Mutual Recognition (Implementing) Regulations, 2020

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,498, 13 ta’ Ottubru, 2020

L.N. 391 of 2020

PRODUCT SAFETY ACT

(CAP. 427)

Mutual Recognition (Implementing) Regulations, 2020

IN EXERCISE of the powers conferred by articles 38 and 39 of

the Product Safety Act, the Minister for Tourism and Consumer

Protection, on the advice of the Director General (Technical

Regulations), has made the following regulations:-

The title of these regulations is Mutual Recognition Citation.

(Implementing) Regulations, 2020.

These regulations implement the provisions of Regulation Scope.

(EU) No. 2019/515 of the European Parliament and of the Council of

19 March 2019 on the mutual recognition of goods lawfully marketed

in another Member State and repealing Regulation (EC) No. 764/2008.

In these regulations, unless the context otherwise requires

Interpretation.

"Director General" means the Director General (Technical

Regulations) appointed by article 19 of the Malta Competition Cap. 510.

and Consumer Affairs Authority Act;

"Regulation (EU) No. 2019/515" means Regulation (EU)

No. 2019/515 of the European Parliament and of the Council of

19 March 2019 on the mutual recognition of goods lawfully

marketed in another Member State and repealing Regulation

(EC) No. 764/2008.

(a) The Technical Regulations Division established by Designation of

article 19 of the Malta Competition and Consumer Affairs Authority the

Contact Point.

Act shall be the Product Contact Point for the purpose of Article 9 of Cap. 510.

Regulation (EU) No. 2019/515.

(b) To enable the Product Contact Point to submit online Information

information in accordance with the provisions of Article 9(2) of requirements

competent

Regulation (EU) No. 2019/515, the competent authorities shall authorities.

provide their contact details, and information about their

remedies and procedures to the Product Contact Point, in such

form and manner and within such time-frames that the Director

General shall require, provided that the competent authorities

shall maintain this information up to date at all times.

(c)

To enable the Product Contact Point to provide

information in accordance with the provisions of Article 9(3) of

Regulation (EU) No. 2019/515, the competent authorities shall

respond to the request for information put forward by the

Product Contact Point, in such form and manner and within such

time-frames that the Director General shall prescribe.

For the purpose of Article 5(12) and 9(2) of Regulation

(EU) No. 2019/515, the national remedies shall be established by the

relevant national competent authorities.

For the purpose of Article 4(1) of Regulation (EU) No.

2019/515, the mutual recognition declaration shall be drawn up in, or

translated by the economic operator, in the English or Maltese

language.

€0.09