Under Article 1(35) of Regulation (EU) 2016/426 (which the UK legislation enforces), the law explicitly states that the regulation does not apply to “any natural person who manufactures an appliance on a non-professional basis and uses it exclusively for his own purposes.”.
A hobbyist making a gas burner entirely on a non-professional basis and using it exclusively for personal model engineering is entirely excluded from the definition of a “manufacturer” for legal and commercial compliance.
Hi Bill,
There is no Article 1 (35) for 2016/426. either for the UK or European versions.
I think you are referring to the introductory / adoption text at the beginning of the EU version. It is useful to note the full text:
” (35) This Regulation should not apply to any natural person who manufactures an appliance on a non-professional basis and uses it exclusively for his own purposes.”
https://eur-lex.europa.eu/eli/reg/2016/426/oj/eng
Note the use of the would “should” this means it is not binding. I don’t know why this statement is in there but it is directly at odds with Article 2 (17) of the same document:
” (17) ‘manufacturer’ means any natural or legal person who manufactures an appliance or a fitting or who has an appliance or a fitting designed or manufactured, and markets that appliance or fitting under his name or trademark or uses the appliance for his own purposes;”
And Article 7 (1):
“1. When placing their appliances or fittings on the market or when using the appliances for their own purposes, manufacturers shall ensure that they have been designed and manufactured in accordance with the essential requirements set out in Annex I.”
It would be finally down to the courts (in the EU) to decide but my training on this sort of thing is that a “shall” overrides a “should” and the provisions of legislation take precedence over any explanatory text. The fact that the “own purposes” explicit inclusions in articles 1 and 7 when the equivalent clauses in similar regulations don’t include this.
The “exemption” does not apply in the UK as our regulation does not have the introductory text.
EDIT: And UK legislation no longer enforces ANY EU regulation. No further discussion on this, it’s getting into politics.
Robert.