The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009

[F1Obligations of Distributors [F2after making pi marked TPE [F3or Northern Ireland TPE] available on the GB market] E+W+S

This section has no associated Explanatory Memorandum

19D.—[F4(A1) This regulation applies to equipment bearing the pi marking [F5, and Northern Ireland TPE,] that a distributor has made available on the GB market.]

[F6(1) A 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 Directives.]

(2) Where a distributor knows or has reason to believe that equipment it made available on the market does not comply with the Directives, that distributor must—

(a)take immediate corrective measures to ensure that the equipment complies with the Directives;

(b)withdraw the equipment from the market; or

(c)issue a recall of the equipment.

F7(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Where a distributor considers that equipment it has made available on the market presents a risk, that distributor must immediately inform—

(a)the manufacturer or the importer; and

(b)the TPED competent authority [F8for any relevant territory on which the equipment has been made available],

of the risk, including details of any non-compliance with the Directives and any action taken in accordance with paragraph (2).

(5) A distributor must record each instance of non-compliance with the Directives and any corrective measure taken and must retain that record for at least 20 years from the date that the non-compliance is discovered.

(6) On receipt of a reasoned request from a TPED competent authority, a distributor must—

(a)provide that authority, in a language that it easily understands, all information and documents necessary to show that the equipment meets the requirements of the Directives; and

(b)cooperate with that authority in any action taken to eliminate risks posed by that equipment.]

Textual Amendments