S.L. 427.61 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 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, as referred to in regulation 17, and is accompanied by the documents required in accordance with regulation 16 and point 2.5 of Part A of Schedule I, point 4 of Part B of Schedule I and point 2 of Part C of Schedule I and that the manufacturer has complied with the requirements set out in regulation 8(5) and (6).

Where an importer considers or has reason to believe that a market surveillance authorities to that effect.

(3) Importers shall indicate their name, registered trade name or registered trade mark and the address at which they can be contacted on the product or, in the case of components where that is not possible, on the packaging or in a document accompanying the product.

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

(5) Importers shall ensure that, while a product is under their responsibility, storage or transport conditions do not jeopardise its compliance with the requirements set out in regulation 5(1) and in Schedule I.

(6) When deemed appropriate with regard to the risks presented by a product, importers shall, to protect the health and safety of consumers, 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 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 competent national authorities of the Member States in which they made the product available to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken. The competent authority in the case of products imported into Malta, shall be the Technical Regulations Division.

(8) Importers shall, for a period of ten years after the product has been placed on the market, keep a copy of the declaration, as referred to in regulation 16, at the disposal of the market surveillance authorities and ensure that the technical documentation can be made available to those authorities, upon request.

(9) Importers 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 a product in at least the Maltese or the English language. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by products which they have placed on the market.