Units intended for such vehicles (Implementing) Regulations, 2025

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 21,532, 4 ta’ Novembru, 2025

L.N. 260 of 2025

PRODUCT SAFETY ACT

(CAP. 427)

Approval and Market Surveillance of Motor Vehicles and their

Trailers and of Systems, Components and Separate Technical

Units intended for such vehicles (Implementing) Regulations, 2025

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 Approval and Citation and

Market Surveillance of Motor Vehicles and their Trailers and of scope.

Systems, Components and Separate Technical Units intended for such

vehicles (Implementing) Regulations, 2025.

(2) These regulations implement the requirements of

Regulation (EU) 2018/858 of the European Parliament and of the

Council of 30 May 2018 on the approval and market surveillance of

motor vehicles and their trailers, and of systems, components and

separate technical units intended for such vehicles, amending

Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing

Directive 2007/46/EC.

In these regulations, unless the context otherwise requires

Interpretation.

"Act" means the Product Safety Act;

"Board" means the Board of Governors established by

article 8 of the Malta Competition and Consumer Affairs Cap. 510.

Authority Act;

"Committee" means the Type-Approval

Committee

established in accordance with regulation 3;

"Director General (Technical Regulations)" means the

person so appointed by virtue of article 19(2) of the Malta Cap. 510.

Competition and Consumer Affairs Authority Act;

"Malta Competition and Consumer Affairs Authority"

means the authority established by article 3 of the Malta Cap. 510.

Competition and Consumer Affairs Authority Act;

"Regulation (EU) 2018/858" means Regulation (EU) 2018/

858 of the European Parliament and of the Council of 30 May

2018 on the approval and market surveillance of motor vehicles

and their trailers, and of systems, components and separate

technical units intended for such vehicles, amending Regulations

(EC) No 715/2007 and (EC) No 595/2009 and repealing

Directive 2007/46/EC, as may be amended from time to time,

and all its delegated, implementing, supplementing, amending,

and complementing acts as well as any relevant act affecting it,

as may be amended from time to time;

"Technical Regulations Division" means the entity

established under Part VI of the Malta Competition and

Consumer Affairs Authority Act;

"UN Regulations" means the Regulations and any

modifications, including amendments, supplements, and

corrigenda, thereto adopted, from time to time, under the Revised

Agreement referred to in Council Decision 97/836/EC.

(1) There shall be a Committee to be known as the Type-

Approval Committee.

(2) In matters relating exclusively to the responsibilities of the

Committee in accordance with these regulations, the legal and judicial

representation of the Committee shall vest in the Chairman heading the

Committee.

(3)

The Committee shall be composed as follows

(a) the Chairman of the Committee, who shall be the

member of the Board appointed in accordance with article

9(1)(b)(iii) of the Malta Competition and Consumer Affairs

Authority Act;

(b) the Chairman of the Malta Competition and

Consumer Affairs Authority appointed in accordance with article

9(1)(a) of the Malta Competition and Consumer Affairs

Authority Act; and

(c) the Director General (Technical Regulations)

appointed in accordance with article 19(2) of the Malta

Competition and Consumer Affairs Authority Act.

(4) Unless otherwise provided by these regulations or any

other law, the Committee may regulate its own procedure.

(1) For the purposes of Regulation (EU) 2018/858, the

Committee shall be the approval authority responsible for

(a) EU type-approval of all types of vehicles, systems,

components or separate technical units;

(b) national individual approval and national type-

approval of systems, components, or separate technical units of

all type of vehicles.

(c) all aspects concerning type-approval in accordance

with UN Regulations;

(d) the authorisations referred to in Article 55(1) of

Regulation (EU) 2018/858 regarding parts or equipment that

may pose a serious risk to the correct functioning of systems that

are essential for the safety of the vehicle or for its environmental

performance, systems, components and separate technical units;

and

(e) EU individual vehicle approval in accordance with

Article 44 of Regulation (EU) 2018/858.

(2) The Committee shall, in accordance with Article 6(2) of

Regulation (EU) 2018/858, be the sole approval authority that is

responsible for the exchange of information with the approval

authorities of other Member States for the purpose of Article 11 of

Regulation (EU) 2018/858 and for the fulfilment of obligations

established in Chapter XV of the said Regulation.

(3) The Technical Regulations Division shall be the national

authority responsible for market surveillance in accordance with

Article 8 of Regulation (EU) 2018/858 and shall in accordance with

Article 6(3) of Regulation (EU) 2018/858, be the sole market

surveillance authority that is responsible for the exchange of

information with the market surveillance authorities of other Member

States for the purpose of Article 11 of Regulation (EU) 2018/858.

(1) For the purpose of implementing and enforcing the Powers of

requirements of Regulations (EU) 2018/858, the powers vested in the inspection

enforcement.

Director General (Technical Regulations) by virtue of the Act shall,

mutatis mutandis, apply to these regulations.

(2) Without prejudice to sub-regulation (1), economic

operators shall make available to the Director General (Technical

Regulations) upon his request such documentation, information and

other technical specifications, including access to software and

algorithms, that he considers necessary for the purpose of

implementing and enforcing these regulations

Provided that the Director General (Technical Regulations)

may delegate in writing any of the powers vested in him by virtue of

this regulation to any person being a public officer or otherwise and

any person so authorised shall when required, produce the written

authorisation signed by the Director General (Technical Regulations).

The Malta Competition and Consumer Affairs Authority

shall

(a) periodically review and assess the functioning of the

type-approval activities carried out by the Committee. Such

reviews and assessments shall be carried out at least every four

(4) years, and the results thereof shall be communicated to the

Commission and the Forum for Exchange of Information on

Enforcement referred to in Article 11 of Regulation (EU) 2018/

858;

(b) periodically review and assess the functioning of the

market surveillance activities carried out by the Technical

Regulations Division. Such reviews and assessments shall be

carried out at least every four (4) years, and the results thereof

shall be communicated to the Commission and the Forum for

Exchange of Information on Enforcement referred to in Article

11 of Regulation (EU) 2018/858;

(c) make accessible to the public a summary of the

results of the periodic reviews and assessments referred to in

paragraphs (a) and (b); and

(d) report to the Commission and the Forum for

Exchange of Information on Enforcement on how it addresses

any recommendations referred to in Article 11(5) of Regulation

(EU) 2018/858 issued by the Forum for Exchange of Information

on Enforcement.

For the purposes of these regulations

(a) where any type of information or instructions are to

be provided in the official language or languages of Malta, such

information or instructions shall be provided in both the Maltese

and English language or at least in the English language;

(b) the owner’s manual or any information or instructions

made available by the manufacturer to users of a vehicle, system,

component, separate technical unit, part or equipment placed on

the market, registered or entered into service in Malta shall be

provided in both the Maltese and English language or at least in

the English language, and may additionally be provided in other

languages; and

(c) a language which may be easily understood by a

national authority in accordance with Articles 14(4) and 17(4)

shall either be the Maltese or the English language.

Part IV of the Act shall apply, mutatis mutandis, to any Proceedings.

offence against the provisions of Regulation (EU) 2018/858 and of

these regulations.

Without prejudice to the transitional provisions stipulated Repeal and

in Article 89 of Regulation (EU) 2018/858, the EC Type-Approval of saving.

Motor Vehicles and their Trailers Regulations are hereby repealed

without prejudice to anything done or omitted to be done thereunder

and any approval issued in accordance with the said regulations shall

remain valid until its expiry, withdrawal or revocation.

€0.27