MARKET SURVEILLANCE AND COMPLIANCE OF PRODUCTS [ S.L. 427.105 1 SUBSIDIARY LEGISLATION 427.105 MARKET SURVEILLANCE AND COMPLIANCE OF PRODUCTS REGULATIONS 21st July, 2023 LEGAL NOTICE 185 of 2023. 1.
(1)The title of these regulations is the Market Surveillance and Compliance of Products Regulations. Citation and scope.
(2)The scope of these regulations is to implement the requisites of 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/
- requires: In these regulations, unless the context otherwise Interpretation. "national market surveillance authority" means the authority responsible for the implementation and enforcement of the Union harmonisation legislation listed in Annex I of Regulation (EU) 2019/1020 and may include an authority which by virtue of any other law is required to adopt or abide by the provisions of Regulation (EU) 2019/1020; "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; and "Technical Regulations Division" means the entity established under Part VI of the Malta Competition and Consumer Affairs Authority Act.
- For the purpose of Article 10 of Regulation (EU) 2019/ 1020, the Technical Regulations Division shall be designated as the single liaison office: Cap.
- Single liaison office. Cap.
- Provided that for the purpose of carrying out the functions of the single liaison office in accordance with Regulation (EU) 2019/1020, the Technical Regulations Division may establish technical committees in accordance with article 20
(1)(e) of the Malta Competition and Consumer Affairs Authority Act.
- Without prejudice to any other law providing for the powers of the national market surveillance authorities, for the purpose of carrying out market surveillance, investigation and enforcement in Powers of national market surveillance authorities. 2 [ S.L. 463.27 MARKET SURVEILLANCE AND COMPLIANCE OF PRODUCTS accordance with Regulation (EU) 2019/1020, 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 14 of Regulation (EU) 2019/
- Penalties. Cap.
- Without prejudice to any specific provisions on penalties or punishments, however so described, in any other law implementing or transposing the Union harmonisation legislation listed in Annex I of Regulation (EU) 2019/1020, articles 32
(2),
(3)and
(4)of the Product Safety Act shall be applicable to any infringement under Regulation (EU) 2019/1020: Provided that proceedings in relation to any infringement under Regulation (EU) 2019/1020 may be instituted at the instance of any national market surveillance authority.