Commission Implementing Decision (EU) 2024/224 of 10 January 2024 on the harmonised standards for appliances burning gaseous fuels drafted in support of Regulation (EU) 2016/426 of the European Parliament and of the Council
Date: 2024-01-10
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: European standard, gas appliance, harmonisation of standards, market approval, marketing standard, safety standard, technical specification, technical standard








L_202400224EN.000101.fmx.xml












Official Journal of the European Union


EN
Series L













2024/224


12.1.2024







            COMMISSION IMPLEMENTING DECISION (EU) 2024/224
of 10 January 2024
         
on the harmonised standards for appliances burning gaseous fuels drafted in support of Regulation (EU) 2016/426 of the European Parliament and of the Council
(Text with EEA relevance)


THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (1), and in particular Article 10(6) thereof,

Whereas:







(1)


In accordance with Article 13 of Regulation (EU) 2016/426 of the European Parliament and of the Council (2), appliances and fittings which are in conformity with harmonised standards or parts thereof, the references of which have been published in the Official Journal of the European Union, are to be presumed to be in conformity with the essential requirements covered by those standards or parts thereof set out in that Regulation.












(2)


By Commission Implementing Decision C(2023)4789 (3) (‘the request) the Commission made a request to the European Committee for Standardization (CEN) and to the European Committee for Electrotechnical Standardization (Cenelec) for the revision of existing harmonised standards drafted on the basis of standardisation mandate M/BC/CEN/06-89 of 29 April 1990 to ensure that they continue to reflect the generally acknowledged state of the art in order to meet the essential health and safety requirements set out in Annex I to Regulation (EU) 2016/426.












(3)


On the basis of the request, CEN drafted the new harmonised standards EN 30-1-1:2021 on the general safety for domestic cooking appliances burning gas and EN 30-1-2:2023 on safety for appliances having forced-convections ovens. CEN also drafted the following standards on gas heated catering equipment: EN 203-1:2021 for general safety requirements, EN 203-2-1:2021 for specific requirements for open burners and wok burners, EN 203-2-2:2021 for specific requirements for ovens, EN 203-2-4:2021 for specific requirements for fryers. Additionally, CEN drafted harmonised standards EN 549:2019+A1:2023 on rubber materials for seals and diaphragms for gas appliances and gas equipment, EN 751-3:2022 for unsintered PTFE tapes and PTFE strings on sealing materials for metallic threaded joints in contact with 1st, 2nd and 3rd family gases and hot water, EN 15502-1:2021 for general requirements and tests for gas-fired heating boilers and EN 16898:2022 gas filters having a maximum working pressure up to and including 600 kPa.












(4)


On the basis of the request, CEN also drafted the following harmonised standards: EN 88-1:2022 on pressure regulators for inlet pressures up to and including 50kPa, EN 257:2022 on mechanical thermostats for gas-burning appliances, EN 1106:2022 on manually operated taps for gas burning appliances, EN 1854:2022 on pressure sensing devices for gas burners and gas burning appliances and EN 15502-2-1:2022 on type C appliances and type B2, B3 and B5 appliances of a nominal heat input not exceeding 1 000 kW.












(5)


The Commission together with CEN has assessed whether the standards drafted by CEN comply with the request.












(6)


Having examined the standard EN 30-1-1:2021 the Commission concluded that the standard fails to satisfy the essential requirements set out in point 3.2.4 and in point 3.4.4 of Annex I to Regulation (EU) 2016/426 namely the requirements that appliances designed and constructed to burn gas containing carbon monoxide or other toxic components are not to present a danger to the health of persons and domestic animals exposed and that appliances are to be designated and constructed, when normally used, they do not cause a concentration of carbon monoxide or other substances harmful to health. With regards to the requirement set out in point 3.2.4 of Annex I to Regulation (EU) 2016/426, the standard does not sufficiently cover the use of gas containing carbon monoxide or other toxic components. Moreover, with regards to the requirement set out in point 3.4.4 of the Annex I to that Regulation, it appears that the standard only fulfils the requirement for carbon monoxide but not for other harmful concentrations of other substances likely to present a danger to health.












(7)


The harmonised standards drafted, by CEN on the basis of the request, except for harmonised standard EN 30-1-1:2021, satisfy the requirements which they aim to cover and which are set out in Annex I to Regulation (EU) 2016/426.It is therefore appropriate to publish the references of those standards in the Official Journal of the European Union, together with references of any relevant amending or correcting standards thereto. Given that standard EN 30-1-1:2021 fails to fulfil the essentials requirements set out in points 3.2.4 and 3.4.4 of Annex I to Regulation (EU) 2016/426, it should be published with restriction.












