Detailed Twinning ‘light’ Project Fiche

Programme Title:2006 Transition Facility Programme for Malta

Project Title:CapacityBuilding of the Malta Standards Authority as the Competent Authority for Motor Vehicles Type Approval

Project Number:2006/18184.03.01

Twinning Number:MT06-IB-OT-04-TL

BACKGROUND

  • Detailed Description of the Beneficiary Institution

The Malta Standards Authority is a statutory body established by virtue of Cap 419 of the Revised Edition of the Laws of Malta. It has a legal personality distinct from that of government and its legal and judicial representation is vested in its Chairman. The Chairman is appointed by the Prime Minister every three years. The Chairman presides over the Board of Councillors which is made up of members some of whom are appointed ex officio (such as the Director of Customs) while others are chosen by and from the sectoral organisation they represent. The term of office of the Council is three years.

The executive function of the Authority is vested in the Chief Executive and the technical functions of the MSA are vested in the Heads of Directorates, namely the Consumer and Industrial Goods Directorate, the Foodstuffs, Chemical and Cosmetics Directorate, the Standardization Directorate and the Metrology Directorate.Since 2006 the National Accreditation Board (NAB-MALTA) has taken over the technical functions of the Accreditation Directorate. However the MSA is still providing all the administrative and human resources supports to the NAB-MALTA.

The Central Administration (CA) caters for all human resources, financial and administrative needs of the Authority. All the work is coordinated through the CA and the CEO.

The Authority has increased its activity since it was established in 2000. The CA manages all matters related to EU funding and activities which have increased considerably.

The Staff of the MSA is made up a Chief Executive and five Directors (four of whom are engineers and the other a scientist), three engineers, one lawyer, one financial controller, five scientists and one trading standard officer, together with four clerks and secretaries. Presently the number of employees of the MSA is 20.

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Organisation Chart

Location of Facilities

The CA and all Directorates of the MSA are currently located at EvansBuilding, Merchants Street, Valletta, Malta, with the exception of the Laboratories of the Metrology Directorate, which are situated in the Kordin Business Incubation Centre, Kordin.

Central Administration (CA)

The Central Administration provides all the services related to administration, human resources, finance and other support services to all the Directorates. Services related to communications and public relations, as well as legal advice is supported by the legal adviser attached to the CA. The legal adviser also contributes towards the formation of detailed opinions regarding regulations drafted by the Regulatory Directorates of MSA.

The management of EU projects and tendering procedures for all of MSA are handled by the CA.

The Notification Procedure system under Directive 98/34/EC falls under the CA by which all technical regulations and standards originating from Ministries, Government Departments and other entities are notified by MSA to EU Member States through the European Commission. MSA is the notification point for Malta under this Directive.

Consumer and Industrial Goods Directorate (CIGD) -MSA

The CIGD-MSA (established by means of Legal Notice 213 of 2000) is responsible for the adoption and transposition of all New Approach Directives. Besides, it is also the regulator in issues of product safety and issues related to conformity assessment bodies. It is also responsible for the designation and notification of Conformity Assessment Bodies (CABs).

The CIGD-MSA, being one of the two Regulatory, functionally-independent Directorates housed within the MSA, is the proposer for new/amendments to existing technical regulations issued by virtue of the Product Safety Act (Cap. 427) as well as acts as the technical advisory arm of the Ministry for Competitiveness and Communications (MCMP) and to other Government entities, for all matters related to the free movement and safety of: Motor Vehicles, Electrical Equipment, Radio Equipment and Telecommunications Terminal Equipment, Machinery and Mechanical Devices, Personal Protective Equipment, Construction Products, Recreational Craft, Medical Devices, Pressure Vessels, Toys and Gas Appliances. Set up by virtue of the ‘Establishment of Directorates Order’ (L.N. 213 of 2000), the CIGD-MSA was officially recognized in October 2000 with its first Head appointed in March 2001, but with effect as from 1st January 2001. After playing a crucial role during Malta’s pre-EU accession negotiations on Chapter 1 (Free Movement of Goods), since 1st May 2004, the CIGD-MSA continued to support and even intensified its efforts towards achieving those common regulatory requirements for products put on the Maltese and European market, thus ensuring that goods can be traded freely. By virtue of the Malta Standards Authority Act (Cap. 419) and the Product Safety Act (Cap. 427), the CIGD-MSA also plays a “Risk Assessment” role in the overall Maltese market surveillance strategy and is responsible for the designation and surveillance of notified bodies and other conformity assessment bodies providing third-party inspections.

