S.L. 427.37 Art. 24CDerogation from the conformity assessment procedures requiring the mandatory involvement of a notified body.

(1) By way of derogation from regulations 16 and 17, the TRD

may authorise, following a duly justified request from an economic operator, the placing on the market in Malta, of a specific safety component for lifts and of a specific lift both referred to in regulation

24A(1), for which the conformity assessment procedures referred to in regulations 16 and 17 which require the mandatory involvement of a notified body, have not been carried out:

Provided that compliance with all the applicable essential health and safety requirements established in these regulations has been demonstrated in accordance with procedures referred to in that 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 lifts or the safety components for lifts subject to the extension of validity of the authorisation referred to in sub-regulation

(1) shall bear the information that they are placed on the market as "crisis-relevant goods". Such information, as well as any labelling shall be clear, intelligible and, where relevant, shall 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) Installers of lifts or manufacturers of safety components for lifts subject to the authorisation procedure referred to in sub-regulation

(1) shall declare on their sole responsibility that the lifts or safety components for lifts concerned comply with all the applicable essential health and safety requirements and shall be responsible for the fulfilment of all the conformity assessment procedures indicated by the TRD.

(5) Any authorisation issued in accordance with sub-regulation (1) shall establish the conditions and requirements under which the lift or safety component for lifts may be placed on the market. Such authorisations shall establish at least the following:

(a) a description of the procedures, by means of which the compliance with the applicable essential health and safety requirements established in Schedule I was successfully demonstrated;

(b) any specific requirements regarding the traceability of the lift or safety component for lifts concerned;

(c) an end date of validity of the authorisation, which shall not 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 lifts or safety components for lifts concerned;

(e) measures to be taken upon expiry or deactivation of the internal market emergency mode with respect to the lifts or safety components for lifts concerned that have been placed on the market.

(6) By way of derogation from regulations 3 and 19, lifts or safety components for lifts for which an authorisation has been granted in accordance with sub-regulations (1) shall not bear the CE marking and regulation 3 shall not apply.

(7) Where an authorisation pursuant to sub-regulations (1) (and

(3) is valid, the TRD shall with respect to such lifts or safety components for lifts, take all corrective and restrictive actions in accordance with the Market Surveillance and Compliance of Products

Regulations and 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 provided in regulations 16 and 17.