(8)


The last series of standards giving presumption of conformity with Directive 2009/142/EC of the European Parliament and of the Council (4), which has been replaced by Regulation (EU) 2016/426, was published under Communication 2018/C 118/05 (5). That Communication expired on 21 April 2018. Therefore, there are currently no published harmonised standards giving presumption of conformity with the essential requirements set out in Annex I to Regulation (EU) 2016/426.












(9)


In the interests of clarity and rationality, a complete list of references of harmonised standards drafted in support of Regulation (EU) 2016/426 and satisfying the requirements they aim to cover should be published in a single act.












(10)


Compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in Union harmonisation legislation from the date of publication of the reference of such standard in the Official Journal of the European Union. This Decision should therefore enter into force on the day of its publication,





HAS ADOPTED THIS DECISION:



Article 1
The references of harmonised standards for appliances burning gaseous fuels and fittings drafted in support of Regulation (EU) 2016/426, listed in Annex I to this Decision, are hereby published in the Official Journal of the European Union.


Article 2
This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.




Done at Brussels, 10 January 2024.


For the Commission


The President

Ursula VON DER LEYEN
            





(1)  
            OJ L 316, 14.11.2012, p. 12, ELI: http://data.europa.eu/eli/reg/2012/1025/oj

(2)  Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC (OJ L 81, 31.3.2016, p. 99, ELI: http://data.europa.eu/eli/reg/2016/426/oj).

(3)  Commission Implementing Decision C(2023)4789 of 20 July 2023 on a standardisation request to the European Committee for Standardization and the European Committee for Electrotechnical Standardization as regards gas appliances and fittings in support of Regulation (EU) 2016/426 of the European Parliament and of the Council.

(4)  Directive 2009/142/EC of the European Parliament and of the Council of 30 November 2009 relating to appliances burning gaseous fuels (OJ L 330, 16.12.2009, p. 10, ELI: http://data.europa.eu/eli/dir/2009/142/oj).

(5)  Commission communication in the framework of the implementation of Directive 2009/142/EC of the European Parliament and of the Council relating to appliances burning gaseous fuels (Publication of titles and references of harmonised standards under Union harmonisation legislation (OJ C 118, 4.4.2018, p. 4).




ANNEX






No


Reference of the standard




1.


EN 30-1-1:2021
Domestic cooking appliances burning gas – Part 1-1: Safety – General
Restrictions:






(a)


EN 30-1-1:2021 does not cover the essential requirement set out in point 3.2.4 of Annex I to Regulation (EU) 2016/426.










(b)


EN 30-1-1:2021 covers the essential requirement set out in point 3.4.4 of Annex I to Regulation (EU) 2016/426 as regards carbon monoxide but does not cover that requirement as regards other harmful concentrations of substances likely to present a danger to health.








2.


EN 30-1-2:2023
Domestic cooking appliances burning gas – Part 1-2: Safety – Appliances having forced-convection ovens




3.


EN 88-1:2022
Safety and control devices for gas burners and gas burning appliances – Part 1: Pressure regulators for inlet pressures up to and including 50 kPa




4.


EN 203-1:2021
Gas heated catering equipment – Part 1: General safety requirements




5.


EN 203-2-1:2021
Gas heated catering equipment – Part 2-1: Specific requirements – Open burners and wok burners




6.


EN 203-2-2:2021
Gas heated catering equipment – Part 2-2: Specific requirements – Ovens




7.


EN 203-2-4:2021
Gas heated catering equipment – Part 2-4: Specific requirements – Fryers




8.


EN 257:2022
Mechanical thermostats for gas-burning appliances




9.


EN 549:2019+A1:2023
Rubber materials for seals and diaphragms for gas appliances and gas equipment




10.


EN 751-3:2022
Sealing materials for metallic threaded joints in contact with 1st, 2nd and 3rd family gases and hot water – Part 3: Unsintered PTFE tapes and PTFE strings




11.


EN 1106:2022
Manually operated taps for gas burning appliances




12.


EN 1854:2022
Safety and control devices for burners and appliances burning gaseous and/or liquid fuels – Pressure sensing devices for gas burners and gas burning appliances




13.


EN 15502-1:2021
Gas-fired heating boilers – Part 1: General requirements and tests




14.


EN 15502-2-1:2022
Gas-fired central heating boilers – Part 2-1: Specific standard for type C appliances and type B2, B3 and B5 appliances of a nominal heat input not exceeding 1 000  kW




15.


EN 16898:2022
Safety and control devices for gas burners and gas burning appliances – Gas filters having a maximum working pressure up to and including 600 kPa







ELI: http://data.europa.eu/eli/dec_impl/2024/224/oj
ISSN 1977-0677 (electronic edition)