Regularisation of non-CE Marked Lifts Regulations, 2010

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,618, 9 ta’ Lulju, 2010

LN 346 of 2010

PRODUCT SAFETY ACT

(CAP. 427)

Regularisation of non-CE Marked Lifts Regulations, 2010

IN exercise of the powers conferred by article 38 of the

Product Safety Act, the Prime Minister, on the advice of the Malta

Standards Authority, has made the following regulations:-

(1) The title of these regulations is the Regularisation Citation,

of non-CE Marked Lifts Regulations, 2010.

(2) These regulations shall enter into force on the 1st

November 2010.

(3) These regulations shall apply to non-CE marked

lifts as defined in regulation 2.

(4) The provisions in these regulations shall be applied L.N. 370 of 2002.

in conformity with the Lifts Regulations, 2002, and the Inspection

of Lifts Regulations, 2007, and the obligations and responsibilities

arising thereof.

For the purposes of these regulations, the definitions

contained in the Product Safety Act shall apply and, in addition,

the following definitions shall also apply

“the Act” means the Product Safety Act;

“CE Marking” shall have the same meaning as defined

in regulation 3 of the Lifts Regulations, 2002;

“condominium” shall have the same meaning as defined

in the Condominium Act;

“installer” means any natural or legal person who first

made available for use a non-CE marked lift;

“lift” shall have the same meaning as defined in

regulation 3 of the Lifts Regulations, 2002;

“Market Surveillance Directorate” means the Market

Surveillance Directorate of the Malta Standards Authority as

established in the Establishment of Directorates of the Malta

Standards Authority Order, 2008;

“non-CE marked lift” shall mean any lift first made

available for use by the installer, whether in return for

payment or free of charge, as from 1st July 2002 until 31st

October 2010, which is, in any way, not in compliance with

the Lifts Regulations, 2002;

“Notified Body” shall have the same meaning as defined

in regulation 3 of the Lifts Regulations, 2002;

“Regulatory Affairs Directorate” means the Regulatory

Affairs Directorate of the Malta Standards Authority as

established in the Establishment of Directorates of the Malta

Standards Authority Order, 2008;

“responsible person” shall have the same meaning as

defined in regulation 3 of the Inspection of Lifts Regulations,

2007;

“workplace” shall have the same meaning as defined in

regulation 3 of the Inspection of Lifts Regulations, 2007.

(1) Subject to the provisions of these regulations, the

installer shall be responsible for complying with these regulations.

(2) Without prejudice to the preceding sub-regulation,

the responsible person shall ensure that the installer fulfils his

obligations under these regulations within the specified time limits.

(3) By the 31st January 2011, the responsible person

shall identify the installer and shall communicate with the installer

in writing about his obligations under these regulations.

(4) Where the responsible person becomes aware

by the 31st January 2011 that the installer has ceased to legally

exist or is prohibited from complying with these regulations, the

responsibility to comply with these regulations shall fall on the

responsible person. In such cases, any reference to the installer in

these regulations, with the exclusion of the provisions of regulation

4(1), shall be deemed to be a reference to the responsible person.

(5) Where the installer is untraceable by the

responsible person by the 31st December 2010, the responsible

person is bound to comply with these regulations. In such cases,

any reference to the installer in these regulations, with the

exclusion of the provisions of regulation 4(1), shall be deemed to

be a reference to the responsible person.

(6) In cases where sub-regulations 3(4) and 3(5) do

not apply and the installer fails to notify the non-CE marked lift

in accordance with regulations 4(1) and 4(2), the responsibility

for complying with these regulations shall fall on the responsible

person.

(1) The installer shall notify all non-CE marked lifts to

the Regulatory Affairs Directorate by 28th February 2011.

(2) The notification referred to in sub-regulation (1)

shall be performed by sending to the Regulatory Affairs Directorate

the designated duly-completed “Notification Form A” contained in

Schedule I to these regulations. The installer shall also send a copy

of this notification form to the responsible person.

