19CB.—(1) This regulation applies to equipment bearing the UK TPE marking that a distributor has made available on the GB market.
(2) The distributor must ensure that the conditions in which equipment under the responsibility of the distributor is stored and transported do not jeopardise the equipment’s compliance with the Annexes.
(3) Where a distributor knows or has reason to believe that equipment does not comply with—
(a)this regulation;
(b)regulation 19CA(1)(a)(i) or (b); or
(c)the Annexes,
that distributor 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 19CA(1)(a)(i) or (b); and
(iii)the Annexes;
(b)withdraw the equipment from the market; or
(c)issue a recall of the equipment.
(5) Where a distributor considers that equipment it has made available on the GB market presents a risk, that distributor 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 19CA(1)(a)(i) or (b); or
(c)the Annexes,
and any action taken in accordance with paragraph (4).
(6) A distributor must record each instance of non-compliance with—
(a)this regulation;
(b)regulation 19CA(1)(a)(i) or (b); 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, a distributor 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 19CA(1)(a)(i) or (b); and
(iii)the Annexes;
(b)cooperate with that authority in any action taken to eliminate risks posed by that equipment.]
Textual Amendments