Statutory guidance

Regulation 2016/426 and the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018: Great Britain

Updated 4 December 2024

Guidance on the regulations as they apply to appliances being supplied in or into Great Britain.

This guidance has been amended to reflect the announcements on 1 August 2023 and 24 January 2024 that the Government is extending recognition of certain goods that meet EU requirements (including the CE marking), indefinitely, beyond 2024 for many products. The Product Safety and Metrology etc. (Amendment) Regulations 2024 have been approved by Parliament and came into force on 1 October 2024.

December 2024

1. Introduction

This Guide is for businesses placing gas appliances or fittings on the market in Great Britain (“GB”). If you are placing gas appliances and fittings on the market in Northern Ireland (“NI”), you should read separate guidance.

Read guidance on the regulations in NI.

Regulation 2016/426 on appliances burning gaseous fuels, as amended to apply in GB, sets out the essential requirements that must be met before appliances or fittings burning gaseous fuels can be placed on the GB market. The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 provides for the enforcement of Regulation 2016/426 in the UK.

The purpose of the legislation is to protect consumers and other end-users from unsafe products by requiring manufacturers to show how their products meet the ‘essential requirements’. The aim of Regulation 2016/426 is to lay down requirements for the design and manufacture of appliances or fittings burning gaseous fuels to ensure the health and safety of users, domestic animals and property.

This guidance is designed to help you comply with Regulation 2016/426 as it has effect in GB and the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (collectively, “the Regulations” and individually the “2016 Regulation” and the “2018 Regulations” respectively).

2. Legislative Background

Regulation 2016/426 as amended and assimilated into UK law is directly applicable in the UK. The 2018 Regulations provide for the enforcement in the UK of the 2016 Regulation in the UK. The EU Withdrawal Act 2018 preserved these regulations in UK law and enabled them to be amended so as to continue to function effectively now that the UK has left the EU. Accordingly, the Product Safety and Metrology etc (Amendment etc.) (EU Exit) Regulations 2019 fixed any deficiencies that arose from the UK leaving the EU (such as references to EU institutions) and made specific provision for the GB market.

There is therefore one set of UK 2018 Regulations, but some of the provisions apply differently in NI under the terms of the Windsor Framework. References to the 2018 Regulations in this guidance are references to those Regulations as they apply in GB. Similarly, the EU Regulation has been assimilated into UK law and amended to apply in GB, taking account of the fact that GB no longer follows EU law, whereas the EU Regulation remains directly applicable in NI, under the terms of the Windsor Framework. References to the 2016 Regulation in this document are references to the Regulation assimilated into UK law and applicable in GB.

The following legislative amendments and Government announcements apply:

• The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were amended by the Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 to apply to GB only, and not to NI, in support of implementing The Protocol of Ireland and Northern Ireland (“The Northern Ireland Protocol”) and now the Windsor Framework.
• The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were further amended by the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 to provide for a 24 month transition period for importer labelling (for goods from the EEA), UKCA marking, to amend the definition of “authorised representative” as well as introducing an end (in 12 months from the end of the Transition Period) to the recognition of goods meeting EU requirements, as well as introducing provisions for qualifying NI goods.
• On 24 August 2021 the Government announced the transition period for UKCA marking would be extended until 31 December 2022. The Product Safety and Metrology etc (Amendment) Regulations 2021 gave effect to this. On 14 November 2022 the Government announced it would be extending this until 31 December 2024. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) gave effect to this.
• On 20 June 2022, the Government announced the provisions for UKCA labelling and importer labelling would be extended until 31 December 2025. On 14 November 2022 the Government announced it would be extending the provisions for UKCA labelling and importer labelling until 31 December 2027. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) give effect to this.
• On 1 August 2023 and 24 January 2024, the UK Government announced it would extend recognition of goods that meet EU requirements (including the CE marking), indefinitely, beyond 2024 for many products. This means that certain goods that meet EU requirements can be placed on the GB market beyond 31 December 2024. The Product Safety and Metrology etc. (Amendment) Regulations 2024 give effect to this and came into force on 1 October 2024. The legislation also provides for a ‘Fast-Track’ UKCA scheme, whereby steps taken towards CE marking will count towards UKCA marking, while UK product safety regulations remain aligned with EU product safety law.

Read guidance on the regulations in NI.

3. Scope

The Regulations have the same scope as the 2016 Regulation.

(1) The Regulations apply to:

• appliances burning gaseous fuels used for cooking, refrigeration, air-conditioning, space heating, hot water production, lighting and washing and also forced draught burners and heating bodies to be equipped with such burners
• fittings which are regulating, controlling or safety devices and sub-assemblies thereof intended to be incorporated into appliances or assembled to constitute appliances

(2) The Regulations do not apply to appliances specifically designed for:

• use in industrial processes carried out on industrial premises
• use on aircrafts and railways
• research purposes
• temporary use in laboratories.

An appliance is considered to be ‘specifically designed’ when the design is only intended to address a specific need for a specific process or use.

