Duty to act with due care
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When making a product available on the market, a distributor must act with due care to ensure that it is in conformity with Part 2.
The Equipment and Protective Systems Intended for Use in Potentially Explosive Atmospheres Regulations 2016 Chapter 3 — Distributors
Requirements which must be satisfied before a distributor makes a product available on the market
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(1) Before making a product available on the market, the distributor must verify that— (a) the product— (i) bears a UK marking where applicable; (ii) is accompanied by the ... declaration of conformity or the attestation of conformity; (iii) is accompanied by the required documents; (iv) is accompanied by instructions and safety information that are clear, legible and in easily understandable English; (b) 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); (c) the importer has complied with the requirements set out in regulation 21 (information identifying importer). (2) In paragraph (1)(a)(iii), “required documents” means the documents that the manufacturer or importer is required to provide with the product pursuant to— (a) regulation 11 (2) (labelling and packaging of products); (b) regulation 13 (2)(b) (information identifying manufacturer); (c) regulation 21 (3)(b) (information identifying importer).
Storage and transport
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Each distributor must ensure that, whilst a product is under that distributor’s responsibility, its storage or transport conditions do not jeopardise its conformity with the essential health and safety requirements.
Prohibition on making available on the market where product not considered to be in conformity with safety objectives
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(1) Where a distributor considers, or has reason to believe, that a product is not in conformity with the essential health and safety requirements, the distributor must not make the product available on the market. (2) Where the product presents a risk, the distributor must inform the following persons of the risk— (a) the manufacturer or the importer, and (b) the market surveillance authority.
Duty to take action in respect of products made available on the market which are not in conformity
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(1) A distributor who considers, or has reason to believe, that a product 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 that product into conformity, (b) withdraw the product, or (c) recall the product. (2) Where the product presents a risk, the distributor must immediately inform the market surveillance authority ... of that 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) A distributor must, further to a reasoned request from the market surveillance authority and within such period as the authority may specify, provide the authority with the information and documentation, in paper or electronic form, necessary to demonstrate that the product is in conformity with Part 2. (2) A distributor 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 a product which the distributor has made available on the market.
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