S.L. 427.57 Art. 5Obligations of manufacturers.

The competent authority shall ensure that all manufacturers:

(a) ensure, when placing electrical and electronic equipment on the market, that the equipment has been designed and manufactured in accordance with the requirements set out in regulation 4;

(b) draw up the required technical documentation and carry out the internal production control procedure in line with module A of Annex II to Decision No 768/ 2008/EC or have it carried out;

(c) draw up, where compliance of electrical and electronic equipment with the applicable requirements has been demonstrated by the procedure referred to in paragraph (b), an EU declaration of conformity and affix the CE marking on the finished product. Where other applicable European Union legislation requires the application of a conformity assessment procedure which is at least as stringent, compliance with the requirements of paragraph (b) may be demonstrated within the context of that procedure. A single technical documentation may be drawn up;

(d) keep the technical documentation and the EU declaration of conformity for ten years after the electrical and electronic equipment has been placed on the market;

(e) furthermore ensure that procedures are in place for series production to remain in conformity. Changes in product design or characteristics and changes in the harmonised standards or in technical specifications by reference to which conformity of electrical and electronic equipment is declared shall be adequately taken into account;

(f) keep a register of non-conforming electrical and electronic equipment and product recalls, and keep distributors informed thereof;

(g) furthermore ensure that their electrical and electronic equipment bears a type, batch or serial number or other element allowing its identification, or, where the size or nature of the electrical and electronic equipment does not allow it, that the required information is provided on the packaging or in a document accompanying the electrical and electronic equipment;

(h) indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the electrical and electronic equipment or, where that is not possible, on its packaging or in a document accompanying the electrical and electronic equipment. The address must indicate a single point at which the manufacturer can be contacted. Where other applicable European Union legislation contains provisions for the affixing of the manufacturer’s name and address which are at least as stringent, those provisions shall apply;

(i) who consider or have reason to believe that electrical and electronic equipment which they have placed on the market is not in conformity with these regulations, immediately take the necessary corrective measures to bring that electrical and electronic equipment into conformity, to withdraw it or recall it, if appropriate, and immediately inform the Division, giving details, in particular, of the non-compliance and of any corrective measures taken;

(j) provide, further to a reasoned request from the Division, all the information and documentation necessary to demonstrate the conformity, with these regulations, of the electrical and electronic equipment in either Maltese or English, and that they cooperate with the Division at its request, on any action taken to ensure compliance with these regulations of electrical and electronic equipment which they have placed on the market.