The Regulations do not apply to gas appliances and fittings placed on the market before 21 April 2018 and such products remain regulated under the Gas Appliances (Safety) Regulations 1995 (as amended by the Product Safety and Metrology etc (Amendment etc.) (EU Exit) Regulations 2019) (the “1995 Regulations”).

4. Requirements

The essential requirements that apply are those listed in Annex I of the 2016 Regulation (as it has effect in GB law). They are compulsory. All gas appliances and fittings within scope must undergo a conformity assessment procedure in accordance with Article 14 to demonstrate compliance with the essential requirements.

Manufacturers should read all of Annex I. In the light of recent incidents leading to injury or death, however, the attention of manufacturers is drawn in particular to the following:

1) Appliances shall be so designed and constructed as to operate safely and present no danger to persons, domestic animals or property, when normally used. Fittings shall be so designed and constructed as to fulfil correctly their intended purpose when incorporated into an appliance or assembled to constitute an appliance (1.1).

2) The manufacturer is under an obligation to analyse the risks in order to identify those which apply to his appliance or fitting. He shall then design and construct it taking into account its risk assessment (1.2).

3) When designing and constructing the appliance, and when drafting the instructions, the manufacturer shall envisage not only the intended use of the appliance, but also the reasonably foreseeable uses (1.4).

4) All appliances shall (1.5):

a) be accompanied by instructions for installation intended for the installer

b) be accompanied by instructions for use and servicing, intended for the user

c) bear appropriate warning notices, which shall also appear on the packaging

5) The instructions for installation intended for the installer shall contain all the instructions for installation, adjustment and servicing required to ensure that those operations are correctly performed so that the appliance may be used safely. The instructions for installation intended for the installer shall include also information on the technical specifications of the interface between the appliance and its installation environment allowing its correct connection to the gas supply network, the supply of auxiliary energy, the combustion air supply and the flue gas evacuation system (1.6.1).

6) The instructions for use and servicing intended for the user shall contain all the information required for safe use and in particular shall draw the user’s attention to any restrictions on use (1.6.2).

7) The warning notices on the appliance and its packaging shall clearly state the type of gas to be used, the gas supply pressure, the appliance category and any restrictions on use, in particular the restriction whereby the appliance shall be installed only in areas where there is sufficient ventilation so as to ensure that the risks presented by it are minimised (1.6.3). View information on gas types and supply pressure in the UK.

5. Obligations of manufacturers

A manufacturer is a person who has a gas appliance or fitting manufactured or has a gas appliance or fitting designed or manufactured, and markets that gas appliance or fitting under their name or trademark or uses the appliance for their own purpose.

The obligations of manufacturers of gas appliances and fittings include:

1) Before placing gas appliances or fittings on the GB market or when using for their own purposes, the manufacturer must ensure that it has been designed and manufactured in accordance with the applicable essential requirements (see Annex I to the 2016 Regulation and section 4 above).

2) The manufacturer must:

a) decide which conformity assessment marking (UKCA, CE, or CE + UKNI) they intend the equipment to have when placed on the GB market

b) draw up technical documentation

c) ensure that the relevant conformity assessment procedure is carried out, including testing for the type of gas to be used and the UK gas supply pressure. Where required, a Type examination with a single approved body (if using the UKCA route) or EU recognised notified body (if using the EU/ CE route) of their choice will need to be lodged, and undertaken, followed by a relevant conformity assessment procedure to be carried out as set out in Annex III to the 2016 Regulation

3) When the appliance or the fitting type meets the requirements of the Regulation, and before placing on the market, the manufacturer must:

a) draw up a declaration of conformity (UK DoC if UKCA marked, EU DoC if CE marked)

b) affix to the product the relevant conformity assessment marking (see section 9 (or section 10 for Qualifying NI goods)) visibly, legibly and indelibly to the to the gas appliance or the fitting or its data plate. Where it is not possible or warranted, on account of the nature of the appliance or fitting, to affix the conformity assessment marking to the appliance or fitting, it must be affixed to the packaging and the accompanying documents

4) The manufacturer must keep the declaration of conformity (UK DoC if UKCA marked, EU DoC if CE marked) up to date and must keep it and the technical documentation for 10 years after their gas appliance or the fitting has been placed on the GB market.

5) The manufacturer must ensure that all gas appliances and fittings placed on the GB market bears a type and serial or batch number, the manufacturer’s name, registered trade name or registered trademark and postal address (as well as other inscriptions). Where the size or nature of the gas appliance or the fitting does not allow this, it may be provided on the packaging or accompanying documentation.

6) The manufacturer must ensure that the gas appliance is accompanied by instructions and safety information as set out in point 1.5 of Annex I to the 2016 Regulation. The instructions must be clear, legible and in easily understandable English.

7) The manufacturer must ensure that the fitting is accompanied by the declaration of conformity containing, among other things, instructions for incorporation or assembly, adjustment, operation and maintenance in accordance with point 1.7 of Annex I of the 2016 Regulation. This must be clear, legible and in easily understandable English. However, where a large number of fittings are delivered to a single user, the batch or consignment concerned may be accompanied by a single copy of the declaration of conformity.

