Regulation (EU) 2018/858 of the European Parliament and of the CouncilShow full title

Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (Text with EEA relevance)

Article 17U.K.Obligations of importers concerning their vehicles, systems, components, separate technical units, parts and equipment that are not in conformity or that present a serious risk

1.Where a vehicle, system, component, separate technical unit, part or equipment that has been placed on the market by importers is not in conformity with this Regulation [F1or, where Article 5A applies to a vehicle, system, component or separate technical unit, the EU Type Approval Regulation], importers shall immediately take the corrective measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity under the manufacturer's supervision, to withdraw it from the market or to recall it, as appropriate. Importers shall also inform the manufacturer and the approval authority F2....

2.Where a vehicle, system, component, separate technical unit, part or equipment that has been placed on the market presents a serious risk, importers shall immediately provide detailed information on the serious risk to the manufacturers and the approval [F3authority] and market surveillance [F3authority].

Importers shall also inform the approval [F3authority] and market surveillance [F3authority] of any action taken and give details, in particular of the serious risk and of any measure taken by the manufacturer.

3.Importers shall, for a period of 10 years after the end of the validity of [F4GB]  type-approval of a vehicle and for a period of five years after the end of the validity of the [F4GB]  type-approval of a system, component or separate technical unit, keep a copy of the [F4GB]  type-approval certificate and its attachments referred to in Article 28(1), and shall ensure that they can be made available to the approval [F3authority] and market surveillance [F3authority] upon request.

[F53A.Where Article 5A applies to a vehicle, system, component or separate technical unit, the importer must—

(a)keep a copy of any EU type-approval certificate which applies to the vehicle, system or component in question, including the attachments referred to in Article 28(1) of the EU Type Approval Regulation, for a period of—

(i)ten years after the end of the validity of the EU type-approval of a vehicle, and

(ii)five years after the end of the validity of the EU type-approval of a system, component or separate technical unit, and

(b)ensure that the certificate and attachments referred to in subparagraph (a) can be made available to the approval authority and the market surveillance authority on request.]

4.Importers shall, following a reasoned request from [F6the approval authority or the market surveillance authority], provide that authority with all information and documentation necessary to demonstrate the conformity of a vehicle, system, component or separate technical unit [F7with this Regulation or, where applicable, the EU Type Approval Regulation], in [F8English].

Importers shall, following a reasoned request from [F6the approval authority or the market surveillance authority], cooperate with that authority on any action taken in accordance with Article 20 of Regulation (EC) No 765/2008 to eliminate the risks posed by the vehicle, system, component, separate technical unit, part or equipment that they have made available on the market.

Textual Amendments