APPROVAL AND MARKET SURVEILLANCE OF MOTOR VEHICLES AND THEIR TRAILERS AND OF SYSTEMS, COMPONENTS AND SEPARATE

VEHICLES AND THEIR TRAILERS AND OF SYSTEMS,

COMPONENTS AND SEPARATE TECHNICAL UNITS

INTENDED FOR SUCH VEHICLES (IMPLEMENTING)

SUBSIDIARY LEGISLATION 427.109

APPROVAL AND MARKET SURVEILLANCE OF

MOTOR VEHICLES AND THEIR TRAILERS AND OF

SYSTEMS, COMPONENTS AND SEPARATE

TECHNICAL UNITS INTENDED FOR SUCH

VEHICLES (IMPLEMENTING) REGULATIONS

4th November, 2025

LEGAL NOTICE 260 of 2025.

(1)

The title of these regulations is the Approval and

Market Surveillance of Motor Vehicles and their Trailers and of

Systems, Components and Separate Technical Units intended for such

vehicles (Implementing) Regulations.

(2)

These regulations implement the requirements of

Regulation (EU) 2018/858 of the European Parliament and of the

Council of 30 May 2018 on the approval and market surveillance of

motor vehicles and their trailers, and of systems, components and

separate technical units intended for such vehicles, amending

Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing

Directive 2007/46/EC.

In these regulations, unless the context otherwise

requires

"Act" means the Product Safety Act;

"Board" means the Board of Governors established by

article 8 of the Malta Competition and Consumer Affairs

Authority Act;

"Committee" means the Type-Approval Committee

established in accordance with regulation 3;

"Director General (Technical Regulations)" means the

person so appointed by virtue of article 19(2) of the Malta

Competition and Consumer Affairs Authority Act;

"Malta Competition and Consumer Affairs Authority"

means the authority established by article 3 of the Malta

Competition and Consumer Affairs Authority Act;

"Regulation (EU) 2018/858" means Regulation (EU)

2018/858 of the European Parliament and of the Council of 30

May 2018 on the approval and market surveillance of motor

VEHICLES AND THEIR TRAILERS AND OF SYSTEMS,

COMPONENTS AND SEPARATE TECHNICAL UNITS

INTENDED FOR SUCH VEHICLES (IMPLEMENTING)

vehicles and their trailers, and of systems, components and

separate technical units intended for such vehicles, amending

Regulations (EC) No 715/2007 and (EC) No 595/2009 and

repealing Directive 2007/46/EC, as may be amended from time

to time, and all its delegated, implementing, supplementing,

amending, and complementing acts as well as any relevant act

affecting it, as may be amended from time to time;

"Technical Regulations Division" means the entity

established under Part VI of the Malta Competition and

Consumer Affairs Authority Act;

"UN Regulations" means the Regulations and any

modifications, including amendments, supplements, and

corrigenda, thereto adopted, from time to time, under the

Revised Agreement referred to in Council Decision 97/836/EC.

(1)

There shall be a Committee to be known as the

Type-Approval Committee.

(2)

In matters relating exclusively to the responsibilities of

the Committee in accordance with these regulations, the legal and

judicial representation of the Committee shall vest in the Chairman

heading the Committee.

(3)

The Committee shall be composed as follows

(a)

the Chairman of the Committee, who shall be the

member of the Board appointed in accordance with article

9(1)(b)(iii) of the Malta Competition and Consumer Affairs

Authority Act;

(b)

the Chairman of the Malta Competition and

Consumer Affairs Authority appointed in accordance with

article 9(1)(a) of the Malta Competition and Consumer Affairs

Authority Act; and

(c)

the Director General (Technical Regulations)

appointed in accordance with article 19(2) of the Malta

Competition and Consumer Affairs Authority Act.

(4)

Unless otherwise provided by these regulations or any

other law, the Committee may regulate its own procedure.

(1) For the purposes of Regulation (EU) 2018/858, the

Committee shall be the approval authority responsible for

(a)

EU type-approval of all types of vehicles,

systems, components or separate technical units;

VEHICLES AND THEIR TRAILERS AND OF SYSTEMS,

COMPONENTS AND SEPARATE TECHNICAL UNITS

INTENDED FOR SUCH VEHICLES (IMPLEMENTING)

(b)

national individual approval and national type-

approval of systems, components, or separate technical units of

all type of vehicles.

