  by  sending  a  questionnaire  to  over 
130 named persons in relevant organisations. 34 responses were received with several follow-
up  interviews.  The  responses  to  these  interviews  and  the  Public  Consultation  (2011-2012) 
were  critically  analysed  and  reviewed  with  particular  regard  to  assisting  with  the 
identification  of  potential  problems  and  issues  which  would  benefit  from  revisions  to  the 
GAD.  In  particular,  stakeholders  that  had  proposed  taking  new  product  groups  within  the 
scope  of  the  GAD  were  further  consulted  in  order  to  accurately  determine  the  underlying 
problems and their drivers and to enable formulation of respective policy options. 

The work was executed in conformity with the general approach set out in the Commission’s 
Impact Assessment  Guidelines17.  The  methodological  framework underling the analysis is a 
cost-benefit analysis, with the aim being to determine whether the proposed revisions under 
the policy options would deliver net benefits. Where quantifying a particular impact was not 
possible,  qualitative  information  was  combined  with  quantitative  data  to  provide  an 
overarching assessment of whether an option delivers net benefits. 

Outcome of the study 

Regarding the potential problems other than those dealt with by the NLF, it was necessary to 
carefully  investigate  a  number  of  issues  raised  by  Member  States,  manufacturers  and  other 
stakeholders  implying  that  the  GAD  was  not  included  in  the  alignment  package  of  the  9 
Directives  currently  subject  to  inter-institutional  discussions.  After  the  IA  Study  had  been 
carried out, it appeared that there is no need to extend the scope of the GAD. Consequently, 
no  major  change  is  necessary  but  the  issues  to  be  dealt  with  concern  clarification  of  the 
existing legal provisions. 

The results of the IA Study are presented in more detail below in section 4. 

16  

Impact assessment study on the review of the Gas Appliances Directive 2009/142/EC, ), Final Report, Risk 
& Policy Analysts Limited, October 2012 
http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/gad/ia-study-rep_en.pdf  
17   European Commission, Impact Assessment Guidelines SEC(2009) 92, January 2009 

http://ec.europa.eu/governance/impact/commission_guidelines/docs/iag_2009_en.pdf  

EN 

13 

   EN 

 
                                                 
A  detailed  analysis  of  the  governance  structure  of  the  GAD,    the  results  of  the  ex-post 
evaluation  of  Directive  2009/142/EC  on  appliances  burning  gaseous  fuels  (GAD),  an 
overview of the appliances and fittings market, examination of accident data, summary of the 
elements relevant for the alignment of the GAD with the NLF, analysis of the interpretation 
needs  as  reflected  by  the  current  GAD  Guidance  Sheets,  additional  information  about  the 
applied  methodology  and  an  in-depth  analysis  of  the  policy  options  and  competitiveness 
proofing are presented in Appendices. 

3. 

OVERVIEW OF THE APPLIANCES AND FITTINGS SECTOR 

The  sales  and  stock  of  gas  appliances  are  linked  to  the  consumption  of  mains  gas  and 
Liquefied Petroleum Gas (LPG). For fixed appliances it has been therefore useful to consider 
the number of households connected to mains gas and the consumption of LPG. For mobile 
appliances,  the  consumption  of  LPG  is  the  key  indicator.  However,  only  very  limited  data 
were  available  on  the  number  of  homes  and  businesses  using  LPG.  Due  to  the  fact  that 
Eurostat statistics does not differentiate between appliances that are fixed and mobile, the data 
presented for fixed space and water heaters and cooking appliances already includes mobile 
appliances. 

The IA Study (2012) provided an estimate on the current EU stock of gas appliances is being 
at least 470 million. Annual sales of gas appliances are at least 30 million units and are sold 
and (in most cases) installed at a total cost of around €40 billion. When  installation costs are 
excluded, the annual value is around €23 billion.  

For  fittings,  no  EU  wide  information  on  stock,  lifespan,  consumption,  or  costs  is  available. 
However,  according  to  the  Competitiveness  Study  (2009)18,  the  turnover  in  the  fittings 
(safety, controlling and regulating devices other than gas appliances) sector was around €1.7 
billion. It must be noted that fittings are an independent sub-group of GAD covered products 
which  are  traded  between  manufacturers;  the  annual  sales  value  of  gas  appliances  provided 
above is not directly linked to the sales of fittings. 

Currently,  the  markets  for  most  types  of  gas  appliances  are  considered  to  be  mature,  with 
numerous  competitors  and  established  market  positions  amongst  the  major  manufacturing 
companies.  For  some  product  categories,  they  have  largely  become  replacement  markets 
(such as the boiler market in Germany, Belgium and the Netherlands). However, there may be 
scope for market growth in those Member States where access to mains gas is set to increase 
in the future.  

The data collected on the markets for the main product categories (see 2.1.) of gas appliances 
are summarised in Table 1. Due to lack of disaggregated data, mobile and fixed appliances are 
considered together. The table does not provide data on products that are currently outside the 
scope of the GAD.   

18   Ecorys (2009):  Study on the Competitiveness of the Gas Appliances Sector 

http://ec.europa.eu/enterprise/sectors/pressure-and-
gas/files/study_competitiveness_eu_gas_appliances_final_en.pdf  

EN 

14 

   EN 

 
                                                 
Table 1: Summary of the appliances and fittings market for the main product categories (2010) 

Product 
category 

Stock 
(million) 

Lifespan 
(years) 

Sales 
(million) 

Purchase 
Cost (€) 

Install.  
cost (€) (1) 

Value 
( €billion) 

appliances 
Gas boilers 
Gas fires/ 
space heaters 
Gas water 
heaters 
Gas cookers/ 
ovens/BBQ 
Gas 
refrigerators 

Gas lighting 

100 

551,4 

361,4 

280 

- 

0.07 (street 
lights) 

23 

30 

17 

19 

- 

- 

7.8 

4.8 1,2,4 

1,700 
240 3 
450 1 

1,600 

270 

26 

3.5 1,4 

2 1,4 

390, 7301,5 

250, 450 1,5 

1.4 1,4 

15 

- 

268 - 2,000 

30 - 400 

5.6 

200 - 1,800 

Unknown 

Millions 

10-75 3 

- 

0.26 

fittings 
Associated 
fittings6 
Notes: 1) Household use only, 2) Fixed appliances only, 3) Mobile appliances only, 4) Likely to be an 
underestimate, 5) Instantaneous heaters/storage heaters., 6) Fittings separately marketed for trade use 

1.7 

- 

- 

- 

- 

- 

Source: Impact Assessment Study (2012) 

More detailed information on the appliances and fittings market can be found in ANNEX VI. 

4. 

PROBLEM DEFINITION  

Despite  successful  functioning  of  the  GAD,  there  is  a  broad  consensus  that  it  needs  some 
improvements.  For  instance,  the  majority  of  the  respondents  (75.6%)  to  the  Public 
Consultation  (2011-2012)  did  not  consider  the  definition  of  the  scope  in  the  current  GAD 
clear enabling determination of products falling within the scope. Furthermore, 77.8% of the 
respondents  were  of  the  opinion  that  additional  information  relating  to  the  gas  supply 
conditions in the Member States should be made available. Most of the respondents (77.8%) 
were not in favour to deal with energy efficiency in a more concrete way in the framework of 
the GAD but to refer to the more specific EU harmonisation legislation regarding this aspect. 
In general, the improvement of the formulation of certain Articles and Essential Requirements 
as well as providing definitions for the terminology used was supported by the majority of the 
respondents to the Public Consultation (for more details see ANNEX I).  

The  elements  of  the  policy  options  have  also  been  subject  to  very  detailed  and  long 
discussions  in  several  meetings  of  the  WG-GA,  WG  GAD  Rev  and  GAD-AC.  The  Public 
Consultation  (2011-2012)  made  it  possible  also  for  parties  not  represented  in  these  groups 
(e.g. citizens, SMEs, manufacturers of gas products not covered by the current GAD, etc.) to 
contribute to the revision process. In the framework of the IA Study, further consultations of 
the sector’s experts and other contributing parties were executed in order to obtain additional 
information about the underlying problems behind the proposals and views expressed, and the 
causes of the problems. 

Consequently,  all  the  parties  potentially  concerned  were  widely  consulted  on  the  proposed 
policy options. 

EN 

15 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Lots  of  efforts  were  yet  put  into  attempts  to  identify  the  assumed  safety  related  problems 
and/or those caused by internal market barriers. Consequently, regarding a possible widening 
of  the  scope  the  Public  Consultation  (2011-2012)  questions  asked  the  respondents,  among 
other  things,  to  indicate  which  products  and/or  product  groups  are  subject  to  obstacles  to 
intra-EU trade or which present unresolved gas risks, to describe what the concrete problems 
that  have  been  experienced  are  and  to  indicate  in  or  between  which  Member  States  these 
problems have appeared. The responses were subject to extremely careful analysis. Parallel to 
this  examination,  data,  accident  statistics  and  potentially  relevant  information  from  other 
sources (other studies, Impact Assessments, etc.) was collected and examined. 

After the IA Study had been carried out, it appeared that the extension of the scope cannot be 
justified as real problems in terms of health and safety of EU citizens, uneven level playing 
field  or  complex  regulatory  environment  which  would  be  classified  as  “problems”  in  the 
meaning  of  the  Commission’s  Impact  Assessment  Guidelines  were  not  identified  implying 
that no major change is necessary. The identified issues to be dealt with concern clarification 
and simplification of the existing legal provisions, and alignment.  

Nevertheless, it is the time to go ahead with the alignment of the GAD as the alignment of the 
sectorial Directives with the NLF is a legal and political commitment taken by the institutions. 
As this requires amendment of the legal text of the GAD, the opportunity is used to address 
those GAD specific aspects deemed to be justified. 

The  above  areas  of  improvements  do  not  involve  major  changes;  however,  in  light  of  the 
experience  of  the  functioning  of  the  Directive,  the  input  to  the  Public  Consultation  and  the 
outcome of the IA Study (2012), the following areas of issues were carefully examined:  

− 
− 
− 
− 

− 
− 

the alignment with the New Legislative Framework (NLF); 
the scope, i.e. the product coverage;  
the sector specific terminology used and definitions; 
the communication of the types of gas and the corresponding supply pressures used on 
the territories of the Member States; 
the concept of rational use of energy, and 
the requirements (Articles, Essential Requirements in Annex I, other Annexes). 

Taking the results of the IA Study into account and noting that the scope and the provisions of 
the  GAD  remain  nearly  unchanged,  it  can  be  concluded  that  the  proposal  does  not  have 
significant  economic,  social  or  environmental  impacts  except  those  minor  impacts  of 
proposed  clarifications  which  will  yet  highly  facilitate  the  application  of  the  GAD  by  the 
economic  operators  through  improved  legal  clarity  and  certainty.  Consequently,  it  is 
impossible to derive quantitative data on any specific impacts; however the expected marginal 
benefits have been dealt with in a proportionate way carrying out a qualitative assessment (see 
section  7.3.  and  Annex  XI).  This  IA  Report  refers  to  the  clarification  issues  as  “problem 
issues” in order to stress that no real problems were identified. 

For the problem issue tree see Figure 2 at the end of section 4. 

4.1. 

Alignment with the New Legislative Framework  

One  of  the  reasons  the  reasons  for  adopting  the  NLF  was  a  finding  that  in  some  sectors  a 
significant  number  of  non-compliant  products  not  fulfilling  the  requirements  set  out  in  the 
corresponding Directives were being placed on the market. Some actors were simply affixing 
the CE marking to their products, even though these products did not fulfil the conditions for 
being CE marked.  

Neither the Ex-post Evaluation Study (2011) nor the IA Study (2012) could identify evidence 
on this behaviour being a problem in the gas appliances sector. It also it appeared that market 

EN 

16 

   EN 

 
surveillance is able to identify products that do not comply with the requirements of the GAD 
as well as gas safety risks presented by products currently outside its scope (for more detailed 
information about the analysis of the accident data, see ANNEX VII). These non-compliant 
products  are  subject  to  restrictive  measures  like  sales  ban  and  withdrawal  from  the  market 
including recalls from consumers showing that the safety risks are under control19. 

However, many of the general problems identified by the NLF have also been observed in the 
context of implementing the GAD.  

In  its  reports  to  the  WG-GA  the  notified  bodies’  group  GAD-AC  and  several  European 
federations have pointed out that there are differences between the notified bodies in terms of 
the  equipment  they  have  at  their  disposal,  with regard  to  their  expertise,  their  prices  and  in 
their practices to sub-contract testing, The notified bodies group has also deplored the fact that 
many notified bodies do not participate in the co-ordination meetings aiming to bridge the gap 
in  knowledge  that  exists  across  all  notified  bodies  and  may  not  apply  the  GAD  Guidance 
Sheets20.  Furthermore  the  group  frequently  pointed  out  different  practices  in  the  Member 
States as regards the evaluation and monitoring of notified bodies.  

A number of appliance and fittings manufacturers are also faced with the problem of the legal 
framework  being  complex  and  sometimes  being  experienced  inconsistent  as  frequently 
appliances and fittings have to comply also with other Directives21.  

The  alignment  of  the  GAD  with  the  NLF  will  be  in  line  with  the  political  and  legal 
commitment laid down in Article 2 of the NLF Decision12 to use the solutions offered by the 
Decision as consistently as possible in order to address the overall problems by removing the 
inconsistencies in the sectorial legislation to enable the economic operators and authorities to 
correctly interpret and apply that legislation. 

Concretely, the alignment of the GAD intends to align it to the “goods package” adopted in 
2008 and in particular to Decision No 768/2008/EC establishing a common framework for the 
marketing  of  products.  It  will  include  introduction  of  the  relevant  horizontal  definitions, 
traceability  requirements,  obligations  of  economic  operators,  criteria  and  procedures  for  the 
selection  of  conformity  assessment  bodies  (notified  bodies)  and  conformity  assessment 
requirements  in  the  GAD  legal  text.  The  alignment  will  not  include  introduction  of  new 
elements going beyond a pure alignment of the current GAD. More detailed information on 
the alignment of the GAD with the NLF Decision and its impacts can be found in ANNEX 
VIII. 

19   This result was verified by further consultation with authorities and other organisations undertaken in the 

20 

framework of the IA Study (2012). 
These GAD Guidance Sheets, prepared by the notified bodies group and endorsed by the Member States 
Working  Group  Gas  Appliances  are  neither  a  legally  binding  interpretation  of  the  directive  nor  can  they 
formally  commit  Notified  Bodies  or  authorities.  However,  based  on  a  lay  consensus,  they  represent  a 
reference for ensuring consistent application of the directive by all those involved. 
See http://ec.europa.eu/enterprise/sectors/pressure-and-gas/documents/gad/guidances/index_en.htm  
21   Often e.g. one of more of the following Directives apply to appliances and fittings: the Pressure Equipment 
Directive  97/23/EC,  the  Low  Voltage  Directive  2006/95/ECC,  the  Machinery  Directive  2006/42/EC,  the 
Electromagnetic  Compatibility  Directive  and  the  Construction  Products  Directive  1989/106/EEC.  The 
Directive 92/42/EEC on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels 
which is an implementing measure under the EcoDesign Directive 2005/32/EC covers the energy efficiency 
of gas boilers. 

EN 

17 

   EN 

 
                                                 
The  changes  and  their  impacts  resulting  from  aligning  with  the  NLF  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 Package22 has already examined in depth 
the different options to give effect to the NLF Decision in case of EU product harmonisation 
which are exactly the same for the GAD. The report also provided an analysis of the impacts 
resulting from the measures set out by the NLF Decision.  For this reason this IA Report will 
not examine these aspects. It will focus on GAD specific problems and issues as well as the 
ways to address them.  
Equally, the Impact Assessment Report on the Regulation (EU) No 1025/201223 of European 
Standardisation examined the impacts of this Regulation. Therefore these aspects are not dealt 
with in this report. 

4.2. 

Scope - Product coverage 

4.2.1. Problem that requires action and its underlying drivers 

The technical progress and innovation made it necessary to examine whether a modification 
of the scope of the GAD was required, in particular in order to conclude if any new product 
groups should be brought within the scope of the GAD. One of the main arguments used to 
motivate the possible extension of the scope was that the scope of the GAD excludes certain 
products  that  may  present  gas  risks  as  currently  only  products  for  the  uses24  listed  in  the 
definition  of  the  scope  are  covered.  For  instance,  tools  or  appliances  used  for  heating  of 
materials are not covered unless specifically mentioned (e.g. hot water production). 

As  a  strong  consensus  to  widen  the  scope  has  existed  among  the  majority  of  the  Member 
States  and  main  stakeholders,  an  in-depth  analysis  of  all  available  data  and  the  changes 
proposed by the Member States and the other stakeholders was undertaken. Both the Public 
Consultation (2011–2012) and IA Study (2012) gave a lot of emphasis on the identification of 
the real problems and their causes. In particular, the Member States and the stakeholders that 
had proposed taking new product groups within the scope of the GAD were further consulted 
in order to accurately determine the underlying problems and their drivers in order to enable 
formulation of respective policy options. They were asked to indicate which products and/or 
product  groups  are  subject  to  any  kind  of  obstacles  to  intra-EU  trade  or  which  present 
unresolved gas risks, to describe what the concrete problems that have been experienced are, 
and to indicate in or between which Member States these problems have appeared. 

However, none of the consulted parties was able to identify more than a few issues relating to 
e.g.  national  variations  in  installation  requirements,  national  requirements  for  installers, 
building codes, etc. These issues go beyond the scope of the free movement of goods and fall 
under the competence of the Member States; therefore they are not relevant for the objective 
of the GAD which is to ensure the free movement of products covered by its scope. 

22  New Legislative Framework (NLF) Alignment Package (Implementation of Goods Package), Commission 
Staff Working Paper - Impact Assessment, accompanying document to the 10 Proposals to Align Product 
Harmonisation Directives to Decision No 768/2008/EC, SEC (2011) 1376 final, dated 21.11.2011 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2011:1376:FIN:EN:PDF  

23   SEC 2011( 671) http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2011:0671:FIN:EN:PDF  
24   The  use  of  appliances  for  cooking,  heating,  hot  water  production,  refrigeration,  lighting  and  washing  is 
covered as well as forced draught burners and heating bodies to be equipped with such burners. The GAD 
also covers so-called fittings. Appliances specifically designed for use in industrial processes carried out on 
industrial premises are excluded from the scope. 

EN 

18 

   EN 

 
                                                 
 
The  above  thorough  analysis  undertaken  in  the  framework  of  the  IA  Study  (2012) 
demonstrated that no concrete evidence was available justifying expanding the scope to cover 
new products for safety reasons (no concrete identified gas safety risks that need to or could 
be  addressed  in  the  revision).  Neither  regarding  the  functioning  of  the  internal  market  any 
specific problems associated with barriers to trade with products that currently lay outside the 
scope of the GAD could be identified. 

Regarding the anticipated evolution of the markets due to innovative products based on new 
designs  or  technologies  no  product  groups  (not  yet  covered  by  the  GAD)  representing  a 
technology to be taken within the scope of the GAD was identified. Indeed, the scope of the 
GAD is defined by providing a list of uses of products but not by listing technologies covered 
therefore  the  scope  being  technology  neutral  and  allowing  any  innovative  technology 
benefitting  from  the  GAD  legal  framework25  as  far  as  it  is  used  to  one  of  the  applications 
referred to in the definition of the scope. 

Appliances  specifically  designed  for  use  in  industrial  processes  carried  out  on  industrial 
premises are excluded from the GAD. Whether or not this exclusion creates a gap in ensuring 
the safety of gas appliances being placed on the EU market was separately verified in the IA 
Study (2012). It appeared that a range of other EU harmonisation legislation26 already applies 
to  the  excluded  products.  In  addition,  there  are  a  series  of  end-user  Directives  that  concern 
employers27. 

In general, it must be noted that many gas-related products lying outside the current scope of 
the GAD are covered by other Directives like the Machinery Directive, Pressure Equipment 
Directive, Construction Products Directive, etc. These sectors have not reported about any gas 
safety problems. 

Extensive examination of accident data did neither reveal any such safety problems with gas 
appliances  covered  by  the  GAD  or  those  outside  its  scope  which  could  be  addressed  by 
revising the GAD. The overall number of accidents involving gas appliances appears low. Of 
those  accidents  that  do  occur,  asphyxia  and  CO  poisoning  represent  a  threat  to  safety.  As  a 
broad indication, it is estimated that there are about 200 fatalities and 2,000 injuries associated 

25   There are certain specific technologies which are in principle excluded from the scope of the GAD as only 
products  ‘burning’  gaseous  fuels  are  covered.  Consequently,  it  can  be  questioned  whether  e.g.  fuel  cell 
technologies  are  covered.  However  these  are  already  covered  e.g.  by  the  Low  Voltage  Directive 
2006/95/EC  (LVD)  which  aims  to  ensure  that  only  electrical  equipment  which  do  not  endanger  people, 
domestic animals or property is placed on the market. Article 2 and Annex I list the ‘safety objectives’ of 
the  LVD,  and  it  is  clear  that  all  risks  that  may  arise  from  the  use  of  electrical  equipment  are  within  its 
scope,  with  the  exception  of  electromagnetic  compatibility  issues,  which  are  dealt  with  by  the 
Electromagnetic Compatibility Directive 2004/108/EC (EMC). Consequently, also gas risks of equipment 
covered by the LVD but not by the GAD are regulated by this EU product harmonisation Directive. The 
same applies often also to co-generation (simultaneous production of heat and electricity) appliances which 
normally fall under the scope of the Machinery Directive 2006/42/EC. Also this Directive covers the gas 
safety in case the GAD does not apply to the product. 

26   For instance, the Machinery Directive 2006/42/EC; the Pressure Equipment Directive 97/23/EC; the Low 
Voltage Directive 2006/95/EC; the Electromagnetic Compatibility Directive 2004/108/EC; the Equipment 
Explosive  Atmospheres  Directive  94/9/EC;  the  Measuring  Instruments  Directive  2004/22/EC;  the 
Construction  Products  Directive  89/106/EEC  (to  be  replaced  by  the  Construction  Products  Regulation 
305/2011/EU  on  the  1  July  2013);  and  the  Efficiency  Requirements  for  new  hot-water  boilers  fired  with 
liquid or gaseous fuels 92/42/EEC. 

27   For  instance,  Directive  89/391/EEC  on  the  occupational  safety  and  health  framework,  Directive 
2009/104/EC  on  the  use  of  work  equipment  and  Directive  1999/92/EC  on  minimum  requirements  for 
improving the safety and health protection of workers potentially at risk from explosive atmospheres. 

EN 

19 

   EN 

 
                                                 
with  (non-industrial)  gas-related  products  across  the  EU-27  per  year  –  of  which,  75%  are 
estimated  to  be  associated  with  CO  poisoning.  However,  there  continue  to  be  accidents 
involving gas appliances, but the majority of these are associated with installation failures and 
lack of maintenance rather than safety issues with the appliances.. 

More detailed information on the examination of the accident data can be found in ANNEX 
VII. 

Thus,  on  the  basis  of  the  absence  of  any  evidence,  of  problems  in  the  single  market  or  of 
safety issues there is no justification for bringing new products under the scope of the GAD, 
i.e. there are no concrete identified problems that need to be addressed.  

The  remaining  aspect  requiring  clarification  is  the  exclusion  of  appliances  with  a  normal 
water  temperature  that  exceeds  105oC.  The  exclusion  was  originally  introduced  since  the 
hazards due to pressure for these products were subject to national legislation in most of the 
Member States at the time the GAD was adopted. Currently, the hazards due to pressure are 
under  EU  harmonisation  legislation  (Pressure  Equipment  Directive  97/23/EC)  implying  that 
no risk to conflict with national legislation exists thus the exclusion is not considered to serve 
any more a useful purpose. Consequently, the only identified problem issue with the current 
product coverage is the outdated exclusion of appliances with a normal water temperature that 
exceeds 105oC, however it cannot be considered as a real regulatory failure. 

4.2.2. Who is affected, in what ways and to what extent? 

As  no  particular  safety  problems  or  failures  in  the  functioning  of  the  internal  market  have 
been identified, the affected parties remain those concerned by the current GAD. The removal 
of the 105°C normal water temperature limit is considered as clarification of the GAD scope 
affects  the  users  of  the  specific  GAD  Guidance  Sheet  A1  relating  to  ‘Appliances  and  its 
fittings  covered  by  the  Directive’.  This  GAD  Guidance  Sheet  clarifies  the  confusion  with 
regard to appliances whose water temperature exceeds 105°C for only a short time. 

The affected parties are the manufacturers of gas appliances with a normal water temperature 
close to the 105oC limit as exceeding it might result in the GAD not applying to the products 
concerned. Furthermore, the notified bodies, the Member State authorities and the European 
Organisation for Standardization (CEN) need to consider the current exclusion in carrying out 
their  tasks.  The  end-users  of  gas  appliances  might  be  affected  due  to  diverging  approaches 
adopted by the manufacturers and test houses due to the fact that in borderline interpretation 
of whether the GAD should be applied can vary. 

However,  it  was  not  possible  to  identify  products  on  the  market  potentially  concerned  (e.g. 
espresso  coffee  machines  designed  to  operate  above  the  105°C  normal  water  temperature 
limit)  suggesting  that  no  market  for  such  products  exists.  If  markets  exist,  the  number  of 
products concerned is extremely low. Consequently, no or only few manufacturers would be 
affected by the amendment. 

4.2.3. Evolution of the problem 

As the source of the clarification need stems from the legislation itself, it will persist. Unless 
the  definition  of  the  scope  is  amended,  the  situation  for  manufacturers,  notified  bodies  and 
Member  State  authorities  will  not  change  either.  Since  the  introduction  of  the  Pressure 
Equipment Directive, no risk to conflict with national legislation exists any more. The GAD 
Guidance  Sheet  A1  is  currently  used  to  clarify  the  application  of  the  105°C  normal  water 
temperature limit. 

EN 

20 

   EN 

 
4.3. 

Sector specific terminology and definitions 

4.3.1. Problem that requires action and its underlying drivers 

The current wording of the definition of the scope is not precise and has led to the need for 
interpretation as no definitions for the terms used to define the scope are provided. 

The scope of the GAD is defined by providing a list of uses of products implying that it must 
be  assessed  on  case  by  case  basis  whether  a  design  is  to  be  considered  as  an  “appliance 
burning gaseous fuels used for cooking, heating, hot water production, refrigeration, lighting 
or washing and having, where applicable, a normal water temperature not exceeding 105oC". 
Similar  assessment  is  required  to  judge  whether  the  exclusion  of  "appliances  specifically 
designed  for  use  in  industrial  processes  carried  out  on  industrial  premises"  applies  to  a 
specific product.  

Since  no  definitions  for  the  terms  like  “burning”,  “cooking“,  “heating“,  “hot  water 
production“,  “refrigeration“,  “lighting“,    “washing”,  “specifically  designed“,  “industrial 
processes“, “industrial premises“, etc. are provided, the definition of the scope is not as clear 
as it could be. As a result, it has been necessary to elaborate several GAD Guidance Sheets to 
clarify the scope20: currently 5 GAD guidance Sheets deal purely with the interpretation of the 
scope.  Some  of  the  terms  used  in  the  Essential  Requirements  are  not  entirely  clear,  e.g. 
adequate definitions for the terms “combustion” and “combustion products” would facilitate 
the application of the Essential Requirements. Also the current definition of fittings28 refers to 
"sub-assemblies" in a way, which does not clearly indicate the intention to cover only safety, 
controlling or regulating devices and combinations thereof. 

In  order  to  provide  a  means  to  verify  the  compatibility  of  appliances  with  the  gas  supply 
conditions, the GAD requires, amongst others, that the "appliance category"29 marking must 
be given either on the appliance or its data plate. In order to enable defining the meaning of 
the "appliance category" marking, also the terms "gas family" and "gas group" would need to 
be defined. These two terms would need to be introduced in the GAD. 

In order to take into account the developments in the field of EU energy efficiency legislation, 
the current terminology used in the GAD referring to "energy conservation"30 and "rational 
use of energy"31 must also be reviewed. This matter is dealt with separately in chapter 4.5. 

More  detailed  information  on  the  interpretation  needs  as  reflected  by  the  existing  GAD 
Guidance Sheets can be found in ANNEX IX. 

29  

28   Fittings  means  safety  devices,  controlling  devices  or  regulating  devices  and  sub-assemblies,  other  than 
forced draught burners and heating bodies to be equipped with such burners, separately marketed for trade 
use and designed to be incorporated into an appliance burning gaseous fuel or assembled to constitute such 
an appliance 
'Appliance category' is the means of identifying the gas families and/or gas groups that a gas appliance is 
designed to utilize safely and to the desired performance level. A "gas family" is a group of gaseous fuels 
with similar burning behaviour linked together by a range of Wobbe indices. Furthermore, a "gas group" is 
a  specified  range  of  Wobbe  index  within  that  of  the  family  concerned;  this  range  is  determined  on  the 
general principle that appliances utilising this gas group would operate safely when burning all gases within 
this  range  without  adjustments.  The  Wobbe  Index  is  used  to  compare  the  combustion  energy  output  of 
different composition fuel gases. If two fuels gases have identical Wobbe Indices then for given pressure 
the energy output will also be identical. 

30   GAD Recital (7) 
31   Essential Requirement 3.5. on rational use of energy, Annex I to the GAD 

EN 

21 

   EN 

 
                                                 
The above highlights the need to clarify the terminology used in the current Directive, so as to 
facilitate its implementation and to ensure that all actors understand their obligations and that 
there is a level playing field across all of the markets covered by the GAD.   

The  described  problem  is  a  shortcoming  of  the  current  legal  text  due  to  the  absence  of  the 
definitions for the terminology used. These definitions can be introduced in the GAD only by 
amending the legal text implying that the absence of these definitions can be considered as a 
problem issue. 

4.3.2. Who is affected, in what ways and to what extent? 

The  manufacturers  of  gas  appliances  and  fittings,  the  notified  bodies,  the  Member  State 
authorities  and  the  CEN  who  need  to  know  which  products  are  covered  by  the  GAD  and 
which  remain  outside  its  scope  are  affected.  The  lack  of  definitions  for  the  technical 
terminology  used  has  resulted  in  need  for  interpretation  of  the  meaning  of  the  terms  and 
concepts referred to in the GAD.  

The interpretation of the terminology used in the GAD provided in the GAD Guidance Sheets 
has  ensured  that  the  problems  with  the  legal  ambiguity  have  remained  small.  Despite  of 
issuing GAD Guidance Sheets some grey areas32 creating legal uncertainty remain.  

The need for  interpretation  indicates  that  the sector’s  stakeholders  must  frequently return to 
unclear matters in order to agree on common approaches regarding the scope and certain other 
provisions  of  the  GAD.  No  long-term  legal  certainty  can  be  achieved  as  long  as  the  terms 
used in the legal text can be subject to interpretation. 

4.3.3. Evolution of the problem 

The problem with the missing definitions for the sector specific terminology has been a fact as 
from the time of adoption of the GAD33. Interpretation in the form of GAD Guidance Sheets 
has been adopted over the years the GAD has been applicable, as necessary, enabling keeping 
the problem under control. 

Since  the  introduction  of  the  GAD  in  1990  there  has  been  considerable  innovation  in  the 
development  of  gas  appliances  for  use  in  a  domestic  setting.  This  includes  a  range  of  new 
commercial applications, such as co-generation appliances utilising fuel cell technology. For 
instance, it can be argued that fuel cell products do not "burn" gaseous fuel.  Therefore it is 
becoming  more  and  more  important  to  be  able  to  precisely  define  the  scope  of  the  GAD  in 
terms of precise uses of products covered. 

In recent years, the increasingly common practise of gas appliance manufacturers has been to 
place  on  the  market  complete  heating  units  (appliances  with  integral  combustion  products 
evacuation  and/or  air  inlet  ducts).  This  has  resulted  in  an  increasing  number  of  requests  of 
how the ducts should be legally treated, on one hand, when they are parts of gas appliances 
and,  on  the  other  hand,  if  placed  on  the  market  separately  as  independent  products.  The 
confusion  as  experienced  by  some  stakeholders  is  due  to  the  fact  that  the  GAD  does  not 
provide a precise definition of where a gas appliance starts and where it ends. Furthermore, 

32   For instance, it is not clear whether so-called crème brûlée burners being mini blowtorches are covered by 
the GAD: if preparing crème brûlée is considered as cooking, the crème brûlée burners would be covered, 
but if the heat treatment of this dessert is considered as heating of substance, the use is not covered. 

33   The  GAD  was  adopted  on  29  June  1990  as    Council  Directive  90/396/EEC  on  the  approximation  of  the 
laws of the Member States relating to appliances burning gaseous fuels; the current Directive 2009/142/EC 
is the codified version of this Directive. 

EN 

22 

   EN 

 
                                                 
confusion is also caused by the lack of awareness of the manufacturers and other stakeholders 
about the functioning of the EU harmonisation regarding e.g. the simultaneous application of 
EU harmonisation legislation. 

4.4. 

Communication of the types of gas and the corresponding supply pressures 

4.4.1. Problem that requires action and its underlying drivers 

The types of gas and corresponding supply pressures are not subject to harmonisation in the 
framework  of  the  GAD34.  Since  the  manufacturer  of  an  appliance  needs  information  on  the 
type of gas and supply pressure in order to design safe and energy efficient appliances, Article 
2(2)35 of the GAD requires that the Member States must communicate the types  of gas and 
corresponding supply pressures used on their territories and any changes in their gas supply 
conditions  to  other  Member  States  and  the  European  Commission.  Subsequently,  this 
information is published in the Official Journal of the European Union (OJEU)36. 

Despite  the  obligation  to  communicate  is  included  in  the  GAD,  the  contents  of  these 
communications  has  not  been  defined.  The  established  practise  is  to  communicate  the  gas 
the 
families 
minimum/nominal/maximum supply pressures of gaseous fuels. No GAD Guidance Sheet has 
been prepared in order to define more precisely the contents of the communications. 

the  gross  Wobbe 

and  groups, 

these  gases 

indices  of 

and 

Most  of  the  respondents  77.8%  of  the  respondents  to  the  Public  Consultation  (2011-2012) 
indicated that the current information available on the gas supply conditions is not sufficient 
and there is a need to better determine the parameters which should be communicated by the 
Member  States  in  order  to  ensure  the  adequacy  and  comparability  of  this  information.  The 
majority of stakeholders are also of the opinion that a continuous recording of the information 
should  be  mandatory  as  the  information  published  in  the  OJEU  was  often  obsolete  and 
inaccurate. 

It is also clear that the gas supply conditions in the EU are developing fast, amongst others, 
due to the general objective to increase the proportion of energies from renewable sources. As 
a result, more and more gases from non-conventional sources37 will be supplied both through 
isolated local networks and by injecting them into natural gas grids.  

Despite  the  attempts  to  achieve  a  higher  degree  of  harmonisation  of  gas  qualities  across 
Europe38, it is obvious that the gradual depletion of the sources of gas  extracted from some 

34   Article 194 of the Treaty specifically allows the Member States to choose between different energy sources. 
35  
"Member  States  shall  communicate  in  good  time  to  the  other  Member  States  and  the  Commission  all 
changes  to  the  types  of  gas  and  corresponding  supply pressures used  on  their  territory  which  have been 
communicated in accordance with Article 2(2) of Directive 90/396/EEC.  
The  Commission  shall  ensure  that  this  information  is  published  in  the  Official  Journal  of  the  European 
Union." 

36   http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2004:296:0002:0007:EN:PDF  
37   E.g. 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  substances), 
forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of 
industrial and municipal waste. 

38   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 

23 

   EN 

 
                                                 
gas  fields  and  their  replacement  with  biogas  will  lead  to  an  increasing  diversity  of  gas 
qualities.  

As  the  types  of  gas  and  their  supply  pressures  are  not  subject  to  harmonisation  in  the 
framework of the GAD, the gas quality issue cannot be addressed in this proposal. However, 
it is important to ensure that the manufacturers have adequate information about the types of 
gas and supply pressures available as gas appliances are very sensitive to the composition of 
the fuel: inadequate 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.  Consequently,  the  non-harmonisation  and  lack  of 
minimum requirements for the communication of gas supply conditions has become an issue 
requiring urgently action in order to enable the manufactures to ensure also in the future the 
compatibility of appliances and fittings with the gas supply conditions. 

The  availability  of  adequate  information  is  also  the  prequisite  for  the  determination  of  the 
"appliance  categories"29  in  437:2003+A1:2009  and  in  product  specific  European  standards. 
Since  the  "appliance  category"  marking  is  a  legally  required  marking39,  the  conditions  for 
applying this making must be guaranteed. 

The  described  problem  issue  is  not  purely  a  regulatory  failure  because  the  obligation  to 
communication the types of gas and corresponding supply pressures used on the territories of 
the Member States is already included in Article 2(2) of the GAD implying that the Member 
States  already  have  the  necessary  mechanisms  in  place  (since  the  adoption  of  the  GAD  in 
1990). However, the problem issue is caused by the fact that legal text does neither define the 
parameters to be communicated nor provides any harmonised form for the communication. 

4.4.2. Who is affected, in what ways and to what extent? 

The  manufacturers  of  gas  appliances  and  fittings,  the  notified  bodies,  the  Member  State 
authorities and the CEN who should have (but do not have) available adequate information on 
the types of gas and corresponding supply pressures used in the Member States are affected 
by the problem.  

