Where manufacturers, importers or distributers have reason to believe that their product is not in compliance with the Declaration of Performance or not in compliance with other requirements of the Construction Products Regulation Immediately, they should take corrective measures, including if necessary withdrawing or recalling the product. In addition, where the product represents a safety risk then the competent national authority must be informed.
Manufacturers, importers or distributors should give details of the non-compliance and of any required corrective measures undertaken and must collaborate with and give any appropriate information and documentation on request.
The manufacturer is responsible for the CE Marking, if the manufacturer is not located within the European Economic Area (EEA), there must be a responsible party authorized by the manufacturer with the EEA. This responsible party who is authorized by manufacturer must have access to the technical file if there are questions from authorities or surveillance bodies.
The authorized responsible third party can be an Authorised Representative, the importer or distributor who can be authorized to take on this responsibility. It is important that the importer is capable to present the surveillance bodies with an EC Declaration of Conformity and have access to the Technical File. This importer has the responsibility for if the manufacturer is not located within the European Community and if he has not appointed a third party such as an Authorised Representative in Europe.
Responsibilities of the manufacturer
The manufacturer is any natural or legal person who manufactures a product or has a product designed or manufactured, and places it on the market under his own trademark. The responsibilities of the manufacturer apply also to any natural or legal person who assembles, packs, processes or labels ready-made products and places them on the market under his own trademark.
Further, the responsibility of the manufacturer is placed on any person who changes the considered use of a product in such a way that different essential will become applicable, or substantially modified, or further re-builds a product.
Also the manufacturer is responsible for designing and manufacturing the product in conforming to essential or other legal requirements laid down by the relevant European Union harmonisation legislation and for carrying out conformity assessment in accordance with the procedure laid down by the Union harmonisation legislation.
If an importer modifies a product to the expanse that the deliberated use with the applicable requirements may be affected or supplies the product under his trademark. Accordingly, he must make sure that the product complies with the applicable European Union harmonisation regulations and that the appropriate conformity assessment procedure has been carried out so that the CE marking can be legally affixed to the product.
Responsibilities of the importer
The importer must make sure that the manufacturer not build up in the European Union has correctly fulfilled his obligations. The importer is not a simple re-seller of products, but has a key role to play in undertaking the compliance of imported products.
Importers may only place construction products on the market that only perceive with the Construction Products Regulation. They will make sure that the manufacturer has hold up a Declaration of Performance and attached the CE mark. The importer should check that the Declaration of Performance has been slug in accordance with the model that the product bears a mark allowing its identification and that of the manufacturer.