REGULARISATION OF NON-CE MARKED LIFTS [ S.L.427.72 1 SUBSIDIARY LEGISLATION 427.72 REGULARISATION OF NON-CE MARKED LIFTS REGULATIONS 1st November, 2010 LEGAL NOTICE 346 of 2010. 1.
(1)The title of these regulations is the Regularisation of non-CE Marked Lifts Regulations. Citation and scope.
(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; S.L. 427.37 S.L. 427.63 Definitions. Cap.
- Cap.
- "CE Markin g" sh all have the same meaning as defined in regulation 3 of the Lifts Regulations; S.L. 427.37 "condominium" shall have the same meaning as defined in the Condominium Act; Cap.
- "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; S.L. 427.37 S.L. 419.03 "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; S.L. 427.37 "notified body" shall have the same meaning as defined in regulation 3 of the Lifts Regulations; S.L. 427.37 "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; S.L. 419.03 "responsible person" shall have the same meaning as defined in regulation 3 of the Inspection of Lifts Regulations; S.L. 427.63 " 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. S.L. 427.63 2 [ S.L.427.72 General responsibilities. REGULARISATION OF NON-CE MARKED LIFTS 3.
(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. Notification of non-CE marked lifts. 4.
(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 subregulation
(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 REGULARISATION OF NON-CE MARKED LIFTS [ S.L.427.72 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. 5.
(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. Regularisation procedure and responsibilities.
(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. S.L. 427.37 S.L. 427.37 S.L. 427.37
(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). 6.
(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. S.L. 427.37 Notifications by third parties. 3 4 [ S.L.427.72 REGULARISATION OF NON-CE MARKED LIFTS
(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. Administration fees and submission of forms. 7.
(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 subregulations 4
(2)and 5
(2)(b) are received by the Regulatory Affairs Directorate within the applicable time limits. Rejection of forms. 8.
(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; REGULARISATION OF NON-CE MARKED LIFTS [ S.L.427.72 (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. 5 S.L. 427.63
(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. 9. 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. Inspection of nonCE marked lift. S.L. 427.63 10.
(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. Prohibition from market. S.L. 427.37
(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. 11.
(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 Liabilities. 6 [ S.L.427.72 REGULARISATION OF NON-CE MARKED LIFTS 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. Penalties. 12. 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). Proceedings. 13. 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) [ S.L.427.72 7 8 [ S.L.427.72 REGULARISATION OF NON-CE MARKED LIFTS REGULARISATION OF NON-CE MARKED LIFTS Schedule II - Notification Form B (Regulation 4) [ S.L.427.72 9