The absence of appropriate data on the gas supply conditions may result in immediate safety 
problems  due  to  non-availability  of  safety  and  performance  relevant  data  that  is  necessary 
during the design phase of products. Gas appliance designs not achieving correct performance 
levels will have also other negative impacts due to emissions of substances harmful to health 
and  environment  as  a  consequence  of  performance  failures.  The  performance  of  appliances 
may  also  change  in  long  term,  if  the  gas  supplied  contains  impurities  which  were  not 
communicated prior to the design phase. Furthermore, the long-term effects that impurities in 
gaseous  fuels  may  have  on  the  safety  and  performance  of  appliances  cannot  be  detected  by 
installers  and  commissioning  inspectors  as  the  potential  risks  may  appear  only  after 
appliances have been in service for a long time. Consequently,  the safety of users might be 
negatively affected by the absence of adequate information on the gas types supplied. In worst 
case  the  malfunctioning  of  appliances  occurs  immediately  after  its  putting  into  service 
implying that also the safety of gas installers and constructions workers could be endangered 
if the problem is not dealt with. 

Furthermore,  the  absence  of  a  harmonised  means  to  verify  the  compatibility  of  appliances 
both with the legal requirements and the actual gas supply conditions is expected to lead to 

39   The "appliance category" marking must be indicated on the appliance or its data plate. 

EN 

24 

   EN 

 
                                                 
barriers  to  trade  since  it  is  evident  that  diverging  interpretations  would  be  adopted  across 
Europe as new gaseous fuels from non-conventional sources are introduced. 

4.4.3. Evolution of the problem 

At  the  time  when  the  GAD  was  adopted  gaseous  fuels  distributed  through  gas  grids  were 
conventional  fossil  gases  (often  called  "natural  gas"40)  or  in  local  systems  "town  gas"41. 
Additionally,  liquefied  petroleum  gas  (LPG)42  was  supplied  by  tanks,  cylinders  and 
cartridges. 

The gas supply conditions in the Member States are evolving fast, amongst others, due to the 
general objective of EU to increase the proportion of energies from renewable sources. As a 
result, more and more gases from non-conventional sources will be supplied both via isolated 
local networks and by injecting them into the natural gas grids. Consequently, it is foreseen 
that the proportion of gaseous fuels form renewable sources, i.e. biogases, will increase in the 
future. Side by side with this development also the legal framework evolves. In particular, the 
Renewable  Energy  Directive  (RED)  2009/28/EC43  establishes  a  common  framework  for  the 
use  of  energy  from  renewable  sources  in  order  to  limit  greenhouse  gas  emissions  and  to 
promote  cleaner  transport.  To  this  end,  the  Member  States  are  to  establish  national  action 
plans  which  set  the  share  of  energy  from  renewable  sources  consumed,  amongst  others,  in 
heating, for 2020. 

In  this  context  DG  ENER  has  mandated  also  the  CEN  by  mandate  M/475  to  develop 
standards for bio-methane for use in transport and injection in natural gas pipelines. This work 
includes  also  determining  specifications  (parameters  and  values)  for  bio-methane.  Another 
relevant DG ENER mandate is M/400 to CEN in the field of gas qualities. The purpose of this 
mandate is to invite CEN to draw up standards for gas quality parameters for natural gas, that 
are the broadest possible within reasonable costs. 

As the developments aiming to increase the use of gases from renewable sources (biogas) is 
relatively  recent,  so  far  no  systematic  concrete  evidence  about  problems  due  to  foreseen 
changes in qualities of gaseous fuels is available44.  

40   Natural gas is a naturally occurring hydrocarbon gas mixture consisting primarily of methane, with other 

hydrocarbons, carbon dioxide, nitrogen and hydrogen sulphide. 

41   Town gas is a flammable gaseous fuel made by the destructive distillation of coal and contains a variety of 
gases including hydrogen, carbon monoxide, methane and hydrocarbons together with small quantities of 
non-calorific gases such as carbon dioxide and nitrogen. It was the primary source of gaseous fuel until the 
widespread adoption of natural gas. It was used for lighting, cooking, and heating and was often supplied to 
households via a municipally owned piped distribution system. 

42   Liquefied Petroleum Gas, also called LPG, GPL, LP Gas, is a flammable mixture of propane and/or butane. 
43   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 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:140:0016:0062:EN:PDF  

44   Some  signals  of  near  future  challenges  have  been  received.  For  instance,  the  draft  texts  for  certain 
implementing  measures  under  the  Ecodesign  Directive  exclude  from  their  scope  products  “that  are 
designed  for  using  gaseous  or  liquid  fuels  predominantly  produced  from  biomass”.  Such  formulation  of 
exclusions  is  not  compatible  with  the  mechanism  of  the  GAD  using  the  specific  “appliance  category” 
marking  to  indicate  the  compatibility  of  appliances  with  different  gaseous  fuels.  Consequently,  it  may 
become  very  difficult  to  determine  whether  a  specific  gas  appliance  is  (will  be)  covered  by  one  of  the 
implementing  measures  under  the  Ecodesign  Directive,  if  the  means  to  indicate  the  compatibility  is  not 
clear. 

EN 

25 

   EN 

 
                                                 
 
However, it is utmost important to react to the foreseen changes in gas qualities in a proactive 
way  since  the  manufacturers  must  have  adequate  information  about  the  types  of  gas  and 
supply  pressures  available  in  order  to  be  able  to  design  safe  and  correctly  performing 
appliances. The manufacturers, notified bodies and market surveillance authorities must also 
be in a position to determine which Directives apply simultaneously to a specific design.  

As  noted  above,  stakeholders  have  indicated  that  the  information  currently  published  in  the 
OJEU is very difficult to compare because they are provided by the Member States in a non-
harmonised way. Manufacturers do neither have always sufficient information regarding the 
gas  supply  conditions  in  different  regions  of  the  Member  States  limiting  the  possibilities  to 
market their products as widely as they would like to.  

The  problem  clearly  continues  to  evolve.  The  pressure  to  increase  the  use  of  gases  from 
alternative sources will further accelerate the process resulting greater gas quality variations 
across the EU. 

4.5. 

Rational use of energy 

4.5.1. Problem that requires action and its underlying drivers 

The GAD Essential Requirement 3.5. stipulates that "appliances must be so constructed as to 
ensure the rational use of energy, reflecting the state of the art and taking into account safety 
aspects". This wording, which is very general, may lead to different interpretations45. Certain 
appliances may be also covered by more specific European regulations on energy efficiency, 
implying that they shall satisfy these requirements instead of the Essential Requirement 3.5.  

To achieve a reduction in its annual consumption of primary energy, the EU has set minimum 
energy  efficiency  standards  that  seek  to  reduce  energy  consumption  and  increase  energy 
efficiency under the Ecodesign Directive 2009/125/EC46. It is wide in scope and is applicable 
also to products which do not necessarily use energy themselves but have significant impact 
on  energy  consumption  and  can  therefore  contribute  to  saving  energy.  It  does  not  in  itself 
create any requirements, but establishes the means to introduce implementing measures which 
in turn contain detailed provisions.  
Since  the  implementing  measures47  under  the  Ecodesign  Directive  should  be  considered  as 
more  specific  legislation  in  relation  to  the  GAD,  they  will  apply  in  preference  to  the  GAD 
Essential  Requirement  3.5.  as  soon  as  they  become  applicable  to  the  product  groups 
concerned.  

A problem stems from the fact that the Essential Requirement 3.5. is very generic while the 
requirements under the Ecodesign Directive and its implementing measures are very detailed. 

45   Currently the issue is dealt with by the GAD Guidance Sheet B11 on “Rational use of energy, state of the 

art”. 

46   Directive  2009/125/EC  establishing  a  framework  for  the  setting  of  ecodesign  requirements  for  energy-

related products, 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:285:0010:0035:en:PDF  

47   Currently, Directive 92/42/EEC on efficiency requirements for new hot-water boilers fired with liquid or 
gaseous  fuels  (BED)  covering  the  energy  efficiency  of  gas  boilers  and  Commission  Regulation  No 
932/2012  with  regard  to  ecodesign  requirements  for  household  tumble  driers  are  the  only  implementing 
measure under the Ecodesign Directive. However, DG ENER informed in the IASG that it intends to cover 
all  gas-fired  appliances  with  the  implementing  measures  under  preparation  except  some  very  marginal 
products categories. Recently at least two new implementing measures under the Ecodesign Directive have 
been subject to Inter Service Consultation. 

EN 

26 

   EN 

 
                                                 
The approach applied in the GAD is in line with the principles of the New Approach. On the 
contrary, the energy efficiency requirements of the Ecodesign Directive and its implementing 
measures are very detailed and modern terminology which has changed since the adoption of 
the  GAD  in  1990  is  used.  This  imbalance  has  resulted  in  speculations  about  the  general 
applicability of the Essential Requirement 3.5. Furthermore, the terminology used in the GAD 
is outdated48. 

The risk is that the EU legislation on free movement of products and on energy efficiency will 
not be interpreted in a comprehensive and coherent way, if no action is taken to defined the 
relationship between the GAD and the more specific EU legislation on energy efficiency. 

The  described  problem  issue  is  due  to  the  fact  that  the  Essential  Requirement  3.5.  is 
formulated in a very generic way and that it uses outdated terminology. It has become urgent 
to resolve the principle issue which is the overall coherence of all EU legislation. 

4.5.2. Who is affected, in what ways and to what extent? 

The  manufacturers  of  gas  appliances  and  fittings,  the  notified  bodies,  the  Member  State 
authorities  and  the  European  Organisation  for  Standardization  (CEN)  are  affected  by  the 
problem due to the  current  incompatibility of the  legal  provisions  of the GAD and the very 
fast developments in the field of EU energy efficiency legislation. 

Furthermore, the potential failures to comply with all the applicable legal requirements may 
result  in  less  energy  efficient  products  being  placed  on  the  market  and  increase  in  the 
emission levels.  

The execution of installation works may be affected by the lack of clarity of energy efficiency 
requirements  laid  down  for  product  units,  because  the  Member  States  may,  under  certain 
conditions,  set  energy  performance  requirements  for  technical  building  systems49  including 
e.g. gas-fired heating boilers and water heaters. 

4.5.3. Evolution of the problem 

Under  the  GAD,  the  interpretation  of  the  state  of  the  art  takes  place  in  the  framework  of 
standardisation. Around 35-40 harmonised European standards providing for the presumption 
of conformity to the GAD50 requirement on the rational use of energy of gas appliances deal 

48   The  GAD  terminology  on  "energy  conservation"  (recital  no  7)  and  "rational  use  of  energy"  (Essential 
Requirement  3.5.)  reflects  the  terminology  used  at  the  time  of  its  elaboration  and  it  goes  from  the  more 
general  to  the  more  specific  term.  It  is  clear  that  it  refer  to  the  “energy  efficiency”  of  appliances,  since 
“energy  conservation”  is  specified  in  Essential  Requirement  3.5.  as  “rational  use  of  energy”.  The 
development of the EU policy relating to energy, started in the beginning of 1970s, and in many cases the 
terms "rational use of energy", "energy efficiency" and "energy conservation" were used in parallel. In the 
specific context of gas appliances, the term of "rational use of energy" concerns the increased efficiency of 
appliances, in line with the state of the art. 

49   See Article 27 of the Energy Efficiency Directive 2012/27/EU which has amended the Ecodesign Directive 
by adding a specific recital 35(a) on the Member States right to set energy performance requirements and 
added the following sentence to Article 6 on free movement:  "This shall be without prejudice to the energy 
performance  requirements  "provided  that  such  requirements  do  not  constitute  an  unjustifiable  market 
barrier"  and  system  requirements  set by Member  States  in  accordance  with  Article  4(1)  and  Article  8  of 
Directive 2010/31/EU". 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:315:0001:0056:EN:PDF 

50   Mandate is M/BC/CEN/89/6: Gas appliances 

EN 

27 

   EN 

 
                                                 
 
in  an  equal  way  with  the  energy  efficiency  aspect  covered  by  Directive  92/42/EC51.  This 
demonstrates  that  the  concepts  of  "rational  use  of  energy"  and  "energy  efficiency"  are 
considered to be equal. 
Since the  EU  energy  efficiency legislation is evolving fast52,  it  is  becoming  more  and  more 
urgent to clarify the relationship between the GAD and the all the relevant pieces of specific 
EU  energy  efficiency  legislation.  For  the  sake  of  clarity,  the  GAD  would  need  to  clearly 
indicate that where the energy efficiency aspect referred to in its Essential Requirement 3.5. is 
covered  more  specifically  by  the  Ecodesign  Directive  and  its  implementing  measures,  the 
GAD should not apply any more in respect to this aspect. Furthermore, the GAD terminology 
needs  to  be  adapted  to  the  modern  one  in  order  to  avoid  lack  of  clarity  and  therefore 
burdensome interpretation needs on which pieces of EU legislation apply to products as far as 
their energy  efficiency is concerned. In the worst  case,  the  potential  overlapping  of  the  two 
legal  frameworks  will  cause  an  increasing  number  of  clarification  requests  and  even 
complaints as the manufacturers, notified bodies and other stakeholders are not in a position 
to determine how the legislation should be applied. 

4.6. 

Requirements 

4.6.1. Problem that requires action and its underlying drivers 

Articles 

No  problem  issues  with  the  current  Articles  of  the  GAD  have  been  identified  except  the 
communication  of  the  types  of  gas  and  corresponding  supply  pressures  in  accordance  to 
Article 2(2) of the GAD (see above section 4.4.). 

However, a new Article will be introduced in order to clarify the general principle that in case 
aspects dealt with by the Essential Requirements of the GAD are subject to more specific EU 
harmonisation  legislation  (which  is  the  case  with  the  Ecodesign  Directive  and  its 
implementing measures for the energy efficiency aspect), this legislation will apply instead of 
the GAD. 

Essential Requirements (ERs) 

The Essential Requirements have proved well cover the gas risks that appliances and fittings 
may  present.  Also  the  Public  Consultation  (2011-2012)  and  the  IA  Study  (2012)  confirmed 
that the possible modifications to the Essential Requirements suggested by stakeholders were 
generally  related  to  semantic  rather  than  substantive  points.  The  experience  on  the 
implementation  of  the  GAD  has  neither  revealed  any  shortcomings  in  the  current  Essential 
Requirements except the need to align the Essential Requirement 3.5. with the more specific 
legal framework dealing with energy efficiency. This problem is separately dealt with above 
in section 4.5. 

There  are  some  broader  safety  concerns,  in  particular  relating  currently  to  CO  poisoning, 
which is the leading cause of fatalities associated with gas appliances. However, the careful 
further  examination  of  the  accidents  (see  Annex  VII  Examination  of  accident  data)  showed 
that  CO  poisonings  are  largely  related  to  matters  which  are  outside  the  scope  of  the  GAD 
(which  is  a  product  harmonisation  directive),  such  as  installation  failures,  ignorance  of  gas 

51   Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired 

with liquid or gaseous fuels; standardisation Mandate M/066: Efficiency requirements for boilers 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:1992:167:0017:0028:EN:PDF  

52   The Europe 2020 target aims to achieve a 20% increase in energy efficiency. 

EN 

28 

   EN 

 
                                                 
installation and building regulations (e.g. inadequate space ventilation for the installation as 
such or user closing the ventilation openings) or lack of maintenance. 

Unlike  e.g.  the  Machinery  Directive  (MD),  the  GAD  does  not  specify  the  general  design 
principles that must be applied in order to achieve the safety of appliances and fittings. This 
may in some cases attract irresponsible parties to use e.g. warnings on the products and in the 
user  manuals  for  unsafe  designs,  instead  of  designing,  as  far  as  possible,  inherently  safe 
products. Therefore the GAD is said to not necessarily provide as high level of inherent safe 
product designs as the MD even though the gas risks of appliances are comparable to, or even 
more  severe  than,  the  risks  of  machines.  In  the  MD  this  is  accomplished  by  requiring  the 
application of certain specific design principles53 aiming for inherent product safety. Similar 
requirements are also given in the Essential Requirements of the PED. 

No  specific  evidence  on  any  large  abuse  of  the  absence  of  the  above  principles  of  safety 
integration is available however they would contribute to the EU key priority to protect and 
promote the health and safety of citizens. Several Member States and other stakeholders have 
highlighted the importance of the application of these principles which are already elements 
of the already existing design and manufacturing requirements, but unfortunately not provided 
in the legal text. 

The absence of the principles of the safety integration is an issue relating to the current text of 
the Directive and can only be resolved by amending the GAD. 

4.6.2. Who is affected, in what ways and to what extent? 

To a very limited extent, the manufacturers of gas appliances and fittings, the notified bodies, 
the  Member  State  authorities  and  the  CEN  might  be  affected  by  the  absence  of  a  specific 
Essential Requirement on principles of the safety integration. 

The  users  may  also  be  affected  where  economic  operators  would  only  use  warnings  on 
products and user instructions instead of adopting designs ensuring inherent safe products. For 
instance, the outcome of few safeguard clause procedures regarding parasol patio heaters (free 
standing terrace heaters) showed that safer designs could have been adopted. 

4.6.3. Evolution of the problem 

As actually no specific problem has been identified, it is not relevant to provide a description 
of  its  evolution.  However,  the  revision  of  the  GAD  provides  an  opportunity  to  carefully 
consider  introduction  of  improvements  which  would  improve  the  clarity  of  the  Essential 
Requirements  thus  contributing  the  health  and  safety  as  well  as  the  energy  efficiency  of 
appliances. 

4.7. 

EU right to act 

This  initiative  concerns  the  proper  and  effective  functioning  of  the  internal  market  for 
appliances  and  fittings  as  regards  health  and  safety  risks  and  energy  efficiency  of  gas 
appliances and their fittings. EU action in this area is based on Article 114 of the TFEU. The 

53   1.1.2. Principles of safety integration, Annex I to the Machinery Directive: The general design principles 
require  that  the  manufacturers  shall,  in  selecting  the  most  appropriate  methods  in  designing  and 
constructing products, apply the following principles in the order given: 1) eliminate or reduce risks as far 
as possible, 2) take the necessary protection measures in relation to risks that cannot be eliminated, and 3) 
inform users of the residual risks due to any shortcomings of the protection measures adopted and indicate 
whether any particular precautions are required. 

EN 

29 

   EN 

 
                                                 
aspects addressed in this context are already regulated by the GAD. This legislation does not 
however address the identified problem issues as effectively as possible thus the objective of 
the proposal is simplification and clarification of the existing legal provisions. If actions are 
taken  at  national  level  to  address  the  problems,  they  may  create  obstacles  to  the  free 
movements of gas appliances and fittings. Therefore, any changes to the scope, procedures or 
requirements must be carried out at EU level in order to avoid distortions on the EU market. 
This  should  simultaneously  improve  the  legal  clarity,  contribute  to  reduction  of  cost  to 
manufacturers,  notified  bodies  and  authorities  as  well  as  ensure  a  common  European 
framework for placing on the market appliances and fittings. 

Due to the increasing internationalisation of trade, also the number of cross-border cases due 
to the identified problem issues is constantly rising. Coordinated action at EU 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 EU level. 

Although the fact of the non-harmonisation of the types of gas and supply pressures is a factor 
that  affects  the  free  circulation  of  an  individual  gas  appliance,  harmonised  provisions 
concerning  the  design  and  the  construction  of  gas  appliances  guarantee  that  it  cannot  be 
subject to restrictions to its free circulation on grounds related to the harmonised aspects. 

EN 

30 

   EN 

 
 
Figure  2:  Problem  tree  depicting  the  links  between  the  problems  issues  (identified  clarification  needs), 
their drivers and the objectives. 

EN 

31 

   EN 

 
 
5. 

OBJECTIVES  

5.1. 

General policy objectives 

The overall objectives of this initiative are to (1) better protect health and safety of users of 
gas appliances and fittings as well as to ensure the appropriate performance of these products, 
(2)  improve  the  fair  playing  field  for  gas  appliances  sector's  economic  operators  and  (3) 
simplify the European regulation environment in the field of gas appliances and fittings. 

5.2. 

Specific and operational policy objectives 

The general, specific and operational policy objectives are presented below in Table 2. 

Table 2. General, specific and operational policy objectives. 

GENERAL 

SPECIFIC 

OPERATIONAL 

Better protect health and 
safety of users of gas 
appliances and fittings as 
well as to ensure their 
appropriate performance 

Ensure that the economic operators 
have adequate safety and 
performance relevant data available 
on the framework conditions 

Specify the contents of information to be 
communicated on the types of gas and 
corresponding supply pressures used in 
the Member States 

Ensure the clarity of the requirements  Clarify the requirements (Articles, 

Essential requirements and other 
provisions) 

Improve the fair playing 
field for gas appliances 
sector's economic 
operators 

Ensure legal clarity regarding the 
application of more specific EU 
product harmonisation legislation 

Introduce a new general Article on more 
specific EU product harmonisation 
legislation 

Clarify the Essential Requirement 3.5. on 
the rational use of energy 

Simplify the European 
regulation environment in 
the field of gas appliances 
and fittings 

Ensure that legislation is up to date 

Remove the outdated exclusion of 
appliances with a normal water 
temperature that exceeds 105oC 

Ensure clarity of the scope 

Clarify the scope of the Directive by 
providing sector specific definitions 

5.3. 

Consistency with other policies and objectives 

This initiative is in line with the Commission’s policy on the Single Market (Single Market 
Act)54 and Better Regulation policy. 

54 

See http://ec.europa.eu/internal_market/strategy/index_en.htm 

EN 

32 

   EN 

 
                                                 
6. 

POLICY OPTIONS  

6.1. 

General remark 

In line with the Commission policy to simplify the regulatory environment, it is proposed to 
change the Directive into a Regulation. The current Directive imposes clear and detailed rules 
to  become  applicable  in  a  uniform  manner  throughout  the  Union.  It  can  therefore  be  easily 
changed into a Regulation. This change will avoid the costs to the member States associated 
with the transposition of a Directive. In addition, it will allow for a more rapid application of 
the new legislation and it will help economic operators to conduct their business as they will 
have to deal with a single regulatory instrument rather than with 28 national laws transposing 
a Directive. 
Since  the  modification  of  the  scope  of  the  GAD  cannot  be  justified55,  the  scope  and  the 
provisions of the GAD will remain unchanged and the revision of the GAD represents rather 
an exercise to clarify its provisions. Nevertheless, several different policy options are can be 
applied in order to achieve the objectives of the revision, i.e.: 

1.  “Do nothing”: This option represents the current situation with the implementation of 
the GAD. It is considers that the GAD Guidance Sheets as currently available are part 
of the status quo (see Annex IX for more information on the current GAD Guidance 
Sheets).  

2.  “Soft law”: This option is based on the “do nothing” option amended upon need with 
elaboration of new GAD Guidance Sheets. It can be foreseen that all of the problem 
issues identified in this IA Report will require elaborating new GAD Guidance Sheets.  

The  issues  examined  as  part  of  the  policy  option  “soft  law”  are  not  covered  by  the 
current GAD Guidance Sheets. 

3.  “Legislative measure”: This option is undertaken by amending the legal text itself. 

6.2. 

Scope - Product coverage 

1.  Do nothing. 

Option  1  is  to  leave  the  existing  situation  unchanged.  The  product  coverage  of  the 
Directive  will  not  be  changed.  Products  that  are  covered  have  to  fulfil  the 
requirements of the GAD while products that are not covered do not have to fulfil its 
requirements  including  those  with  normal  water  temperature  above  105oC.  The 
described problem issue will persist however it must be noted that it is caused by an 
outdated provision of the GAD that was necessary to include in the GAD at the time 
of its adoption. 

2.  Further clarify the product coverage in the GAD Guidance Sheets (Soft law). 

55   NOTE:  The  removal  of  the  exclusion of  appliances  having  a  normal  water  temperature  exceeding 105oC 
represents updating of the GAD than modification of its scope since the limit was originally introduced in 
order to avoid overlapping with national legislation on safety requirements on pressure vessels. Currently, 
the  hazards  due  to  pressure  are  under  EU  harmonisation  legislation  (Pressure  Equipment  Directive 
97/23/EC). 

EN 

33 

   EN 

 
                                                 
Option  2  is  a  soft  law  option.  The  Directive  will  not  be  changed  but  the  GAD 
Guidance Sheets on the application of the GAD are used to explain, in a more detailed 
way56, the product coverage of the Directive.  

3.  Remove  the  outdated  exclusion  of  appliances  with  a  normal  water  temperature  that 

exceeds 105oC.  

Option  3  uses  legislative  measures.  The  GAD  will  be  changed.  The  outdated  (see 
section  4.2.)  exclusion  of  appliances  with  a  normal  water  temperature  exceeding 
105oC will be removed since it is not considered to serve any useful purpose. 

6.3. 

Sector specific terminology and definitions 

1.  Do nothing. 

Option  1  is  to  leave  the  existing  situation  unchanged.  The  GAD  will  continue  not 
providing  definitions  for  the  terms  used  e.g.  to  define  its  scope  and  the  specific 
terminology used in some of the Essential Requirements. The described problem will 
persist  since  agreeing  with  interpretation  on  the  meaning  of  the  sector  specific 
terminology will remain necessary in order to clarify the provisions of the GAD. 

2.  Provide definitions for the sector specific terminology in the GAD Guidance Sheets 

(Soft law). 

Option  2  is  a  soft  law  option.  The  Directive  will  not  be  changed  but  the  GAD 
Guidance Sheets on the interpretation of the GAD will be used to explain the meaning 
of  the  sector  specific  terminology  thus  preventing  misinterpretation.  Preparation  of 
GAD Guidance Sheets will be a continuous process since guidance documents will be 
prepared upon needs arise. 

3.  Introduce the definitions for the sector specific terminology in the GAD. 

Option  3  uses  legislative  measures.  The  GAD  will  be  changed.  The  missing 
definitions  for  the  sector  specific  terminology  will  be  introduced  in  the  GAD  thus 
clarifying the scope of the Directive and the Essential Requirements concerned. 

6.4. 

Communication of the types of gas and the corresponding supply pressures 

1.  Do nothing. 

Option  1  is  to  leave  the  existing  situation  unchanged.  Article  2(2)  of  the  GAD  will 
continue  to  oblige  the  Member  States  to  communicate  the  types  of  gas  and 
corresponding  supply  pressures  used  on  their  territory  without  specifying  the 
parameters  and  other  information  to  be  communicated.  The  described  problem  will 
persist  since  no  adequate  data  is  made  available  on  the  gas  supply  conditions  in  the 
Member  States.  The  problem  is  getting  worse  due  to  the  increasing  use  of  gaseous 
fuels  from  non-conventional  sources  resulting  in  greater  differences  in  the  gas 
qualities. 

2.  Voluntary  agreement  on  the  contents  of  communicating  the  types  of  gas  and 

corresponding supply pressures (Soft law). 

56   Currently, the GAD Guidance Sheet A1 "Appliances and fittings covered by the Directive" addresses the 
confusion with regard to appliances whose water temperature exceeds 105°C for only a short time. A new 
GAD Guidance Sheet could e.g. conclude that the water temperature limit of 105°C has become obsolete 
and shall not be considered applicable any more. 

EN 

34 

   EN 

 
                                                 
Option  2  is  a  soft  law  option.  The  Directive  will  not  be  changed  but  the  GAD 
Guidance Sheets on the interpretation of the GAD will be used to better determine the 
parameters  which  should  be  communicated  by the  Member  States  in  order  to  ensure 
the  availability  of  adequate  and  comparable  information  on  the  types  of  gas  and  the 
corresponding supply pressures. 

3.  Introduce the requirements for the contents of the communication of the types of gas 

and corresponding supply pressures. 

Option 3 uses legislative measures. The GAD will be changed. Requirements for the 
contents and the format of the information to be communicated by the Member States 
on the types of gas and corresponding supply pressures will be introduced in the GAD 
in order to ensure that adequate information on the gas supply conditions will be made 
available.  This  will  include  the  definition  of  the  necessary  parameters  and  other 
relevant information to be communicated as well as the template to be used. 

6.5. 

Rational use of energy 

1.  Do nothing. 

Option 1 is to leave the existing situation unchanged. The recital of the GAD referring 
to 'energy conservation' and the Essential Requirement 3.5. referring to 'rational use of 
energy' will remain those provisions of the GAD which establish its relationship with 
the  concept  of  'energy  efficiency'.  The  described  problem  will  persist  and  get  even 
worse because of the fast development in the field of EU energy efficiency legislation. 

2.  Voluntary  agreement  on  interpretation  and  application  of  the  Essential  Requirement 

3.5. 

Option  2  is  a  soft  law  option.  The  Directive  will  not  be  changed  but  the  GAD 
Guidance  Sheets  on  the  interpretation  of  the  GAD  will  be  used  to  clarify  the  inter-
relationship between the GAD and the system introduced by the Ecodesign Directive 
and  its  implementing  measures45,  and  which  one  shall  be  considered  as  the  more 
specific  EU  product  harmonisation  regulation  to  be  applied  as  far  as  the  energy 
efficiency aspect is concerned. 

3.  Introduce  a  reviewed  and  supplemented  Essential  Requirement  3.5.  by  dividing  it, 
where  necessary,  to  a  set  of  requirements  dealing  with  energy  efficiency  in  a 
compatible way with the specific EU legislation. 

Option 3 uses legislative measures. The GAD will be changed. The current Essential 
Requirement will be supplemented by dividing it into a set requirements aligned with 
those of the recent EU energy efficiency legislation. This way it will be clarified that 
the concept of 'rational use of energy', as referred to in the GAD, deals with the energy 
efficiency  of  gas  appliances  in  an  equal  meaning  and  extent  as  the  implementing 
measures under the Ecodesign Directive. Furthermore, the GAD will be amended by 
introducing a new article (dealt with below in section 6.6.) highlighting the overruling 
effect  of  any  piece  of  EU  legislations  dealing in  a  more  specific  way  with  a  aspects 
also  covered  by  the  GAD  thus  ensuring  that  no  legal  uncertainty  regarding  the 
applicable regulation remains. 

6.6. 

Requirements 

1.  Do nothing. 

Option  1  is  to  leave  the  existing  situation  unchanged.  The  Articles,  Essential 
requirements and the Annexes of the Directive will not be changed. The relationship 

EN 

35 

   EN 

 
between the GAD and any EU legislation covering more specifically aspects covered 
also  by  the  GAD  will  not  be  addressed.  Products  that  are  covered  have  to  fulfil  the 
requirements of the GAD while products that are not covered do not have to fulfil its 
requirements.  The  described  problem  issue  will  persist,  amongst  others,  due  to  the 
absence of the general design principles in the legal text and fast development in the 
field of EU energy efficiency legislation. 

2.  Further  clarify  the  requirements  (Articles,  Essential  Requirements  and  provisions  of 

the other Annexes) in the GAD Guidance Sheets (Soft law). 

Option  2  is  a  soft  law  option.  The  Directive  will  not  be  changed  but  the  GAD 
Guidance  Sheets  on  the  interpretation  of  the  GAD  will  be  used  to  e.g.  clarify  which 
piece of EU legislations should be applied in order to deal with aspects dealt with in 
seemingly  overlapping  Directives  (e.g.  the  implementing  measures  under  the 
Ecodesign Directive as regards energy efficiency) or how the Essential Requirements 
and  the  provisions  in  the  other  Annexes  shall  be  applied.  A  specific  GAD  Guidance 
Sheet  could  be  elaborated  to  address  the  importance  of  application  of  the  general 
design principles not provided in the legal text. 

3.  Introduce  improvements  to  the  requirements  (Articles,  Essential  Requirements  and 

provisions of the other Annexes).   

Option 3 uses legislative measures. The GAD will be changed. A new Article on the 
overruling effect of any piece of EU legislations dealing in a more specific way with a 
aspects also covered by the GAD will be introduced. The presentation of the Essential 
Requirements in Annex I will be improved in order to clarify the requirements and to 
highlight  safety  concerns  relating  in  particular  to  carbon  monoxide  (CO),  where 
possible. The specific design principles aiming for inherent product safety will also be 
incorporated into Annex I stipulating the general principles on how the safety related 
and other features of gas appliances relevant for the GAD shall be achieved. 

7. 

ANALYSIS OF IMPACTS  

7.1. 

General remark 

The analysis of impacts will be presented in steps. First an overview of the policy options and 
their impacts will be provided (7.2.). Next all the policy options will be assessed qualitatively 
(section  7.3.)  and  preferred  options  (section  7.3.)  will  be  selected.  The  summary  of  the  in-
depth  analysis  of  these  options  will  follow  (section  7.4.;  the  in-depth  analysis  of  the  policy 
options  is  provided  in  Annex  XI).  The  need  for  mitigating  measures  for  the  most  affected 
parties will be considered (section 7.5).  

7.2. 

Overview  of the relevant options,  their potential impacts and the methodology 
for their assessment 

The  types  of  impacts  that  are  assumed  to  be  the  most  relevant  to  revision  of  the  GAD  are 
provided  in  Table  3.  Environmental  impacts  have  not  been  included  in  the  list  of  relevant 
impacts; they are not expected to be significant as none of the options are aimed at addressing 
aspects  of  gas  appliances  or  changing  their  technical  requirements  (such  as  emissions  of 
gases) in a manner which would affect their environmental impacts, e.g. by introducing more 
stringent efficiency requirements. 

Table 3: The types of impacts assumed to be the most relevant to revision of the GAD 

Pre-screening of the Relevance of the Impacts 

EN 

36 

   EN 

 
Impact type 
Economic impacts 
Functioning of the internal market and competition 
Competitiveness, trade and investment flows 
Operating costs and conduct of business/SMEs 
Administrative burdens on businesses 
Public authorities 
Innovation and research 
Consumers and households 
Third countries and international relations 
Social impacts 
Employment and labour markets 
Standards and rights related to job quality 
Public health and safety 

Source: Impact Assessment Study (2012) 

Relevant? 

Relevant  
Possibly Relevant 
Relevant 
Relevant 
Relevant 
Possibly Relevant 
Relevant 
Possibly Relevant 

Possibly Relevant 
Possibly Relevant 
Relevant 

Since  the  modification  of  the  scope  of  the  GAD  cannot  be  justified,  the  legal  framework 
established  by  the  GAD  will  remain  unchanged.  As  a  consequence,  the  economic  operators 
and  the  other  stakeholders  affected  by  the  GAD  will  also  remain  the  same  as  currently. 
Therefore  the  revision  of  the  GAD  is  representing  rather  an  exercise  to  improve  the 
readability and clarity of the scope, the Essential Requirements in Annex I and the provisions 
in the other Annexes. 

In  the  absence  of  particular  concrete  major  problems  (see  section  4.)  that  need  to  be 
addressed,  the  proposed  modifications  are  likely  to  involve  minor  or  no  costs  with  minimal 
economic and social impacts except those minor impacts of proposed clarifications which will 
yet highly facilitate the application of the GAD by the economic operators through improved 
legal  clarity  and  certainty.  Consequently,  it  is  impossible  to  derive  quantitative  data  on  any 
specific  impacts,  however  the  expected  marginal  benefits  have  been  dealt  with  in  a 
proportionate way carrying out a qualitative assessment. 

The  issues  concerning  clarification  of  the  existing  legal  provisions  can  be  dealt  with  by 
different policy options presented above in section 6.1., i.e. by applying the “soft law” option 
based on elaboration of interpretation documents upon needs and “legislative measure” option 
comprising of amending the provisions of the GAD. The “do nothing” might not be able to 
respond to the identified problem issues however it is considered in this report as the baseline 
option.  

The  qualitative  assessment  of  the  policy  options  is  used  to  enable  the  selection  of  the  most 
preferred  option.  For  instance,  it  is  possible  to  assess  whether  the  proposed  changes  are 
favourable  to  safety,  whether  the  effects  of  the  option  provide  a  steady  solution  to  the 
identified problem and whether it is likely that the option contributes to the simplification and 
clarification of the legal framework established by the GAD. 

Both economic (including impact on competitiveness) and social impacts have been assessed, 
to the extent feasible. 

Additional information about the applied methodology can be found in ANNEX X. 

A  more  detailed  analysis  of  the  expected  impacts  on  sectorial  competitiveness  and  the 
competitiveness proofing can be found in ANNEX XI. 

7.3. 

Qualitative analysis 

The magnitude of each impact is assessed according to the following scale: 

EN 

37 

   EN 

 
+ + 
+ 
0 
- 
- - 

significant positive impact 
minor positive impact 
no impact / baseline 
minor negative impact 
significant negative impact 

It is worth noting that even the legislative measure option 3. amending the legal text does not 
have  significant  economic  and  social  impacts  except  the  minor  impacts  of  the  proposed 
clarifications. Consequently, only qualitative assessment of the expected marginal benefits is 
possible. These benefits have been dealt with in a proportionate way based on the responses to 
the  Public  Consultation  (2011-2012),  the  findings  and  conclusions  of  the  IA  Report  (2012) 
and the accumulated experience of the gas appliances sector57 on the functioning of the GAD. 

The results of the analysis are presented in Table 5. in section 8. The allocation of the scores 
of each policy option is provided in ANNEX XI. 

7.3.1. Scope - Product coverage 

1.  Do nothing. 

No impact. For the baseline scenario see description in chapter 4.2.1. and 4.2.3. 

2.  Further clarify the product coverage in the GAD Guidance Sheets (Soft law). 

By  elaborating  a  specific  GAD  Guidance  Sheet  focusing  on  the  outdated  exclusion  of 
appliances with the normal water temperature exceeding 105oC it could be clarified that 
the  temperature  limit  is  not  relevant  any  more  as  the  Pressure  Equipment  Directive  has 
replaced  the  former  national  legislations  and  no  risk  to  overlap  with  legislation  dealing 
with risks due to pressure exists.  
Nevertheless,  as  designs  with  the  normal  water  temperature  exceeding  the  105oC  limit 
given in the legal text could yet be placed on the market, the “soft law” option would not 
resolve  the  current  legal  ambiguity  regarding  these  designs.  Manufacturers  could  adjust 
the normal water temperature of their designs above the 105oC limit that way avoiding the 
application  of  the  GAD.  In  theory,  this  could  result  in  that  gas  appliances  representing 
lower safety levels could be placed on the market. 
However,  no  products  with  a  normal  water  temperature  exceeding  105oC  could  be 
identified  on  the  marker.  Consequently,  no  information  about  incidents  with  gas 
appliances with a normal water temperature exceeding 105oC could be detected. 

