General Product Safety (Implementing) Regulations, 2025

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 21,417, 4 ta’ April, 2025 B 597

L.N. 68 of 2025

PRODUCT SAFETY ACT

(CAP. 427)

General Product Safety (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 General Product Citation and

scope

Safety (Implementing) Regulations, 2025.

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

requirements of Regulation (EU) 2023/988 of the European Parliament

and of the Council of 10 May 2023 on general product safety,

amending Regulation (EU) No 1025/2012 of the European Parliament

and of the Council and Directive (EU) 2020/1828 of the European

Parliament and the Council, and repealing Directive 2001/95/EC of the

European Parliament and of the Council and Council Directive 87/357/

EEC.

In these regulations, unless the context otherwise requires

Interpretation.

"Act" means the Product Safety Act;

"national market surveillance authority" shall have the

same meaning as assigned to it in the Market Surveillance and S.L. 427.105.

Compliance of Products Regulations;

"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;

"Regulation (EU) 2023/988" means Regulation (EU) 2023/

988 of the European Parliament and of the Council of 10 May

2023 on general product safety, amending Regulation (EU) No

1025/2012 of the European Parliament and of the Council and

Directive (EU) 2020/1828 of the European Parliament and the

Council, and repealing Directive 2001/95/EC of the European

Parliament and of the Council and Council Directive 87/357/

EEC;

"Technical Regulations Division" shall have the same

meaning as assigned to it in the Market Surveillance and

Compliance of Products Regulations.

For the purposes of articles 9(7), 11(4), 19, 21, 22(9) and

36(2) of Regulation (EU) 2023/988, the instructions and safety

information of the product including the labelling thereof shall be

written in either the Maltese or the English language.

(1) For the purpose of carrying out market surveillance,

investigation, and enforcement in accordance with Regulation (EU)

2023/988, the 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

22(4) of Regulation (EU) 2023/988 and these regulations.

(2) The powers provided for in sub-regulation (1) shall be

without prejudice to the powers of national market surveillance

authorities under any other law or Union harmonisation legislation.

The Technical Regulations Division shall be designated as

the single national point of contact for the purpose of carrying out the

activities mentioned in article 25(2) of Regulation (EU) 2023/988

Provided that for the purpose of carrying out the activities

in accordance with Regulation (EU) 2023/988, the Technical

Regulations Division may establish technical committees in

accordance with article 20(1)(e) of the Malta Competition and

Consumer Affairs Authority Act.

Part IV of the Act shall apply to any offence under

Regulation (EU) 2023/988 and these regulations.

Item 8 of the Schedule to the Representative Actions

(Consumers) Act shall be substituted by the following new item

"(8) Regulation (EU) 2023/988 of the European

Parliament and of the Council of 10 May 2023 on general

product safety, amending Regulation (EU) No 1025/2012 of the

European Parliament and of the Council and Directive (EU)

2020/1828 of the European Parliament and the Council, and

repealing Directive 2001/95/EC of the European Parliament and

of the Council and Council Directive 87/357/EEC (OJ L 135,

23. 5.2023, p. 1): Article 39.". €0.09