CERTIFICATES OF SPECIFIC CHARACTER REGULATIONS

SUBSIDIARY LEGISLATION 427.53

CERTIFICATES OF SPECIFIC CHARACTER

REGULATIONS

1st May, 2004

LEGAL NOTICE 183 of 2004.

The title of these regulations is the Certificates of Specific

Character Regulations.

These regulations shall come into force on the 1st May

2004.

In these regulations, unless the context otherwise requires,

the following definitions shall apply

"the Authority" shall mean the Malta Standards Authority;

"EEC Regulation 2082/92" shall mean Council Regulation (EEC)

No 2082/92 on certificates of specific character for agricultural

products and foodstuffs * ;

"label" shall have the meaning assigned to it by the Labelling,

Presentation and Advertising of Foodstuffs Regulations;

"specific character" shall have the meaning assigned to it in

Article 2(1) of EEC Regulation 2082/92.

1. The Malta Standards Authority is hereby designated as the

competent authority for the purposes of EEC Regulation 2082/92.

4.2. The Head of the Directorate responsible for foodstuffs

w i t h i n t h e A u t h o r i t y s h a l l a p p o i n t a St a n d i n g C o m m i t t e e ,

composed of representatives of public and private organizations

with an interest in certificates of specific character, to assist and

advise the Authority on all matters related to the implementation of

EEC Regulation 2082/92.

4.3. The Standing Committee referred to in regulation 4.2 shall

be appointed for a period of three years.

4.4. The names of the members of the Standing Committee, as

well as of the organizations represented, shall be published by the

Authority in the Gazette.

4.5. The Standing Committee referred to in regulation 4.2 shall

regulate its own procedures.

1. Following receipt of an application for registration in

accordance with EEC Regulation 2082/92, the Authority shall

check that the application is justified and shall forward the

application to the European Commission in accordance with Article

7(3) of EEC Regulation 2082/92.

5.2. Prior to forwarding the application to the European

*OJ L 208, 24.7.1992, p.9.

Commission, the Malta Standards Authority shall publish in the

Gazette a summary of each application forwarded to the European

Commission in accordance with Article 7(3) of EEC Regulation

2082/92. The summary shall include

(a) the name and address of the applicant;

(b) the name of the product for which recognition is

sought;

(c) the main points of the application.

5.3. A period of two months from the date of publication in the

Gazette shall be allowed for comments or objections prior to

transmission of the application to the European Commission.

5.4. Any natural or legal person residing in Malta who can

demonstrate a legitimate economic interest may submit a formal

objection, in writing, to the Malta Standards Authority in respect of

any application during the two m onth period referred to in

regulation 5.3.

5.5. In the event of a formal objection pursuant to regulation

5.4, the Authority may, after having consulted the Standing

Committee

(a) accept the original application and reject the objection,

(b) uphold the objection and reject thþ application in its

totality,

(c) request specific amendments to the specification or to

the supporting documentation originally provided.

5.6. In the event of a revised application being submitted

pursuant to regulation 5.5(c), the two month period referred to in

regulation 5.3 shall be extended by a further one month following

submission of the revised application. Receipt of the revised

application shall be notified by the Authority in the Gazette.

5.7. Objections to revised applications shall only be considered

if they refer to points or supporting documents not contained in the

original application.

1. The Authority shall, by not later than the 1st November

2004, establish an inspection structure in order to ensure that

agricultural products and foodstuffs carrying a certificate of

specific character meet the criteria laid down in the specifications.

6.2. All products produced in Malta, falling within the scope of

EEC Regulation 2082/92 and carrying a certificate of specific

character in terms of that Regulation, shall be subject to inspection

by the Authority.

6.3. Officials duly authorized by the Authority shall be

permitted free and unhindered access to all production sites,

including private dwellings where such production may be carried

out, for the purpose of inspection.

6.4. The Minister may, in accordance with the provisions of the

Malta Standards Authority Act, prescribe the fees or charges that

may be charged in respect of

(a) inspection of agricultural products and foodstuffs

carrying a certificate of specific character,

(b) registration of producers pursuant to regulation 6.5.

6.5. A register shall be kept by the Authority for each product

produced in Malta, granted a certificate of specific character in

accordance with EEC Regulation 2082/92 and subject to inspection

by the Authority. Registration shall be compulsory for all producers

of such products.

6.6. The register referred to in regulation 6.5 shall be open to

all producers complying with the requirements laid down in the

specification.

6.7. All persons listed in the register referred to in regulation

6.5 shall be subject to periodic and random inspection at intervals

which shall be determined by the Authority, taking into account the

nature of the product, its seasonality, the likelihood of deviation

from the product specification, the potential risk to human health

which may be posed by poor agricultural and hygienic practices,

the reputation of the product and the number and distribution of

producers.

6.8. The register shall contain the following details, for each

producer

(a) the name of the individual producer,

(b) a unique identification number, to be determined by

the Authority,

(c) the address or location of the production or cultivation

site or sites, referring to such identification systems as

may be determined by the Authority,

(d) information relevant to the product, as may be

determined by the Authority.

6.9. The name of the Malta Standards Authority, or a symbol

which may be determined by the Authority, shall appear on the

label of agricultural products or foodstuffs granted a certificate of

specific character in terms of EEC Regulation 2082/92 and subject

to inspection by the Authority, together with

(a) the identification number of the producer, referred to

in regulation 6.6(b),

(b) the specific name of the product, as registered in

accordance with EEC Regulation 2082/92,

(c) one of the following designations, immediately

following the specific name of the product

(i) 'Spe`jalita Tradizzjonali Garantita'

(ii) 'STG';

(d) optionally, one of the following designations in

English

(i) 'Traditional Speciality Guaranteed'

(ii) 'TSG';

(e) optionally, the Community symbol established by

Commission Regulation (EEC) No. 1848/93 * .

6.10. The Authority shall remove from the register any person

who repeatedly refuses to cooperate with the Authority during the

inspection process, or who is not producing the product in question

in accordance with the specification.

1. No person may use

(a) any of the terms mentioned in regulation 6.9(c),

(b) the symbol determined by the Authority in accordance

with regulation 6.9;

(c) the Community symbol established by Commission

Regulation (EEC) No. 1848/93;

(d) any other term or symbol intended to give the

impression that the product has been granted

recognition in terms of EEC Regulation 2082/92,

in the labelling, presentation or advertising of any agricultural

product or foodstuff which has not been granted recognition in

accordance with EEC Regulation 2082/92.

*OJ L 168, 10.07.1993, p.35.