This option will lead only to a slightly clearer legal situation. The exclusion is maintained. 

3.  Remove  the  outdated  exclusion  of  appliances  with  a  normal  water  temperature  that 

exceeds 105oC. 

With  a  change  of  the  regulatory  text  a  clear  legal  situation  will  be  established.  All 
manufacturers  will  be  reached.  Consequently,  the  obsolete  exclusion  not  considered  to 
serve any useful purpose does not any more require interpretation. 

The  reduction  of  potentially  non-compliant  products  is  minimal  due  to  the  marginal 
number  (if  any)  of  gas  appliances  with  a  normal  water  temperature  exceeding  105oC. 

57  

In this context it is referred to the gas appliance sector's actors and stakeholders presented in ANNEX IV to 
this report.  

EN 

38 

   EN 

 
                                                 
Nevertheless,  by  removing  the  outdated  exclusion  it  is  assured  that  the  inconsistency  in 
the legal framework is rectified and legal clarity is assured. 

For manufacturers which are affected by the change, there will be costs due to the process 
of  making  the  products  compliant  with  the  Directive.  However,  domestic  appliances  do 
not  generally  have  a  normal  water  temperature  above  105oC.  No  gas  appliances  with  a 
normal  water  temperature  exceeding  105oC  or  manufacturers  of  such  appliances  were 
identified  during  the  impact  assessment  process.  The  expansion  of  the  temperature 
threshold would mainly include appliances used in industrial processes however these will 
remain separately excluded from the scope of the GAD. 

7.3.2. Sector specific terminology and definitions 

1.  Do nothing. 

No impact. For the baseline scenario see description in chapter 4.3.1. and 4.3.3. 

Several  GAD  Guidance  Sheets  interpreting  the  scope  have  been  adopted  in  order  to 
interpret the product coverage of the Directive. They are necessary in order clarify, in the 
absence of the definitions for the terminology used to define the scope and the exclusions, 
which products are covered and which remain outside the scope (see ANNEX IX). 

2.  Provide  definitions  for  the  sector  specific  terminology  in  the  GAD  Guidance  Sheets 

(Soft law). 

Using this option the scope and the concerned Essential Requirements will be clarified by 
providing  in  GAD  Guidance  Sheets  the  currently  missing  definitions  for  the  sector 
specific terminology used in the legal text. A full legal clarity cannot be assured due to the 
fact  that  innovative  products  based  on  new  technologies  will  be  placed  on  the  market 
requiring  frequently  revision  of  the  existing  guidance  documents  or  elaboration  of 
completely new GAD Guidance Sheets. 

Using  GAD  Guidance  Sheets  will  assist  to  achieve  a  better  legal  clarity  which  can  be 
assumed to reduce the number of non-compliant products. However, as the involvement 
of the Member States, manufacturers, notified bodies and the Commission in the adoption 
process  of  the  GAD  Guidance  Sheets  must  always  be  assured  and  unanimity  must  be 
reached, the process is very time-consuming and burdensome. Even in case of unanimity, 
guidance  represents  only  a  voluntary  agreement  not  guaranteeing  long-term  legal 
certainty. 

3.  Introduce the definitions for the sector specific terminology in the GAD. 

In  order  to  provide  the  best  possible  legal  clarity  and  to  avoid  the  need  to  return  to  the 
interpretation  of  the  scope,  the  Essential  requirements  or  any  other  provisions,  the 
modification of the GAD by introducing the definitions for the sector specific terminology 
used in the GAD would be the only option ensuring a stable solution. The scope and the 
relevant Essential Requirements would be defined more precisely thus responding also to 
the anticipated evolution of the markets regarding e.g. new technologies. 

The expected reduction of potentially non-compliant products is little since introduction of 
the  definitions  would  rather  contribute  to  drawing  the  borderline  of  the  scope  more 
accurately  thus  ensuring  that  only  products  covered  by  the  GAD  would  be  certified  and 
CE marked in accordance to its provisions. Therefore the effect of this legal clarification 

EN 

39 

   EN 

 
would  facilitate  the  application  of  the  GAD  and  by  that  way  reduce  the  administrative 
burden and costs. It would also potentially reduce the number of products not covered by 
the  GAD  being  placed  on  the  market  with  an  unduly  affixed  CE  marking58  thus 
facilitating the work of market surveillance authorities to identify such products. 

7.3.3. Communication of the types of gas and corresponding supply pressures 

1.  Do nothing. 

No impact. For the baseline scenario see description in chapter 4.4.1. and 4.4.3. 

2.  Voluntary  agreement  on  the  contents  of  communicating  the  types  of  gas  and 

corresponding supply pressures (Soft law)59. 

Adoption of guidance on the contents and format of the Member States' communication of 
the  types  of  gas  and  corresponding  supply  pressures  used  on  their  territories  could  only 
partially resolve the problem caused by the unavailability of adequate information on the 
gas supply conditions.  

There  would  be  no  guarantee  that  the  communications  would  be  made  in  accordance  to 
the  issued  guidance  as  divergent  views  and  interpretations  on  the  parameters  to  be 
communicated would persist. However, a unanimously adopted GAD Guidance Sheet on 
the  parameters  and  form  of  the  communication  of  the  types  of  gas  and  corresponding 
supply  pressures  could  easily  be  understood  by  the  stakeholders  as  a  legally  binding 
document  thus  the  communications  from  the  Member  States  guaranteeing  that  the 
parameters  communicated  could  be  used  as  input  to  the  design  process  of  products 
without criticism. The same could happen during the conformity assessment of appliances. 

As a GAD Guidance Sheet is neither a legally binding interpretation of the GAD nor can 
it formally commit the authorities or the notified bodies, communications deviating from 
the agreed form could yet be submitted. However, only correct and accurate information 
about  the  types  of  gas  and  supply  pressures  can  ensure  that  designs  are  safe  and  the 
required  energy  efficiency  level  is  achieved.  Consequently,  uncritical  reliance  on 
information  on  the  gas  supply  conditions  communicated  on  the  basis  of  a  voluntary 
guidance document may even result unsafe designs. 

It should also be noted that certain projects (see section 4.4.3.) at the European level aim 
to achieve a higher level of harmonisation of gas qualities. Since the Member States are 
putting  in  place  at  the  same  time  measures  to  increase  the  use  of  renewable  energies 
implying, the risk is high that different measures affecting the gas supply conditions in the 
EU  are  put  in  place.  As  policies  are  enforced  by  legislation,  there  is  a  risk  that  legal 
inconsistencies are created. Therefore tackling with the problem only by guidance cannot 
be expected to resolve the problem. It is likely that the guidance document would need to 
be frequently amended. 

58   For  instance,  it  appears  that  LPG  regulators  placed  on  the  market  and  publicly  available  bear  the  CE 
marking although they are not covered by the GAD but subject e.g. to the General product Safety Directive. 
The latter Directive does not provide the possibility for affixing the CE marking. The CE marking on the 
LPG regulators concerned suggests that it demonstrates the conformity to the GAD. 
It should be noted that that also the communication of the types of gas and corresponding supply pressures 
used on the territories of the Member States is already included in the GAD. Determining better the data to 
be communicated and its format is expected to facilitate the communication thus resulting in cost savings. 

59  

EN 

40 

   EN 

 
                                                 
The reduction potentially the number of non-compliant products cannot be expected to be 
significant if using this soft law option. On the contrary, it is foreseen that the complexity 
of  both  the  technical  and  legal  conditions  under  which  the  compatibility  of  appliances 
with the gas supply conditions is to be determined will increase thus leading to increase of 
potentially unsafe and/or inadequately performing products because of manufacturers not 
being  able  to  identify  the  correct  framework  parameters  and  regulations  to  be  complied 
with.  

3.  Introduce the requirements for the contents of the communication of the types of gas 

and corresponding supply pressures. 

This will be the best solution in terms of technical and legal clarity since it would stipulate 
precisely the parameters to be communicated as well as the format to be applied. It will 
also ensure that adequate safety and performance relevant information is made available 
for  manufacturers,  authorities,  notified  bodies  and  standardisation  organisations.  This 
option will allow the increase in use of gaseous fuels from non-conventional sources and 
the evolutions of related EU legislation by providing the commonly agreed, binding and 
accurate  means  to  refer  to  the  gas  supply  conditions  peculiar  to  each  of  the  Member 
States. 

The  number  of  non-compliant  products  can  be  assumed  to  reduce  in  particular  in  long 
term as the foreseen increase of the technical and legal complexity due to the evolution of 
the  energy  market  and  energy  efficiency  legislation60  will  be  dealt  with  regarding  the 
compatibility29  of  appliances  and  fittings  with  the  types  of  gas  supplied.  It  will  also 
contribute to the consistency of legislation by enabling to use in the GAD and other pieces 
of legislation the same methodology to determine the compatibility of products. 

The  work  of  all  concerned  parties  will  be  facilitated  as  adequate  information  will  be 
available. Due to the fact that the transition towards use of gaseous fuels from renewable 
sources as well as the introduction of energy efficiency legislation is in its early stage, no 
specific cost effects can be demonstrated yet. However, it can be assumed that technical 
and legal clarification in good time will result in significant savings in the long term. 

7.3.4. Rational use of energy 

1.  Do nothing. 

No impact. For the baseline scenario see description in chapter 4.5.1. and 4.5.3. 

2.  Voluntary  agreement  on  interpretation  and  application  of  the  Essential  requirement 

3.5. (Soft law). 

GAD Guidance Sheets can be used to a limited extent to clarify the relationship between 
the concepts of 'rational use of energy' and 'energy efficiency', the latter term used in the 
more  recent  and  foreseen  EU  legislation  on  energy  efficiency.  For  instance,  a  GAD 
Guidance Sheet could explain the transition from the GAD terminology to the modern one 
used  in  the  Ecodesign  Directive  and  its  implementing  measures  highlighting  that  both 
legal frameworks refer to the same aspect.  

60   For instance, some draft legal texts dealing with energy efficiency refer to e.g. "biogas boilers" or "natural 
gas boilers" implying that the scope of those legal texts is not consistent with the terminology used in the 
GAD. 

EN 

41 

   EN 

 
                                                 
However, a full legal clarity cannot be assured because guidance does not change the legal 
text which will remain that of the GAD. There would be no guarantee that the Essential 
Requirement  3.5.  would  be  interpreted  in  an  consistent  way  across  Europe,  in  particular 
because of the fast development in the field of EU energy efficiency legislation. Different 
approaches  in  transposing  that  legislation  could  be  expected  not  necessarily  ensuring 
solutions  compatible  with  the  GAD  which  contains  only  the  generic  Essential 
Requirement 3.5. The Ecodesign Directive deals with energy efficiency in a much more 
detailed way. 

Only  minor  positive  impacts  could  be  expected  being  provided  by  this  option. 
Interpretation could slightly facilitate the manufacturers in identification of the regulations 
applying  to  their  products  as  well  as  the  work  of  notified  bodies.  However,  that  the 
overruling  role  of  the  Ecodesign  Directive  and  its  implementing  measures  as  far  as  the 
energy  efficiency  aspect  is  concerned  would  remain  explained  only  in  non-binding 
documents. 

The option is assumed not to have any significant impact on the reduction of number of 
non-compliant products on the market or the costs to the manufacturers. 

3.  Introduce  a  reviewed  and  supplemented  Essential  requirement  3.5.  by  dividing  it, 
where  necessary,  to  a  set  of  requirements  dealing  with  energy  efficiency  in  a  way 
compatible with the specific EU legislation. 

This  will  be  the  best  solution  in  terms  of  clarity  as  the  Essential  Requirement  3.5.  is 
amended by providing, instead of one generic requirement, a set of requirements aligned 
with  the  energy  efficiency  requirements  as  defined  in  the  implementing  measures  under 
the  Ecodesign  Directive.  Legal  clarity  is  provided  by  demonstrating  that  both  the  GAD 
and  the  implementing  measures  deal  with  the  same  aspect  and  in  an  equal  way. 
Introducing  a  new  Article  (see  chapter  6.6.3.)  referring  to  (any)  more  specific  EU 
harmonisation legislation overruling the GAD in case it covers aspects dealt with by the 
GAD will also facilitate identification of the legislation to be applied. 

The option would support also the views of the Member State authorities, manufacturers, 
notified bodies and other stakeholders (see ANNEX I for the summary of the results of the 
Public Consultation) suggesting that there is no need to consider energy efficiency within 
the  scope  of  the  GAD  in  a  more  concrete  way  because  the  Ecodesign  Directive  and  its 
implementing measures deal with the energy efficiency aspect in an appropriate way and 
overlapping  of  the  GAD  and  that  legislation  should  be  avoided.  The  alignment  of  the 
relevant GAD requirements with those of the Ecodesign Directive would ensure that the 
requirements do not conflict and the transfer of product groups covered by the GAD to the 
Ecodesign  framework  for  the  energy  efficiency  aspect  would  be  smooth  upon  entering 
into force of new implementing measures. 

to  prevention  of  unnecessary  administrative  burden.  In  general, 

The option is unlikely to result in any significant cost benefits, but the legal clarity would 
the 
contribute 
manufacturers  are  considered  to  benefit  from  the  clarification  of  the  energy  efficiency 
requirements  that  their  products  need  to  complied  with.  This  should  slightly  reduce  the 
number of non-compliant products without having major impacts on the costs occurred to 
the manufacturers. 

7.3.5. Requirements 

1.  Do nothing. 

No impact. For the baseline scenario see description in chapter 4.6.1. and 4.6.3. 

EN 

42 

   EN 

 
2.  Further  clarify  the  requirements  (Articles,  Essential  Requirements  and  provisions  of 

the other Annexes) in the GAD Guidance Sheets (Soft law). 

In  addition  to  the  above  points  7.3.3.  and  7.3.4.  only  the  general  need  to  clarify  the 
relationship  between  the  GAD  and  any  piece  of  more  specific  of  EU  harmonisation 
legislation is identified. Issuing GAD Guidance Sheet would be a light and flexible way to 
deal  with  this  need.  Such  guidance  could  explain  that  the  more  specific  legislation  will 
precede the GAD for the aspects it deals with. Currently only the relationship between the 
GAD  and  the  specific  EU  energy  efficiency  legislation  requires  further  clarification  as 
explained above in section 4.5.1., 4.5.3. and 7.3.4. However, as GAD Guidance Sheets are 
not legally binding documents, full legal certainty could not be achieved. 

Regarding the Essential requirements, the risks due to use of gas are well covered by the 
current requirements and only some minor improvements and clarifications could possibly 
be  dealt  with  by  GAD  Guidance  Sheets.  Although  a  set  of  Essential  Requirements  lay 
down  objectives  to  be  achieved  in  order  to  avoid  risks  due  to  combustion  products 
including  CO,  guidance  could  possibly  be  used  to  encourage  the  manufacturers  to  put 
efforts to further improve the inherent safety of their designs. However, as noted earlier in 
this report, the examination of the accident data revealed that CO poisonings are largely 
related to  matters which are outside the  scope  of  the  GAD.  Yet  a  GAD  Guidance  Sheet 
could  be  elaborated  to  highlight  the  importance  of  the  application  of  the  general  design 
principles. 

The option is unlikely to result in any specific cost effects although it leads to a slightly 
improved understanding of the requirements by the manufacturers and other stakeholders. 
Also the expected reduction of potentially non-compliant or unsafe products is little since 
this soft law option is already applied by the sector in matters requiring interpretation (the 
principle  that  the  more  specific  legislation  applies)  and  the  presentation  of  the  general 
design principles does not add any new elements on the already existing requirements.  

3.  Introduce  improvements  to  the  requirements  (Articles,  Essential  Requirements  and 

provisions of the other Annexes. 

This option will deal with in a concrete way with the few clarification and improvement 
needs of the GAD. However, as noted in section 4.6., no specific shortcomings have been 
identified in the current Articles, Essential Requirements in Annex I or other Annexe have 
been  identified.  The  clarification  needs  are  generally  related  to  semantic  rather  than 
substantive points. 

It  is  yet  possible  to  improve  the  readability  and  clarity  of  the  Essential  requirements.  In 
particular, where the broader safety concerns relating to e.g. risks due to CO will be better 
addressed, the relevant provisions will be amended. The Essential Requirements will also 
be  further  aligned  with  the  general  principles  of  the  New  Approach  in  order  to  clearly 
define  health,  safety  and  performance  related  objectives  instead  of  referring  to  technical 
solutions  to  be  adopted.  Furthermore,  the  specific  design  principles  aiming  to  ensure  a 
high level of inherent product safety will be incorporated in the Essential requirements in 
order  to  describe  the  mandatory  general  principles  on  how  the  safety  related  and  other 
features  of  gas  appliances  relevant  for  the  GAD  shall  be  achieved.  However,  as  the 
introduction  of  the  general  design  principles  does  not  add  any  new  elements  on  the 
already existing requirements, but will stress what is the approach the manufacturers are 
expected  to  continue  to  apply  in  making  their  designs  to  comply  with  the  existing 
requirements. This will facilitate the work of the market surveillance authorities who can 
more easily justify their measures in case they detect potentially unsafe products placed on 
the market and find it obvious that the general design principles have not been applied.  

EN 

43 

   EN 

 
The relationship between the GAD and any other piece of EU legislation covering more 
specifically  aspects  covered  also  by  the  GAD  would  be  clearly  addressed  by  a  new 
Article.  Products  that  are  covered  by  more  specific  legislation  for  aspects  (e.g.  energy 
efficiency) covered by that legislation, would cease to have to fulfil the requirements of 
the GAD. 

The  proposed  changes  will  clarify  and  simplify  the  legal  situation  without  expected 
changes of in the health, safety and performance related aspects of products. They are not 
expected have significant economic impacts on manufacturers, notified bodies and other 
stakeholders except minor reduction of costs due to improved legal clarity. Identification 
of the legislation to be complied with will be facilitated while the need for interpretation 
will reduce. 

The  reduction  of  potentially  non-compliant  products  is  expected  to  be  little  since  the 
modifications mainly improve the readability of the provisions. However, the introduction 
of the design principles aiming to guarantee the high inherent safety of products as well as 
the clarifications of the Essential Requirements dealing with risks due to CO is assumed to 
assist improving the safety of products. 

7.4. 

In-depth analysis 

Summary  of  the  results  of  the  in-depth  analysis  is  presented  on  next  page  in  Table  4. 
Considering the minor changes in the scope and the provisions of the GAD, the more detailed 
analysis of the policy options and the competitiveness proofing are provided in ANNEX XI 
which also explains on what basis the allocation of scores has been executed. 

7.5.  Mitigation measures 

The  in  depth  analysis  has  revealed  that  neither  additional  costs  nor  additional  burden 
especially for SMEs can be expected due to the above proposal.  

The  proposed  clarifications  of  the  GAD  maintain  the  scope  and  the  provisions  in  practise 
unchanged  and  are  expected  to  involve  only  minor  or  no  costs  with  minimum  impacts  in 
general. SMEs will not be disproportionately affected by the revision of the GAD. 

Furthermore, the alignment of the GAD with the NLF is a broad package of measures which 
has the objective, on general level, of removing the remaining obstacles to free circulation of 
products. These measures are intended to improve the functioning of the internal market and 
should make it easier for companies, especially SMEs, to trade their products in the Union. 

Consequently, no separate mitigation measures needs to be provided for SMEs. 

EN 

44 

   EN 

 
 
 
Table 4: The types of impacts assumed to be the most relevant to revision of the GAD 

Impacts of the 
preferred sub-
options 

l
a
i
c
o
S

t
c
a
p
m

i

Impact on 
cost 
competitive-
ness 

Impact on 
the capacity 
to innovate 

t
c
a
p
m

i

c
i
m
o
n
o
c
E

t
c
u
d
o
r
p

-

e
p
o
c
S

e
g
a
r
e
v
o
c

No impacts 
identified, but 
proactive 
reduction of 
non-compliant 
products thus 
enhanced safety 
in case designs 
with a normal 
water 
temperature 
exceeding 
105oC 

None identified 

d
n
a
y
g
o
l
o
n
i
m
r
e
t

c
i
f
i
c
e
p
s

r
o
t
c
e
S

s
n
o
i
t
i
n
i
f
e
d

Slight reduction 
of non-
compliant 
products due to 
improved legal 
clarity  

e
h
t

f
o

n
o
i
t
a
c
i
n
u
m
m
o
C

y
l
p
p
u
s

g
n
i
d
n
o
p
s
e
r
r
o
c

d
n
a

s
e
p
y
t

s
a
g

s
e
r
u
s
s
e
r
p

Safety of 
installers and 
users is 
improved since 
adequate design 
relevant 
information is 
made available 

f
o
e
s
u
l
a
n
o
i
t
a
R

y
g
r
e
n
e

s
t
n
e
m
e
r
i
u
q
e
R

Legal clarity has 
positive impact 
on employment 
and Europe 
2020 target of a 
20% increase in 
energy 
efficiency, 
decrease of non-
compliant 
products 

Minor positive 
impact on user 
safety through 
improved 
inherent safety of 
products, minor 
reduction of non-
compliant 
products on the 
market 

Clearer scope 
facilitates 
implementation 
and reduces 
administrative 
burden 

Facilitates 
identifying 
applicable 
legislation, 
market 
surveillance 
facilitated, unfair 
competition 
slightly reduced  

None identified 

Technical and 
legal clarity 
results in 
savings as 
product design 
is enabled 
and/or 
facilitated 

Readiness to 
invest on 
product 
development 
increases, 
market access is 
enabled and/or 
facilitated 

Technical and 
legal clarity 
facilitates 
complying with 
legislation and 
reduces 
administrative 
burden resulting 
in cost savings 

Product 
development is 
facilitated under 
easily 
identifiable and 
stable legal 
conditions 

None identified  None identified 

Impact on 
international 
competitive-
ness 

None identified  None identified  None identified  Development of 
energy efficient 
products 
enabled thus 
improving 
competitive 
position on 
Global market 

None identified 

Impact on 
SME 

None identified  None identified  None identified  None identified  None identified 

EN 

45 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
8. 

COMPARING THE OPTIONS  

On the basis of the qualitative and in-depth assessment done in chapter 7 and Annex XI the 
following  conclusions  are  made  for  comparing  the  options  (see  Table  5).  The  preferred 
options for each proposed change are highlighted in grey colour. 

Table 5: Comparing the options for the proposed change; preferred options are highlighted in grey colour 

Effectiveness 

Efficiency 

Coherence 

Costs                    Benefits 

Scope - Product coverage (from 7.3.1. and Annex XI) 

Do nothing  0 

0 

0 

0 

Soft law 

0 
Specific objective not met 
as the outdated 
temperature limit of 105oC 
remains in the legal text 
making it possible to 
avoid applying the GAD 

- 
Costs due to need for 
interpretation and 
examination on case by 
cases basis whether 
products covered by the 
GAD 

Legislative 
measure 

++ 
Specific objectives fully 
met as outdated exclusion 
removed; improvement of 
health and safety by 
ensuring that only safe 
designs can be placed on 
the market; clear legal 
situation 

0 
No impact as no 
products with a normal 
water temperature 
exceeding 105oC were 
identified; in theory a 
more level playing field 
for manufacturers; one-
off adaptation of the 
legal text 

0 
None identified because 
the outdated 
temperature limit 
remains in the legal text 
making it possible to 
avoid applying the 
GAD 

+ 
Legal clarity reduces 
administrative burden 
thus costs; proactive 
measure ensuring safety 
of products with a 
normal water 
temperature exceeding 
105oC   

0 
No change implying 
that the options does 
not contribute to 
better regulation and 
Single Market Act, 
but the outdated 
reference to 105oC 
remains 

++ 
Will optimally 
contribute to better 
regulation including 
and Single Market 
Act; clear legal 
situation 

Sector specific terminology and definitions (from 7.3.2. and Annex XI) 

Do nothing  0 

0 

0 

0 

Soft law 

Legislative 
measure 

+ 
Specific objectives partly 
met but legal clarity and 
stability not reached as 
new time-consuming and 
burdensome interpretation 
needs will arise due to 
new technologies and 
innovative products being 
placed on the market 
++ 
Specific objectives fully 
met as the scope and 
Essential Requirements 
are clarified by 
introducing the necessary 
definitions in the legal 
text; clear legal situation 

- 
Elaboration of new 
interpretation will 
cause costs as time-
consuming and 
burdensome 
examination on case 
by case basis will be 
required 

0 
No specific costs; 
clarification of the 
scope and Essential 
requirements will 
reduce administrative 
burden and facilitate 
implementation 
resulting in savings 

+ 
Slight reduction of non-
compliant products as 
tailor-made interpretation 
reduces legal ambiguity 
resulting in some cost 
savings for manufacturers 
of products concerned 

++ 
Legal clarity reduces 
administrative burden thus 
costs; verification whether 
the GAD applies is 
facilitated; reduction of 
non-compliant products 
thus improved safety 

+ 
Will slightly 
contribute to better 
regulation and Single 
Market Act; but the 
definitions for the 
sector specific 
terminology will 
remain missing from 
the legal text 
++ 
Will optimally 
contribute to better 
regulation and Single 
Market Act; clear 
legal situation 
assured 

Communication of the types of gas and the corresponding supply pressures (from 7.3.3. 
and Annex XI) 

Do nothing  0 

0 

0 

0 

EN 

46 

   EN 

 
 
Soft law 

Legislative 
measure 

- 
Specific objectives not 
met since adoption of 
guidance might result in 
reliance on safety relevant 
data without cross-
checking implying that 
unsafe designs might enter 
the market, no guarantee 
on adequate safety and 
performance related data 

++ 
Specific objectives fully 
met as it is ensured that 
adequate health, safety 
and performance relevant 
information is made 
available; clear legal 
situation 

- 
Will not contribute to 
better regulation and 
Single Market Act as 
unclear legal situation 
prevails 

++ 
Will optimally 
contribute to better 
regulation and Single 
Market Act; clear 
legal situation 
assured 

- 
Issuing guidance does not 
guarantee reduction of 
non-compliant products 
and may even mislead 
stakeholders to believe 
that reliable data is 
provided although 
guidance is not legally 
binding interpretation 

++ 
Reduction of non-
compliant products; legal 
and technical clarity 
reduces administrative 
burden and contributes to 
readiness to invest on new 
products; product 
development facilitated as 
adequate information is 
available 

- 
Costs related to 
developing guidance 
which would need to 
be frequently 
updated, lots of 
administrative burden 
due to difficulties to 
obtain adequate 
safety and 
performance related 
data 
++ 
Cost savings due to 
reliability of the data; 
reduction of 
administrative burden 
as contents and form 
of communication 
defined; means to 
verify the 
compatibility of 
products facilitates 
market access thus 
enabling benefit from 
wider markets 

Rational use of energy (from 7.3.4. and Annex XI) 

Do nothing  0 

0 

0 

0 

Soft law 

Legislative 
measure 

+ 
Specific objectives partly 
met as coherence of EU 
legislation only partially 
achieved, improved clarity 
regarding more specific 
energy efficiency 
legislation provided but 
the outdated terminology 
used in the GAD legal text 
and the very generic 
nature of the Essential 
Requirement 3.5. would 
continue to make it 
difficult to identify which 
regulations should be 
applied 
++ 
Specific objectives fully 
met as coherence of EU 
legislation is achieved; 
legal clarity regarding the 
relationship between the 
GAD and the more 
specific energy efficiency 
legislation is provided 

- 
Costs related to 
developing guidance 
would occur because 
of the fast evolving 
situation with EU 
energy efficiency 
legislation, costs for 
manufacturers due to 
administrative burden 
to identify applicable 
legislation 

+ 
Guidance would slightly 
facilitate identification of 
legislation applying to 
products thus reducing 
costs; minor reduction of 
non-compliant products 
however impact falling 
outside the scope of the 
GAD where implementing 
measures under the 
Ecodesign Directive apply 
instead of the GAD 

0 
Will contribute to 
better regulation and 
Single Market Act; 
but unclear legal 
situation remains 
unchanged 

+ 
Administrative 
burden is reduced, 
identification of 
legislation applying 
to products is 
facilitated and 
possible overlapping 
of requirements is 
avoided resulting in 
cost savings; stable 
legal conditions and 
clarity may 
contribute to 
increasing turn-overs 
and profits 

47 

++ 
Legal clarity reduces 
administrative burden; 
reduction of non-
compliant products as 
legal clarity facilitates 
identifying applicable 
regulations; enables 
allocation of resources to 
product development as 
legal framework is 
clearified 

++ 
Will optimally 
contribute to better 
regulation and Single 
Market Act; 
contributes to Europe 
2020 objective to 
improve energy 
efficiency; increases 
coherence of EU 
legislation; clear legal 
situation assured 

   EN 

EN 

 
Requirements (from 7.3.5. and Annex XI) 

Do nothing  0 

0 

0 

0 

Soft law 

Legislative 
measure 

0 
Specific objectives partly 
met but impacts are 
marginal as no 
shortcomings with the 
current requirements were 
identified 
++ 
Specific objectives fully 
met as clarity of legal 
requirements is ensured; 
importance of inherent 
product safety is 
highlighted in the legal 
text; clear legal situation 
assured 

Choice of the legal instrument 

- 
Minor costs related to 
developing guidance 

+ 
Improved understanding 
of the requirements may 
slightly reduce the number 
of non-compliant products  

+ 
Will slightly 
contribute to better 
regulation and Single 
Market Act 

+ 
No specific costs 
except cost savings 
for market 
surveillance who can 
more easily justify 
measures in case of 
unsafe products thus 
some cost savings 

+ 
Improved readability of 
requirements reduces 
slightly administrative 
burden; provides means to 
proactively deal with 
potentially non-compliant 
products; facilitates the 
work of market 
surveillance 

+ 
Will contribute to 
better regulation and 
Single Market Act; 
improves slightly the 
clarity of the legal 
framework 

In line with the Commission policy to simplify the regulatory environment, it is proposed to 
change the Directive into a Regulation. 

The  use  of  a  Regulation  does  not  conflict  with  the  subsidiarity  principle.  As  outlined  in 
chapter 4.7, this legislation is based on Article 114 TFEU with the objective of ensuring the 
proper functioning of the internal market for gas appliances. To achieve this objective, the gas 
appliances  directive  is  a  total  harmonisation  directive.  Member  States  are  not  allowed  to 
impose more stringent or additional requirements in their national legislation for the placing 
on  the  market  of  gas  appliances.  In  particular,  the  mandatory  essential  health  and  safety 
requirements  for  products  and  the  conformity  assessment  procedures  to  be  followed  by 
manufacturers  must  be  identical  in  all  of  the  Member  States.  Given  this  level  of 
harmonisation, which is necessary to avoid obstacles to the free movement of gas appliances, 
Member States have almost no flexibility in transposing the Directive into their national law 
and  its  content  is  in  many  cases  reproduced  word  for  word  in  the  national  transposition 
legislation. 

The  same  applies  to  the  new  provisions  that  will  be  integrated  into  the  text  following  the 
alignment  to  the  NLF  Decision  No  768/2008/EC.  These  provisions  lay  down  requirements, 
obligations and procedures for the manufacturers, importers and distributors of gas appliances 
and for the notified bodies that carry out the conformity assessment procedures. All of these 
provisions are clear and sufficiently precise to be applied directly by the actors concerned. 

The obligations set by the legislation for the Member States, such as the obligation to assess, 
appoint and notify the conformity assessment bodies are, in any case, not transposed as such 
into  national  law  but  implemented  by  the  Member  States  by  means  of  the  necessary 
regulatory  and  administrative  arrangements.  This  will  not  change  when  the  obligations 
concerned are set out in a Regulation.  

The  change  from  a  Directive  to  a  Regulation  will  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  means  employed  to  comply  with  the 
essential  requirements  (harmonised  standards  or  other  technical  specifications)  and  in  the 

EN 

48 

   EN 

 
choice of the procedure used to demonstrate compliance from among the available conformity 
assessment  procedures.  The  existing  mechanisms  supporting  the  implementation  of  the 
legislation  (standardisation  process,  working  groups,  market  surveillance,  administrative 
cooperation (ADCO), the development of guidance documents…) will not be affected by the 
nature  of  the  legal  instrument  and  will  continue  to  operate  in  the  same  manner  under  the 
Regulation as they currently do under the Directive. 

On  a  general  level,  industry  associations  have  expressed  their  preference  for  using 
Regulations in the area of internal market legislation, for two reasons: first, the risk of ‘gold 
plating’ is avoided and second, it allows manufacturers to work directly with the Regulation 
text instead of needing to identify and examine 28 transposition laws.  

There is no uniform position of Member States on this issue. While some see benefits in terms 
of  saving  transposition  costs,  other  point  out  that,  despite  the  direct  applicability  of  a 
Regulation,  certain  national  implementation  measures  (e.g.  relating  to  enforcement)  and 
modifications of existing national legislation are necessary. 

Summing up, it is considered that the use of a Regulation will be beneficial for the sector. It 
will avoid the costs for the Member States associated with the transposition of a Directive. It 
will  allow  for  a  more  rapid  application  of  the  new  legislation  and  will  help  economic 
operators  to  conduct  their  business  as  they  will  have  to  deal  with  a  single  regulatory 
instrument rather than with 28 national laws transposing a Directive. 

9. 

MONITORING AND EVALUATION  

The  monitoring  and  evaluation  of  the  effectiveness  of  the  legislation  will  be  based  on  the 
feedback received through the various cooperation mechanisms already established within the 
framework of the Directive, i.e.: 

– 

– 

– 

Working Group Gas Appliances (WG-GA); 

GAD Administrative Cooperation group (GAD ADCO); 

Horizontal Coordination group of the Notified Bodies in the field of GAD called Gas 
Applianecs  Directive  Advisory  Committee  (GAD-AC)  and  its  preparatory  group 
Notified Bodies Gas Appliances (NB-GA). 

In  particular  the  GAD  ADCO  group  will  discuss  the  national  market  surveillance  programs 
and  the  outcome  of  their  execution,  e.g.  the  actions  taken  (individual  and  concerted  market 
surveillance  activities),  number  of  product  groups  and  products  checked,  number  of  non-
compliant  products  detected,  types  of  non-compliances,  etc.  The  Member  States  will  be 
invited to ensure that the data encoded in the RAPEX system and the ICSMS database as well 
as the documentation enclosed to the safeguard clause notifications includes all the necessary 
details  enabling  identification  of  the  causes  of  the  non-compliances  and  whether  they  occur 
due to issues not regulated by the GAD. 

Additional feedback will be obtained from the new or expanded cooperation and information 
exchange mechanisms provided for by NLF Regulation 765/2008. 

The monitoring of the reduction of non-compliant products will be possible via the following 
indicators: 

– 

– 

EN 

Number of products checked; 

Number of non-compliant products among those checked; 

49 

   EN 

 
– 

Type of non-compliance found. 

These  enforcement  indicators  will  be  based  on  information  provided  by  the  market 
surveillance authorities via 

– 

– 

– 

the RAPEX61 system; 

a general database established under Article 23 of the NLF Regulation 765/2008 for 
the  exchange  of  information  among  the  Member  States  on  market  surveillance 
activities and non-compliant products (ICSMS)62; 

the safeguard clause notification procedures. 

Non-compliance will also be detectable through complaints addressed to the Commission.  
In line with its “Smart regulation” policy63 the Commission will evaluate the effectiveness of 
the revised Gas Appliances Regulation within a period of 5 up to a maximum of 10 years after 
the  date  of  application  of  the  Regulation,  basing  itself  on  the  feedback  obtained  from  the 
mechanisms  set  out  above.  Should  specific  circumstance  so  require,  the  Commission  will 
launch an external evaluation. 

61  RAPEX  is  the  EU  rapid  alert  system  that  facilitates  the  rapid  exchange  of  information  between  Member 
States and the Commission on measures taken to prevent or restrict the marketing or use of products posing 
a  serious  risk  to  the  health  and  safety  of  consumers  (with  the  exception  of  food,  pharmaceutical  and 
See 
medical 
and 
http://ec.europa.eu/consumers/dyna/rapex/rapex_archives_en.cfm 
ICSMS  is  the  data  exchange  system  on  market  surveillance  between  the  market  surveillance  bodies  in 
Europe. See https://www.icsms.org 

http://ec.europa.eu/consumers/safety/rapex/index_en.htm 

devices). 

62  

63   http://ec.europa.eu/enterprise/policies/smart-regulation/index_en.htm 

EN 

50 

   EN 

 
                                                 
ANNEX I:  SUMMARY OF THE RESULTS OF THE PUBLIC CONSULTATION ON THE REVISION OF 
DIRECTIVE 2009/142/EC ON APPLIANCES BURNING GASEOUS FUELS (GAD)  

Introduction 
The consultation took place between the 11th December 2011 and the 11th March 2012. The 
main  objective  of  the  consultation  was  to  ask  the  views  and  opinions  of  authorities, 
manufacturers,  associations,  standardisation  organisations,  notified  bodies,  consumer 
organisations and citizens on various issues that may need to be addressed when revising the 
GAD. 

The following areas to be examined had been identified: 

A. Alignment of the GAD to the New Legislative Framework, in particular to 
Decision  No  768/2008/EC  on  a  common  framework  for  the  marketing  of 
products, 

B. Clarification of the provisions of the GAD in order to make it functioning 
better and to reduce the need for interpretation, and 

C.  Modification  of  the  scope  of  the  GAD  by  e.g.  including  new  products 
groups within its scope where such intra-EU market failures are identified which 
require a European level intervention. 

