Malta Standards Authority (Establishment of Directorates)

L.N. 213 of 2000

MALTA STANDARDS AUTHORITY ACT, 2000

(ACT NO. XIX OF 2000)

Malta Standards Authority (Establishment of Directorates)

Order, 2000

IN exercise of the powers conferred by article 3 (14) ofthe Malta

Standards Authority Act, the Minister for Economic Services has made

the following Order:-

(1) The title of this Order is the Malta Standards Authority Citation and

commencement.

(Establishment of Directorates) Order, 2000.

(2) The date of coming into force of the Order is the 1st

October, 2000.

FUNCTIONS AND RESPONSIBILITIES OF THE

CONSUMER AND INDUSTRIAL GOODS DIRECTORATE

(a) To draft legislation in relation to the areas indicated in paragraph (e) hereof

and issued by virtue of the Quality Control (Exports, Imports and Local Goods) Act,

Cap. 225;

To advise the Minister, the Authority and other Government agencies and

(b)

the private sector, concerning this legislation and other matters ancillary thereto;

(c) To assist all sectors of industry to understand and meet the essential

requirements imposed by technical regulations, issued by virtue ofthe Quality Control

(Export, Imports and Local Goods) Act, and the technical, quality and safety

requirements of harmonised European and international standards issued by virtue of

the Act;

(d) To co-ordinate and impletpent the Authority's programme of standardization

in the areas indicated in paragraph (e) hereof and, in particular, to exercise the advisory

functions assigned to the Authority by virtue of the Quality Control (Exports, Imports

and Local Goods Act) and by any other law;

(e) To establish, with the consent of the Minister and of the Chainnan of the

Authority, Technical Committees for the areas of competence hereunder indicated,

and to chair and co-ordinate the work of such Committees relating to

1. Motor vehicles

2. Electrical risk and electrical equipment

3. Electromagnetic compatibility

4. Radio equipment and telecommunications tenninal equipment

5. Energy efficiency requirements

In this Order, the following definitions shall apply, unless the Definitions.

context otherwise requires

"Act" means the Malta Standards Authority Act, 2000;

"Authority"means the Malta Standards Authority;

"Head of Directorate" means the person appointed to that post

according to the provisions of section 3 (17) of the Act.

"Minister" means the Minister responsible for industry .

FUNCTIONS AND RESPONSIBILITIES OF THE

FOODSTUFFS, CHEMICALS AND COSMETICS DIRECTORATE

(a) To draft legislation in relation to the areas indicated in paragraph (e) hereof

and issued by virtue of the Quality Control (Exports, Imports and Local Goods) Act,

Cap. 225, and the Food, Drugs and Drinking Water Act, Cap. 231;

(b) To advise the Minister, the Authority and other Government agencies and

the private sector, concerning this legislation and other matters ancillary thereto;

(c) To assist all sectors of industry to understand and meet the essential

requirements imposed by technical regulations, issued by virtue of the Acts referred to

in paragraph (a) above, and the technical, quality and safety requirements ofharmonised

European and international standards issued by virtue of the Act;

(d) To co-ordinate and implement the Authorityfs programme of standardization

in the areas indicated in paragraph (e) hereof and, in particular, to exercise the advisory

functions assigned to the Authority by virtue of the Quality Control (Exports, Imports

and Local Goods) Act, the Food, Drugs and Drinking Water Act and by any other law;

(e) To establish, with the consent of the Minister and of the Chairman of the

Authority, Technical Committees for the areas of competence hereunder indicated,

and to chair and co-ordinate the work of such Committees relating to

1. Foodstuffs, including materials for their production

2. Water

3. Alcoholic beverages

4. Fertilisers and animal feedingstuffs

5. Chemical substances, products and preparations

6. Medicinal and pharmaceutical products

7. Cosmetic products

8. Textiles and footwear

9. Glass, wood, paper and metal and products made therefrom

10. Packaging materials;

(f) To act as the focal point for any notification requirements involving the

Authority, for ensuring the free movement of goods principle;

(g) To formulate and give effect to programmes oftechnical assistance aimed at

business operators for the purpose of facilitating their compliance with relevant technical

regulations and standards;

(h) To communicate to the general public and to interested parties any

information regarding the Authority's programme of standardization in the areas of

competence indicated in paragraph (e) hereof;

(i) To provide training and information on technical regulations and standards

in the areas indicated in paragraph (e) hereof;

G)

to represent the Authority in relevant national and international activities;

(k)

to carry out such other functions as the Minister may, from time to time,

direct.

