S.L. 427.39 Art. 10Obligations of importers.

(1) Importers shall place only compliant products on the market.

(2) Before placing a product on the market importers shall ensure that the appropriate conformity assessment procedure referred to in regulation 15 has been carried out by the manufacturer. They shall ensure that the manufacturer has drawn up the technical documentation, that the product bears the CE marking, where applicable, is accompanied by the EU declaration of conformity or the attestation of conformity and the required documents, and that the manufacturer has complied with the requirements set out in regulations 8(5), (8) and (9). Where an importer considers or has reason to believe that a product is not in conformity with the essential health and safety requirements set out in Schedule II, he shall not place the product on the market until it has been brought into conformity. Furthermore, where the product presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.

(3) Importers shall indicate on the product their name, registered trade name or registered trade mark and the postal address at which they can be contacted or, where that is not possible, on its packaging or in a document accompanying the product. The contact details shall be in at least the Maltese or English language.

(4) Importers shall ensure that the product is accompanied by instructions and safety information in at least the Maltese or English language.

(5) Importers shall ensure that, while a product is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the essential health and safety requirements set out in Schedule II.

(6) When deemed appropriate with regard to the risks presented by a product, importers shall, to protect the health and safety of end-users, carry out sample testing of products made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming products and product recalls, and shall keep distributors informed of any such monitoring.

(7) Importers who consider or have reason to believe that a product which they have placed on the market is not in conformity with these regulations shall immediately take the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate. Furthermore, where the product presents a risk, importers shall immediately inform the Technical Regulations Division to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.

(8) Importers shall, for 10 years after the product has been placed on the market, keep a copy of the EU declaration of conformity or, where applicable, of the attestation of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation can be made available to the Technical Regulations Division, upon request.

(9) Importers shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of a product in at least the Maltese or English language. They shall cooperate with the Technical Regulations Division, at its request, on any action taken to eliminate the risks posed by products which they have placed on the market.