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Cableways Impact Assessment Study - Final Report - saferail.nl

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IA <strong>Study</strong> Concerning the Revision of the <strong>Cableways</strong> Directive<br />

Table B2.5: Clarifying the Responsibilities and Accountability of ‘Distributors’<br />

Obligations of Distributors<br />

product into conformity, to withdraw it or recall it, if appropriate, are taken. Furthermore,<br />

where the product presents a risk, distributors shall immediately inform the competent<br />

national authorities of the Member States in which they made the product available to that<br />

effect, giving details, in particular, of the non-compliance and of any corrective measures<br />

taken.<br />

5. Distributors shall, further to a reasoned request from a competent national authority,<br />

provide it with all the information and documentation necessary to demonstrate the<br />

conformity of a product. They shall cooperate with that authority, at its request, on any<br />

action taken to eliminate the risks posed by products which they have made available on<br />

the market.<br />

Source: Article R5, Chapter R2 of Decision No 768/2008/EC<br />

Added<br />

value?<br />

No<br />

Table B2.6: Cases in Which Obligations of Manufacturers Apply to Importers and Distributors<br />

Obligations of Importers and Distributors<br />

Added<br />

value?<br />

An importer or distributor shall be considered a manufacturer for the purposes of this ... No<br />

[name of relevant piece of legislation] and he shall be subject to the obligations of the<br />

manufacturer under [reference to the relevant part of the legislation], where he places a<br />

product on the market under his name or trademark or modifies a product already placed<br />

on the market in such a way that compliance with the applicable requirements may be<br />

affected.<br />

Source: Article R6, Chapter R2 of Decision No 768/2008/EC<br />

Table B2.7: Clarifying the Responsibilities of Economic Operators<br />

Obligations of Economic Operators<br />

Economic operators shall, on request, identify the following to the market<br />

surveillance authorities, for ... [period to be specified in proportion to the lifecycle of<br />

the product and the level of risk]:<br />

(a) any economic operator who has supplied them with a product;<br />

(b) any economic operator to whom they have supplied a product.<br />

Source: Article R7, Chapter R2 of Decision No 768/2008/EC<br />

Added<br />

value?<br />

Yes<br />

Criteria for Notified Bodies<br />

Table B2.8: Notification of Conformity <strong>Assessment</strong> Bodies<br />

Notification<br />

Member States shall notify the Commission and the other Member States of bodies<br />

authorised to carry out third-party conformity assessment tasks under this [act].<br />

Source: Article R13, Chapter R4 of Decision No 768/2008/EC<br />

Added<br />

value?<br />

No<br />

Table B2.9: Notification of Conformity <strong>Assessment</strong> Bodies<br />

Notifying Authorities<br />

1. Member States shall designate a notifying authority that shall be responsible for setting<br />

up and carrying out the necessary procedures for the assessment and notification of<br />

Added<br />

value?<br />

No<br />

Page 146

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