in force 2026-05-29
32016R0426 → 02016R0426-20260529
Amended by Regulation (EU) 2024/2748 32024R2748
Regulation (EU) 2024/2748 of the European Parliament and of the Council of 9 October 2024 amending Regulations (EU) No 305/2011, (EU) 2016/424, (EU) 2016/425, (EU) 2016/426, (EU) 2023/988 and (EU) 2023/1230 as regards emergency procedures for the conformity assessment, presumption of conformity, adoption of common specifications and market surveillance due to an internal market emergency (Text with EEA relevance)
detected 2026-09-04
7 provisions touched — 7 substantive, 0 date-only, 6 disputed · 1 change without an explanation
Emendrix checks every change against three independent sources. Where they disagree it says so rather than picking a winner.
MODIFIED +702 −9 Art. 2 Definitions§
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2024-10-09
The list of definitions gains two new entries: point (32) defining crisis-relevant goods by reference to Article 3, point (6), of Regulation (EU) 2024/2747, and point (33) defining internal market emergency mode by reference to Article 3, point (3), of the same Regulation.
The prior version ended its list of definitions at point (31), the CE marking definition, without any reference to crisis-relevant goods or internal market emergency mode.
Cited: Art. 2, v2 · Art. 2, v1
text before / after
32016R0426 → 02016R0426-20260529
Article 2
Definitions
For the purposes of this Regulation the following definitions apply:
(1) appliances means appliances burning gaseous fuels used for cooking, refrigeration, air-conditioning, space heating, hot water production, lighting or washing, and also forced draught burners and heating bodies to be … 668 unchanged words … harmonising the conditions for the marketing of products;
(31) CE marking means a marking by which the manufacturer indicates that the appliance or the fitting is in conformity with the applicable requirements set out in Union harmonisation legislation providing for its affixing. affixing;
(32) crisis-relevant goods means crisis-relevant goods as defined in Article 3, point (6), of Regulation (EU) 2024/2747 of the European Parliament and of the Council
Regulation (EU) 2024/2747 of the European Parliament and of the Council of 9 October 2024 establishing a framework of measures, related to an internal market emergency and to the resilience of the internal market and amending Council Regulation (EC) No 2679/98 (Internal Market Emergency and Resilience Act) (OJ L, 2024/2747, 8.11.2024, ELI: http://data.europa.eu/eli/reg/2024/2747/oj).;
(33) internal market emergency mode means internal market emergency mode as defined in Article 3, point (3), of Regulation (EU) 2024/2747.
INSERTED +1,246 −0 Art. 40a Application of emergency procedures§
applies from: unknown (an inserted provision states its own application date only in prose)
Sources disagree — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.
A new Article 40a has been added, setting out conditions under which Articles 40b to 40e apply: an implementing act adopted under Article 28 of Regulation (EU) 2024/2747 covering the relevant appliances and fittings, a designation of those goods as crisis-relevant under Article 18(4) of that Regulation, and an activated internal market emergency mode under Article 18 of that Regulation, with Article 40c(7) stated to continue applying during that emergency mode and after its expiry or deactivation.
The new article also gives the Commission power to adopt implementing acts on corrective or restrictive actions, procedures, and specific labelling and traceability requirements for appliances and fittings placed on the market or used for the manufacturer's own purposes under Articles 40c and 40d, to be adopted under the examination procedure referred to in Article 42(3).
Cited: Art. 40a, v2
text before / after
inserted text (02016R0426-20260529)
Article 40a Application of emergency procedures 1. Articles 40b to 40e of this Regulation shall apply only if the Commission has adopted an implementing act pursuant to Article 28 of Regulation (EU) 2024/2747 with respect to appliances and fittings covered by this Regulation. 2. Articles 40b to 40e of this Regulation shall apply only to appliances and fittings which have been designated as crisis-relevant goods pursuant to Article 18(4) of Regulation (EU) 2024/2747. 3. Articles 40b to 40e of this Regulation shall apply only during the internal market emergency mode that has been activated in accordance with Article 18 of Regulation (EU) 2024/2747. However, Article 40c(7) of this Regulation shall apply during the internal market emergency mode and after its expiry or deactivation. 4. The Commission may adopt implementing acts regarding the corrective or restrictive actions to be taken, the procedures to be followed and the specific labelling and traceability requirements with respect to appliances and fittings placed on the market or used for the manufacturer’s own purposes in accordance with Articles 40c and 40d. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 42(3).