8) The manufacturer must ensure that procedures are in place for series production to remain in conformity. When deemed appropriate regarding risk presented by an appliance, they must:

a) carry out sample testing

b) investigate

c) if necessary, keep a register of complaints of non-conforming appliances and fittings and recalls of such appliances and fittings, and keep distributors informed of any such monitoring

9) Where they believe that an appliance or fitting which they have placed on the GB market is not in conformity, the manufacturer must:

a) immediately take corrective measures to bring that appliance or fitting into conformity, to withdraw it or recall it if appropriate

b) inform the enforcement authority of any corrective measures taken

c) co-operate with enforcement authorities and provide all necessary information and documentation to the enforcement authority in GB following any requests

d) cooperate with the enforcement authority, at its request, on any action taken to eliminate the risks posed by appliances or fittings which they have placed on the GB market. Read more information on how to notify the MSA.

Manufacturers wishing to place goods on the NI market should follow the Regulation as it applies to NI. Qualifying NI goods can be placed on the GB market without any additional approvals, although additional information as to the UK based importer may be required, if the goods have an importer based in the EU/EEA. See further detail in Section 11 on Qualifying NI Goods.

Who is the ‘manufacturer’ for the purposes of Regulation 2016/426 where one business is placing on the market, under their own name, a product made by someone else?

Regulation 2016/426 places obligations on the manufacturer, and defines ‘manufacturer’ in the following ways:

a) any natural or legal person who manufactures an appliance or a fitting (or has an appliance or fitting manufactured), and markets that appliance or fitting under his name or trademark or uses the appliance for their own purposes (Article 2(17))

b) an importer or distributor shall be considered a manufacturer for the purposes of this Regulation, and he shall be subject to the obligations of the manufacturer under Article 7, where he places an appliance or a fitting on the market under their name or trademark or modifies an appliance or a fitting already placed on the market in such a way that compliance with the requirements of this Regulation may be affected (Article 11)

Regulation 2016/426 places an obligation on manufacturers to ensure the products they place on the market meet the essential requirements contained in Annex I of the 2016/426 Regulation, and that they have met all the other duties of manufacturers. This means that the manufacturer needs to satisfy themselves that the ‘maker’ (if a different entity to the manufacturer) has manufactured a safe product, and the manufacturer needs to confirm this through third party conformity assessment.

Article 14 of Regulation 2016/426 requires that before an appliance or fitting can be placed on the market, it must be conformity assessed by an independent conformity assessment body. Unless it is produced as a single unit or in small quantities, an application must be lodged with a conformity assessment body for module B, combined with another module of the manufacturer’s choice (module C2, D, E or F), or for module G.

The person undertaking the module that is used together with module B does not need to be the same person as the one having the type examination certificate under module B. However, the manufacturer placing the product on the market, takes the entire responsibility for the conformity assessment (design and production) of the product. Consequently, they must be in possession of both certificates, although the type examination certificate does not have to be in their name, and they must have the full history of the product. They must have all the administrative and technical information and data, have type testing performed, manage the technical documentation related to the type testing and have batch testing performed. The above applies to all modules and procedures, independently of whether it is a one-phase or two-phase conformity assessment procedure.

The approved body / notified body shall issue the module B type-examination certificate to the applicant. The certificate shall contain the name and address of the applicant, including the model numbers and trademarks intended for the end product.

It is also possible for the manufacturer to appoint a different ‘maker’ to the one who made the approved Type to undertake the series production subject to the module that is used in combination with module B (module C2, D, E or F). Accordingly, the ‘maker’ subject to module C2, D, E or F can be different to the applicant to whom the type examination certificate under module B was issued. However, irrespective of which ‘maker’ is involved in series production and the second stage of conformity assessment, the manufacturer placing the product on the market, is responsible for ensuring the entire conformity assessment (design and production) of the product happens, can be traced back through the records, and can demonstrate how they have done this.

In cases where the manufacturer relies on one or more ‘maker’ for the design and production of the product, the manufacturer remains entirely responsible for the conformity of the product and the obligation to undertake the relevant conformity assessment procedure(s). It is therefore in the manufacturer’s interest to ensure they are fully informed about any changes in design, production and conformity assessment of the product and that they keep proof of that. The manufacturer is responsible for keeping and making available to the relevant conformity assessment body documentation (including technical documentation), that demonstrates they have effective oversight of the production process to ensure that a safe product is being manufactured and that series production matches approved type in every respect.

It must be clear that the certificate allocated to the product that is placed on the market is the correct certificate for that product. Consequently, the manufacturer must be in possession of both certificates, and all technical information and full history relating to the product and retain this for 10 years. In any event, if the manufacturer relies on the certificate, it is responsible for its contents and its conformity with the requirements. As such it is recommended and in the interests of the manufacturer that the maker ensures the manufacturer is fully informed about any changes in the design, manufacture and conformity assessment of the product. If the manufacturer is not aware, this does not make them any less responsible for the conformity of the product. In addition, the data plates on the (product) model numbers must relate to the (product) model numbers on the certification, enabling traceability in what was certified and approved, and the correct use of approved/ notified body numbers.

