S.L. 454.2 Art. 10Obligations of distributors.

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

(2) Before making an instrument intended to be used for the applications listed in paragraphs (a) to (f) of regulation 2(2) available on the market, distributors shall verify that the instrument bears the CE marking, and the supplementary metrology marking, that it is accompanied by the required documents and by instructions and information in at least English and, or Maltese, and that the manufacturer and the importer have complied with the requirements set out in regulation 7(5) and (6) and regulation 9(3) respectively.

Where a distributor considers or has reason to believe that an instrument intended to be used for the applications listed in paragraphs (a) to (f) of regulation 2(2) is not in conformity with the essential requirements set out in Schedule I, he shall not make the instrument available on the market until it has been brought into conformity. Furthermore, where the instrument presents a risk, the distributor shall inform the manufacturer or the importer to that effect as well as the Authority.

Before making an instrument not intended to be used for the respectively.

(3) Distributors shall ensure that, while an instrument intended to be used for the applications listed in paragraphs (a) to (f) of regulation 2(2) is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the essential requirements set out in Schedule I.

(4) Distributors who consider or have reason to believe that an instrument 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 instrument into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where the instrument presents a risk, distributors shall immediately inform the Authority and the competent national authorities of the Member States in which they made the 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 an instrument. They shall cooperate with the Authority, at its request, on any action taken to eliminate the risks posed by instruments which they have made available on the market.