PART 2Obligations of economic operators

Distributors

Duty for distributor to take action in respect of vessels made available on the market which are not in conformity33.

(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.