Statutory guidance

Regulation (EU) 2016/426 and the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018: Northern Ireland

Updated 7 November 2023

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Guidance on the regulations as they apply to appliances being supplied in or into Northern Ireland.

November 2023

1. Introduction

This Guide is for businesses placing gas appliances or fittings on the market in Northern Ireland.

Under the terms of the Windsor Framework see footnote 1, Northern Ireland (“NI”) aligns with relevant EU rules (in Annex 2) relating to the placing on the market of manufactured goods. Gas appliances and fittings placed on the NI market must therefore follow UK law as it applies to NI. The relevant law is Regulation EU 2016/426 on appliances burning gaseous fuels and the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 which apply across the UK but some of the provisions apply differently in NI.

Regulation (EU) 2016/426 sets out the essential requirements which must be met before appliances or fittings burning gaseous fuels can be placed on the NI 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 EU 2016/426 is to set out 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 guide is designed to help you comply with Regulation 2016/426 and the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (referred to in this document collectively as the “Amended Gas Appliances Regulations” and individually the “2016 Regulation” and the “2018 Regulations” respectively).

From 16 July 2021, the EU Regulation on Market Surveillance 2019/1020 (referred to as “MSC” in this document) replaces the market surveillance provisions in the Regulation on Accreditation and Market Surveillance 765/2008. Under the terms of the Windsor Framework, EU rules on goods listed in Annex 2 apply in Northern Ireland, including MSC which will be directly applicable in NI and applies in addition to the 2016 Regulation. MSC does not apply in Great Britain.

Article 4 of MSC requires that an economic operator responsible for compliance must be based in the EU (or NI) in order to lawfully place certain products on the market, including gas appliances and fittings. This responsible economic operator must fulfil certain compliance tasks. This Guide summarises key requirements of Article 4, but detailed guidance is available.

Read guidance on placing certain products on the Northern Ireland market

Gas appliances and fittings placed on the Great Britain (“GB”) market (GB comprises England, Scotland and Wales) must follow the separate rules for the GB market.

Read guidance on the regulations in Great Britain

The government is committed to providing unfettered access for qualifying NI goods to the rest of the UK market. Gas appliances and fittings that can be placed on the NI market in accordance with the Amended Gas Appliances Regulations, as they apply to NI, can be sold in the rest of the UK without any additional approvals. The arrangements here are explained in detail in the separate guidance for placing gas appliances and fittings on the market in GB.

2. Legislative Background

The 2016 Regulation on appliances burning gaseous fuels – the Gas Appliances Regulation 2016 – was adopted on 9 March 2016 and entered into force on 21 April 2018, replacing the previous Directive 2009/142/EC.

The 2016 Regulation has been directly applicable since 21 April 2018. The enforcement and sanctions approach were implemented into UK law by the 2018 Regulations (SI 2018 No. 389). The 2018 Regulations replaced the Gas Appliances (Safety) Regulations 1995 (“1995 Regulations”) for gas appliances and fittings placed on the market on or after 21 April 2018.

The 2018 Regulations were amended by the Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 and the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 to give effect to the Windsor Framework as it relates to the placing on the NI market of gas appliances and fittings. See footnote 2

There is therefore one set of UK 2018 Regulations, but some of the provisions apply differently in NI and GB. References to the 2018 Regulations in this guidance are references to those Regulations as they apply in NI.

The 2016 Regulation continues to have direct effect in NI as a result of the Windsor Framework.

3. Scope

The 2016 Regulation applies to gas appliances and fittings.

(1) The 2016 Regulation applies to:

  • appliances burning 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 which are regulating, controlling and safety devices and sub-assemblies thereof intended to be incorporated into appliances or assembled to constitute appliances (2) The 2016 Regulation does not apply to appliances specifically designed:

  • for use in industrial processes carried out on industrial premises
  • for use on aircrafts and railways
  • for research purposes for 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 2016 Regulation does not apply to gas appliances and fittings placed on the EEA market before 21 April 2018 such products remain regulated under the 1995 Regulations.

4. Requirements

The 2016 Regulation

The essential requirements listed in Annex I of the 2016 Regulation apply to gas appliances and fittings as appropriate. All gas appliances and fittings within scope must undergo a conformity assessment procedure set out in Article 14 to demonstrate compliance with the essential requirements.

MSC

Responsible economic operator

If a gas appliance or fitting is offered for sale or supply to NI (or EU) consumers, it is considered to be placed on the EEA market. Article 4 requires that a responsible economic operator must be based in NI (or the EU) to carry out certain compliance tasks in respect of that appliance or fitting. This can be the manufacturer, an importer, a manufacturer’s authorised representative, or a fulfilment service. They must carry out the compliance tasks in Article 4 and their contact details must be indicated on the product or on its packaging, the parcel or an accompanying document.