The  decision  to  consult  the  stakeholders  separately  on  the  above  areas  and  sub-areas  was 
made in order  

a) to enable the detailed analysis of each of the areas separately; and  

b) to be able to comply with the Commission’s Impact Assessment Guidelines requiring that 
the problem definition 

− describes the nature of problem in clear terms and supports the description with clear 

evidence; 

− sets out clearly the magnitude of the problem;  
− sets out clearly who is most affected by it; and 
− identifies clearly the drivers or underlying causes of the problem. 

The  chosen  approach  made  it  possible  to  combine  at  a  later  stage  of  the  impact  assessment 
process  the  elements  of  the  potential  revision  options  to  formulate  more  complete  policy 
options. 

The replies to this consultation were to provide the Commission services with a broader range 
of  views  and  experiences  on  the  functioning  of  the  single  market  regarding  products  which 
are  currently  covered  by  the  GAD  and  those  outside  its  scope  and  possibly  presenting  gas 
risks. The views and other information collected were expected to facilitate identification of 
possible  areas  where  improvement  of  the  conditions  for  marketing  of  gas  appliances,  their 
fittings and other relevant products would be possible thus enabling formulation of European 
level policies as response to well-defined needs. 

This Annex summarises the main elements of the responses received. The statistical analysis 
of the responses is provided in the end of this Annex. 

EN 

51 

   EN 

 
 
 
 
Identification and characterisation of the respondents 

The  participation  in  the  public  consultation  was  important  as  the  Commission  received  90 
replies  with  contributions  from  public  authorities,  industry  associations,  notified  bodies, 
standardisation  and  consumer  organisations,  both  big  enterprises  and  SMEs  and 
consumers/citizens. 

The  participation  of  public  authorities  was  limited,  owing  to  the  fact  that  public  authorities 
have  other  means  to  convey  their  views  to  the  Commission,  in  particular  through  their 
participation in the Member States Working Group Gas Appliances (WG-GA) and the GAD 
Administrative Co-operation group (GAD ADCO) meetings. 

The 90 responses in total were submitted by: 

•  8 public authorities  
•  31 enterprises  

(cid:131)  17 big companies 
(cid:131)  14 SMEs 

•  25 industry associations 
•  8 notified bodies 
•  7 standardisation organisations 
•  2 consumer organisations 
•  9 consumers/citizens 

(8.9%) 
(34.4%) 
(18.9%) 
(15.6%) 
(27.8%) 
(8.9%) 
(7.8%) 
(2.2%) 
(10.0%) 

A. Alignment of the GAD with the New Legislative Framework – Specific issues 

Question A.1: In your opinion is there a need to introduce ‘accredited in-house bodies’? 

Yes 

No 

No opinion 

industry associations 

•  public authorities 
•  big companies  
•  SMEs 
• 
•  notified bodies 
•  standardisation organisations 
•  consumer organisations 
•  consumers/citizens 

1  
1  
5  
1  
0  
0  
0  
0  

(1.1%) 
(1.1%) 
(5.6%) 
(1.1%) 
(0.0%) 
(0.0%) 
(0.0%) 
(0.0%) 

6  
(6.7%) 
16   (17.8%) 
(6.7%) 
6  
21   (22.2%) 
(8.9%) 
8  
(5.6%) 
5  
(2.2%) 
2  
(5.6%) 
5  

1  
0  
3  
3  
0  
2  
0  
4  

(1.1%) 
(0.0%) 
(3.3%) 
(3.3%) 
(0.0%) 
(2.2%) 
(0.0%) 
(4.4%) 

Most  of  the  respondents  76.7%  (i.e.  69  of  90)  were  not  in  favor  to  introduce  accredited  in-
house bodies in the revised GAD. The main concern of the respondents was the independency 
of conformity assessment when undertaken by in-house bodies on the contrary to independent 
Notified Bodies. Respondents also highlighted that the introduction of in-house bodies would 
create  confusion  due  to  the  absence  of  the  ID  number  of  the  notified  body  on  certain  gas 
appliances,  thus  reducing  the  traceability  of  appliances.  Another  point  raised  by  the 
respondents  was  the  cost  element  of  establishing  accredited  in-house  bodies  within 
organisation  especially  in  the  case  of  SMEs.  In  the  end,  there  was  no  support  from  the 
majority of the respondent to change an established certification system proven to work well 
and guaranteeing a high level of safety of appliances placed on the market. 

EN 

52 

   EN 

 
 
 
 
 
 
 
 
On  the  other  hand,  respondents  in  favor  to  introduce  in-house  bodies  in  the  GAD  (8.9%) 
mentioned that such 'accredited in-house bodies' were already in place under the framework 
of other Directives and were functioning well. 

Question A.2: Should the current safety philosophy of the GAD be maintained? 

Yes 

No 

No opinion 

industry associations 

•  public authorities 
•  big companies  
•  SMEs 
• 
•  notified bodies 
•  standardisation organisations 
•  consumer organisations 
•  consumers/citizens 

6  
(6.7%) 
15   (16.7%) 
(7.8%) 
7  
21   (23.3%) 
(8.9%) 
8 
(7.8%) 
7  
(2.2%) 
2  
(7.8%) 
7  

2  
2  
7  
3  
0  
0  
0  
0  

(2.2%) 
(2.2%) 
(7.8%) 
(3.3%) 
(0.0%) 
(0.0%) 
(0.0%) 
(0.0%) 

0  
0  
0  
1  
0  
0  
0  
2  

(0.0%) 
(0.0%) 
(0.0%) 
(1.1%) 
(0.0%) 
(0.0%) 
(0.0%) 
(2.2%) 

The  current  safety  philosophy  of  the  GAD  was  supported  by  81.1  %  (i.e.  73  of  90)  of  the 
respondents  who  pointed  out  that  a  high  level  of  safety  has  been  established  through  the 
current conformity and certification procedure and that this system has worked effectively and 
efficiently. It was also noted that the safety level acquired should be maintained. 

Furthermore, it was mentioned that if the three points from the NLF module for the EC type-
examination would be included in the revised GAD, some clarification or guidance would be 
needed  to  ensure  that  a  consistent  approach  is  undertaken  across  the  EU  as  it  was  not  clear 
who shall make the choice of the procedure: the notified body or the manufacturer. Without 
clear criteria provided for making an easy choice between the options, it was also mentioned 
that  the  least  stringent  one  i.e.  the  assessment  of  the  technical  documentation  without 
checking  the  product  will  always  be  selected  and  this  may  result  in  an  increase  of  non-
conforming or unsafe appliances entering the EU market. 

A  small  number  of  the  respondents  (15.6%)  supported  the  modification  of  the  current 
Directive  by  taking  into  account  the  three  options  as  defined  in  Module  B  of  the  NLF  and 
mentioned that this would provide a more flexible, faster and cost-efficient type examination. 
It  was  in  particular  noted  that  in  the  case  where  appliances  were  produced  on  a  relatively 
infrequent basis and where the type has not changed, a complete EC-type examination may be 
considered as a waste of time and an unnecessary expense and an assessment of the technical 
documentation may be sufficient. 

B. Clarification of the current provisions of GAD 

Question B.1: Is the definition of ‘appliances’ clear enabling the determination of appliances 
falling within the scope of GAD? 

Yes 

No 

No opinion 

industry associations 

•  public authorities 
•  big companies  
•  SMEs 
• 
•  notified bodies 
•  standardisation organisations 
•  consumer organisations 
•  consumers/citizens 

3  
1  
3  
5  
2 
0  
0  
0  

(3.3%) 
(1.1%) 
(3.3%) 
(5.6%) 
(2.2%) 
(0.0%) 
(0.0%) 
(0.0%) 

5  
(5.6%) 
16  (17.8%) 
10   (11.1%) 
18   (20.0%) 
(6.7%) 
6  
(5.6%) 
5  
(2.2%) 
2  
(6.7%) 
6  

0  
0  
1  
2  
0  
2  
0  
3  

(0.0%) 
(0.0%) 
(1.1%) 
(2.2%) 
(0.0%) 
(2.2%) 
(0.0%) 
(3.3%) 

EN 

53 

   EN 

 
 
 
 
 
 
The majority of the respondents 75.6% (equivalent to 68 of 90) did not consider the definition 
of  appliances  given  in  the  current  Directive  clear  enabling  the  determination  of  appliance 
falling within the scope of the GAD. The need for a number of Guidance Sheets was given as 
evidence that an improvement was needed. Some inconstancies were noted in the coverage of 
the  scope  of  the  Directive  and  in  particular,  it  was  stated  that  the  borderline  between  gas 
appliance and combustion products evacuation system was unclear. 

Many  of  the  respondents  brought  forward  upfront  their  positions  in  favour  of  extending  the 
scope (the modification of the scope issue was dealt with in section C. of the consultation). It 
was proposed to cover cooling and power generation products and appliances with innovative 
technologies like CHP, heat pumps, cogeneration, etc. It was also suggested to include newly 
available  fuels  such  as  hydrogen  and  fuel  cell  based  appliances  within  the  scope  of  the 
Directive. 

As regards the wording and to clarify the meaning, it was also suggested to replace the term 
"washing" by "laundry". 

Question  B.2:  Should  additional  information  on  the  gas  supply  conditions  in  the  Member 
States  be  made  available  and  should  the  parameters  to  be  communicated  be  better 
determined? 

Yes 

No 

No opinion 

industry associations 

•  public authorities 
•  big companies  
•  SMEs 
• 
•  notified bodies 
•  standardisation organisations 
•  consumer organisations 
•  consumers/citizens 

6  
(6.7%) 
17   (18.9%) 
11   (12.2%) 
19   (21.1%) 
(7.8%) 
7 
(4.4%) 
4  
(0.0%) 
0  
(6.7%) 
6  

2  
0 
0  
3  
1  
1  
0  
0  

(2.2%) 
(0.0%) 
(0.0%) 
(3.3%) 
(1.1%) 
(1.1%) 
(0.0%) 
(0.0%) 

0  
0  
3  
3  
0  
2  
2  
3  

(0.0%) 
(0.0%) 
(3.3%) 
(3.3%) 
(0.0%) 
(2.2%) 
(2.2%) 
(3.3%) 

Most  of  the  respondents  77.8%  (equivalent  to  70  of  90)  were  of  the  opinion  that  additional 
information relating to gas supply conditions in the Member States should be made available 
and  that  a  continuous  recording  of  the  information  should  be  mandatory  as  the  information 
published  in  the  Official  Journal  of  the  European  Union  (OJEU)  was  often  obsolete  and 
inaccurate.  It  was  noted  that  additional  information  was  important  to  ensure  that 
manufacturers,  Notified  Bodies  and  market  surveillance  authorities  were  guided  in  a  proper 
manner and to avoid confusion. 

Some of the suggestions given by the respondents were the following:  the Wobbe index and 
its  conditions;  the  relative  gas  density;  the  gross  calorific  value;  the  methane  number;  the 
associate materials; the relevant components e.g. methane, ethane, propane, butane, hydrogen, 
CO  and  CO2,  sulphur  and  other  special  components;  the  amount  of  renewable  energy, 
hydrogen, higher hydrocarbons, stench in gas;  minimum and maximum supply pressure at the 
inlet  of  the  appliance  and  at  the  delivery  point;  the  admissible  pressure  loss  in  the  gas 
installation;  the  dew  point  of  water  at  40  bar;  admixing  biogas  or  liquid  gas.  Other 
respondents noted that there were differences in the quality of Liquefied Natural Gas (LNG) 
and that it was important to communicate the elements and/or chemical compounds and their 
quantities in order to ensure that LNG appliances could be used in different regions of the EU. 
It  was  also  proposed  that  a  surveillance  for  gas  qualities  should  be  introduced  and  that  the 
Member States' installation regulations should be made available. 

Another suggestion was that the GAD should encompass both manufacturing and installation. 

EN 

54 

   EN 

 
 
 
A  small  number  of  the  respondents  (7.8%)  considered  that  the  information  currently 
communicated by the Member States was sufficient. To justify their position, they pointed out 
that there was no issue on problems due to a lack of information and that the information as in 
European harmonised standard EN 437 and the product specific standards is sufficient. 

Question B.3: Should the declaration of conformity be provided together with appliances? 

Yes 

No 

No opinion 

industry associations 

•  public authorities 
•  big companies  
•  SMEs 
• 
•  notified bodies 
•  standardisation organisations 
•  consumer organisations 
•  consumers/citizens 

(3.3%) 
3  
(0.0%) 
0  
7  
(7.8%) 
10   (11.1%) 
(3.3%) 
3 
(1.1%) 
1  
(0.0%) 
0  
(0.0%) 
0  

4  
(4.4%) 
17  (18.9%) 
5  
(5.6%) 
15   (16.7%) 
(5.6%) 
5  
(4.4%) 
4  
(0.0%) 
0  
(7.8%) 
7  

1  
0  
2  
0  
0  
2  
2  
2  

(1.1%) 
(0.0%) 
(2.2%) 
(2.2%) 
(0.0%) 
(2.2%) 
(2.2%) 
(2.2%) 

The  majority  of  the  respondents  63.3%  (equivalent  to  57  of  90)  were  not  in  favour  of 
providing the declaration of conformity together with appliances. 

Respondents  were  of  the  opinion  that  the  declaration  of  conformity  was  an  important 
document which should be kept available for market surveillance authorities upon request but 
that  this  document  represents  no  added  value  for  consumers  and  may  increase  the 
administrative  burden  for  industry.  It  was  also  noted  that  the  declaration  of  conformity 
represented  no  added  value  as  the  CE  marking  and  the  product  identification  code  (serial 
number)  were  already  sufficient  to  declare  that  the  obligations  have  been  met.  It  was 
suggested  that  it  should  be  left  to  the  manufacturer  and/or  the  authorised  representative  to 
include the declaration of conformity in a shipment or whether to make it available by others 
means as a copy. Respondent also noted that the GAD is a third party approval Directive as 
the compliance is under the control of Notified Bodies unlike to other Directives as the Low 
Voltage Directive (LVD) where providing the declaration of conformity with the appliance is 
therefore more logical. 

The  part  of  the  respondents  (26.7%)  who  were  in  favour  of  providing  the  declaration  of 
conformity  with  the  appliance  noted  that  this  would  help  to  assure  a  clear  definition  of  the 
responsibilities of the manufacturer, the distributor and/or importer and the user. It was also 
highlighted that this document was important for installers to obtain relevant information and 
also for user to determine if the appliance would meet the requirements.  

Question B.4: Would it be necessary to modify the essential requirement 1.2.1.? 

Yes 

No 

No opinion 

industry associations 

•  public authorities 
•  big companies  
•  SMEs 
• 
•  notified bodies 
•  standardisation organisations 
•  consumer organisations 
•  consumers/citizens 

5  
1  
8  
6  
1 
2  
0  
0  

(5.6%) 
(1.1%) 
(8.9%) 
(6.7%) 
(1.1%) 
(2.2%) 
(0.0%) 
(0.0%) 

3  
(3.3%) 
16  (17.8%) 
4  
(4.4%) 
18   (20.0%) 
(7.8%) 
7  
(3.3%) 
3  
(2.2%) 
2  
(6.7%) 
6  

0  
0  
2  
1  
0  
2  
0  
3  

(0.0%) 
(0.0%) 
(2.2%) 
(1.1%) 
(0.0%) 
(2.2%) 
(0.0%) 
(3.3%) 

Most  of  the  respondents  65.6%  (equivalent  to  59  of  90)  were  not  in  favour  to  modify  the 
Essential  Requirement  1.2.1.  as  the  current  Essential  Requirement  covers  all  safety  risks, 

EN 

55 

   EN 

 
 
 
 
 
provides a legal certainty and informs manufacturer on the information to be included in the 
technical  instructions,  thus  ensuring  a  certain  consistency  across  the  EU.  Therefore,  the 
deletion  or  amendment  of  some  requirements  might  cause  relevant  factors  being  ignored  or 
misinterpreted and the manufacturers not providing all necessary information. 

On  the  other  hand,  the  respondents  who  were  in  favour  (25.6%)  to  modify  the  Essential 
Requirement  1.2.1.  suggested  to  keep  only  the  first  sentence  as  this  part  was  general  and 
applied to all appliances, and the rest was only important for installer and therefore provided 
in  the  case,  the  specific  safety  aspects  needed  to  be  taken  into  account  and/or  provided  in 
harmonised  standards.  But  it  was  also  suggested  that  the  GAD  should  stipulate  the  relevant 
minimum requirements for the implementation and the execution of the safety relevant 'first 
putting  into  service'  procedure  including  tightness  test  on  the  gas  installation  (drop  in 
pressure/leakage rate) and the test for safe flue gas channelling (CO and CO2 concentrations 
in flue gas). 

Respondents also suggested that national regulations for installation should be made available 
so  that  manufacturers  can  take  notice  and  mention  them  in  the  instructions  for  use  and 
installation.  To  share  this  information,  it  was  suggested  to  create  a  product  contact  point 
system for easy access to information or to set up an institution like the 'Standing Committee 
on Construction'. 

Respondents highlighted that it was not enough that an appliance was safe when placed on the 
market;  appliances  should  remain  safe  during  its  entire  life-cycle  and  to  enforce  this  point 
requirements  regarding  instructions  for  regular  inspections  and  for  records  related  to  any 
corrective  actions  taken  during  the  maintenance  phase  should  be  introduced  as  well  as 
requirements regarding the competencies and the training of professional staff involved in the 
planning,  design,  installation,  commissioning,  use  and  maintenance  of  the  appliance. 
Furthermore it was also suggested that another Directive dealing with the installation process 
should be introduced. 

Following  the  philosophy  of  the  installation  recommendations,  it  was  also  suggested  to 
introduce a recommendation to include a CO alarm in the area containing the gas appliance. 

Question B.5: Would it be necessary to deal in the framework of GAD with energy efficiency 
in a more concrete way by e.g. specifying energy efficiency requirements on appliances? 

Yes 

No 

No opinion 

industry associations 

•  public authorities 
•  big companies  
•  SMEs 
• 
•  notified bodies 
•  standardisation organisations 
•  consumer organisations 
•  consumers/citizens 

2  
0  
1  
3  
0 
0  
2  
0  

(2.2%) 
(0.0%) 
(1.1%) 
(3.3%) 
(0.0%) 
(0.0%) 
(2.2%) 
(0.0%) 

(6.7%) 
6  
17  (18.9%) 
7  
(7.8%) 
20   (22.2%) 
(8.9%) 
8  
(5.6%) 
5  
(0.0%) 
0  
(7.8%) 
7  

0  
0  
6  
2  
0  
2  
0  
2  

(0.0%) 
(0.0%) 
(6.7%) 
(2.2%) 
(0.0%) 
(2.2%) 
(0.0%) 
(2.2%) 

The majority of the respondents 77.8% (equivalent to 70 of 90) were not in favour to deal in 
the framework of the GAD with energy efficiency in a more concrete way by e.g. specifying 
energy  efficiency  requirements  for  appliances  as  this  issue  was  already  covered  by  specific 
Directives  such  as  the  Ecodesign  Directive  2009/125/EC  and  the  Eco-Labelling  Directive 
2010/30/EC.  The  respondents  stressed  that  double  regulation  should  be  avoid.  It  was  also 
noted  that  energy  efficiency  is  irrelevant  to  gas  risk  and  should  therefore  not  be  included 
within the GAD. 

EN 

56 

   EN 

 
 
 
Respondents, who supported this point (8.9%), suggested making a reference to the Directives 
on  energy  efficiency  to  clarify  the  situation.  Another  point  raised  by  this  part  of  the 
respondents was to set limit values for the combustion gas parameters (CO and NOx), and in 
particular when the combustion were emitted indoors. 

C. Modification of the scope of the GAD and the Essential Requirements 

Question C.1: Should the scope of the GAD be extended? 

Yes 

No 

No opinion 

industry associations 

•  public authorities 
•  big companies  
•  SMEs 
• 
•  notified bodies 
•  standardisation organisations 
•  consumer organisations 
•  consumers/citizens 

6  
(6.7%) 
13   (14.4%) 
(8.9%) 
8  
16   (17.8%) 
(7.8%) 
7 
(4.4%) 
4  
(2.2%) 
2  
(6.7%) 
6  

2  
3 
2  
8  
0  
0  
0  
1  

(2.2%) 
(3.3%) 
(2.2%) 
(8.9%) 
(0.0%) 
(0.0%) 
(0.0%) 
(1.1%) 

0  
1  
4  
1  
1  
3  
0  
2  

(0.0%) 
(1.1%) 
(4.4%) 
(1.1%) 
(1.1%) 
(3.3%) 
(0.0%) 
(2.2%) 

Most of the respondents 68.9% (equivalent to 62 of 90) were of the opinion that the scope of 
the  GAD  should  be  extended.  The  respondents  stated  that  as  the  Construction  Products 
Directive  (CPD)  is  not  relevant  to  deal  with  gas  risks  presented  by  components  for  gas 
installations  and  the  purpose  of  the  GAD  was  to  ensure  the  safety  of  people,  property  and 
domestic  animals  as  regard  gas  risks  it  was  proposed  to  include  in  the  GAD  all  gas  using 
products and innovations from the fields as cooling, power generation, etc. as well as relevant 
components for gas installation like valves, regulators, safety devices and flexible appliance 
connectors. Another point raised by respondents was to extend the scope of the Directive to 
prevent  closing  the  market  for  independent  combustion  products  evacuations  ducts.  It  was 
also suggested to define new guidance with a positive list of specific products covered by the 
revised GAD. 

A small number of the respondents (17.8%) were not in favour of an extension of the scope of 
the GAD as they considered that the current GAD is functioning well and no safety problems 
have been reported with products outside the scope of the GAD. 

As  regard  problems  with  the  functioning  of  the  internal  market,  many  of  the  respondents 
noted  that  problems  do  exist  where  national  installation/certification  has  been  made 
mandatory.  It  was  suggested  that  national  certification  should  be  avoided  and  national 
regulations should be limited to distribution/supply only in order to ensure the free trade of 
appliances functioning within the EU. In particular the manufacturers of combustion products 
evacuation ducts expressed as their opinion that independent flue system manufacturers might 
be subject to unfair competition since they cannot offer their ducts for CE marked appliances 
with incorporated ducts. 

Respondents  also  noted  that  due  to  differences  in  national  gas  installation,  there  were 
differences in the type of gas and the way how appliances were connected to the installation, 
thus leading to an increased risk of accidents. 

Question C.2: Should the scope of the GAD be reduced? 

•  public authorities 
•  big companies  

2  
0  

(2.2%) 
(0.0%) 

5  
(5.6%) 
16  (17.8%) 

1  
1  

(1.1%) 
(1.1%) 

Yes 

No 

No opinion 

EN 

57 

   EN 

 
 
 
 
 
 
industry associations 

•  SMEs 
• 
•  notified bodies 
•  standardisation organisations 
•  consumer organisations 
•  consumers/citizens 

4  
7  
1 
2  
0  
0  

(4.4%) 
(7.8%) 
(1.1%) 
(2.2%) 
(0.0%) 
(0.0%) 

6  
(6.7%) 
16   (17.8%) 
(7.8%) 
7  
(3.3%) 
3  
(2.2%) 
2  
(6.7%) 
6  

4  
2  
0  
2  
0  
3  

(4.4%) 
(2.2%) 
(0.0%) 
(2.2%) 
(0.0%) 
(3.3%) 

The  majority  of  the  respondents  67.8%  (equivalent  to  61  of  90)  were  not  in  favour  of  a 
reduction of the scope of the GAD as there was no evidence in favour to such proposal and it 
would potentially increase the number of unsafe products on the market. Another point noted 
by  the  respondents  was  to  avoid  unregulated  products  and/or  national  requirements  which 
restrain the free trade of appliances within the EU. 

Question C.3: Should the exclusion of appliances with a normal water temperature exceeding 
105oC be maintained? 

Yes 

No 

No opinion 

industry associations 

•  public authorities 
•  big companies  
•  SMEs 
• 
•  notified bodies 
•  standardisation organisations 
•  consumer organisations 
•  consumers/citizens 

1  
6  
3  
7  
2 
2  
0  
0  

(1.1%) 
(6.7%) 
(3.3%) 
(7.8%) 
(2.2%) 
(2.2%) 
(0.0%) 
(0.0%) 

6  
(6.7%) 
10  (11.1%) 
1  
(1.1%) 
10   (11.1%) 
(6.7%) 
6  
(3.3%) 
3  
(0.0%) 
0  
(5.6%) 
5  

(1.1%) 
(1.1%) 

1  
1  
10   (11.1%) 
8  
0  
2  
0  
4  

(8.9%) 
(0.0%) 
(2.2%) 
(0.0%) 
(4.4%) 

45.6  %  of  the  respondents  (equivalent  to  41  of  90)  were  not  in  favour  to  maintain  the 
exclusion of appliance with a normal temperature exceeding 105°C and highlighted the fact 
that a guidance has been needed in order to clarify how this limit should be applied. It was 
suggested that the limit can be deleted as these appliances were already within the scope of 
the GAD. 

Other respondents noted that it was necessary to clarify the case of some appliances used for 
commercial  purpose  as  coffee  machine  currently  outside  the  scope  of  the  GAD.  Another 
reason given by respondents was to avoid that gas appliances fall under other Directives such 
as the Pressure Equipment Directive (PED) or the Machinery Directive (MD). 

The  respondents  in  favour  to  maintain  the  exclusion  (23.3%)  noted  that  products  with  a 
normal temperature above 105°C were normally used in industrial field and falling within the 
scope of other Directives (PED, MD) which do not conflict with the GAD. It was noted that 
so far no problems with such appliances have been detected and that in domestic and catering 
appliance, the normal water temperature does not exceed 105°C. 

Question C.4: Should the exclusion of “appliances specifically designed for use in industrial 
processes carried out on industrial premises” be maintained? 

Yes 

No 

No opinion 

•  public authorities 
•  big companies  
•  SMEs 
• 
•  notified bodies 
•  standardisation organisations 

industry associations 

(8.9%) 
8  
17   (18.9%) 
6  
(6.7%) 
18   (20.0%) 
(5.6%) 
5 
(3.3%) 
3  

0  
0 
0  
0  
3  
2  

(0.0%) 
(0.0%) 
(0.0%) 
(0.0%) 
(3.3%) 
(2.2%) 

0  
0 
8  
7  
0  
2  

(0.0%) 
(0.0%) 
(8.9%) 
(7.8%) 
(0.0%) 
(2.2%) 

EN 

58 

   EN 

 
 
 
 
 
•  consumer organisations 
•  consumers/citizens 

2  
5  

(2.2%) 
(5.6%) 

0  
0  

(0.0%) 
(0.0%) 

0  
4  

(0.0%) 
(4.4%) 

Most of the respondents 71.1% (equivalent to 64 of 90) were of the opinion that the exclusion 
of  appliances  specifically  designed  for  use  in  industrial  processes  carried  out  on  industrial 
premises should be maintained as industry specific designs appliances were usually covered 
by other Directives like the PED, the ATEX or the MD and the scope of the GAD was more 
to  cover  household  appliances  in  domestic  use.  Some  respondents  noted  that  the  essential 
requirements of the GAD were not suitable for industrial processes carried out on industrial 
premises  as  associated  risks  were  not  limited  to  combustion  but  to  many  other  risks.  Other 
points  raised  by  respondents  were  that  each  appliance  specifically  designed  for  industrial 
premises  was  unique  and  there  was  therefore  no  barrier  to  trade;  and  that  appliances  were 
often  specially  designed  and  constructed  for  their  industrial  purposes  and  in  this  case,  a 
common approach to be implemented would be impossible as the safety aspects can only be 
specified in combination with the complete industrial process. 

More generally, some respondents asked for  further clarification of this exclusion and other 
for additional components. 

5.6% of the respondents were not in favour to maintain this exclusion mainly to ensure that 
industrial  appliances  meet  the  essential  requirements  of  the  GAD  and  so  to  increase  safety 
within the industry. 

Question  C.5:  Would  the  essential  requirements  of  the  GAD  need  to  be  revised  in  order  to 
deal  with  all  gas  risks  presented  by  ‘appliances’  and  ‘fittings’  currently  covered  by  it  and, 
where relevant, by the products suggested to be taken within the scope (under point C.1.1.)? 

Yes 

No 

No opinion 

industry associations 

•  public authorities 
•  big companies  
•  SMEs 
• 
•  notified bodies 
•  standardisation organisations 
•  consumer organisations 
•  consumers/citizens 

2  
0  
3  
1  
1 
2  
2  
0  

(2.2%) 
(0.0%) 
(3.3%) 
(1.1%) 
(1.1%) 
(2.2%) 
(2.2%) 
(0.0%) 

5  
(5.6%) 
17  (18.9%) 
4  
(4.4%) 
20   (22.2%) 
(5.6%) 
5  
(2.2%) 
2  
(0.0%) 
0  
(5.6%) 
5  

1  
0 
7  
4  
2  
3  
0  
4  

(1.1%) 
(0.0%) 
(7.8%) 
(4.4%) 
(2.2%) 
(3.3%) 
(0.0%) 
(4.4%) 

The  majority  of  the  respondents  64.4%  (equivalent  to  58  of  90)  considered  that  the  current 
essential requirements of the GAD already cover all safety risks and the request for technical 
instructions in requirement 1.2.1. was sufficient. 

The  respondents  (12.2%)  who  were  in  favour  of  a  revision,  suggested  to  extend  the  use  of 
FSD  referred  to  in  Essential  Requirement  3.2.3.  to  all  gas  appliances  and  to  remove  the 
reference to the adequate space ventilation conditions. Another concern raised by respondents 
was that fuel cells and biogas were currently not adequately covered. A respondent noted that 
it  was  questionable  whether  the  GAD  system  certifies  ducts  in  conformity  with  all  relevant 
regulations. 

Question  C.6:  Are  there  any  other  issues  regarding  the  GAD  which  would  need  to  be 
addressed in the framework of the revision of the gas appliances directive? 

•  public authorities 

4  

(4.4%) 

4  

(4.4%) 

0  

(0.0%) 

Yes 

No 

No opinion 

EN 

59 

   EN 

 
 
 
 
 
 
industry associations 

•  big companies  
•  SMEs 
• 
•  notified bodies 
•  standardisation organisations 
•  consumer organisations 
•  consumers/citizens 

17   (18.9%) 
(6.7%) 
6  
15   (16.7%) 
4 
(4.4%) 
0   0.0%) 
(2.2%) 
2  
(6.7%) 
6  

0 
2  
9  
3  
2  
0  
0  

(0.0%) 
(2.2%) 
(10.0%) 
(3.3%) 
(2.2%) 
(0.0%) 
(0.0%) 

0 
6  
1  
1  
5  
0  
3  

(0.0%) 
(6.7%) 
(1.1%) 
(1.1%) 
(5.6%) 
(0.0%) 
(3.3%) 

60.0%  of  the  respondents  (equivalent  to  54  of  90)  raised  other  issues  regarding  the  GAD 
which would need to be addressed in the framework of the revision of the Directive however 
it  should  be  noted  that  many  of  the  issues  brought  forward  under  this  point  were  already 
raised in previous questions. 

The points noted by the respondents were the following: 

•  To introduce design and manufacturing principles as in the essential requirements of 
the Machinery Directive would make it possible to establish a standard that complies 
with all the requirements; 

•  To  take  fittings  and  components  for  gas  installations  and  ducts  for  supply  of 
combustion air and evacuation of combustion products within the scope of the GAD, 

•  To have a validity of the EC type-examination certificates of at least 10 years; 
•  To  introduce  compulsory  fitting  of  flame  supervision  device  (FSD)  as  the  installer 

should not be responsible for the adequate space ventilation conditions; 

•  To ensure that only appliances with already assembled gas-carrying circuit are placed 

on the market by conducting soundness tests; 
•  To change the term 'fittings' to 'components';  
•  To introduce the CE marking for components; 
•  To  take  gas  meters  within  the  scope  of  the  Directive  as  the  Directive  on  Measuring 

Instruments (MID) does not deal with gas risks; 

•  To  allow  appliances  not  subject  to  conformity  assessment  to  be  shown  on  at  trade 
fairs, exhibitions, etc. with a visible sign pointing out that it is not in conformity and 
not for sale; 
In the view of mandates M/400 and M/475 (increasing share of cross border gas, LNG 
and biogas) a definition for a 'normal variation of the gas quality and supply pressure' 
should be introduced; 

• 

•  Member  States  should  be  obliged  to  make  public  detailed  information  on  the  gas 

supply conditions including the specifications to the different regions; 

•  The certification of the system appliance/flue duct, when both are tested and delivered 
together, has proven efficient and reliable, therefore this procedure should be clearly 
mentioned in the relevant clause; and 

•  As  it  is  impossible  from  the  technical  point  of  view  to  equip  appliances  like  blow 
torches  with  fitted  gas  cartridges  or  current  camping  stoves  with  automatic  shut-off 
device  operating  at  the  pressure  of  a  LP  cartridge  (up  to  12  bar),  consequently  care 
should be taken if modifying the Essential Requirement 3.2.3. 

D. Any other matters to be considered 

Some respondents asked for clarifying the interaction with other Directives as the LVD or the 
EMC Directive and according to which Directive the conformity assessment should be carried 
out. Another point raised was the introduction of a 1000 ppm CO ceiling for flue gas and an 
upper limit of 5.0 litres/hour at initial commissioning for gas leakage rate. 

EN 

60 

   EN 

 
 
ANNEX II:  CERTIFICATION PROCEDURES FOR THE GAS APPLIANCES DIRECTIVE  

Means of certification of conformity for appliances and fittings 

In the framework of the GAD, the means of certification of conformity of series manufactured 
appliances  is  the  EC  type-examination  (Module  B)  and  prior  to  their  being  placed  on  the 
market, at the choice of the manufacturer: 

− 
− 

the EC declaration of conformity to type (Module C), or 
the EC declaration of conformity to type (guarantee of production quality) (Module 
D), or 
the EC declaration of conformity to type (guarantee of product quality) (Module E), or 

− 
−  EC verification (Module F). 

In  the  case  of  production  of  an  appliance  as  a  single  unit  or  in  small  quantities,  EC 
verification by single unit (Module G) may be chosen by the manufacturer. 

Figure A.II.1:  Flow  chart  for  the  conformity  assessment  procedures  provided  for  in  Directive 

2009/142/EC on appliances burning gaseous fuels (GAD) 

EN 

61 

   EN 

 
 
 
 
 
 
ANNEX III:  OTHER DIRECTIVES RELEVANT FOR THE GAD 

Other Directives relevant for the Gas Appliances Directive 

Ecodesign Directive 2009/125/EC64 

The  Ecodesign  Directive  2009/125/EC  and  its  implementing  measures  apply  to  certain  gas 
appliances. 

The  Directive  provides  with  consistent  EU-wide  rules  for  improving  the  environmental 
performance  of  energy  related  products  through  ecodesign.  In  order  the  Directive  to  be 
applicable, it requires adopting so-called implementing measures. Products that comply with 
the ecodesign requirements laid down in implementing measures to the Ecodesign Directive 
should  bear  the  "CE"  marking  and  associated  information,  in  order  to  enable  them  to  be 
placed on the internal market and move freely. 

Currently the following implementing measures are relevant for gas appliances: 

−  Directive  92/42/EEC  on  efficiency  requirements  for  new  hot-water  boilers  fired  with 

liquid or gaseous fuels indicating the minimum efficiency levels for boilers65; and 

−  Commission  Regulation  No  932/2012  with  regard  to  ecodesign  requirements  for 

household tumble driers66. 

In this context it must be noted that the GAD covers the energy efficiency of appliances by its 
Essential Requirement 3.5. on rational use of energy67.  

Energy Performance of Buildings Directive 2002/91/EC (EPBD)68 

64   Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a 
framework for the setting of ecodesign requirements for energy-related products. This Directive has been 
amended by Directive 2012/27/EU of 25 October 2012 of the European Parliament and of the Council of 
25 October 2012 on energy efficiency 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:285:0010:0035:EN:PDF  

65   Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired 

with liquid or gaseous fuels 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:1992:167:0017:0028:EN:PDF  

67  

66   Commission regulation (EU) No 932/2012 of 3 October 2012 implementing Directive 2009/125/EC of the 
European Parliament and of the Council with regard to ecodesign requirements for household tumble driers 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:278:0001:0010:EN:PDF  
In the GAD the notions of "energy conservation" (in its recital No 7) and "rational use of energy" refer to 
the  “energy  efficiency”  of  appliances,  since  “energy  conservation”  is  specified  in  Essential  Requirement 
3.5.  as  “rational  use  of  energy”.  The  GAD  terminology  on  "energy  conservation"  and  "rational  use  of 
energy" reflects the terminology used at the time of its elaboration and it goes from the more general to the 
more specific term. The development of the EU policy relating to energy, started in the beginning of 1970s, 
and in many cases the terms "rational use of energy", "energy efficiency" and "energy conservation" were 
used in parallel. In the specific context of gas appliances, the term of "rational use of energy" concerns the 
increased efficiency of appliances, in line with the state of the art. 

68   Directive  2010/31/EU  of  the  European  Parliament  and  of  the  Council  of  19  May  2010  on  the  energy 

performance of buildings  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:153:0013:0035:EN:PDF  

EN 

62 

   EN 

 
 
 
                                                 
 
The  Directive  is  the  main  legislative  instrument  to  reduce  the  energy  consumption  of 
buildings.  Under  this  Directive,  Member  States  must  establish  and  apply  minimum  energy 
performance requirements for new and existing buildings, ensure the certification of building 
energy performance and require the regular inspection of boilers and air conditioning systems 
in buildings. 

