Is a ventilation unit connected to a professional kitchen included in the scope of Regulation 1253/2014?

To assess if a ventilation unit to be installed in/in connection with a professional kitchen is in the scope of Regulation (EU)1253/2014, the general guidance principle laid down in the reply to the question 5 should be considered on a case by case analysis:

one should check the two following main aspects:

• product functionality (i.e. if the ventilation units is intended replace utilised air by outdoor air);

• if the building (or its part) where the ventilation units will be installed, is designed for/foresees human occupancy.

_{Disclaimer: Please note that the European Commission cannot provide a legally binding interpretation of the EU legislation, as this is the sole competence of the European Court of Justice. Any remarks from the European Commission services are without prejudice to the position the Commission might take should related cases arise in a procedure before the Court of Justice.}