Read guidance on placing certain products on the Northern Ireland market

5. Obligations of manufacturers

The 2016 Regulation

A manufacturer is a person who 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 or fitting for their own purpose.

The obligations of manufacturers of gas appliances and fittings include:

  1. Before placing gas appliances or fittings on the NI market or when using for their own purposes, a manufacturer must ensure that it has been designed and manufactured in accordance with the applicable essential requirements. These are set out in Annex I to the 2016 Regulation. They must also have a relevant conformity assessment procedure carried out and technical documentation drawn up.
  2. Once this has been done a manufacturer must draw up an EU Declaration of Conformity and affix the CE marking 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 CE marking to the appliance or fitting, it must be affixed to the packaging and the accompanying documents.
  3. When conformity assessment has been carried out by a UK notified body, the UKNI marking (also known as the UK(NI) indication) must be affixed as well as the CE marking. This product can then be placed on the NI market but it cannot be placed on the EEA market. There is separate guidance on when and how to use the UKNI marking. Read guidance on UKNI marking
  4. Manufacturers must keep the EU Declaration of Conformity 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 NI market.
  5. Manufacturers must ensure that procedures are in place for series production to remain in conformity. When deemed appropriate having assessed the risk they must carry out sample testing, keep a register of complaints, and keep distributors informed of any such monitoring.
  6. The manufacturer must ensure that all gas appliances and fittings placed on the NI market bears a type and serial or batch number, the manufacturer’s name, registered trade name or registered trademark and postal address. Where the size or nature of the gas appliance or the fitting does not allow this, then it may be provided on the packaging or in an accompanying document.
  7. 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.
  8. The manufacturer must ensure that the fitting is accompanied by the EU Declaration of Conformity containing: instructions for incorporation or assembly, adjustment; operation and maintenance in accordance with point 1.7 of Annex I. The instructions 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 EU Declaration of Conformity.
  9. The manufacturer must, when appropriate with regard to any risk posed to end-users, carry out sample testing of appliances they have placed on the NI market, investigate any complaints that the appliances or fittings are not in conformity with Regulation EU 2016/426, and keep distributors informed of any actions taken as a result. The manufacturer must also keep a register of these complaints, of appliances or fittings found not to be in conformity, and of product recalls.
  10. Where the manufacturer believes that an appliance or fitting they have placed on the NI market is not in conformity, they must immediately take corrective measures to bring that appliance or fitting into conformity, to withdraw it or recall it if appropriate. They must also inform the enforcement authority of any corrective measures taken, and the competent authorities of any relevant state in which the manufacturer has made the appliance available on the market, of the risk. They must also co-operate with enforcement authorities and provide all necessary information and documentation to the NI enforcement authority 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 NI market. Read more information on how to notify the MSA.

MSC

If a gas appliance or fitting is offered for sale or supply to NI (or EU) consumers, it is considered to be placed on the EEA market. Article 4 requires that a responsible economic operator must be based in NI (or the EU) to carry out certain compliance tasks in respect of that appliance or fitting. This can be the manufacturer, the importer, a manufacturer’s authorised representative, or a fulfilment service. The responsible economic operator must:

  1. Keep documentation: Verify that the EU declaration of conformity or declaration of performance and technical documentation have been drawn up, keep the declaration of conformity or declaration of performance at the disposal of market surveillance authorities for 10 years and ensure that the technical documentation can be made available to those authorities upon request.
  2. Provide documentation: If a reasoned request is made by a market surveillance authority, provide them with all information and documentation necessary to demonstrate the conformity of the product.
  3. Notify risk: If there is reason to believe a product presents a risk, inform the market surveillance authority.
  4. Cooperate: Cooperate with market surveillance authorities, including requests to take appropriate corrective action. If that is not possible, mitigate the risks presented by the product when they believe the product presents a risk or are requested to do so by the market surveillance authorities.

The contact details of the responsible economic operator must be indicated on the product or on its packaging, the parcel or an accompanying document.

6. Obligations of authorised representatives

A manufacturer can appoint an authorised representative to perform certain tasks on their behalf.

An authorised representative appointed by a manufacturer to represent him in either the NI or EEA markets cannot be based in GB. This means that GB based authorised representatives cannot carry out tasks on the manufacturer’s behalf for products being placed on the NI or European Economic Area (EEA) markets.

An authorised representative based in NI can, under the Amended Gas Appliances Regulations as they apply in NI, carry out tasks on the manufacturer’s behalf for products placed on the NI or EU markets.

