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Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and on third-country operators of unmanned aircraft systems
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There are currently no known outstanding effects for the Commission Delegated Regulation (EU) 2019/945, Article 9.
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1.When making a product available on the F1... market, distributors shall act with due care in relation to the requirements set out in this Chapter.
[F22 .Before making a product available on the market, distributors shall verify that the product bears the [F3UK marking] and, when applicable, the UA class identification label and the indication of the sound power level, is accompanied by the documents referred to in paragraphs 7 and 8 of Article 6 and that the manufacturer and the importer have complied with the requirements set out in paragraphs 5 and 6 of Article 6 and in paragraph 3 of Article 8.
Distributors shall ensure that the product is accompanied by the manufacturers’ instructions and information notice required by Parts 1 to 6, 16 and 17 of the Annex in [F4English]. Those manufacturers’ instructions and information notice, as well as any labelling, shall be clear, understandable and legible.]
Where a distributor considers or has reason to believe that a product is not in conformity with the requirements set out in Article 4, he shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product presents a risk, the distributor shall inform the manufacturer or the importer to that effect, as well as the F5... market surveillance authorities.
3.Distributors shall ensure that, while a product is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the requirements set out in Article 4.
4.Distributors who consider or have reasons to believe that a product which they have made available on the market is not in conformity with [F6this Regulation or any other relevant enactment] shall make sure that the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where the product presents a risk, distributors shall immediately inform the market surveillance authorities F7... to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
5.Distributors shall, further to a reasoned request from [F8a market surveillance authority], provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of the product. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by the product which they have made available on the market.
Textual Amendments
F1Word in Art. 9(1) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 14(2)
F2Substituted by Commission Delegated Regulation (EU) 2020/1058 of 27 April 2020 amending Delegated Regulation (EU) 2019/945 as regards the introduction of two new unmanned aircraft systems classes.
F3Words in Art. 9(2) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 14(3)(a)
F4Word in Art. 9(2) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 14(3)(b)
F5Word in Art. 9(2) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 14(3)(c)
F6Words in Art. 9(4) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 14(4)(a)
F7Words in Art. 9(4) omitted (31.12.2020) by virtue of The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 14(4)(b)
F8Words in Art. 9(5) substituted (31.12.2020) by The Unmanned Aircraft (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1593), regs. 1(2), 14(5)
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