Regulations, 2022

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,779, 4 ta’ Frar, 2022

L.N. 52 of 2022

METROLOGY ACT

(CAP. 454)

Non-Automatic Weighing Instruments (Amendment)

Regulations, 2022

IN EXERCISE of the powers conferred by article 19 of the

Metrology Act, the Minister for Tourism and Consumer Protection, on

the advice of the Malta Competition and Consumer Affairs Authority,

has made the following regulations:-

(1) The title of these regulations is the Non-Automatic Citation and

Weighing Instruments (Amendment) Regulations, 2022 and these commencement.

regulations shall be read and construed as one with the Non-Automatic S.L. 454.02.

Weighing Instruments Regulations, hereinafter referred to as "the

principal regulations".

(2) These regulations shall be deemed to have come into force

on the 20 th April 2016.

Regulation 3 of the principal regulations shall be amended Amends

regulation 3 of

as follows

the principal

regulations.

(a) immediately after the definition "CE marking" there

shall be added the following new definition

" "competent national authorities" means the

Standards and Metrology Institute within the Malta

Competition and Consumer Affairs Authority authorised to

enforce these regulations, and where the context requires,

competent national authorities of other Member States;";

(b) immediately after the definition "manufacturer" there

shall be added the following new definition

" "market surveillance authorities" means the

Standards and Metrology Institute within the Malta

Competition and Consumer Affairs Authority acting in the

capacity of market surveillance authority for the purpose of

these regulations, and where the context requires, market

surveillance authorities of other Member States;"; and

(c) immediately after the definition "non-automatic

weighing instrument" there shall be added the following new

definition

" "notifying authority" means the notifying authority

established in regulation 21(1);".

Regulation 7 of the principal regulations shall be amended

as follows

(a) in sub-regulation (8) thereof, the words "immediately

inform the competent national authorities of the Member States"

shall be substituted by the words "immediately inform the

Authority and the competent national authorities of the Member

States"; and

(b) in sub-regulation (9) thereof, the words "The

Authority at its request," shall be substituted by the words "They

shall cooperate with the Authority, at its request,".

In sub-regulation (7) of regulation 9 of the principal

regulations, the words "inform the Authority, giving details," shall be

substituted by the words "inform the Authority and the competent

national authorities of the Member States in which they made the

instrument available on the market to that effect, giving details,".

Regulation 10 of the principal regulations shall be amended

as follows

(a) in sub-regulation (4) thereof, the words "inform the

Authority to that effect," shall be substituted by the words

"inform the Authority and the competent national authorities of

the Member States in which they made the instrument available

on the market to that effect,"; and

(b) immediately after sub-regulation (4) thereof there

shall be added the following new sub-regulation

"(5) Distributors shall, further to a reasoned request

from the Authority, provide it with all the information and

documentation in paper or electronic form necessary to

demonstrate the conformity of an instrument. They shall

cooperate with the Authority, at its request, on any action

taken to eliminate the risks posed by instruments which

they have made available on the market.".

In regulation 11 of the principal regulations, the words "all,

on request, identify the following to the Authority:" shall be deleted.

In sub-regulation (1) of regulation 12 of the principal Amends

regulations, the words "economic operators sh" shall be substituted by regulation

the principal

"economic operators shall, on request, identify the following to the regulations.

market surveillance authorities:".

Regulation 21 of the principal regulations, shall be Amends

regulation 21 of

amended as follows

the principal

regulations.

(a) in sub-regulation (1) thereof, immediately after the

words "The Authority" there shall be added the words ", which

for the purpose of these regulations is the Notifying Authority,";

(b) sub-regulation (2) thereof shall be substituted by the

following new sub-regulation

"(2) The Authority may delegate or otherwise

entrust the assessment and monitoring referred to in sub-

regulation (1) to the National Accreditation Board

(Malta);"; and

(c) immediately after sub-regulation (2) thereof there

shall be added the following new sub-regulation

"(3) Where the Authority delegates or otherwise

entrusts the assessment, notification or monitoring

referred to in sub-regulation (1) to a body which is not a

governmental entity, such body shall

(a) be a legal entity;

(b) comply mutatis mutandis with the

requirements laid down in regulation 22;

(c) have arrangements to cover liabilities

arising out of its activities

Provided that in the event of a delegation to a

body referred to in this sub-regulation (3), the Authority

remains fully responsible for the tasks performed by such

body.".

Immediately after sub-regulation (2) of regulation 27 of the Amends

principal regulations there shall be added the following new sub- regulation

the principal

regulation

regulations.

"(3) Where the conformity assessment body concerned

cannot provide an accreditation certificate referred to in sub-

regulation (2), it shall provide the Authority with all the

documentary evidence necessary for the verification, recognition

and regular monitoring of its compliance with the requirements

laid down in regulation 24.".

Regulation 28 of the principal regulations shall be amended

as follows

(a) sub-regulations (4) and (5) thereof shall

be

renumbered as sub-regulations (5) and (6) respectively; and

(b) immediately after sub-regulation (3) thereof there

shall be added the following new sub-regulation

"(4) Where a notification is not based on an

accreditation certificate referred to in regulation 27(2), the

Authority shall provide the Commission and the other

Member States with documentary evidence which attests to

the conformity assessment body’s competence and the

arrangements in place to ensure that that body will be

monitored regularly and will continue to satisfy the

requirements laid down in regulation 24.".

Regulation 40 of the principal regulations shall be amended

as follows

(a) in sub-regulation (1) thereof, the words "covered by

Regulation 2009/23/EC which are in conformity with that

Regulation" shall be substituted by the words "covered by the

Non-Automatic Weighing Instruments Regulations, 2002 which

2002. are in conformity with those regulations"; and

(b) in sub-regulation (2) thereof, the words "under

Regulation 2009/23/EC" shall be substituted by the words "under

the Non-Automatic Weighing Instruments Regulations, 2002".

2002.

Immediately after regulation 40 of the principal regulations

there shall be added the following new regulation

The Non-Automatic Weighing Instruments

Regulations, 2002 are hereby repealed with effect from

2002. 20 th April, 2016.".

€0.18