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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 Councilnote, and in particular Article 11(1), point (a), thereof,After consulting the committee established by Article 22(1) of Regulation (EU) No 1025/2012,Whereas:
(1)In accordance with Article 13 of Regulation (EU) 2016/426 of the European Parliament and Councilnote, appliances and fittings manufactured in conformity with a harmonised standard, the reference to which has been published in the Official Journal of the European Union, are to be presumed to comply with the essential requirements covered by such harmonised standard.
(2)By Commission Implementing Decision C(2023) 4789note, 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 this request, CEN and Cenelec drafted harmonised standards EN 497:2022 on specification for dedicated liquefied petroleum gas appliances – Multi purpose boiling burners for outdoor use – Cooking vessels with a diameter greater than 300 mm and EN 17476:2021 on specifications for dedicated liquefied petroleum gas appliances – LPG vapour pressure appliances incorporating a horizontal cartridge in the chassis as amended by EN 17476:2021/A1:2022. The references of those standards were not published in the Official Journal of the European Union.
(4)On 30 January 2023, Sweden raised a formal objection in accordance with Article 11 of Regulation (EU) No 1025/2012 against harmonised standard EN 17476:2021 as amended by EN 17476:2021/A1:2022. Sweden stated that the harmonised standard does not meet the essential requirements of points 1.1, 1.4 and 3.4.1 of Annex I to Regulation (EU) 2016/426, as the standard does not contain any requirement ensuring that the gas appliance operates safely when used at a low temperature and when used on a surface with a slight incline. Sweden argued that for a gas appliance intended for use outdoors for the purpose of heating, such use is reasonably foreseeable and should be regarded as normal.
(5)On 13 March 2023, Germany submitted a formal objection in accordance with Article 11 of Regulation (EU) No 1025/2012 against harmonised standard EN 17476:2021 as amended by EN 17476:2021/A1:2022. Germany explained that the harmonised standard does not meet the essential requirements of points 1.1, 1.2, 1.3(a), 1.4, 2 and 3.2.2, of Annex I to Regulation (EU) 2016/426. According to Germany, the standard does not provide sufficient information on the necessary requirements for the operation of adjustment devices to interrupt the gas supply in order to extinguish flames, and therefore the appliances do not operate safely as per point 1.1 of that Annex. Additionally, Germany stated that, following the cleaning of the appliances, the different parts could also be put back incorrectly, resulting in additional risks which have not been foreseen in that harmonised standard. Moreover, as the harmonised standard does not contain a requirement for a flame-supervision device for appliances other than heaters, risks may arise in the event of unimpeded gas flow coupled with malfunctioning ventilation when the devices are used contrary to their intended purpose. Germany contends that no distinction is made between imprinted and adhesive markings, which potentially leads to a risk of damage or loss of the marking thus not respecting point 2 of that Annex. Finally, Germany argues that the burner and the gas cartridge chamber should be covered so that the highest possible temperature radiation when in operation does not create hazardous conditions, with respect to the essential requirement in point 1.3(a) of that Annex.
(6)The formal objections raised by Sweden and Germany were discussed by the Committee on Appliances in its meeting on 17 October 2025.
(7)Having examined standard EN 17476:2021 as amended by EN 17476:2021/A1:2022, together with Member States’ representatives of the Committee on Appliances, the Commission concluded that the harmonised standard fails to meet the essential requirements set out in points 1.1, 1.2, 1.3(a), 1.4, 2, 3.2.2 and 3.4.1 of Annex I to Regulation (EU) 2016/426.
(8)On 12 April 2023, Germany raised a formal objection in accordance with Article 11 of Regulation (EU) No 1025/2012 against harmonised standard EN 497:2022. Germany explained that the harmonised standard does not meet the essential requirements of points 1.1, 1.3, 1.4, 3.2.2 and 3.2.3 of Annex I to Regulation (EU) 2016/426, as the standard does not contain any requirements for a flame supervision device and therefore gas released at any state of operation is not limited in order to avoid a dangerous accumulation of unburned gas in the appliance. The lack of a flame supervision device may result in gas continuing to flow after the flame has gone out, or, in the event that the gas is turned on and starts to flow, while the flame is not lit immediately, there may be an accumulation of gas which could explode when subsequently ignited, possibly causing burns.
(9)The formal objection raised by Germany was discussed by the Committee on Appliances in its meeting on 17 October 2025.
(10)Having examined harmonised standard EN 497:2022, together with Member States’ representatives of the Committee on Appliances, the Commission concluded that the harmonised standard fails to meet the essential requirements in points 1.1, 1.3, 1.4, 3.2.2 and 3.2.3 of Annex I to Regulation (EU) 2016/426.
(11)The references to harmonised standards EN 17476:2021 as amended by EN 17476:2021/A1:2022, as well as EN 497:2022, should therefore not be published in the Official Journal of the European Union,
HAS ADOPTED THIS DECISION:
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