S.L. 427.40 Art. 7Obligations of distributors.

(1) When making a toy available on the local or

Community market, distributors shall act with due care in relation to the applicable requirements.

(2) Before making a toy available on the market, distributors shall verify that the toy bears the required conformity marking, that it is accompanied by the required documents and by instructions and safety information in, at least, the English or Maltese language, and that the manufacturer and the importer have complied with requirements set out in regulation 4 and regulation 6(4).

(3) Where a distributor considers or has reason to believe that a toy is not in conformity with the requirements set out in regulation 9 and Schedule I, it shall not make the toy available on the market until the toy has been brought into conformity. Furthermore, where the toy presents a risk, the distributor shall inform the manufacturer or the importer, as well as the Market Surveillance Directorate, to that effect.

(4) Distributors shall ensure that, while a toy is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements set out in regulation 9 and Schedule I.

(5) Distributors who consider or have reason to believe that a toy which they have made available on the market is not in conformity with the relevant Community harmonisation legislation, shall make sure that the corrective measures necessary to bring that toy into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where the toy presents a risk, distributors shall immediately inform the Market Surveillance Directorate giving details, in particular, of the non-compliance and of any corrective measures taken.

(6) Distributors shall, further to a reasoned request from the Market Surveillance Directorate, provide that Directorate with all the information and documentation necessary to demonstrate the conformity of the toy. They shall cooperate with that Directorate, at its request, as regards any action taken to eliminate the risks posed by toys which they have made available on the market.

(7) A distributor shall be considered as a manufacturer for the purposes of these regulations and be subject to the obligations of the manufacturer under regulation 4(1) to (10) when it places a toy on the market under its name or trademark or modifies a toy already placed on the market in such a way that compliance with the applicable requirements may be affected.