TWINNING LIGHT PROJECT

Detailed Twinning ‘light’ Project Fiche
Programme Title:
2006 Transition Facility Programme for Malta
Project Title:
Capacity Building 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 NABMALTA.
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.
1
Organisation Chart
Ministry for
Competitiveness and
Communications
MSA
Chairman and
Council
Management
Committee
CEO
Consumer and
Industrial Goods
Directorate
Finance Office
Legal Office
Administration
Office
98/34/EC
Notification Point
Foodstuffs,
Chemicals and
Cosmetics
Directorate
Standardization
Directorate
Metrology
Directorate
Accreditation
Directorate
NAB-Malta
Location of Facilities
The CA and all Directorates of the MSA are currently located at Evans Building,
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
2
States through the European Commission.
Malta under this Directive.
MSA is the notification point for
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.
3
Automotive EC Directives and ECE Regulations require third party approval testing, certification and production conformity assessment by an independent
body. Each Member State 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 typeapproval 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.
4
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:
5
Mr Francis Attard
Director General
Department of Contracts
Floriana CMR 02
Malta
Tel: (+356) 21220212
Fax: (+356) 21247681
Email: [email protected]
Beneficiaries1:
Malta Standards Authority
2nd Floor
Evans Building
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: [email protected]

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.
1
In terms of the definitions contained in the Memorandum of Understanding for the Implementation of
the Transition Facility, the Beneficiary is the ‘Implementing Agency’
6
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:
i.
assessment of capacity of technical services and bodies to be notified;
ii.
notification to the European Commission.

Assistance Sought from a Member State
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 Member State 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 1 day kick-off visit at the beginning of activity
1 and a 1 day wrap-up visit at the end of activity 2 by the MS Project Leader.
Activity 1
o
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;
7










o
o
o
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 MSACIGD 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 MSACIGD 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
o
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.
8
This activity will target results 5 and 6 to this project.
Activity 3 (Attachments)
o
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.
IMPLEMENTATION ARRANGEMENTS
Location and Duration
Start of tendering/call for proposals:
July 2007
Start of project activity:
September 2007
Project Completion:
May 2008
Reporting
Start-up report in English covering the first two months of the contract (submitted
during the third month).
A final report in English in terms of section 6.4.3 of the 2005 Reference Manual on
Twinning Projects, accompanied by an audit certificate from a recognised
independent auditor.
The reports should follow the template for standard Twinning and must be endorsed
and countersigned by the Beneficiary, who may make additional comments.
9
The reports should be submitted to the Department of Contracts and the Beneficiary,
with an copy to the Twinning Coordination Team at the European Commission
Headquarters.
BUDGET
Total Budget Available: €51,500
10
11
Log frame template
LOGFRAME PLANNING MATRIX FOR
Project
Strengthening the technical competence and operational functions of the Consumer and
Industrial Goods Directorate of the Malta Standards Authority (MSA-CIGD) as the Maltese
Type-Approval Authority for MOTOR VEHICLES
Overall objective
Objectively verifiable indicators
 The Malta Standards Authority capable to
 Designating a Maltese Technical
fully meet its obligations arising from the
Service
acquis in relation to the (Motor Vehicle)
 Issuing Type-Approval
Type Approval Functions.
Certificates
Programme name and number
Contracting period expires:
15 December 2008
Total budget : €51,500
Sources of Verification
 Official MSA/EU websites

2006 Transition Facility
Programme for Malta
Disbursement period
expires: 15 December 2009
TF budget : € 51,500
MSA/ETAES database
Project purpose
Objectively verifiable indicators
 To assist in the setting up of the
 The whole EC type approval
necessary administrative structures
process/system implemented in
within the Consumer and Industrial Good
Malta by the MSA-CIGD should
Directorate of the Malta Standards
be based on MSA EN 45012 (on
Authority to implement its (Motor
the general requirements for
Vehicle) Type Approval functions under
bodies operating assessment
the framework of Directive 70/156/EEC.
and certification/registration of
quality systems).
Sources of Verification
 Final Audit Report
Assumptions
 Retention of
adequate staffing
levels
 Applications received
from potential
clients
Results
Sources of Verification
 Evaluation Reports
Assumptions
 Retention of
adequate staffing
levels
 Applications received
from potential
clients
a. CIGD-MSA staff trained to
evaluate technical-test reports
submitted by recognised
European Technical Services on
the basis of which TypeApprovals are granted.
b. CIGD-MSA staff able to audit
Objectively verifiable indicators
 Preparation of evaluation
reports
 Preparation of audit reports
 Audit Reports
12
and verify manufacturers’
conformity of production
arrangements and to implement
all necessary measures in
accordance with the Directives.
c. CIGD-MSA established as the
Maltese contact point to work
and collaborate with the other
Member States’ approval
authorities.
d. Capabilities of on-line
application and submission of
“confidential” documents related
to the EC Type Approval process
developed.
e. Full integration within the
European Type Approval
Exchange System (ETAES).
f. CIGD-MSA able to intervene in
the:
i. assessment of capacity
of technical services
and bodies to be
notified;
ii. notification to the
European Commission.
Activities
Activity 1
o
 Participation in
Council/Commission Working
Parties and TAAM
 Full accessibility to ETAES
database
 Designating and notifying
Maltese Technical Service
Means
 Twinning ‘light’ contract: two
short-term experts for 10 days
This activity will start with an overview by the
(20 man-days in total) for one
two short-term experts of the European
mission.
system in place at present (including the
upcoming recast of 70/156.EEC). The STEs
 Meeting minutes
 ETAES database
 Official MSA/EU website
Assumptions
 Retention of
adequate staffing
levels
 Applications
received from
potential clients
13
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;
14






o
o
o
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.
15
Activity 2
o
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.

3-day mission by a STE to
finalise pending issues.
o
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.

Two 10-day attachments with
the competent
authority/technical service of
the Member State Twinning
‘light’ partner for three CIGDMSA staff.
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.

Three CIGD-MSA benefitting
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.
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)
This activity will be overseen by both short-term
experts and it is expected to achieve results 2, 5 and
16
6 relating to this project.
Preconditions

Staff recruitment
concluded
17