Article 8 – Obligations relating to importers
Regulation (EU) 2019/945: Obligations of importers
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 importers
- Importers shall only place products compliant with the requirements in this Chapter on the Union market.
- Before placing a product on the Union market, importers shall ensure that:
the appropriate conformity assessment procedure referred to in Article 13 has been carried out by the manufacturer;
the manufacturer has drawn up the technical documentation referred to in Article 17;
the product bears the CE marking and, when required, the UA class identification label and the indication of the sound power level;
the product is accompanied by the documents referred to in paragraphs 7 and 8 of Article 6;
the manufacturer has complied with the requirements in paragraphs 5 and 6 of Article 6.
Where an importer considers or has reasons to believe that a product is not in conformity with the requirements set out in Parts 1 to 6 of the Annex, he shall not place the effect on the market until it has been brought into conformity. Furthermore, where the product presents a risk to the health and safety of consumers and third parties, the importer shall inform the manufacturer and the competent national authorities to that effect.
- Importers shall indicate on the product their name, registered trade name or registered trademark, website, 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. End-users and market surveillance authorities shall easily understand the contact details.
- Importers 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 easily understood by consumers and other end-users, as determined by the Member State concerned. That manual and information notice and any labeling shall be clear, understandable, and legible.
- While the product is under their responsibility, importers shall ensure that its storage or transport conditions do not jeopardize its compliance with the requirements set out in Article 4.
- When deemed appropriate concerning the risks presented by a product, importers shall, to protect the health and safety of end-users and third parties, carry out sample testing of products made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming of products and product, recalls, and shall keep distributors informed of any such monitoring.
- Importers who consider or have reason to believe that a product they have placed on the market is not in conformity with the applicable Union harmonization legislation shall immediately take the corrective measures necessary to bring that product into conformity, withdraw it or recall it if appropriate. Furthermore, where the product presents a risk, importers 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 any corrective measures taken.
- For 10 years after the product has been placed on the market, Importers shall keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities and ensure that the technical documentation can be made available to those authorities upon request.
- Further to a reasoned request from the competent national authority, Importers shall provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of the product in a language that can be easily understood by that authority. They shall cooperate with that authority, at its request, on any action taken to eliminate the risks posed by the product they have placed on the market.
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