Retained EU Law SI 2016/426 United Kingdom

Regulation (EU) 2016/426 of the European Parliament and of the Council of 9 March 2016 on appliances burning gaseous fuels and repealing Directive 2009/142/EC (Text with EEA relevance)

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Manufacturer31 Conformity Assessment Body3 Operator3 Distributor1 Any Person1

Plus 5 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Manufacturer — also bound by 502 other Acts
Conformity Assessment Body — also bound by 47 other Acts
Operator — also bound by 746 other Acts
Distributor — also bound by 182 other Acts
Any Person — also bound by 2340 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

art.15 art.15 Regulated
  • Provide a declaration of conformity for each gas appliance or fittingManufacturer
uri:annex/i/division/1 uri:annex/i/division/1 Regulated
  • Design and construct gas appliances safely with risk assessment and instructionsManufacturer
uri:annex/i/division/3/division/3.1 uri:annex/i/division/3/division/3.1 Regulated
  • Design and construct gas appliances to ensure safety in normal and abnormal useManufacturer
uri:annex/iii/division/1 uri:annex/iii/division/1 Regulated
  • Apply for type-examination and keep records for gas appliancesManufacturer
uri:annex/iii/division/2/division/2.2 uri:annex/iii/division/2/division/2.2 Regulated
  • Manufacture appliances that match your approved type-examination certificateManufacturer
uri:annex/iii/division/2/division/2.3 uri:annex/iii/division/2/division/2.3 Regulated
  • Affix approved body's identification number during manufacturingManufacturer
uri:annex/iii/division/2/division/2.4 uri:annex/iii/division/2/division/2.4 Regulated
  • Affix UK marking and provide declaration of conformity for gas appliancesManufacturer
uri:annex/iii/division/3/division/3.2 uri:annex/iii/division/3/division/3.2 Regulated
  • Operate an approved quality system and submit to surveillanceManufacturer
uri:annex/iii/division/3/division/3.3 uri:annex/iii/division/3/division/3.3 Regulated
  • Apply for quality system assessment before manufacturing gas appliancesManufacturer
uri:annex/iii/division/3/division/3.4 uri:annex/iii/division/3/division/3.4 Regulated
  • Allow approved body access to your manufacturing sites and recordsManufacturer
uri:annex/iii/division/3/division/3.5 uri:annex/iii/division/3/division/3.5 Regulated
  • Affix UK marking and keep declaration of conformity for gas appliancesManufacturer
uri:annex/iii/division/3/division/3.6 uri:annex/iii/division/3/division/3.6 Regulated
  • Keep gas appliance records for at least 10 years after placing on marketManufacturer
uri:annex/iii/division/3/division/3.7 uri:annex/iii/division/3/division/3.7 Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must report quality system decisions to the Secretary of StateCrown / Minister / Government department
uri:annex/iii/division/4/division/4.3 uri:annex/iii/division/4/division/4.3 Regulated
  • Apply to a UK approved body for quality system assessment for gas appliancesManufacturer
uri:annex/iii/division/4/division/4.4 uri:annex/iii/division/4/division/4.4 Regulated
  • Allow approved body access to your site and quality recordsManufacturer
uri:annex/iii/division/4/division/4.5 uri:annex/iii/division/4/division/4.5 Regulated
  • Affix UK marking and provide declaration of conformity for gas appliances/fittingsManufacturer
uri:annex/iii/division/4/division/4.6 uri:annex/iii/division/4/division/4.6 Regulated
  • Keep technical records for 10 years for gas appliance enforcementManufacturer
uri:annex/iii/division/4/division/4.7 uri:annex/iii/division/4/division/4.7 Regulated
  • Approved bodies must report quality system approvals to the Secretary of StateConformity Assessment Body
uri:annex/iii/division/5/division/5.2 uri:annex/iii/division/5/division/5.2 Regulated
  • Manufacturers must ensure production consistently matches the approved typeManufacturer
uri:annex/iii/division/5/division/5.3 uri:annex/iii/division/5/division/5.3 Regulated
  • Approved body must carry out conformity checks on gas appliancesManufacturer
uri:annex/iii/division/5/division/5.4 uri:annex/iii/division/5/division/5.4 Regulated
  • Keep certificates of conformity for 10 years after placing on marketManufacturer
uri:annex/iii/division/5/division/5.5 uri:annex/iii/division/5/division/5.5 Regulated
  • Ensure homogeneous production lots and retain conformity certificatesManufacturer
uri:annex/iii/division/5/division/5.6 uri:annex/iii/division/5/division/5.6 Regulated
  • Mark gas appliances and keep declaration of conformity for 10 yearsManufacturer
uri:annex/iii/division/6/division/6.2 uri:annex/iii/division/6/division/6.2 Regulated
  • Establish and maintain technical documentation for gas appliancesManufacturer
uri:annex/iii/division/6/division/6.3 uri:annex/iii/division/6/division/6.3 Regulated
  • Ensure manufacturing process and monitoring produce conforming gas appliancesManufacturer
