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Obligations of UAS Distributors in the European Union
The market for unmanned aircraft systems (UAS) in the European Union is regulated by Delegated Regulation (EU) 2019/945, which sets out the requirements to be met by all economic operators involved in the supply chain of these products, including distributors. Below, we analyse their main responsibilities and obligations.
1. Perform due diligence
Distributors must ensure that the products they place on the market comply with the regulations. This includes verifying that UAS bear the CE marking, class identification label (if applicable) and sound power level indication.
2. Pre-market verification
Before placing a product on the market, the distributor must check that:
- The CE marking has been affixed correctly and, where applicable, the label identifying the UA class and sound power level.
- The manufacturer’s instructions and the information not required in the annex to the regulation are included.
- The manufacturer and the importer have fulfilled their respective legal obligations.
3. Ensure clear and comprehensible information
The product must be accompanied by the manufacturer’s instructions and information notice in a language easily understood by consumers and end-users. These instructions must be clear, understandable and legible.
4. Do not make non-compliant products available on the market
If the distributor has reason to believe that a UAS does not comply with the requirements set out in the regulations, he must not make it available on the market until it has been brought into conformity. Furthermore, if the product presents a risk, he must inform the manufacturer or importer and the relevant market surveillance authorities.
5. Maintain proper storage and transport conditions
While being responsible for the product, distributors must ensure that storage and transport conditions do not jeopardise compliance with safety and conformity requirements.
6. Cooperation with authorities
Distributors must provide the competent authorities, upon reasoned request, with all necessary information and documentation in paper or electronic form to demonstrate the conformity of the product. They are also obliged to co-operate in any action taken to eliminate risks arising from the product.
7. Product liability for defective products
Where a distributor finds that a product which he has made available on the market is not in conformity with Union harmonisation legislation, he must take immediate corrective action, including withdrawal or recall of the product from the market if necessary. In case the product presents a risk, he shall immediately inform the market surveillance authorities of the Member States where the product has been made available on the market.
8. Applicability of the manufacturer's obligations
Where a distributor places a UAS on the market under his own brand name or trademark, or modifies a product in such a way that compliance could be affected, he shall be considered a manufacturer and shall assume all the obligations of the manufacturer in this role.