(c)

all aspects concerning

type-approval

in

accordance with UN Regulations;

(d)

the authorisations referred to in Article 55(1) of

Regulation (EU) 2018/858 regarding parts or equipment that

may pose a serious risk to the correct functioning of systems

that are essential for the safety of the vehicle or for its

environmental performance, systems, components and separate

technical units; and

(e)

EU individual vehicle approval in accordance

with Article 44 of Regulation (EU) 2018/858.

(2)

The Committee shall, in accordance with Article 6(2) of

Regulation (EU) 2018/858, be the sole approval authority that is

responsible for the exchange of information with the approval

authorities of other Member States for the purpose of Article 11 of

Regulation (EU) 2018/858 and for the fulfilment of obligations

established in Chapter XV of the said Regulation.

(3)

The Technical Regulations Division shall be the national

authority responsible for market surveillance in accordance with

Article 8 of Regulation (EU) 2018/858 and shall in accordance with

Article 6(3) of Regulation (EU) 2018/858, be the sole market

surveillance authority that is responsible for the exchange of

information with the market surveillance authorities of other Member

States for the purpose of Article 11 of Regulation (EU) 2018/858.

(1)

For the purpose of implementing and enforcing

the requirements of Regulations (EU) 2018/858, the powers vested in

the Director General (Technical Regulations) by virtue of the Act

shall, mutatis mutandis, apply to these regulations.

(2)

Without prejudice to sub-regulation (1), economic

operators shall make available to the Director General (Technical

Regulations) upon his request such documentation, information and

other technical specifications, including access to software and

algorithms, that he considers necessary for the purpose of

implementing and enforcing these regulations

Provided that the Director General (Technical

Regulations) may delegate in writing any of the powers vested in him

by virtue of this regulation to any person being a public officer or

otherwise and any person so authorised shall when required, produce

VEHICLES AND THEIR TRAILERS AND OF SYSTEMS,

COMPONENTS AND SEPARATE TECHNICAL UNITS

INTENDED FOR SUCH VEHICLES (IMPLEMENTING)

the written authorisation signed by the Director General (Technical

Regulations).

The Malta Competition and Consumer Affairs Authority

shall

(a)

periodically review and assess the functioning of

the type-approval activities carried out by the Committee. Such

reviews and assessments shall be carried out at least every four

(4) years, and the results thereof shall be communicated to the

Commission and the Forum for Exchange of Information on

Enforcement referred to in Article 11 of Regulation (EU) 2018/

858;

(b)

periodically review and assess the functioning of

the market surveillance activities carried out by the Technical

Regulations Division. Such reviews and assessments shall be

carried out at least every four (4) years, and the results thereof

shall be communicated to the Commission and the Forum for

Exchange of Information on Enforcement referred to in Article

11 of Regulation (EU) 2018/858;

(c)

make accessible to the public a summary of the

results of the periodic reviews and assessments referred to in

paragraphs (a) and (b); and

(d)

report to the Commission and the Forum for

Exchange of Information on Enforcement on how it addresses

any recommendations referred to in Article 11(5) of Regulation

(EU) 2018/858 issued by the Forum for Exchange of

Information on Enforcement.

For the purposes of these regulations

(a)

where any type of information or instructions are

to be provided in the official language or languages of Malta,

such information or instructions shall be provided in both the

Maltese and English language or at least in the English

language;

(b)

the owner’s manual or any information or

instructions made available by the manufacturer to users of a

vehicle, system, component, separate technical unit, part or

equipment placed on the market, registered or entered into

service in Malta shall be provided in both the Maltese and

English language or at least in the English language, and may

additionally be provided in other languages; and

VEHICLES AND THEIR TRAILERS AND OF SYSTEMS,

COMPONENTS AND SEPARATE TECHNICAL UNITS

INTENDED FOR SUCH VEHICLES (IMPLEMENTING)

(c)

a language which may be easily understood by a

national authority in accordance with Articles 14(4) and 17(4)

shall either be the Maltese or the English language.

Part IV of the Act shall apply, mutatis mutandis, to any

offence against the provisions of Regulation (EU) 2018/858 and of

these regulations.