Obligations of Distributors prior to making equipment available on the GB market19CA

1

Before making transportable pressure equipment available on the GB market, a distributor must ensure that—

a

the equipment has been marked in accordance with—

i

regulation 22B; or

ii

articles 14 and 15 of the Transportable Pressure Equipment Directive; and

b

the certificate of conformity for the equipment either contains the name and address of the importer or has this information attached to it.

2

Where a distributor considers that equipment presents a risk before it has been made available on the GB market, that distributor must inform—

a

the manufacturer or the importer; and

b

the Health and Safety Executive

of the risk.

Obligations of Distributors after making UK TPE available on the GB market19CB

1

This regulation applies to equipment bearing the UK TPE marking that a distributor has made available on the GB market.

2

The distributor must ensure that the conditions in which equipment under the responsibility of the distributor is stored and transported do not jeopardise the equipment’s compliance with the Annexes.

3

Where a distributor knows or has reason to believe that equipment does not comply with—

a

this regulation;

b

regulation 19CA(1)(a)(i) or (b); or

c

the Annexes,

that distributor must act as required by paragraph (4).

4

The actions required by paragraph (3) are to—

a

take immediate corrective measures to ensure that the equipment complies with—

i

this regulation;

ii

regulation 19CA(1)(a)(i) or (b); and

iii

the Annexes;

b

withdraw the equipment from the market; or

c

issue a recall of the equipment.

5

Where a distributor considers that equipment it has made available on the GB market presents a risk, that distributor must immediately inform the manufacturer, the GB competent authority and Northern Ireland competent authority of the risk, including details of any non-compliance with—

a

this regulation;

b

regulation 19CA(1)(a)(i) or (b); or

c

the Annexes,

and any action taken in accordance with paragraph (4).

6

A distributor must record each instance of non-compliance with—

a

this regulation;

b

regulation 19CA(1)(a)(i) or (b); or

c

the Annexes,

and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.

7

On receipt of a reasoned request from the GB competent authority, a distributor must—

a

provide that authority with all information and documents necessary to show that the equipment meets the requirements of—

i

this regulation;

ii

regulation 19CA(1)(a)(i) or (b); and

iii

the Annexes;

b

cooperate with that authority in any action taken to eliminate risks posed by that equipment.