ESTABLISHMENT OF DIRECTORATES OF THE MALTA STANDARDS AUTHORITY [ S.L.419.03 1 SUBSIDIARY LEGISLATION 419.03 ESTABLISHMENT OF DIRECTORATES OF THE MALTA STANDARDS AUTHORITY ORDER 1st February, 2008 LEGAL NOTICE 39 of
- The title of this Order is the Establishment of Directorates of the Malta Standards Authority Order. Citation.
- In this Order, the following definitions shall apply, unless the context otherwise requires - Definitions. "Act" means the Malta Standards Authority Act; Cap.
- "the Authority" means the Malta Standards Authority; "Head of Directorate" means the person appointed to that post according to the provisions of article 3
(17)of the Act; "the Minister" means the Minister responsible for the Malta Standards Authority. 3. There shall be established such Directorates within the Authority in terms of article 3
(14)of the Act, having such functions and responsibilities as described in the schedule relative to each one of such Directorates, as follows: Establishment of Directorates. (
- a)Regulatory Affairs Directorate (First Schedule); (
- b)Standardisation Directorate (Second Schedule); (
- c)Metrology Directorate (Third Schedule); (
- d)Market Surveillance Directorate (Fourth Schedule). 4.
(1)A Head of a Directorate shall be appointed according to the provisions of article 3
(17)of the Act. Head and functions of the Directorates.
(2)In exercising its functions under this Order, the Directorate shall be functionally independent from the Authority as regards substantive matters and, more specifically, as regards technical matters within its area of competence. In particular, the Directorate shall be independent of any other structure or official within the Authority as regards the implementation of the functions listed in the relative schedule to each Directorate.
(3)Without prejudice to subarticle
(2), the Directorate shall operate subject to the administrative and financial control of the Authority as provided for in the Act and subject to the general policy of the Authority. 5.
(1)The Head of the Directorate may, with the agreement of the Minister and of the Authority, establish technical committees in order to provide scientific and technical advice as required by article 16(b)(iii) of the Act in the areas of competence indicated in each relative schedule to this Order. Technical committees. 2 [ S.L.419.03 ESTABLISHMENT OF DIRECTORATES OF THE MALTA STANDARDS AUTHORITY
(2)The members of the technical committees shall be nominated by the Minister on the advice of the Head of the Directorate.
(3)The Head of the Directorate shall chair and co-ordinate the technical committees under his responsibility.
(4)The Head of the Directorate shall not have the right of vote in the technical committees.
(5)The Head of the Directorate shall be responsible for e n s u r i n g t h e c o m p e t e n c e , i m p a r t i a l i t y, t r a n s p a r e n c y a n d independence of the technical committees under his responsibility.
(6)The Minister may, on the advice of the Head of the Directorate, remove, replace or suspend any member of a technical committee if this is considered necessary by the Minister to maintain the requirements stated in subarticle
(5). ESTABLISHMENT OF DIRECTORATES OF THE MALTA STANDARDS AUTHORITY [ S.L.419.03 3 FIRST SCHEDULE Regulatory Affairs Directorate 1. Functions and Responsibilities of the Consumer and Industrial Goods Unit under the Regulatory Affairs Directorate (
- a)to draft legislation in relation to the areas indicated in paragraph (
- e)hereof and issued by virtue of the Product Safety Act and by any other law; (
- b)to advise the Minister, the Authority and other Government agencies and the private sector, concerning this legislation and other matters ancillary thereto; (
- c)to assist all sectors of industry to understand and meet the essential requirements imposed by technical regulations, issued by virtue of the Product Safety Act and by any other law, and the technical, quality and safety requirements of harmonised European and international standards issued by virtue of the Act; (
- d)to co-ordinate and implement the Authority’s regulatory and standardization programmes in the areas indicated in paragraph (
- e)hereof and, in particular, to exercise the advisory functions assigned to the Authority by virtue of the Product Safety Act and by any other law; (
- e)to establish, with the consent of the Minister and of the Chairman of the Authority, technical committees for the areas of competence hereunder indicated, and to chair and co-ordinate the work of such committees relating to: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. (
- f)Motor vehicles Electrical risk and electrical equipment Electromagnetic compatibility Radio equipment and telecommunications terminal equipment Energy efficiency requirements Mechanical devices Personal protective equipment Construction products Recreational seacraft Medical devices Pressure vessels Toys Gas appliances Noise from vehicles and machinery Pyrotechnics; to act as the focal point for any notification requirements involving the Authority, for ensuring the free movement of goods principle; (
- g)to formulate and give effect to programmes of technical assistance aimed at business operators for the purpose of facilitating their compliance with relevant technical regulations and standards; (
- h)to communicate to the general public and to interested parties any information regarding the Authority’s regulatory and standardization programmes in the areas of competence indicated in paragraph (
- e)hereof; 4 [ S.L.419.03 ESTABLISHMENT OF DIRECTORATES OF THE MALTA STANDARDS AUTHORITY (
- i)to provide training and information on technical regulations and standards in the areas indicated in paragraph (
- e)hereof; (
- j)to represent the Authority in relevant national and international activities; (
- k)to perform risk assessment and to co-ordinate market surveillance activities as prescribed in article 27 of the Product Safety Act; (
