Market Surveillance and Compliance of Products Regulations, 2023

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 21,089, 21 ta’ Lulju, 2023 B 1539

L.N. 185 of 2023

PRODUCT SAFETY ACT

(CAP. 427)

Market Surveillance and Compliance of Products Regulations, 2023

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

the Product Safety Act, the Minister responsible for consumer affairs,

on the advice of the Director General (Technical Regulations), has

made the following regulations:-

(1) The title of these regulations is the Market Surveillance Citation and

scope.

and Compliance of Products Regulations, 2023.

(2) The scope of these regulations is to implement the

requisites of Regulation (EU) 2019/1020 of the European Parliament

and of the Council of 20 June 2019 on market surveillance and

compliance of products and amending Directive 2004/42/EC and

Regulations (EC) No 765/2008 and (EU) No 305/2011.

In these regulations, unless the context otherwise requires

Interpretation.

"national market surveillance authority" means the

authority responsible for the implementation and enforcement of

the Union harmonisation legislation listed in Annex I of

Regulation (EU) 2019/1020 and may include an authority which

by virtue of any other law is required to adopt or abide by the

provisions of Regulation (EU) 2019/1020;

"Regulation (EU) 2019/1020" means Regulation (EU) 2019/

1020 of the European Parliament and of the Council of 20 June

2019 on market surveillance and compliance of products and

amending Directive 2004/42/EC and Regulations (EC) No 765/

2008 and (EU) No 305/2011; and

"Technical Regulations Division" means the entity

established under Part VI of the Malta Competition and Consumer Cap. 510.

Affairs Authority Act.

For the purpose of Article 10 of Regulation (EU) 2019/ Single liaison

1020, the Technical Regulations Division shall be designated as the office.

single liaison office

Provided that for the purpose of carrying out the functions

of the single liaison office in accordance with Regulation (EU) 2019/

1020, the Technical Regulations Division may establish technical

committees in accordance with article 20(1)(e) of the Malta

Competition and Consumer Affairs Authority Act.

Without prejudice to any other law providing for the

powers of the national market surveillance authorities, for the purpose

of carrying out market surveillance, investigation and enforcement in

accordance with Regulation (EU) 2019/1020, national market

surveillance authorities shall have, whether directly or by recourse to

other public authorities or upon application to the Maltese Courts all

the powers provided for in Article 14 of Regulation (EU) 2019/1020.

Without prejudice to any specific provisions on penalties or

punishments, however so described, in any other law implementing or

transposing the Union harmonisation legislation listed in Annex I of

Regulation (EU) 2019/1020, articles 32(2), (3) and (4) of the Product

Safety Act shall be applicable to any infringement under Regulation

(EU) 2019/1020

Provided that proceedings in relation to any infringement

under Regulation (EU) 2019/1020 may be instituted at the instance of

any national market surveillance authority.

€0.09