CHAPTER II

OBLIGATIONS OF ECONOMIC OPERATORS

Obligations of importers
Article 13
1
Importers shall place only compliant subsystems or safety components on the market.
2
Before placing on the market a subsystem or a safety component, importers shall ensure that the appropriate conformity assessment procedure referred to in Article 18 has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the subsystem or the safety component bears the UK marking and that it is accompanied by a copy of the declaration of conformity, by instructions and safety information, and, where appropriate, by other required documents, and that the manufacturer has complied with the requirements set out in Article 11(5) and (6).
Where an importer considers or has reason to believe that a subsystem or a safety component is not in conformity with the applicable essential requirements set out in Annex II, he shall not place the subsystem or the safety component on the market until it has been brought into conformity. Furthermore, where the subsystem or the safety component presents a risk, the importer shall inform the manufacturer and the Executive to that effect.
3
Importers shall indicate on the subsystem or the safety component 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, on its packaging or in a document accompanying the subsystem or safety component. The contact details shall be in English.
Where the importer indicates a website address, he shall ensure that the information on that website is accessible and kept updated.
4
Importers shall ensure that the subsystem or the safety component is accompanied by instructions and safety information, in English.
5
Importers shall ensure that, while a subsystem or a safety component is under their responsibility, storage or transport conditions do not jeopardise its compliance with the applicable essential requirements set out in Annex II.
6
When deemed appropriate with regard to the risks presented by a subsystem or a safety component, importers shall, to protect the health and safety of the passengers, operating personnel and third parties, carry out sample testing of subsystems or safety components made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming subsystems and safety components and recalls of such subsystems and safety components, and shall keep distributors informed of any such monitoring.
7
Importers who consider or have reason to believe that a subsystem or a safety component which they have placed on the market is not in conformity with this Regulation shall immediately take the corrective measures necessary to bring that subsystem or safety component into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the subsystem or the safety component presents a risk, importers shall immediately inform the Secretary of State to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
8
Importers shall, for 30 years after the subsystem or the safety component has been placed on the market, keep a copy of the declaration of conformity at the disposal of the Executive and ensure that the technical documentation can be made available to the Executive, upon request.
9
Importers shall, further to a reasoned request from the Secretary of State, provide the Secretary of State with all the information and documentation necessary to demonstrate the conformity of a subsystem or a safety component, in English. 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 subsystems or safety components which they have placed on the market.
Words in Art. 13(2) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 23(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 13(2) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 23(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 13(2) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 23(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 13(3) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 23(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 13(4) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 23(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 13(7) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 23(d); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 13(8) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 23(e)(i); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 13(8) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 23(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 13(8) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 23(e)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 13(9) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 23(f)(i); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 13(9) substituted (31.12.2020) by The Cableway Installations (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/1347), regs. 1, 23(f)(ii); 2020 c. 1, Sch. 5 para. 1(1)