Where an importer or distributor modifies a product in such a way that its conformity with essential requirements that require third party assessment is affected, they must seek advice on whether further third-party assessment is required. Ultimately the safety of the product must not be compromised by any modification.

6. Obligations of authorised representatives

Manufacturers are able by written mandate to appoint authorised representatives to perform certain tasks on their behalf.

Mandated authorised representatives for the GB market can be based in GB or NI but cannot be based outside the UK. A manufacturer can only mandate an authorised representative established in the UK, under the Regulations as they apply in GB.

No GB-based authorised representatives are recognised under EU law. This means GB-based authorised representatives cannot carry out tasks on the manufacturer’s behalf for appliances and fittings being placed on the NI and EEA markets. Therefore, a GB manufacturer selling appliances and fittings to the EEA or NI, who wishes to appoint an authorised representative to carry out tasks for them in respect of those products, must appoint an authorised representative based in NI or the EEA.

The mandate shall at least allow the authorised representative to perform the following tasks:

• keeping the declaration of conformity and the technical documentation at the disposal of the market surveillance authority (MSA) in the UK for 10 years after the gas appliance has been placed on the GB market
• further to a reasoned request from the enforcement authority in GB, providing that authority with all the information and documentation necessary to demonstrate the conformity of the gas appliance
• cooperating with the enforcement authority in GB, at its request, on any action taken to eliminate the risks posed by appliances or fittings covered by the authorised representative’s mandate

An authorised representative must comply with all the duties, imposed on the manufacturer under the 2016 Regulation, that they are appointed for and mandated by the manufacturer to perform. The manufacturer remains responsible for the proper performance of any obligations the authorised representative performs on their behalf.

Any references in the 2016 Regulation and the 2018 Regulations to the manufacturer are to be taken to include a reference to the authorised representative including in relation to penalties for failure to comply with those duties.

7. Obligations of importers

An importer is a person or business based in the UK who places appliances and fittings on the GB market from a country outside the UK. This means that a UK business which acted as a ‘distributor’ before 1 January 2021 is now legally an ‘importer’ if they place products from an EEA country or Switzerland on the GB market and therefore must comply with the importer duties under GB legislation.

This includes appliances and fittings that are supplied to NI businesses from the EEA and then placed on the GB market. In this instance the NI business will take on importer obligations for EEA-supplied goods that are placed on the GB market (see also Section 10 on Qualifying NI Goods).

Importers have additional legal obligations which go beyond those of distributors, such as checking that manufacturers have carried out the required conformity assessment procedures, and including their (the importer’s) name, registered trade name or mark and a postal address on the equipment or, where this is not possible, on the packaging or in accompanying documentation.

To assist with the transition, the UK is applying a transitional period ending on 31 December 2027 ^{[footnote 1]} to allow those UK operators who import products into the GB market from the EEA or Switzerland to provide their details on the packaging or accompanying documentation as an alternative to placing them on the product itself. This applies to goods that are not qualifying NI goods. For further detail on qualifying NI goods, please see Section 10 on Qualifying NI Goods.

Can you be contacted easily if there’s a problem?

A key principle underpinning product safety, for the benefit of consumers and regulators, is traceability of a product back to its source.

In recognition that under the new regulatory arrangements you may have the new status of an importer when placing gas appliances or fittings from an EEA state or Switzerland on the GB market, you are temporarily permitted when placing such appliances or fittings on the market (until 31 December 2027) to indicate your name, registered trade name or registered trade mark and a postal address on the appliance or fitting’s packaging or in a document accompanying the appliance or fitting, instead of on the appliance or fitting itself. As set out above, this is usually only permitted where it is not possible to provide the specified information on the appliance or fitting itself. This additional temporary easement is permitted until 31 December 2027.

We understand it may be difficult to provide your details on documentation accompanying each and every individual product.

You may therefore use an alternative method where, for example, your contact information is on a document accompanying a batch of products. This document would then follow each batch of products through the distribution chain. Your contact details must follow each product through the distribution chain, but not necessarily by one document per product. Ultimately, the end user, each distributor (and a regulator) must be able to access the information.

Methods which enable traceability of the product after the initial batch has been broken up could include:

• The importer address is present in shipping documents.
• The importer address is present on the invoice to the GB customer.
• The importer address is present on the label that is on the outer packaging (“shipper”) in which a number of finished goods is packed (normally customers will receive shippers unless the order is very small so that the shipper has to be opened and split).
• The importer address is included on the EU Declaration of Conformity and/or UK Declaration of Conformity (whichever is relevant for the product in question).

You should work with your distributors to ensure physical documentation does accompany batches of product as far as possible, and in all cases that there are measures in place to ensure end users are able to identify the UK importer.

Alongside that, but not as an alternative, you can use your company website to provide more information, access to product details and contact points for retailers, consumers and enforcement bodies.

These options are for a time limited period only and may not be used after 31 December 2027. You are encouraged to put in place measures to ensure that individual items do carry the importer’s address where required ahead of this date.

