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Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC (Text with EEA relevance)

article  15

CELEX:  02023R1230-20230629

Obligations of distributors of machinery and related products
1. When making machinery or a related product available on the market, distributors shall act with due care in relation to the requirements of this Regulation.
2. Before making machinery or a related product available on the market, distributors shall verify that:
(a) the machinery or related product bears the CE marking;
(b) the machinery or related product is accompanied by the EU declaration of conformity referred to in Article 10(8);
(c) the machinery or related product is accompanied by the instructions for use and the information referred to in Article 10(7), and that they are in a language which can be easily understood by users, as determined by the Member State in which the machinery or related product is to be made available on the market;
(d) the manufacturer and the importer have complied with the requirements referred to in Article 10(5) and (6) and Article 13(3) respectively.
Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC (Text with EEA relevance)

article  15

CELEX:  02023R1230-20230629

3. Where a distributor considers or has reason to believe that machinery or a related product is not in conformity with this Regulation, the distributor shall not make the machinery or related product available on the market until it has been brought into conformity. Furthermore, where the machinery or related product presents a risk to the health and safety of persons and, where appropriate, domestic animals and property, and, where applicable, to the environment, the distributor shall inform the manufacturer or the importer as well as the market surveillance authorities to that effect.
4. Distributors shall ensure that, while machinery or a related product is under their responsibility, the storage or transport conditions do not jeopardise conformity with the essential health and safety requirements set out in Annex III.
Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC (Text with EEA relevance)

article  15

CELEX:  02023R1230-20230629

5. Distributors who consider or have reason to believe that machinery or a related product which they have made available on the market is not in conformity with this Regulation shall make sure that the corrective actions necessary to bring that machinery or related product into conformity, to withdraw it or recall it, as appropriate, are taken. Furthermore, where the machinery or related product presents a risk to the health and safety of persons and, where appropriate, domestic animals and property, and, where applicable, to the environment, distributors shall immediately inform the competent national authorities of the Member States in which they have made the machinery or related product available on the market to that effect, giving details, in particular, of the non-conformity and of any corrective actions taken.
Regulation (EU) 2023/1230 of the European Parliament and of the Council of 14 June 2023 on machinery and repealing Directive 2006/42/EC of the European Parliament and of the Council and Council Directive 73/361/EEC (Text with EEA relevance)

article  15

CELEX:  02023R1230-20230629

6. Distributors shall, further to a reasoned request from a competent national authority, provide that authority with all the information and documentation, in paper or digital format, necessary to demonstrate the conformity of the machinery or related product with this Regulation 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 to the health and safety of persons and, where appropriate, domestic animals and property, and, where applicable, to the environment presented by machinery or a related product which they have made available on the market.