INSERTED +1,137 −0 Art. 40b Prioritisation of the conformity assessment of appliances and fittings designated as crisis-relevant goods§
applies from: unknown (an inserted provision states its own application date only in prose)
Sources disagree — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.
This new provision sets out that notified bodies must give priority processing to conformity assessment applications for appliances and fittings designated as crisis-relevant goods, regardless of when those applications were lodged relative to activation of the emergency procedures.
It further states that this prioritisation must not cause additional disproportionate costs for manufacturers, and that notified bodies must make reasonable efforts to increase their testing capacities for the affected appliances and fittings.
Cited: Art. 40b, v2
text before / after
inserted text (02016R0426-20260529)
Article 40b Prioritisation of the conformity assessment of appliances and fittings designated as crisis-relevant goods 1. This Article applies to all appliances and fittings listed in the implementing act referred to in Article 40a(1) that are subject to the conformity assessment procedures referred to in Article 14 that require the mandatory involvement of a notified body. 2. The notified bodies shall make best efforts to process as a matter of priority all applications for a conformity assessment of appliances and fittings referred to in paragraph 1 of this Article, irrespective of whether those applications have been lodged before or after the activation of the emergency procedures pursuant to Article 40a. 3. The prioritisation of applications for a conformity assessment of appliances and fittings pursuant to paragraph 2 shall not result in additional disproportionate costs for the manufacturers who have lodged those applications. 4. The notified bodies shall make reasonable efforts to increase their testing capacities for appliances and fittings referred to in paragraph 1 in respect of which they have been notified.
INSERTED +6,031 −0 Art. 40c Derogation from the conformity assessment procedures requiring the mandatory involvement of a notified body§
applies from: unknown (an inserted provision states its own application date only in prose)
Sources disagree — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.
This is a new provision setting out a derogation procedure allowing a Member State to authorise placing on the market or use of a specific appliance or fitting without the notified-body conformity assessment otherwise required, subject to conditions, Commission review, and eventual extension of validity across the Union.
It also specifies obligations on manufacturers, content requirements for any such authorisation, marking rules excluding CE marking, and market surveillance powers tied to authorisations granted under this article.
Cited: Art. 40c, v2
text before / after
inserted text (02016R0426-20260529)
Article 40c Derogation from the conformity assessment procedures requiring the mandatory involvement of a notified body 1. By way of derogation from Article 14, a Member State may authorise, on a duly justified request from an economic operator, the placing on the market or use for the manufacturer’s own purposes within the territory of that Member State, of a specific appliance or fitting listed in the implementing act referred to in Article 40a(1) and for which the conformity assessment procedures referred to in Article 14 that require the mandatory involvement of a notified body have not been carried out but for which the compliance with all the applicable essential requirements laid down in Annex I has been demonstrated in accordance with procedures referred to in that authorisation. 2. The Member State shall immediately inform the Commission and the other Member States of any authorisation granted in accordance with paragraph 1 of this Article. Provided that the requirements set out in the authorisation ensure conformity with the applicable essential requirements laid down in Annex I, the Commission shall adopt, without delay, an implementing act extending the validity of the authorisation granted by a Member State in accordance with paragraph 1 of this Article to the territory of the whole Union and shall set out the conditions under which the specific appliance or fitting may be placed on the market or used for the manufacturer’s own purposes. When preparing the draft implementing act, the Commission may request national market surveillance authorities to provide relevant information or comments regarding the technical assessment that served as the basis for the authorisation referred to in paragraph 1 of this Article. The implementing act shall be adopted in accordance with the examination procedure