The EU does not have any such transitional provision. In the absence of this, appliances and fittings being sold from GB to NI or the EU must be labelled with the NI or EU-based importer’s address.

Read guidance on the regulations in Northern Ireland.

The obligations of importers in the UK include:

1) Before placing a gas appliance on the GB market, an importer must ensure that:

a) the appropriate conformity assessment procedures referred to in Article 14 have been carried out by the manufacturer. This means that the gas appliance must comply with the essential requirements set out in Annex I of the 2016 Regulation

b) the manufacturer has drawn up technical documentation and the declaration of conformity (UK DoC if UKCA marked, EU DoC if CE marked)

c) the gas appliance bears the relevant conformity assessment marking (see section 9 (or 10 for Qualifying NI goods)); the gas appliance is accompanied by the required documents and information

d) the manufacturer has complied with the labelling requirements with regard to contact details and conformity assessment body number

2) Before placing a fitting on the GB market, the importer must ensure that:

a) the appropriate conformity assessment procedure referred to in Article 14 of the 2016 Regulation has been carried out by the manufacturer

b) the manufacturer has drawn up the technical documentation

c) the fitting bears the relevant conformity assessment marking (see section 9 (or 10 for Qualifying NI goods)) and is accompanied by a copy of the declaration of conformity (UK DoC if UKCA marked, EU DoC if CE marked) containing, among other things, instructions for incorporation or assembly, adjustment, operation and maintenance in accordance with point 1.7 of Annex I of the 2016 Regulation, and that the manufacturer has given the required information as out in Article 7(5) and (6) of the 2016 Regulation.

3) The importer must indicate on the relevant appliance or fitting their name, registered trade name or registered trademark and postal address. Where this is not possible it may be provided on the packaging or accompanying documentation, and in any event, can be done where the importer has imported the appliance or fitting from an EEA state and places it on the GB market before 31 December 2027.

4) The importer must keep a copy of the Declaration of Conformity (UK DoC if UKCA marked, EU DoC if CE marked) and technical documentation for a period of 10 years after the gas appliance or the fitting has been placed on the GB market.

5) The importer must ensure that gas appliances or fittings under their responsibility are safely stored and transported in such a way that does not jeopardise conformity with the essential requirements.

6) When deemed appropriate regarding the risk presented by an appliance or fitting, the importer must carry out sample testing of the appliances or fittings they have placed on the GB market, investigate and, if necessary, keep a register of complaints of non-conforming appliances and fittings and recalls of such appliances and fittings, and keep distributors informed of any such monitoring.

7) Where they have reason to believe that the gas appliance or a fitting they have placed on the GB market is not in conformity with the 2016 Regulation, the importer must immediately take the corrective measures necessary to bring that appliance or fitting into conformity, to withdraw it or recall it, if appropriate.

8) Where the appliance or the fitting presents a risk, the importer shall immediately inform the enforcement authority in GB to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken. Read more information on how to notify the MSA.

9) The importer must also cooperate with and provide all necessary information and documentation to the enforcement authority in GB following any requests. They must also cooperate with the enforcement authority, at its request, on any action taken to eliminate the risks posed by appliances or fittings which they have placed on the GB market.

Qualifying NI goods complying with the legislation as it applies in NI, including affixing the CE marking, may also be placed on the GB market. See further detail in Section 11 on Qualifying NI Goods.

8. Obligations of distributors

UK businesses which were distributors of goods within the EU single market should now consider whether they are importers from the EU single market and therefore what additional requirements they need to comply with – see section 7 above. The same applies to distributors of goods from the EEA and Switzerland.

A distributor is any person in the supply chain, other than the manufacturer or importer, who makes gas appliances and fittings available on the GB market.

The obligations of distributors include:

1) Before making an appliance available on the GB market, the distributor must ensure that it:

a) is in conformity with the 2016 Regulation

b) bears the relevant conformity assessment marking (see section 9 (or 11 for Qualifying NI goods))

c) is accompanied by required instructions and information that are clear, legible and in easily understandable English; and has the required manufacturer and importer labelling

2) Before making a fitting available on the GB market, the distributor must ensure that the fitting:

a) bears the relevant conformity assessment marking (see section 9 (or 11 for Qualifying Northern Ireland goods))

b) is accompanied by a copy of the declaration of conformity (UK DoC if UKCA marked, EU DoC if CE marked) containing, among other things, instructions for incorporation or assembly, adjustment, operation and maintenance in accordance with point 1.7 of Annex I of the 2016 Regulation, in easily understandable English; and that has the required manufacturer and importer labelling

3) The distributor must ensure that gas appliances or the fittings under their responsibility are safely stored and transported in such a way that does not jeopardise its conformity with the essential requirements.

4) Where they have reason to believe that the gas appliance or the fitting they have made available on the GB market are not in conformity with the 2016 Regulation, the distributor must make sure that the corrective measures necessary to bring that appliance or fitting into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where the appliance or the fitting presents a risk, the distributor shall immediately inform the enforcement authority in GB to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken. Read more information on how to notify the MSA.

