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The Malta Standards Authority And Various Laws (Amendment) Act, 2007 (Bill No. 98)

A Bill entitled

An ACT to amend the Malta Standards Authority Act and Various Laws.

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows>
1. (1) The short title of this Act is the Malta Standards Authority and Various Laws (Amendment) Act, 2007.
(2) This Act shall come into force on such date as the Minister responsible for the Malta Standards Authority may by notice in the Gazette establish, and different dates may be so established for different provisions and for different purposes of the Act.
Part I
2. This Part amends and shall be read and construed as one with the Malta Standards Authority Act, hereinafter in this Part referred to as “the principal Act”.
3. Article 3 of the principal Act shall be amended as follows> (a) in subarticle (2) thereof, for the words “The Authority
shall be governed by a Council” there shall be substituted the words
“The Authority shall have a Council which shall have the functions set out in subarticle (2A) hereof and”< and

Short title and commencement.

Amendment of the Malta Standards Authority Act, Cap.

419.

Amendment of article 3 of the principal Act.

C 324

Amendment of article 16 of the principal Act.

Amendment of article 19 of the principal Act.

Amendment to the Product Safety Act, Cap. 427.

(b) immediately after subarticle (2) thereof, there shall be added the following new subarticles>-
“(2A) The Council shall have the following functions>- (a) to determine the general policy and objectives
of the Authority within the context of the framework
policies established by Government<
(b) to act as a liaison point between the Authority and the sectors it represents, and other persons having an interest therein<
(c) to approve any agreement proposed under subarticle (11) of this article before such agreement is forwarded for the concurrence of the Minister in terms of the said subarticle<
(d) to approve the financial statements of the
Authority<
(e) to guarantee the functional independence of the Directorates.
(2B) With the exception of the Chairman, who shall act in his own individual judgement in the interests of the Authority, the members of the Council shall be appointed as representatives of the sectors they represent.”.
4. In sub-paragraph (ii) of paragraph (b) of article 16 of the principal Act, for the words “ensuring the availability” there shall be substituted the words “the availability or ensuring the availability”.
5. In subarticle (1) of article 19 of the principal Act, for the words “the standards and fulfil the conditions prescribed in the standards” there shall be substituted words “the standards and technical regulations and fulfil the conditions prescribed therein”.
Part II
6. This Part amends and shall be read and construed as one with the Product Safety Act, hereinafter in this Part referred to as “the principal Act”.
7. Article 2 of the principal Act shall be amended as follows> (a) for the definition of the expression “Director” therein
there shall be substituted the following>-
“ “Director” means the Head of the Market Surveillance Directorate of the Malta Standards Authority established by article 3 of the Malta Standards Authority Act or such other head of any Directorate as the Minister may by Order designate in his stead and includes, to the extent of the authority given, any officer authorised by such head, in writing, to act in that behalf for any of the purposes of this Act<”< and
(b) the definition of the expression “Department” therein shall be deleted.
8. For article 27 of the principal Act that shall be substituted the following>-
C 325

Amendment of article 2 of the principal Act.

Substitution of article 27 of the principal Act.

“Functions of the Malta Standards Authority.

“27. Without prejudice to any other functions assigned to it by any other law, the Malta Standards Authority, shall also have the following functions>
(a) to establish and periodically update sectoral surveillance programmes in respect of all categories of products and risks<
(b) to follow up and update scientific knowledge concerning the safety of products, as well as periodical reports on surveillance activities, findings and results achieved<
(c) to periodically review and assess the functioning of the control activities and their effectiveness, and, if necessary, revise the surveillance approach and organisation put in place.”.
9. In article 22 of the principal Act, the words “of the
Department,” shall be deleted.
10. In subarticle (1) of article 28 of the principal Act, for the words “may, with the concurrence of the Director of Market Surveillance, make or” there shall be substituted words “may, with the concurrence of the head of the Regulatory Affairs Directorate established

Amendment of article 22 of the principal Act.

Amendment of article 28 of the principal Act.

C 326

Amendment to the Pesticides Control Act, Cap. 430.

Amendment of Article 2 of the principal Act.

Cap. 419.

Amendment of article 10 of the principal Act.

Amendment to the Food Safety Act, Cap. 449.

Amendment of article 7 of the principal Act.

under the Malta Standards Authority Act or such other head of any
Directorate as the Minister may by Order designate in his stead”.
Part III
11. This Part amends and shall be read and construed as one with the Pesticides Control Act, hereinafter in this Part referred to as “the principal Act”.
12. Article 2 of the principal Act, shall be amended as follows>- (a) immediately after the definition of the expression
“authorisation” therein there shall be added the following new
definition>-
“ “the Authority’’ means the Malta Standards Authority established by article 3(1) of the Malta Standards Authority Act or such other Directorate as the Minister may by Order designate in its stead<”<
(b) in the definition of the expression “Director” therein, for the words “Director of the Department” there shall be substituted the words “the head of the Regulatory Affairs Directorate established under the Malta Standards Authority Act or such other head of any Directorate as the Minister may by Order designate in his stead”< and
(c) the definition of the expression “Department” shall be deleted.
13. In paragraph (d) of sub-article (2) of article 10 of the principal Act, for the words “Malta Standards Authority” there shall be substituted the words “Plant Health Department”.
Part IV
14. This Part amends and shall be read and construed as one with the Food Safety Act, hereinafter in this Part referred to as “the principal Act”.
15. Immediately after Article 7 of the principal Act there shall be inserted the following new article>

“The Commis- sion to exercise functions through the Authority.

7A. (1) The Commission shall exercise its functions under article 7(1) (b), (c), (d), (e), (g), (h), (j) and (l) through the Malta Standards Authority as established by article 3 of the Malta Standards Authority Act.
(2) The Malta Standards Authority shall also issue such guidelines as may be necessary in relation to the functions mentioned in subarticle (1) of this article.
(3) The Commission may demand from the Malta Standards Authority any information obtained or report drawn up by the Authority in the exercise of its functions under this article and the Authority shall comply with any such demand.
(4) The functions of the Malta Standards Authority under this article shall be without prejudice to any other functions assigned to it by any other law.”.
C 327

Cap. 419.

16. In subarticle (1) of article 9 of the principal Act, for the words “the Director of the Market Surveillance Directorate” there shall be substituted the words “the head of the Market Surveillance Directorate of the Malta Standards Authority established under the Malta Standards Authority Act or such other head of any Directorate as the Minister may by Order designate in his stead.”.
Part V
17. This Part amends and shall be read and construed as one with the Medicines Act, hereinafter in this Part referred to as “the principal Act”.
18. For article 4 of the principal Act there shall be substituted the following>-
“4. There shall be established a Medicines Authority, or such other authority as the Prime Minister may designate in terms of article 110 of this Act.”.
19. Immediately after article 109 of the principal Act there shall be added the following>

Amendment of article 9 of the principal Act.

Amendment to the

Medicines Act, Cap.

458.

Substitution of article 4 of the principal Act.

Addition of new article 110 to the principal Act.

“Designation of competent authority.

110. (1) The Prime Minister may by Order in the Gazette designate any authority to carry out the functions carried out by the Medicines Authority under this Act.
C 328
(2) Any such Order may delete any of the provisions of articles 5 and 7 to 13 of this Act.
(3) Any such Order may also amend or delete subarticle (3) of article 3 and articles 4 and 6 of this Act.”.

Objects and Reasons

The object of this Bill is to amend the various laws so as to review the activities of authorities and entities involved in the field of free movement of goods in Malta and to rationalise such activities under the umbrella of the Malta Standards Authority.