Requirements for Gas Appliances

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:

1. Great Britain (England, Scotland and Wales); and
2. Northern Ireland

We have noted below where there will be relevant changes in the UK requirements following the Brexit transition period.

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 VegaVend 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.

EU requirements

What products do the EU requirements apply to?

The EU Gas Appliances Regulation applies to appliances and fittings.

• Appliances are covered by the Gas Appliances Regulation if they burn 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 equipped with such burners.
• Fittings come within the scope of the Gas Appliances Regulation if they are a safety device, controlling device or regulating device and sub-assemblies thereof, designed to be incorporated into an appliance or to be assembled to constitute an appliance.

The EU Gas Appliances Regulation does not apply to appliances specifically designed for:

1. use in industrial processes carried out on industrial premises;
2. use in aircrafts and railways; and
3. research purposes for temporary use in laboratories

Who has obligations under the EU requirements for gas appliances and fittings?

The EU Gas Appliances Regulation sets out obligations for manufacturers, authorised representatives, importers and distributors of appliances and fittings.

• You are a manufacturer if you manufacture an appliance or a fitting or have an appliance or a fitting designed or manufactured, and you sell that appliance or fitting under your name or trademark or if you use the appliance for your own purposes.
• You are an authorised representative if an appliance or fitting manufacturer has given you a written mandate to act on their behalf in relation to specific tasks.
• You are an importer if you are established in the EU and you offer an appliance or fitting for sale or supply from outside the EU into the EU.
• You are a distributor if you make an appliance or fitting available for sale or supply in the EU but are not a manufacturer or importer.

What are the key EU requirements?

Declaration of Conformity and CE marking

Manufacturer responsibilities include the following:

• Ensuring that gas appliances have been designed and manufactured in accordance with the essential requirements set out in Annex I of the EU Gas Appliances Regulation
• Draw up the technical file (see Annex III of the EU Gas Appliances Regulation)
• Carry out the appropriate conformity assessment procedure
• Draw up the EC declaration of conformity
• Affix the CE marking
• Keep a copy of the technical documentation and declaration of conformity for 10 years after the appliance or fitting has been offered for sale or supply in the EU.

Manufacturers may appoint an authorised representative to carry out their obligations, excluding:

1. the general obligation to ensure products are compliant with the EU Gas Appliances Regulation; and
2. the obligation to draw up technical documentation

Importer responsibilities include ensuring:

• Only compliant appliances and fittings are made available for sale in the EU.
• Appropriate conformity assessment procedure has been carried out by the manufacture the manufacturer has drawn up the technical documentation, and that the appliance or fitting bears the CE marking.
• Appliance or fitting is accompanied by the required instructions and safety information.
• Each fitting is accompanied by a copy of a Declaration of Conformity, including required instructions for incorporation or assembly, adjustment, operation, and maintenance.
• While an appliance or fitting is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the essential requirements.
• They keep a copy of the technical documentation and declaration of conformity for 10 years after the appliance or fitting has been offered for sale or supply in the EU.

Distributor responsibilities include:

• Acting with due care in relation to the requirements of the Gas Appliances Regulation.
• Ensuring that while an appliance or fitting is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the essential requirements.

Labelling and information

Manufacturers must ensure that the appliances and fittings are marked with:

• Their name, registered trade name or registered trade mark, and the postal address at which they can be contacted
• The type, batch or serial number, or other element allowing their identification of the product
• The inscriptions in Annex IV of the EU Gas Appliances Regulation
• The CE marking

Importers must ensure that the appliances and fittings are marked with:

• Their name, registered trade name or registered trade mark, and the postal address at which they can be contacted, and the corresponding details for the manufacturer
• The type, batch or serial number or other element allowing their identification
• The inscriptions in Annex IV of the Gas Appliances Regulation
• The CE marking

Distributors must ensure and verify the following:

• The appliance or fitting bears the CE mark.
• The appliance is accompanied by instructions and safety information in a language that can be easily understood by consumers and end-users, as determined by the Member State(s) where the appliance is to be made available for sale.
• A fitting is accompanied by a copy of the EU declaration of conformity, including the required instructions or incorporation or assembly, adjustment, operation and maintenance in a language that can be easily understood by consumers and end users, as determined by the Member State(s) where the appliance is to be made available for sale.
• The manufacturer and importer have complied with the requirement to indicate their name, registered trade name or registered trade mark, and the postal address at which they can be contacted on the construction product.
• The manufacturer has complied with the obligation to mark the appliance or fitting with a type, batch or serial number, or other element allowing their identification.

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.

What should you do if gas appliances are not in conformity with EU requirements?

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.

