EU Requirements: Regulation 2016/426 (the “EU Gas Appliances Regulation”) sets out requirements relating to gas appliances and fittings. The requirements include safety objectives for the design and manufacture of gas appliances, labelling requirements, and the applicable conformity assessment procedures. The EU Gas Appliances Regulation also sets out obligations of manufacturers, importers, and distributors.
It is your responsibility to comply with the EU requirements if you are selling gas appliances and fittings in the UK. You must also comply with national laws and regulations in Member States in which you sell these products.
Please see below for further information about EU requirements.
UK Requirements: Until the end of the Brexit transition period (December 31, 2020), Regulation 2016/426 (the “EU Gas Appliances Regulation”) sets out requirements relating to gas appliances and fittings. The requirements include safety objectives for the design and manufacture of gas appliances, labelling requirements and the applicable conformity assessment procedures. The EU Gas Appliances Regulation also sets out obligations of manufacturers, importers and distributors.
After the end of the Brexit transition period (December 31, 2020), an amended version of the EU Gas Appliances Regulation will apply to gas appliances and fittings as a result of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (the “UK Regulation on Gas Appliances”). Different rules apply to goods you sell in:
It is your responsibility to comply with the UK requirements if you are selling gas appliances and fittings in the UK. If you also sell on Amazon EU (website(s), then you must also comply with the EU Gas Appliances Regulation and with other national requirements in the countries in which you sell these products.
Please see below for further information about UK requirements.
This material is for information purposes only. It is not intended as legal advice. We encourage you to consult your legal counsel if you have questions about the laws and regulations relating to your product. This material only reflects the position at the date of writing and requirements in the UK may change – particularly in light of the developing position with Brexit. You should refer to current UK Brexit guidance about your products (see below) to learn more about changes that may affect you following the end of the transition period.
The EU Gas Appliances Regulation applies to appliances and fittings.
The EU Gas Appliances Regulation does not apply to appliances specifically designed for:
The EU Gas Appliances Regulation sets out obligations for manufacturers, authorised representatives, importers and distributors of appliances and fittings.
Declaration of Conformity and CE marking
Manufacturer responsibilities include the following:
Manufacturers may appoint an authorised representative to carry out their obligations, excluding:
Importer responsibilities include ensuring:
Distributor responsibilities include:
Labelling and information
Manufacturers must ensure that the appliances and fittings are marked with:
Importers must ensure that the appliances and fittings are marked with:
Distributors must ensure and verify the following:
Where it is not possible for this information to be on the appliance or fitting itself, the above information should be on its packaging or a document accompanying the electrical equipment.
In addition, the appliance must be accompanied by instructions and required safety information. Fittings must be accompanied by a copy of the EU declaration of conformity, which should include instructions for incorporation or assembly, adjustment, operation, and maintenance.
In the case of appliances, the above information should be in a language that can be easily understood by end users and authorities. In the case of fittings, it should be in a language that can be easily understood by appliance manufacturers. The above information should be clear, legible and easily understandable.
Distributors should not make an appliance or fitting available for sale if they have reason to believe that it is not in conformity with requirements of the Gas Appliances Regulation. If the appliance or fitting presents a risk, distributors must inform the manufacturer or the importer to that effect as along with the authorities.
Manufacturers and importers should immediately take the corrective measures necessary to bring appliances or fittings into conformity, to withdraw and/or to recall it, as appropriate. Distributors should make sure that corrective measures are taken.
Where the appliance or fitting presents a risk, manufacturers and importers should immediately inform the competent national authorities and provide details of the non-conformity and of any corrective measures taken.
Manufacturers, importers, and distributors should provide a competent national authority with all the information and documentation, in paper or electronic form, necessary to demonstrate the conformity of the appliance or fitting with the Gas Appliance Regulation, following a reasoned request.
We strongly encourage you to visit the European Commission’s website for more information on the Gas Appliances Regulation:
The UK requirements for gas appliances and fittings apply to all products sold in the UK, but the provisions apply differently to Great Britain (England, Scotland and Wales, GB) and Northern Ireland. You can read more about the position in Northern Ireland (NI) below.
The UK requirements apply to appliances and fittings.
The UK requirements do not apply to appliances specifically designed for
The UK requirements include obligations for manufacturers, authorised representatives, importers and distributors of appliances and fittings.
Declaration of Conformity and CE marking
A Manufacturer’s responsibilities include the following:
Manufacturers may appoint an authorised representative to carry out their obligations, excluding:
An importer’s responsibilities include ensuring the following:
A Distributor’s responsibilities include:
Labelling and information
Manufacturers must ensure that the appliances and fittings are marked with:
Importers must ensure that the appliances and fittings bears:
Distributors must ensure and verify the following:
Where it is not possible for this information to be on the appliance or fitting itself, the above information should be on its packaging or a document accompanying the electrical equipment.
In addition, the appliance must be accompanied by instructions and required safety information. Fittings must be accompanied by a copy of the declaration of conformity, which should include instructions for incorporation or assembly, adjustment, operation and maintenance. A specific Declaration of Conformity that refers to UK legislation and standards will be required for products sold in GB from January 1, 2021. See the BREXIT: UK Government Guidance section below for links to the UK Government guidance on this.
The above information should be clear, legible and easily understandable in English.
Please note that different rules will apply in NI from 1 January 2021 as a result of the Northern Ireland Protocol. In particular:
Distributors should not make an appliance or fitting available for sale if they have reason to believe that it is not in conformity with UK requirements. If the appliance or fitting presents a risk, distributors must inform the manufacturer or the importer to that effect, along with Trading Standards (who regulate use of gas appliances by consumers) and the Health and Safety Executive (who regulate use of gas appliances in the workplace).
Manufacturers and importers and should immediately take the corrective measures necessary to bring appliances or fittings into conformity, to withdraw or to recall it, as appropriate. Distributors should make sure that corrective measures are taken.
Where the appliance or fitting presents a risk, manufacturers and importers should immediately inform Trading Standards and/or the Health and Safety Executive (as appropriate) and provide details of the non-conformity and of any corrective measures taken.
Manufacturers, importers and distributors should provide Trading Standards and/or the Health and Safety Executive with all the information and documentation, in paper or electronic form, necessary to demonstrate the conformity of the appliance or fitting with the UK requirements for gas appliances and fittings, following a reasoned request.
The UK Government has released guidance on selling products in GB and NI after Brexit . This guidance provides information for manufacturers, importers and distributors regarding compliance requirements from January 1, 2021, including on:
We encourage you to review this guidance (linked below), alongside any other specific UK Government Guidance that applies to your product. You should consult your legal counsel if you have questions about how the laws and regulations apply to your products from January 1, 2021.
The Brexit guidance can be found here:
GB:
NI:
We strongly encourage you to review UK Government guidance for more information on the UK requirements for gas appliances and fittings, including the following website: https://www.gov.uk/guidance/gas-appliance-safety-supplier-and-manufacturers-obligations
We also encourage you to visit the Business Companion website, which contains further guidance on UK product compliance rules: https://www.businesscompanion.info/en/get-started