Article 9 — Obligations of importers

1. Importers shall place on the market only toys complying with this Regulation. 2. Before placing toys on the market, importers shall ensure the following: (a) the manufacturer has carried out the appropriate conformity assessment procedure and drawn up the technical documentation referred to in Article 7(2); (b) 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 concerned; (c) the manufacturer has created a digital product passport for the toy in accordance with Article 7(2), second subparagraph, point (a); (d) the data carrier is affixed in accordance with Article 19(7); (e) the relevant information from the digital product passport has been uploaded in the digital product passport registry in accordance with Article 22(1); (f) the CE marking is affixed in accordance with Article 18(1); and (g) the manufacturer has complied with the requirements set out in Article 7(5) and (6). 3. Where importers consider, or have reason to believe, that a toy is not in conformity with this Regulation, they shall inform the manufacturer and refrain from placing the toy on the market until it has been brought into conformity. Furthermore, where importers consider, or have reason to believe, that a toy presents a risk, they shall: (a) immediately inform the manufacturer thereof; and (b) ensure that the market surveillance authorities are immediately informed through the Safety Business Gateway. 4. Importers shall indicate their name, registered trade name or registered trade mark and the postal and electronic address at which they can be contacted on the toy or, where that is not feasible, on its packaging, in a document accompanying the toy or in the digital product passport. 5. Importers shall ensure that, while a toy is under their responsibility, storage or transport conditions do not jeopardise its compliance with the essential safety requirements. 6. When deemed appropriate with regard to the risks presented by a toy, importers shall, for the protection of the health and safety of consumers or other end users, carry out sample testing of marketed toys. 7. Where importers consider, or have reason to believe, that a toy that they have placed on the market is not in conformity with this Regulation, they shall immediately take the corrective measures necessary to bring that toy into conformity, to withdraw it or to recall it, as appropriate. Furthermore, where importers consider, or have reason to believe, that a toy that they have placed on the market presents a risk, they shall: (a) immediately inform the manufacturer thereof; (b) ensure that consumers or other end users are immediately informed thereof in accordance with Article 35 or 36 of Regulation (EU) 2023/988 or both; and (c) immediately inform the market surveillance authorities through the Safety Business Gateway, giving details, in particular, of the non-compliance and of any corrective measures taken. 8. Importers shall, for a period of 10 years after the toy has been placed on the market, keep the unique product identifier of the toy at the disposal of the market surveillance authorities and ensure that the technical documentation referred to in Article 27 can be made available to those authorities, upon request. 9. Importers 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 placed on the market. 10. Importers shall verify whether the manufacturer has made communication channels as referred to in Article 7(12) publicly available to consumers or other end users, in order to allow them to submit complaints concerning the safety of toys and provide information on any accident or safety issue they have experienced with the toy. If communication channels are not available, importers shall provide for them, taking into account accessibility needs for persons with disabilities. 11. Importers shall investigate complaints and information as referred to in paragraph 10 of this Article that they have received via a communication channel made available by the manufacturer, or via a communication channel made available by the importers themselves, and that concern the toys that they have made available on the market. Importers shall file such complaints, as well as recalls and any other corrective measures taken to bring the toys into conformity with this Regulation, in the register referred to in Article 7(13), or in their own internal register. Importers shall keep the manufacturer, distributors and, where relevant, providers of online marketplaces informed in a timely manner of the investigation performed and of the results of the investigation. 12. The internal register referred to in paragraph 11, first subparagraph, shall contain only personal data that are necessary for the importer to investigate the complaint or the information referred to in paragraph 10. Such data shall be kept only as long as is necessary for the purposes of the investigation and, in any event, no longer than 5 years after the data have been entered into the internal register.