GENERAL PRODUCT SAFETY (IMPLEMENTING) REGULATIONS

GENERAL PRODUCT SAFETY (IMPLEMENTING)

SUBSIDIARY LEGISLATION 427.106

GENERAL PRODUCT SAFETY (IMPLEMENTING)

REGULATIONS

4th April, 2025

LEGAL NOTICE 68 of 2025.

(1)

The title of these regulations is the General

Product Safety (Implementing) Regulations.

(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

"Act" means the Product Safety Act;

"national market surveillance authority" shall have the

same meaning as assigned to it in the Market Surveillance and

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

GENERAL PRODUCT SAFETY (IMPLEMENTING)

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.