(3) In cases where any of the provisions of regulations

3(4) to (6) of these regulations apply and in cases where the

provisions of regulations 3(4) to (6) of these regulations do not

apply but the responsible fails to receive the Notification Form

A from the installer, the responsible person shall notify the non-

CE marked lift as per sub-regulation 4 (2) above by the 30th April

2011. (4) Notifications of non-CE marked lifts may also be

voluntarily submitted by any other third party who is neither the

installer of the non-CE marked lift nor the responsible person of

the said lift. In such cases, the designated “Notification Form B”,

which is contained in Schedule II to these regulations, shall be

used. The Regulatory Affairs Directorate shall make such Form

available to any interested party.

(5) Notifications submitted through the procedure

in sub-regulation (4) shall not prejudice or substitute the obligations

on the installer to submit notifications as per sub-regulation (2).

(6) The installer shall not be allowed to notify non-

CE marked lifts installed by himself through the procedure in sub-

regulation (4).

(7) Completed notification forms A and B may be

submitted by any means possible, including electronically or

by post, to the addresses provided in the notification forms in

Schedules I and II to these regulations.

(1) The installer shall comply with sub-regulation

(2) hereunder within a period of not more than six months from

the date of notification indicated in the notification form as per

regulation 4 but not later than 31st October 2011, whichever is the

earlier.

(2) The installer shall take all the necessary measures

to ensure that the non-CE marked lift shall

(a) comply with the provisions of the Lifts Regulations,

2002. Where applicable, any reference to the installer in the

Lifts Regulations, 2002, shall mutatis mutandis be deemed

to refer to the responsible person in terms of regulation 3 of

these regulations.

(b) submit registration as a “new lift” in accordance

with the Inspection of Lifts Regulations, 2007. In addition

to the declaration of conformity, the registration form shall

be accompanied by the Notified Body certificate issued in

terms of the provisions of the Lifts Regulations, 2002. Where

applicable, any reference to the installer in the Inspection of

Lifts Regulations, 2007, shall mutatis mutandis be deemed

to refer to the responsible person in terms of regulation 3 of

these regulations.

(3) It shall be prohibited for the installer of the non-

CE marked lift to apply for certification in terms of the provisions

of the Lifts Regulations, 2002, simultaneously with more than one

Notified Body.

(4) Where, due to justified or unforeseen circumstances,

as duly determined by the Director of the Regulatory Affairs,

deviations from the provisions of sub-regulation (2) are inevitable,

these shall only be permitted upon consultation with and following

approval in writing from the Director of the Regulatory Affairs,

who shall notify forthwith the Market Surveillance Directorate of

such decisions.

(5) Non-CE marked lifts that duly fulfil the

requirements of these regulations within the specified time limits

of sub-regulation (1) shall be deemed to be compliant with the Lift

Regulations, 2002, and shall no longer be considered as non-CE

marked lifts in terms of the present regulations as from the date of

their registration according to sub-regulation (2)(b) above.

(1) In cases where the non-CE marked lift was Notifications by third

notified only through the procedure in regulation 4(5) by means parties.

of Notification Form B, the Regulatory Affairs Directorate shall

contact in writing the installer, if known, to inform him that notice

has been given to it in terms of regulation 4(5). If the installer is not

known or no longer exists, then the Regulatory Affairs Directorate

shall contact in writing the responsible person to inform him of his

obligations under these regulations.

(2) In cases where sub-regulation (1) applies, the

period of time for regularisation referred to in regulation 5(1) shall

start running from the date on which the notification in writing by

the Regulatory Affairs Directorate, as referred to in sub-regulation

(1), is received by the installer or responsible person. To this end,

any such communication sent by the Regulatory Affairs Directorate

shall be sent by registered mail or by any other method from

which the date of receipt by the addressee can be determined and

recorded.

(1) An administration fee of ten euro (€10) shall apply

to notification forms submitted in accordance with regulation 4(2)

by means of Notification Form A submitted after the time limit

specified in regulation 4(1).