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

(a) keeping the EU Declaration of Conformity and the technical documentation at the disposal of the national market surveillance authorities for 10 years after the gas appliance has been placed on the market

(b) further to a reasoned request from a competent national authority, providing that authority with all the information and documentation necessary to demonstrate the conformity of the gas appliance or fitting

(c) cooperating with the competent national authorities, at their 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 Amended Gas Appliances Regulations that they are appointed by the manufacturer to perform. There are some duties that a manufacturer cannot mandate an authorised representative to perform (e.g. conformity assessment) and some that must form part of the authorised representatives mandate (e.g. retention of technical documentation).

A manufacturer remains responsible for the proper performance of any obligations the authorised representative performs on their behalf.

Any references in the Amended Gas Appliances 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

For the purposes of the Amended Gas Appliances Regulations as they apply in NI, an importer is a business or person established in NI or the EEA who places an appliance or fitting from outside of the EEA or NI on the NI or EEA market. Therefore, a business or person based in Northern Ireland who is supplied with a product from GB will be an importer under the Amended Gas Appliances Regulations, if they then sell that product on the NI (or EEA) markets.

The obligations of importers include:

  1. Before placing an appliance on the market, an importer must ensure that 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.
  2. The importer must ensure that the manufacturer has drawn up technical documentation; the gas appliance bears the CE marking and is accompanied by required documents and information in accordance with point 1.5 of Annex 1 and that the manufacturer has complied with the requirements set out in Article 7(5) and (6). When conformity assessment has been carried out by a UK notified body, the UKNI marking see footnote 3 (also known as the UK(NI) indication) must be affixed as well as the CE marking.
  3. Before placing a fitting on the market, importers shall ensure that the appropriate conformity assessment procedure referred to in Article 14 has been carried out by the manufacturer.
  4. The importer shall ensure that the manufacturer has drawn up the technical documentation, that the fitting bears the CE marking and is accompanied by a copy of the EU declaration of conformity containing, inter alia, instructions for incorporation or assembly, adjustment, operation and maintenance in accordance with point 1.7 of Annex I, and that the manufacturer has complied with the requirements set out in Article 7(5) and (6) of the 2016 Regulation.
  5. When conformity assessment has been carried out by a UK notified body, the UK(NI) indication must be affixed as well as the CE marking. A product with the CE UKNI marking cannot then be placed on the market in the EU. There is separate guidance on when and how to use the UKNI marking. Read guidance on UKNI marking
  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 NI market, 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. Importers shall indicate their name, registered trade name or registered trademark and postal address on the relevant gas appliance or fitting. Where this is not possible it may be provided on the packaging or in an accompanying document.
  8. The contact details shall be in a language easily understood by appliance manufacturers and the market surveillance authorities. If the fitting is placed on the market in Northern Ireland, the language shall be in English
  9. The importer must keep a copy of the EU Declaration of Conformity and technical documentation for a period of 10 years after the gas appliance or the fitting has been placed on the NI market.
  10. 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.
  11. Where the importer believes that an appliance or fitting they have placed on the NI market is not in conformity, they must immediately take corrective measures to bring that appliance or fitting into conformity, to withdraw it or recall it if appropriate. They must also inform the enforcement authority of any corrective measures taken, and the competent authorities of any relevant state in which the importer has made the appliance available on the market, of the risk. They must also co-operate with enforcement authorities and provide all necessary information and documentation to the NI enforcement authority 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 NI market. Read more information on how to notify the MSA.
  12. The importer must also cooperate with and provide information to enforcing authorities 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.

8. Obligations of distributors

A distributor is any person, other than the manufacturer or importer, who makes appliances and fittings available on the NI market.

NI businesses which were distributors of gas appliances or fittings supplied to them from GB should now consider whether they are classified as importers under the Amended Gas Appliances Regulations and therefore what additional requirements they need to comply with – see section 7 above. Under the Amended Gas Appliances Regulations an NI business placing a product from GB on the NI market does so as an importer, not as a distributor under the Amended Gas Appliances Regulations.

