MARKET SURVEILLANCE AND COMPLIANCE OF PRODUCTS REGULATIONS

MARKET SURVEILLANCE AND COMPLIANCE OF

PRODUCTS

SUBSIDIARY LEGISLATION 427.105

MARKET SURVEILLANCE AND COMPLIANCE OF

PRODUCTS REGULATIONS

21st July, 2023

LEGAL NOTICE 185 of 2023.

(1)

The title of these regulations is the Market

Surveillance and Compliance of Products Regulations.

(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

"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 Affairs Authority Act.

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

1020, the Technical Regulations Division shall be designated as the

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

MARKET SURVEILLANCE AND COMPLIANCE OF

PRODUCTS

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.