REGULARISATION OF NON-CE MARKED LIFTS REGULATIONS

SUBSIDIARY LEGISLATION 427.72

REGULARISATION OF NON-CE MARKED

LIFTS REGULATIONS

1st November, 2010

LEGAL NOTICE 346 of 2010.

(1) The title of these regulations is the Regularisation of

non-CE Marked Lifts Regulations.

(2) These regulations shall apply to non-CE marked lifts as

defined in regulation 2.

(3) The provisions in these regulations shall be applied in

conformity with the Lifts Regulations, and the Inspection of Lifts

Regulations, and the obligations and responsibilities arising

therefrom.

For the purposes of these regulations, the definitions

contained in the Product Safety Act shall apply and, in addition, the

following definitions shall also apply

"the Act" means the Product Safety Act;

"CE Markin g" sh all have the same meaning as defined in

regulation 3 of the Lifts Regulations;

"condominium" shall have the same meaning as defined in the

Condominium Act;

"installer" means any natural or legal person who first made

available for use a non-CE marked lift;

"lift" shall have the same meaning as defined in regulation 3 of

the Lifts Regulations;

"Market Surveillance Directorate" means the Market

Surveillance Directorate of the Malta Standards Authority as

established in the Establishment of Directorates of the Malta

Standards Authority Order;

"non-CE marked lift" shall mean any lift first made available for

use by the installer, whether in return for payment or free of charge,

as from 1st July 2002 until 31st October 2010, which is, in any

way, not in compliance with the Lifts Regulations;

"notified body" shall have the same meaning as defined in

regulation 3 of the Lifts Regulations;

"Regulatory Affairs Directorate" means the Regulatory Affairs

Directorate of the Malta Standards Authority as established in the

Establishment of Directorates of the Malta Standards Authority

Order;

"responsible person" shall have the same meaning as defined in

regulation 3 of the Inspection of Lifts Regulations;

" w o r k p l a ce " s h a l l h a v e t h e s a m e m e a n i n g a s d e f i n e d i n

regulation 3 of the Inspection of Lifts Regulations.

(1) Subject to the provisions of these regulations, the

installer shall be responsible for complying with these regulations.

(2) Without prejudice to the preceding sub-regulation, the

resp onsible per son shall ensure that the installer fu lfils his

obligations under these regulations within the specified time limits.

(3) By the 31st January 2011, the responsible person shall

identify the installer and shall communicate with the installer in

writing about his obligations under these regulations.

(4) Where the responsible person becomes aware by the 31st

January 2011 that the installer has ceased to legally exist or is

prohibited from complying with these regulations, the

responsibility to comply with these regulations shall fall on the

responsible person. In such cases, any reference to the installer in

these regulations, with the exclusion of the provisions of regulation

4(1), shall be deemed to be a reference to the responsible person.

(5) Where the installer is untraceable by the responsible person

by the 31st December 2010, the responsible person is bound to

comply with these regulations. In such cases, any reference to the

installer in these regulations, with the exclusion of the provisions

of regulation 4(1) , shall be deem ed to be a reference to the

responsible person.

(6) In cases where sub-regulations (4) and (5) do not apply and

the installer fails to notify the non-CE marked lift in accordance

with regulations 4(1) and 4(2), the responsibility for complying

with these regulations shall fall on the responsible person.

(1) The installer shall notify all non-CE marked lifts to the

Regulatory Affairs Directorate by 28th February 2011.

(2) The notification referred to in sub-regulation (1) shall be

performed by sending to the Regulatory Affairs Directorate the

designated duly-completed "Notification Form A" contained in

Schedule I. The installer shall also send a copy of this notification

form to the responsible person.

(3) In cases where any of the provisions of regulations 3(4) to

(6) apply and in cases where the provisions of regulations 3(4) to

(6) do not apply but the responsible fails to receive the Notification

Form A from the installer, the responsible person shall notify the

non-CE marked lift as per sub-regulation (2) by the 30th April

2011. (4) Notifications of non-CE marked lifts may also be

voluntarily submitted by any other third party who is neither the

installer of the non-CE marked lift nor the responsible person of the

said lift. In such cases, the designated "Notification Form B",

which is contained in Schedule II, shall be used. The Regulatory

Aff air s Dir ect o ra te s h all m ake su ch F o r m av aila bl e to a ny

interested party.