There shall be established such Directorates within the Establishment of

Directorates.

Authority in terms of article 3 (14) of the Act, having such functions

and responsibilities as described in the schedule relative to each one of

such Directorates, as follows

(a)

Consumer and Industrial Goods Directorate (Schedule I);

(b) Foodstuffs, Chemicals and Cosmetics Directorate

(Schedule 2);

(c)

Standardization Directorate (Schedule 3).

FUNCTIONS AND RESPONSIBILITIES OF THE

STANDARDIZATION DIRECTORATE

(a) To draft standards according the Authority's programme of standardization

and issue them by virtue of the Act;

(b) To adopt international standards and issue them as national standards by

virtue of the Act according the Authority's programme of standardization;

(c)

To advise the Authority to repeal conflicting national standards;

(d) To ensure that all interested parties are adequately represented in

standardization activities;

(e) To advise the Minister, the Authority and other Government agencies and

the private sector, concerning standardization issues and other matters ancillary thereto;

To assist all sectors of industry to understand the importance of standards,

(f)

issued by virtue of the Act;

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(g) To co-ordinate and implement the Authority's programme of standardization

such as conformity marking, public enquiry and surveys on standardization needs, sale

of standards, and other matters ancillary thereto;

(h) To establish, with the consent of the Minister and of the Chairman of the

Authority, Technical Committees for the areas of competence as the Authority may

identify, and to chair and co-ordinate the work of such Committees;

(i) To act as the focal point for any notification requirements involving the

Authority, for ensuring the free movement of goods principle;

(j) To formulate and give effect to programmes of technical assistance aimed at

business operators for the purpose of facilitating their compliance with relevant

standards;

(k) To communicate to the general public and to interested parties any

information regarding the Authority's programme of standardization;

(1) To provide training and information on standardization matters and in other

matters ancillary thereto;

(m) To represent the Authority in relevant national and international activities

and express national vote on draft European and International standards;

(n)

To carry out such other functions as the Authority may, from time to time,

direct.

(1) A Head of a Directorate shall be appointed according to Head and functions

of the Directorates.

the provisions of section 3 (17) of the Act.

(2) In exercising its functions under this Order, the

Directorate shall be functionally independent from the Authority as

regards substantive matters and, more specifically, as regards technical

matters within its area of competence. In particular, the Directorate shall

be independent of any other structure or official within the Authority as

regards the implementation ofthe functions listed in the relative schedule

to each Directorate.

(3) Without prejudice to subarticle (2) hereof, the

Directorate shall operate subject to the administrative and financial

control of the Authority as provided for in the Act and subject to the

general policy of the Authority.

(1) The Head of the Directorate may, with the agreement of

the Minister and of the Authority, establish Technical Committees in

order to provide scientific and technical advice as required by article 16

(b) (iii) of the Act in the areas of competence indicated in each relative

schedule to this Order.

(2) The members of the Technical Committees shall be

nominated by the Minister on the advice of the Head of the Directorate.

(3) The Head of the Directorate shall chair and co-ordinate

the Technical Committees under his responsibility.

(4) The Head of the Directorate shall not have the right of

vote in the Technical Committees.

(5) The Head of the Directorate shall be responsible for

ensuring the competence, impartiality, transparency and independence

of the Technical Committees under his responsibility.

(6) The Minister may, on the advice of the Head of the

Directorate, remove, replace or suspend any member of a Technical

Committee if this is considered necessary by the Minister to maintain

the requirements stated in subarticle (5) hereof.

Mechanical devices

Personal protective equipment

Construction products

Recreational seacraft

Medical devices

Pressure vessels

12. Toys

Gas appliances

Noise from vehicles and machinery;

(f) To act as the focal point for any notification requirements involving the

Authority, for ensuring the free movement of goods principle;

(g) To fonnulate and give effect to programmes of technical assistance aimed

at business operators for the purpose of facilitating their compliance with relevant

technical regulations and standards;

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(h) To communicate to the general public and to interested parties any

information regarding the Authority's programme of standardization in the areas of

competence indicated in paragraph (e) hereof;

(i) To provide training and information on technical regulations and standards

in the areas indicated in paragraph (e) hereof;

(j)

To represent the Authority in relevant national and international activities;

(k)

To carry out such other functions as the Minister may, from time to time,

direct.