Additional Information

We strongly encourage you to visit the European Commission’s website for more information on the Gas Appliances Regulation:

https://ec.europa.eu/growth/single-market/european-standards/harmonised-standards/appliances-burning-gaseous-fuels_en

UK requirements

Where do the UK requirements for gas appliances and fittings apply?

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.

What products do the UK requirements apply to?

The UK requirements apply to appliances and fittings.

• Appliances are covered by the UK requirements if they burn gaseous fuels used for cooking, refrigeration, air-conditioning, space heating, hot water production, lighting or washing, as well as forced draught burners and heating bodies to be equipped with such burners.
• Fittings come within the scope of the UK requirements if they are a safety device, controlling device or regulating device and sub-assemblies thereof, designed to be incorporated into an appliance or to be assembled to constitute an appliance.

The UK requirements do not apply to appliances specifically designed for

1. use in industrial processes carried out on industrial premises;
2. use in aircrafts and railways; and
3. research purposes for temporary use in laboratories.

Who has obligations under the UK requirements for gas appliances and fittings?

The UK requirements include obligations for manufacturers, authorised representatives, importers and distributors of appliances and fittings.

• You are a manufacturer if you manufacture an appliance or a fitting, or have an appliance or a fitting designed or manufactured, and you supply that appliance or fitting under your name or trademark, or if you use the appliance for your own purposes.
• You are an authorised representative if an appliance or fitting manufacturer has given you a written mandate to act on their behalf in relation to specific tasks.
  • Until the end of the Brexit period (December 31, 2020), the authorised representative must be established within the EU.
  • After the end of the Brexit period, the authorised representative must be established in the UK. Where a duly appointed authorised representative was established in the UK prior to the end of the Brexit transition period, and continues to be so established and appointed, they will continue to function in that role. In all other circumstances, a new authorised representative must be appointed by written mandate.
• You are an importer if:
  • Until the end of the Brexit transition period (December 31, 2020), you are established in the EU and you offer an appliance or fitting for sale or supply from outside the EU into the EU.
  • After the end of the Brexit transition period, you are established in the UK and you sell an appliance or fitting from a country outside the UK into GB.
  • For details of importing into NI, see the Northern Ireland section below.
• You are a distributor if you make an appliance or fitting available for sale or supply in the UK but are not a manufacturer or importer.

What are the key UK requirements?

Declaration of Conformity and CE marking

A Manufacturer’s responsibilities include the following:

• Ensuring that gas appliances have been designed and manufactured in accordance with the essential requirements set out in Annex I of the EU Gas Appliances Regulation and the UK Regulation on Gas Appliances;
• Draw up the technical file (see Annex III of the EU Gas Appliances Regulation and the UK Regulation on Gas Appliances);
• Carry out the appropriate conformity assessment procedure;
• Draw up the declaration of conformity;
• Affix the applicable marking, being:
  • until the end of the Brexit transition period (December 31, 2020), the CE mark
  • for products first made available in GB after the end of the Brexit transition period, the UKCA mark;
  • for products sold in NI while the Northern Ireland Protocol remains in force, the European CE mark (see Northern Ireland section below); and
• Keep a copy of the technical documentation and declaration of conformity for 10 years after the appliance or fitting has been offered for sale or supply in the UK.

Manufacturers may appoint an authorised representative to carry out their obligations, excluding:

1. the general obligation to ensure products are compliant with the UK requirements for gas applications and fittings, and
2. the obligation to draw up technical documentation

Note: The UK Government has passed legislation which provides that for certain products (including products covered by the UK regulation on gas appliances) CE marking will be accepted in GB until January 1, 2022, and that additional means of affixing the UKCA mark will be accepted until January 1, 2023. A specific Declaration of Conformity will be required referencing UK (not EU) legislation and standards. See the “BREXIT: UK Government Guidance” section below for more details on the new requirements and transitional measures.

An importer’s responsibilities include ensuring the following:

• They only make compliant appliances and fittings available for sale in the UK.
• That the appropriate conformity assessment procedure has been carried out by the manufacturer, the manufacturer has drawn up the technical documentation, and the appliance or fitting bears the CE/UKCA marking.
• That the appliance or fitting is accompanied by the required instructions and safety information.
• Each fitting is accompanied by a copy of a Declaration of Conformity, including required instructions for incorporation or assembly, adjustment, operation and maintenance.
• While an appliance or fitting is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the essential requirements.
• Importers must keep a copy of the technical documentation and declaration of conformity for 10 years after the appliance or fitting has been offered for sale or supply.

A Distributor’s responsibilities include:

• Acting with due care in relation to the UK requirements for gas appliances and fittings.
• Ensuring that while an appliance or fitting is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the essential requirements.

