Article 9 – 11: Obligations relating to distributors
Regulation (EU) 2019/945: Obligations of distributors
Commission Delegated Regulation (EU) 2019/945 of 12 March 2019 on unmanned aircraft systems and third-country operators of unmanned aircraft systems.
Obligations of economic operators
Obligations of distributors
- When making a product available on the Union market, distributors shall act with due care in relation to the requirements set out in this Chapter.
- Before making a product available on the market, distributors shall verify that the product bears the CE marking and, when applicable, the UA class identification label and the indication of the sound power level, is accompanied by the documents referred to in paragraphs 7 and 8 of Article 6 and that the manufacturer and the importer have complied with the requirements set out in paragraphs 5 and 6 of Article 6 and in paragraph 3 of Article 8).
Distributors shall ensure that the product is accompanied by the manual and information notice required by Parts 1 to 6 of the Annex in a language which can be easily understood by consumers and other end-users, as determined by the Member State concerned. That manual and information notice, as well as any labelling, shall be clear, understandable and legible.
Where a distributor considers or has reason to believe that a product is not in conformity with the requirements set out in Article 4, he shall not make the product available on the market until it has been brought into conformity. Furthermore, where the product presents a risk, the distributor shall inform the manufacturer or the importer to that effect, as well as the competent market surveillance authorities.
- Distributors shall ensure that, while a product is under their responsibility, its storage or transport conditions do not jeopardise its compliance with the requirements set out in Article 4.
- Distributors who consider or have reasons to believe that a product which they have made available on the market is not in conformity with the applicable Union harmonisation legislation shall make sure that the corrective measures necessary to bring that product into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore, where the product presents a risk, distributors shall immediately inform the market surveillance authorities of the Member States in which they made the product available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
- Distributors shall, further to a reasoned request from the competent national authority, provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of the product. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by the product which they have made available on the market.
Cases in which obligations of manufacturers apply to importers and distributors
An importer or distributor shall be considered a manufacturer for the purposes of this Chapter and shall be subject to the obligations of manufacturers pursuant to Article 6, where they place a product on the market under their name or trademark or modify the product already placed on the market in such a way that compliance with this Chapter may be affected.
Identification of economic operators
- Economic operators shall, on request, identify the following to the market surveillance authorities:
any economic operator who has supplied them with a product;
any economic operator to whom they have supplied a product.
- Economic operators shall be able to present the information referred to in paragraph 1:
for 10 years after they have been supplied with the product;
for 10 years after they have supplied the product.
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