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Malta Standards Authority Act (Cap. 419) Establishment Of Directorates Of The Malta Standards Authority Order, 2008 (L.N. 39 Of 2008 )

MALTA STANDARDS AUTHORITY ACT (CAP. 419)
Establishment of Directorates of the Malta Standards Authority
Order, 2008
IN exercise of the powers conferred by article 21 of the Malta Standards Authority Act, 2000, the Minister for Competitiveness and Communications, on the advice of the Malta Standards Authority, has made the following regulations>-
1. The title of these regulations is the Establishment of
Directorates of the Malta Standards Authority Order, 2008.
2. In this Order, the following definitions shall apply, unless the context otherwise requires –
“the Act” means the Malta Standards Authority Act< “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>
(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.
(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 subregulation (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.
(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 ensuring the competence, impartiality, transparency and 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 subregulation (5).
6. The Establishment of Directorates of the Malta Standards
Authority Order, 2000, is hereby repealed.
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Technical

Committees.

Repeals L.N. 213 of

2000.

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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. Motor vehicles
2. Electrical risk and electrical equipment
3. Electromagnetic compatibility
4. Radio equipment and telecommunications terminal equipment
5. Energy efficiency requirements
6. Mechanical devices
7. Personal protective equipment
8. Construction products
9. Recreational seacraft
10. Medical devices
11. Pressure vessels
12. Toys
13. Gas appliances
14. Noise from vehicles and machinery
15. Pyrotechnics<
(f) to act as the focal point for any notification requirements involving the
Authority, for ensuring the free movement of goods principle<
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(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<
(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 (Cap. 427)<
(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. Foodstuffs, including materials for their production
2. Water
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3. Alcoholic beverages
4. Fertilisers and animal feedingstuffs
5. Chemical substances, products and preparations
6. Medicinal and pharmaceutical products
7. Cosmetic products
8. Textiles and footwear
9. Glass, wood, paper and metal and products made therefrom
10. Packaging materials<
11. Pesticides<
(f) 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<
(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 (Cap. 449)<
(l) to perform duties arising from the Pesticides Control Act (Cap. 430)
and its subsidiary legislation, namely>
1. Plant Protection Products Regulations (L.N.115 of 2004)<
2. Maximum Residue Levels of Pesticides in Produce of Plant Origin
Regulations (L.N.199 of 2004)<
3. Biocides Regulations (L.N.294 of 2004)<
4. European Community Methods of Sampling for Official Control of Pesticide Residues in and on Products of Plant and Animal Origin Regulations (L.N. 479 of 2004

) (This legal instrument only lays down the methodology to be used)<
5. Maximum Residue Levels of Pesticides in Produce of Animal Origin
Regulations (L.N.117 of 2005)<
6. Activities concerning the Professional Use of Toxic Products Rules
(L.N.350 of 2005)<
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(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 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<
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(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 to it under the Metrology Act (Cap.454) and under the Malta Standards Authority (Establishment of the Metrology Directorate) Order, 2001 (L.N.312 of 2001).
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 (Cap.427).