Directive 2014/29/EU of the European Parliament and of the CouncilShow full title

CHAPTER 2 U.K. OBLIGATIONS OF ECONOMIC OPERATORS

Article 6 U.K. Obligations of manufacturers

1. When placing on the market their vessels of which the product of PS × V exceeds 50 bar.L, manufacturers shall ensure that they have been designed and manufactured in accordance with the essential safety requirements set out in Annex I.

When placing on the market their vessels of which the product of PS × V is 50 bar.L or less, manufacturers shall ensure that they have been designed and manufactured in accordance with the sound engineering practice in one of the Member States.

2. For vessels of which the product of PS × V exceeds 50 bar.L, manufacturers shall draw up the technical documentation referred to in Annex II and carry out the relevant conformity assessment procedure referred to in Article 13 or have it carried out.

Where compliance of a vessel of which the product of PS × V exceeds 50 bar.L with the applicable requirements has been demonstrated by that procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking and the inscriptions provided for in point 1 of Annex III.

Manufacturers shall ensure that vessels of which the product of PS × V is 50 bar.L or less, bear the inscriptions laid down in point 1 of Annex III.

3. Manufacturers shall keep the technical documentation and the EU declaration of conformity for 10 years after the vessel has been placed on the market.

4. Manufacturers shall ensure that procedures are in place for series production to remain in conformity with this Directive. Changes in vessels design or characteristics and changes in the harmonised standards or in other technical specifications by reference to which conformity of a vessel is declared shall be adequately taken into account.

When deemed appropriate with regard to the risks presented by a vessel, manufacturers shall, to protect the health and safety of end-users, carry out sample testing of vessels made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming vessels and vessel recalls, and shall keep distributors informed of any such monitoring.

5. Manufacturers shall ensure that vessels which they have placed on the market bear a type and serial or batch identification allowing their identification.

6. Manufacturers shall indicate on the vessel their name, registered trade name or registered trade mark and the postal address at which they can be contacted. The address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be in a language easily understood by end-users and market surveillance authorities.

7. Manufacturers shall ensure that the vessel is accompanied by the instructions and safety information referred to in point 2 of Annex III, in a language which can be easily understood by end-users, as determined by the Member State concerned. Such instructions and safety information, as well as any labelling, shall be clear, understandable and intelligible.

8. Manufacturers who consider or have reason to believe that a vessel which they have placed on the market is not in conformity with this Directive shall immediately take the corrective measures necessary to bring that vessel into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the vessel presents a risk, manufacturers shall immediately inform the competent national authorities of the Member States in which they made the vessel available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

9. Manufacturers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of the vessel with this Directive, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by vessels which they have placed on the market.

Article 7 U.K. Authorised representatives

1. A manufacturer may, by a written mandate, appoint an authorised representative.

The obligations laid down in Article 6(1) and the obligation to draw up technical documentation referred to in Article 6(2) shall not form part of the authorised representative’s mandate.

2. An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The mandate shall allow the authorised representative to do at least the following:

(a) keep the EU declaration of conformity and the technical documentation at the disposal of national market surveillance authorities for 10 years after the vessel has been placed on the market;

(b) further to a reasoned request from a competent national authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a vessel;

(c) cooperate with the competent national authorities, at their request, on any action taken to eliminate the risks posed by vessels covered by the authorised representative’s mandate.

Article 8 U.K. Obligations of importers

1. Importers shall place only compliant vessels on the market.

2. Before placing on the market a vessel of which the product of PS × V exceeds 50 bar.L, importers shall ensure that the appropriate conformity assessment procedure referred to in Article 13 has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the vessel bears the CE marking and the inscriptions provided for in point 1 of Annex III and is accompanied by the required documents, and that the manufacturer has complied with the requirements set out in Article 6(5) and (6).

Where an importer considers or has reason to believe that a vessel of which the product of PS × V exceeds 50 bar.L is not in conformity with the essential safety requirements set out in Annex I, he shall not place the vessel on the market until it has been brought into conformity. Furthermore, where the vessel presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.

