S.L. 427.29 Art. 11Obligations of distributors.

(1) When making pressure equipment or assemblies available on the market distributors shall act with due care in relation to the requirements of these regulations.

(2) Before making the pressure equipment or assemblies referred to in regulations 6(1) and 6(2) available on the market distributors shall verify that the pressure equipment or assembly bears the CE marking, that it is accompanied by the required documents and by instructions and safety information in accordance with points 3.3 and 3.4 of Schedule I, in at least the Maltese and English language, and that the manufacturer and the importer have complied with the requirements set out in regulations 8(8) and 8(9) and regulation 10(5) respectively.

(3) Where a distributor considers or has reason to believe that pressure equipment or assemblies are not in conformity with the essential safety requirements set out in Schedule I, he shall not make the pressure equipment or assembly available on the market until it has been brought into conformity. Furthermore, where the pressure equipment or assembly presents a risk, the distributor shall inform the manufacturer or the importer to that effect as well as the market surveillance authorities.

(4) Before making the pressure equipment or assembly referred to in regulation 6(3) available on the market, distributors shall verify that that pressure equipment or assembly is accompanied by adequate instructions for use, in at least the Maltese and English language, and that the manufacturer and the importer have complied with the requirements set out in regulations 8(8) and 8(9) and regulation 10(5) respectively.

(5) Distributors shall ensure that, while the pressure equipment or assemblies referred to in regulations 6(1) and 6(2) are under their responsibility, storage or transport conditions do not jeopardise their compliance with the essential safety requirements set out in Schedule I.

(6) Distributors who consider or have reason to believe that pressure equipment or assemblies which they have made available on the market are not in conformity with these regulations shall make sure that the corrective measures necessary to bring that equipment or assembly into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where the pressure equipment or assembly presents a risk, distributors shall immediately inform the Technical Regulations Division to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

(7) Distributors shall, further to a reasoned request from the Technical Regulations Division, provide it with all the information and documentation necessary to demonstrate the conformity of pressure equipment or assemblies. That information and documentation may be provided in paper or electronic form. They shall cooperate with the Technical Regulations Division, at its request, on any action taken to eliminate the risks posed by the pressure equipment or assemblies which they have made available on the market.