S.L. 427.30 Art. 17CDerogation from the conformity assessment procedures requiring the mandatory involvement of a notified body.

(1) By way of derogation from regulation 12, the TRD may authorise, on a duly justified request from an economic operator, the placing on the market in Malta, of specific vessels referred to in regulation 17A(1), for which the conformity assessment procedures referred to in regulation 12 which require the mandatory involvement of a notified body have not been carried out:

Provided that compliance with all the applicable requirements established in the Schedules of the Motor Vehicles (Carriage of Dangerous Goods by Road) Regulations and of these regulations has been demonstrated in accordance with procedures referred to in such authorisation. The TRD shall immediately inform the Commission and the other Member States of any authorisation granted in accordance with this sub-regulation.

(2) The transportable pressure equipment subject to the extension of validity of the authorisation referred to in sub-regulation

(1) shall bear the information that it is placed on the market as a crisis-relevant good. The information, and any labelling shall be clear, intelligible and be written in the English or Maltese language.

(3) The authorisation granted by the TRD in accordance with sub-regulation (1) shall be valid only in Malta unless it has been recognised as valid by a national market surveillance authority in another Member State. The TRD shall inform the Commission and the other Member States of any decision to recognise the validity of that authorisation.

(4) Manufacturers of vessels subject to the authorisation procedure referred to in sub-regulation (1) shall declare on their sole responsibility that the vessels concerned comply with all the applicable requirements established in the Schedules of the Motor Vehicles (Carriage of Dangerous Goods by Road) Regulations and these regulations and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the TRD.

(5) Any authorisation issued pursuant to sub-regulation (1) shall establish the conditions and requirements under which the vessel may be placed on the market. The authorisations shall provide for at least the following:

(a) a description of the procedures, by means of which the compliance with the applicable requirements established in the Annexes to Directive 2008/68/EC and in these regulations was successfully demonstrated;

(b) any specific requirements regarding the traceability of the transportable pressure equipment concerned;

(c) an end date of validity of the authorisation which cannot go beyond the last day of the period for which the internal market emergency mode has been activated in accordance with Article 18 of Regulation (EU) 2024/2747;

(d) any specific requirements regarding the need to ensure a continuous conformity assessment with respect to the transportable pressure equipment concerned; and

(e) measures to be taken upon expiry or deactivation of the internal market emergency mode with respect to the transportable pressure equipment concerned that has been placed on the market.

(6) By way of derogation from regulation 14, transportable pressure equipment for which an authorisation has been granted in accordance with sub-regulation (1) shall not bear the Pi marking.

(7) Where an authorisation pursuant to sub-regulations (1) and (3) is valid, the TRD shall with respect to such transportable pressure equipment, take all corrective and restrictive actions provided for under the Market Surveillance and Compliance of Products

Regulations and in accordance with these regulations. The TRD shall immediately inform the Commission and the market surveillance authorities of all other Member States of these actions.

(8) The use of the authorisation procedure established in sub-regulations (1) and (2) shall not affect the application of the relevant conformity assessment procedures established in regulation 12.