S.L. 427.57 Art. 7Obligations of importers.

The competent authority shall ensure that all importers:

(a) place only electrical and electronic equipment which complies with these regulations on the European Union market;

(b) ensure, before placing an electrical and electronic equipment on the market, that the appropriate conformity assessment procedure has been carried out by the manufacturer, and that they further ensure that the manufacturer has drawn up the technical documentation, that the electrical and electronic equipment bears the CE marking and is accompanied by the required documents, and that the manufacturer has complied with the requirements set out in regulations 5(g) and 5(h);

(c) do not place any equipment on the market until the equipment has been brought in conformity with these regulations in the case where the importers consider or have reason to believe that the electrical and electronic equipment is not in conformity with regulation 4 and they shall inform the manufacturer and the Division to that effect;

(d) indicate their name, registered trade name or registered trade mark and the address where they can be contacted, on the electrical and electronic equipment or, where this is not possible, on its packaging or in a document accompanying the electrical and electronic equipment. Where other applicable European Union legislation contains provisions regarding the affixing of the importer’s name and address which they deem to be less stringent, those provisions shall apply;

(e) keep, in order to ensure compliance with these regulations, a register of non-compliant electrical and electronic equipment and electrical and electronic equipment recalls, and keep distributors informed thereof;

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

(g) keep, at the disposal of the Division for ten years following the placing on the market of the electrical and electronic equipment, a copy of the EU declaration of conformity and furthermore they must ensure that any technical documentation will be made available upon request;

(h) 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.