Article  1(2)(c)(iii)  of  the  EPBD  permits  laying  down  requirements  for  technical  building 
systems  whenever  they  are  installed,  replaced  or  upgraded  implying  that  in  particular  gas 
fuelled appliances used in heating and cooling applications in buildings are affected. 

Construction  Products  Directive  1989/106/EEC  (CPD)69  and  the  Construction  Products 
Regulation 305/2011/EU (CPR)70 

The Directive seeks to remove the technical barriers to trade in construction products across 
Europe by harmonising the method of conformity assessment, the methods of test and product 
performance values to ensure a product is fit for the intended use. It will be replaced by the 
CPR on the 1 July 2013. 

It  is  applicable  to  any  product  or  kit  marketed  for  incorporation  in  a  permanent  manner  in 
construction works,  provided it  has  an effect  on the  performance of the construction  works. 
Consequently, Gas appliances which are sold as units including both a heating body and an 
incorporated  combustion  products  evacuation  duct  (called  kits  under  the  CPD)  might  be 
affected by the CPD since determining the performance characteristics of the flue part might 
be subject to the CPD. 

Low Voltage Directive 2006/95/EC (LVD)71  

The objective of the LVD is to ensure that only electrical equipment which does not endanger 
people, domestic animals or property is placed on the market. Where relevant, the conformity 
assessment results of the LVD shall be taken into consideration when undertaking conformity 
assessment  procedures  for  GAD.  This  has  a  particular  importance  in  relation  to  the  safety 
objectives of the GAD, assuring the safety of the way electrical components are incorporated 
into  gas  appliances  and  ensuring  their  proper  functioning,  which  shall  be  subject  to  direct 
examination by notified bodies. 

Electromagnetic Compatibility Directive 2004/108/EC (EMC)72 

The EMC Directive seeks to ensure that the equipment is electromagnetically compatible and 
protected  from  electromagnetic  disturbance.  It  requires  that  appliances  will  not  affect  the 

69   Council  Directive  89/106/EEC  of  21  December  1988  on  the  approximation  of  laws,  regulations  and 

administrative provisions of the Member States relating to construction products 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:1989:040:0012:0026:EN:PDF  

70   Regulation (EU) No 305/2011 of 9 March 2011 laying down harmonised conditions for the marketing of 

construction products and repealing Council Directive 89/106/EEC 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:088:0005:0043:EN:PDF  

71   Directive 2006/95/EC of 12 December 2006 on the harmonisation of the laws of Member States relating to 

Electrical Equipment designed for use within certain voltage limits 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:374:0010:0019:EN:PDF  

72   Directive  2004/108/EC  of  15  December  2004  on  the  approximation  of  the  laws  of  the  Member  States 

relating to electromagnetic compatibility  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:390:0024:0037:EN:PDF  

EN 

63 

   EN 

 
                                                 
 
 
functioning of other apparatus or radio and telecommunications, and that the appliance has an 
adequate and reasonable level of immunity to electromagnetic disturbance  

For  example,  electric  equipment  containing  gas  fired  subassemblies  or  gas  boiler  controls 
might be under the scope of both the GAD and of this Directive. 

Pressure Equipment Directive 97/23/EC (PED)73 

The  PED  deals  with  hazards  due  to  pressure.  It  was  introduced  to  harmonise  regulations 
across  Europe  regarding  the  design,  manufacture  and  conformity  assessment  of  pressure 
equipment  and  pressure  assemblies.  It  is  designed  to  enhance  safety  and  promote  free  trade 
throughout the single market area.   

Some gas powered appliances fall under both the GAD and the PED. However, low pressure 
hazard  products  already  regulated  by  the  GAD  are  exempt  from  the  scope  of  the  PED  (5th 
indent  of  Article  1.3.6.),  while  some  products  used  in  industrial  processes  which  are  not 
regulated under the GAD are regulated by the PED. 

General Product Safety Directive 2001/95/EC (GPSD)74 

The  GPSD  is  intended  to  ensure  a  high  level  of  product  safety  throughout  the  EU  for 
consumer  products.  The  Directive  also  complements  the  provisions  of  sector  legislation  for 
instance in relation to producers’ obligations and the authorities’ powers and tasks. 

The majority of gas appliances are consumer products implying that they are also covered by 
the GPSD. 

Renewable Energy Directive 2009/28/EC (RED)75 

The RED establishes a common framework for the use of energy from renewable sources in 
order to limit greenhouse gas emissions and to promote cleaner transport. 

To this end, Member States are to establish national action plans which set the share of energy 
from renewable sources consumed, amongst others, in heating, for 2020. These action plans 
must  take  into  account  the  effects  of  other  energy  efficiency  measures  on  final  energy 
consumption (the higher the reduction in energy consumption, the less energy from renewable 
sources will be required to meet the target). These plans will also establish procedures for the 
reform of planning and pricing schemes and access to electricity networks, promoting energy 
from  renewable  sources.  Each  Member  State  has  also  a  target  calculated  according  to  the 
share of energy from renewable sources in its gross final consumption for 2020. This target is 
in line with the overall '20-20-20' goal for the EU. 

73   Directive  97/23/EC  of  29  May  1997  on  the  approximation  of  the  laws  of  the  Member  States  concerning 

pressure equipment  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:1997:181:0001:0055:EN:PDF  

74   Directive  2001/95/EC  of  the  European  Parliament  and  of  the  Council  of  3  December  2001  on  general 

product safety. OJ L11, 15.1.2002  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2002:011:0004:0017:EN:PDF  

75   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  and  amending  and  subsequently  repealing  Directives  2001/77/EC  and 
2003/30/EC, OJ L140, 5.6.2009 
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=Oj:L:2009:140:0016:0062:en:PDF  

EN 

64 

   EN 

 
                                                 
 
 
Gas appliances are indirectly affected by the measures taken by the Member States under the 
RED since the increasing use of gas from renewable sources (biogas) will have impact on the 
impacts.
quality  of  gaseous  fuels  supplied 

thus  safety  and  performance  related 

EN 

65 

   EN 

 
ANNEX IV:  GOVERNANCE STRUCTURE OF THE GAD 

Governance structure of the GAD - sector's actors and stakeholders  

Various  actors  and  organisations  are  involved  in  the  management  of  the  GAD.  The  co-
ordination of implementation of the GAD is carried out through the Member States Working 
Group  Gas  Appliances  (WG-GA),  organised  by  the  Commission  services.  It  discusses 
implementation and interpretation issues of the GAD. It is composed of representatives of the 
Member  States,  the  European  federations,  the  notified  bodies  and  CEN  and  is  chaired  by  a 
representative of the Commission services.  

In 2009-2010 a specific ad hoc Working Group GAD Revision (WG GAD Rev) set up by the 
WG-GA met several times to discuss issues to be examined in the revision process.  

The  majority  of  the members of both the  WG-GA  and  the  WG  GAD  Rev  have  been  of  the 
opinion that the scope of the GAD should be extended to cover all gas using products. This 
position has been justified by the fact the current GAD covers mainly consumer products and 
products  to  be  used  on  commercial  premises  and  in  non-domestic  environment,  but  the 
definition of the scope excludes certain products that may yet present gas risks. It is therefore 
stated that these products should be regulated by one single harmonising European Directive. 

However,  none  of  the  groups  could  provide  concrete  evidence  supporting  their  position.  In 
order  to  examine  with  care  whether  any  barriers to trade or unresolved gas safety problems 
with  products  outside  the  current  scope  of  the  GAD  could  be  identified,  both  the  Public 
Consultation (2011-2012) and the IA Study (2012) focused, among other things, to collection 
of information about potential problems requiring EU level intervention. The outcome of the 
undertaken examination work is presented in this IA Report. 

The co-operation of the competent market surveillance authorities is coordinated by the GAD 
Administrative  Co-operation  group  (GAD  ADCO).  This  group  has  met  twice:  for  the  first 
time in May 2012 and next in mid-April 2013. The revision of the GAD has not been subject 
to discussion at the GAD ADCO meetings.  

The Gas Appliances Directive Advisory Committee (GAD-AC) is composed of the Notified 
Bodies  designated  under  the  GAD,  but  its  meetings  are  attended  also  by  representatives  of 
few  European  Federations  and  Member  State.  GAD-AC  discusses  matters  regarding  the 
conformity  assessment  tasks  and  prepares  proposals  for  technical  interpretation  documents 
necessary  to  ensure  coherent  application  of  the  GAD  by  the  Notified  Bodies.  These 
interpretation  documents  called  GAD  Guidance  Sheets  are  submitted  to  the  WG-GA  for 
endorsement.  The  Notified  Bodies  Gas  Appliances  (NB-GA)  group  is  a  sub-group  of  the 
GAD-AC.  

Standardisation work is being coordinated by the CEN Sector Forum Gas Utilization which is 
the CEN platform for gas appliances. The CEN and its Technical Committees are assisted by 
the CEN Consultant Gas Appliances. 

Figure  A.IV.1  shows  the  organisational  scheme  of  the  main  actors  involved  in  the 
management of the GAD. 

EN 

66 

   EN 

 
 
 
 
Figure A.IV.1: Organisational scheme for the Gas Appliances Directive 2009/142/EC 

EN 

67 

   EN 

 
 
 
ANNEX V: EX-POST EVALUATION OF DIRECTIVE 2009/142/EC ON APPLIANCES BURNING 
GASEOUS FUELS (GAD) 

Ex-post evaluation of the Gas Appliances Directive 

Methodology 

Market  data  was  collected  from  a  number  of  sources,  including  studies76  undertaken  for  the 
European  Commission  within  the  framework  of  the  Ecodesign  Directive  2009/125/EC  and 
from  Eurostat’s  Prodcom77  and  Structural  Business  Statistics  databases78,  as  well  as  the 
Competitiveness  Study  of  the  EU  Gas  Appliances  Sector18.  Data  from  Eurostat  was 
prioritized.  Data  gaps  were  identified  with  respect  to  some  product  categories  of  gas 
appliances. This is because Eurostat data are often not available to the level of detail required 
enabling distinguishing between gas-fired appliances and products using other energy. 

For instance, the gaps in the data included the following: 

−  Data  gaps  with  respect  to  gas  refrigerators, lighting  and  fittings  and  with  respect  to  the 

use of gas appliances in the commercial sector (as opposed to home use); 

−  For most appliances, it was not possible to disaggregate between data relating to mobile 

and fixed appliances; and 

−  Some Prodcom79 data were not available to the level of detail required by the study and 
as a consequence some of the data might have been overestimates which include non-gas 
appliances.  

In order to address this, a survey of Member State officials, notified bodies, companies and 18 
major industry associations was undertaken to obtain quantitative and qualitative information 

76   Several  preparatory  studies  for  the  Ecodesign  Directive  had  been  undertaken  at  the  time  the  ex-post 

evaluation was carried out, e.g.: 
BIO  IS  (2011a):  Preparatory  Studies  for  Ecodesign  Requirements  of  EuPs  (III)  –  Lot  22  Domestic  and 
Commercial Ovens (Electric, Gas, Microwave), including when Incorporated in Cookers; 
BIO  IS  (2011c):  Preparatory  Studies  for  Ecodesign  Requirements  of  EuPs  (III)  –  Lot  23  Domestic  and 
Commercial Hobs and Grills included when Incorporated into Cookers; 
BIO  IS  (2011d):  Preparatory  Studies  for  Ecodesign  Requirements  of  EuPs  (III)  –  Lot  23  Domestic  and 
Commercial Hobs and Grills included when Incorporated into Cookers; 
Eco-design of Boilers and Combi-boilers; and Eco-design of Water Heaters 
The  preparatory  studies  for  Eco-design  and  Energy  Labelling  legislation  can  be  found  through: 
http://ec.europa.eu/energy/efficiency/ecodesign/eco_design_en.htm 
77   http://epp.eurostat.ec.europa.eu/portal/page/portal/prodcom/introduction  
78   http://epp.eurostat.ec.europa.eu/portal/page/portal/european_business/introduction  
79  

In the framework of the Competitiveness Study (2009) a careful analysis of the usefulness of the Prodcom 
database was undertaken. It was concluded that it allows for analysis of the developments in production of 
gas appliances in the EU-27 beginning from 1995. However, the Prodcom data has limitations: many data 
points within the dataset are either unknown or estimated or confidential (thus not available). Initial time 
series analysis of the data showed that the results of such an analysis were not sensible or useful. In order to 
be able to present data on the developments in the sector, the Prodcom dataset was intra- and extrapolated, 
based on the available data. 

EN 

68 

   EN 

 
 
 
 
                                                 
regarding  the  implementation  and  functioning  of  the  GAD.  In  addition,  in  the  course  of 
consulting  with  respondents,  information  was  routinely  requested  on  the  stock  of  gas 
appliances and on the market. In total 83 responses were received as shown in Table A.V.1.  

Table A.V.1:  Responses Received to Questionnaire 

Respondent 

Responses 

Government 
Ministries 

Industry 
Associations 
and Companies 

Notified Bodies 
and Standards 

17 

49 

17 

Further breakdown 
16 from EU Member States representing 13 different MS 
1 from a non-EU Member State  
35 Manufacturers 
8 Industry Associations 
3 Importers 
3 Supplier/Distributors 
Most respondents were from Germany, Italy and the UK but responses 
were also received from Belgium, France, Netherlands, Portugal and  
Romania 
14 Notified Bodies 
3 Standards Bodies 
Respondents from eight different countries (Czech Republic, France, Italy, 
Netherlands, Poland, Spain, Turkey and UK) 

Source: Ex-post Evaluation Study (2011) 

Case  studies  including  interviews  were  undertaken  in  10  EU  Member  States  (Belgium, 
Denmark,  France,  Germany,  Italy,  Netherlands,  United  Kingdom,  Poland,  Slovakia,  and 
Slovenia)  and  one  candidate  country  (Turkey).  Supplementary  discussions  were  conducted 
with respondents in Germany, Slovakia, Slovenia, Denmark and Turkey.   

Conclusions 

The overall conclusion was that the GAD has been implemented successfully in all Member 
States  and  it  has  been  functioning  successfully.  However,  some  areas  of  possible 
improvements were often mentioned by a number of consulted stakeholders, like: 

−  A  number  of  barriers  to  trade  remain,  mostly  due  to  different  national  gas  installation 
regulations,  qualification  requirements  for  gas  installers  and  building  codes.  However, 
these  are  outside  the  scope  of  the  GAD  which  is  a  piece  of  product  harmonisation 
legislation; 

−  The  carbon  monoxide  (CO)  poisoning  is  now  the  leading  cause  of  fatalities  associated 
with the use of gas. This appears to be largely be related to matters outside the scope of 
the GAD, such as ventilation requirements for buildings and increased insulation;   

−  The area of varying quality and types of gases could benefit from clarification. The issue 
of  varying  gas  quality  remains  a  potentially  significant  trade  barrier,  meaning  the  same 
appliances  cannot  be  sold  in  countries  with  different  gas  quality  at  all  or  without 
the  national 
adjustments.  Therefore  harmonising 
communications on the types of gas and supply pressures could help in the aggregation of 
data and would also provide an overview for manufacturers; 

format  and  content  of 

the 

−  The lack of market surveillance activities in certain countries might increase the market 
presence and therefore the risks associated with the use of faulty or inefficiently operating 
products; 

−  The variability in the competence of different Notified Bodies;  

EN 

69 

   EN 

 
−  The  compliance  costs  are  most  significant  for  SMEs  and  those  with  lower  production 

volumes over which to spread the costs; and 

−  Regular maintenance is also seen as an important area for improvement of safety; while 
new  installations  come  with  increased  safety  measures,  existing  installations  can  carry 
product  related  errors  and  some  faults  can  be  a  direct  consequence  of  the  lack  of 
maintenance. 

It was also concluded that further consideration should be given to expanding the scope of the 
GAD provided that a thorough impact assessment is undertaken prior to concluding whether 
additional products to be included. 

Summary of the findings of the evaluation of the GAD is presented in Table A.V.2. 

Table A.V.2:  Summary of the ex-post evaluation of the GAD 

Criterion 

Sub-criterion 

Impact by product 
category 

Impact on trade 

Impact on consumer 
protection, health and 
safety 

Effectiveness 
and Efficiency 

Possible 
inconsistencies 
related to scope 

Impacts on 
respondents 

Evaluation 
Limited  evidence  that  the  impacts  of  the  GAD  have  varied  by 
product  category,  except  where  categories  were  previously 
unregulated (e.g. catering equipment).   
The  GAD  market  has  grown  significantly  since  the  GAD  was 
introduced. No evidence of significant price differences between 
Member States, however data availability on prices is limited 
Major positive impact on the internal market, improving operation 
and increasing cross-border trade. 
Some  barriers  remain,  due  to  national  legislation  in  peripheral 
areas such as installation and building regulations but these areas 
are outside the scope of the GAD. 
Numbers  of  accidents  and  incidents  appear  to  be  reducing  over 
time, although available statistics are limited. 
GAD  has  made  a  positive  contribution,  although  the  extent 
depends upon the nature of the legislation previously in place. 
Some  problem  areas  remain,  particularly  in  relation  to  CO 
poisoning and installation.  There are concerns over the degree of 
market  surveillance  in  some  countries.    Both  these  matters  are 
outside the scope of the GAD, since it covers the placing on the 
market  and  putting  into  service  of  products  and  not  the 
installation  works,  qualification  of  gas  installers  or  maintenance 
of  products  in  service  (all  these  aspects  fall  within  national 
competence). 
Exclusions  from  the  GAD  scope  do  not  appear  to  have  led  to 
safety or other problems, but some concerns remain, particularly 
related to fittings.   
The most innovative product categories, such as fuel cells and co-
generation systems, are excluded from the GAD scope. They may 
thus not benefit from the single market. 
Some  problems  have  been  identified  in  relation  to  boundaries 
with  other  legislation  like  the  more  specific  harmonisation 
legislation on energy efficiency and the simultaneous application 
of multiple legislation (e.g. the Construction Products Directive). 
Industry  appears  to  have  a  good  awareness  of  the  GAD  but 
consumer  awareness  appears  to  be  more  limited.  For  instance, 
consumers  do  not  always  be  aware  of.  the  importance  to  ensure 
the  compatibility  of  an  appliance  with  the  local  gas  supply 
conditions  or 
instructions 
accompanying the product. 
There  is  good  alignment  between  the  GAD  objectives  and  those 
of  businesses  and  consumers,  and  specific  problem  areas  have 

the  maintenance 

ignore 

they 

EN 

70 

   EN 

 
Criterion 

Sub-criterion 

Impacts 

Impact on Innovation 

Impact on costs and 
benefits for 
companies 

Barriers to effective 
application 

Application 
and 
implementation 

Inconsistencies and 
problems in 
functioning 
Need for 
improvement 

Scope for 
improvement 

Utility 

Source: Ex-post Evaluation Study (2011)  

Evaluation 
been effectively targeted.   
The GAD appears to have had a positive influence, particularly in 
the  early  stages  of  its  implementation.  However,  the  rate  of 
innovations seems to be slowing and products are becoming more 
uniform  in  some  sectors.  SMEs  are  thought  to  provide  an 
important innovation route, and therefore the impact of the GAD 
on SMEs is significant80.    
There  is  no  evidence  that  the  GAD  definitions  have  affected 
innovation,  but    the  product  categories  showing  the  greatest 
current innovation are outside the GAD scope 
The  main  compliance  costs  relate  to  testing  and  certification; 
these vary between countries and product categories but probably 
account for less than 0.1% of the sales value of the market. The 
costs  are  most  significant  for  SMEs  and  those  with  lower 
production volumes over which to spread the costs.   
The economic benefits are greatest for those marketing in several 
EU states, as they avoid the costs of separate certification in each 
country. There are also safety benefits. 
All Member States have implemented the Directive but there is a 
lack of harmonisation in areas currently outside the scope of the 
GAD.  Barriers  remain  through  different  national  rules  for 
installation and differences in gas supply conditions. These place 
limitations on the trade benefits of the GAD. There is also some 
inconsistency with certain other Directives. 
There  is  some  evidence  of  variations  in  approaches  adopted  by 
different  Notified  Bodies,  but  this  is  mainly  anecdotal  and 
inconclusive.    
No  evidence  that  the  GAD  has  led  to  problems  with  national 
legislation,  but  a  minority  of  stakeholders  believe  that  national 
variations in implementation have led to problems. 
Despite the general high level of satisfaction with the GAD, some 
issues to be further examined were identified. 
Potential  areas  for  improvement  identified  by  stakeholders 
included  expansion  of  the  GAD  scope  to  other  products  and 
activities, 
sharing,  clarification  of 
requirements  for  products  falling  under  other  Directives  and 
improvements to the safeguard procedure. 

information 

improved 

The GAD has been transposed by the Member States in different ways. No failures with the 
national transposition measures81 or their implementation was identified. Products covered by 
the GAD benefit from the free placing on the market and putting into service which ensures 
an even playing field for the sector’s economic and other operators. 

80   The Competitiveness Study (2009) indicated that SMEs provide the main source of innovation, with a small 
sub-set of companies focusing on developing prototypes and products for field tests. However, SMEs often 
that lack their own laboratory and testing facilities may pay an increased fee as a result of their products 
being sent back by the notified body and having to be re-submitted. This implies that, due to their lower 
numbers of units per product, the costs of the GAD are relatively higher for SMEs. Consequently, SMEs 
are more sensitive to any changes of the legal framework established with the GAD. 

81   List of national transposition measures is provided in Table 2.1 (p 20-21) of the Ex-Post Evaluation Study. 

EN 

71 

   EN 

 
                                                 
The stakeholders’ concerns about differences in national legislations related to aspects which 
fall within the competence of the Member States like the gas installation regulations (which 
however  shall  not  have  impact  on  the  design  of  CE  marked  products),  qualification 
requirements  for  gas  installers,  building  codes  (which  may  e.g.  contain  ventilation 
requirements  for  rooms  and  spaces  where  gas  or  other  appliances  are  installed)  and  other 
regulations which are not subject to EU harmonisation legislation. 

Regarding any potential problems in terms of complex regulatory environment, it is a fact that 
appliances and fittings may fall simultaneously within the scope of several EU Directives82. 
This  is  fully  in  line  with  the  principles  of  the  New  Approach  as  long  as  there  is  no 
overlapping between the applicable Directives but they all deal with different aspects subject 
to  harmonisation.  Any  legislative  overlaps  between  different  Directives  would  need  be 
addressed as part of a revision.  

It  appeared  that  the  awareness  of  the  manufacturers  and  other  stakeholders  about  the 
functioning  of,  on  one  hand,  the  EU  harmonisation  legislation  and,  on  the  other  hand,  the 
national  legislation  is  not  always  sufficient  to  fully  understand  how  these  legal  frameworks 
are intended to work. 

The  study  provided  estimates  on  the  compliance  costs  showing  that  the  costs  of  product 
testing  and  certification  vary  between  €  900  and  €  36,000.  In  carrying  out  the  study,  a 
relatively  high  average  cost  per  test  of  €4,500  was  used  to  estimat e  the  total  annual  cost  of 
testing  and  certification  of  gas  appliances.  On  this  basis,  it  was  assumed  that  a  total  testing 
and certification costs of €25 million may account fo r about 0.1% of the annual sales value at 
€23 billion of gas appliances  

No relevant statistics on accidents related to gas appliances are held at EU level, but certain 
number  of  RAPEX  notifications  have  been  made  concerning  gas-fired  products  that  pose  a 
serious risk to the safety of consumers. 

The added value of the GAD across the EU Member States has not been experienced equally 
because of the differences in the national regulatory framework in place prior to the entering 
into force of the GAD. For instance, six out of the eight Member States analysed in the Ex-
post Evaluation were of the opinion that that GAD had limited effect on, or even reduced their 
national safety standards. This result is clear as the GAD had the greatest impact in countries 
where  the  previous  legislation  had  more  limited  requirements  or  had  not  been  enforced. 
Correspondingly,  there  was  less  of  an  impact  where  the  pre-GAD  legislation  on  health  and 
safety legislation had similar requirements to the GAD. In some countries previous standards 
included obligations on manufacturers that were not included in the GAD. Even in the latter 
countries no increase of accidents had been experienced since the introduction of the GAD, 

82   For  instance,  it  is  possible  that  the  Construction  Products  Directive  (CPD)  applies  to  the  combustion 
products evacuation duct which is incorporated into a gas appliance (the entire product unit covered by the 
CE  marking for the GAD). The assessment whether or not the combustion products evacuation duct part 
must comply with the provisions of the CPD must be carried out on a case by case basis against the CPD, 
i.e.  it  is  not  a  GAD  related  matter.  However,  manufacturers  of  gas  appliances  experience  the  potential 
application of the CPD as an extra burden although the two Directives deal with different aspects; the GAD 
deals with gas safety of the products concerned while the CPD harmonises the test methods for determining 
the performance of constructions products. 

EN 

72 

   EN 

 
                                                 
but  there  was  some  concern  that  risks  could  have  been  increased.  However,  it  could  not  be 
demonstrated that the introduction of the GAD would have had negative impacts.  

For instance, the Netherlands (Poland and the Netherlands were the two countries classified 
into the category “reduced safety standards”) reported “a dramatic improvement in the safety 
of  LPG  (Liquefied  Petroleum  Gas)  appliances”.  It  was  also  highlighted  that  “the  nature  of 
non-compliance has changed: whereas previously there were technical problems with certain 
appliances such as cookers, at present technical deficiencies have disappeared and instead it 
is shortcomings related to poor translations of instructions, or insufficient warnings that are 
prominent”.  Consequently,  the  concerns  appeared  to  relate  to  aspects  that  are  already  dealt 
with  by  the  GAD  (e.g.  instructions,  warnings)  thus  market  surveillance  authorities  having 
means to intervene in  case of identified  failures  to  comply  with  the  GAD.  Furthermore,  the 
previous  national  standards  may  have  included  in  one  single  document  such  obligations  on 
manufacturers,  gas  installers  and  other  concerned  parties  falling  under  national  competence 
(like  the  qualification  requirements  for  installers,  gas  installation  regulations,  building 
regulations, etc.).  

Regarding  CO  poisonings,  the  leading  cause  of  fatalities  associated  with  gas  appliances,  it 
was concluded that CO poisonings are largely related to matters which are outside the scope 
of  the  GAD83,  such  as  installation  failures,  ignorance  of  gas  installation  and  building 
regulations (e.g. inadequate space ventilation for the installation as such or users closing the 
ventilation  openings)  or  lack  of  maintenance.  Also  the  more  and  more  stringent  energy 
efficiency  requirements  for  buildings  may  have  affected  the  reduction  of  ventilation  thus 
increasing  the  risk  that  gas  appliances  are  used  in  spaces  without  sufficient  ventilation.  All 
these aspects fall within the competence of the Member States 

Two  categories  of  adverse  effects  on  SME  were  identified.  The  first  is  the  impact  of  the 
adoption of the GAD in 1990 when it became the mandatory framework for the placing on the 
market  of  gas  appliances  and  fittings.  The  other  one  would  be  the  impact  of  any  future 
modification  of  the  scope  of  the  GAD.  In  assessing  what  product  categories  have  been 
impacted the most by the GAD over time, in terms of trade and employment, and how have 
the profitability of manufacturers and the average sales price of appliances change under the 
GAD,  the  analysis  indicated  that,  on  one  hand,  the  costs  of  the  GAD  do  not  appear  to  be 
significant  for  the  sector  as  a  whole,  but  on  the  other  hand,  the  costs  caused  by  the  change 

83   The GAD deals with risks due to CO. It requires that appliances must be so designed and built as to operate 
safely  and  present  no  danger  to  persons,  domestic  animals  or  property  when  normally  used  ("normally 
used"  means, amongst  others,  that  appliances  are  correctly  installed  and regularly  serviced  in  accordance 
with the manufacturer’s instructions as well as used in accordance with their intended purpose or in a way 
which  can  be  reasonably  foreseen).  A  set  of  specific  Essential  Requirements  (Annex  I  to  the  GAD)  lay 
down  objectives  to  be  achieved  in  order  to  avoid  risks  due  to  combustion  products  (CO  is  a  poisonous 
gaseous  combustion  product  which  is  produced,  if  the  sufficient  supply  of  fresh  air  for  the  combustion 
process is not ensured). 

The  harmonized  European  standards  the  reference  numbers  of  which  have  been  published  in  the  OJEU 
under the GAD provide the presumption of conformity to the Essential Requirements of the GAD. These 
standards may contain more specific limit values for emissions of combustion products and are expected to 
reflect the state of the art. In case a Member State considers that such limit values provided in a harmonized 
European  standard  do  not  entirely  meet  the  Essential  Requirements,  it  can  launch  a  so-called  formal 
objection  against  such  standard  in  order  to  trigger  a  procedure  containing  a  careful  examination  of  the 
adequacy of  the  limits.  As  this  is  not  the  case  with  any of  the harmonized  European  standards  under  the 
GAD, the Member States appear to be satisfied with the emission limits defined in the standards. 

EN 

73 

   EN 

 
                                                 
 
 
from the pre-GAD national legal frameworks to the single European GAD framework more 
than  20  years  ago  might  have  been  significant  for  one-off  or  short  run  products.  These 
products  were  assumed  to  more  likely  be  made  by  smaller  companies.  The  Ex-Post 
Evaluation Study noted that this could indicate a  potentially  adverse effect on SMEs due to 
higher per unit costs, if the scope was further changed. 

It  was  found  that  trade  within  the  EU  market  of  gas  appliances  has  increased  significantly 
since the introduction of the GAD. The number of gas appliance related accidents appeared to 
have  declined  and  the  GAD  has  improved  the  safety  of  gas  appliances  since  1990s.  The 
exchange  of  information  through  different  platforms  at  a  European  level  has  supported  the 
improvement of quality of products as well as harmonised standards.  

Although  the  rate  of  innovation  in  the  sector  appears  to  be  slowing,  the  GAD  has  had  a 
positive  influence.  Innovation  has  focused  particularly  on  safety  devices,  such  as  those  for 
flame supervision, and combustion controls as well as improving  energy  efficiency.  Further 
innovations  are  expected  in  response  to  the  widening  variation  in  gas  quality  as  well  as  in 
combustion  technology.  Innovation  might  also  has  been  enhanced  partly  by  consolidation 
amongst gas appliance manufacturers and particularly their absorption into larger groups that 
manufacture both gas-fired and electrical goods implying that the higher innovation rate of the 
electrical sector has spread across to gas appliances. The GAD Essential Requirements have 
also  allowed the appearance  of new technology (electronic controls for example)  that is not 
covered by the harmonised standards. However, more recently appliances fuelled by oil and 
electric appliances have caught up much of the lead of gas appliances and the current pattern 
of technological progress in space heating, hot water and air conditioning appliances is a step-
by-step innovation with marginal improvements. 

Overall, the implementation and functioning of the Directive appears to be efficient and the 
GAD has been effective in meeting its objectives. 

For more detailed information on the appliances and fittings market, see ANNEX VI, and for 
VII.
examination 

statistics, 

ANNEX 

accident 

see 

of 

EN 

74 

   EN 

 
ANNEX VI:  OVERVIEW OF THE APPLIANCES AND FITTINGS MARKET 

Appliances and fittings market 

Overall size of the European appliances and fittings market  

In addition to the description of the gas appliances and fittings sector provided in chapter 3., 
other  useful  background 
the 
Competitiveness Study (2009), the Ex-post Evaluation Study (2011) and the IA Study (2012) 
presented below. 

information  collected  and  analysed 

in  carrying  out 

The Competitiveness Study (2009) provided useful data on the employment in the EU-27 gas 
appliance  manufacturing  sector.  For  2005,  employment  in  the  gas  appliance  manufacturing 
sector was estimated at 476,000 full time equivalents, corresponding to around 1.46% of the 
total manufacturing workforce. 

For  fittings,  no  EU  wide  information  on  stock,  lifespan,  consumption,  or  costs  is  available.  
However,  according  to  the  Competitiveness  Study  (2009),  the  turnover  in  this  sector  was 
around €1.7 billion. 

Growth of the European appliances and fittings market  

The impacts of the GAD began at different times for different Member States; for the ‘older’ 
Member States, impacts began in the early 1990s whilst for ‘newer’ Member States, the GAD 
only  took  effect  on  accession.  The  effects  of  the  GAD  were  greatest  in  the  early  years  of 
application, when manufacturers needed to adapt to the new requirements.  

The  Competitiveness  Study  (2009)  showed  that  the  gas  appliances  and  fittings  sector  grew 
steadily from 1995 onwards. The EU-27 market for heating, ventilation and air conditioning 
(called  HVAC)  comprising  appliances  for  heating,  hot  water  production  and  cooling  grew 
between 1995 and 2001 at an average annual rate of 9.9% at current prices. In particular the 
growth of the HVAC subsector is notable, doubling over a 12 year time span between 1995 
and  2007.  HVAC  grew  at  an  average  annual  rate  of  8.6%,  whereas  domestic  appliances 
comprising refrigerators, freezers as well as cooking, lighting and washing appliances grew at 
an average annual rate of 3.8% in the period between 1995 and 2007. Indexed development of 
the production in EU-27 between 1995 and 2007 is presented in Figure A.VI.1. 

Figure A.VI.1: Indexed development of gas appliances production and annual average growth rate in EU-
27 

1995-2001 

1995-2007 

HVCA 

9.0% 

Domestic Appliances 

7.7% 

8.6% 

3.8% 

Source: Competitiveness Study (2009) 

EN 

75 

   EN 

 
 
 
 
 
 
This rapid growth could be related to the effect of the GAD in freeing up the internal market, 
but it cannot be demonstrated. The Competitiveness Study indicated that the  growth  mainly 
related to an increased demand for gas  appliances in the EU-12  from 1995 onwards, due to 
backlog  demand  and  more  rapid  progress  in  the  energy  efficiency  of  gas  appliances  as 
compared to appliances that are run by other feedstock or by electricity. 

A  very  wide  range  of  factors  affect  the  markets  for  different  product  categories  within  gas 
appliances,  with  the  legal  framework  established  by  the  GAD  being  only  one  of  these.  For 
instance, the distribution, installation, maintenance and repair are crucial for the marketing of 
gas  appliances  since  most  of  the  appliances  and  fittings  are  components  which  provide  full 
benefit only as part of complete systems.   

It  is  difficult  to  identify  a  direct  link  between  the  profitability  of  manufacturers  and  the 
introduction  of  the  Directive.  SMEs  may  have  found  it  particularly  difficult  to  adapt  to  the 
influx of products that was a result of the trade liberalisation, and this had ultimately resulted 
in a reduction of the number of SMEs active in the sector.   

Currently,  the  markets  for  most  types  of  gas  appliances  are  considered  to  be  mature,  with 
numerous  competitors  and  established  market  positions  amongst  the  major  manufacturing 
companies.  For  some  product  categories,  they  have  largely  become  replacement  markets 
(such as the boiler market in Germany, Belgium and the Netherlands). However, there may be 
scope for market growth in those Member States where access to mains gas is set to increase 
in the future.   

Demand for appliances and fittings in Europe  

As an indication for market developments in 1995-2007, Figure A.VI.2. provides an overview 
of the market development based on Prodcom data90. Overall demand in the EU-27 grew from 
1995 to 2007. However, annual growth rates varied in magnitude. In the years 1997 and 2007 
for instance the demand for HVAC decreased slightly. In the period from 2001 till 2007 the 
demand for HVAC and domestic gas appliances grew at an average annual rate of 5.5 and 3.9 
percent respectively. 

Figure A.VI.2: Market demand in the EU-27 

EU-27 HVAC Gas

EU-27 Domestic Appliances Gas

o
r
u
E
n
o

i
l
l
i

M

10.000

9.000

8.000

7.000

6.000

5.000

4.000

3.000

2.000

1.000

0

1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007

Source: Competitiveness Study (2009), based on Eurostat Prodcom database 

EN 

76 

   EN 

 
 
 
 
 
In  terms  of  geographic  distribution,  the  Competitiveness  Study  (2009)  revealed  that  in  the 
majority of the EU-27 countries the demand per household for appliances increased between 
2003  and  2007.  This  was  not  the  case  in  Germany,  Spain  and  Hungary  where  demand  per 
household slightly decreased. However German companies were able to compensate sluggish 
domestic demand by exports. The demand was highest in Luxembourg and the UK, followed 
by Italy and the Netherlands. Remarkable increases in household demand could be observed 
in  Austria,  Sweden  and  Slovakia  where  demand  per  household  more  than  doubled  between 
2003 and 2007.  

In general, clients can be divided into professional users (manufacturers, property developer 
and management companies, etc.) and private consumers. Most of the gas appliances are not 
plug-in  products  thus  requiring  qualified  labour  for  the  installation.  Furthermore,  for  the 
installation of fixed appliances a broad range of mounting parts, taps, valves etc. in necessary. 

The  IA  Study  (2012)  showed  that  almost  40%  of  natural  gas  is  used  in  the  residential  and 
commercial sector, 28% is used by the industry, 29% in power plants, 0.3% for transport and 
the remaining 2% for other uses. On this basis and the number of appliances in use (appliance 
stock, Table 3) and their average gas consumption, it could be estimated that greater than 80% 
of the EU-27 inland sales of gas is used by products covered by the GAD. 

Production of appliances and fittings in Europe  

As noted above, the Competitiveness Study (2009) showed that the sector grew steadily from 
1995 onwards to a total production value of nearly Euro 12 Billion in 2007 with the HVAC 
accounting  for  the  majority  of  production.  This  production  value  compares  with  the  value 
provided by the IA Study (2012) for the annual sales value which is based on the end-prices. 
Figure A.VI.3. shows the sector's developments in EU-27.  

