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MCCAA
  • Home
  • About Us
    • About the MCCAA
    • Quality Policy
  • Entities
    • Office for Competition
    • Office for Consumer Affairs
    • Technical Regulations Division
    • Standards and Metrology Institute
  • Communication
    • News
    • Events
    • Publications
    • Consultation
    • Procurement
  • Vacancies
  • Tribunal
  • ECC
Last updated on 12 Jan, 2022

Frequently Asked Questions

 

This FAQs webpage is not legal advice but only general information, since each case is to be considered on its own merits and circumstances.

Other queries may be sent on the CONTACT US online form to be replied on a case-by-case basis. 

COVID-19 - When shall I be entitled to receive the refund in these unavoidable and extraordinary circumstances?

The package organiser is to refund you without undue delay and not later than 14 days after the package travel contract is terminated. However, this 14-day limit does not apply when the package termination occurred or occurs between the 1st of March 2020 and 31st May 2020 (both dates included). In such instances the refund shall be paid by the package organiser by not later than 6 months, from the date that the package travel contract was terminated.

COVID-19 - Can I terminate the package travel contract before the start of the package without paying any termination fee due to the COVID-19 outbreak?

If due to the COVID-19 outbreak your package holiday has been either cancelled or significantly altered, then as per the Package Travel and Linked Travel Arrangements Regulations, you have the right to terminate the package travel contract without paying any termination fee. In these circumstances, consumers are being encouraged to discuss with their travel agent about the possibility of postponing their holiday to a later date. In situations, where such postponement is not a viable option, consumers may insist on a full refund of the money paid for the package holiday. If the request for refund is denied, consumers may lodge an official complaint with the MCCAA.

COVID-19 - Following the closure of places open to the public by the Health Authorities it is now impossible to hold my wedding this Spring/Summer. Can I ask for the cancellation of the agreement and the refund of the deposits I have paid for the wedding services booked?

In these circumstances, consumers are encouraged to discuss with the traders providing the wedding services possible alternative arrangements. Should you not manage to reach an agreement on an alternative date when the wedding service can be provided, then you may request a refund of the deposit paid. If the trader refuses your request you may seek the assistance of the Office for Consumer Affairs by filling the CONTACT US online form. 

If you decide to postpone the wedding and you agree with the service provider on an alternative date, it is important that the new agreement is made in writing. In these situations, it is better to cancel the original agreement and draw up a new one.

COVID-19 - I have a credit note which is due to expire next week. At present, as per closure order issued by the Superintendent of Public Health, the shop is closed. Since I am unable to use the voucher does this mean that I will lose my voucher if by the time the shop re-opens my voucher would have expired?

Consumers who have credit notes or vouchers that are due to expire within the coming days or weeks are guided to communicate in writing with the retail outlet and confirm that the remaining valid days of these vouchers will be automatically extended once the closure order is withdrawn. Should the seller refuse to accept these vouchers then consumers may lodge a complaint with the Office for Consumer Affairs.

COVID-19 - A few months ago, I booked a venue for a baby shower and I paid a €50 deposit. We were meant to have the party on the 29th of March 2020 but as all restaurants were closed, we had no option but to cancel the party. The owner of the restaurant is willing to give us a credit note for the value of the deposit paid which can be used for an indefinite period on another event in the future. They are however not willing to give us our deposit back. I would like to know if I am entitled to claim a refund of the deposit that has been paid?

This is an unprecedented situation where it is no one’s fault that the party could not be held on the agreed date. In such situations, consumers are encouraged to discuss possible alternative solutions with the traders. Ideally the request for refund is the last resort.

If, however you do not have any use of the credit note and would like a refund you are advised to write to the restaurant and request a refund. If your request is denied you may then lodge a complaint with the Office for Consumer Affairs.

COVID-19 - I ordered kitchen appliances, however trader informed me that the order is going to be delayed. Can I refuse to take the goods and ask the trader for a refund?

Consumers who have goods ordered and are experiencing delays, unless they require the goods urgently or the delay is causing them a significant inconvenience, are kindly advised to take into consideration the current extraordinary circumstances and allow an additional period of time when the delivery can be made. In situations where consumers are not in a position to wait longer for the ordered goods are advised to inform sellers accordingly and request a refund. No administrative or other expenses can be charged to consumers when exercising their right for refund.

COVID-19 - A few days ago, I went shopping for some clothes. Since due to the Public Health Authorities instructions I could not use the shop’s changing rooms to try on the clothes, I asked the salesperson if I could try the clothes at home and return them if they don’t fit well. The salesperson said that I could return the clothes, but I cannot ask for a refund. I can either opt to exchange the clothes with something else or I can ask for a credit note. Is it true that in this situation I am not entitled to a refund?