The obligations of distributors include:

  1. Before making a gas appliance or fittings available on the NI market, a distributor takes due care to ensure that it is in conformity with the 2016 Regulation.
  2. Before making an appliance available on the NI market, a distributor must ensure that it bears the CE marking (when conformity assessment has been carried out by a UK notified body, the UKNI marking see footnote 4 (also known as the UK(NI) indication) must be affixed as well as the CE marking); is accompanied by a copy of the instructions and safety information in accordance with point 1.5 of Annex I that are clear, legible and in easily understandable English; and that the manufacturer and importer have complied with their obligations as to required labelling.
  3. Before making a fitting available on the market, distributors must ensure that the fitting bears the CE marking (when conformity assessment has been carried out by a UK notified body, the UKNI marking (also known as the UK(NI) indication) must be affixed as well as the CE marking) is accompanied by a copy of the EU 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, in easily understandable English; and that the manufacturer and the importer have complied with the requirements as to required labelling.
  4. 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.
  5. Where they have reason to believe that the gas appliance or the fitting they have made available on the NI 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, distributors shall immediately inform the enforcement authority in NI to that effect, and the competent authorities of any relevant state in which the distributor has made the appliance available on the market, of the risk, giving details, in particular, of the non-compliance and of any corrective measures taken. Read more information on how to notify the MSA.
  6. Distributors must also cooperate with and provide all necessary information and documentation to the enforcement authority in NI 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 NI market.

9. Products placed on the market before 1 January 2021

If you placed an individual fully manufactured product on the EEA or the UK market (either in NI or GB) before 1 January 2021, you do not need to take any additional action. These individual goods can continue to circulate on either market until they reach their end user and do not need to comply with the changes that took effect from 1 January 2021.

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

The relevant economic operator (whether manufacturer, importer or distributor) bears the burden of proof for demonstrating that the good was placed on the market before 1 January 2021.

10. Conformity Marking

Where an appliance or fitting is being placed on the NI market, and the manufacturer chooses to have it conformity assessed by an EU recognised body, the marking for the NI and EEA markets continues to be the CE marking.

The CE marking can continue to be used for the GB market see footnote 6, as long as all the other rules have been complied with.

Since 1 January 2021, where the manufacturer chooses to have the appliance or fitting conformity assessed by a UK notified body, the CE marking must be accompanied by the UKNI marking (also known as the UK(NI) indication). Products with the UKNI marking cannot be placed on the EEA market.

There is separate guidance on when and how to use the UKNI marking.

Read guidance on UKNI marking

11. Notified Bodies

Notified Bodies are independent organisations notified to the European Commission to carry out the procedures for conformity assessment and certification set out in the 2016 Regulations.

From 1 January 2021, all UK Notified Bodies have remained Notified Bodies for the purpose of CE marking products for the NI market. When these UK bodies are used for mandatory conformity assessment activity, then the manufacturer will need to affix both the CE and UKNI markings. A product with both the CE and UKNI markings cannot then be placed on the market in the EEA. There is separate guidance on when and how to use the UKNI marking.

Read guidance on UKNI marking

A list of EU Notified Bodies can be found on the NANDO website. If a manufacturer uses a Notified Body from this list, then they apply only the CE marking to their product (not both the CE and UKNI markings).

Access the list of UK Notified Bodies.

12. Qualifying Northern Ireland Goods

The government is committed to providing unfettered access for qualifying Northern Ireland goods to the rest of the UK market. Appliances and fittings that can be placed on the NI market in accordance with the 2016 Regulations, can be sold in the rest of the UK without any additional approvals. The guide to placing gas appliances and fittings on the GB market has further details on these arrangements.

Read guidance on qualifying Northern Ireland goods

13. Enforcement

As set out in the 2018 Regulations for gas appliances intended for workplace use, the Health and Safety Executive for Northern Ireland (HSENI) has a duty to enforce the Amended Gas Appliances Regulations in NI.

In NI, district councils have a duty to enforce the Amended Gas Appliances Regulations in relation to consumer goods.

Where the gas appliances are intended to be used on nuclear sites, the Office for Nuclear Regulation has a duty to enforce these Regulations.

The 2018 Regulations provide the power to market surveillance 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. 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 and RAMS (Regulation (EC 765/2008 which sets out requirements for market surveillance of products).

Safeguard procedure

Enforcement authorities are required under the 2016 Regulations to take all appropriate measures to withdraw from the NI market, or to prohibit or restrict the supply of products bearing CE Marking which may endanger the health and safety of persons, property or the environment if the relevant economic operator does not do so. Under the safeguard procedure, the UK must inform the European Commission and EU Member States immediately of any enforcement action taken indicating the reasons justifying the action. This will enable Member States to take action against similar products placed on the market on their territories. Similarly, if an EU Member State initiates the procedure with respect to action taken on their territories, certain actions are required of UK market surveillance authorities and the Secretary of State. The European Commission will determine whether the action taken is justified; if so, enforcement authorities must take necessary measures to ensure the appliance or fitting is withdrawn from the market.

Regulators’ Code

Market surveillance authorities must 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 his 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 three months for the most serious offences or both. It is a 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 authorities’ own policies, operational procedures and practices in line with the Regulators Code. Should a prosecution take place, and the economic operator is found to be in breach, it is at the discretion of the court to decide the penalties imposed on the offender.

