Obligations of the manufacturer

(1) The manufacturer may place a product on the market only where 1. the product has been designed and manufactured in accordance with the accessibility requirements of the statutory instrument to be issued under section 3(2), 2. the technical documentation under Annex 2 has been drawn up, the conformity assessment procedure has been carried out, and the product's conformity with the applicable accessibility requirements has been demonstrated within that procedure, 3. the manufacturer has drawn up an EU declaration of conformity under section 18, and 4. the CE marking has been affixed under section 19.
(2) The manufacturer must keep the technical documentation and the EU declaration of conformity, in written or electronic form, for five years after the product has been placed on the market.
(3) The manufacturer must, through appropriate procedures, ensure that conformity with the requirements of this Act is maintained even in the case of series production. Changes in the design of the product or in its characteristics, and changes in the standards or technical specifications referred to in sections 4 and 5 by reference to which conformity of a product is declared, must be adequately taken into account.
(4) Where a manufacturer knows or has reason to believe that a product it has placed on the market does not conform to the accessibility requirements of the statutory instrument to be issued under section 3(2), it must immediately take the corrective measures necessary to bring that product into conformity. Where conformity cannot be brought about, the manufacturer must withdraw or recall the product. Where the product does not comply with the accessibility requirements of the statutory instrument to be issued under section 3(2), the manufacturer 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) The manufacturer must keep a register of products it has notified to the market surveillance authorities for non-compliance with the applicable accessibility requirements, and of related complaints. The register must be kept in written or electronic form.