S.L. 549.89 Art. 17Authorised representative.

(1) A producer other than a producer who sells EEE by means of distance communication directly to private households or to users other than private households in Malta, and is established in another Member State or third country may, by way of exception to regulation 3(1), appoint a legal or natural person established in Malta as the authorised representative that is responsible for fulfilling the obligations of that producer, pursuant to these regulations in Malta.

(2) A producer who sells EEE by means of distance communication directly to private households or to users other than private households in Malta shall appoint an authorised representative in Malta as the person responsible for fulfilling the obligations in Malta of that producer, pursuant to these regulations, for the EEE being sold on the territory of Malta.

(3) A producer who is established in Malta and who places EEE on the market in any Member State other than Malta by means of distance communication shall comply with the obligations under the Directive in that Member State.

(4) Appointment of an authorised representative shall be by written mandate by means of a declaration as set out in Schedule 11.

(5) Where the provisions of sub-regulation (2) are not complied with, the EEE introduced into the Customs territory of Malta may be seized until that producer complies with the provisions of this regulation.