PART 5Obligations of Economic Operators
Application of Part 519
This Part applies only to equipment to which regulation 5(1) applies that is listed in F1Annex 1 of Merchant Shipping Notice MSN 1874 Amendment 3.
Obligations of a Manufacturer20
F101
A manufacturer must ensure that—
a
a United Kingdom conformity assessment is carried out in respect of all marine equipment using one of the procedures referred to in paragraph (1A);
b
marine equipment is marked in accordance with regulation 15 (affixing the United Kingdom conformity mark); and
c
keep the technical documentation specified in Schedule 2 and the United Kingdom declaration of conformity for the relevant period.
1A
The procedures mentioned in paragraph (1)(a) are—
a
where the United Kingdom type-examination as outlined in Part 1 of Schedule 2 (module B) is to be used, before being placed on the market, all marine equipment must be subject to—
i
production-quality assurance as outlined in Part 2 of Schedule 2 (module D);
ii
product-quality assurance as outlined in Part 3 of Schedule 2 (module E); or
iii
product verification as outlined in Part 4 of Schedule 2 (module F);
b
where sets of marine equipment are produced individually or in small quantities and not in series or in mass, the conformity assessment procedure may be the unit verification as set out in Part 5 of Schedule 2 (module G).
2
A manufacturer must undertake to fulfil any obligation arising from a quality system approved under regulation 12(2)(b) and must ensure that quality system is maintained.
3
A manufacturer must ensure—
a
its name,
b
a type, batch or serial number or other element allowing identification of its product,
c
its registered trade name or trade mark, and
d
the address at which it can be contacted,
is on any equipment or, where that is not possible, on the packaging of that equipment or in a document accompanying that equipment or both, as appropriate.
4
A manufacturer must provide with any equipment—
a
clear instructions and all necessary information for that equipment to be installed and operated safely; and
b
any other documentation required by international instruments.
5
Where a manufacturer knows or has reason to believe that its equipment does not comply with applicable international standards, that manufacturer must—
a
take immediate corrective measures to ensure that the equipment complies with applicable international standards;
b
withdraw the equipment from the F11United Kingdom market; or
c
issue a recall of the equipment.
6
Where a manufacturer considers that equipment presents a risk, that manufacturer must immediately inform the F12Secretary of State of the risk and provide details of any non-compliance with applicable international standards and any action taken in accordance with paragraph (5).
7
On request by F13the Secretary of State, a manufacturer must provide to F14to the Secretary of State—
a
samples of equipment approved by F15an approved body at the manufacturer's own cost; or
b
access to such samples.
8
This regulation applies to an importer or a distributor as if that person were a manufacturer where the importer or distributor—
a
places equipment on the F16United Kingdom market or on board a ship under the importer or distributor's own name or trademark; or
b
modifies equipment already placed on the F17United Kingdom market or on board a ship in such a way that compliance with applicable international standards may be affected.
9
In this regulation—
“clear instructions” means instructions in a form and language which the user easily understands.
Obligations of an importer21
An importer which places on the F2United Kingdom market or on board a ship any equipment accompanied by a F3United Kingdom declaration of conformity under regulation 14 must ensure that—
a
its name,
b
registered trade name or trade mark, and
c
the address at which it can be contacted,
is on the equipment or, where that is not possible, on the packaging of the equipment or in a document accompanying the equipment or both, as appropriate.
Obligations of an economic operator22
1
On receipt of a request from F4the Secretary of State, an economic operator must identify any other economic operator—
a
who has supplied it with equipment, or
b
to whom it has supplied equipment,
during the relevant period.
2
On receipt of a written request from F5the Secretary of State, which includes the reasons for making the request, an economic operator must—
a
provide F6the Secretary of State with all information and documents necessary to show that the equipment meets applicable international standards; and
b
cooperate with F7the Secretary of State in any action it takes to eliminate risks posed by that equipment.