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PART 2 U.K.Obligations of economic operators

ImportersU.K.

Prohibition on placing on the market a safety component for lifts which is not in conformity with the essential health and safety requirementsU.K.

25.  An importer must not place a safety component for lifts on the market unless it is in conformity with the essential health and safety requirements.

Requirements which must be satisfied before an importer places a safety component for lifts on the marketE+W+S

26.—(1) Before placing a safety component for lifts on the market, an importer must ensure that—

(a)a relevant conformity assessment procedure has been carried out by the manufacturer;

(b)the manufacturer has drawn up the technical documentation;

(c)the safety component for lifts—

(i)bears the [F1UK] marking; and

(ii)is accompanied by the F2... declaration of conformity and any required labels; and

(d)the manufacturer has complied with the requirement in regulation 19 (labelling and instructions).

(2) In paragraph 1(c)(ii), “required labels” means any labels that are required to be attached to the safety component for lifts pursuant to regulation 19(3).

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Requirements which must be satisfied before an importer places a safety component for lifts on the marketN.I.

26.—(1) Before placing a safety component for lifts on the market, an importer must ensure that—

(a)a relevant conformity assessment procedure has been carried out by the manufacturer;

(b)the manufacturer has drawn up the technical documentation;

(c)the safety component for lifts—

(i)bears the CE marking; and

(ii)is accompanied by the EU declaration of conformity and any required labels; and

(d)the manufacturer has complied with the requirement in regulation 19 (labelling and instructions).

(2) In paragraph 1(c)(ii), “required labels” means any labels that are required to be attached to the safety component for lifts pursuant to regulation 19(3).

Extent Information

E5This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Prohibition on placing on the market safety components for lifts considered not to be in conformity with the essential health and safety requirementsU.K.

27.—(1) Where an importer considers, or has reason to believe, that a safety component for lifts is not in conformity with the essential health and safety requirements, the importer must not place the safety component for lifts on the market.

(2) Where the safety component for lifts presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.

Information identifying importerE+W+S

28.—(1) Before placing a safety component for lifts on the market , an importer must indicate on the safety component for lifts—

(a)the name, registered trade name or registered trade mark of the importer; and

(b)a postal address at which the importer can be contacted.

(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the [F3market surveillance authority].

[F4(3) Paragraph (1) does not apply where—

(a)either—

(i)it is not possible to set out the information specified in paragraph (1) on the safety component for lifts; or

(ii)the importer has imported the safety component from an EEA state or Switzerland and places it on the market within the period of [F5seven years] beginning with IP completion day; and

(b)before placing the safety component for lifts on the market, the importer sets out the information specified in paragraph (1)—

(i)on the packaging; or

(ii)in a document accompanying the safety component for lifts.]

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Information identifying importerN.I.

28.—(1) Before placing a safety component for lifts on the market , an importer must indicate on the safety component for lifts—

(a)the name, registered trade name or registered trade mark of the importer; and

(b)a postal address at which the importer can be contacted.

(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the competent national authority in the [F10relevant state] in which the safety component for lift is to be made available to such end-users.

(3) Where it is not possible to indicate the information specified in paragraph (1) on the safety component for lifts, the importer must indicate that information—

(a)on the packaging; or

(b)in a document accompanying the safety component for lifts.

Extent Information

E6This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

InstructionsE+W+S

29.—[F6(1) When placing a safety component for lifts on the market, an importer must ensure that it is accompanied by the instructions referred to in paragraph 7 of Schedule 1 and that they are clear, legible and in easily understandable English.]

F7(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extent Information

E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

InstructionsN.I.

29.—(1) When placing a safety component for lifts on the market, an importer must ensure that it is accompanied by the instructions referred to in [F11paragraph 7 (1) of Schedule 1] in a language which can be easily understood by end-users in the [F12relevant state] in which the safety component for lifts is to be made available to such end-users.

(2) Where the safety component for lifts is being made available to end-users in [F13Northern Ireland], the language which can be easily understood by end-users is English.

Extent Information

E7This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Storage and transportU.K.

30.  Where an importer has responsibility for a safety component for lifts, the importer must ensure that the conditions under which the safety component for lifts is stored or transported do not jeopardise its conformity with the essential health and safety requirements.

Monitoring of safety components for lifts made available on the marketU.K.

31.—(1) When appropriate, having regard to the risks to the health and safety of end-users presented by a safety component for lifts, the importer must—

(a)carry out sample testing of safety components for lifts made available on the market by the importer;

(b)investigate complaints that safety components for lifts made available on the market by the importer are not in conformity with Part 2;

(c)keep distributors and installers informed of any actions carried out under sub-paragraphs (a) and (b).

(2) An importer must keep a register and must promptly make entries in that register of any—

(i)complaints;

(ii)safety components for lifts that are not in conformity with Part 2; and

(iii)safety components for lifts recalls.

(3) An importer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

Duty to take action in respect of safety components for lifts placed on the market which are considered not to be in conformityU.K.

32.—(1) An importer who considers, or has reason to believe, that a safety component for lifts which that importer has placed on the market is not in conformity with Part 2, must immediately take the corrective measures necessary to—

(a)bring the safety component for lifts into conformity;

(b)withdraw the safety component for lifts; or

(c)recall the safety component for lifts.

(2) Where the safety component for lifts presents a risk, the importer must immediately inform the market surveillance authority, and the competent national authorities of any other member State in which the importer made the safety component for lifts available on the market, of the risk, giving details of—

(a)the respect in which the safety components for lifts is considered not to be in conformity with Part 2; and

(b)any corrective measures taken.

Retention of technical documentation and F8...declaration of conformityE+W+S

33.  An importer must, for a period of 10 years beginning on the day on which the safety component for lifts is placed on the market—

(a)keep a copy of the F9... declaration of conformity and, where applicable, any approval decision, at the disposal of enforcing authorities; and

(b)ensure that the technical documentation can be made available to enforcing authorities, upon request.

Extent Information

E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Retention of technical documentation and EU declaration of conformityN.I.

33.  An importer must, for a period of 10 years beginning on the day on which the safety component for lifts is placed on the market—

(a)keep a copy of the EU declaration of conformity and, where applicable, any approval decision, at the disposal of enforcing authorities; and

(b)ensure that the technical documentation can be made available to enforcing authorities, upon request.

Extent Information

E8This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Provision of information and cooperationU.K.

34.—(1) Following a reasoned request from the enforcing authority, and within such period as the enforcing authority may specify, an importer must provide the authority with all the information and documentation necessary to demonstrate that a safety component for lifts is in conformity with Part 2—

(a)in paper or electronic form; and

(b)in a language that can be easily understood by the enforcing authority.

(2) An importer must, at the request of the enforcing authority, cooperate with the authority on any action taken to—

(a)evaluate a safety component for lifts in accordance with regulation 64 (evaluation of lifts or safety components for lifts presenting a risk); or

(b)eliminate the risks posed by a safety component for lifts which the importer has placed on the market.

Cases in which obligations of manufacturers apply to importersU.K.

35.—(1) An economic operator who would, but for this regulation, be considered an importer (“A”), is to be considered a manufacturer for the purposes of these Regulations and is subject to the relevant obligations of the manufacturer under this Part, where A—

(a)places a safety component for lifts on the market under A's own name or trademark; or

(b)modifies a safety component for lifts already placed on the market in such a way that it may affect whether the safety component for lifts is in conformity with Part 2.