Article 10 — Obligations of distributors

1. When making a toy available on the market, distributors shall act with due care in relation to the requirements of this Regulation. 2. Before making a toy available on the market, distributors shall verify that the following conditions have been met: (a) the toy is accompanied by instructions for use and safety information in accordance with Article 7(7) and bears warnings in accordance with Article 6 in a language or languages which can be easily understood by consumers or other end users as determined by the Member State in which the toy is to be made available on the market; (b) the data carrier is affixed in accordance with Article 19(7); (c) the CE marking is affixed in accordance with Article 18(1); and (d) the manufacturer and the importer have complied with the requirements set out in Article 7(2), second subparagraph, and Article 7(5), (6) and (12) and in Article 9(4), respectively. 3. Where distributors consider, or have reason to believe, that a toy is not in conformity with this Regulation, they shall inform the manufacturer or importer and refrain from making the toy available on the market until it has been brought into conformity. Furthermore, where distributors consider, or have reason to believe, that a toy presents a risk, they shall: (a) immediately inform the manufacturer or the importer, as applicable, thereof; and (b) ensure that the market surveillance authorities are immediately informed through the Safety Business Gateway; 4. Distributors shall ensure that, while a toy is under their responsibility, storage or transport conditions do not jeopardise its compliance with the essential safety requirement. 5. Where distributors consider, or have reason to believe, that a toy which they have made available on the market is not in conformity with this Regulation, they shall ensure that the corrective measures necessary to bring that toy into conformity, to withdraw it or to recall it, as appropriate, are immediately taken. Furthermore, where distributors consider, or have reason to believe, that a toy that they have made available on the market presents a risk, they shall immediately inform: (a) the market surveillance authorities of the Member States in which they made the toy available, through the Safety Business Gateway, giving details, in particular, of the non-compliance and of any corrective measures taken; and (b) consumers or other end users, in accordance with Article 35 or 36 of Regulation (EU) 2023/988 or both. 6. Distributors shall, further to a reasoned request from a competent national authority, provide it with all the information and documentation necessary to demonstrate the conformity of the toy, in a language which can be easily understood by that authority. They shall cooperate with that authority, at its request, as regards any action taken to eliminate the risks posed by toys which they have made available on the market.