Before placing on the market a vessel of which the product of PS × V is 50 bar.L or less, importers shall ensure that it has been designed and manufactured in accordance with the sound engineering practice in one of the Member States, bears the inscriptions provided for in point 1.2 of Annex III and that the manufacturer has complied with the requirements set out in Article 6(5) and (6).

3. Importers shall indicate on the vessel their name, registered trade name or registered trade mark and the postal address at which they can be contacted or, where that is not possible, in a document accompanying the vessel. The contact details shall be in a language easily understood by end-users and market surveillance authorities.

4. Importers shall ensure that the vessel is accompanied by the instructions and safety information referred to in point 2 of Annex III, in a language which can be easily understood by end-users, as determined by the Member State concerned.

5. Importers shall ensure that, while a vessel in respect of which the product of PS × V exceeds 50 bar.L is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the essential safety requirements set out in Annex I.

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

7. Importers who consider or have reason to believe that a vessel which they have placed on the market is not in conformity with this Directive shall immediately take the corrective measures necessary to bring that vessel into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the vessel presents a risk, importers shall immediately inform the competent national authorities of the Member States in which they made the vessel available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

8. For vessels of which the product of PS × V exceeds 50 bar.L, importers shall, for 10 years after the vessel has been placed on the market, keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation can be made available to those authorities, upon request.

9. Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of a vessel in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by vessels which they have placed on the market.

Article 9 U.K. Obligations of distributors

1. When making a vessel available on the market distributors shall act with due care in relation to the requirements of this Directive.

2. Before making available on the market a vessel of which the product of PS × V exceeds 50 bar.L, distributors shall verify that the vessel bears the CE marking and the inscriptions provided for in point 1 of Annex III, that it is accompanied by the required documents and by instructions and safety information referred to in point 2 of Annex III in a language which can be easily understood by end-users in the Member State in which the vessel is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 6(5) and (6) and Article 8(3) respectively.

Where a distributor considers or has reason to believe that a vessel of which the product of PS × V exceeds 50 bar.L is not in conformity with the essential safety requirements set out in Annex I, he shall not make the vessel available on the market until it has been brought into conformity. Furthermore, where the vessel presents a risk, the distributor shall inform the manufacturer or the importer to that effect as well as the market surveillance authorities.

Before making available on the market a vessel of which the product of PS × V is 50 bar.L or less, distributors shall verify that the vessel bears the inscriptions provided for in point 1.2 of Annex III and is accompanied by the instructions and safety information referred to in point 2 of Annex III in a language which can be easily understood by end-users in the Member State in which the vessel is to be made available on the market, and that the manufacturer and the importer have complied with the requirements set out in Article 6(5) and (6) and Article 8(3) respectively.

3. Distributors shall ensure that, while a vessel of which the product of PS × V exceeds 50 bar.L is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the essential safety requirements set out in Annex I.

4. Distributors who consider or have reason to believe that a vessel which they have made available on the market is not in conformity with this Directive shall make sure that the corrective measures necessary to bring that vessel into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where the vessel presents a risk, distributors shall immediately inform the competent national authorities of the Member States in which they made the vessel available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

5. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of a vessel. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by vessels which they have made available on the market.

Article 10 U.K. Cases in which obligations of manufacturers apply to importers and distributors

An importer or distributor shall be considered a manufacturer for the purposes of this Directive and he shall be subject to the obligations of the manufacturer under Article 6, where he places a vessel on the market under his name or trade mark or modifies a vessel already placed on the market in such a way that compliance with this Directive may be affected.

Article 11 U.K. Identification of economic operators

Economic operators shall, on request, identify the following to the market surveillance authorities:

(a)

any economic operator who has supplied them with a vessel;

(b)

any economic operator to whom they have supplied a vessel.

Economic operators shall be able to present the information referred to in the first paragraph for 10 years after they have been supplied with the vessel and for 10 years after they have supplied the vessel.