referred to in Article 42(3). The appliance or fitting subject to the extension of validity referred to in the first subparagraph shall bear the information that it is placed on the market or used for the manufacturer’s own purposes as a crisis-relevant good. The implementing act referred to in the first subparagraph shall specify the content and presentation of that information. That information, as well as any labelling, shall be clear, understandable and intelligible and, where relevant, in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned. 3. On duly justified imperative grounds of urgency relating to the need to preserve the health and safety of persons, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 42(4). 4. As long as an implementing act as referred to in paragraph 2 or 3 is not adopted, the authorisation granted by a competent national authority in one Member State shall be valid only on the territory of that Member State, and on the territories of any other Member States whose competent national authorities have recognised the validity of that authorisation before the adoption of such an implementing act. Member States shall inform the Commission and the other Member States of any decision to recognise the validity of that authorisation. 5. Manufacturers of appliances or fittings subject to the authorisation procedure referred to in paragraph 1 shall declare on their sole responsibility that the appliance or the fitting concerned complies with all the applicable essential requirements set out in Annex I and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the competent national authority. 6. Any authorisation issued pursuant to paragraph 1 shall set out the conditions and requirements under which the appliance or fitting may be placed on the market or used for the manufacturer’s own purposes. Such authorisations shall set out at least the following: (a) a description of the procedures, by means of which compliance with the applicable essential requirements set out in Annex I to this Regulation was successfully demonstrated; (b) any specific requirements regarding the traceability of the appliance or fitting concerned; (c) an end date of validity of the authorisation, which cannot go beyond the last day of the period for which the internal market emergency mode has been activated in accordance with Article 18 of Regulation (EU) 2024/2747; (d) any specific requirements regarding the need to ensure a continuous conformity assessment with respect to the appliance or fitting concerned; (e) measures to be taken upon expiry or deactivation of the internal market emergency mode with respect to the appliance or fitting concerned that has been placed on the market or used for the manufacturer’s own purposes. 7. By way of derogation from Articles 6, 16 and 17, appliances or fittings for which an authorisation has been granted in accordance with paragraph 1 of this Article shall not bear the CE marking and Article 6 shall not apply. 8. The market surveillance authorities of a Member State, where an authorisation pursuant to paragraphs 1, 2 and 4 of this Article is valid shall be entitled, with respect to such appliances or fittings, to take all corrective and restrictive actions at national level provided for under Regulation (EU) 2019/1020 of the European Parliament and of the Council Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1). and under this Regulation. They shall immediately inform the Commission and the market surveillance authorities of all other Member States of these actions. 9. The use of the authorisation procedure set out in paragraphs 1 to 4 of this Article shall not affect the application on the territory of the Member State concerned of the relevant conformity assessment procedures laid down in Article 14.
INSERTED +4,565 −0 Art. 40d Presumption of conformity based on standards and common specifications§
applies from: unknown (an inserted provision states its own application date only in prose)
Sources disagree — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.
This is a newly inserted article establishing a mechanism by which the Commission may adopt implementing acts listing standards or establishing common specifications for appliances or fittings designated as crisis-relevant goods, applicable when harmonised standards are missing or when disruptions from an activated internal market emergency mode restrict use of existing harmonised standards.
The provision sets out procedural steps for adopting and reviewing such acts, the duration of their application tied to the internal market emergency mode, the resulting presumption of conformity and its cessation, and a Member State mechanism for flagging inadequacies in a listed standard or specification to the Commission.
