CHAPTER II

OBLIGATIONS OF ECONOMIC OPERATORS

Obligations of importers
Article 10
1
Importers shall place only compliant PPE on the market.
2
Before placing PPE on the market, importers shall ensure that the appropriate conformity assessment procedure referred to in Article 19 has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the PPE bears the UK marking and is accompanied by the required documents, and that the manufacturer has complied with the requirements set out in Article 8(5) and (6).
Where an importer considers or has reason to believe that PPE is not in conformity with the applicable essential health and safety requirements set out in Annex II, he shall not place it on the market until it has been brought into conformity. Furthermore, where the PPE presents a risk, the importer shall inform the manufacturer and the market surveillance authority to that effect.
3
Importers shall indicate, on the PPE, their name, registered trade name or registered trade mark and the postal address at which they can be contacted .... The contact details shall be in a language easily understood by end-users and market surveillance authority.
The obligation set out in this paragraph 3 to indicate information on the PPE does not apply where—
a
either—
i
it is not possible to indicate that information on the PPE, or
ii
the importer has imported the PPE from an EEA state or Switzerland and places it on the market within the period of
seven years
beginning with IP completion day, and
b
before placing the PPE on the market, the importer sets out the information referred to in this paragraph 3 on the packaging of the PPE or in a document accompanying the PPE.
4
Importers shall ensure that the PPE is accompanied by the instructions and information set out in point 1.4 of Annex II and that they are clear, legible and in easily understandable English.
5
Importers shall ensure that, while the PPE is under their responsibility, storage or transport conditions do not jeopardise its conformity with the applicable essential health and safety requirements set out in Annex II.
6
When deemed appropriate with regard to the risks presented by PPE, importers shall, to protect the health and safety of consumers and other end-users, carry out sample testing of PPE made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming PPE and PPE recalls, and shall keep distributors informed of any such monitoring.
7
Importers who consider or have reason to believe that PPE which they have placed on the market is not in conformity with this Regulation shall immediately take the corrective measures necessary to bring the PPE into conformity, to withdraw it or to recall it, as appropriate. Furthermore, where the PPE presents a risk, importers shall immediately inform the enforcement authority to that effect, giving details, in particular, of the non-conformity and of any corrective measures taken.
8
Importers shall, for 10 years after the PPE has been placed on the market, keep a copy of the ... declaration of conformity at the disposal of the market surveillance authority and ensure that the technical documentation can be made available to that authority, upon request.
9
Importers shall, further to a reasoned request from the enforcement authority, provide it with all the information and documentation, in paper or electronic form, necessary to demonstrate the conformity of PPE 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 PPE which they have placed on the market.
Art. 10(2) restricted (W.) (31.12.2020) by The Personal Protective Equipment (Temporary Arrangements) (Coronavirus) (Wales) Regulations 2020 (S.I. 2020/1489), regs. 1(1), 2, 3
Art. 10(2) restricted (E.) (31.12.2020) by The Personal Protective Equipment (Temporary Arrangements) (Coronavirus) (England) Regulations 2020 (S.I. 2020/1484), regs. 1(1), 2, 3
Word in Art. 10(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. 35 para. 3(10)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 10(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. 35 para. 3(10)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 10(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. 35 para. 3(10)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 10(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. 35 para. 3(10)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 10(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. 35 para. 3(10)(b)(iii) (as amended by S.I. 2019/1246, regs. 1(3), 5; S.I. 2020/1460, reg. 1(4), Sch. 3 para. 2(1)(n); and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(u)(iv)); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 10(4) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 35 para. 3(10)(c); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 10(7) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 35 para. 3(10)(d); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 10(8) 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. 35 para. 3(10)(e)(i); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 10(8) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 35 para. 3(10)(e)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 10(8) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 35 para. 3(10)(e)(iii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 10(9) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 35 para. 3(10)(f); 2020 c. 1, Sch. 5 para. 1(1)
Art. 10(2) restricted (S.) (1.2.2021) by The Personal Protective Equipment (Temporary Arrangements) (Coronavirus) (Scotland) Regulations 2021 (S.S.I. 2021/50), regs. 1, 2, 3 (with reg. 4(4))
Words in Art. 10(3)(a)(ii) substituted (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 4, Sch. 3 para. (q)