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)

Changes over time for: Article 9

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Art. 2(14) words substituted by S.I. 2019/696 Sch. 36 para. 2(3)(a) (This amendment not applied to legislation.gov.uk. Sch. 36 para. 2(3)(a) substituted immediately before IP completion day by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 25(4))
Art. 2(15) words substituted by S.I. 2019/696 Sch. 36 para. 2(3)(a) (This amendment not applied to legislation.gov.uk. Sch. 36 para. 2(3)(a) substituted immediately before IP completion day by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 25(4))
Art. 2(16) words substituted by S.I. 2019/696 Sch. 36 para. 2(3)(a) (This amendment not applied to legislation.gov.uk. Sch. 36 para. 2(3)(a) substituted immediately before IP completion day by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 25(4))
Art. 2(18) substituted by S.I. 2019/696 Sch. 36 para. 2(3)(b) (This amendment not applied to legislation.gov.uk. Sch. 36 para. 2(3)(b) omitted immediately before IP completion day by virtue of S.I. 2020/1460, reg. 1(4), Sch. 3 para. 3)
Art. 2(18) words substituted in earlier amending provision S.I. 2019/696, Sch. 36 para. 2(3)(b) by S.I. 2020/852 reg. 4(2) Sch. 1 para. 1(v)(ii) (This amendment not applied to legislation.gov.uk. Sch. 1 para. 1(v)(ii) omitted immediately before it comes into force by virtue of S.I. 2020/1460, regs. 1(3), Sch. 4 para. 1(3))
Art. 23(2A) inserted by S.I. 2024/504 reg. 18(b)

Article 9U.K.Obligations of importers

1.Importers shall place only compliant appliances or fittings on the market.

2.Before placing an appliance on the market, importers shall ensure that the appropriate conformity assessment procedure referred to in Article 14 has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the appliance bears the [F1UK] marking and is accompanied by instructions and safety information in accordance with point 1.5 of Annex I, and that the manufacturer has complied with the requirements set out in Article 7(5) and (6).

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. They shall ensure that the manufacturer has drawn up the technical documentation, that the fitting bears the [F1UK] marking and is accompanied by a copy of the F2... 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).

Where an importer considers or has reason to believe that an appliance or a fitting is not in conformity with the essential requirements set out in Annex I, he shall not place the appliance or the fitting on the market until it has been brought into conformity. Furthermore, where the appliance or the fitting presents a risk, the importer shall inform the manufacturer and the market surveillance [F3authority] to that effect.

3.Importers shall indicate on the appliance their name, registered trade name or registered trade mark, and the postal address at which they can be contacted F4.... The contact details shall be in a language easily understood by consumers and other end-users and the market surveillance [F5authority].

Importers shall indicate on the fitting their name, registered trade name or registered trade mark, and the postal address at which they can be contacted F4... The contact details shall be in a language easily understood by appliance manufacturers and the market surveillance [F5authority].

[F6The obligation set out in the first and second subparagraphs of this paragraph 3 to indicate information on the appliance or fitting does not apply where—

(a)either—

(i)it is not possible to indicate that information on the appliance or fitting, or

(ii)the importer has imported the appliance or fitting from an EEA state or Switzerland and places it on the market within the period of [F7seven years] beginning with IP completion day, and

(b)before placing the appliance or fitting on the market, the importer sets out the information referred to in the first and second subparagraphs on the packaging of the appliance or fitting or in a document accompanying the appliance or fitting.]

4.Importers shall ensure that the appliance is accompanied by instructions and safety information in accordance with point 1.5 of Annex I, [F8that are clear, legible and in easily understandable English].

Importers shall ensure that the fitting is accompanied by a copy of the F9... declaration of conformity containing, inter alia, instructions for incorporation or assembly, adjustment, operation and maintenance in accordance with point 1.7 of Annex I, [F8that are clear, legible and in easily understandable English].

5.Importers shall ensure that, while an appliance or a fitting is under their responsibility, storage or transport conditions do not jeopardise its compliance with the essential requirements set out in Annex I.

6.When deemed appropriate with regard to the risks presented by an appliance, importers shall, to protect the health and safety of consumers and other users, carry out sample testing of appliances made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming appliances and fittings and recalls of such appliances and fittings, and shall keep distributors informed of any such monitoring.

7.Importers who consider or have reason to believe that an appliance or a fitting which they have placed on the market is not in conformity with this Regulation shall immediately take the corrective measures necessary to bring that appliance or fitting into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the appliance or the fitting presents a risk, importers shall immediately inform the [F10enforcement authority] to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

8.Importers shall, for 10 years after the appliance or the fitting has been placed on the market, keep a copy of the F11... declaration of conformity at the disposal of the market surveillance [F12authority] and ensure that the technical documentation can be made available to [F13that authority], upon request.

9.Importers shall, further to a reasoned request from [F14the enforcement authority], provide it with all the information and documentation necessary to demonstrate the conformity of an appliance or a fitting in a language which can be easily understood by that authority. That information and documentation may be provided in paper or electronic form. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by appliances or fittings which they have placed on the market.

Textual Amendments

F1Word in Art. 9(2) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 2(10)(a)(i) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F2Word in Art. 9(2) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 2(10)(a)(ii) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F3Word in Art. 9(2) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 2(10)(a)(iii) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F4Words in Art. 9(3) omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 2(10)(b)(i)(aa) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F5Word in Art. 9(3) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 2(10)(b)(i)(bb) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in Art. 9(3) inserted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 36 para. 2(10)(b)(ii) (as amended by S.I. 2019/1246, regs. 1(3), 5; S.I. 2020/676, regs. 1(1), 2; S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(v)(iv); and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 2(1)(o)); 2020 c. 1, Sch. 5 para. 1(1)