The Product Safety and Metrology etc. (Amendment) Regulations 2024

Amendment to the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 and Regulation (EU) 2016/426

22.—(1) The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018(1) are amended as follows.

(2) For regulation 2C substitute—

“Further use of UK marking

2C.— (1) In this regulation “harmonised standard” has the meaning given to it in Article 2(23) of Regulation 2016/426 (pre-exit).

(2) Paragraph (3) applies where, before placing an appliance or fitting on the market or using an appliance for their own purposes, the manufacturer—

(a) ensures that the appliance or fitting has been designed and manufactured in accordance with the essential requirements set out in Annex I to Regulation 2016/426 (pre-exit);

(b) carries out the applicable conformity assessment procedure referred to in Article 14 of Regulation 2016/426 (pre-exit) or has it carried out;

(c) draws up the technical documentation referred to in Annex III to Regulation 2016/426 (pre-exit); and

(d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedure are prepared in or translated into English.

(3) Where this paragraph applies—

(a) Article 7(1) and the first subparagraph of Article 7(2) are to be treated as being satisfied;

(b) Articles 13, 14 and 17(3) do not apply;

(c) the following provisions of Article 7 apply subject to the modifications in paragraph (4)—

(i) Article 7(2), second subparagraph;

(ii) Article 7(3);

(iii) Article 7(4);

(d) Articles 8, 9(2), (4), (5) and (8), 10(2) and (3), 15(1) to (4), 17(4) and 40(1) and Annex V apply subject to the modifications in paragraph (4).

(4) The modifications referred to in paragraph (3)(c) and (d) are that—

(a) any reference to “essential requirements” is to be read as a reference to the essential requirements set out in Annex I to Regulation 2016/426 (pre-exit);

(b) any reference to “designated standard” is to be read as a reference to a harmonised standard;

(c) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annex III to Regulation 2016/426 (pre-exit);

(d) in Article 7(2), in the second subparagraph the reference to “procedure referred to in the first subparagraph” is to be read as a reference to the applicable conformity assessment procedure referred to in Article 14 of Regulation 2016/426 (pre-exit);

(e) any reference to “appropriate conformity assessment procedure” is to be read as a reference to the applicable conformity assessment procedure referred to in Article 14 of Regulation 2016/426 (pre-exit);

(f) Article 17(4) is to be read as if the words beginning with “and” and ending with “paragraph 3” were omitted;

(g) in Annex 5 the reference to “relevant statutory requirements” is to be read as including Regulation 2016/426 (pre-exit);

(h) in paragraph 7 of Annex 5, the reference to “approved body” is to be read as a reference to the conformity assessment body that undertook the conformity assessment procedure in accordance with Article 14 of Regulation 2016/426 (pre-exit).”.

(3) In Article 44 of Regulation (EU) 2016/426 of the European Parliament and of the Council on appliances burning gaseous fuels and repealing Directive 2009/142/EC(2), omit paragraphs (4) to (6).

(1)

S.I. 2018/389; they were made in part under section 2(2) of the European Communities Act 1972 and are accordingly saved by virtue of section 2(1) of the European Union (Withdrawal) Act 2018; they were amended in respect of England and Wales and Scotland by S.I. 2019/696, S.I. 2021/1273 and S.I. 2022/1393; there are other amending instruments but none is relevant.

(2)

EUR 2016/429, as amended by S.I. 2021/1273 and S.I. 2022/1393.