(2) The following administration fees shall be

applicable to registration forms submitted in accordance with

regulation 5(2)(b)

(a) a ten euro (€10) administration fee is applicable

for registration forms submitted by the installer or by the

responsible person where sub-regulations 3(4) and (5) apply

within the time limit specified in regulation 5(1) unless the

non-CE marked lift was only notified via the procedure as

specified in regulation 4(5) by means of Notification Form

B, in which case a thirty euro (€30) administration fee is

applicable for registration;

(b) a forty euro (€40) administration fee shall apply to

registration forms submitted by the responsible person where

sub-regulation 3(6) applies;

(c) a ten euro (€10) administration fee shall apply

in addition to sub-regulations (2)(a) and (b) above for

registration forms submitted after the time limit specified in

regulation 5(1).

(3) Administration fees shall be paid upon submission

of the notification or registration form by any means of payment

accepted by the Regulatory Affairs Directorate.

(4) The installer or, where applicable, the responsible

person shall ensure that the forms submitted in accordance with

sub-regulations 4(2) and 5(2)(b) are received by the Regulatory

Affairs Directorate within the applicable time limits.

(1) For notification forms submitted in accordance with

regulation 4 and registration forms submitted in accordance with

regulation 5(2)(b), the following rules shall apply

(a) in case of illegible forms, improperly filled in forms

or where payment has not been effected in accordance with

regulations 7(1) or (2), if applicable, the forms shall not be

deemed to have been submitted within the deadlines specified

in regulation 4 or regulation 5, as applicable, and they shall

have to be re-submitted;

(b) incomplete forms shall only be accepted if lack of

data is due to justified or unforeseen circumstances, as duly

determined by the Regulatory Affairs Directorate, and if the

data submitted is still sufficient to clearly identify the non-CE

marked lift in question or to comply with the provisions of

regulation 5 of the Inspection of Lifts Regulations, 2007, as

applicable.

(2) Where the forms would not have been validly

submitted in terms of sub-regulation (1), they shall only be deemed

to be submitted upon their valid resubmission. Regulation 11 shall

be applicable in cases of failure to submit a valid Form within the

stipulated deadlines established by these regulations.

Within the meaning of the Inspection of Lifts Inspection of non-CE

Regulations, 2007, the date of “putting into service” of formerly marked lift.

non-CE marked lifts shall be taken to be the date on which the

Notified Body certificate issued in terms of the provisions of the

Lifts Regulations, 2002.

(1) The Regulatory Affairs Directorate shall

immediately inform the Market Surveillance Directorate of any

non-CE marked lift which fails to comply with any provision of

these regulations.

(2) Where it is ascertained that a non-CE marked lift

used in accordance with its intended purpose might endanger the

safety of persons and, where appropriate, of property, the Market

Surveillance Directorate shall take all appropriate measures to

prohibit the use of such non-CE marked lift.

(1) Any installer who

(a) fails to comply with any applicable provision of

these regulations; or,

(b) provides the Regulatory Affairs Directorate with

any misleading information; or,

(c) prohibits in any manner the Market Surveillance

Directorate from taking any appropriate measure to prohibit

the use of any non-CE marked lift,

shall be guilty of an offence under these regulations.

(2) Any responsible person who

(a) fails to comply with any applicable provision of

these regulations; or,

(b) provides the Regulatory Affairs Directorate with

any misleading information; or,

( c ) p r o h i b i t s i n a n y m a n n e r t h e M a r k e t

Surveillance Directorate from taking any appropriate measure

to prohibit the use of any non-CE marked lift,

shall be guilty of an offence under these regulations.

(3) Any person who

(a) provides the Regulatory Affairs Directorate with

any misleading information; or,

(b) prohibits in any manner the Market Surveillance

Directorate from taking any appropriate measure to prohibit

the use of any non-CE marked lift,

shall be guilty of an offence under these regulations.

Any person found guilty of an offence under regulation

11 shall, upon conviction, be liable to a fine (multa) of not less than

four hundred and sixty-five euro and eight seven cents (€465.87)

and not exceeding two thousand three hundred and twenty-nine

euro and thirty seven cents (€2,329.37).

