第40条 認定代理人の義務

1. A manufacturer may, by a written mandate, designate an authorised representative.

The authorised representative’s mandate shall be valid only when accepted in writing by the authorised representative.

2. The obligations laid down in Article 38(1) and Articles 48 to 52 and the obligation to draw up technical documentation shall not form part of the authorised representative’s mandate.

3. An authorised representative shall perform the tasks specified in the mandate received from the manufacturer. The authorised representative shall have the appropriate means to perform the tasks specified in the mandate. The authorised representative shall provide a copy of the mandate to the market surveillance authority, upon request, in a Union language determined by that authority. The mandate shall include at least the following tasks:

(a)keep the EU declaration of conformity, the technical documentation, the verification report and approval decision referred to in Article 51(2) and the audit reports referred to in Article 48(2) at the disposal of national authorities for 10 years after the battery has been placed on the market or put into service;

(b)further to a reasoned request from a national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the battery. That information and the documentation shall be provided in electronic format and, on request, in paper format;

(c)cooperate with the national authorities, at their request, on any action taken to eliminate the risks posed by batteries covered by the authorised representative’s mandate.

4. Where the battery presents a risk, authorised representatives shall immediately inform the market surveillance authorities thereof.