ESTABLISHMENT OF DIRECTORATES OF THE MALTA STANDARDS AUTHORITY ORDER

SUBSIDIARY LEGISLATION 419.03

ESTABLISHMENT OF DIRECTORATES OF THE

MALTA STANDARDS AUTHORITY ORDER

1st February, 2008

LEGAL NOTICE 39 of 2008.

The title of this Order is the Establishment of Directorates

of the Malta Standards Authority Order.

Regulatory Affairs Directorate

1. Functions and Responsibilities of the Consumer and Industrial Goods Unit

under the Regulatory Affairs Directorate

(a) to draft legislation in relation to the areas indicated in paragraph (e)

hereof and issued by virtue of the Product Safety Act and by any other

law;

(b) to advise the Minister, the Authority and other Government agencies

and the private sector, concerning this legislation and other matters

ancillary thereto;

(c) to assist all sectors of industry to understand and meet the essential

requirements imposed by technical regulations, issued by virtue of the

Product Safety Act and by any other law, and the technical, quality and

safety requirements of harmonised European and international standards

issued by virtue of the Act;

(d) to co-ordinate and implement the Authority’s regulatory and

standardization programmes in the areas indicated in paragraph (e)

hereof and, in particular, to exercise the advisory functions assigned to

the Authority by virtue of the Product Safety Act and by any other law;

(e) to establish, with the consent of the Minister and of the Chairman of the

Authority, technical committees for the areas of competence hereunder

indicated, and to chair and co-ordinate the work of such committees

relating to

1. Motor vehicles

2. Electrical risk and electrical equipment

3. Electromagnetic compatibility

4. Radio equipment and telecommunications terminal equipment

5. Energy efficiency requirements

In this Order, the following definitions shall apply, unless

the context otherwise requires -

"Act" means the Malta Standards Authority Act;

"the Authority" means the Malta Standards Authority;

"Head of Directorate" means the person appointed to that post

according to the provisions of article 3(17) of the Act;

"the Minister" means the Minister responsible for the Malta

Standards Authority.

Functions and Responsibilities of the Standardisation Directorate

(a) to draft standards according the Authority’s programme of standardization

and issue them by virtue of the Act;

(b) to adopt international standards and issue them as national standards by

virtue of the Act according the Authority’s programme of standardization;

(c)

to advise the Authority to repeal conflicting national standards;

(d) to ensure that all interested parties are adequately represented in

standardization activities;

(e) to advise the Minister, the Authority and other Government agencies and the

private sector, concerning standardization issues and other matters ancillary thereto;

(f)

to assist all sectors of industry to understand the importance of standards,

issued by virtue of the Act;

(g) to co-ordinate and implement the Authority’s programme of standardization

and certification such as conformity marking, public enquiry and surveys on

standardization needs, sale of standards, and other matters ancillary thereto;

(h) to establish, with the consent of the Minister and of the Chairman of the

Authority, technical committees for the areas of competence as the Authority may

ESTABLISHMENT OF DIRECTORATES

OF THE MALTA STANDARDS AUTHORITY

identify, and to chair and coordinate the work of such committees;

(i)

to act as the focal point for any notification requirements involving the

Authority, for ensuring the free movement of goods principle;

(j)

to formulate and give effect to programmes of technical assistance aimed at

business operators for the purpose of facilitating their compliance with relevant

standards;

(k) to communicate to the general public and to interested parties any

information regarding the Authority’s programme of standardization;

(l)

to provide training and information on standardization matters and in other

matters ancillary thereto;

(m) to represent the Authority in relevant national and international activities

and express national vote on draft European and International standards;

(n) to carry out such other functions as the Authority may, from time to time,

direct.

There shall be established such Directorates within the

Authority in terms of article 3(14) of the Act, having such functions

and responsibilities as described in the schedule relative to each

one of such Directorates, as follows

(a) Regulatory Affairs Directorate (First Schedule);

(b) Standardisation Directorate (Second Schedule);

(c) Metrology Directorate (Third Schedule);

(d) Market Surveillance Directorate (Fourth Schedule).

Functions and Responsibilities of the Metrology Directorate

The functions and responsibilities of the Metrology Directorate are those assigned

t o i t u n d e r t h e M e t r o l o g y A c t a n d u n d e r t h e M a l t a St a n d a r d s A u t h o r i t y

(Establishment of the Metrology Directorate) Order.

(1) A Head of a Directorate shall be appointed according

to the provisions of article 3(17) of the Act.

(2) In exercising its functions under this Order, the Directorate

shall be functionally independent from the Authority as regards

substantive matters and, more specifically, as regards technical

matters within its area of competence. In particular, the Directorate

shall be independent of any other structure or official within the

Authority as regards the implementation of the functions listed in

the relative schedule to each Directorate.

(3) Without prejudice to subarticle (2), the Directorate shall

operate subject to the administrative and financial control of the

Authority as provided for in the Act and subject to the general

policy of the Authority.