The provisions of articles 30, 31, 33 and 34 of the Act

shall apply to the provisions of regulations 11 and 12 of these

regulations..

B

Schedule I – Notification Form A

(Regulation 4)

REGULATORY AFFAIRS DIRECTORATE

MALTA STANDARDS AUTHORITY

NOTIFICATION (FORM A) OF NON-CE MARKED LIFTS

CONFIDENTIAL

Complete in typeface or block letters.

AUTHORITY USE ONLY

Date received

Reference No

Please tick ( ! ) the appropriate boxes

in the sections below where applicable

This form is derived from the Regularisation of non-CE Marked Lifts

Regulations, 2010, L.N. 346 of 2010 and applies only to lifts first made

available for use between 1 st July 2002 and 31 st October 2010, which are not in

compliance with the Lifts Regulations, 2002, L.N. 370 of 2002.

Date of notification (DD/MM/YYYY)

Full address of lift location

Please indicate if the lift is installed in a

workplace

condominium

domestic residence

Date when lift was first made available for use

(If first made available in 2002, specify day and month.

For all other years, indication of year only is sufficient)

Installer

Address of the installer

Telephone/Mobile number of installer

7/7

B

Serial number of lift

Lift Manufacturer/Make of Lift

Name of person/entity filling out this notification

Address of person/entity filling out this notification

Telephone/Mobile number of person/entity filling out this notification

Email of person/entity filling out this notification

DECLARATION

I, the undersigned, the installer / responsible person (delete as appropriate) in terms

of regulation 2 of the Regularisation of non-CE Marked Lifts Regulations, 2010, L.N.

346 of 2010, hereby declare that all information submitted in this document is

accurate to the best of my knowledge and undertake to ensure that the lift is

regularised according to the same regulations as soon as possible but not later than 6

months of the date of this notification.

Signature

For further details, please refer to Legal Notice 346 of 2010 or contact the Malta

Standards Authority on 2395 2000.

This document shall not affect liability, obligations, responsibility and rights of any party

arising out of legislation currently in force.

Please post the completed form to

Head – Regulatory Affairs Directorate,

Malta Standards Authority, Second Floor, Evans Building,

Merchants Street,

Valletta, VLT 1179

Or via email to

helpdesk.msa@msa.org.mt

All personal information about the notifying entity in this form will be held by the

Malta Standards Authority in accordance with the Data Protection Act, 2001.

8/8

B

Schedule II – Notification Form B

(Regulation 4)

REGULATORY AFFAIRS DIRECTORATE

MALTA STANDARDS AUTHORITY

NOTIFICATION (FORM B) OF NON-CE MARKED LIFTS

CONFIDENTIAL

Complete in typeface or block letters.

AUTHORITY USE ONLY

Date received

Reference No

Please tick ( ! ) the appropriate boxes

in the sections below where applicable

For

This form is derived from the Regularisation of non-CE Marked Lifts

Office

Regulations, 2010, L.N. 346 of 2010 and applies only to lifts first made

Use

available for use between 1 st July 2002 and 31 st October 2010, which are not in

only

compliance with the Lifts Regulations, 2002, L.N. 370 of 2002.

Full address of lift location

Please indicate if the lift is installed in a

workplace

condominium

domestic residence

Indication of date when lift was first made available for use

(If first made available in 2002, specify day and month.

For all other years, indication of year only is sufficient)

Installer, if known

Manufacturer/Make of Lift, if known

Please post the completed form to

Head – Regulatory Affairs Directorate,

Malta Standards Authority, Second Floor, Evans Building,

Merchants Street,

Valletta, VLT 1179

Or via email to

helpdesk.msa@msa.org.mt

This document shall not affect liability, obligations, responsibility and rights of any party arising

out of legislation currently in force.

All personal information about the notifying entity in this form will be held by the

Malta Standards Authority in accordance with the Data Protection Act, 2001.

9/9

B

€0.56