S.L. 427.1 Art. 8Obligations of the manufacturer.

(1) When placing on the market their vessels of which the product of PS × V exceeds 50 bar.L, manufacturers shall ensure that they have been designed and manufactured in accordance with the essential safety requirements set out in Schedule I.

(2) When placing on the market their vessels of which the product of PS × V is 50 bar.L or less, manufacturers shall ensure that they have been designed and manufactured in accordance with the sound engineering practice in one of the Member States.

(3) For vessels of which the product of PS × V exceeds 50 bar.L, manufacturers shall draw up the technical documentation referred to in Schedule II and carry out the relevant conformity assessment procedure referred to in regulation 15 or have it carried out.

(4) Where compliance of a vessel of which the product of PS × V exceeds 50 bar.L with the applicable requirements has been demonstrated by that procedure, manufacturers shall draw up an EU declaration of conformity and affix the CE marking and the inscriptions provided for in point 1 of Schedule III.

(5) Manufacturers shall ensure that vessels of which the product of PS × V is 50 bar.L or less, bear the inscriptions laid down in point 1 of Schedule III.

(6) Manufacturers shall keep the technical documentation and the EU declaration of conformity for 10 years after the vessel has been placed on the market.

(7) Manufacturers shall ensure that procedures are in place for series production to remain in conformity with these regulations. Changes in vessels design or characteristics and changes in the harmonised standards or in other technical specifications by reference to which conformity of a vessel is declared shall be adequately taken into account.

(8) When deemed appropriate with regard to the risks presented by a vessel, manufacturers shall, to protect the health and safety of end-users, carry out sample testing of vessels made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming vessels and vessel recalls, and shall keep distributors informed of any such monitoring.

(9) Manufacturers shall ensure that vessels which they have placed on the market bear a type and serial or batch identification allowing their identification.

(10) Manufacturers shall indicate on the vessel their name, registered trade name or registered trade mark and the postal address at which they can be contacted. The address shall indicate a single point at which the manufacturer can be contacted. The contact details shall be in at least the Maltese or English language.

(11) Manufacturers shall ensure that the vessel is accompanied by the instructions and safety information referred to in point 2 of Schedule III, in at least the Maltese and English. Such instructions and safety information, as well as any labelling, shall be clear, understandable and intelligible.

(12) Manufacturers who consider or have reason to believe that a vessel which they have placed on the market is not in conformity with these regulations shall immediately take the corrective measures necessary to bring that vessel into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the vessel presents a risk, manufacturers shall immediately inform the Technical Regulations Division to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

(13) Manufacturers shall, further to a reasoned request from the Technical Regulations Division, provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of the vessel with these regulations, in at least the Maltese or English language. They shall cooperate with the Technical Regulations Divisions, at its request, on any action taken to eliminate the risks posed by vessels which they have placed on the market.