Figure A.VI.3: Production value per HVAC and domestic appliances 

EU-27 HVAC GAS EU-27 Domestic Appliances GAS

o
r
u
E
n
o

i
l
l
i

M

€ 14.000

€ 12.000

€ 10.000

€ 8.000

€ 6.000

€ 4.000

€ 2.000

€ -

1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007

Source: Competitiveness Study (2009), based on Eurostat Prodcom database 

Regarding  the  production  share  of  the  EU-27,  the  Competitiveness  Study  (2009)  indicated 
that  Italy  was  the  main  producer  of  gas  appliances.  Its  production  share  had  increased  to 
28.8% by 2007 and it had become the largest producing country within the EU-27. The UK 
and Germany followed with production shares of 15.7% and 15.4% respectively (2007). The 
UK’s share fluctuated within a 15 to 20 percent bandwidth. Germany showed a steady decline 
in production share since 1995 since its production had not grown, whereas the other nations 
had shown significant growth. France (12.3% in 2007) had managed to double its production 

EN 

77 

   EN 

 
 
 
share since 1995. The Netherlands remained at a steady level of approximately 7%. Further 
the Spanish production share declined from 5.3% in 1995 to 2.7% in 2007, and the production 
share  of  new  member  countries  such  as  Poland  and  Slovakia  rose.  The  average  annual 
production  share  of  gas  appliances  per  country  in  1995,  2001  and  2007  are  presented  in 
Figure A.VI.4. 

Figure A.VI.4: Average annual production share of gas appliances per country in 1995, 2001 and 2007 

Source: Competitiveness Study (2009), based on Eurostat Prodcom database 

In  order  to  further  concretise  the  figures  from  the  above  Figure  A.VI.4.,  Figure  A.VI.5. 
presents the developments of total value produced in the gas appliances sector. One can easily 
relate  the  above  findings  on  overall  production  share  to  the  produced  value.  It  becomes 
obvious  that  an  increased  production  share  for  Italy  between  1995  and  2007  went  hand-in-
hand  with  an  increase  in  value  produced.  The same  applies  for  the  UK,  German,  Slovakian 
and Spanish cases. 

EN 

78 

   EN 

 
Figure A.VI.5: Production per country in million Euros at current prices for 1995, 1999, 2003 and 2007 

1995

1999

2003

2007

o
r
u
E
n
o

i
l
l
i

M

4000

3750

3500

3250

3000

2750

2500

2250

2000

1750

1500

1250

1000

750

500

250

0

IT DE UK FR NL PL ES SK AT DK CZ SW PT FI

IE BE HU LT EL EN LV SI RO BG CY LX MT

Source: Competitiveness Study (2009), based on Eurostat Prodcom database 

Figure  A.VI.6.  provides  the  overview  of  the  Gross  Domestic  Product  (GDP)  share  of 
production values of gas appliances per EU-27 thus showing the importance of the sector for 
each  country.  In  Slovakia,  the  share  of  production  in  GDP  is  0.9%.  Both  Italy  and  Poland 
have a share of GDP of 0.25%. Czech Republic and the Netherlands show a GDP share of GA 
of  0.15%.  This  implies  that  for  these  countries  production  of  gas  appliances  is  relatively 
important for their overall economic development. 

Figure A.VI.6: GDP share of production values for 2007 

2007 GDP share of GAS production value
2007 GDP share of production values 

MT
LX
CY
SI
EL
BE
LV
FI
ES
IE
SW
HU
BG
EN
RO
PT
DE
AT
FR
LT
UK
DK
NL
CZ
IT
PL
SK

0,00% 0,10% 0,20% 0,30% 0,40% 0,50% 0,60% 0,70% 0,80% 0,90% 1,00%

Source: Competitiveness Study (2009), based on Eurostat Prodcom database 

EN 

79 

   EN 

 
 
 
 
Main players in Europe  

The  Competitiveness  Study  (2009)  provided  analyses  on  the  basis  of  Eurostat  structural 
business statistics for the years 2005 and 200684 on the industry structure and the distribution 
of  firms  in  the  EU-25  (publicly  available  data  on  Bulgaria  and  Romania  was  not  available) 
and  EU-15.  In  order  to  get  an  overview  (Figure  A.VI.7.)  of  the  industry  structure,  the 
distribution  of  employees  and  the  output  generated,  firms  were  classified  within  the  two 
categories  available  at  Eurostat.  One  category  included  small  companies  with  less  than  250 
employees; the other one comprises firms which have employed more than 250 persons. For 
each  of  these  two  categories  the  following  three  parameters  have  been  analysed:  the  total 
number of firms; the total number of employees; and the production per employee. 

Figure A.VI.7: Industry structure in the EU-25 and EU-15 in 2006 

Number of firms <250 

Number of firms >250 

Number of employees <250 

Number of employees >250 

Production per employee<250* (1000 €) 

Production per employee >250*(1000 €) 

EU-15 

EU-25 

2006 

compared to 2005 

2006 

compared to 2005  

change rate in % 

change rate in % 

24781 

321 

274990 

239645 

147,7 

196,4 

-1.08% 

31417 

-1.48% 

412 

-4.18% 

323556 

-1.24% 

303450 

5.23% 

9.28% 

132,0 

168,4 

-1.02% 

1.29% 

-3.60% 

0.22% 

5.05% 

8.51% 

Source: Competitiveness Study (2009), based on Eurostat Structural business statistics 

The manufacturing strategies pursued by companies are diverse. Some firms pursue a high in-
house production strategy while others focus on assembling and have outsourced large parts 
of  the  production  process.  As  for  fittings,  burners  and  heat  exchangers  (components  of 
appliances),  few  companies  manufacture  these  parts  themselves.  Specialized  manufacturers 
who  are  on  the  leading  edge  of  product  and  process  technology  dominate  the  market.  They 
exploit economies-of-scale and deliver components to most of the appliance manufacturers. 

Most  prominent  manufacturing  companies  try  to  gain  higher  market  shares  than  their 
competitors and get a lead by the exploitation of economies-of-scale. The standardisation of 
products  and  the  reduction  of  costs  in  the  manufacturing  process  by  large-batch  production 
using learning effects are high on the agenda. Small firms are focusing in niches. They design 
systems for specific applications and are customizing their products to the clients’ needs.  

Globalization of the domestic appliances markets is far more advanced than for HVAC. All of 
the  big  players  command  noteworthy  market  shares  in  Europe,  the  Americas  and  Asia. 
Domestic appliances are highly standardized products that are directly sold to the consumer. 
Many  of  the  products  are  plug-in  appliances  and  do  not  require  qualified  installation, 
maintenance and repair. 

84   At the time of undertaking the Competitiveness Study (2009), reliable and useful data was available for the 

years 2005 and 2006 only. 

EN 

80 

   EN 

 
 
 
 
 
                                                 
The key players in the EU market vary depending on the product category. For instance, the 
is  dominated  by  five  major  suppliers:  BBT 
European  heating  equipment  market 
Thermotechnik  (Germany),  Vaillant  (Germany),  Viessman  (Germany),  Baxi  (UK)  and 
Ariston  Thermo  Group.  These  companies  held  60%  of  the  "EU-32"85  market  for  heating 
equipment  (commercial  and  domestic  boilers  and  other  equipments)  in  the  mid-2000s.  In 
cooling,  dominant  players  are  from  Japan,  Korea  and  Thailand  (e.g.  Daikin,  Mitsubishi, 
Toyota  and  Samsung).  The  refrigeration  sector  is  split  between  domestic  and  commercial 
refrigerators and freezers. In their production, Italy is in the lead, followed by Spain, France, 
the UK, Germany, Hungary, Poland and Denmark. A wide range of LPG fuelled refrigerators 
is  offered  by  the  Dometic  Group  (Sweden).  Large  controls  (fittings)  manufacturers  include 
Siemens (Germany), Honeywell (US), with research and development (R&D) and production 
in the Netherlands, JohnsonControls (US) with subsidiaries in Germany and SIT La Precisia 
(Italy). 

Competition and competitiveness  

The  Competitiveness  Study  (2009)  estimated  the  total  EU-27  employment  of  the  sector  at 
around 476 thousand employees or 1.46% of total manufacturing employment. The sector is 
well integrated in the European economy and has exploited regional comparative advantages 
The supply of advanced components on the leading edge of technology is available being a 
precondition for the manufacture of high performance appliances. 

The  major  manufacturers  of  burners,  heat  exchangers  etc.  are  located  in  the  old  Member 
States. They are driven as well by product and production technology and are pivotal for the 
performance of the European GAS in international competition. 

The  HVAC  sector  is  in  a  situation  of  self-supply  with  the  most  important  key  components. 
Imports,  in  particular  from  Asia,  concern  commodities,  such  as  small  electronics  and  to  a 
certain extent low-end mechanical components. The biggest HVAC manufacturing companies 
pursue  market  share  related  strategies  and  exploit  economies-of-scale.  Mergers  and 
acquisitions have taken place but this has not led to the extinction of brands. The firms use 
their  market  value  of  brand  names  and  regional  preferences.  Other  big  manufacturers  with 
around 1,000 to 2,000 employees put much emphasis on technologies and try to gain a leading 
edge. They are permanently challenged by their bigger counterparts who are eager to catch up 
technology and further price competitiveness. Small firms in the market for final products are 
focusing in niches. 

For the subsector domestic appliances the situation is a bit different. Large-scale production 
and global players exploit comparative advantages in production location to a higher degree. 
Globalization  of  the  markets  is  far  more  advanced  and  all  of  the  big  players  command 
noteworthy market shares in Europe, the Americas and Asia. Domestic appliances are highly 
standardized products and many of the products are plug-in appliances. The big global players 
of  domestic  appliances  run  production  facilities  all  over  the  world.  However,  numerous 
brands  are  used  in  line  with  their  regional  awareness  and  reputation  to  meet  differences  in 
regional  habits  and  preferences.  Branding,  consumer  preferences  and  design  are  the  most 
important  action  parameters  in  the  sales  market.  There  is  only  little  room  left  for  SMEs  in 
final products. 

85   EU-27 as well as Croatia, Turkey, Iceland, Norway and Switzerland. 

EN 

81 

   EN 

 
                                                 
The  market  for  portable/mobile  appliances  is  strongly  characterized  by  globalization.  There 
are  European  manufacturers,  but  much  of  the  demand  is  met  by  imports,  above  all  from 
China. The imports are carried out by trading firms and by manufacturing companies. Only 
few market segments are served by European manufacturers that for instance have specialized 
in  the  equipment  of  vehicles,  boats  and  cars  used  in  the  small  trade  and  for  leisure  time 
activities. 

The analysis of foreign trade does not show a European specialization on the manufacturing 
of gas appliances as compared to other important nations in the market. The contribution of 
European manufacturers to global trade shrank in value markedly from 54% in 1999 to 36% 
in 200786. The underlying reason for this development was the access of emerging countries 
in the world market, in particular, China and Turkey.  

The  focus  of  Chinese  exports  to  Europe  is  on  domestic  appliances  and  underscores  the 
extremely high level of globalization in this subsector. The supply side is dominated by global 
players with stakes in the more important worldwide markets. The imports from Turkey are 
more  balanced  between  HVAC  and  domestic  appliances.  Turkey  has  also  become  a 
production  location  with  a  broad  industrial  basis  as  the  most  promising  market  by  size  and 
growth.  Many  European  manufacturers  have  invested  in  this  country  and  the  division  of 
labour with the EU has been intensifying. 

Research and innovation 

Research and innovation has become an important issue for the sector. Growing requirements 
on energy efficiency and CO2 abatement require new concepts and public schemes contribute 
to stimulate these activities. Advanced appliances with modulation of the combustion process, 
condensing boilers and co-generation units (combined heat and power production units, CHP) 
have been introduced to the market. High efforts will be necessary to further increase energy 
efficiency.  The  activities  are  dispersed  and  national  co-operations  prevail.  This  has  been 
perceived  as  a  disadvantage  in  particular  with  the  stringent  Japanese  policies  that  interlink 
research  activities  for  HVAC  with  support  for  extensive  field  tests  coming  close  to  market 
introduction. 

One  development  direction  will  be  towards  complex  systems  using  different  fuels.  In 
particular  the  use  of  renewables  is  in  the  interest  of  public  authorities  that  have  obliged 
themselves  to  meet  objectives  for  the  reduction  of  CO2  emissions.  In  many  cases  the 
combination of different forms of energy is a precondition for the use of renewables. 

The sector comprises start-ups and other small companies driven by advanced technologies, 
such as for heat pumps and fuel cells. With growing  maturation  of  these  technologies these 
firms  increasingly  attract  the  attention  of  the  big  players  in  the  market.  Currently  a 
consolidation  takes  place  and  indicates  that  the  marketability  is  perceived  as  a  forthcoming 
reality in the medium-term. 

The  Competitiveness  Study  (2009)  identified  some  overseas  co-operations  in  research  of 
European manufacturers, in particular in areas where non-EU players are on the leading edge. 
Dominant were activities together with Japanese firms. Their lead in prime drives and small 

86   This  reduction  in  the  contribution  to  world  trade  has  not  been  caused  by  a  noteworthy  weakness  of  the 
European  manufacturers  or  the  current  legal  framework.  A  comparison  with  the  other  manufacturing 
industries  indicated  that  the  gas  appliances  sector  did  not  perform  worse  than  the  other  sectors  but  even 
much better than the average of manufacturing industries. 

EN 

82 

   EN 

 
                                                 
air  conditioning  is  above  all  of  importance.  There  are  also  co-operations  with  US  and 
Canadian companies. In the latter case the focus is above all on fuel cells (which are mainly 
outside  the  scope  of  the  GAD)  and  related  high  tech  components.  In  these  technologies  US 
companies get a stimulus from the aerospace and defence industries. 

EN 

83 

   EN 

 
ANNEX VII:  EXAMINATION OF ACCIDENT DATA  

1. 

Introduction 

objective of the GAD is to ensure the free movement (placing on the market and putting into 
service) of products covered by its scope through technical harmonisation with regard to the 
risks  due  to  gas,  while  guaranteeing  a  high  level  of  protection  of  public  interest  objectives. 
Thus, one of the aims of any revisions proposed to the current GAD should be to address gas 
related risks through further harmonisation of gas appliances and their fittings, as well as for 
possible other products using gas as a fuel and which could benefit from being taken within 
the same regulatory framework.   

In  order  to  identify  whether  any  such  risks  exist  at  present,  the  following  activities  were 
undertaken in the framework of the IA Study (2012): 

−  A review of the information collated during the Ex-post Evaluation Study (2011); 
−  A review of all documents and discussions of the Working Group GAD Revision (WG 
GAD rev) and of the Member States Working Group Gas Appliances (WG-GA) since 
2008; 
Internet  searches  were  undertaken  to  identify  any  statistics  regarding  safety  risks 
arising from gas appliances in or outside of the scope of the GAD; 

− 

−  Selected competent authorities were contacted to ask if they have any data on safety 
concerns  not  previously  identified  or  to  check  whether  there  are  safety  reasons 
underlying particular positions or actions at the national level; 
Industry  associations  raising  concerns  over  potential  safety  risks  were  asked  if  they 
have any data as evidence of these risks. In particular, the focus was on determining 
whether there is evidence of potential risks for appliances lying outside the scope of 
the GAD; and 

− 

−  Analysis  of  the  responses  to  the  Public  Consultation  (2011-2012)  responses  and, 
where relevant, follow-up consultation to obtain specific evidence of safety concerns 
relating to gas products. 

As  a  result,  it  could  be  concluded  that  the  risks,  if  any,  are  very  unlikely  to  be  considered 
significant  as  otherwise  there  would  be  some  authorities  demanding  action  with  supporting 
evidence. 

RAPEX and ICSMS notifications 

2. 
The  analysis  of  the  data  available  on  RAPEX61  on  the  types  of  safety  risks  notified  by  the 
Member  States  on  non-compliant  products  provided  an  indication  of  the  notifications  by 
appliance  type  (Figure  A.VII.1.).  Most  of  them  were  associated  with  cookers  and  outdoor 
heaters.  Figure  A.VII.2.  provides  information  by  accident/incident  type  where  incidents 
occurred prior to a restrictive measure. 

It can be noted that the total number of products notified is very low compared to the millions 
of gas appliances sold each year. 

EN 

84 

   EN 

 
 
 
 
 
 
Figure A.VII.1: RAPEX notifications by type of product 

Source: Impact Assessment Study (2012) 

Figure A.VII.2: RAPEX notifications by type of hazard 

Source: Impact Assessment Study (2012) 

A further review of ICSMS62 containing also confidential product information and test results 
revealed fewer results associated with gas-related products and fittings under the ICSMS than 
for the corresponding searches under RAPEX. Only few gas appliances and fittings were not 
within  the  RAPEX  database.  All  cases  were  appropriately  dealt  with  by  the  surveillance 
authorities. 

3. 

National accident statistics 

A  careful  examination  of  the  available  national  accident  data  from  Belgium,  Denmark, 
Estonia, France, Germany, Ireland, Italy, the Netherlands and United Kingdom for products 

EN 

85 

   EN 

 
 
 
 
 
 
either currently covered by the  GAD or those that lie outside its scope did not produce any 
conclusive  evidence  of  safety  risks  that  are  not  under  control.  This  result  was  verified  by 
further consultation with authorities and other organisations undertaken in the framework of 
the IA Study (2012). 

Belgium 

Data was collected from a range of sources on domestic gas explosions related to a pipe, valve 
or  material  failure  since  2010.  These  are  reported  in  Table  A.VII.1.  below.  As  can  be  seen 
from  the  table,  most  of  the  accidents  were  related  to  gas  leaks,  with  only  three  of  the 
explosions linked to boiler failure. No further details were available from the various sources 
to  enable  to  identify  whether  any  of  the  accidents  stemmed  from,  for  example,  failures  or 
shortcomings  in  the  gas  installation  or  appliances,  or  if  e.g.  the  lack  of  maintenance  caused 
them. 

Table A.VII.1: Domestic Gas Explosions in Belgium since 2010 

Date 

16/02/12 

Location 
Woluwe-Saint-Pierre 
(Brussels) 
Courcelles (Charleroi) 
Léglise (Luxembourg) 
Ath (Tournai) 
Linter (Flemish Brabant) 
Brussels 
Brussels 

5/02/12 
18/12/11 
20/10/11 
4/10/11 
25/09/11 
23/08/11 
31/07/11  Neufchateau (Luxembourg) 
15/07/11 
4/04/11 
1/04/11 
14/01/11 
23/06/10 
27/01/10 

Liege (rue du Champay) 
Boussu (Mons) 
Faimes (Liege) 
Blandain (Tournai) 
Soumagne (Liege) 
Liege (rue Leopold) 

Casualties 

None 

Comments 

Gas leak 

1 wounded 
None 
2 wounded 
2 wounded 
3 dead and 17 wounded 
1 wounded 
6 wounded 
1 wounded 
4 wounded 
3 wounded 
1 wounded 
3 dead 
13 dead and 21 wounded 

Gas leak 
Gas leak 
Boiler explosion during repairing 
Gas bottle explosion 
Gas leak 
Gas leak 
Gas tank explosion 
Gas leak 
Boiler failure 
Boiler failure 
Gas bottle 
Gas leak in a propane tank 
Gas leak 

Source: Impact Assessment Study (2012) 

Denmark 

On average there are about 15-20 accidents per year related to the use and installation of gas 
appliances (see Figure A.VII.3.). According to statistics from the Ministry, the number of gas 
accidents  in  2009  was  the  lowest  since  1992,  equating  to  1.8  accidents  per  100,000 
consumers. The trend is away from fatal incidents and, during the past five years, the number 
of  incidents  resulting  in  injuries  has  dropped  from  125%  in  2005  to  approx.  67%  in  2009 
(against  a  base  year  of  1992).  The  largest  number  of  accidents  was  related  to  the  use  of 
natural gas fuelled appliances.  

There  are  no  general  legislative  requirements  for  annual  inspection  of  gas  appliances  in 
Denmark;  however,  certain  appliances,  such  as  draught  burners  and  flueless  boilers,  are 
subject  to  inspection  every  other  year.  The  gas  company  responsible  for  the  installation 
provides  an  annual  inspection  which  covers  approximately  1%  of  all  appliances,  the  charge 
for which is included in the gas bill. 

EN 

86 

   EN 

 
 
 
 
Figure A.VI.3: Number of Gas Accidents in Denmark 

Source: Impact Assessment Study (2012) 

Estonia 

The Technical Surveillance Authority reports that in 2011 there were 253 gas-related calls to 
the  Rescue  Board,  30%  of  which  involved  liquefied  gas  cylinders,  with  the  rest  involving 
central  gas  or  other  reasons.  The  main  problems  identified  during  the  supervision  of  gas 
installations  were  the  absence  of  a  supervisor  or  inadequate  documentation,  with  this 
including e.g. the absence of the CE conformity marking. 

Most  of  the  problems  with  gas  appliances  are  clearly  related  to  installation.  However,  a 
campaign related to gas grills found that there were shortcomings in gas grills on sale in 18 of 
the 29 stores checked (and out of 69 grills that were inspected). The most common flaws were 
user-orientated  risk  warnings  in  Estonian  and  the  absence  of  user  and  maintenance 
instructions, although the absences of the CE conformity marking and of manufacturer’s mark 
were  also  an  issue.  Technical  shortcomings  or  faults  that  would  lead  to  dangers  were  not 
identified. 

France 

Data provided by French authorities indicates that there are around 11 million gas installations 
of various types in place in France. Information could be detected on nineteen domestic gas 
explosions in France since 2011. These are summarised in Table A.VII.2. on next page. As 
for  Belgium,  most  of  these  explosions  are  related  to  gas  leaks,  although  two  are  linked  to 
boiler failures. 

EN 

87 

   EN 

 
 
 
Table A.VII.2: Domestic Gas Explosions in France since 2011 

Date 
18/02/12 
27/01/12 
16/12/11 
29/10/11 
16/09/11 
28/09/11 
26/08/11 
23/08/11 
23/08/11 
19/8/11 
08/08/11 
06/06/11 
7/05/11 
26/03/11 
22/2/11 
18/02/11 
4/02/11 
27/01/11 
26/01/11 

Location 
Moëlan-sur-Mer 
Vannes 
Colombes 
Grenoble 
Dijon 
Le Havre 
La Seyne 
Locunolé 
Aramits 
Moustoir-Ac 
Chambéry 
Châtres 
Aubergenville 
Paris 
Saint-Jean d’Angely 
Saint- Lô 
Sceaux 
Hasparren  
Carcassonne 

Casualties 
1 dead 
1 wounded 
1 wounded 
1 dead 
- 
1 wounded 
1 dead 
1 wounded 
2 dead 
1 dead and 1 wounded 
2 wounded 
1 wounded 
2 dead and 11 wounded 
8 wounded 
3 dead and 2 wounded 
1 wounded 
10 wounded 
2 wounded 
2 wounded 

Source: Impact Assessment Study (2012) 

Comments 
Boiler failure 
- 
- 
Gas tap inadvertently left open 
Gas leak 
Gas leak 
- 
Gas bottle explosion 
Gas leak 
Gas leak 
Gas pipes badly jointed 
Gas leak 
Gas bottle explosion 
Gas leak in a cellar 
Gas leak due to pipe corrosion 
- 
Gas tap inadvertently left open 
Heating system failure 
Gas leak 

Summary  statistics  provided  by  French  authorities  indicates  that  there  were  61  and  56 
incidents in 2010 and 2011 respectively, resulting in fatalities and injuries associated with the 
domestic  utilisation  of  gas.  A  further  five  incidents  in  2010  and  15  incidents  in  2011  were 
associated with the distribution of gas. 

In 2011, 38 of the 56 events were caused by a defect in the gas equipment or gas appliance, 
with these events leading to 15 fatalities and 186 injuries. In 2010, 39 events were related to 
defects in gas equipment or a gas appliance, with both the number and proportion therefore 
being consistent over the two years. The French authorities use these data to justify their call 
for  an  extension  of  the  scope  of  the  Directive  to  include  gas-related  components  (i.e.  gas 
equipment  which  is  currently  outside  an  appliance)  to  ensure  that  the  same  safety 
requirements apply. 

In this context it must be noted that many gas-related products (gas equipment ) lying outside 
the  scope  of  the  GAD  are  covered  by  other  Directives  like  the  Construction  Products 
Directive, Pressure Equipment Directive, etc. These sectors have not reported about any gas 
safety problems with the gas equipment referred to by the French authorities. 

EN 

88 

   EN 

 
 
Germany 
A study carried out by the Paul Scherrer Institut87 in 2005 on natural gas accidents risks for 
the  Swiss  government  used  German  data  on  fatal  accidents  associated  with  ‘consumer 
installations’,  as  part  of  a  broader  comparative  assessment  of  gas-specific  risks.  This  study 
considered accidents involving natural gas in Germany for the period 1981 to 2002. It is based 
on  the  results  of  an  extensive  survey  carried  out  by  the  Deutsche  Vereinigung  des  Gas-und 
Wasserfaches  (DVGW),  which  include  the  numbers  of  accidents,  fatalities  and  injured 
persons for the period 1981 – 2002, by types of accidents.   

These data were considered by the PSI to meet the following criteria: 
− 
− 
− 

sufficiently large amount of accident records, which enable a valid and coherent analysis; 
the data should be broadly representative of the situation for Central Europe, or EU-15; 
the data provide coverage of severe and smaller accidents with regard to completeness of 
records; and  

−  different  damage  indicators,  i.e.  fatalities  and  injured  persons,  are  covered  to  the  same 

level of detail.  

Unfortunately, certain types of accidents were excluded from the analysis: accidents involving 
town gas, accidents involving LPG, and accidents involving an unspecified gas type.  

Only part of the data is of relevance for the GAD it became applicable until later in time (not 
1981).  Figures  A.VII.4.  to  A.VII.6.  present  the  data  of  relevance  to  the  GAD,  with  these 
figures  providing  an  indication  of  the  trends  in  numbers  of  different  types  of  accidents  and 
fatalities from 1985 to 2002. 

Figure A.VII.4: Fatality by accident type - Germany 

87   Paul Scherrer Institut (2005): Comparative Assessment of Natural Gas Accident Risks, report for the Swiss 

authorities, dated January 2005. 

EN 

89 

   EN 

 
 
                                                 
Source: Impact Assessment Study (2012) 

Figure A.VII.5: Fatalities by accident cause - Germany 

Source: Impact Assessment Study (2012) 

Figure A.VII.6: Fatalities by Installation Type - Germany 

Source: Impact Assessment Study (2012) 

Unfortunately,  it  is  not  possible  to  be  more  specific  as  to  what  some  of  the  headings  for 
accident causes relate to; i.e. from the information presented in the report, it is not possible to 
determine  whether  technical  defects  are  defects  of  the  gas  appliances  or  of  the  associated 
installation and components used. As a result, it is not possible to say with certainty whether 

EN 

90 

   EN 

 
 
the  causes  of  the  defects  fall  within  the  scope  of  the  GAD.  Furthermore,  in  above  Figure 
A.VII.6., which provides information on fatalities associated with different installation types, 
it is not possible to determine whether 'valves' in the category “pipes, pipe joints and valves” 
identified as the causes of the accident would be considered “fittings” under GAD. 

The  German  data  show  different  trends  over  time  and  by  type  of  accident.    As  can  be  seen 
from  these  figures,  since  1997,  there  has  been  a  downward  trend  in  explosions  and 
deflagrations,  although  prior  to  this  period  there  was  an  increasing  trend  in  such  accidents.  
With  respect  to  the  causes  of  accidents,  technical  defects  and  installation  failures  would 
appear  to  be  a  decreasing  cause,  as  would  manipulation  failures,  particularly  after  1999.  
Intentional interventions at gas installations remain a significant concern, with no significant 
downward  trend,  while  illegal  changes  of  installation  conditions  and  inappropriate 
interventions would appear to be decreasing from 1998.  Across installation types, the number 
of fatalities associated with “pipes, pipe joints and valves” has shown little change over the 
period, with this ranging between 5 and 10 per annum. In contrast, the numbers of fatalities 
associated with gas appliances with exhaust fume systems and without such systems show a 
decreasing trend in the number of fatalities per annum, with the number of total fatalities per 
year reduced from being over 10 to no more than 5 after 1995.   

Figure  A.VII.7.  provides  an  overview  of  failure  rates  for  the  period  from  1981  to  2002  for 
consumer  installations,  with  this  providing  data  for  both  injuries  and  fatalities  by  million 
customers. As can be seen from these data, there is a clear downward trend across all accident 
types.   

Figure A.VII.7: Fatalities by Installation Type - Germany 

Source: Impact Assessment Study (2012) 

Ireland 

The  Irish  Gas  Safety  Committee  was  established  to  report  and  make  recommendations  in 
relation to hazardous or potentially hazardous natural gas incidents that have endangered life 
or property.    

EN 

91 

   EN 

 
 
In  2003,  three  incidents  of  carbon  monoxide  were  reported,  two  of  which  resulted  in  four 
fatalities  whilst  the  third  hospitalised  two  people.  A  further  incident  involving  carbon 
monoxide from a gas fired cooking range was reported in 2005, this again hospitalising two 
people. The cause of the accident identified as the failure of the flue gas exhaust fan as well as 
a  faulty  safety  device  that  failed  to  engage  and  stop  the  flow  of  gas  to  the  burner.  In  2006, 
another  individual  had  to  seek  medical  attention  as  a  result  of  carbon  monoxide  poisoning 
from  a  flueless  kitchen  water  heater.  These  heaters  had  previously  been  identified  by  Bord 
Gáis  Éireann  (gas  suppliers)  as  potentially  dangerous  if  operated  for  prolonged  periods  of 
time in an environment where there is inadequate ventilation. Finally, there was a further four 
incidents reported in 2007, only one of which involved carbon monoxide poisoning, the others 
caused by fire or explosion. Whilst there were additional reportable accidents between 2003 
and 2007, these occurred because of vandalism, negligence or faulty or dangerous equipment 
beyond the scope of the GAD. 

It  is  interesting  to  note  that  the  Gas  Safety  Committee,  whose  remit  is  to  address  the  most 
hazardous  or  potentially  hazardous  gas  risks,  is  primarily  concerned  with  carbon  monoxide 
poisoning  in  respect  of  domestic  gas  consumption.  Whilst  the  danger  of  a  gas  explosion  is 
acknowledged, the main efforts of the organisation are directed towards raising awareness of 
the dangers of carbon monoxide. 

Italy 

Italian data collected from CIG (Italian Gas Committee) show a significant reduction in the 
numbers of accidents, deaths and fatalities caused by mains gas and LPG distributed in bottles 
and tanks following the implementation of the GAD in 1997. However, more (limited) recent 
data suggests that there have not been further reductions in recent years. Looking at the cause 
of accidents, it is noteworthy that accidents caused by lack of ventilation showed the greatest 
decrease  (from  1998 
in 
asphyxia/poisoning accidents (see Tables A.VII.3. and A.VII.4.). 

to  2002)  which  also  produced  a  significant  reduction 

Table A.VII.3: Gas Statistics for Main Gas (1998-2002, 2009 & 2010) – Italy 

EN 

92 

   EN 

 
ource: Impact Assessment Study (2012) 

S

In a recent report88, it was noted that, in respect of mains gas, in 2010 more than half of the 
deaths and injuries continue to be caused by ventilation equipment which is not fit for purpose 
or  is  not  regularly  maintained.  Whilst  for  LPG  distributed  in  bottles  and  cylinders,  21%  of 
accidents were caused by a lack of maintenance and a further 20% of accidents were a result 
of user error. 

Table A.VII.4: Gas Statistics for LPG (1998-2002, 2009 & 2010) Italy 

  88   CIG (2011):  Incidenti da Gas – Comunicato Stampo Anno 2010, http://www.cig.it/incidenti-da-gas/  

EN 

93 

   EN 

 
 
                                                 
Source: Impact Assessment Study (2012) 

The Netherlands  

Data for 1986 to 2002 on domestic gas incidents is presented in see Figure A.VII.8. The high 
number  of  CO  poisonings  in  the  Netherlands  could  be  attributed  to  unflued  and  open  flued 
water  heaters  installed  in  kitchens  and  bathrooms.  These  were  poorly  maintained  and  were 
installed in rooms which had poor ventilation, a more common occurrence as improvements 
in home insulation were made. However, there was a noticeable reduction in the number of 
CO  poisoning  fatalities  in  2001.  This  can  be  attributed  to  an  increase  in  the  installation  of 
room space heaters, room sealed combination central heaters and hot water boilers. Equally, 
safety devices that shut off the gas supply to the burner if dangerous substances are detected 
have been fitted to gas appliances. 

Dutch consultees to the Ex-post Evaluation Study (2011) indicated that the introduction of the 
Directive had no positive impact on the number of accidents in the Dutch market; the number 
of fatalities has (on average) remained unchanged for the past 20 years. As the Dutch market 
is a mature  market,  incidents are  now primarily associated with the improper installation of 
flueless devices which, prior to the implementation of the GAD, were banned from the Dutch 
market. It is of note that the Dutch Authorities have been amongst the most active in notifying 
products to RAPEX, with the majority of those notified between the period of 2005 to 2011 
being flueless radiant heaters and outdoor / patio heaters and grills. 

EN 

94 

   EN 

 
 
Figure A.VII.8: Accidents for gas failure rates expressed – the Netherlands 

100

90

80

70

60

50

40

30

20

10

0

CO poisoning fatal

CO poisoning serious

Fire/Explosion fatal

Fire/Explosion serious

1986 1988 1990 1992 1994 1996 1998 2000 2002

Source: Impact Assessment Study (2012) 

However,  the  Dutch  stakeholders  did  indicate,  though,  that  the  GAD  has  led  to  a  dramatic 
improvement  in  the  safety  of  LPG  appliances.  By  way  of  example,  in  1996,  100%  of  LPG 
cookers  failed  to  comply  with  the  essential  requirements,  while  today  90-95%  of  such 
appliances  do  comply.  Similarly,  they  note  that  the  nature  of  non-compliance  has  changed: 
whereas previously there were technical problems with certain appliances such as cookers, at 
present technical deficiencies have disappeared and instead it is shortcomings related to poor 
translations of instructions, or insufficient warnings that are prominent. 

Some Dutch consultees noted that there may be a case for extension of the GAD to bring new 
products under its scope. The only example provided in this regard was blowtorches, which 
are  currently  not  within  its  scope,  but  are  widely  used.  However,  it  is  of  note  that  between 
2005  and  2011,  no  such  products  were  notified  by  the  Netherlands  to  RAPEX.  Further 
checking  with  the  Dutch  Authority  has  indicated  that  action  was  taken  in  response  to  one 
incident in which a user using a blow torch got burned. 

It needs to be noted that blow torches intended to be sold for consumers are covered by the 
General Product Safety Directive while Directive 89/391/EEC  (the Occupational Safety  and 
Health Framework Directive), Directive 2009/104/EC on the use of work equipment as well 
as national legislation on the safety on workplace cover their professional use.  

United Kingdom 

UK data appear to indicate an increase in accidents, including explosions/fires as well as CO 
poisoning, with the latter being the main type if incident. These data are presented in Table 
A.VII.5. and are for incidents relating to the supply and use of flammable gas in the UK for 
the period from 07/2006 to 11/2010. 

EN 

95 

   EN 

 
Table A.VII.5: Incidents relating to the Supply and Use of Flammable Gas - UK 

Sourc

e: Impact Assessment Study (2012) 

Similar  numbers  for  CO  poisoning  are  provided  by  the  UK  charity,  CO-GasSafety89,  which 
reports that mains and LPG gas account for about 50% of accidental deaths associated with 
CO poisoning. 
Further  data  available  from  the  UK  Health  and  Safety  Executive  (HSE)90  provides  an 
indication  of  the  percentage  of  fatalities  due  to  CO  incident  by  appliance  type  confirm  that 
central  heating  boilers  are  the  greatest  causes  of  such  incidents,  followed  by  domestic  hot 
water  heaters.  The  most  common  causes  of  incidents  were  a  lack  of  servicing  and 
flue/terminal  faults,  with  flue  and  ventilation  faults  identified  as  being  common  in  many 
domestic incidents boilers; older appliances and open flued boilers represent the highest risk 
(Frontline Consultants, 200791). 

4. 

Consultation of stakeholders 

The stakeholders that had proposed taking new product groups within the scope of the GAD 
were  further  consulted  in  order  to  accurately  determine  the  underlying  safety  problems  and 
their  drivers  thus  enabling  formulation  of  respective  policy  options.  For  instance,  the 
stakeholders were asked to indicate which products and/or product groups present unresolved 
gas risks. 

89   The Carbon Monoxide and GAS Safety Society, http://www.co-gassafety.co.uk/index.html  
90   HSE (2011): RIDGAS – incidents involving flammable gas 

www.hse.gov.uk/statistics/tables/ridgas.xls   

91   Frontline Consultants (2007): Review of Domestic Gas Safety, Report for the Health and Safety Executive 

EN 

96 

   EN 

 
 
                                                 
  
None of the consulted parties was able to identify more than a few such issues relating to e.g. 
national variations in installation requirements,  national requirements for  installers,  building 
codes,  etc.  These  issues  not  concerning  the  product  itself,  go  beyond  the  scope  of  the  free 
movement of goods and fall under the competence of the Member States, therefore they are 
not relevant for the objective of the GAD which is to ensure the free movement of products 
covered by its scope. 

5. 

Conclusions 

There is a general paucity of data on safety risks for products either currently covered by the 
GAD  or  those  that  are  outside  its  scope.  Follow-up  consultation  with  authorities  and  other 
organisations  has  also  not  produced  any  conclusive  evidence  of  safety  risks  associated  with 
products that currently lay outside the scope of the Directive.   

Extensive  searches  have  led  only  to  the  identification  of  reports  produced  by  national 
authorities,  with  only  the  RAPEX  data  providing  an  indication  of  any  risks  associated  with 
products outside the scope of the GAD – in this case gas regulators which are subject to the 
General Product Safety Directive. 

