To place a food truck and/or food trailer on the EU market, it needs to fulfill the requirements of Regulation (EU) 2018/858 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles.
A valid Type Approval Certificate issued by any one of the Type Approval Authorities of the EU is required. It is highly recommended for economic operators to contact the granting Type Approval Authority to confirm its validity. For ease of reference, the contact details of the Type Approval Authorities can be found using this link: https://ec.europa.eu/docsroom/documents/48035.
Further details on the Type Approval Certificate template and administrative requirements can be found in Regulation (EU) 2020/683.
No pre–approval is required from the MCCAA – Regulatory Affairs Directorate, as the obligation of placing compliant products on the market is solely the responsibility of the importer. The economic operators should also check with other Authorities as they may require additional documentation than the one specified by the MCCAA.
Equipment installed on the food truck and/or trailer
Regarding the equipment installed on the food truck and/or trailer, it would need to comply with the required EU legislation.
Below is a list of potential legislation which could be applicable to the equipment installed on the food truck and/or trailer:
All manufacturers, including those from outside the EU (such as the UK and other third countries), need to provide retailers and importers in the EU with a declaration of compliance (DoC) for all the materials that will come into contact with the food.
The traceability of materials and articles shall be ensured at all stages in order to facilitate control, the recall of defective products, consumer information and the attribution of responsibility.
With due regard to technological feasibility, business operators shall have in place systems and procedures to allow identification of the businesses from which and to which materials or articles and, where appropriate, substances or products covered by this Regulation and its implementing measures used in their manufacture are supplied. That information shall be made available to the competent authorities on demand.
The materials and articles which are placed on the market in the Community shall be identifiable by an appropriate system which allows their traceability by means of labelling or relevant documentation or information.
All manufacturers, including those from outside the EU, such as the UK and other third countries, need to provide retailers and importers in the EU with a declaration of compliance (DoC). The purpose of the DoC is to confirm that the manufacturer takes full responsibility for the product’s compliance with all applicable legislation. By issuing this declaration, the manufacturer is affirming that the product meets the essential requirements set out in relevant EU legislation and that appropriate conformity assessment procedures have been followed.
It is a legally binding document and serves as the manufacturer’s formal statement of compliance, ensuring traceability and accountability in the market.
Market Surveillance
In terms of market surveillance, MCCAA, in its role as one of the national market surveillance authorities under Regulation (EU) 2018/858, may carry out inspections on food trailers placed on the Maltese market to verify compliance with the applicable requirements. This includes ensuring that a valid EU Type Approval Certificate is available for the trailer and that it corresponds with the physical product. In cases where a trailer is found to be non-compliant or where documentation is not made available upon request, appropriate corrective action may be taken, which may include restriction, withdrawal, or recall of the product from the market.
Economic operators are reminded that they are obliged to retain a copy of the Certificate of Conformity issued by the manufacturer for each trailer and provide it to the MCCAA upon request. Furthermore, any equipment installed inside the trailer, such as cooking appliances, refrigeration units or other systems, must bear the CE marking and be accompanied by the necessary EU Declaration of Conformity, in line with the requirements of the respective product legislation.
In instances where a food trailer is imported into Malta from a third country, Malta Customs may refer the case to the MCCAA for assessment prior to release. In such cases, the MCCAA will request a copy of the Certificate of Conformity for the trailer in line with Regulation (EU) 2018/858, and the relevant conformity documentation for each appliance installed within. Failure to provide such documentation may delay or prevent the release of the trailer by Customs.
