S.L. 427.30 Art. 8Obligations of distributors.

(1) Distributors shall only make available on the market transportable pressure equipment which is in conformity with the Annexes to Directive 2008/68/EC and with these regulations. Before making transportable pressure equipment available on the market distributors shall verify that the transportable pressure equipment bears the Pi marking, and that it is accompanied by the certificate of conformity and the contact address referred to in regulation 7(3).

Where a distributor considers or has reason to believe that transportable pressure equipment is not in conformity with the Annexes to Directive 2008/68/EC or with these regulations, he shall not make the transportable pressure equipment available on the market until it has been brought into conformity. Furthermore, where the transportable pressure equipment presents a risk, the distributor shall inform the manufacturer or the importer to that effect as well as the Technical Regulations Division.

(2) Distributors shall ensure that, while transportable pressure equipment is under their responsibility, storage or transport conditions do not jeopardize its compliance with the requirements set out in the Annexes to Directive 2008/68/EC.

(3) Distributors who consider or have reason to believe that transportable pressure equipment which they have made available on the market is not in conformity with the Annexes to Directive 2008/68/EC or with these regulations shall make sure that the corrective measures necessary to bring that transportable pressure equipment into conformity, to withdraw it or to recall it, if appropriate, are taken. Furthermore, where the transportable pressure equipment presents a risk, distributors shall immediately inform the manufacturer, the importer, where relevant, and the Technical Regulations Division, giving details, in particular, of the non-compliance and of any corrective measures taken. Distributors shall document all such instances of non-compliance and corrective measures.

(4) Distributors shall, further to a reasoned request from the Technical Regulations Division, provide it with all the information and documentation necessary to demonstrate the conformity of the transportable pressure equipment in at least the English or Maltese language. They shall cooperate with the Technical Regulations Division, at its request, on any action taken to eliminate the risks posed by transportable pressure equipment which they have made available on the market.

(5) Distributors shall only provide information to operators which complies with the requirements set out in the Annexes to Directive 2008/68/EC and in these regulations.

(6) A distributor shall be considered a manufacturer for the purposes of these regulations and subject to the obligations of the manufacturer pursuant to regulation 5, where he places transportable pressure equipment on the market under his name or trademark or modifies transportable pressure equipment already placed on the market in such a way that compliance with the applicable requirements may be affected.