Distributors
Duty to act with due care
28. When making a vessel available on the market a distributor must act with due care to ensure that it is in conformity with Part 2.
Requirements which must be satisfied before a distributor makes available on the market a category A vessel
29. Before making a category A vessel available on the market, a distributor must ensure that—
(a)the vessel—
(i)bears the CE marking and the inscriptions; and
(ii)is accompanied by the instructions and safety information in a language which can be easily understood by end-users in the Member State in which the vessel is to be made available on the market;
(b)the manufacturer has complied with the requirements set out in regulation 11 (labelling of vessels); and
(c)the importer has complied with the requirements in regulation 21 (information identifying importer).
Prohibition on a distributor making available on the market a category A vessel not considered to be in conformity with essential safety requirements
30.—(1) Where a distributor considers or has reason to believe that a category A vessel is not in conformity with the essential safety requirements, the distributor must not make the vessel available on the market until it has been brought into conformity.
(2) Where the vessel presents a risk to the health or safety of persons, to domestic animals or to property, the distributor must inform the following of that risk–
(a)the importer (if there is one);
(b)the manufacturer (if there is no importer); and
(c)the market surveillance authority.
Requirements which must be satisfied before a distributor makes a category B vessel available on the market
31.—(1) Before making a category B vessel available on the market, a distributor must verify that—
(a)the vessel—
(i)bears the inscriptions;
(ii)is accompanied by the instructions and safety information in a language which can be easily understood by end-users in the Member State in which the vessel is to be made available on the market;
(b)the manufacturer has complied with the requirements set out in regulation 11 (labelling of vessels); and
(c)the importer has complied with the requirements in regulation 21 (information identifying importer).
(2) Where the Member State referred to in paragraph (1) is the United Kingdom, the language referred to in paragraph (1) must be English.
Storage and transport conditions
32. Where a distributor has responsibility for a Category A vessel, the distributor must ensure that the conditions under which it is stored or transported do not jeopardise its conformity with the essential safety requirements.
Duty for distributor to take action in respect of vessels made available on the market which are not in conformity
33.—(1) A distributor who considers or has reason to believe that a vessel which the distributor has made available on the market is not in conformity with Part 2, must make sure that the necessary corrective measures are taken to—
(a)bring the vessel into conformity;
(b)withdraw the vessel; or
(c)recall the vessel.
(2) Where the vessel presents a risk to the health or safety of persons, to domestic animals or to property, a distributor must immediately inform the market surveillance authority of the risk and the competent national authorities of any other Member States in which the distributor made the vessel available on the market, giving details, in particular, of—
(a)the respect in which the vessel is considered not to be in conformity with Part 2; and
(b)any corrective measures taken.
Provision of information and cooperation
34.—(1) Following a request from an enforcing authority, and within such period as the authority may specify, a distributor must provide the authority with all the information and documentation necessary to demonstrate that a vessel is in conformity with Part 2.
(2) A request referred to in paragraph (1)—
(a)may only be made during the period of 10 years beginning on the day on which the vessel was made available on the market; and
(b)must be accompanied by the reasons for making the request.
(3) The information referred to in paragraph (1)–
(a)may be provided electronically; and
(b)must be in a language which can easily be understood by the enforcing authority.
(4) A distributor must, at the request of the enforcing authority, cooperate with the authority on any action taken to—
(a)evaluate a vessel in accordance with regulation 58 (evaluation of vessels presenting a risk);
(b)eliminate the risks posed by a vessel which the distributor has made available on the market.