Mechanical engineering and means of transport
Gas Appliances (GAR)
REGULATION (EU) 2016 / 426
Date:
Scope of application
Area of application
1. This Regulation shall apply to apparatus and equipment.
2. For the purposes of this Regulation, appliances shall be deemed to be "in normal working order"
when:
a) are correctly installed and are subject to periodic maintenance in accordance with the instructions
from the manufacturer;
b) are used with the normal variation in gas quality and the normal fluctuation in supply pressure that
have been set out by the Member States in their communication pursuant to Article 4(1);
c) are used in accordance with the intended purposes, or in any other reasonably foreseeable manner.
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6. This Regulation shall be without prejudice to the obligation of Member States to adopt measures with regard to the promotion of the use of energy from renewable sources and the energy efficiency of buildings, in accordance with Directives 2009/28/EC, 2010/31/EU and 2012/27/EU. Such measures shall be compatible with the TFEU.
Exceptions
Area of application
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3. This Regulation shall not apply to equipment specifically designed: a) for use in industrial processes carried out in industrial installations; b) for use in aircraft and railways; c) for research purposes for temporary use in laboratories. For the purposes of this paragraph, equipment shall be deemed to be "specifically designed" where the design is intended exclusively to meet a specific need for a specific process or use.
4. Where, in relation to apparatus or equipment, the aspects regulated by this Regulation are already regulated more specifically in other acts of Union harmonisation legislation, this Regulation shall not apply or shall cease to apply to such apparatus or equipment with respect to those aspects. 5. The essential requirement on the rational use of energy set out in point 3.5 of Annex I shall not apply to apparatus to which a measure adopted pursuant to Article 15 of Directive 2009/125/EC applies.
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Legal texts