Thus, on the basis of the available evidence, there is little to no justification for bringing new 
products under the scope of the GAD for safety reasons; i.e. there are no concrete identified 
problems that need to be addressed. The only specific examples which have been identified 
where there have been incidents with products outside the GAD are the documented case with 
a blow torch in the Netherlands and the RAPEX notifications on regulators and, potentially, 
hoses covered by the Construction Products Directive.   

The overall number of accidents involving gas appliances appears low. Of those accidents that 
do occur, asphyxia and CO poisoning represent a far more  significant threat to safety. As a 
broad indication, it is estimated that there are about 200 fatalities and 2,000 injuries associated 
with (non-industrial) gas-related products across the EU-27 per year – of which, perhaps, 75% 
are associated with CO poisoning.  

Clearly,  there  continue  to  be  incidents/accidents  involving  gas  appliances,  although  the 
majority  of  these  are  associated  with  installation  failures  rather  than  safety  issues  with  the 
appliances. In any event, one would expect that there will be some residual failure rate of gas 
appliances, their fittings and components for gas installations, even with compliance with CE 
marking requirements. 

It  is  also  worth  noting  that  further  consultation  and  extensive  research  has  indicated  that 
limited  evidence  exists  to  suggest  that  there  are  specific  safety  risks  associated  with 
components that are currently outside the scope of the GAD (i.e. outside of the gas appliance, 
but within the gas installation) or relating to innovations/future products using gaseous fuels 
not currently included within the GAD scope.  

EN 

97 

   EN 

 
ANNEX VIII:  ALIGNMENT OF THE GAD WITH THE NEW LEGISLATIVE FRAMEWORK 
DECISION NO 768/2008/EC 

The  alignment  of  the  EU  product  harmonisation  Directives  with  the  NLF  is  a  legal  and 
political commitment taken by the institutions. 

The  changes  resulting  from  aligning  with  the  New  Legislative  Framework  (NLF)  were 
examined  when  the  horizontal  measure  was  adopted.  The  Impact  Assessment  on  the 
Alignment Package22 examined in depth the changes and different options to give effects to 
the NLF Decision in case of EU product harmonisation Directives similar to the GAD. As the 
impacts of the alignment are expected to be the same for the GAD, it is not deemed necessary 
to repeat the options and conclusions of the Impact Assessment on the Alignment Package in 
this Annex however a summary of the changes to the GAD resulting from its pure alignment 
with the NLF is provided below. 

The alignment of the GAD aligns it to the “goods package” adopted in 2008 and in particular 
to  Decision  No  768/2008/EC  establishing  a  common  framework  for  the  marketing  of 
products.  It  includes  introduction  of  the  relevant  horizontal  definitions,  traceability 
requirements, obligations of economic operators, criteria and procedures for the selection of 
conformity  assessment  bodies  (notified  bodies)  and  conformity  assessment  requirements  in 
the GAD legal text. 

The substance of the alignment of the GAD can be summarised as follows: 

(1) Measures intended to address the problem of non-compliance: 

−  Obligations  of  importers  and  distributors  to  check  that  appliances  bear  the  CE  marking 
are  accompanied  by  the  required  documents  and  carry  traceability  information. 
Additional obligations are imposed on importers. 

−  Obligations of manufacturers to provide instructions and safety information in a language 
easily understood by installers, consumers and end-users, and to carry out sample testing 
and product monitoring. 

−  Traceability  requirements  throughout  the  whole  distribution  chain:  manufacturers  and 
importers must put their names and addresses on products; every economic operator must 
be  able  to  inform  the  authorities  from  whom  he  purchased  a  product  and  to  whom  he 
supplied it. 

−  Reorganisation  of  safeguard  clause  procedure  (market  surveillance)  to  clarify  how  the 
relevant enforcement authorities are informed about dangerous goods and ensure that the 
same action is taken in relation to that product in all Member States. 

(2) Measures intended to ensure the quality of work done by notified bodies: 

−  Reinforcement  of 

the  notification  requirements  for  notified  bodies  (including 
subcontractors  and  subsidiaries)  such  as  impartiality,  competence  in  carrying  out  their 
activity and the application of guidance developed by coordination groups. 

−  Revised notification process: Member States notifying a body must include information 
on the evaluation of the competence of that body. Other Member States can object to the 
notification within a certain period. 

EN 

98 

   EN 

 
 
 
 
−  Requirements  for  notifying  authorities  (i.e.  the  national  authorities  responsible  for  the 
assessment,  notification  and  monitoring  of  notified  bodies)  such  as  objectivity  and 
impartiality in carrying out their activity. 

− 

Information  obligations:  Notified  bodies  must  inform  notifying  authorities  of  refusals, 
restrictions, suspensions and withdrawals of certificates. 

(3) Measures intended to ensure greater consistency among directives: 

−  Alignment of commonly used definitions and terminology. 

−  Alignment of the texts of the conformity assessment procedures. 

The  options  relevant  for  the  revision  of  the  GAD  are  the  same  as  those  for  the  Directives 
included in the alignment package of the ten sectorial Directives, i.e.: 

1.   Do nothing 

This option proposes no changes to the current Directive and relies exclusively on certain 
improvements that can be expected from the NLF Regulation. 

2.   Alignment to the NLF Decision by non-legislative measures (soft law) 

This  option  considers  the  possibility  of  encouraging  a  voluntary  alignment  to  the 
provisions  set  out  in  the  NLF  Decision  by,  e.g.,  presenting  them  as  best  practices  in 
Guidance Sheets. 

3.   Alignment to NLF Decision by legislative measures 

This option consists in integrating the provisions of the NLF Decision into the GAD. 

It is accepted that option 3 is the preferred option because 

− 

− 

− 

− 

it will improve the competitiveness of companies and conformity assessment bodies as a 
result of the definition of clear obligations for economic operators and clear and flexible 
conformity assessment procedures; 

it will improve the functioning of the internal market by ensuring equal treatment of all 
economic operators, notably importers and distributors, as well as conformity assessment 
bodies; 

it  does  not  entail  significant  costs  for  economic  operators  and  conformity  assessment 
bodies;  

it is considered more effective than option 2: due to the lack of enforceability of option 2 
it is questionable that the positive impacts would materialise under that option; and 

−  options 1 and 2 do not provide answers to the problem of inconsistencies in the regulatory 
framework and therefore have no positive impact on the simplification of the regulatory 
environment. 

Regarding  the  general  legislative  framework,  no  problems  specific  to  the  GAD  other  than 
those  already  dealt  with  in  a  detailed  way  in  the  Impact  Assessment  on  the  Alignment 
Package  were  identified.  Consequently,  only  a  pure  alignment  of  the  GAD  with  the  NLF 
Decision was deemed necessary. 

Regarding the potential problems of the GAD other than those dealt with by the NLF, it was 
necessary to carefully investigate a number of issues raised by Member States, manufacturers 
and  other  stakeholders  implying  that  the  GAD  was  not  included  in  the  above  alignment 

EN 

99 

   EN 

 
 
 
 
package. 

EN 

100 

   EN 

 
ANNEX IX:  ANALYSIS OF THE INTERPRETATION NEEDS AS REFLECTED BY THE EXISTING 
GAD GUIDANCE SHEETS 

General 
In  order  to  ensure  a  coherent  application  of  GAD,  so-called  GAD  Guidance  Sheets20  have 
been  established  and  agreed  in  the  framework  of  the  Commission's  Working  Group  Gas 
Appliances. The GAD Guidance Sheets are neither a legally binding interpretation on GAD 
nor they can formally commit authorities or Notified Bodies. However, as involvement of the 
Member  States,  manufacturers,  Notified  Bodies  and  the  Commission  in  the  preparation  and 
adoption process of the GAD Guidance Sheets is always assured, the guidance issued is based 
on  a  lay  consensus  thus  representing  a  reference  for  ensuring  consistent  application  of  the 
Directive by all those involved. 

The  legal  ambiguity  due  to  the  absence  of  the  definitions  of  terminology  and  other  issues 
requiring  interpretation  of  the  current  legal  text  is  dealt  with  in  each  of  the  GAD  Guidance 
Sheets by first formulating a well-defined question that the legal text cannot precisely answer. 
The  question  part  is  followed  by  an  in-depth analysis  of  the  matter.  The  conclusion  section 
provides  a  clear  explanation  what  is  the  common  view  of  all  the  parties  involved  in  the 
adoptions process.  

All the GAD Guidance Sheets are to represent a "voluntary agreement" implying that in order 
a  candidate  GAD  Guidance  Sheet  being  adopted,  unanimity  by  the  Member  States  must  be 
reached. The chosen approach to deal with interpretation issues by adopting GAD Guidance 
Sheets  represents  the  “soft  law”  option  examined  in  this  IA  Report  however  the 
implementation of the current guidance as currently available are considered to be part of the 
status quo. 

Legal ambiguities dealt with by the existing GAD Guidance Sheets 

A. Interpretations relating to the articles of the Directive  

A1.  Appliances and its fittings covered by the Directive92 

This  GAD  Guidance  Sheet  seeks  for  clarification  to  the  question  which  appliances  and 
components are considered as covered by the Gas Appliances Directive. Under its discussion 
section, it notes that the GAD gives product categories, which are within the scope, but does 
not contain list of specific products covered. 

In order to facilitate judgement whether an individual product is covered by the Directive, an 
illustrative  list  has  been  drawn  up  by  all  parties  concerned.  Furthermore,  a  note  to  the  list 
explaining  the  meaning  of  some  terminology  used  is  included.  The  illustrative  list  is  non-
exhaustive and is intended to be amended as necessary. As example and for clarification, a list 

92  

http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_a01_6-2003_en.pdf  

EN 

101 

   EN 

 
 
 
 
 
                                                 
of certain exceptions  is also  shown. Furthermore, some  specific elements of certain product 
categories are clarified on separate GAD Guidance Sheets. 

A2.  Interpretation of "heating"93 

The need to clarify what is referred to by “heating” derives from the fact that some linguistic 
versions  of  the  Directive  suggest  that  heating  covers  only  space  heating  (e.g.  the  English 
version),  whilst  others  allow  a  wider  interpretation  (e.g.  the  French  version).  The  question 
therefore  arises,  whether  “heating”  covers  only  space  heating  or  also  other  applications  of 
heating.  If  this  question  was  not  answered,  the  manufacturers,  Notified  Bodies  and  the 
authorities would not be in a position to determine which products for heating are covered by 
the GAD. Different approaches could also have been adopted in different Member States. 

The  GAD  Guidance  Sheet  notes  that  the  scope  gives  a  list  of  the  types  of  applications  (or 
uses) covered and concludes that it results from this list that when the application/use implies 
the  heating  of  some  material  (e.g.  food,  water,  etc.),  this  is  separately  indicated.  Therefore, 
“heating” is considered to refer in the GAD context to space heating and not to the application 
of heat for other purposes. This conclusion allows judging whether an individual product for 
heating is covered by the Directive,  

A3.    Connecting  hoses  and  regulators  used  to  connect  appliances  to  the  fuel  source;  Other 
components affecting gas safety94 

The  GAD  covers  fittings  which  are  safety,  controlling  and  regulating  devices  and 
subassemblies,  separately  marketed  for  trade  use  and  designed  to  be  incorporated  into  an 
appliance burning gaseous fuel or assembled to constitute such an appliance. Consequently, 
the  stakeholders  have  asked  for  clarification  whether  also  connecting  hoses  and  regulators 
used for connecting an appliance to the fuel source and other components affecting gas safety 
are to be considered as fittings thus covered by the Directive. 

The discussion section of this GAD Guidance Sheet lists the different conditions under which 
the  above  components  can  be  placed  on  the  market  and  concludes  on  a  case  by  case  basis 
whether  a  component  can  be  considered  to  be  a  ‘fitting’  in  the  meaning  of  the  GAD. 
Consequently,  the  GAD  Guidance  Sheet  facilitates  the  judgement  whether  an  individual 
component is covered by the Directive. 

A4.  Forced draught burners and heating bodies95 

The origin of the question whether forced draught burners and heating bodies to be equipped 
with  such  burners  to  be  considered  as  appliance  is  the  different  linguistic  versions  of  the 
Directive. Certain language versions refer to the heating bodies already equipped with forced 
draught burners. This raises questions as regards whether heating bodies to be equipped with 
these forced draught burners can be considered as gas appliances. 

The  GAD  Guidance  Sheet  refers  to  the  history  of  the  adoption  process  of  the  Directive 
suggesting  that  it  was  the  intention  of  the  legislator  was  to  cover  such  heating  bodies  as 
appliances. Therefore the scope is clarified by concluding that the GAD should be interpreted 

93  
94  
95  

http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_a02_6-2003_en.pdf  
http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_a03_11-2009_rev1_en.pdf  
http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_a04_6-2003_en.pdf  

EN 

102 

   EN 

 
                                                 
that  both  forced  draught  burners  and  heating  bodies  to  be  equipped  with  such  burners  are 
considered as appliances. 

A5.  Industrial processes carried out on industrial premises96 

The exclusion of appliances specifically designed for use in industrial processes carried out on 
industrial  premises  from  the  scope  of  the  GAD  has  raised  the  question  how  the  exclusion 
should  be  interpreted  as  several  undefined  notions  not  defined  in  the  GAD  are  referred  to. 
These notions are “industrial process”, “specific design” and “industrial premises”. 

The GAD Guidance Sheet provides definitions for the above notions and concludes that the 
GAD exclusions should be interpreted in a strict way, i.e. it needs to be considered on a case 
by case basis whether the appliance is both specifically designed for use in industrial process 
and  intended  to  be  put  into  service  on  industrial  premises.  The  scope  is  clarified  by 
concluding that only if all these requirements are fulfilled, is the appliance excluded from the 
scope of the Directive. 

B. Interpretations relating to the Essential Requirements of the Directive (Annex I) 

B1.  Hazard related to accessible flames (fire guarding)97 

Since the Essential Requirements in Annex I to the GAD do not specifically deal with the risk 
due  to  open  flames  but  only  requires  that  appliances  must  be  so  designed  and  built  as  to 
operate safely and present no danger to persons, domestic animals or property when normally 
used,  the  question  has  been  brought  forward  how  do  the  essential  requirements  address  the 
hazard  of  heating  appliances  with  accessible  flames  or  incandescent  parts  there  causing  a 
potential fire and injury risk where clothing or drapery might accidentally brush against them. 

The  GAD  Guidance  Sheet  clarifies  how  the  hazard  identified  must  be  addressed  by  design 
(Essential Requirement 1.1.) or by a combination of design and instructions for the installer 
(Essential  Requirements  1.1.  and  1.2.)  thus  facilitating  the  proper  interpretation  and 
application of the Directive. 

B2.  Safety in relation to electromagnetic phenomena98 

This  GAD  Guidance  Sheet  deals  with  the  question  how  are  gas  safety  risks  related  to 
electromagnetic  phenomena  dealt  with  by  the  Directive  for  gas  appliances  incorporating 
electrical and/or electronic components. This is particular important as none of the Essential 
Requirements specifically refers to the electromagnetic phenomena. 

The GAD Guidance Sheet draws the attention to the requirement that appliances must be so 
designed and built as to operate safely and present no danger to persons, domestic animals or 
property  when  normally  used.  As  gas  appliances  incorporating  electrical  and/or  electronic 
components  can  be  sensitive  to  electromagnetic  phenomena  which  may  affect  their  proper 
functioning or safety, it is stressed that also the Electromagnetic Phenomena (EMC) Directive 
applies to gas appliances incorporating electrical and/or electronic components. It is clarified 

96  
97  
98  

http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_a05_6-2003_en.pdf  
http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_b01_6-2003_en.pdf  
http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_b2_3-2009_rev1_en.pdf  

EN 

103 

   EN 

 
 
                                                 
that  the  issues  associated  with  the  proper  functioning  of  the  appliance  are  considered  under 
the EMC Directive, whilst the risks associated with the safety of the appliance are considered 
under the GAD, and that the notified body has to verify that the applicable requirements are 
met. Appropriate test documentation provided by the manufacturer may be used to avoid the 
duplication of testing. 

B3.  Heating body/forced draught burner matching99 

The GAD Essential requirement 1.2.1. stipulate that the technical instructions intended for the 
installer  must  contain  all  the  instructions  for  installation,  adjustment  and  servicing  required 
ensuring  that  those  operations  are  correctly  performed  and  that  the  appliance  may  be  used 
safely. In particular, the instructions must specify for forced draught burners and boiler bodies 
intended  to  be  equipped  with  such  burners,  their  characteristics,  the  requirements  for 
assembly,  to  assist  compliance  with  the  Essential  Requirements  applicable  to  finished 
appliances  and,  where  appropriate, 
the 
manufacturer. 

list  of  combinations  recommended  by 

the 

The GAD Guidance Sheet answers the question how should the manufacturer(s) of the forced 
draught  burners  and  boiler  bodies  provide  the  above  information  to  ensure  safe  boiler 
body/burner matching as this is not described in the legal text itself. 

In  order  to  clarify  what  specific  information  should  be  provided  to  ensure  that  the  burner-
boiler  matching  can  be  carried  out  safely,  the  GAD  Guidance  Sheet  separately  defines  the 
information  that  must  be  provided,  on  one  hand,  by  the  manufacturers  of  forced  draught 
burners, who markets the burners separately, and on the other hand, by manufacturer of boiler 
bodies not equipped with burners. 

In  order  to  further  clarify  how  to  precede,  an  Annex  providing  detailed  information  on  a 
procedure for ensuring safe boiler body - forced draught burner matching. 

B4.  Materials guaranteed100 

The Essential Requirement 2.2. of the GAD requires that the properties of materials that are 
important for safety must be guaranteed by the manufacturer or the supplier of the appliance. 

The manufacturers and Notified Bodies had asked for clarification what guarantee should be 
provided by the manufacturer to prove conformity with the Essential Requirement 2.2. for the 
purposes of EC type-examination. 

The GAD Guidance Sheet clarifies that the manufacturer is responsible for the choice of the 
materials, which he judges to be appropriate. During production the manufacturer checks that 
the materials delivered are in conformity to the specifications. It is further explained that the 
manufacturer  has  the  option  to  specify  that  the  supplier  has  to  supply  materials  with  a 
certificate  of  conformity.  A  notified  body  can  judge  the  materials  used  on  the  basis  of  the 
declaration provided by the manufacturer guaranteeing that he uses the material specified. The 
manufacturer’s  declaration  of  the  properties  of  materials  in  so  far  as  they  are  important  for 
safety should be part of the technical file. 

B5.  Hazards of electrical origin101 

99  
100  

http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_b03_2-2005-rev_1-1_en.pdf  
http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_b04_6-2003_en.pdf  

EN 

104 

   EN 

 
                                                 
The Essential Requirement 3.1.7. of the GAD stipulates that appliances must be so designed 
and  constructed  as  to  obviate  hazards  of  electrical  origin.  In  the  area  in  which  it  applies, 
compliance  with  the  safety  objectives  in  respect  of  electrical  hazards  laid  down  in  the  Low 
Voltage Directive (LVD) shall be equivalent to fulfilment of this requirement. 

As it has been necessary to clarify whether a manufacturers declaration of conformity to the 
LVD should be considered as a sufficient proof of conformity to Essential Requirement 3.1.7., 
the  GAD  Guidance  Sheets  has  been  elaborated  to  clearly  explain  what  are  the  different 
aspects and areas of hazards to be examined by the Notified Bodies. The GAD guidance Sheet 
highlights that the GAD and the LVD apply in a complementary way. For the assessment of 
the  conformity  of  the  electrical  components  and  parts  to  the  requirements  of  the  LVD, 
Notified Bodies shall take into account the results of the conformity assessment procedures of 
the LVD and accept a manufacturer’s declaration. However, potential gas risks generated by 
the incorporation or the functioning of such components and parts in gas appliances or fittings 
are to  be assessed under  the conformity assessment  procedures of the  GAD by the  Notified 
Bodies.  Consequently,  the  GAD  Guidance  Sheet  concretely  defines  the  matters  to  be 
examined by the GAD Notified Bodies. 

B6.  Failure of a safety, controlling or regulating device102 

The  Essential  Requirement  3.1.9.  of  the  GAD  requires  that  appliances  must  be  so  designed 
and  constructed  that  failure  of  a  safety,  controlling  or  regulating  device  may  not  lead  to  an 
unsafe situation. As in modern appliances it frequently happens that an electronic reset device 
is  applied  to  reset  the  appliance  after  certain  lock-out  modes  (failure  modes),  the 
manufacturers  and  Notified  Bodies  have  asked  for  clarification  what  kind  of  electric  reset 
devices are acceptable and what the necessary safety requirements for the use of such devices. 

This  GAD  Guidance  Sheet  deals  with  a  highly  technical  subject  and  its  elaboration  has 
required  involvement  of  very  skilled  technical  experts.  Consequently,  the  clarifications 
provided in the conclusion section of the GAD Guidance Sheet are of great value as otherwise 
the interpretation and application of the Essential Requirement 3.1.9. could be very difficult 
for e.g. SMEs.  

B7.  Unburned gas release103 

This GAD Guidance Sheet has been withdrawn. 

B8.  Ignition and combustion104 

This GAD Guidance Sheet clarifies what consideration shall be given to external influences 
which may affect ignition and combustion when testing gas appliances. The need is due to the 
Essential Requirement 3.3. requiring that appliances must be so constructed that, when used 
normally,  their  ignition  and  re-ignition  is  smooth  and  the  cross-lighting  is  assured. 
Furthermore,  the  Essential  Requirement  3.4.1.  stipulates  that  appliances  must  be  so 
constructed that, when used normally, flame stability is assured and combustion products do 
not contain unacceptable concentrations of substances harmful to health. 

101  
102  
103  

104  

http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_b05_6-2003_en.pdf  
http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_b06_6-2003_en.pdf  
http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_b07_2-2005-0withdrawn-002-
2008_en.pdf  
http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_b08_6-2003_en.pdf  

EN 

105 

   EN 

 
                                                                                                                                                         
The GAD Guidance Sheet provides response to the question by defining the tests to be carried 
out  and  the  conditions  under  which  these  tests  shall  be  performed  thus  facilitating  the 
manufacturers  to  identify  the  tests  to  be  applied  and  the  subsequent  conformity  assessment 
tasks of the Notified Bodies. 

B9.  Combustion105 

The Essential Requirement 3.4.3. of the GAD stipulates that appliances connected to a flue for 
the  dispersal  of  combustion  products  must  be  so  constructed  that  in  abnormal  draught 
conditions there is no release of combustion products in a dangerous quantity into the room 
concerned. 

The manufacturers have asked for clarification to the question whether the above requirement 
means that a special safety device must be incorporated into appliances and whether there will 
be conditions where this safety device is not needed, since the release of combustion products 
does not create a dangerous situation. 

The  GAD  Guidance  Sheet  notes  that  the  Essential  Requirement  refers  to  the  design  of 
appliances,  connected  to  a  flue  in  a  way  where  there  can  be  possibilities  that  a  release  of 
combustion products into the room can occur in the event of blockage of the flue or as result 
of down draught of the combustion products in the flue. It clearly lists, on one hand, the types 
of  installations  which  require  the  special  safety  device  and,  on  the  other  hand,  types  of 
installations  which  are  not  considered  to  give  rise  to  a  dangerous  quantity  combustion 
products. Consequently, the GAD Guidance Sheet facilitates judging whether or not a special 
technical solutions is required. 

B10.  Prevention of the release of combustion products in abnormal draught conditions106 

This GAD Guidance Sheet deals also with the Essential Requirement 3.4.3. but provides more 
concrete  information  on  the  requirements  that  should  be  set  on  electronic  combustion 
discharge  devices  (TTB)  used  to  guard  against  the  release  of  combustion  products  into 
occupied areas. 

B11.  Rational use of energy, state of the art107 

Due  to  the  very  generic  way  the  Essential  Requirement  3.5.  on  rational  use  of  energy  is 
written,  it  has  been  necessary  to  clarify  how  the  manufactures  can  demonstrate  compliance 
with this requirement. 

For gas boilers with heat input 4 kW - 400 kW it is confirmed that these boilers shall satisfy 
the requirements of the Directive 92/42/EEC (BED). For all other appliances guidance on the 
state  of  the  art  can  be  found  in  the  relevant  harmonised  European  standards  providing  the 
presumption  of  conformity  to  the  GAD.  It  is  additionally  highlighted  that  where  no 
harmonised standards exist, other standards likely to reflect the state of the art can be used as 
a basis for assessment. 

B12.  Remote controls108 

105  
106  
107  
108  

http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_b09_6-2003-rev_0-1_en.pdf  
http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_b10_6-2003_en.pdf  
http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_b11_6-2003_en.pdf  
http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_b12_2-2005_en.pdf  

EN 

106 

   EN 

 
                                                 
Since  the  adoption  of  the  GAD  in  1990  the  product  designs  have  evolved  and  many  gas 
appliances have features which were not common more than 20 years ago.  

As  the  Essential  Requirement  3.1.9.  requires  that  appliances  must  be  so  designed  and 
constructed that failure of a safety, controlling or regulating device may not lead to an unsafe 
situation,  and  the  Essential  Requirement  3.1.12.  stipulates  that  levers  and  other  controlling 
and setting devices must be clearly marked and give appropriate instructions so as to prevent 
any error in handling, and their design must be such as to preclude accidental manipulation, 
the  manufacturers  and  Notified  Bodies  had  found  it  important  to  seek  clarification  on  how 
these provisions should be applied with respect to remote controls for gas fires (a “gas fire” is 
understood to be an independent space heater for directly heating the area of the dwelling in 
which  it  is  installed,  it  can  be  open  or  closed  fronted,  having  an  open  fire  or  hot  surfaces 
respectively, presenting a potential risk in case of unintended operation). 

In  order  to  cover  as  many  as  possible  conditions  of  use  and  thus  hazards  to  be  taken  into 
account  by  the  manufacturers  and  the  Notified  Bodies,  the  GAD  Guidance  Sheet  provides 
examples  of  situations  where  the  use  of  remote  controls  can  give  rise  to  unsafe  situations 
through accidental manipulation, component fault or external uncontrolled influences. 

In order to concretely clarify which different solutions must be adopted in order to control the 
risks,  the  GAD  Guidance  Sheet  analyses  one  by  one  each  of  the  described  situations  and 
stipulates the minimum measures to be applied in order to deal with the risks.  

B13.    Electronic  distribution  of  instructions  and  manuals  (through  the  internet  or  by 
CD/DVD)109 

When placed on the market, all appliances must: 

- be accompanied by technical instructions intended for the installer, 

- be accompanied by instructions for use and servicing, intended for the user, 

- bear appropriate warning notices, which must also appear on the packaging. 

The manufacturers and Notified Bodies had asked whether it is allowed for the manufacturer 
to  use  internet  for  the  distribution  to  the  installer  and/or  user  of  the  technical  instructions 
intended  for  the  installer  and  the  instructions  for  use  and  servicing  intended  for  the  user. 
Furthermore,  it  was  asked  whether  it  is  allowed  for  the  manufacturer  to  make  the  above 
mentioned  instructions  available  to  the  installer  and/or  user  on  a  CD  or  DVD,  delivered 
together with the appliance. 

The  GAD  Guidance  Sheet  carefully  considers  the  different  aspects  to  be  taken  into  account 
and  clarifies  that  the  legal  text  to  be  complied  with  requires  that  hard  copies  of  the 
instructions  for  installation,  use  and  servicing  shall  be  provided  with  the  appliance.  It 
concludes  that  distribution  of  the  instructions  for  installation,  use  and  servicing  through 
internet or by a CD/DVD, without providing together with the appliance hard copies of these 
instructions in the appropriate language(s), is not complying with the provisions of the GAD. 

B14. The use of a special device (e.g. FSD) to fulfil ER 3.2.3. – according to EN 30-1-1110 

109  
110  

http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_b13_3-2009_en.pdf  
The  GAD  Guidance  Sheet  B14  was  approved  in  April  2013  and  has  not  yet  been  published  on  the 
Commission’s website. 

EN 

107 

   EN 

 
                                                 
This  recent  GAD  Guidance  Sheet  deals  with  the  Essential  Requirement  3.2.3  and  with  the 
way  how  the  requirement  is  responded  in  harmonised  standard  EN  30-1-1:2008  as  the 
publication of the standard has caused confusion on whether the second paragraph of ER 3.2.3 
is no longer an option for products covered by EN 30-1-1:2008. It was also asked if this can 
be the case if a Member State has defined the adequate space ventilation conditions according 
to the third paragraph of ER 3.2.3. 

The  GAD  Guidance  Sheets  clarifies  the  issue  by  showing  that  EN  30-1-1:2008  does  not 
require a flame supervision device (FSD) as was assumed by a number of stakeholders once 
the standard was published. The text of EN 30-1-1:2008  requiring the safety level of a FSD 
could  be  seen  as  an  indication  that  having  a  FSD  represents  the  current  state  of  technical 
development and that the manufacturers have to provide proof that a solution without a FSD 
is at least as safe as an appliance with a FSD.  

C. Interpretations relating to the procedures of the Directive (Annex II) 

C1.  Acceptance of manufacturers test results111 

In order to carry out the EC type-examination of an appliance, the notified body must  
•  perform,  or  have  performed,  the  appropriate  examinations  and/or  tests  to  check  whether 
the  solutions  adopted  by  the  manufacturer  meet  the  essential  requirements  where  the 
standards referred to in Article 5 have not been applied (Annex II: 1.3.2.); and 

•  1.3.3.  perform,  or  have  performed,  the  appropriate  examinations  and/or  tests  to  check 
whether  the  applicable  standards  have  effectively  been  applied  where  the  manufacturer 
has chosen to do so, thereby assuring conformity with the essential requirements (Annex 
II: 1.3.3.). 

The  Notified  Bodies  has  submitted  the  question  whether  a  notified  body  can  accept,  as  the 
basis for certification, the results of testing carried out in a manufacturer’s laboratory. 

The  GAD  Guidance  Sheet  clarifies  that  the  manufacturer’s  application  for  the  EC  type-
examination must include among other things the design documentation that can also contain 
test reports. The notified body must check and certify that an appliance, representative of the 
production envisaged, meets the provisions of the Directive which apply to it. As part of this 
work  the  design  documentation  is  subject  to  direct  assessment  by  the  notified  body. 
Consequently,  the  notified  body  can  use  the  manufacturer’s  test  results  however  it  has  to 
verify that all relevant criteria have been met. 

C2.  On-site checks112 

This GAD Guidance Sheet explains what measures a notified body should take in case where 
tests  as  defined  in  GAD  Annex  II:  2.3.  reveal  a  nonconformity.  Consequently,  the  GAD 
Guidance  Sheet  is  to  ensure  that  appropriate  and  harmonised  actions  are  taken  by  all  the 
notified bodies. 

C3.  On-site checks surveillance113 

111  
112  
113  

http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_c01_6-2003_en.pdf  
http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_c02_6-2003_en.pdf  
http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_c03_2-2005-rev_1_en.pdf  

EN 

108 

   EN 

 
                                                 
This GAD Guidance Sheet explains how the Notified Bodies should organise on-site checks 
of gas appliances and fittings in order to ensure compliance referred to in GAD Annex II: 2.3. 
It  explains  that  Notified  Bodies  may  take  into  account  of  all  activities,  initiated  by  the 
manufacturers  to  assure  conformity  with  the  CE  type-examination  certificates,  but  must 
assure that all relevant principal controls are carried out on the basis of a specific list annexed 
to the GAD Guidance Sheet. 

Consequently, the GAD Guidance Sheet is to ensure that appropriate and harmonised actions 
are taken by all the Notified Bodies. 

C4.  Quality system114 

This GAD Guidance Sheet provides clarification to two questions concerning the certification 
of a manufacturer’s quality system and whether specific certification is obligatory to meet the 
requirements of GAD Annex II sections 3 and 4. 

C5.  Examination and evaluation of the quality system115 

This GAD Guidance Sheet explains how the notified bodies should carry out the examination 
and evaluation of the quality system for production of gas appliances and fittings referred to 
in GAD Annex II, sections 3.3.3. and 4.3.3. It further explains that both the manufacturer and 
the notified body have roles to play when preparing a quality system for a subsequent audit; 
these roles and related responsibilities are further clarified.  

Consequently, the GAD Guidance Sheet is to ensure that both the manufacturers and notified 
bodies  are  aware  of  their  duties  and  that  harmonised  procedure  are  applied  by  all  those 
concerned. 

114  
115  

http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_c04_6-2003_en.pdf  
http://ec.europa.eu/enterprise/sectors/pressure-and-gas/files/guidance_c05_6-2003-rev_0_en.pdf  

EN 

109 

   EN 

 
                                                 
ANNEX X:  ADDITIONAL INFORMATION ABOUT THE APPLIED METHODOLOGY  

The aim of the assessment was to determine whether the proposed revisions under each option 
would deliver net benefits. 

Regarding  the  potential  problems  of  the  GAD  other  than  those  dealt  with  by  the  NLF,  a 
number  of  issues  raised  by  Member  States,  manufacturers  and  other  stakeholders  were 
investigated. After the IA Study (2012) had been carried out, it appeared that there is no need 
to extend the scope of the GAD implying that no major change is necessary. Consequently, 
the  impacts  of  the  revision  are  not  significant  as  the  issues  to  be  dealt  with  concern 
clarification  of  the  existing  legal  provisions  without  changing  the  scope.  No  new  product 
groups are brought within the GAD legal framework.. 

As the scope and the provisions of the GAD remain unchanged, it can be concluded that the 
proposal  does  in  practise  not  have  significant  economic,  social  or  environmental116  impacts 
except  those  minor  economic  and  social  impacts  of  proposed  clarifications  which  will  yet 
highly  facilitate  the  application  of  the  GAD  by  the  economic  operators  through  improved 
legal clarity and certainty. Consequently, it was impossible to derive quantitative data on any 
specific  impacts  however  the  expected  marginal  benefits  have  been  dealt  with  in  a 
proportionate way carrying out a qualitative assessment. 

Economic impacts 

It  has  been  assessed  whether  implementation  of  the  proposed  change  will  entail  costs  to 
manufacturers  and  market  surveillance  authorities.  For  instance,  clarification  and  technical 
updating  of  the  provisions  of  the  GAD  will  facilitate  the  application  of  the  GAD  (and  the 
simultaneously applicable EU legislation) contributing to reduction of administrative burden 
and  costs.  This  is  also  expected  to  improve  the  conditions  for  placing  on  the  market  of 
products across Europe by ensuring that safety and performance relevant information on the 
gas supply conditions will be made available for manufacturers.  

As noted above, it was not possible to monetise the effects since the proposed changes do not 
change in practise the legal framework for gas appliances and their fittings. 

Social impact 

The  social  impact  consists  mainly  of  benefits  to  the  health  and  safety  of  the  installers  and 
users  of  gas  appliances.  Since  some  of  the  proposed  changes  may  slightly  contribute  to  the 
reduction  of  accidents  and  fatalities  caused  by  gas  appliances  like  the  initiative  to  better 
define the contents of the communication of the gas supply conditions in the Member States 
and  improving  the  Essential  Requirements,  the  number  of  gas  incidents  can  be  expected  to 
reduce.  In  particular,  the  proposed  changes  may  contribute  through  the  following  two 
mechanisms: 

116   Environmental impacts are not considered even relevant for the proposal because they are not expected to 
be identifiable as none of the options are aimed at addressing aspects of gas appliances or changing their 
technical  requirements  (such  as  emissions  of  gases)  in  a  manner  which  would  affect  their  environmental 
impacts 

EN 

110 

   EN 

 
 
 
 
                                                 
• 

• 

Proportion  of  unsafe  products  on  the  market:  many  of  the  proposed  changes  are 
likely  to  slightly  decrease  the  number  of  products  not  compliant  with  the  local  gas 
supply  conditions;  the  introduction  of  the  specific  design  principles  will  slightly 
increase the inherent product safety and, in particular, will facilitate the work of the 
market surveillance authorities who will be able to more easily justify their measures 
in case they detect potentially unsafe products placed on the market.  

Reduction  of  legal  ambiguity:  clarification  of  the  scope  of  the  GAD  and  the 
relationship between the GAD and the EU energy efficiency legislation would reduce 
need  for  legal  interpretation  and  facilitate  the  application  of  EU  legislation  thus 
enabling the manufacturers more efficiently identify which legal requirements apply 
to their products. 

The assessment of each proposed change is based on its benefits including health and safety 
benefits, as well as improvements in legal clarity.  

Criteria 

The  criteria  used  in  the  options  appraisal  included  those  being  the  most  important  directly 
related to achieving the objectives of the GAD as follows: 

•  Effectiveness of the option: the extent to which the option achieves the objectives; 
•  Efficiency of the option: the extent to which the objective can be achieved for a given 

level of resources/at least cost (cost-effectiveness); and 

•  Coherence  of  the  option:  the  extent  to  which  the  option  is  coherent  with  the 

overarching objectives of EU policies, strategies and priorities. 