5) The distributor must also cooperate with and provide all necessary information and documentation to the enforcement authority in GB following any requests. They must also cooperate with the enforcement authority, at its request, on any action taken to eliminate the risks posed by appliances or fittings which they have placed on the GB market.

9. Conformity assessment and marking before placing a product on the GB market

As set out in section 5 above, before placing a gas appliance or fitting on the GB market or using it for their own purposes, the manufacturer must:

a) design and manufacture the appliance or fitting in accordance with the essential safety requirements

b) determine the conformity procedure that applies, carry out the relevant conformity assessment procedure, (or have it carried out by an independent third party, depending on the category the product falls into), and draw up the relevant technical documentation

The appliance or fitting should then be marked with the applicable conformity assessment marking, provided it meets the essential safety requirements, and the relevant conformity assessment procedure has been carried out and/or a certificate has been issued by the relevant body.

What conformity assessment marking should the product have and when?

In line with the Government’s announcements on 1 August 2023 and 24 January 2024 about extended recognition of CE marking for products intended for the GB market, the Product Safety and Metrology etc. (Amendment) Regulations 2024 were made on 23 May 2024, and came into force on 1 October 2024.

These regulations extend recognition of CE marking indefinitely in GB. This allows businesses to use either CE or UKCA markings when placing goods on the GB market beyond 31 December 2024.

However, if GB based businesses wish to place products on the EEA market, they will continue to require a CE marking before the product is placed on the EEA market, including NI.

Placing on the market in GB	Conditions to be met	Timeframe
Can be CE marked	If the product was conformity assessed by an EU Notified Body (but not a UK Approved Body), and meets all the essential safety requirements	Since 31/12/20
Must be UKCA marked	If the product has been conformity assessed by a UK Approved Body, and meets all the essential safety requirements	Since 31/12/20
Can be UKCA marked, but not CE marked	If the product is intended for placing on the GB market after 1 October 2024, and conformity assessment steps have been begun by an EU Notified Body and completed by a UK Approved Body, and has met all the essential safety requirements	New, since 1 October 2024

Placing on the market in NI	Conditions to be met	Timeframe
Must be CE marked	If the product was conformity assessed by an EU Notified Body and meets all the essential safety requirements	Since 31/12/20
Must be CE + UKNI marked	If the product has been conformity assessed by a UK Approved Body, and meets all the essential safety requirements	Since 31/12/20

Placing on the market in EEA	Conditions to be met	Timeframe
Must be CE marked	If the product was conformity assessed by an EU Notified Body (but not a UK Approved Body), and meets all the essential safety requirements	Since 31/12/20

Can a product be dual marked CE and UKCA?

Yes, but only, and before placing on market:

a) where an EU Notified Body has completed conformity assessment procedures for CE marking, and

b) where a UK Approved Body has completed conformity assessment procedures for UKCA marking, and it meets all the essential safety requirements

OR from 1 October 2024:

c) where an EU Notified Body has completed conformity assessment procedures for CE marking and it meets all the essential safety requirements, the product can also be UKCA marked, or

d) where an EU Notified Body has begun conformity assessment procedures for CE marking, and these have then been completed by a UK Approved Body for UKCA marking and it meets all the essential safety requirements, the product can be UKCA marked

Can a CE marked product already on the market, subsequently be UKCA marked?

A product already on the market, marked with a CE marking, cannot subsequently be UKCA marked, unless it has undergone full conformity assessment by a UK Approved Body and meets all the essential requirements.

Any queries about CE marking or UKCA marking policy should be directed to [email protected].

Where do I affix the conformity assessment marking?

The conformity assessment marking should be affixed visibly, legibly and indelibly to the appliance or fitting. Where it is not possible or not warranted on account of the nature of the appliance or fitting to affix the conformity assessment marking directly on the appliance or fitting (or its data plate), then it can be affixed to the packaging and accompanying documents.

Until 31 December 2027, the UKCA marking may be affixed to a label affixed to the appliance or fitting or a document accompanying the appliance or fitting, rather than being affixed to the appliance or fitting itself (even where it is otherwise possible to affix it to the appliance or fitting itself).

Placing on the market

A fully manufactured good is ‘placed on the market’ when there is a written or verbal agreement (or offer of an agreement) to transfer ownership or possession or other rights in the product. This does not require physical transfer of the good.

You can usually provide proof of placing on the market on the basis of any relevant document ordinarily used in business transactions, including:

• contracts of sale concerning goods which have already been manufactured and meet the legal requirements
• invoices
• documents concerning the shipping of goods for distribution

Transactions between economic operators established outside of the UK do not constitute placing on the GB market where the product is not destined for the GB market.

Products imported for further manufacture and components

When products are imported into GB for further manufacture or processing, they are not considered placed on the market. Only fully manufactured products can be considered placed on the market. Under these circumstances, the GB manufacturer of the finished product has the sole and ultimate responsibility for ensuring it is compliant before they place it on the GB market.

