Prohibition on placing on the market products which are not in conformity
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An importer must not place a product on the market unless it is in conformity with the essential health and safety requirements.
The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016 Chapter 2 — Importers
Requirements which must be satisfied before an importer places a product on the market
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(1) Before placing a product on the market, an importer must ensure that— (a) a relevant conformity assessment procedure has been carried out by the manufacturer, (b) the manufacturer has drawn up the technical documentation, (c) the product— (i) bears the UK marking where applicable, (ii) is accompanied by the ... declaration of conformity or the attestation of conformity as appropriate, and (iii) is accompanied by the required documents, and (d) the manufacturer has complied with the requirements set out in regulation 11 (labelling and packaging of products), regulation 12 (labelling and packaging of products, other than components) and regulation 13 (information identifying manufacturer). (2) In paragraph (1)(c)(iii), “required documents” means any documents that are required to be provided with a product pursuant to— (a) regulation 11 (2) (labelling and packaging of products); (b) regulation 13 (2)(b) (information identifying manufacturer); (c) regulation 14 (provision of instructions and safety information) .
Prohibition on placing on the market products considered not to be in conformity with the essential health and safety requirements
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(1) Where an importer considers, or has reason to believe, that a product is not in conformity with the essential health and safety requirements, the importer must not place the product on the market. (2) Where the product presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.
Information identifying importer
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(1) Before placing a product on the market, an importer must indicate on the product— (a) the name, registered trade name or registered trade mark of the importer, and (b) a postal address at which the importer can be contacted. (2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the market surveillance authority . (3) Paragraph (1) does not apply where— (a) either— (i) it is not possible to set out the information referred to in paragraph (1) on the product, or (ii) the importer has imported the product from an EEA state or Switzerland and places it on the market within the period of seven years beginning with IP completion day, and (b) before placing the product on the market, the importer sets out the information referred to in paragraph (1)— (i) on the packaging; or (ii) in a document accompanying the product.
Provision of Instructions and safety information
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When placing a product on the market, an importer must ensure that the product is accompanied by instructions and safety information that are clear, legible and in easily understandable English.
Storage and transport
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Each importer must ensure that, whilst a product is under that importer’s responsibility, its storage or transport conditions do not jeopardise its conformity with the essential health and safety requirements.
Monitoring
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(1) When deemed appropriate, with regard to the risks to the health and safety of end-users presented by a product, an importer must— (a) carry out sample testing of a product made available by the importer on the market, (b) investigate complaints that a product placed on the market by the importer is not in conformity with Part 2, and (c) keep distributors informed of actions carried out under sub-paragraphs (a) and (b). (2) An importer must keep a register of— (a) complaints that a product is not in conformity with Part 2, (b) products which are found not to be in conformity with Part 2, and (c) product recalls. (3) An importer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.
Duty to take action in respect of a product placed on the market which is considered not to be in conformity
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(1) An importer who considers, or has reason to believe, that a product which the importer has placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to— (a) bring the product into conformity, (b) withdraw the product, or (c) recall the product. (2) Where the product presents a risk, the importer must immediately inform the market surveillance authority ... of the risk, giving details of— (a) the respect in which the product is considered not to be in conformity with Part 2, and (b) any corrective measures taken.
Provision of information and cooperation
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(1) An importer must, further to a reasoned request from the market surveillance authority and within such period as the market surveillance authority may specify, provide the authority with the information and documentation necessary to demonstrate that the product is in conformity with Part 2— (a) in paper or electronic form, and (b) in a language which can be easily understood by the market surveillance authority. (2) An importer must, at the request of the market surveillance authority, cooperate with the authority on any action taken to— (a) evaluate a product in accordance with regulation 55 (evaluation of a product presenting a risk); (b) eliminate the risks posed by the product which the importer has placed on the market.
Retention of technical documentation and ... declaration of conformity
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An importer must, for a period of ten years beginning on the day on which the product was placed on the market, keep and, upon request, make available to the market surveillance authority— (a) a copy of the ... declaration of conformity or, where applicable, the attestation of conformity, and (b) the technical documentation.
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