uri:annex/iii/division/6/division/6.4 uri:annex/iii/division/6/division/6.4 Regulated
  • Keep certificates of conformity for 10 years after product is placed on marketManufacturer
uri:annex/iii/division/6/division/6.5 uri:annex/iii/division/6/division/6.5 Regulated
  • Affix UK marking and keep declaration of conformity for 10 yearsManufacturer
uri:annex/iv/division/1 uri:annex/iv/division/1 Regulated
  • Affix required markings and safety information on gas appliancesManufacturer
s.art007 Obligations of manufacturers Regulated
  • Ensure appliances and fittings meet safety standards and are correctly documentedManufacturer
s.art008 Authorised representatives Regulated
  • Appoint a UK-based authorised representative for gas appliance complianceManufacturer
s.art009 Obligations of importers Regulated
  • Check conformity and labelling before placing gas appliances or fittings on the marketManufacturer
s.art010 Obligations of distributors Regulated
  • Verify and maintain compliance of gas appliances and fittings before distributionDistributor
s.art011 Cases in which obligations of manufacturers apply to importers and distributors Regulated
  • You may become a manufacturer for gas appliance rules if you rebrand or modify productsManufacturer
s.art012 Identification of economic operators Regulated
  • Keep supply chain records for 10 years and identify operators on requestOperator
s.art014 Conformity assessment procedures for appliances and fittings Regulated
  • Submit gas appliances to a conformity assessment before placing on marketManufacturer
s.art022 Monitoring obligations Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must monitor approved bodiesCrown / Minister / Government department
s.art023 Approved Body Requirements Regulated
  • Meet all requirements for approval as a conformity assessment bodyConformity Assessment Body
s.art025 Subsidiaries of, and subcontracting by, approved bodies Regulated
  • Meet conditions when subcontracting or using subsidiaries for conformity assessmentsConformity Assessment Body
s.art029 Restriction, suspension or withdrawal of approval Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must act against non‑compliant approved bodies and follow due processCrown / Minister / Government department
s.art031 Operational obligations of approved bodies Regulated
Other duties (1) — Crown / regulator
  • Approved bodies must carry out proportionate conformity assessmentsStatutory regulator
s.art032 Appeal against decisions of approved bodies Regulated
Other duties (1) — Crown / regulator
  • Notified bodies must provide an appeals process for their decisionsStatutory regulator
s.art033 Information obligation on approved bodies Regulated
  • Report to the Secretary of State and share information with other approved bodiesAny Person
s.art037 Procedure ... for dealing with appliances or fittings presenting a risk Regulated
  • Cooperate with market surveillance and take corrective action if gas appliance presents riskOperator
s.art039 Compliant appliances or fittings which present a risk Regulated
  • Take corrective action if your compliant gas appliance still presents a riskOperator
37 other provisions — procedural and definitional
uri:annex/iii/division/4/division/4.1 uri:annex/iii/division/4/division/4.1
uri:annex/iii/division/5/division/5.7 uri:annex/iii/division/5/division/5.7
uri:annex/iii/division/5/division/5.8 uri:annex/iii/division/5/division/5.8
uri:annex/iii/division/6/division/6.1 uri:annex/iii/division/6/division/6.1
s.annex v para.1 Signed for and on behalf of: …
s.annex v para.2 (place and date of issue):
s.annex v para.3 (name, function) (signature):
s.art001 Scope
s.art002 Definitions
s.art003 Making available on the market and putting into service
s.art004 Gas supply conditions
s.art005 Essential requirements
s.art006 Making available, putting into service and exhibition at trade fairs, etc
s.art006 Designated standard
s.art013 Presumption of conformity of appliances and fittings
s.art016 General principles of the UK marking
s.art017 Rules and conditions for affixing the UK marking
s.art018 Inscriptions
s.art019 Notification
s.art020 Approval of conformity assessment bodies
s.art021 UK national accreditation body
s.art024 Presumption of conformity of approved bodies
s.art026 Application for notification
s.art027 Notification procedure
s.art028 Identification numbers and register of approved bodies
s.art030 Challenge of the competence of notified bodies
s.art034 Exchange of experience
s.art035 Coordination of notified bodies
s.art036 Market surveillance and control of appliances and fittings entering the United Kingdom market
s.art038 Union safeguard procedure
s.art040 Formal non-compliance
s.art041 Exercise of the delegation
s.art042 Committee procedure
s.art043 Penalties
s.art044 Transitional provision in relation to EU exit
s.art045 Repeal
s.art046 Entry into force and application

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.