Certificates of Specific Character Regulations, 2004

L.N. 183 of 2004

PRODUCT SAFETY ACT, 2001

(ACT NO. V OF 2001)

Certificates of Specific Character Regulations, 2004

IN exercise of the powers conferred by article 39 of the Product

Safety Act, 2001, the Minister for Competitiveness and

Communications, on the advice of the Malta Standards Authority, has

made the following regulations

The title of these regulations is the Certificates of Specific

Character Regulations, 2004.

These regulations shall come into force on the 1 st May 2004.

2.

In these regulations, unless the context otherwise requires, the

following definitions shall apply

“the Authority” shall mean the Malta Standards Authority;

“EEC Regulation 2082/92” shall mean Council Regulation

(EEC) No 2082/92 on certificates of specific character for

agricultural products and foodstuffs 1 ;

“label” shall have the meaning assigned to it by the Labelling,

Presentation and Advertising of Foodstuffs Regulations, 2002;

“specific character” shall have the meaning assigned to it in

Article 2(1) of EEC Regulation 2082/92.

1 The Malta Standards Authority is hereby designated as the

competent authority for the purposes of EEC Regulation 2082/92.

4.2 The Head of the Directorate responsible for foodstuffs within

the Authority shall appoint a Standing Committee, composed of

representatives of public and private organizations with an interest in

certificates of specific character, to assist and advise the Authority on

all matters related to the implementation of EEC Regulation 2082#92.

OJ L 208, 24.7.1992, p.9

4.3 The Standing Committee referred to in regulation 4.2 shall

be appointed for a period of three years.

4.4 The names of the members of the Standing Committee, as

well as of the organizations represented, shall be published by the

Authority in the Gazette.

4.5 The Standing Committee referred to in regulation 4.2 shall

regulate its own procedures.

1 Following receipt of an application for registration in Publication of

accordance with EEC Regulation 2082/92, the Authority shall check Registration

Applications.

that the application is justified and shall forward the application to the

European Commission in accordance with Article 7(3) of EEC

Regulation 2082/92.

5.2 Prior to forwarding the application to the European

Commission, the Malta Standards Authority shall publish in the Gazette,

a summary of each application forwarded to the European Commission

in accordance with Article 7(3) of EEC Regulation 2082/92. The

summary shall include

a) the name and address of the applicant;

b) the name of the product for which recognition is

sought;

c) the main points of the application.

5.3 A period of two months from the date of publication in the

Gazette shall be allowed for comments or objections prior to

transmission of the application to the European Commission.

5.4 Any natural or legal person residing in Malta who can

demonstrate a legitimate economic interest may submit a formal

objection, in writing, to the Malta Standards Authority in respect of any

application during the two month period referred to in regulation 5.3.

5.5 In the event of a formal objection pursuant to regulation 5.4,

the Authority may, after having consulted the Standing Committee

a) accept the original application and reject the

objection,

b) uphold the objection and reject the application in

its totality,

c) request specific amendments to the specification or

to the supporting documentation originally provided.

5.6 In the event of a revised application being submitted pursuant

to regulation 5.5 (c), the two month period referred to in regulation 5.3

shall be extended by a further one month following submission of the

revised application. Receipt of the revised application shall be notified

by the Authority in the Gazette.

5.7 Objections to revised applications shall only be considered

if they refer to points or supporting documents not contained in the

original application.

1 The Authority shall, by not later than the 1 st November 2004,

Inspection Structure

establish an inspection structure in order to ensure that agricultural

products and foodstuffs carrying a certificate of specific character meet

the criteria laid down in the specifications.

6.2 All products produced in Malta, falling within the scope of

EEC Regulation 2082/92 and carrying a certificate of specific character

in terms of that Regulation, shall be subject to inspection by the

Authority.

6.3 Officials duly authorized by the Authority shall be permitted

free and unhindered access to all production sites, including private

dwellings where such production may be carried out, for the purpose of

inspection.

6.4 The Minister may, in accordance with the provisions of the

Malta Standards Authority Act, prescribe the fees or charges that may

be charged in respect of

a) inspection of agricultural products and foodstuffs carrying

a certificate of specific character.,

b)

registration of producers pursuant to regulation 6.5.

6.5 A register shall be kept by the Authority for each product

produced in Malta, granted a certificate of specific character in

accordance with EEC Regulation 2082/92 and subject to inspection by

the Authority. Registration shall be compulsory for all producers of

such products.

6.6 The register referred to in regulation 6.5 shall be open to all

producers complying with the requirements laid down in the

specification.

6.7 All persons listed in the register referred to in regulation 6.5

shall be subject to periodic and random inspection at intervals which

shall be determined by the Authority, taking into account the nature of

the product, its seasonality, the likelihood of deviation from the product

specification, the potential risk to human health which may be posed

by poor agricultural and hygienic practices, the reputation of the product

and the number and distribution of producers.

6.8 The register shall contain the following details, for each

producer

a) the name of the individual producer,

b) a unique identification number, to be determined by the

Authority,

c) the address or location of the production or cultivation

site or sites, referring to such identification systems as may be

determined by the Authority,

d) information relevant to the product, as may be determined

by the Authority.

6.9 The name of the Malta Standards Authority, or a symbol

which may be determined by the Authority, shall appear on the label of

agricultural products or foodstuffs granted a certificate of specific

character in terms of EEC Regulation 2082/92 and subject to inspection

by the Authority, together with

a) the identification number of the producer, referred to in

regulation 6.6 (b),

b) the specific name of the product, as registered in

accordance with EEC Regulation 2082#92,

c) one of the following designations, immediately following

the specific name of the product>

i)

‘Speçjalità Tradizzjonali Garantita’

ii)

‘STG’

d)

optionally, one of the following designations in English>

i)

‘Traditional Speciality Guaranteed’

ii)

‘TSG’

d) optionally, the Community symbol established by

Commission Regulation (EEC) No. 1848#93 2 .

6.10 The Authority shall remove from the register any person

who repeatedly refuses to cooperate with the Authority during the

inspection process, or who is not producing the product in question in

accordance with the specification.

1

No person may use

a) any of the terms mentioned in regulation 6.9(c),

b) the symbol determined by the Authority in accordance

with regulation 6.9<

c) the Community symbol established by Commission

Regulation (EEC) No. 1848#93<

d) any other term or symbol intended to give the impression

that the product has been granted recognition in terms of EEC

Regulation 2082#92, in the labelling, presentation or advertising

of any agricultural product or foodstuff which has not been granted

recognition in accordance with EEC Regulation 2082#92.

OJ L 168 , 10.07.1993, p.35

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press