Today, the CIGD-MSA is composed of a Director assisted by two Engineers and a scientist. The Director is primarily involved in the consultation/negotiation process and the development of European Directives insofar as policy issues are concerned, whilst the technical members of the staff are involved in technical backing matters.

  • Context in the Beneficiary Country

Many industrial sectors are subject to some form of approval or certification system but road vehicles are a special case, because of their importance to and impact upon society, and have been subject to specific technical standards almost from their first invention. Within Europe, two systems of type approval have been in existence for over 20 years. One is based around EC Directives and provides for the approval of whole vehicles, vehicle systems and separate components. The other is based around ECE (United Nations) Regulations and provides for approval of vehicle systems and separate components, but not whole vehicles.

Automotive EC Directives and ECE Regulations require third party approval - testing, certification and production conformity assessment by an independent body. Each MemberState is required to appoint an Approval Authority to issue the approvals and a Technical Service (that could be a third party) so as to carry out the testing to the standards set down in the Directives and Regulations. An approval issued by one Authority will be accepted in all the Member States.

Within the EU, harmonization of technical requirements on motor vehicles has so far been achieved for three categories of vehicles: namely passenger cars, motorcycles and tractors. The EC Whole Vehicle Type-Approval (WVTA) system has applied, on a mandatory basis, to passenger cars since January 1998, to motorcycles since June 1999 and to tractors as from July 2005. As a result, these categories of vehicles must comply with all the relevant European type-approval directives in order to be placed on the market.

Partial harmonization has been achieved for the remaining vehicle categories, i.e. buses and coaches, on one hand, and commercial vehicles, on the other. EC WVTA is expected to be in place for these vehicle categories within the coming months, once the European Parliament and the Council have adopted the “recast” Directive.

In total, over 90 Directives are in place, which regulate the construction and functioning of motor vehicles. Three of these directives (so-called "framework directives") provide for the general rules applicable to the type approval of motor vehicles, motorcycles and tractors, respectively:

Council Directive 2001/116/EC,, amending Directive 70/156/EEC on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers, transposed into Maltese legislation through L.N. 95 of 2002, as last amended;

Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 relating to the type-approval of two or three-wheel motor vehicles and repealing Council Directive 92/61/EEC, transposed into Maltese legislation through L.N. 28 of 2003, as last amended;

Directive 2003/37/EC of the European parliament and of the council of May 26, 2003 on type-approval of agricultural or forestry tractors, their trailers and interchangeable towed machinery, together with their systems, components and separate technical units and repealing Directive 74/150/EEC, transposed into Maltese legislation through L.N. 123 of 2005, as last amended.

Through the three Regulations mentioned above, transposed by virtue of the Product Safety Act, Cap. 427, the Consumer and Industrial Goods Directorate (CIGD) of the Malta Standards Authority has been designated as the Maltese Type Approval Authority.

As the Maltese Type Approval Authority for Motor Vehicles, the CIGD-MSA is both legally and administratively responsible under both the EU and UN-ECE type approval schemes.

In order to be able to meet the above requirements, CIGD-MSA needs to build the necessary technical and administrative infrastructure to enable it to fully perform its (Motor Vehicle) Type Approval functions for the full implementation of this part of the acquis. This twinning ‘light’ project is aimed at facilitating the setting up of the Directorate’s management system as well as at providing training of the CIGD-MSA staff to enable them to process applications for EC WVTA. MSA’s policy, as endorsed by the Ministry for Competitiveness and Communications, is that the role of the CIGD-MSA should be that of the Maltese ‘regulator’ in the sector of vehicle type approvals, leaving the ‘operations’ in the field of testing, inspection and certification of vehicles to third parties that need to be assessed and notified by the ‘regulator’ according to EU law.