- l)to carry out such other functions as the Minister may, from time to time, direct. 2. Functions and Responsibilities of the Foodstuffs, Chemicals, Pesticides and Cosmetics Unit under the Regulatory Affairs Directorate (
- a)to draft legislation in relation to the areas indicated in paragraph (
- e)hereof and issued by virtue of the Product Safety Act, the Pesticides Control Act and the Food Safety Act; (
- b)to advise the Minister, the Authority and other Government agencies and the private sector, concerning this legislation and other matters ancillary thereto; (
- c)to assist all sectors of industry to understand and meet the essential requirements imposed by technical regulations, issued by virtue of the Acts referred to in paragraph (
- a)above, and the technical, quality and safety requirements of harmonised European and international standards issued by virtue of the Act; (
- d)to co-ordinate and implement the Authority’s regulatory and standardization programmes in the areas indicated in paragraph (
- e)hereof and, in particular, to exercise the advisory functions assigned to the Authority by virtue of the Product Safety Act, the Food Safety Act and by any other law; (
- e)to establish, with the consent of the Minister and of the Chairman of the Authority, technical committees for the areas of competence hereunder indicated, and to chair and co-ordinate the work of such committees relating to: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. (
- f)Foodstuffs, including materials for their production Water Alcoholic beverages Fertilisers and animal feedingstuffs Chemical substances, products and preparations Medicinal and pharmaceutical products Cosmetic products Textiles and footwear Glass, wood, paper and metal and products made therefrom Packaging materials Pesticides; to act as the focal point for any notification requirements involving the Authority, for ensuring the free movement of goods principle; (
- g)to formulate and give effect to programmes of technical assistance aimed at business operators for the purpose of facilitating their compliance with relevant technical regulations and standards; (
- h)to communicate to the general public and to interested parties any ESTABLISHMENT OF DIRECTORATES OF THE MALTA STANDARDS AUTHORITY [ S.L.419.03 5 information regarding the Authority’s regulatory and standardization programmes in the areas of competence indicated in paragraph (
- e)hereof; (
- i)to provide training and information on technical regulations and standards in the areas indicated in paragraph (
- e)hereof; (
- j)to represent the Authority in relevant national and international activities; (
- k)to perform those functions of the Food Safety Commission prescribed under article 7A of the Food Safety Act; (
- l)to perform duties arising from the Pesticides Control Act and its subsidiary legislation, namely: 1. 2. 3. 4. 5. 6. Plant Protection Products Regulations Maximum Residue Levels of Pesticides in Produce of Plant Origin Regulations Biocides Regulations European Community Methods of Sampling for Official Control of Pesticide Residues in and on Products of Plant and Animal Origin Regulations (This legal instrument only lays down the methodology to be used) Maximum Residue Levels of Pesticides in Produce of Animal Origin Regulations Activities concerning the Professional Use of Toxic Products Rules; (
- m)to carry out such other functions as the Minister may, from time to time, direct. SECOND SCHEDULE Functions and Responsibilities of the Standardisation Directorate (
- a)to draft standards according the Authority’s programme of standardization and issue them by virtue of the Act; (
- b)to adopt international standards and issue them as national standards by virtue of the Act according the Authority’s programme of standardization; (
- c)to advise the Authority to repeal conflicting national standards; (
- d)to ensure that all interested parties are adequately represented in standardization activities; (
- e)to advise the Minister, the Authority and other Government agencies and the private sector, concerning standardization issues and other matters ancillary thereto; (
- f)to assist all sectors of industry to understand the importance of standards, issued by virtue of the Act; (
- g)to co-ordinate and implement the Authority’s programme of standardization and certification such as conformity marking, public enquiry and surveys on standardization needs, sale of standards, and other matters ancillary thereto; (
- h)to establish, with the consent of the Minister and of the Chairman of the Authority, technical committees for the areas of competence as the Authority may 6 [ S.L.419.03 ESTABLISHMENT OF DIRECTORATES OF THE MALTA STANDARDS AUTHORITY identify, and to chair and coordinate the work of such committees; (
- i)to act as the focal point for any notification requirements involving the Authority, for ensuring the free movement of goods principle; (
- j)to formulate and give effect to programmes of technical assistance aimed at business operators for the purpose of facilitating their compliance with relevant standards; (
- k)to communicate to the general public and to interested parties any information regarding the Authority’s programme of standardization; (
- l)to provide training and information on standardization matters and in other matters ancillary thereto; (
- m)to represent the Authority in relevant national and international activities and express national vote on draft European and International standards; (
- n)to carry out such other functions as the Authority may, from time to time, direct. THIRD SCHEDULE Functions and Responsibilities of the Metrology Directorate The functions and responsibilities of the Metrology Directorate are those assigned t o i t u n d e r t h e M e t r o l o g y A c t a n d u n d e r t h e M a l t a St a n d a r d s A u t h o r i t y (Establishment of the Metrology Directorate) Order. FOURTH SCHEDULE Functions and Responsibilities of the Market Surveillance Directorate The functions and responsibilities of the Market Surveillance Directorate shall be those established under Part II, III and Part IV of the Product Safety Act.