Note: Products that are first made available in the EU or UK on or before December 31, 2020 can continue to circulate until they reach their end user and do not need to comply with the changes that take effect from January 1, 2021. You can retain evidence of when products were first made available in the UK or EU by keeping documents including contracts of sale, invoices and documents concerning the shipping of goods for distribution.

Labelling and information

Manufacturers must ensure that the appliances and fittings are marked with:

• The name, registered trade name or registered trade mark, and the postal address at which they can be contacted.
• The type, batch or serial number, or other element allowing the identification of the product.
• The inscriptions in Annex IV of the EU Gas Appliances Regulation (until the end of the Brexit transition period, December 31, 2020) and UK Regulation on Gas Appliances (after the end of the transition period).
• The relevant marking, which is:
  • until the end of the Brexit transition period (December 31, 2020), the CE mark
  • after the end of the Brexit transition period, the UKCA mark

Note: The UK Government has passed legislation which provides that for certain products (including products covered by the UK regulation on gas appliances) CE marking will be accepted in GB until January 1, 2022, and that additional means of affixing the UKCA mark will be accepted until January 1, 2023. See the BREXIT: UK Government Guidance section below for more details on the new requirements and transitional measures.

Importers must ensure that the appliances and fittings bears:

• The name, registered trade name or registered trade mark, and the postal address at which they can be contacted, and the corresponding details for the manufacturer. The UK Government has released guidance on alternative means of providing GB importer traceability information until December 31, 2022. See the BREXIT: UK Government Guidance section below for links to this guidance.
• Type, batch or serial number or other element allowing their identification.
• The inscriptions in Annex IV of:
  • until the end of the Brexit transition period, December 31, 2020, the EU Gas Appliances Regulation
  • after the end of the Brexit transition period in Annex IV of the Gas Appliances Regulation
• The relevant marking:
  • until the end of the Brexit transition period, December 31, 2020, the CE mark
  • after the end of the Brexit transition period, December 31, 2020, the UKCA mark

Distributors must ensure and verify the following:

• The appliance or fitting bears the relevant marking, being the CE mark until the end of the Brexit transition period (December 31, 2020), and thereafter the UKCA mark.
• The appliance is accompanied by instructions and safety information in English.
• A fitting is accompanied by a copy of the declaration of conformity, including the required instructions for incorporation or assembly, adjustment, operation and maintenance in English.
• The manufacturer and importer have complied with the requirement to indicate their name, registered trade name or registered trade mark, and the postal address at which they can be contacted on the construction product.
• The manufacturer has complied with the obligation to mark the appliance or fitting with a type, batch or serial number, or other element allowing their identification.

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.

Northern Ireland

Please note that different rules will apply in NI from 1 January 2021 as a result of the Northern Ireland Protocol. In particular:

• You should ensure that products meet EU requirements and that you use the CE mark.
• You are an importer if you are established in the EU or NI and you sell products from a country outside of the EU and Northern Ireland (including from GB) into NI. Products sold in NI should be marked with details of any EU / NI based importer.
• Authorised representatives can be based in NI or the EU. From July 16, 2021, new rules come into force under EU Regulation 2019/1020 and some businesses may need to appoint a responsible person in the EU or NI to carry out compliance functions (if there is no other entity in the supply chain who is able to carry out the functions). Further guidance on the new rules will be made available by the UK Government.
• If you are using a UK body to carry out mandatory third-party conformity assessment, you will need to apply a UKNI marking as well as a CE mark to products placed in NI from 1 January 2021. Goods with the CE and UKNI marking can’t be sold in the EU. You do not need to use the UKNI marking if you self-certify compliance or use an EU body to carry out a mandatory third-party assessment.
• “Qualifying Northern Ireland goods” will be able to be sold in GB with the CE mark. The UK Government is issuing guidance on how this will work.

What should you do if gas appliances are not in conformity with UK requirements?

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.

BREXIT: UK Government Guidance

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:

• whether you need to change your conformity assessment;
• when and how to use the UKCA mark;
• requirements for technical documentation and a specific Declaration of Conformity for products sold in GB;
• appointing an authorised representative or responsible person in the UK;
• whether your legal responsibilities will change as a result of Brexit;
• whether you need to provide GB importer information, and methods for doing this (including transitional arrangements until the end of 2022);
• how to deal with existing stock;
• what documentary evidence is required to show that products have been placed in the UK or EU before the end of the Transition Period; and
• specific rules for selling products in NI.

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:

• Placing manufactured goods in Great Britain from January 1, 2021
• Using the UKCA mark in GB from January 1, 2021
• Product Safety and Metrology in GB from January 1, 2021

NI:

• Placing manufactured goods in Northern Ireland from Great Britain
• Placing manufactured goods in Northern Ireland from the EU
• Using the UKNI mark
• Product Safety and Metrology – NI

Additional Information

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