Product Contact Point (Designation) Regulations, 2009

L.N.191 of 2009

MALTA STANDARDS AUTHORITY ACT

(CAP. 419)

Product Contact Point (Designation) Regulations, 2009

IN exercise of the powers conferred by article 21 of the Malta

Standards Authority Act, the Minister of Finance, the Economy and

Investment has made the following regulations:-

(1) The title of these regulations is the Product Contact

Point (Designation) Regulations, 2009.

(2) These regulations apply to the requirements of

Regulation (EC) No 764/2008 of the European Parliament and of

the Council of 9 July 2008 laying down procedures relating to the

application of certain national technical rules to products lawfully

marketed in another Member State and repealing Decision No

3052/95/EC, hereinafter referred to as “Regulation 764/2008”, in

as far as the designation of the product contact point and Malta’s

reporting obligations are concerned.

(1) The Malta Standards Authority, hereinafter

referred to as “the Authority”, is hereby designated as the Product

Contact Point with the meaning and responsibilities as assigned in

Regulation 764/2008.

(2) The Authority shall fulfil Malta’s obligations

emanating from Article 13 of Regulation 764/2008.

(1) The Product Contact Point shall, at the request

of, inter alia, an economic operator or a competent authority of

another Member State, provide the following information

(a) the technical rules applicable to a specific type of

product in Malta and information as to whether that type of

product is subject to a requirement for prior authorisation

under the laws of Malta, together with information concerning

the principle of mutual recognition and the application of

Regulation 764/2008 in Malta;

(b) the contact details of the competent authorities

within Malta by means of which they may be contacted

directly, including the particulars of the authorities responsible

for supervising the implementation of the technical rules in

question;

(c) the remedies generally available in the event of a

dispute between the competent authorities and an economic

operator.

(2) The Product Contact Point shall respond within

fifteen working days of receiving any request as referred to in sub-

regulation (1).

(3) The Product Contact Point shall not charge any fee

for the provision of the information referred to in sub-regulation

(1) The Authority shall send an annual report to the

Minister containing the information required by Article 12 of

Regulation 764/2008.

(2) In order for the Authority to fulfil its obligation

in subregulation (1), every entity established by law shall send in

writing to the Authority the following

(a) information as required in Article 12(1)(a) of

Regulation 764/2008;

(b) information as required in Article 12(1)(b) of

Regulation 764/2008;

(c) information as required by Article 12(1)(c) of

Regulation 764/2008;

(d) any other information requested by the Commission

within the context of Regulation 764/2008

Provided that, in the case where an entity has nothing to

report, it shall indicate so in writing to the Authority.

(3) The entities referred to in sub-regulation (2) shall

fulfil the obligation set in the said sub-regulation not later than

one calendar month from the dispatch of the request from the

Authority.

€0.19