Fluorinated Greenhouse Gases (Implementing) Regulations, 2025

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 21,418, 8 ta’ April, 2025

L.N. 69 of 2025

PRODUCT SAFETY ACT

(CAP. 427)

Fluorinated Greenhouse Gases (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 Fluorinated Citation and

scope.

Greenhouse Gases (Implementing) Regulations, 2025.

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

requirements of Regulation (EU) 2024/573 of the European Parliament

and of the Council of 7 February 2024 on fluorinated greenhouse

gases, amending Directive (EU) 2019/1937 and repealing Regulation

(EU) No 517/2014.

In these regulations, unless the context otherwise requires

Interpretation.

"Act" means the Product Safety Act;

"competent authority" means the Technical Regulations Cap. 510.

Division established by article 19 of the Malta Competition and

Consumer Affairs Authority Act and wherever it occurs in

Regulation (EU) 2024/573, it shall be construed accordingly;

"Department of Customs" means the customs authority

responsible for border control in Malta as duly authorised by

virtue of the Customs Ordinance for the purpose of these Cap. 37.

regulations;

"Directive (EU) 2015/1535" means Directive (EU) 2015/

1535 of the European Parliament and of the Council of 9

September 2015 laying down a procedure for the provision of

information in the field of technical regulations and of rules on

Information Society services (codification);

"Director General" means the Director General (Technical Cap. 510.

Regulations) appointed by article 19(2) of the Malta Competition

and Consumer Affairs Authority Act;

"F-gas certification card" means a card issued by the

competent authority to undertakings, in pursuant to adequate

certification and training to carry out activities involving

fluorinated greenhouses gases in terms of article 10 of

Regulation EU 2024/573;

"Regulation (EU) 2024/573" means Regulation (EU) 2024/

573 of the European Parliament and of the Council of 7 February

2024 on fluorinated greenhouse gases, amending Directive (EU)

2019/1937 and repealing Regulation (EU) No 517/2014.

Unless otherwise provided in these regulations, the

Technical Regulations Division shall be designated as the competent

authority responsible for the implementation and enforcement of

Regulation (EU) 2024/573 and these regulations.

The Department of Customs shall be designated as the

customs authority for the purposes of Article 23 of Regulation (EU)

2024/573.

(1) Upon completion of appropriate training and

certification obtained pursuant to Article 10 of Regulation (EU) 2024/

573, undertakings as defined in article 3 of the said Regulation shall

submit an application with the competent authority for an F-gas

certification card, which shall be issued by the competent authority

upon being satisfied that the undertaking has duly obtained the

appropriate training and certification.

(2) The introduction of the F-gas card mentioned in sub-

regulation (1) has been notified to the Commission in terms of article 4

and article 5(5) of Directive (EU) 2015/1535 of the European Parliament

and of the Council of 9 September 2015 laying down a procedure for the

provision of information in the field of technical regulations and of rules

on Information Society services.

For the purposes of Article 12(4) of Regulation (EU) 2024/

573 the label shall be written in either the Maltese and, or the English

language.

For the enforcement of the requirements of Regulation

(EU) 2024/573 and these regulations the Director General shall have

the same functions and powers prescribed under the Act.

Part IV of the Act shall apply to any offence under

Regulation (EU) 2024/573 and these regulations.

(1) The Fluorinated Greenhouse Gases (Implementing)

Regulations, are hereby repealed.

(2)

Saving the provisions of sub-regulation (1), any act, decision

or action taken before the coming into force of these regulations shall

continue to be regulated by the provisions of the regulations referred to

in sub-regulation (1), as in force prior to the coming into force of these

regulations.

€0.18