S.L. 427.23 Art. 26Recall of vehicles. S.L. 427.55

(1) Where a manufacturer who has been granted an EC vehicle type-approval is obliged, in application of the provisions of a regulatory act or of product safety legislation or the Act or the Further Provisions for Product Withdrawal and Recall Regulations, to recall vehicles already sold, registered or put into service because one or more systems, components or separate technical units fitted to the vehicle, whether or not duly approved in accordance with these regulations, presents a serious risk to road safety, public health or environmental protection, such manufacturer shall immediately inform the approval authority that granted the vehicle approval thereof.

(2) In case the EC vehicle type-approval was granted by the approval authority, the manufacturer shall propose to the approval authority a set of appropriate remedies to neutralise the risk referred to in sub-regulation (1). The approval authority in Malta shall communicate the proposed measures to the authorities of the other Member States without delay.

(3) If the measures are considered to be insufficient by the authorities concerned or have not been implemented quickly enough, they shall inform the approval authority that granted the EC vehicle type-approval without delay. The approval authority shall then inform the manufacturer. If the approval authority which granted the EC type-approval is itself not satisfied with the measures of the manufacturer, it shall take all protective measures required, including the withdrawal of the EC vehicle type-approval where the manufacturer does not propose and implement effective corrective measures. In case of withdrawal of the EC vehicle type-approval, the approval authority shall notify the manufacturer, the approval authorities of the other Member States and the Commission by registered letter or equivalent electronic means within twenty working days.

(4) This regulation shall also apply to parts that are not subject to any requirement under a regulatory act.