[F1Obligations of Importers after placing UK TPE on the GB marketE+W+S
19BC.—(1) This regulation applies to equipment bearing the UK TPE marking that an importer has placed on the GB market.
(2) The importer must ensure that—
(a)the conditions in which equipment under the responsibility of the importer is stored and transported do not jeopardise the equipment’s compliance with the Annexes; and
(b)the technical documentation specified in the Annexes is kept for the period set out in that Directive.
(3) Where an importer knows or has reason to believe that equipment it has placed on the GB market does not comply with—
(a)this regulation;
(b)regulation 19BB(1)(a)(i), (b)(i) or (c); or
(c)the Annexes,
that importer must act as required by paragraph (4).
(4) The actions required by paragraph (3) are to—
(a)take immediate corrective measures to ensure that the equipment complies with—
(i)this regulation;
(ii)regulation 19BB(1)(a)(i), (b)(i) or (c); and
(iii)the Annexes;
(b)withdraw the equipment from the market; or
(c)issue a recall of the equipment.
(5) Where an importer considers that equipment it has placed on the GB market presents a risk, that importer must immediately inform the manufacturer, the GB competent authority and Northern Ireland competent authority of the risk, including details of any non-compliance with—
(a)this regulation;
(b)regulation 19BB(1)(a)(i), (b)(i) or (c); or
(c)the Annexes,
and any action taken in accordance with paragraph (4).
(6) An importer must record each instance of non-compliance with—
(a)this regulation;
(b)regulation 19BB(1)(a)(i), (b)(i) or (c); or
(c)the Annexes,
and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.
(7) On receipt of a reasoned request from the GB competent authority, an importer must—
(a)provide that authority with all information and documents necessary to show that the equipment meets the requirements of—
(i)this regulation;
(ii)regulation 19BB(1)(a)(i), (b)(i) or (c); and
(iii)the Annexes;
(b)cooperate with that authority in any action taken to eliminate risks posed by that equipment.]
Textual Amendments