Functions and Responsibilities of the Market Surveillance Directorate

The functions and responsibilities of the Market Surveillance Directorate shall be

those established under Part II, III and Part IV of the Product Safety Act.

(1) The Head of the Directorate may, with the agreement of

the Minister and of the Authority, establish technical committees in

order to provide scientific and technical advice as required by

article 16(b)(iii) of the Act in the areas of competence indicated in

each relative schedule to this Order.

(2) The members of the technical committees shall be

nominated by the Minister on the advice of the Head of the

Directorate.

(3) The Head of the Directorate shall chair and co-ordinate the

technical committees under his responsibility.

(4) The Head of the Directorate shall not have the right of vote

in the technical committees.

(5) The Head of the Directorate shall be responsible for

e n s u r i n g t h e c o m p e t e n c e , i m p a r t i a l i t y, t r a n s p a r e n c y a n d

independence of the technical committees under his responsibility.

(6) The Minister may, on the advice of the Head of the

Directorate, remove, replace or suspend any member of a technical

committee if this is considered necessary by the Minister to

maintain the requirements stated in subarticle (5).

ESTABLISHMENT OF DIRECTORATES

OF THE MALTA STANDARDS AUTHORITY

Mechanical devices

Personal protective equipment

Construction products

Recreational seacraft

Medical devices

Pressure vessels

12. Toys

Gas appliances

Noise from vehicles and machinery

Pyrotechnics;

(f)

to act as the focal point for any notification requirements involving the

Authority, for ensuring the free movement of goods principle;

(g) to formulate and give effect to programmes of technical assistance

aimed at business operators for the purpose of facilitating their

compliance with relevant technical regulations and standards;

(h) to communicate to the general public and to interested parties any

information regarding the Authority’s regulatory and standardization

programmes in the areas of competence indicated in paragraph (e)

hereof;

(i)

to provide training and information on technical regulations and

standards in the areas indicated in paragraph (e) hereof;

(j)

to represent the Authority in relevant national and international

activities;

(k) to perform risk assessment and to co-ordinate market surveillance

activities as prescribed in article 27 of the Product Safety Act;

(l)

to carry out such other functions as the Minister may, from time to time,

direct.

2. Functions and Responsibilities of the Foodstuffs, Chemicals, Pesticides and

Cosmetics Unit under the Regulatory Affairs Directorate

(a) to draft legislation in relation to the areas indicated in paragraph (e)

hereof and issued by virtue of the Product Safety Act, the Pesticides

Control Act and the Food Safety Act;

(b) to advise the Minister, the Authority and other Government agencies

and the private sector, concerning this legislation and other matters

ancillary thereto;

(c) to assist all sectors of industry to understand and meet the essential

requirements imposed by technical regulations, issued by virtue of the

Acts referred to in paragraph (a) above, and the technical, quality and

safety requirements of harmonised European and international standards

issued by virtue of the Act;

(d) to co-ordinate and implement the Authority’s regulatory and

standardization programmes in the areas indicated in paragraph (e)

hereof and, in particular, to exercise the advisory functions assigned to

the Authority by virtue of the Product Safety Act, the Food Safety Act

and by any other law;

(e) to establish, with the consent of the Minister and of the Chairman of the

Authority, technical committees for the areas of competence hereunder

indicated, and to chair and co-ordinate the work of such committees

relating to

1. Foodstuffs, including materials for their production

2. Water

3. Alcoholic beverages

4. Fertilisers and animal feedingstuffs

5. Chemical substances, products and preparations

6. Medicinal and pharmaceutical products

7. Cosmetic products

8. Textiles and footwear

9. Glass, wood, paper and metal and products made therefrom

10. Packaging materials

11. Pesticides;

(f)

to act as the focal point for any notification requirements involving the

Authority, for ensuring the free movement of goods principle;

(g) to formulate and give effect to programmes of technical assistance

aimed at business operators for the purpose of facilitating their

compliance with relevant technical regulations and standards;

(h) to communicate to the general public and to interested parties any

ESTABLISHMENT OF DIRECTORATES

OF THE MALTA STANDARDS AUTHORITY

information regarding the Authority’s regulatory and standardization

programmes in the areas of competence indicated in paragraph (e)

hereof;

(i)

to provide training and information on technical regulations and

standards in the areas indicated in paragraph (e) hereof;

(j)

to represent the Authority in relevant national and international

activities;

(k) to perform those functions of the Food Safety Commission prescribed

under article 7A of the Food Safety Act;

(l)

to perform duties arising from the Pesticides Control Act and its

subsidiary legislation, namely

1. Plant Protection Products Regulations

2. Maximum Residue Levels of Pesticides in Produce of Plant

Origin Regulations

3. Biocides Regulations

4. European Community Methods of Sampling for Official Control

of Pesticide Residues in and on Products of Plant and Animal

Origin Regulations (This legal instrument only lays down the

methodology to be used)

5. Maximum Residue Levels of Pesticides in Produce of Animal

Origin Regulations

6. Activities concerning the Professional Use of Toxic Products

Rules;

(m) to carry out such other functions as the Minister may, from time to time,

direct.