  • To be in a position to grant type-approvals based on sound technical analysis of technical-test reports, prepared by a recognised European-designated Technical Service;
  • To be in a position to designate and notify Technical Services (i.e. third party testing laboratories, inspection facilities, certification, etc…) to the Commission and other EU Member States approval authorities;
  • To be in a position to verify manufacturers’ conformity of production arrangements and to take the necessary measures in accordance with the applicable Directives /Regulations
  • To serve as an active contact point with the approval authorities of the other EU Member States and UN-ECE Contracting Parties. The acquis places an obligation on Malta to designate its national Type Approval Authority that:
  • grants type approvals based on sound technical analysis of technical test reports, prepared by a recognised European-designated Technical Service;
  • designates and notifies Technical Services (i.e. third party testing laboratories, inspection facilities, certification, etc) to the Commission and other EU Member States approval authorities;
  • verifies manufacturers’ conformity of production arrangements and takes the necessary measures in accordance with the applicable Directives /Regulations
  • serves as an active contact point with the approval authorities of the other EU Member States and UN-ECE Contracting Parties.

The CIGD of the MSA has already established a detailed procedure but it is felt that this can benefit from further “fine-tuning” and “hands-on” practical advice.

DESCRIPTION OF THE ASSIGNMENT

Accredited Implementing Agency:

Department of Contracts, Malta.

Contact Person:

Mr Francis Attard

Director General

Department of Contracts

Floriana CMR 02

Malta

Tel: (+356) 21220212

Fax: (+356) 21247681

Email:

Beneficiaries[1]:

Malta Standards Authority

2nd Floor

EvansBuilding

Merchants Street

Valletta VLT 03

Malta

Project Leader:

Ing. Anthony Camilleri

A/CEO,

Director, Consumer and Industrial Goods Directorate

Tel: +356 2124 2420

Fax: +356 2124 2406

Email:

  • Overall Objective

The Malta Standards Authority capable to fully meet its obligations arising from the acquis in relation to the (Motor Vehicle) Type Approval functions.

  • Project Purpose

To assist in the setting up of the necessary administrative structures within the Consumer and Industrial Good Directorate of the Malta Standards Authority to implement its (Motor Vehicle) Type Approval functions under “framework” Directive 70/156/EEC.

  • The Mandatory Results, including Benchmarks
  1. Consumer and Industrial Goods Directorate (CIGD-MSA) staff trained to evaluate technical-test reports submitted by recognised European Technical Services on the basis of which Type-Approvals are granted.
  2. CIGD-MSA staff able to audit and verify manufacturers’ conformity of production arrangements and to implement all necessary measures in accordance with the Directives.
  3. CIGD-MSA established as the Maltese contact point to work and collaborate with the other Member States’ approval authorities.
  4. Capabilities of on-line application and submission of “confidential” documents related to the EC Type Approval process developed.
  5. Full integration within the European Type Approval Exchange System (ETAES).
  6. CIGD-MSA able to intervene in the:
  7. assessment of capacity of technical services and bodies to be notified;
  8. notification to the European Commission.
  • Assistance Sought from a MemberState

It is proposed that assistance will be implemented through a Twinning ‘light’ arrangement involving two short-term experts.

Short-term Expert 1 will be specifically from the administration of a Type Approval Authority of a MemberState and have hands-on experience in the field of European Motor Vehicles legislation.

Short-term Expert 2 will be from European-designated Technical Service acting under the responsibility of the Twinning ‘light’ partner.

The following activities are planned:

Project Coordination

Mission of MS Project Leader.

The Twinning ‘light’ project foresees a 1day kick-off visit at the beginningof activity 1and a 1day wrap-up visit at the endof activity2 by the MS Project Leader.