Cited: Art. 40d, v2
text before / after
inserted text (02016R0426-20260529)
Article 40d Presumption of conformity based on standards and common specifications 1. Where appliances or fittings have been designated as crisis-relevant goods, the Commission is empowered to adopt implementing acts, listing appropriate standards or establishing common specifications for such appliances or fittings to cover the applicable essential requirements set out in Annex I to this Regulation in the following cases: (a) where a reference to harmonised standards covering the applicable essential requirements set out in Annex I to this Regulation has not been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012 and no such reference is expected to be published within a reasonable period; or (b) where severe disruptions to the functioning of the internal market, which led to the activation of the internal market emergency mode in accordance with Article 18 of Regulation (EU) 2024/2747, significantly restrict the possibilities of manufacturers to make use of the harmonised standards that cover the applicable essential requirements set out in Annex I to this Regulation and the references of which have already been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012. 2. The implementing acts referred to in paragraph 1 shall set out the most appropriate alternative technical solution for the purposes of providing a presumption of conformity in accordance with paragraph 5. To that end, references of European standards or references of relevant applicable national or international standards may be published in those implementing acts or, if there is no European standard or relevant applicable national or international standard, common specifications may be established by those implementing acts. 3. The implementing acts referred to in paragraph 1 of this Article shall be adopted in accordance with the examination procedure referred to in Article 42(3) and shall apply until the last day of the period during which the internal market emergency mode is activated, unless such implementing acts are amended or repealed in accordance with paragraph 7 of this Article. 4. Before preparing the draft implementing act referred to in paragraph 1 of this Article, the Commission shall inform the committee referred to in Article 22 of Regulation (EU) No 1025/2012 that it considers that the conditions in paragraph 1 of this Article have been fulfilled. When preparing that draft implementing act, the Commission shall take into account the views of relevant bodies or expert groups established under this Regulation and shall duly consult all relevant stakeholders. 5. Without prejudice to Article 13, appliances or fittings that are in conformity with the standards or common specifications referred to in paragraph 1 of this Article, or parts thereof, shall be presumed to be in conformity with the applicable essential requirements set out in Annex I that are covered by those standards, common specifications or parts thereof. From the day following the expiry or deactivation of the internal market emergency mode, it shall no longer be possible for manufacturers to rely on the presumption of conformity provided by the standards or the common specifications referred to in the implementing acts referred to in paragraph 1 of this Article. 6. By way of derogation from Article 40a(3), first subparagraph, unless there is sufficient reason to believe that the appliances or fittings covered by the standards or common specifications referred to in paragraph 1 of this Article present a risk to the health or safety of persons, the appliances or fittings that are in conformity with those standards or common specifications and which have been placed on the market or used for the manufacturer’s own purposes shall be deemed to be in conformity with the applicable essential requirements set out in Annex I after the expiry or repeal of an implementing act adopted pursuant to paragraph 3 of this Article and after the expiry or deactivation of the internal market emergency mode. 7. When a Member State considers that a standard or common specification as referred to in paragraph 1 does not entirely satisfy the applicable essential requirements set out in Annex I, it shall inform the Commission thereof by submitting a detailed explanation. The Commission shall assess that detailed explanation and may, if appropriate, amend or repeal the implementing act listing the standard or establishing the common specification in question.
INSERTED +984 −0 Art. 40e Prioritisation of market surveillance activities and mutual assistance among authorities§
applies from: unknown (an inserted provision states its own application date only in prose)
Sources disagree — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.
A new Article 40e has been added, requiring Member States to prioritise market surveillance activities for appliances and fittings listed in the implementing act referred to in Article 40a(1), with the Commission facilitating coordination of that prioritisation through the Union Product Compliance Network under Regulation (EU) 2019/1020.
It also has market surveillance authorities of the Member States making best efforts to assist other such authorities during an internal market emergency mode, including through mobilising and dispatching expert teams or providing logistical support such as reinforced testing capacity for the same listed appliances and fittings.
Cited: Art. 40e, v2
text before / after
inserted text (02016R0426-20260529)
Article 40e Prioritisation of market surveillance activities and mutual assistance among authorities 1. Member States shall prioritise the market surveillance activities for appliances and fittings listed in the implementing act referred to in Article 40a(1) of this Regulation. The Commission shall facilitate coordination of such prioritisation efforts through the Union Product Compliance Network established under Article 29 of Regulation (EU) 2019/1020. 2. The market surveillance authorities of the Member States shall ensure that best efforts are made to provide assistance to other market surveillance authorities during an internal market emergency mode, including by mobilising and dispatching expert teams to temporarily reinforce the staff of market surveillance authorities requesting assistance or by providing logistical support, such as the reinforcement of the testing capacity for appliances and fittings listed in the implementing act referred to in Article 40a(1).
INSERTED ±0 CHA Va§
applies from: unknown
Sources disagree — the EU's own amendment metadata found this change; the text comparison finds no difference in the provision's text and the amending act's instructions do not mention it. All are shown; none is overruled.
No explanation shipped — the structural diff did not see this change, so it carries no text; another signal named the unit and the disagreement ships as `disputed`.
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No text on either side: this unit was named by a signal that carries no text, and only the structural diff carries any.
The full entry, with the citation mapping v1 = 32016R0426, v2 = 02016R0426-20260529, is committed at eu/32016R0426/CHANGELOG.md.