Yes.

The manufacturer have to carry out a risk analysis in order to identify all possible risks that the appliance/fitting may pose for the safety and health of persons and domestic animals and for property and determine the applicable requirements so as to design and construct the appliance/fitting taking into account the results of this risk assessment. An adequate analysis and assessment of the risks shall be part of the technical documentation to be submitted to the conformance assessment body by the manufacturer when lodging an application for CE type-examination. The manufacturer must document the assessment on how he has addressed the risks identified during the risk analysis so as to ensure that the appliance/fitting complies with the essential requirements applicable to it and that it can operate safely and present no danger to persons, domestic animals and property when normally used. Risks relevant to the risk analysis are (non-exhaustive list): I: Safety: - Explosion (gas or steam), - Fire, - Hot surface temperatures, - Poisoning (combustion gases, water and food), - Suffocation. - II: Health of persons and domestic animals: - Long term exposure to substances harmful to health When designing and constructing the appliance, and when drafting the instructions, the manufacturer shall envisage not only the intended use of the appliance, but also the reasonably foreseeable use. Following the risk analysis, the manufacturer shall select the most appropriate solution to cover the risk, being either: (a) eliminate or reduce risks as far as possible (inherently safe design and construction); (b) take the necessary protection measures in relation to risks that cannot be eliminated; (c) inform users of the residual risks due to any shortcomings of the protection measures adopted and indicate whether any particular precautions are required. Existing technical specifications (e.g. designated standards, if applicable) can be used to proof the most appropriate solution.

Answer

Answer

In case a designated standard is available, such a document is considered to reflect the generally acknowledged state of art at the time of the adoption of the standard concerned as far as the essential requirements it aims to cover are concerned. In case a standard is available as a revised /amended document agreed upon by the experts e.g. as EN standard but its reference numbers have not been published in the list of designated standards, this document could be used as a reference document to reflect the state of the art.

See article 15 and Annex V of the Gas Appliances Regulation. In particular, the CE DoC shall state that the fulfillment of the Gas appliances requirements has been demonstrated. By drawing up and signing the CE DoC, the manufacturer assumes responsibility for the compliance of the appliance/fitting to the Gas Appliances Regulation. The CE DoC shall have the model structure set out in Annex V of the Gas Appliances Regulation, shall contain the elements specified in the relevant modules set out in Annex III of the Gas Appliances Regulation and shall be continuously updated. Where the appliance/fitting is subject to both EU and UK regulations, a single DoC shall be drawn in respect of both acts. A DoC is required also for fittings.

The Gas Appliances Regulation does not cover spare parts. So, spare parts are outside the Gas Appliances Regulation scope. As a general rule spare parts need to comply with the regulations that were in place when the final product containing the original part was put on the market.

Fittings means safety devices, controlling devices or regulating devices and subassemblies thereof, designed to be incorporated into an appliance or to be assembled to constitute an appliance.

Appliances means appliances burning gaseous fuels used for cooking, refrigeration, air-conditioning, space heating, hot water production, lighting or washing.

From the moment there is a transfer between the fitting manufacturer and the appliance manufacturer, there is placing on the market of the fitting. In that case the Gas Appliances Regulation requirements apply to the fitting as such. Even if an appliance manufacturer orders a specific fitting for his appliance, there is a (first) making available on the market of the fitting, in the meaning of "making available on the market” means any supply of an appliance or a fitting for distribution or use on the market in the course of a commercial activity, whether in return for payment or free of charge. However, if the fitting is designed and produced within the internal manufacturing process of the appliance manufacturer, there is no legal transfer of the product and therefore no placing on the market. Consequently, the product is not considered formally as a "fitting" and therefore in that case, it is not subject to the Gas Appliances Regulation requirements. It is considered as a component of the appliance, and therefore its conformity to the Gas Appliances Regulation will be examined and assessed as part of the appliance and under the full responsibility of the appliance manufacturer. This covers for example the case of sub-contracting or cases of in-house design and construction under the full responsibility of the appliance manufacturer. Of course, the appliance which incorporates a component which would be qualified as a "fitting" in case of placing on the market must comply with the Gas Appliances Regulation.

No –The term has to be taken to have its natural meaning and covers use that is outside the intended use of the product but which could be reasonably expected, based on our knowledge today.