Consumers are only legally entitled to cancel a sale and request a refund when a purchase is either made through a distance means of communication or off premises. When products are purchased from retail outlets, unless these result defective or do not conform to the original sales agreement, consumers do not have the legal right to cancel a sale and request a free remedy from the seller. In such situations, sellers are free to adopt any voluntary return policies they deem fit. Furthermore, certain items such as underwear, swimwear, make-up and earrings, may be excluded from a shop’s return policy due to hygiene reasons. It is hence very important that before concluding a sale, consumers check whether they can return the item, and if yes, what are the applicable terms and conditions.  This to ensure that consumers make an informed purchase decision.

COVID-19 - My flight has been cancelled by the airline. What are my rights?

When a flight is cancelled, the Air Passenger Rights Regulations stipulate that the airline must offer its passengers a choice between a voucher to be used within a reasonable time-frame and a refund. In these cases, as the cancellation of the flight would be required due to extraordinary circumstances, the additional compensation for inconvenience suffered does not apply.

While in the current extraordinary circumstances, consumers are encouraged to be flexible and to whenever possible opt for vouchers, those consumers for whom vouchers are not a viable option, may request a refund.

If the airline does not communicate with you to provide you with the above mentioned remedies, you are advised to write to the concerned airline with your request and if you do not receive a reply within a reasonable time, you may then contact the MCCAA.

COVID-19 - I would like to know what my rights are as my travel plans have been disrupted. I was supposed to take a flight in a few days’ time but given the current situation all outbound flights have been cancelled. Am I entitled to a refund of the flight ticket?

When a flight is cancelled, and therefore not operated by an airline, the Air Passenger Rights Regulations stipulate that the airline must offer passengers a choice between a refund of the flight ticket or re-routing. If the airline offers a voucher, this offer does not affect the passengers’ right to opt for a reimbursement instead.

In these cases, as the cancellation of the flight would be required due to extraordinary circumstances, the additional compensation for inconvenience suffered, does not apply.

If the airline does not communicate with you to offer rescheduling or reimbursement of the flight ticket, you may send your complaint at: airpassengerrights.mccaa@mccaa.org.mt for further information and assistance.

OCA - I purchased a handbag, and soon after its straps broke. What kind of remedy am I entitled to request?

The remedies the Consumer Affairs Act provides when the goods purchased are not fit for their purpose or do not show the quality and performance which are normal in goods of the same type, are repair or replacement. When these two remedies are not possible, consumers may opt to cancel the contract of sale and ask for a part or full refund of the money paid. If the seller refuses to provide you with the above-mentioned remedies you may file a complaint with the Office for Consumer Affairs.

OCA - I would like to know what is considered ‘reasonable time’ for a product to be repaired under warranty?

The Consumer Affairs Act does not specify the exact period of time a seller may take to check and repair a defective product. However, if the remedy opted for by the seller causes a significant inconvenience to the consumer, then the latter may refuse the remedy chosen by the trader and opt for a different remedy. If no agreement is reached then the consumer may file a complaint with the Office for Consumer Affairs.

OCA - I bought an oven with a two-year guarantee. While the guarantee was still valid the oven was repaired twice for the same fault. Now the guarantee has expired and the oven is once again faulty. Should I pay for the repair? What are my rights?

Since the legal and commercial guarantees are both expired, you are no longer entitled to claim a free of charge remedy from the seller. This despite the fact that the product has developed the same fault while the guarantee was still valid.

OCA - Does the cooling off period apply when signing a contract for a telecommunications service?

If the telecommunications’ contract was concluded at the trader’s premises then the cooling-off period does not apply and hence consumers cannot cancel the contract without a valid reason. If the consumer decides to cancel the contract he/she may incur penalty charges as stipulated in the contract of sale. On the other hand, if the contract was concluded through a distance means of communication, such as via telephone or through the internet, or off the trader’s premises, such as for instance concluded at the consumer’s house or in the street, then a cooling off period of 14 days applies and consumers may opt to cancel the sale without incurring additional charges.

OCA - My daughter paid a deposit on a wedding dress. Unfortunately, the wedding has been cancelled and my daughter decided to cancel the order of the dress. The seller is refusing to cancel the order and wants my daughter to take the dress and pay the whole amount due. All my daughter has is an invoice with the amount of deposit paid and the outstanding balance due. Is it true that my daughter cannot cancel the order?

Legally when a sales agreement is made, both parties are obliged to honour their part of the agreement. If the consumer decides not to proceed with the sale, he/she does not only risk losing the deposit paid but may also be obliged to continue with the sale. In this particular situation the trader may argue that the wedding dress has been booked and reserved for your daughter and that he may not be able to resell it to someone else. Hence, unless your daughter manages to reach an understanding with the trader, legally she is obliged to continue with the purchase of the wedding dress.

