GENERAL PRODUCT SAFETY (IMPLEMENTING) [ S.L. 427.106 1 SUBSIDIARY LEGISLATION 427.106 GENERAL PRODUCT SAFETY (IMPLEMENTING) REGULATIONS 4th April, 2025 LEGAL NOTICE 68 of 2025. 1.
(1)The title of these regulations is the General Product Safety (Implementing) Regulations. Citation and scope
(2)The scope of these regulations is to implement the requirements of Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/ EEC.
- requires: In these regulations, unless the context otherwise Interpretation. "Act" means the Product Safety Act; Cap.
- "national market surveillance authority" shall have the same meaning as assigned to it in the Market Surveillance and Compliance of Products Regulations; S.L. 427.
- "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; "Regulation (EU) 2023/988" means Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/ EC of the European Parliament and of the Council and Council Directive 87/357/EEC; "Technical Regulations Division" shall have the same meaning as assigned to it in the Market Surveillance and Compliance of Products Regulations. S.L. 427.
- For the purposes of articles 9
(7), 11
(4), 19, 21, 22
(9)and 36
(2)of Regulation (EU) 2023/988, the instructions and safety Labelling and product information. 2 [ S.L. 427.106 GENERAL PRODUCT SAFETY (IMPLEMENTING) information of the product including the labelling thereof shall be written in either the Maltese or the English language. Powers of national market surveillance authorities. 4.
(1)For the purpose of carrying out market surveillance, investigation, and enforcement in accordance with Regulation (EU) 2023/988, the 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 22
(4)of Regulation (EU) 2023/988 and these regulations.
(2)The powers provided for in sub-regulation
(1)shall be without prejudice to the powers of national market surveillance authorities under any other law or Union harmonisation legislation. Single national point of contact. 5. The Technical Regulations Division shall be designated as the single national point of contact for the purpose of carrying out the activities mentioned in article 25
(2)of Regulation (EU) 2023/988: Cap. 510. Provided that for the purpose of carrying out the activities in accordance with Regulation (EU) 2023/988, the Technical Regulations Division may establish technical committees in accordance with article 20
(1)(e) of the Malta Competition and Consumer Affairs Authority Act. Proceedings. 6. Part IV of the Act shall apply to any offence under Regulation (EU) 2023/988 and these regulations.