[F1Obligations of Importers [F2after placing pi marked TPE on the GB market] E+W+S
19C.—[F3(A1) This regulation applies to equipment bearing the pi marking that a manufacturer has placed on the GB market [F4prior to 1st January 2023].]
(1) An importer must ensure that—
F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)the conditions in which equipment under the responsibility of the importer is stored and transported do not jeopardise the equipment’s compliance with the Dangerous Goods Directive; and
(e)the technical documentation specified in the Dangerous Goods Directive is kept for the period set out in that Directive.
(2) Where an importer knows or has reason to believe that equipment it has placed on the market does not comply with the Directives, that importer must—
(a)take immediate corrective measures to ensure that the equipment complies with the Directives;
(b)withdraw the equipment from the market; or
(c)issue a recall of the equipment.
F6(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Where an importer considers that equipment it has placed on the market presents a risk, that importer must immediately inform the manufacturer and the TPED competent authority [F7for any relevant territory on which the equipment has been placed] of the risk, including details of any non-compliance with the Directives and any action taken in accordance with paragraph (2).
(5) An importer must record each instance of non-compliance with the Directives and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.
(6) On receipt of a reasoned request from a TPED competent authority, an importer must—
(a)provide that authority, in a language that it easily understands, all information and documents necessary to show that the equipment meets the requirements of the Directives; and
(b)cooperate with that authority in any action taken to eliminate risks posed by that equipment.]
Textual Amendments
F1Regs. 19A-19F inserted (24.10.2011) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) Regulations 2011 (S.I. 2011/1885), regs. 1, 7(2)
F2Words in reg. 19C heading inserted (31.12.2020) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1111), regs. 1, 13(2)
F3Reg. 19C(A1) inserted (31.12.2020) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1111), regs. 1, 13(3)
F4Words in reg. 19C(A1) inserted (1.1.2023) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/1370), regs. 1(1), 11
F5Reg. 19C(1)(a)-(c) omitted (31.12.2020) by virtue of The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1111), regs. 1, 13(4)
F6Reg. 19C(3) omitted (31.12.2020) by virtue of The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1111), regs. 1, 13(5)
F7Words in reg. 19C(4) substituted (31.12.2020) by The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1111), regs. 1, 13(6)