S.L. 427.35 Art. 10Obligations of distributors.

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

(2) Before making apparatus available on the market distributors shall verify that the apparatus bears the CE marking, that it is accompanied by the required documents and by instructions and the information referred to in regulation 18 in Maltese or English and that the manufacturer and the importer have complied with the requirements set out in regulations 7(6), 7(7) and 9(4) respectively.

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

(4) Distributors shall ensure that, while apparatus is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the essential requirements set out in Schedule I.

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

(6) Distributors shall, further to a reasoned request from the MSD, provide it with all the information and documentation in paper or electronic form, necessary to demonstrate the conformity of the apparatus. They shall cooperate with the MSD, at its request, on any action taken to eliminate the risks posed by apparatus which they have made available on the market.