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Section 11

Obligations of the distributor

(1) The distributor may make a product available on the market only where 1. the product bears the CE marking under section 19, 2. the documents under section 7(3) are attached to the product, 3. the manufacturer has fulfilled its obligations under section 7(1) and (2), and 4. the importer has fulfilled its obligations under section 10(1) and (2).
(2) Where the distributor knows or has reason to believe that a product does not conform to the accessibility requirements of the statutory instrument to be issued under section 3(2), it may not make that product available on the market until conformity has been brought about. Where the product does not comply with the applicable accessibility requirements, the distributor must also immediately inform the manufacturer or the importer, and the market surveillance authorities, of this.
(3) For as long as a product is under its responsibility, the distributor must ensure that storage or transport conditions do not jeopardise the product's compliance with the requirements of the statutory instrument to be issued under section 3(2).
(4) Where a distributor knows or has reason to believe that a product it has made available on the market does not meet the accessibility requirements of the statutory instrument to be issued under section 3(2), it must ensure that the corrective measures necessary to bring that product into conformity are taken. Where conformity cannot be brought about, the distributor must ensure that the product is withdrawn. Where the product does not comply with the accessibility requirements of the statutory instrument to be issued under section 3(2), the distributor must immediately inform the market surveillance authority and the market surveillance authorities of the Member States of the European Union in which it made the product available, giving details, in particular, of the non-compliance and of any corrective measures taken.
(5) Section 7(5) applies accordingly.

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