(5) Notifications submitted through the procedure in sub-

regulation (4) shall not prejudice or substitute the obligations on

the installer to submit notifications as per sub-regulation (2).

(6)

The installer shall not be allowed to notify non-CE marked

lifts installed by himself through the procedure in sub-regulation

(4).

(7) Completed notification Forms A and B may be submitted

by any means possible, including electronically or by post, to the

addresses provided in the notification forms in Schedules I and II.

(1) The installer shall comply with sub-regulation (2)

within a period of not more than six months from the date of

notification indicated in the notification form as per regulation 4

but not later than 31st October 2011, whichever is the earlier.

(2) The installer shall take all the necessary measures to ensure

that the non-CE marked lift shall

(a) comply with the provisions of the Lifts Regulations.

Where applicable, any reference to the installer in the

Lifts Regulations shall mutatis mutandis be deemed to

refer to the responsible person in terms of regulation 3

of these regulations;

(b) submit registration as a "new lift" in accordance with

the Inspection of Lifts Regulations. In addition to the

declaration of conformity, the registration form shall

be accompanied by the notified body certificate issued

in terms of the provisions of the Lifts Regulations.

Where applicable, any reference to the installer in the

Inspection of Lifts Regulations shall mutatis mutandis

be deemed to refer to the responsible person in terms

of regulation 3 of these regulations.

(3) It shall be prohibited for the installer of the non-CE marked

lift to apply for certification in terms of the provisions of the Lifts

Regulations simultaneously with more than one notified body.

(4) Where, due to justified or unforeseen circumstances, as

d uly determ in ed by th e Director o f the Regulator y Affairs,

deviations from the provisions of sub-regulation (2) are inevitable,

these shall only be permitted upon consultation with and following

approval in writing from the Director of the Regulatory Affairs,

who shall notify forthwith the Market Surveillance Directorate of

such decisions.

(5) Non-CE marked lifts that duly fulfil the requirements of

these regulations within the specified time limits of sub-regulation

(1) shall be deemed to be compliant with the Lifts Regulations, and

shall no longer be considered as non-CE marked lifts in terms of

the present regulations as from the date of their registration

according to sub-regulation (2)(b).

(1) In cases where the non-CE marked lift was notified

o n ly thr o u gh th e p r oced u re in r egu latio n 4 (5 ) b y mean s of

Notification Form B, the Regulatory Affairs Directorate shall

contact in writing the installer, if known, to inform him that notice

has been given to it in terms of regulation 4(5). If the installer is

n ot kno wn or n o lon ger exists, th en th e R eg ulatory Aff air s

Directorate shall contact in writing the responsible person to

inform him of his obligations under these regulations.

(2) In cases where sub-regulation (1) applies, the period of time

for regularisation referred to in regulation 5(1) shall start running

from the date on which the notification in writing by the Regulatory

Affairs Directorate, as referred to in sub-regulation (1), is received

by the installer or responsible person. To this end, any such

communication sent by the Regulatory Affairs Directorate shall be

sent by registered mail or by any other method from which the date

of receipt by the addressee can be determined and recorded.

(1) An administration fee of ten euro (€10) shall apply to

notification forms submitted in accordance with regulation 4(2) by

means of Notification Form A submitted after the time limit

specified in regulation 4(1).

(2) The following administration fees shall be applicable to

registration forms submitted in accordance with regulation 5(2)(b)

(a) a ten euro (€10) administration fee is applicable for

registration forms submitted by the installer or by the

responsible person where regulation 3(4) and (5)

applies within the time limit specified in regulation

5(1) unless the non-CE marked lift was only notified

via the procedure as specified in regulation 4(5) by

means of Notification Form B, in which case a thirty

euro (€30) administration fee is applicable for

registration;

(b) a forty euro (€40) administration fee shall apply to

registration forms submitted by the responsible person

where regulation 3(6) applies;

(c) a ten euro (€10) administration fee shall apply in

addition to paragraphs (a) and (b) for registration

forms submitted after the time limit specified in

regulation 5(1).