A finished product must be compliant with all applicable legislation when placed on the GB market. Components may be placed on the market separately and can constitute a fully manufactured product in its own right. This may include a requirement for the components of the product to be individually conformity assessed and marked. However, for many products, a single marking covering the overall product is sufficient.

If you sell components separately that were once part of an assembly or installation, you must make sure they continue to meet the requirements in place when they were first placed on the GB market as part of an assembly or installation.

If the components required CE marking at the time they were first placed on the GB market, then the person selling the components must check they are currently CE marked. They must also check they are properly labelled and accompanied by the required documents.

If the person selling the components has reason to believe they do not meet the requirements (including any essential safety requirements), they must not make them available.

Reducing re-certification/re-testing costs for UKCA marking

Under the law as it stands, where a manufacturer has taken steps under an EU conformity assessment procedure prior to 31 December 2024 but the product has not been placed on the GB market by that date, those steps will be recognised and will count towards the equivalent conformity assessment procedure required under the UKCA regime (until any certificate expires or until December 2027, whichever is the sooner).

This provision was aimed at ensuring that manufacturers do not have to undertake expensive re-testing, once goods that meet EU requirements were no longer recognised on the GB market. However, as part of the process for extending the recognition of goods that meet EU requirements beyond 31 December 2024, the government will also be considering this provision, since it may no longer have any value in its current form.

Read guidance on UKCA marking.

Spares

Products which are repaired, refurbished or exchanged without changing their original performance, purpose, or type, are not considered ‘new’ and therefore do not need to be recertified and remarked.

This includes if the product is temporarily exported for repair (as the product is not being placed on the GB market for the first time when re-imported).

Repair, replacement and maintenance operations are often carried out using other products which are spare parts. Spare parts are considered to have been placed on the market at the time at which the original product or system they are ultimately intended to repair, replace or maintain was placed on the market.

This means that spare parts can comply with the same conformity assessment requirements that were in place at the time the original product or system they are ultimately intended to repair, replace or maintain was placed on the market.

The definition of a spare part will vary depending on the commercial context, but it is broadly determined by a product’s ultimate intended usage. Whether a product is ultimately intended to be used as a spare part should be evidenced by any document demonstrating this intended use, which should be produced when requested by MSAs.

If the product has been subject to important changes, substantially changing its original performance, purpose, or type, it will be considered as a ‘new’ product. Therefore, the modified product must comply with the relevant legislative requirements at the time the product is first placed on the market or put into service.

10. Qualifying Northern Ireland Goods

The Government committed to providing unfettered access for qualifying NI goods to the rest of the UK market after 1 January 2021. Products that can be placed on the market in NI in accordance with the legislation, as it applies to NI, can be sold in the rest of the UK without any additional approvals.

This means that products that are qualifying NI goods can be sold in the rest of the UK if any of the following apply:

• the CE marking is lawfully applied to the good on the basis of self-declaration
• any mandatory third-party conformity assessment was carried out by an EU-recognised notified body (including a body in a country with which the EU has a relevant mutual recognition agreement) and a CE marking is affixed
• the certificate of conformity previously held by a UK approved body has been transferred to an EU-recognised notified body and a CE marking has been affixed, or
• any mandatory third-party conformity assessment was carried out by a UK-based body, and the good is therefore marked with the CE marking and with the new UKNI marking

This will be the case even if there are changes between the EU rules that apply in NI under the terms of the Windsor Framework and the GB rules.

Read guidance on UKNI marking.

NI businesses that are importing products from the EEA and placing them on the GB market must ensure that the relevant conformity assessment procedure has been carried out, that the technical documentation has been drawn up and that the appliance or fitting bears the CE marking. They will also have to comply with the importer labelling duties (see Section 6 on obligations of importers).

Read guidance on qualifying NI goods.

11. Approved Bodies

The UK established a new framework for UK based bodies to assess appliances and fittings against GB rules. The existing active UK notified bodies were granted new UK ‘approved body’ status and are listed on a new UK database.

Approved bodies are conformity assessment bodies which have been approved by the Secretary of State to carry out the procedures for conformity assessment and certification for the GB market as set out in the 2016 Regulation as amended.

These approved bodies retain their 4-digit identification number. New approved bodies will be assigned a number by the Office for Product Safety and Standards on behalf of the Secretary of State.

Approved bodies can assess appliances and fittings for the GB market against GB essential requirements (which are, as yet, the same as EU essential requirements).

Approved bodies must be established in the UK and be independent of the manufacturer. Approved bodies must examine the technical documentation and supporting evidence in respect of an appliance or fitting to assess the adequacy of the technical design.

Where an approved body finds that essential requirements have not been met by a manufacturer, they must not issue a certificate of conformity and they must require the manufacturer to take corrective measures.

View the register of UK Approved Bodies.

The register also contains details of bodies in other countries such as Australia, New Zealand, Canada, Japan, and the United States of America, which the UK is designating as Approved Bodies through Mutual Recognition Agreements.

12. Enforcement

As set out in the 2018 Regulations as amended, for gas appliances intended for workplace use, or for use otherwise than at work in non-domestic premises, or made available to persons at a place where they may use the appliances or fittings provided for their own use there, the Health and Safety Executive (HSE) has a duty to enforce the 2018 Regulations in GB.