In order to carry out the qualitative appraisal of the options, the likelihood for the generated 
impacts had to be determined. Thus, the gas appliance sector’s expert assessment was used to 
estimate the extent and certainty of the impacts of an option against the efforts to be put in 
order to accomplish it. The findings and conclusions presented in the IA Study were carefully 
taken  into  account.  A  greater  certainty  of  effect  was  given  more  weight  by  providing  the 
option  respectively  with  a  lower  or  higher  score.  Consequently,  the  impacts  of  the 
amendments  aiming  to  improve  the  legal  clarity  and  certainty  were  considered  in  the 
following situations: 

•  Where  health  and  safety  as  well  as  product  performance  related  effects  were 

considered marginal; 

•  Where  health  and  safety  as  well  as  product  performance  related  effects  were 

considered (proportionally) significant; and 

•  Where there was insufficient data to determine the health and safety as well as product 
effects.

performance 

related 

EN 

111 

   EN 

 
ANNEX XI:  IN-DEPTH ANALYSIS OF THE POLICY OPTIONS AND COMPETITIVENESS 
PROOFING 

1. Scope - Product coverage 

1.1. General remarks 

The  amendment  proposes  to  include  in  the  Directive  appliances  with  a  normal  water 
temperature that exceeds 105oC. The 105oC limit was undertaken, at the time of adoption of 
the  GAD,  to  avoid  overlapping  with  national  legislation  covering  pressure  vessels.  As  the 
risks  due  to  pressure  are  subject  to  EU  product  harmonisation  legislation,  the  outdated 
exclusion  that  has  required  interpretation  of  the  Directive  and  has  enabled  avoiding  the 
application of the GAD in case the normal water temperature has been adjusted above 105oC 
can be removed. This will clarify the application of the GAD and ensure a more level playing 
field for manufacturers of products concerned.  

The majority of respondents to the Public Consultation (2011-2012) were of the opinion that 
this exclusion can be removed (see ANNEX I for more details). 

The  proposal  to  remove  the  exclusion  will  not  lead  to  any  conflict  with  the  current  EU 
harmonisation  legislation  that  has  replaced  the  national  legislation,  i.e.  the  Pressure 
Equipment  Directive  97/23/EC  (PED),  because  the  PED  deals  purely  with  hazards  due  to 
pressure  while  the  GAD  deals  with  risks  due  to  the  use  of  gas.  Consequently,  these  two 
Directives do not overlap. Only some very low pressure hazard products already regulated by 
the GAD are exempt from the scope of the PED i.e. the GAD applies instead of the PED. This 
is considered appropriate as some of the Essential Requirements of the GAD require that gas 
appliances  must  withstand  certain  mechanical  and  thermal  stresses.  However,  the  fact  that 
there is no risk of conflict is because of the non-overlapping scopes of these two Directives. 

Despite  of  the  removal  of  the  exclusion  of  appliances  with  a  normal  water  temperature 
exceeding  105oC,  the  scope  of  the  Directive  will  in  practise  remain  unchanged.  Domestic 
appliances  and  appliances  used  in  commercial  and  non-domestic  environments  do  not 
generally  have  a  normal  water  temperature  above  105oC.  Such  appliances  would  include 
appliances used in industrial processes however they will remain excluded from the scope. 

As  noted  earlier  in  this  report,  the  market  for  new  products  moved  within  the  scope  by  the 
amendment is assumed to be extremely marginal, if exists. It appeared not possible to identify 
any  designs  or  manufacturers  which  would  be  affected.  Consequently,  the  removal  of  the 
exclusion can be considered to have only minor or no impacts but the definitive improvement 
of the clarity of the scope. 

Impact score:  

+ + 

1.2. Social impact 

Since  no  data  or  information  about  incidents  with  gas  appliances  with  a  normal  water 
temperature  exceeding  105oC  could  be  detected,  it  is  assumed  that  the  market  for  these 
products is either extremely marginal or it does not exist. The proposed change does therefore 
not have identifiable impacts on the number of non-compliant products.  

However, the proposed change will ensure that avoiding the application of the GAD in case 
the normal water temperature has been adjusted above 105oC will not be possible any more 

EN 

112 

   EN 

 
 
 
implying that it will be ensured that only safe designs can be placed on the market implying 
that the consumers would benefit from enhanced safety. 

Impact score:  

0/+ 

1.3. Economic impact 

Since the scope of the GAD remains unchanged, the removal of the exclusion of appliances 
with a normal water temperature that exceeds 105oC has no identifiable economic impacts. 

The Ex-Post Evaluation Study (2011) showed that the testing and certification costs account 
for about 0.1% of the annual sales value of gas appliances thus the costs do not appear to be 
significant. The costs of testing and certification under the GAD also need to be offset against 
the  costs  of  meeting  different  requirements  in  different  countries  where  a  product  is  not 
subject  to  EU  product  harmonisation  legislation.  In  general,  industry  considers  that  GAD 
compliance  leads  to  benefits,  particularly  through  reducing  barriers  to  intra  EU  trade  and 
increasing sales, while also improving safety. 

If there were manufacturers affected, the balance between the additional compliance and other 
costs  to  companies  from  complying  with  the  GAD  and  the  benefits  to  companies  from  the 
more level playing field as well as the free movement of goods provided by the GAD should 
be compared. 

Impact score:  

0 

Impact on cost competitiveness 

Since  the  scope  of  the  GAD  remains  in  reality  unchanged,  the  removal  of  the  exclusion  of 
appliances with a normal water temperature that exceeds 105oC has no identifiable impacts on 
cost competitiveness. 

Impact score:  

0 

Impact on the capacity to innovate 

The scope of the GAD will remain unchanged implying that the proposed change is neutral as 
regards the capacity to innovate. 

Impact score:  

0 

Impact on international competitiveness 
The scope of the GAD will remain unchanged implying that the removal of the 105oC is not 
international  competitiveness  of  EU-based 
considered 
manufacturers. 

to  have  any 

impact  on 

the 

Impact score:  

0 

Impact on SMEs 

The  scope  of  the  GAD  is  considered  to  remain  unchanged.  Consequently,  no  impacts  on 
SMEs have been identified. 

Impact score:  

0 

Table  A.XI.1:  Comparing  the  options  for  the  proposed  change  1.  Scope  -  Product  coverage;  preferred 
option is highlighted in grey colour 

Effectiveness 

Efficiency 

Coherence 

Costs                    Benefits 

Scope - Product coverage (from 7.3.1.) 

EN 

113 

   EN 

 
 
Do nothing 
(see 7.3.1.1.) 

0 

0 

0 

0 

Soft law 
(see 7.3.1.2.) 

Legislative 
measure 

0 
Specific objective not 
met as the outdated 
temperature limit of 
105oC remains in the 
legal text making it 
possible to avoid 
applying the GAD 

++ 
Specific objectives fully 
met as outdated 
exclusion removed; 
improvement of health 
and safety by ensuring 
that only safe designs 
can be placed on the 
market; clear legal 
situation 

- 
Costs due to need for 
interpretation and 
examination on case 
by cases basis 
whether products 
covered by the GAD 

0 
No impact as no 
products with a 
normal water 
temperature 
exceeding 105oC 
were identified; in 
theory a more level 
playing field for 
manufacturers; one-
off adaptation of the 
legal text 

0 
None identified because 
the outdated 
temperature limit 
remains in the legal text 
making it possible to 
avoid applying the 
GAD 

+ 
Legal clarity reduces 
administrative burden 
thus costs; proactive 
measure ensuring safety 
of products with a 
normal water 
temperature exceeding 
105oC   

0 
No change implying 
that the options does not 
contribute to better 
regulation and Single 
Market Act, but the 
outdated reference to 
105oC remains 

++ 
Will optimally 
contribute to better 
regulation including and 
Single Market Act; 
clear legal situation 

2. Sector specific terminology and definitions 

2.1. General remarks 

The proposal will introduce definitions for the sector specific terminology used in the GAD to 
clarify  the  definition  of  the  scope  and  the  Essential  requirements.  This  change  aims  to 
significantly  facilitate  the  use  of  the  GAD  and  to  reduce  significantly  the  need  for  GAD 
Guidance Sheets. However, the proposed change will not modify the scope. Consequently, the 
proposal has minor impacts to the sector’s stakeholders and products. 

Impact score:  

+ + 

2.2. Social impact 

The proposal improves the clarity of the GAD without modifying its scope or provisions. The 
improved legal clarity facilitating the manufacturers to deduce if their products are covered by 
the  GAD  and  which  requirements  apply  will  contribute  to  reduction  of  non-compliant 
products on the market.  

Impact score:  

+ + 

2.3. Economic impact 

By adopting GAD Guidance Sheets based on a lay consensus it has been possible to ensure 
the consistent application of the Directive. However, occasionally need for new interpretation 
is  required  as  products  based  on  new  technologies  or  innovative  designs  are  placed  on  the 
market requiring determining whether they are covered by the GAD. To a great extent, this is 
caused by the absence of definitions for the sector specific terminology used in the Directive. 

EN 

114 

   EN 

 
For instance, the GAD does not define what e.g. the concepts of ‘cooking’ or ‘refrigeration’ 
cover.  If  the  definition  was  made  perfectly  clear  then  there  would  not  be  a  need  for  any 
guidance  on  this  matter.  Clarification  of  definition  will  assist  relevant  organisations  in 
deciding whether an appliance falls within the scope of the GAD or not. This should prevent 
any confusion and also reduce the administrative burden as the guidance document would not 
need to be referred to. The addition of clearer definitions will thus enhance the functioning of 
the internal market. 

Impact score:  

+ + 

Impact on cost competitiveness 

The existing interpretation of the terminology used in the GAD has ensured that the problem 
has  remained  small.  Consequently,  only  very  marginal  positive  impacts  on  the  cost 
competitiveness can be expected.  

Impact score:  

+ 

Impact on the capacity to innovate 

Both  the  scope  and  the  provisions  of  the  GAD  will  remain  unchanged  implying  that  the 
proposed change is neutral as regards the capacity to innovate. 

Impact score:  

0 

Impact on international competitiveness 

Incorporation of the definitions for the sector specific terminology used in the GAD will be 
done in order to improve the clarity of the Directive. As it will not imply any changes in the 
scope or GAD specific requirements, the proposed modification does not have any impacts on 
international competitiveness of EU-based manufacturers. 

Impact score:  

0 

Impact on SMEs 

The GAD is not changed implying that there are no impacts on SMEs. 

Impact score:  

0 

Table  A.XI.2:  Comparing  the  options  for  the  proposed  change  2.  Sector  specific  terminology  and 
definitions; preferred option is highlighted in grey colour 

Effectiveness 

Efficiency 

Coherence 

Costs                    Benefits 

Sector specific terminology and definitions (from 7.3.2.) 

Do nothing 
(see 7.3.2.1.) 

0 

0 

0 

0 

Soft law 
(see 7.3.2.2.) 

+ 
Specific objectives 
partly met but legal 
clarity and stability not 
reached as new time-
consuming and 
burdensome 
interpretation needs will 
arise due to new 
technologies and 
innovative products 
being placed on the 

- 
Elaboration of new 
interpretation will 
cause costs as time-
consuming and 
burdensome 
examination on case 
by case basis will be 
required 

+ 
Slight reduction of non-
compliant products as 
tailor-made 
interpretation reduces 
legal ambiguity 
resulting in some cost 
savings for 
manufacturers of 
products concerned 

+ 
Will slightly contribute 
to better regulation and 
Single Market Act; but 
the definitions for the 
sector specific 
terminology will remain 
missing from the legal 
text 

EN 

115 

   EN 

 
 
Legislative 
measure 

market 
++ 
Specific objectives fully 
met as the scope and 
Essential Requirements 
are clarified by 
introducing the 
necessary definitions in 
the legal text; clear legal 
situation 

0 
No specific costs; 
clarification of the 
scope and Essential 
requirements will 
reduce administrative 
burden and facilitate 
implementation 
resulting in savings 

++ 
Legal clarity reduces 
administrative burden 
thus costs; verification 
whether the GAD 
applies is facilitated; 
reduction of non-
compliant products thus 
improved safety 

++ 
Will optimally 
contribute to better 
regulation and Single 
Market Act; clear legal 
situation assured 

3. Communication of the types of gas and the corresponding supply pressures 

3.1. General remarks 

The  proposal  is  to  ensure  that  adequate  information  on  the  types  of  gas  and  corresponding 
supply  pressures  on  the  territories  of  the  Member  States  is  made  available  for  the 
manufacturers, notified bodies and other stakeholders who need this information relevant for 
the safety and correct performance of appliances; both of these aspects may have an impact on 
the design of a gas appliance and/or its fittings.  

The obligation to communicate the types of gas and corresponding supply pressures used on 
the territories of the Member States is already included in Article 2(2) of the GAD, without 
however providing any requirements for the contents of the communications. The established 
practise  is  to  communicate  the  gas  families  and  groups,  the  gross  Wobbe  indices  of  these 
gases  and  the  minimum/nominal/maximum  supply  pressures  of  gaseous  fuels.  The  proposal 
will include a given list of parameters to be communicated as well as a template to be used.   

The  issue  of  variations  in  the  gas  qualities  between  the  Member  states  will  remain  a 
framework  condition  affecting  significantly  in  the  free  movement  of  gas  appliances  and 
restricting their installation and putting into service as each individual appliance is designed to 
be compatible with certain specific gas qualities and supply pressures. As the gas quality can 
also vary within one single Member State, the only means to ensure the compatibility of the 
product  unit  with  the  gas  supply  conditions  at  the  place  of  its  installation  is  to  have  all  the 
necessary information on the gas supply conditions made available by harmonising the format 
and content of the national communications required under Article 2(2) of the Directive. 

Approximately  three  quarters  of  respondents  to  the  Public  Consultation  (2011-2012)  would 
like to see additional information relating to gas supply conditions in Member States be made 
available.  The  remaining  quarter  considered  that  the  harmonised  European  standards  could 
deal with the gas quality issue.  Also CEN needs accurate data on the types of gas and their 
supply pressures. 

The feedback from stakeholders shows that in the short term the proposed improved Article 
2(2)  communication  will  have  marginal  impacts  on  the  sector.  However,  the  gas  supply 
conditions in the EU are developing fast and the use of gaseous fuels from non-conventional 
sources increases constantly. This implies the identified problem with the inaccurate data on 
the  gas  supply  conditions  will  get  worse  and  worse  in  longer  term  if  no  action  is  taken. 
Consequently, the proposal will have significant positive impact in the long term. 

Impact score:  

+ + 

3.2. Social impact 

The proposed solution will be the best solution in terms of technical and legal clarity since it 
will stipulate precisely the parameters to be communicated as well as the format to be applied 

EN 

116 

   EN 

 
thus ensuring that all safety and performance relevant data on the gas supply conditions would 
be made available.  

Enabling  the  manufacturers  to  design  appliances  compatible  with  the  different  gas  supply 
conditions across Europe, the overall safety of users as well as those involved in installation 
of appliances will be improved117 due to reduction of non-compliant and thus unsafe designs 
marketed for use in the different regions of the EU. The compatibility of products with gases 
supplied is particularly important not only for their safety but also for ensuring and improving 
their energy efficiency. Adequate data on gas qualities will enable controlling the composition 
of the combustion products (emissions) of appliances. 

Impact score:  

+ + 

3.3. Economic impact 

Providing  manufacturers  of  gas  appliances  with  sufficient  information  regarding  the  gas 
supply  conditions  in  different  regions  of  the  Member  States  will  ensure  that  products  are 
designed and developed to ensure that they operate efficiently and safely throughout the EU. 
Also,  specifying  the  additional  gas  supply  conditions  along  with  the  format  in  which  these 
should  be  provided  to  the  Commission  by  relevant  national  authorities  will  simplify  the 
communication  procedure,  both  for  Member  States  and  the  European  Commission,  thus 
preventing confusion and reducing the administrative burden. 

Improving  and  clarifying  the  methodology  to  determine  the  compatibility  of  individual  gas 
appliances  designs,  i.e.  enabling  determining  the  “appliance  category”  of  each  design 
unambiguously, would also ensure that one harmonised method to refer to the compatibility 
of products with the gas supply conditions in the different regions of the EU in all other pieces 
of  EU  legislation  thus  ensuring  legal  clarity  and  consistency.  Such  harmonisation  together 
with  making  available  of  adequate  information  on  the  gas  supply  conditions  would  greatly 
facilitate market access and bring cost savings to manufacturers. 

So far that no concrete evidence of safety issues or barriers to trade have been identified that 
would be removed as a result of requiring additional gas supply information. Consequently, 
only minor immediate economic impacts can be expected. However, in medium and long term 
the  positive  impacts  of  the  adequacy  of  the  data  on  the  gas  supply  conditions  will  bring 
significant cost savings as the means to deal with the increasing use of gases from alternative 
sources (e.g. different qualities of biogas) would be in place.  

As the obligation to the types of gas and the corresponding supply pressures on the territories 
of  Member  States  is  already  included  in  the  current  Article  2(2)  of  the  GAD,  the  Member 
States  already  have  the  necessary  mechanisms  in  place  (since  the  adoption  of  the  GAD  in 

117   The  safety  of  constructions  workers,  gas  installers  and  users  can  be  endangered  in  the  future  if  adequate 
information on the types of gas and supply pressures is not available at the design phase of an appliance. As 
gas  appliances  are  very  sensitive  to  the  quality  of  gas  supplied  and  the  supply  pressure,  the  correct 
functioning  of  a  specific  appliance  designs  cannot  be  guaranteed  without  the  safety  and  performance 
relevant  information  on  the  type  of  gas  and  its  supply  pressure.  This  may  result  situations  where 
constructions  workers  and  gas  installers  installing,  testing  and  using  appliances  may  be  exposed  high 
concentrations of substances harmful to health (e.g. high CO emissions; CO cannot be smelled or seen but 
even very low concentrations may lead to a serious CO poisoning and death). Also the energy efficiency 
level  achieved  by  a  specific  design  depends  on  the  quality  of  the  data  on  the  type  of  gas  and  its  supply 
pressure. 

EN 

117 

   EN 

 
                                                 
1990).  Consequently,  the  proposal  better  clarifying  the  contents  and  format  of  the 
communication does not imply any economic impacts to the Member States. 

Impact score:  

+ + 

Impact on cost competitiveness 

It  is  assumed  that  technical  (i.e.  safety  and  performance  relevant  data  made  available)  and 
legal  (i.e.  clear  and  stable  legal  provisions  on  the  obligation  to  make  data  available) 
clarification  will  result  in  savings  in  the  future  though  difficult  to  quantify.  Since  all 
stakeholders  of  the  sector  are  equally  affected  by  the  proposed  change,  the  competitive 
positions between different companies and other economic operators are not changed. 

Impact score:  

+ 

Impact on the capacity to innovate 

Availability of adequate information on the types of gas and their supply pressures is the only 
means to ensure that appliance designs are safe and the required energy efficiency level can 
be achieved. Consequently, that the adequacy of the information is guaranteed by amending 
the legal text itself by defining the parameters and their ranges to be communicated as well as 
the  harmonised  form  of  the  communication  to  ensure  the  comparability  of  the  data  can  be 
expected  to  contribute  to  the  readiness  of  appliance  manufacturers  to  invest  in  product 
development and facilitate the market access of advanced and even tailor made products.  

Impact score:  

+ + 

Impact on international competitiveness 

No  specific  impact  on  the  on  the  international  competitiveness  of  EU-based  manufacturers 
can be foreseen because of the fact that the improved technical and legal clarity provided by 
the  proposed  change  is  limited  to  improving  availability  of  intra-EU  related  data.  The  data 
will be available also for manufacturers located outside EU. 

Impact score:  

0 

Impact on SMEs 

No special effects on SMEs could be detected, as the proposed change affects all companies 
in the same way. 

Impact score:  

0 

Table A.XI.3: Comparing the options for the proposed change 3. Communication of the types of gas and 
the corresponding supply pressures; preferred option is highlighted in grey colour 

Effectiveness 

Efficiency 

Coherence 

Costs                    Benefits 

Communication of the types of gas and the corresponding supply pressures (from 7.3.3.) 

Do nothing 

0 

0 

0 

0 

Soft law 
(see 7.3.3.1.) 

- 
Specific objectives not 
met since adoption of 
guidance might result in 
reliance on safety 
relevant data without 
cross-checking implying 
that unsafe designs 
might enter the market, 

- 
Costs related to 
developing guidance 
which would need to 
be frequently 
updated, lots of 
administrative burden 
due to difficulties to 
obtain adequate 

- 
Issuing guidance does 
not guarantee reduction 
of non-compliant 
products and may even 
mislead stakeholders to 
believe that reliable 
data is provided 
although guidance is 

- 
Will not contribute to 
better regulation and 
Single Market Act as 
unclear legal situation 
prevails 

EN 

118 

   EN 

 
 
Legislative 
measure 
(see 7.3.3.2.) 

no guarantee on 
adequate safety and 
performance related 
data 
++ 
Specific objectives fully 
met as it is ensured that 
adequate health, safety 
and performance 
relevant information is 
made available; clear 
legal situation 

safety and 
performance related 
data 

not legally binding 
interpretation 

++ 
Cost savings due to 
reliability of the data; 
reduction of 
administrative burden 
as contents and form 
of communication 
defined; means to 
verify the 
compatibility of 
products facilitates 
market access thus 
enabling benefit from 
wider markets 

++ 
Reduction of non-
compliant products; 
legal and technical 
clarity reduces 
administrative burden 
and contributes to 
readiness to invest on 
new products; product 
development facilitated 
as adequate information 
is available 

++ 
Will optimally 
contribute to better 
regulation and Single 
Market Act; clear legal 
situation assured 

4. Rational use of energy 

4.1. General remarks 

The proposal clarifies the principle issue of the relationship between Directive 2009/142/EC, 
in particular its Essential Requirement 3.5. on rational use of energy, and the EU legislation 
relating to energy efficiency like the implementing measures under the Ecodesign Directive. 
Furthermore, the proposal clarifies the relationship between the GAD and the other relevant 
EU legislation regarding e.g. the energy performance of buildings118, the promotion of the use 
of energy from renewable sources119 and cogeneration120. 

Aligning  the  Essential  Requirement  3.5.  with  the  main  requirements  as  defined  in  the  EU 
legislation relating to energy efficiency will facilitate interpretation and implementation of EU 
harmonisation legislation on the free movement of products and on environmental protection 
and energy savings in a comprehensive and coherent way.  

The  majority  of  respondents  to  the  Public  Consultation  (2011-2012)  did  not  consider  it 
necessary to deal with energy efficiency within the framework of the GAD in a more concrete 
way, because other Directives (such as the Ecodesign Directive and Eco-labelling Directive) 
will specifically consider this aspect. However, a number of stakeholders highlighted that the 
GAD  should  be  harmonised  with  the  Ecodesign  Directive  to  ensure  that  the  requirements 
under each do not conflict. 

Impact score:  

+ + 

4.2. Social impact 

The proposal will reduce significantly need for legal interpretation and clarify the application 
of simultaneously applicable EU legislation thus enabling the manufacturers more efficiently 
comply  with  the  legal  requirements  applying  to  their  products.  This  will  have  also  some 
positive effects on employment as it will provide clarification of the specific energy efficiency 

118   Directive 2002/91/EC on energy performance of buildings 
119   Directive  2009/28/EC  on  the  promotion  of  the  use  of  energy  from  renewable  sources  and  amending  and 

subsequently repealing Directives 2001/77/EC and 2003/30/EC 

120   Directive 2004/8/EC on the promotion of cogeneration based on a useful heat demand in the internal energy 

market and amending Directive 92/42/EEC 

EN 

119 

   EN 

 
                                                 
requirements  that  manufacturers  must  comply  with  thus  facilitating  achieving  the  Europe 
2020 target of a 20% increase in energy efficiency.  

Legal  clarity  will  enable  and  facilitate  manufacturers’  decision  making  to  invest  on  product 
development  which  was  impossible  or  at  least  difficult  in  case  not  being  able  to  identify 
which those legal provisions which apply to products. It is obvious that manufacturers refrain 
from developing new products in case not being able to expect that the investments will bring 
profits. This implies that the manufacturers could not benefit from the wider range of business 
opportunities created by the evolution of the EU energy efficiency legislation towards more 
demanding  performance  level  requirements  if  legal  ambiguity  would  remain.  This  would 
affect negatively the creation of jobs. 

No  significant  benefits  to  the  health  and  safety  of  consumers  are  expected  since  the 
amendment deals with an aspect not directly influencing the safety of products. The number 
of  products  not  compliant  with  the  specific  energy  efficiency  legislation  might  slightly 
decrease however this aspect is not an issue to be dealt with in the framework of the GAD. 

Impact score:  

+ + 

4.3. Economic impact 

The change is unlikely to result in any significant cost benefits in the short term except that 
the  improved  legal  clarity  is  expected  to  reduce  the  administrative  burden.  However, 
identification  of  the  legislation  that  must  be  complied  with  will  be  facilitated  resulting  in 
savings in the long term in comparison to the current situation where often also the national 
and  European  authorities'  involvement  is  required  in  order  to  provide  manufacturers  with 
advice  on  how  to  interpret  different  pieces  of  harmonisation  legislation,  which  seems  to  be 
overlapping. 

In  the  long  term,  it  is  assumed  that  the  manufacturers  readiness  to  invest  on  product 
development will bring economic benefits also in the form of increasing turn-overs and profits 
as the probabilities to fail in product development will reduce: safe and correctly performing 
appliances can be placed on the market with lower costs.  

Impact score:  

+ + 

Impact on cost competitiveness 

As explained above, legal and technical clarification will result in some savings in the future 
though it is not possible to quantify them. However, it is clear that reducing the need for legal 
interpretation and clarifying the application of simultaneously applicable EU legislation will 
enable  manufacturers  more  efficiently  comply  with  the  legal  requirements  applying  to  their 
products.  Consequently,  the  unit  costs  per  product  (line)  will  reduce  in  comparison  to  the 
current  situation  where  complex  legal  interpretation  is  often  required  before  designing  an 
appliance. 

Impact score:  

+ 

Impact on the capacity to innovate 

The proposal clarifies the application of the EU energy efficiency legislation thus enabling the 
manufacturers  to  focus  on  product  development  under  stable  legal  conditions.  This 
expectation  concerns  the  future  operating  environment  of  gas  appliance  manufacturers 
implying  that  no  specific  quantitative  data  on  the  potential  impacts  of  the  change  towards 
higher legal clarity has been possible to obtain. 

Impact score:  

+ 

EN 

120 

   EN 

 
Impact on international competitiveness 

The  improved  legal  clarity  will  enable  allocation  of  resources  to  research  and  product 
development  with  the  aim  of  introducing  sophisticated  products  with  high  energy  efficient 
providing potentially competitive advantages. 

Impact score:  

+ 

Impact on SMEs 

No special effects on SMEs could be identified, as the proposed change affects all companies 
in the same way. 

Impact score:  

0 

Table A.XI.4: Comparing the options for the proposed change 4. Rational use of energy; preferred option 
is highlighted in grey colour 

Effectiveness 

Efficiency 

Coherence 

Costs                    Benefits 

Rational use of energy (from 7.3.4.) 

Do nothing 
(see 7.3.4.1.) 

0 

0 

0 

0 

Soft law 
(see 7.3.4.2.) 

Legislative 
measure 

+ 
Specific objectives 
partly met as coherence 
of EU legislation only 
partially achieved, 
improved clarity 
regarding more specific 
energy efficiency 
legislation provided but 
the outdated 
terminology used in the 
GAD legal text and the 
very generic nature of 
the Essential 
Requirement 3.5. would 
continue to make it 
difficult to identify 
which regulations 
should be applied 
++ 
Specific objectives fully 
met as coherence of EU 
legislation is achieved; 
legal clarity regarding 
the relationship between 
the GAD and the more 
specific energy 
efficiency legislation is 
provided 

0 
Will contribute to better 
regulation and Single 
Market Act; but unclear 
legal situation remains 
unchanged 

- 
Costs related to 
developing guidance 
would occur because 
of the fast evolving 
situation with EU 
energy efficiency 
legislation, costs for 
manufacturers due to 
administrative burden 
to identify applicable 
legislation 

+ 
Guidance would 
slightly facilitate 
identification of 
legislation applying to 
products thus reducing 
costs; minor reduction 
of non-compliant 
products however 
impact falling outside 
the scope of the GAD 
where implementing 
measures under the 
Ecodesign Directive 
apply instead of the 
GAD 

+ 
Administrative 
burden is reduced, 
identification of 
legislation applying 
to products is 
facilitated and 
possible overlapping 
of requirements is 
avoided resulting in 
cost savings; stable 
legal conditions and 
clarity may 
contribute to 
increasing turn-overs 
and profits 

121 

++ 
Legal clarity reduces 
administrative burden; 
reduction of non-
compliant products as 
legal clarity facilitates 
identifying applicable 
regulations; enables 
allocation of resources 
to product development 
as legal framework is 
clearified 

++ 
Will optimally 
contribute to better 
regulation and Single 
Market Act; contributes 
to Europe 2020 
objective to improve 
energy efficiency; 
increases coherence of 
EU legislation; clear 
legal situation assured 

   EN 

EN 

 
 
 
5. Requirements 

5.1. General remarks 

The proposal deals with a concrete way with the few identified clarification and improvement 
needs of the Directive. These issues do not relate to any shortcomings, but aim to improve the 
readability  of  the  legal  provisions  and  highlight  the  importance  to  guarantee,  as  far  as 
justified,  the  high  inherent  safety  of  products.  In  substance,  the  Essential  Requirements  and 
other legal requirements of the GAD will remain almost unchanged except the introduction of 
the general design principles in Annex I of the Directive. Incorporation of a specific Article 
on more specific legislation will simplify the application of the EU harmonisation legislation. 

Impact score:  

+ 

5.2. Social impact 

There are no changes regarding the health and safety or performance of products except the 
introduction  of  the  general  design  principles  implying  that  the  proposal  has  minor  social 
impacts.  Improved  legal  clarity  and  readability  of  the  GAD  is  assumed  to  facilitate 
manufacturers  to  more  efficiently  comply  with  the  legal  requirements  thus  decreasing  the 
number  of  non-compliant  and  unsafe  products  on  the  market.  The  integration  of  explicit 
written  design  principles  takes  place  on  the  request  of  the  Member  States  and  other 
stakeholders in order to highlight the importance of the application of these principles and to 
proactively avoid products not presenting the highest standard of inherent safety being placed 
on the market. Highlighting the need to carefully consider the risks due to carbon monoxide 
(CO) where possible will also have a minor positive impact on improvement of the safety of 
products. 

Impact score:  

+ 

5.3. Economic impact 

The  responses  to  the  Public  Consultation  (2011-2012)  and  the  conclusions  made  in  the  IA 
Study (2012) confirmed that there are no shortcomings in the Articles, Essential requirements 
or  other  provisions  of  the  GAD.  Consequently,  the  proposed  improvements  to  the  GAD's 
legal text are mainly semantic without any or with only marginal impacts on manufacturers or 
product designs. 

The introduction of the general design principles will not cause additional costs, because they 
are  already  part  of  the  existing  system  based  on  the  New  Approach.  Consequently,  as  the 
introduction  of  the  general  design  principles  does  not  add  any  new  elements  on  the  already 
existing  design  and  manufacturing  requirements,  but  will  stress  what  is  the  approach 
manufacturers are expected to continue to apply in making their designs to comply with the 
existing  requirements,  there  are  no  additional  costs  for  those  manufacturers  complying 
already with the law. 

The proposal will facilitate the work of the market surveillance authorities who will be able to 
more easily justify their measures in case they detect potentially unsafe products placed on the 
market and find it obvious that the general design principles have not been applied. Some cost 
savings are therefore expected. 

Where manufacturers would need to modify their product designs due to introduction of the 
general design principles, one-off compliance costs could occur. However, neither the studies 
executed nor the responses to the Public Consultation (2011-2012) identified any products or 
manufacturers who would be affected by the change. 

Impact score:  

0/+ 

EN 

122 

   EN 

 
Impact on cost competitiveness 

The improved legal clarity will slightly reduce the costs since legal provisions to be complied 
with  can  be  identified  more  easily  and  the  need  for  interpretation  will  reduce.  The  general 
design principles are already applied by the sector's stakeholders implying that no additional 
costs due to their incorporation in the GAD can be expected. 

Impact score:  

+ 

Impact on the capacity to innovate 

Since  the  requirements  of  the  GAD  will  remain  in  practise  unchanged,  this  proposal  is 
assumed to be neutral as regards the capacity to innovate. 

Impact score:  

0 

Impact on international competitiveness 

The clarification of the Articles, Essential requirements and the other provisions of the GAD 
will not have impact on the on the international competitiveness of EU-based manufacturers. 

Impact score:  

0 

Impact on SMEs 

The  proposal  will  have,  in  general,  minor  impacts.  Furthermore,  all  economic  operators  are 
equally will be equally concerned implying that there are no specific impacts on SMEs. 

Impact score:  

0 

Table  A.XI.5:  Comparing  the  options  for  the  proposed  change  5.  Requirements;  preferred  option  is 
highlighted in grey colour 

Effectiveness 

Efficiency 

Coherence 

Costs                    Benefits 

Requirements (from 7.3.5.) 

Do nothing 
(see 7.3.5.1.) 

0 

0 

0 

0 

Soft law 
(see 7.3.5.2.) 

Legislative 
measure 

0 
Specific objectives 
partly met but impacts 
are marginal as no 
shortcomings with the 
current requirements 
were identified 
++ 
Specific objectives fully 
met as clarity of legal 
requirements is ensured; 
importance of inherent 
product safety is 
highlighted in the legal 
text; clear legal situation 
assured 

- 
Minor costs related to 
developing guidance 

+ 
No specific costs 
except cost savings 
for market 
surveillance who can 
more easily justify 
measures in case of 
unsafe products thus 
some cost savings 

+ 
Improved 
understanding of the 
requirements may 
slightly reduce the 
number of non-
compliant products  
+ 
Improved readability of 
requirements reduces 
slightly administrative 
burden; provides means 
to proactively deal with 
potentially non-
compliant products; 
facilitates the work of 
market surveillance 

+ 
Will slightly contribute 
to better regulation and 
Single Market Act 

+ 
Will contribute to better 
regulation and Single 
Market Act; improves 
slightly the clarity of 
the legal framework 

6. Competitiveness Proofing 

EN 

123 

   EN 

 
 
Considering the minor changes suggested to the GAD, a brief Competitiveness Proofing was 
carried out in order to reinforce the overall assessment of the impacts of the revision of the 
Directive. The aim  of the exercise was to check whether the suggested changes in the legal 
framework  for  gas  appliances  and  fittings  would  have  direct  or  indirect  impacts  on  the 
sector’s competitiveness. 

The  Competiveness  Study  (2009),  the  Ex-post  Evaluation  Study  (2011)  and  the  IA  Study 
(2012)  all  considered  also  aspects  relevant  for  a  sectorial  Competitiveness  Proofing.  In 
particular the first two studies focused, amongst others, to aspects like cost competitiveness, 
capacity to innovate and international competitiveness of the European gas appliances sector 
while the last one carefully examined the impacts of the alternative policy options presented 
in this Impact Assessment Report. 

In  Table  A.XI.1.  overview  of  the  types  of  impacts  to  the  competitiveness  that  might  be 
relevant  to  revision  of  the  GAD.  The  table  summarises  the  findings  of  the  above  sectorial 
studies and the outcome of the in-depth analysis presented in chapter 7. and this annex. 

Since  the  legal  framework  established  by  the  GAD  will  remain  unchanged,  the  economic 
operators  and  the  other  stakeholders  affected  by  the  GAD  will  also  remain  the  same  as 
currently. As noted earlier, the revision represents an exercise to improve the legal clarity and 
stability  in  the  sector.  All  the  current  rights, responsibilities  and  obligations  of  the  different 
parties affected by the GAD will be maintained without introducing any new sector specific 
provisions except the general design principles in Annex I to the GAD. 

Table A.XI.1: The types of impacts to the competitiveness which are most relevant to revision of the GAD 

Impact 
Cost and price competitiveness 
Cost of inputs 
Cost of capital 
Cost of labour 
Other compliance costs (e.g. reporting obligations) 
Cost of production, distribution, after-sales 

Price  of  outputs  (directly  not  through  the  cost,  e.g.  price 
controls) 
Capacity to innovate 
Capacity to produce and bring R&D to the market 

Capacity to product innovation 

innovation 

for  process 
Capacity 
marketing, and after-sales services) 
Access to risk capital 
International competitiveness 
Market shares (single market) 
Market shares (external market) 

(including  distribution, 

Positive – None – Negative 

None 
None 
None 
None 
Positive (but minor; mainly due to 
availability of adequate 
information about gas supply 
conditions in the Member States) 
None 

Positive (but minor; mainly due to 
adequate information about gas 
supply conditions and clarity 
regarding the energy efficiency 
legislation) 
Positive (mainly due to adequate 
information about gas supply 
conditions and clarity regarding the 
energy efficiency legislation) 
None 

None 

None 
Positive (but minor and indirect; 

EN 

124 

   EN 

 
Revealed comparative advantages 

readiness to invest on highly 
energy efficient products for EU 
market improves also the Global 
competitiveness of industry) 
None 

Since  the  legal  framework  established  by  the  GAD  will  remain  unchanged,  the  economic 
operators  and  the  other  stakeholders  affected  by  the  GAD  will  also  remain  the  same  as 
currently. As noted earlier, the revision represents an exercise to improve the legal clarity and 
stability  in  the  sector.  All  the  current  rights, responsibilities  and  obligations  of  the  different 
parties affected by the GAD will be maintained without introducing any new sector specific 
provisions except the general design principles in Annex I to the GAD. 

The impacts identified in Table A.XI.1. have been estimated in proportional manner: as the 
proposed changes to the GAD are mainly aim to improve its readability and legal clarity, the 
impacts referred to in the table should be seen as relative to the extent of the modifications, 
i.e. a positive impact in the framework of the revision of the GAD would not be considered as 
an identifiable impact in another context dealing e.g. with concrete modification of the scope 
of legislation concerned. 

In executing the Impact Assessment for the revision of the GAD no particular effects related 
to SMEs and their competitiveness have been identified. 

Consequently,  it  can  be  concluded  that  this  Impact  Assessment  does  not  need  to  look  in 
greater depth at the above impacts on sectorial competitiveness. 

EN 

125 

   EN