(3) Administration fees shall be paid upon submission of the

notification or registration form by any means of payment accepted

by the Regulatory Affairs Directorate.

(4) The installer or, where applicable, the responsible person

shall ensure that the forms submitted in accordance with sub-

regulations 4(2) and 5(2)(b) are received by the Regulatory Affairs

Directorate within the applicable time limits.

(1) For notification forms submitted in accordance with

regulation 4 and registration forms submitted in accordance with

regulation 5(2)(b), the following rules shall apply

(a) in case of illegible forms, improperly filled in forms or

where payment has not been effected in accordance

with regulations 7(1) or (2), if applicable, the forms

shall not be deemed to have been submitted within the

deadlines specified in regulation 4 or regulation 5, as

applicable, and they shall have to be re-submitted;

(b) incomplete forms shall only be accepted if lack of data

is due to justified or unforeseen circumstances, as duly

determined by the Regulatory Affairs Directorate, and

if the data submitted is still sufficient to clearly

identify the non-CE marked lift in question or to

comply with the provisions of regulation 5 of the

Inspection of Lifts Regulations, as applicable.

(2) Where the forms would not have been validly submitted in

terms of sub-regulation (1), they shall only be deemed to be

submitted upon their valid resubmission. Regulation 11 shall be

applicable in cases of failure to submit a valid Form within the

stipulated deadlines established by these regulations.

Within the meaning of the Inspection of Lifts Regulations,

the date of "putting into service" of formerly non-CE marked lifts

shall be taken to be the date on which the notified mody certificate

issued in terms of the provisions of the Lifts Regulations.

(1) The Regulatory Affairs Directorate shall immediately

inform the Market Surveillance Directorate of any non-CE marked

lift which fails to comply with any provision of these regulations.

(2) Where it is ascertained that a non-CE marked lift used in

accordance with its intended purpose might endanger the safety of

p e r s o n s a n d , w h e r e a p p r o p r i a t e , o f p r o p e r t y, t h e M a r k e t

Surveillance Directorate shall take all appropriate measures to

prohibit the use of such non-CE marked lift.

(1) Any installer who -

(a) fails to comply with any applicable provision of these

regulations; or

(b) provides the Regulatory Affairs Directorate with any

misleading information; or

(c) prohibits in any manner the Market Surveillance

Directorate from taking any appropriate measure to

prohibit the use of any non-CE marked lift,

shall be guilty of an offence under these regulations.

(2)

Any responsible person who -

(a) fails to comply with any applicable provision of these

regulations; or

(b) provides the Regulatory Affairs Directorate with any

misleading information; or

(c) prohibits in any manner the Market Surveillance

Directorate from taking any appropriate measure to

prohibit the use of any non-CE marked lift,

shall be guilty of an offence under these regulations.

(3)

Any person who -

(a) provides the Regulatory Affairs Directorate with any

misleading information; or

(b) prohibits in any manner the Market Surveillance

Directorate from taking any appropriate measure to

prohibit the use of any non-CE marked lift,

shall be guilty of an offence under these regulations.

Any person found guilty of an offence under regulation 11

shall, upon conviction, be liable to a fine (multa) of not less than

four hundred and sixty-five euro and eight seven cents (€465.87)

and not exceeding two thousand three hundred and twenty-nine

euro and thirty seven cents (€2,329.37).

The provisions of articles 30, 31, 33 and 34 of the Act shall

apply to the provisions of regulations 11 and 12.

REGULARISATION OF NON-CE MARKED LIFTS

Schedule I - Notification Form A

(Regulation 4)

REGULARISATION OF NON-CE MARKED LIFTS

REGULARISATION OF NON-CE MARKED LIFTS

Schedule II - Notification Form B

(Regulation 4)