第36条 経済事業者の情報提供義務

1. When making a product covered by a delegated act adopted pursuant to Article 4 available on the market through distance selling, economic operators shall ensure that the product offer clearly and visibly provides at least the following information:

(a)the name, registered trade name or registered trade mark of the manufacturer, as well as the postal and electronic address where the manufacturer can be contacted;

(b)in the event that the manufacturer is not established in the Union, the name, postal and electronic address and telephone number of the economic operator established in the Union within the meaning of Article 4(2) of Regulation (EU) 2019/1020; and

(c)information allowing the identification of the product, including a picture of it, its type and any other product identifier.

2. Economic operators shall, upon a reasoned request, provide the market surveillance authorities with:

(a)the name of any economic operator that has supplied them with a product falling within the scope of a delegated act adopted pursuant to Article 4;

(b)the name of any economic operator to whom or to which they have supplied such products, as well as the quantities and exact models of such products.

Economic operators shall ensure that they are able to provide the information referred to in the first subparagraph for 10 years after they have been supplied with the relevant products and for 10 years after they have supplied such products, unless a different period has been specified in the delegated act referred to in paragraph 1. That information shall be provided in paper or electronic form within 15 days of receipt of a request by the market surveillance authority.

3. When requiring manufacturers, their authorised representatives or importers to make parts of the technical documentation related to the relevant product digitally available pursuant to Article 4(6), point (a)(iii), the Commission shall take into account the following criteria:

(a)the need to facilitate the verification by market surveillance authorities of compliance of manufacturers, their authorised representatives and importers with the applicable requirements; and

(b)the need to avoid a disproportionate administrative burden for economic operators, in particular for SMEs.

The Commission shall specify the manner in which the relevant parts of the technical documentation are to be made available. Where the digital product passport is available, technical documentation shall be made available through it.