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 Annex 1 of Merchant Shipping Notice MSN 1874.

Obligations of a Manufacturer20

1

A manufacturer must—

a

ensure an EU conformity assessment is carried out using one of the procedures referred to in article 15(2)(a) or (b) of the Directive;

b

ensure equipment is marked in accordance with regulation 15; and

c

keep the technical documentation specified in Annex II of the Directive and the EU declaration of conformity for the relevant period.

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 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 competent national authority 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 a competent national authority, a manufacturer must provide to that competent national authority—

a

samples of equipment approved by a notified 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 market or on board a ship under the importer or distributor’s own name or trademark; or

b

modifies equipment already placed on the 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 market or on board a ship any equipment accompanied by a 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 a market surveillance authority, 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 a competent national authority, which includes the reasons for making the request, an economic operator must—

a

provide that authority with all information and documents necessary to show that the equipment meets applicable international standards; and

b

cooperate with that authority in any action it takes to eliminate risks posed by that equipment.

3

Information and documents provided to a competent national authority must be in a language easily understood by, or acceptable to, that authority.