S.L. 427.23 Art. 24Vehicles, systems, components or separate technical units not in conformity with the approved type.

(1) If the approval authority which has granted an EC

type-approval finds that new vehicles, systems, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the type it has approved, it shall take the necessary measures, including, where necessary, the withdrawal of type-approval, to ensure that production vehicles, systems, components or separate technical units, as the case may be, are brought into conformity with the approved type. The approval authority in Malta shall advise the approval authorities of the other Member States of the measures taken.

(2) For the purposes of sub-regulation (1), deviations from the particulars in the EC type-approval certificate or the information package shall be deemed to constitute failure to conform to the approved type. A vehicle shall not be deemed to deviate from the approved type where tolerances are permitted by the relevant regulatory acts and those tolerances are respected.

(3) If the approval authority demonstrates that new vehicles, components or separate technical units accompanied by a certificate of conformity or bearing an approval mark do not conform to the approved type, it may ask the Member State which granted the EC type-approval to verify that vehicles, systems, components or separate technical units in production continue to conform to the approved type. On receipt of such a request, the Member State concerned shall, in conformity with the Directive, take the requisite action as soon as possible and in any case within six months of the date of the request.

(4) (a) The approval authority shall request the Member State which granted the system, component, separate technical unit or incomplete vehicle type-approval to take the necessary action to ensure that vehicles in production are brought back into conformity with the approved type in the following cases:

(i) in relation to an EC vehicle type-approval, where the non-conformity of a vehicle is attributable exclusively to the non-conformity of a system, component or separate technical unit;

(ii) in relation to a multi-stage type-approval, where the non-conformity of a completed vehicle is attributable exclusively to the non-conformity of a system, component or separate technical unit being part of the incomplete vehicle, or of the incomplete vehicle itself.

(b) On receipt of such a request, the Member State concerned shall, in conformity with the Directive, take the requisite action, if necessary in conjunction with the approval authority in Malta making the request, as soon as possible and in any case within six months of the date of the request. Where a failure to conform is established, the approval authority of the Member State which granted the system, component or separate technical unit EC type-approval or the approval of the incomplete vehicle shall take the measures set out in sub-regulation (1).

(5) The approval authority shall inform the other approval authorities within twenty working days of any withdrawal of EC type-approval and of the reasons therefor.

(6) If the Member State that granted EC type-approval disputes the failure to conform notified to it, the Member States concerned shall, in conformity with the Directive, endeavour to settle the dispute. The Commission shall be kept informed and, where necessary, shall hold appropriate consultations with a view to reaching a settlement.