Private importersE+W+S
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36.—(1) If a manufacturer has not complied with the manufacturer’s obligations under this Part, a private importer must ensure, before putting a product into service, that—
(a)the product has been designed and manufactured in accordance with the essential requirements; and
(b)the obligations of the manufacturer under the following regulations have been met or carried out in relation to the product—
(i)regulation 9 (technical documentation and conformity assessment);
(ii)regulation 10 [(declaration of conformity and UK marking)];
(iii)regulation 11 (duty of manufacturers to retain technical documentation and ... declaration of conformity); and
(iv)regulation 22 (instructions and safety information).
(2) A private importer must also carry out or have carried out any obligation to provide information and co-operation imposed on a manufacturer pursuant to regulation 17 (provision of information and co-operation).
(3) Where the technical documentation is not available from the manufacturer, a private importer must have this documentation drawn up using appropriate expertise.
(4) The private importer must ensure that the name and postal address of the [approved] body that carried out the relevant conformity assessment procedure in relation to the product under regulation 9(1)(a) is marked on the product.
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Textual Amendments
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Private importersN.I.
36.—(1) If a manufacturer has not complied with the manufacturer’s obligations under this Part, a private importer must ensure, before putting a product into service, that—
(a)the product has been designed and manufactured in accordance with the essential requirements; and
(b)the obligations of the manufacturer under the following regulations have been met or carried out in relation to the product—
(i)regulation 9 (technical documentation and conformity assessment);
(ii)regulation 10 (EU declaration of conformity and CE marking);
(iii)regulation 11 (duty of manufacturers to retain technical documentation and EU declaration of conformity); and
(iv)regulation 22 (instructions and safety information).
(2) A private importer must also carry out or have carried out any obligation to provide information and co-operation imposed on a manufacturer pursuant to regulation 17 (provision of information and co-operation).
(3) Where the technical documentation is not available from the manufacturer, a private importer must have this documentation drawn up using appropriate expertise.
(4) The private importer must ensure that the name and postal address of the notified body that carried out the relevant conformity assessment procedure in relation to the product under regulation 9(1)(a) is marked on the product.
Extent Information
Commencement Information