CHAPTER II

OBLIGATIONS OF ECONOMIC OPERATORS

Obligations of distributors
Article 11
1
When making PPE available on the market, distributors shall act with due care in relation to the requirements of this Regulation.
2
Before making PPE available on the market, distributors shall verify that it bears the UK marking, is accompanied by the required documents and 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 and that the manufacturer and the importer have complied with the requirements set out in Article 8(5) and (6) and Article 10(3) respectively.
Where a distributor 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 make the PPE available on the market until it has been brought into conformity. Furthermore, where the PPE presents a risk, the distributor shall inform the manufacturer or the importer to that effect as well as the market surveillance authority.
3
Distributors shall ensure that, while PPE is under their responsibility, its storage or transport conditions do not jeopardise its conformity with the applicable essential health and safety requirements set out in Annex II.
4
Distributors who consider or have reason to believe that PPE which they have made available on the market is not in conformity with this Regulation shall make sure that the corrective measures necessary to bring it into conformity, to withdraw it or to recall it, as appropriate, are taken. Furthermore, where the PPE presents a risk, distributors shall immediately inform the enforcement authority to that effect, giving details, in particular, of the non-conformity and of any corrective measures taken.
5
Distributors 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 the PPE. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by PPE which they have made available on the market.
Art. 11(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. 11(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. 11(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(11)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 11(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(11)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Word in Art. 11(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(11)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 11(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(11)(b); 2020 c. 1, Sch. 5 para. 1(1)
Words in Art. 11(5) 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(11)(c); 2020 c. 1, Sch. 5 para. 1(1)
Art. 11(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))