In GB local trading standards authorities have a duty to enforce the 2018 Regulations in relation to gas appliances or fittings for private use or consumption (other than in circumstances subject to the remit of HSE).

Where the gas appliances are intended to be used exclusively or primarily on relevant nuclear sites (as defined in Regulation 3(4) of the 2018 Regulations), the Office for Nuclear Regulation has a duty to enforce these Regulations.

The 2018 Regulations as amended provide the power to enforcement authorities to take action against economic operators for gas appliances and fittings that present a risk or are not in conformity with the 2016 Regulation as amended. There are requirements on economic operators to co-operate with the enforcement authority as appropriate on request.

The 2018 Regulations also provide powers to the Secretary of State to enforce the 2018 Regulations, the 2016 Regulation as amended and RAMS (Regulation (EC) 765/2008 as retained in UK legislation after the UK left the EU, which sets out requirements for market surveillance of products).

The GB MSA will take all appropriate measures to withdraw from the GB market, to prohibit or to restrict the supply of gas appliances (and fittings) which may endanger the health and safety of persons, property or the environment.

Regulators’ Code

MSAs must continue to have regard to the Regulators’ Code when developing the policies and operational procedures that guide their regulatory activities in this area. They should carry out their activities in a way that supports those they regulate to comply and grow, including choosing proportionate approaches that reflect risk.

In responding to non-compliance that they identify, regulators should clearly explain what the non-compliant item or activity is, the advice being given, actions required, or decisions taken, and the reasons for these. Unless immediate action is needed to prevent a serious breach, regulators should provide an opportunity for dialogue in relation to the advice, requirements or decisions, with a view to ensuring that they are acting in a way that is proportionate and consistent. The Secretary of State takes account of the provisions of both the Regulators’ Code and the Growth Duty in exercising their regulatory functions.

Read the Regulators’ Code.

Penalties

A person committing an offence under the 2018 Regulations may be liable to a penalty. Penalties can include a fine or a prison sentence of up to two years for the most serious offences. It is matter for the enforcement authority to decide whether prosecution is appropriate in each case taking into account the circumstances of the case and the enforcement authority’s own policies, operational procedures and practices in line with the Regulators’ Code. Should a prosecution take place, it is at the discretion of the court to decide the penalties imposed on the offender.

13. Glossary

• Approved Body – A conformity assessment body which has been approved by the Secretary of State.
• Authorised Representative – A person appointed in writing by a manufacturer to perform specific tasks for the manufacturer. Authorised representatives for the GB market must be based in the UK. Manufacturers remain ultimately responsible for ensuring these tasks are carried out properly.
• CE marking – the conformity assessment marking used by the European Union. Certain goods (including appliances and fittings) can be placed on the GB market bearing the CE marking. Where third party conformity assessment is required before the CE marking can be affixed, the assessment must be carried out by a Notified Body, not a UK Approved Body.

• Declaration of conformity – A document prepared by the manufacturer which must detail, among other things, the following:

• the specific product to which the declaration is referring
• the name and address of the manufacturer and, where applicable, their authorised representative

This must be kept by the manufacturer for a period of ten years from the date on which the gas appliance was placed on the GB market. This declaration must be made available to the enforcing authority upon request.

• Distributor – Any person in the GB supply chain, other than the manufacturer or the importer, who makes a gas appliance available on the GB market.
• Enforcing Authority – In GB, for gas appliances in use in the workplace, this is the Health and Safety Executive. For gas appliances for consumer use this is local trading standards authorities. The Secretary of State is also an enforcing authority, as is ONR for nuclear sites.
• Importer – A person established in the UK who places a gas appliance or fitting from a country outside of the UK on the GB market. This includes a person based in NI who has been supplied with the product from an EEA country, who would, under NI law, be a distributor. A person who before 1 January 2021 (under EU Rules) distributed a gas appliance within the EU (including the UK, and including Switzerland) is now an importer if they are bringing gas appliances into GB from another country (including the EEA or Switzerland).
• Manufacturer – A person who manufactures a gas appliance or has a gas appliance designed or manufactured and markets that gas appliance under their name or trademark.
• UKCA Marking – The UK Conformity Assessed (UKCA) marking is the new UK conformity marking used for certain goods (including gas appliances and fittings) being placed on the GB market.
• UKNI Marking (also known as the UK(NI) indication) – The UKNI marking is a new marking applied in addition to the CE marking, where a good requiring mandatory third-party conformity assessment has been tested against EU requirements by a UK body. The UKNI marking applies when placing such products on the NI market. Under the Government’s unfettered access commitments, products lawfully marked with the UKNI marking can also be placed on the GB market if they are also qualifying NI goods.

14 Footnotes

1. On 20 June 2022, the Government announced the provisions for importer labelling would be extended until 31 December 2025. On 14 November 2022 the Government announced it would be extending the provisions for importer labelling until 31 December 2027. The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (SI 2022/1393) give effect to this. ↩