Article 19
Obligations of distributors
1. When making packaging available on the market, distributors shall act with due care in relation to the requirements of this Regulation.
2. Before making packaging available on the market, distributors shall verify that:
(a)
the producer that is subject to the obligations on extended producer responsibility for the packaging is registered in the register of producers referred to in Article 44;
(b)
the packaging is labelled in accordance with Article 12; and
(c)
the manufacturer and the importer have complied with the requirements set out in Article 15(5) and (6) and Article 18(3), respectively.
and the importer have complied with the requirements set out in Article 15(5) and (6) and Article 18(3), respectively.
3. Where a distributor, before making packaging available on the market, considers or has reason to believe that the packaging is not in conformity with the requirements laid down in or pursuant to Articles 5 to 12 or that the manufacturer or importer is not complying with the requirements set out in Article 15(5) and (6) and Article 18(3), respectively, the distributor shall not make the packaging available on the market until it hasfull text
been brought into conformity or until the manufacturer or importer complies.
Distributors shall ensure that, while the packaging, whether empty or with a product, is under their responsibility, the storage or transport conditions do not jeopardise its conformity with the requirements laid down in or pursuant to Articles 5 to 12.
conditions do not jeopardise its conformity with the requirements laid down in or pursuant to Articles 5 to 12.
4. Information disclosed by the producer shall not be used by the distributor for any purpose other than to verify compliance with applicable requirements laid down in or pursuant to Articles 5 to 12. In particular, the misuse of such information by distributors for commercial purposes shall be prohibited.
5 to 12. In particular, the misuse of such information by distributors for commercial purposes shall be prohibited.
5. Distributors who consider or have reason to believe that packaging which they have made available on the market with the packaged product is not in conformity with the applicable requirements laid down in or pursuant to Articles 5 to 12 shall make sure that the necessary corrective measures are taken to bring that packaging into conformity, to withdraw it or to recall it, as appropriate.
Distributors shall immediately inform the market surveillance authorities of the Member States in which they made the packaging available of the suspected non-conformity and of the corrective measures taken.
States in which they made the packaging available of the suspected non-conformity and of the corrective measures taken.
6. Distributors shall, upon a reasoned request from a national authority, provide that authority with all the information and documentation to which they have access and that is relevant for demonstrating the conformity of the packaging with the applicable requirements laid down in or pursuant to Articles 5 to 12 in one or more languages which can be easily understood by that authority. That information and documentation shall be provided in electronic form and, on request, in paper form.
Distributors shall cooperate with the national authority on any action taken to remedy any case of non-compliance with the requirements laid down in or pursuant to Articles 5 to 12.
Who tried to change it in committee
Committee-stage amendments targeting exactly this article, by political group. Justifications verbatim, in the authors' own words.
Group
Amendments
S&D
1
Source: the committee amendment documents. n = 1 amendments targeting this article.
Who wrote about this article in the consultations
Filers who named this exact article number in their own text. It is their sentence, not our reading — and not a causal claim.
1
company
1
environmental org.
1
EU citizen
Who
Country
What they wrote
IKG crewshop24.com
DE
placed on the market of a Member State is non-compliant must it inform the relevant authorities about this (see Article 15(8) and Article 19(5)). In cases where a manufacturer delivers products from one Member State to the warehouse of a distributor in another ↗
CNSBII - Corpo Nazionale delle Sentinelle dei Bacini idrografici Italiani
IT
prescritte dall'articolo 19, paragrafo 2; k) riferimenti incrociati tra tecnologie, processi, schemi, riciclatori e impianti e schemi. ↗
—
DE
Artikel 16 Importeure und Artikel 19 Verpflichtungen Es gibt eine vielzahl von kleinen und mittleren Unternehmen, die Produkte in kleinen Mengen oder Einzelstücke einkaufen und verkaufen. Sie sind häufig gleichzeitig Importeure als auch Vertreiber an Endkunden ↗
Source: public consultation submissions and position papers. n = 3 mentions; counted as a literal reference to the article number.