14. European Commission Guidance

Access guidance from the European Commission

The European Commission has produced guidance called the Blue Guide intended to contribute to a better understanding of EU product safety rules and to their more uniform and coherent application across different sectors and throughout the single market.

Access the Blue Guide from the European Commission

15. Glossary

  • Approved Body – A conformity assessment body which has been approved by the Secretary of State or was a UK ‘Notified Body’ prior to 1 January 2021 able to carry out conformity assessment of products with a view to UKCA marking. They are not recognised by the EU (unless they have a presence in the EU) and cannot approve CE marking.
  • Authorised Representative – A person appointed in writing by a manufacturer to perform specific tasks for the manufacturer. An authorised representative can be based anywhere in the EEA or NI. The authorised representative cannot be based in GB, in respect of products being supplied on the NI market. Manufacturers remain ultimately responsible for ensuring these tasks are carried out properly.
  • CE marking – the CE marking can be placed on products which have been conformity assessed by an EU Notified Body and are intended for the EU or NI markets.
  • Distributor – Any person in the EEA or NI supply chains, other than the manufacturer or the importer, who makes a product available in the EEA or NI markets.
  • Enforcing Authority – In NI, for products in the use in the workplace, the enforcing authority is the Health and Safety Executive for Northern Ireland (HSENI). For products for private use it is district councils.

  • EU Declaration of conformity – A document prepared by the manufacturer which must detail, amongst 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 product was placed on the NI market. This declaration must be made available to the enforcing authority upon request.

  • Fulfilment service – A natural or legal person offering, in the course of commercial activity, at least two of the following services: warehousing, packaging, addressing and dispatching, without having ownership of the products involved. This does not include postal, parcel or freight services. See footnote 6
  • Importer – A person established in NI who places a product from a country outside of the EEA or NI on the NI market. A person based in NI who distributes a product from GB onto the NI (or EEA) market, is now an importer if they are bringing products into NI from the GB.
  • Manufacturer – A person who manufactures appliances or fittings or has them designed or manufactured and markets that product under their name or trademark.
  • Notified Body – A conformity assessment body based in the EEA which has been approved by an EEA Member State to carry out conformity assessment for placing products on the EU and NI markets; or a conformity assessment body that is based in the UK and has been approved by the Secretary of State, including bodies which were notified bodies whilst the UK followed EU rules. If these UK based Notified Bodies are used, the CE marking must be accompanied by the UKNI marking and cannot be placed on the EEA market (just the NI market, or, where it is also a qualifying NI good, the GB market)
  • UKCA Marking – The UK Conformity Assessed (UKCA) marking is the new UK conformity marking used for certain goods being placed on the GB market, in place of the CE marking, which is the conformity marking used in the European Union. Products being placed on the NI market cannot be UKCA marked and must continue to be CE marked. There are special arrangements in place to ensure NI’s unfettered access to the rest of the UK.
  • UKNI marking (also known as the UK(NI) indication) – The UKNI marking must be used along with the CE marking if manufacturers wish to use a UK Notified Body for conformity assessment. The UKNI marking allows the product to be placed on the NI market (and, under the Government’s unfettered access commitments, where the product is also a qualifying NI good, on the GB market), but not the EEA market.

16. Footnotes

1: The “Windsor Framework” has the same meaning as set out in Joint Declaration No 01/2023 by the United Kingdom of Great Britain and Northern Ireland and the European Union in the Withdrawal Agreement Joint Committee on the Windsor Framework on 24 March 2023.

2: In 2019, the Amended Gas Appliances Regulations were amended by the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 to fix any deficiencies that arose from the UK leaving the EU (such as references to EU institutions) and make specific provision for the UK market. The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 were then amended by the Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 to apply to Great Britain only, and not to Northern Ireland, in support of implementing the Windsor Framework.

3: There is separate guidance on when and how to use the UKNI marking online. Read guidance on UKNI marking.

4: There is separate guidance on when and how to use the UKNI marking online. Read guidance on UKNI marking.

5: 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) give effect to this. On 1 August 2023, the UK Government announced its intention to introduce legislation to extend recognition of goods that meet EU requirements (including the CE marking), indefinitely, beyond 2024 for many products. This will mean that certain goods that meet EU requirements can be placed on the GB market. These updates apply to the 18 regulations that fall under the Department for Business and Trade (DBT).

6: Fulfilment service is defined in Article 3 of MSC and for the purposes of MSC only is considered an economic operator. There are no specific obligations on fulfilment services under the 2016 Regulation.

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