Activity 1

  • This activity will start with an overview by the two short-term experts of the European system in place at present(including the upcoming recast of 70/156.EEC). The STEs will assist in the establishment of the supporting management system and explain in detail to the MSA-CIGD technical staff on all the acquis in this area - from an administrative as well as from a technical point of view - and the interaction with UN-ECE regulations.This would include:

the type approval process of both vehicles and their components;

a synopsis of each separate directive including its scope, objectives, procedure and result evaluation;

the approval of components for motor vehicles and their integration into the vehicle;

overview of the quality systems used in the motor vehicle industry (e.g. ISO/TS 16949);

the role of directives that do not form an explicit part of Annex IV of directive 70/156/EC on the type approval process. Examples of these directives include directive 83/478/EEC on dangerous substances and preparation, directive 2000/53/EC on the end of life of vehicles, directives on fuel quality (e.g. 2003/17/EC), directive 2002/49/EC on ambient noise, New Approach Directives, directive 89/459/EEC on the thread depth of tyres etc;

alternative type approval procedures such as the end of series and small series;

understanding and analysing the EC type approval certificate, the information document and the certificate of conformity;

dealing with non-conformity to type;

vehicles with alternative power sources (e.g. batteries, fuel cells, ethanol, LPG etc.);

quadricycles;

machinery which makes part of a motor vehicle or tractor;

the role of standardization in the type approval process;

the OECD standard codes for the official testing of agricultural and forestry tractors and their interaction with the EC type approval of tractors.

  • Overview of the legal, administrative and technical system currently in place in Malta, followed by a ‘gap analysis’ and a report containing the findings.An assessment of the IT operational / hardware infrastructure required by MSA-CIGD to build and maintain the necessary databases shall also be performed at this stage.
  • Practical sessions for MSA-CIGD staff to evaluate examples of applications for Type Approval that they would be handling.
  • The whole EC type approval process/system implemented in Malta by the MSA-CIGD should be based on MSA EN 45012 (on the general requirements for bodies operating assessment and certification/registration of quality systems). Accordingly, the STEs will be required to work with the MSA-CIGD to prepare for any future assessment against this standard.

It is anticipated that each of the two short-term experts will be required for 10 days (20 man-days in total) for one mission.

This activity will target results 1, 3 and 4.

Activity 2

  • A 3-day mission to Malta by short-term expert 1 to finalise any pending issues and to ensure that all the internal operations and systems are up and running, ready to be audited and certified to MSA EN 45012 and that the MSA-CIGD IT system is fully integrated into the European Type Approval Exchange System (ETAES). It is also proposed that a one-day workshop be held, open to the market surveillance and transport authorities and economic operators.

Provision of access by MSA-CIGD to databases is also required to be included as part of this activity.

This activity will target results 5 and 6 to this project.

Activity 3 (Attachments)

  • Two 10-day attachments with the competent authority/technical service of the Member State Twinning ‘light’ partner for three CIGD-MSA staff. This would give them the opportunity to thoroughly examine the operational aspects of the system and evaluate it on site. IT training should also be provided during these attachments.

As part of this activity the three CIGD-MSA staff could also benefit from an additional 6 days’ attendance in TAAM meetings to enhance their technical knowledge on the subject and to establish links and improve networking skills.

This activity will be overseen by both short-term experts and it is expected to achieve results 2, 5 and 6 relating to this project.

EXPERTS’ PROFILE

Both short-term experts shall be Class II equivalent, with good English speaking and reporting skills. The primary area of expertise of both experts should be in the area of motor vehicles categories M, N and O and their components/systems. The type approval of tractors and two or three wheel motor vehicles are of secondary importance.

The MS PL should come specifically from a Member State EC Type Approval Authority, having direct experience with the whole EC Type Approval system as implemented within the EU. Track record of participation in pertinent Council Working Parties, Commission Expert Groups and TAAM is considered an asset.