S.L. 427.41 Art. 13Obligations of distributors.

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

(2) (a) Before making radio equipment available on the market distributors shall verify that the radio equipment bears the CE marking, that it is accompanied by the documents required by these regulations and by the instructions and safety information in Maltese or English, and that the manufacturer and the importer have complied with the requirements set out in regulations 10(2) and (6) to (10) and regulation 12(3) respectively.

(b) Where a distributor considers or has reason to believe that radio equipment is not in conformity with the essential requirements set out in regulation 4, he shall not make the radio equipment available on the market until it has been brought into conformity. Furthermore, where the radio equipment presents a risk, the distributor shall inform the manufacturer or the importer to that effect as well as the MSD.

(c) When making the radio equipment referred to in regulation 4(5) available to consumers and other end-users, distributors shall ensure that:

(i) such radio equipment displays, or is supplied with, a label in accordance with regulation 10(8)(c); and

(ii) such label is displayed in a visible and legible manner, and in the case of distance selling, close to the price indication.

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

(4) Distributors who consider or have reason to believe that radio equipment 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 equipment into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where the radio equipment presents a risk, distributors shall immediately inform the MSD, giving details, in particular, of the non-compliance and of any corrective measures taken.

(5) 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 radio equipment. They shall cooperate with the MSD, at its request, on any action taken to eliminate the risks posed by radio equipment which they have made available on the market.