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Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (Text with EEA relevance)
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1.The manufacturer's representative shall perform the tasks specified in the mandate received from the manufacturer. That mandate shall at least, provide for the representative to:
(a)have access to the [F1GB] type-approval certificate and its attachments referred to in Article 28(1), and to the certificate of conformity in [F2English]; such documentation shall be made available to the approval [F3authority] and to the market surveillance [F3authority] for a period of 10 years after the end of the validity of the [F1GB] type-approval of a vehicle and for a period of five years after the end of validity of the [F1GB] type-approval of a system, component or separate technical unit;
(b)provide [F4the approval authority], following a reasoned request from that authority, with all information, documentation and any other technical specifications, including access to software and algorithms, that are necessary to demonstrate the conformity of production of a vehicle, system, component or separate technical unit;
(c)cooperate with the approval [F3authority] or the market surveillance [F3authority], at their request, on any action taken to eliminate the serious risk posed by vehicles, systems, components, separate technical units, parts or equipment covered by that mandate;
(d)immediately inform the manufacturer about complaints and reports relating to risks, suspected incidents or non-compliance issues that relate to vehicles, systems, components, separate technical units, parts or equipment covered by that mandate;
(e)have the right to terminate the mandate without penalty if the manufacturer acts contrary to its obligations under this Regulation.
2.A manufacturer's representative who terminates the mandate on the grounds referred to in point (e) of paragraph 1 shall immediately inform [F5the approval authority].
The information to be provided shall specify at least:
(a)the date of termination of the mandate;
(b)the date until which the outgoing manufacturer's representative may be indicated in the information supplied by the manufacturer, including any promotional material;
(c)the transfer of documents, including confidentiality aspects and property rights;
(d)the obligation of the outgoing manufacturer's representative after the end of the mandate to forward to the manufacturer or incoming manufacturer's representative any complaints or reports about risks and suspected incidents relating to a vehicle, system, component, separate technical unit, part or equipment for which the outgoing manufacturer's representative had been designated as manufacturer's representative.
Textual Amendments
F1Word in Art. 15(1)(a) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 24(10)(a)(ii)(aa)
F2Word in Art. 15(1)(a) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 24(10)(a)(ii)(bb)
F3Word in Art. 15(1) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 24(10)(a)(i)
F4Words in Art. 15(1)(b) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 24(10)(a)(iii)
F5Words in Art. 15(2) substituted (31.12.2022 at 11.00 p.m.) by The Road Vehicles and Non-Road Mobile Machinery (Type-Approval) (Amendment and Transitional Provisions) (EU Exit) Regulations 2022 (S.I. 2022/1273), regs. 1(2), 24(10)(b)
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