S.L. 427.23 Art. 12Conformity of production arrangements.

(1) The approval authority which grants an EC type-

approval shall take the necessary measures in accordance with

Schedule X to verify, if need be in cooperation with the approval authorities of the other Member States, that adequate arrangements have been made to ensure that production vehicles, systems, components or separate technical units, as the case may be, conform to the approved type.

(2) (a) The approval authority in Malta shall take the necessary measures in accordance with Schedule X in relation to that approval to verify, if need be in cooperation with the approval authorities of the other Member States, that the arrangements referred to in sub-regulation (1) continue to be adequate and that production vehicles, systems, components or separate technical units, as the case may be, continue to conform to the approved type.

(b) Verification to ensure that products conform to the approved type shall be limited to the procedures set out in Schedule X and in those regulatory acts that contain specific requirements. To that end, the approval authority may carry out any of the checks or tests prescribed in any of the regulatory acts listed in Schedule IV or Schedule XI on samples taken in the premises of the manufacturer, including production facilities.

(3) When it is established that the arrangements referred to in sub-regulation (1) are not being applied, deviate significantly from the arrangements and control plans agreed, or have ceased to be applied, although production is not discontinued, the type-approval authority shall take the necessary measures, including the withdrawal of the type-approval, to ensure that the conformity of production procedure is followed correctly.