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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)
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Article 19Obligations of distributors 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 is not in conformity with the requirements of this Regulation, distributors shall inform the manufacturer, the importer and the approval authority that granted the EU type-approval in respect thereof, and shall not make available on the market the vehicle, system, component, separate technical unit, part or equipment until it has been brought into conformity.
2.Where a vehicle, system, component, separate technical unit, part or equipment that distributors have made available on the market is not in conformity with this Regulation, they shall inform the manufacturer, the importer and the approval authority that granted the EU type-approval.
3.Where a vehicle, system, component, separate technical unit, part or equipment presents a serious risk, distributors shall immediately provide detailed information on that serious risk to the manufacturer, the importer and the approval authorities and the market surveillance authorities of the Member States in which that vehicle, system, component, separate technical unit, part or equipment has been made available on the market.
Distributors shall also inform them of any action taken and give details of any measure taken by the manufacturer.
4.Distributors shall, following a reasoned request from a national 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.
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