S.L. 454.15 Art. 13Obligations of distributors.

(1) When making a measuring instrument available on the market and, or putting it into use, distributors shall act with due care in relation to the requirements of these regulations.

(2) Before making a measuring instrument available on the market and, or putting a measuring instrument into use distributors shall verify that the measuring instrument bears the CE marking and the supplementary metrology marking, that it is accompanied by the EU declaration of conformity, by the required documents and by instructions and information in accordance with point 9.3 of Schedule I, in at least English and, or Maltese, or put into use, and that the manufacturer and the importer have complied with the requirements set out in regulation 10(5) and (6) and regulation 12(3) respectively.

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

(4) Distributors shall ensure that, while a measuring instrument is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the essential requirements set out in Schedule I and in the relevant instrument-specific Schedules.

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

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