OCA - I have recently purchased a camera for the price of €125. After a few days a friend of mine bought the same camera from another shop for €99. Am I entitled to complain about this overcharging? Are there any regulations regarding the pricing of products?

The Price Indication Regulations stipulate that products offered for sale must be clearly indicated with a price so that consumers can make an informed decision. Hence, as long as the shop from where you purchased the camera clearly indicated the price of the product for sale, the seller did not break any law for selling it at a higher price than his competitor. Sellers operate in a free market economy which means that there is no control on how much products are sold or how much profit sellers can make when selling a product. Hence, you have no legal right to claim compensation for the difference in price from your seller.

OCA - I bought a motorized bed and a month before the guarantee expired the motor went dead and it was changed as per guarantee. I asked the supplier to provide me with a new guarantee for the replaced motor but my request was refused. What are my rights if the new motor results faulty after the original guarantee expires?

When a product or part of it is replaced under guarantee, the guarantee does not start all over again but the original guarantee continues. This means that once the original guarantee expires, if the replaced part develops a fault, the consumer cannot claim a free of charge remedy from the seller.

OCA - I would like to enquire whether the guarantee for white goods products should be for a minimum period of two years as per EU laws?

All types of products that consumers purchase are covered by a two year legal guarantee. This guarantee is not given in writing by the seller when the purchase is concluded, but it automatically applies on presentation of the proof of purchase. The legal guarantee gives consumers the right to claim a free of charge remedy when the product purchased either results defective or does not conform to the contract of sale. When consumers report a fault, the two-year period is suspended for the duration of negotiations carried on between the trader and the consumer with a view to an amicable settlement.

Besides the legal guarantee, consumers are sometimes also given a commercial guarantee by the seller. This is a voluntary guarantee issued by sellers which covers spare parts and labour costs for a given period of time. However, commercial guarantees cannot diminish the rights consumers have at law. This means that when a commercial guarantee is given for a period of time that is less than two years, the two-year legal guarantee still applies if the product is defective or does not conform to the contract of sale.

OCA - I paid a deposit on a bedroom set and the agreed delivery date was six weeks from date of order. When the delivery was due the seller informed me that the bedroom’s shipping has been delayed and that it will arrive six weeks after the agreed date. I can’t wait for another six weeks as I urgently need the new bedroom. What are my consumer rights in this situation?

When goods are ordered and sellers do not honour the agreed delivery date written on the sales agreement, consumers have the right to cancel the order and be refunded of any money paid when placing the order. Furthermore, consumers may claim compensation for any additional expenses incurred due to the fact that the sale agreement was not honoured by the seller.

OCA - Almost six months ago I purchased a Point of Sale software from a local company. Some time ago I started having issues with the software and to-date have not been resolved. The supplier keeps telling me that he is checking about the problem but he has not yet managed to resolve it. What are my rights? Can I ask for a refund?

Since a Point of Sale software is purchased to be used in a shop/business premises, such sales transactions are business-to-business and therefore not covered by the provisions of the Consumer Affairs Act. This means that the legal remedies provided by this Act cannot be applied in your case and the Office for Consumer Affairs cannot intervene to help you reach an amicable solution with the supplier. You may wish to consult a lawyer to be advised on your legal rights and on the remedies, you may request from the supplier.

OCA - I have purchased four one-way tickets to travel to England in August. These tickets were bought to attend an event which has now been postponed to next year. In view of this I contacted the airline to try and change the flight tickets dates or to cancel the booked flights and get a refund or a credit note. I was informed that to change the dates of the flights I had to pay an additional fee of €45 for each flight changed. It is to be noted that the same airline has recently announced an offer that allows its passengers who have booked their flights after a specific date to change the date and destination of their flights at no extra cost. However, since my flights were booked before this date I was informed that I am not eligible for this offer. I feel that this is unfair. What are my rights?

The Air Passenger Rights Regulations provide air passengers with the legal right to choose between free replacement or money refund when a flight is either cancelled by the airline or cannot be operated due to an extraordinary circumstance. In your case, since the flights booked are not cancelled, the airline is not legally obliged to offer you these remedies. 

The airline’s offer with regards to flights booked after a specific date is a voluntary promotional offer that goes beyond the airline’s legal obligations. Hence, the airline is free to apply the terms and conditions it deems appropriate for the eligibility of such offers.

OCA - A few days ago my connected flight was delayed by over 20 hours. Initially, we were informed that due to mechanical issues the flight will be leaving a bit late. Then the airline announced that the delay will be of a few hours because of a bird strike. Finally, we were told that the delay would exceed 20 hours. Since I was travelling on a business trip and could not wait for so long, I had no other option but to book an alternative flight with another airline. I have emailed the airline to claim compensation for the long delay and for the alternative flights which I had to book. However, the airline has denied my claim for compensation as it is arguing that the delay of the flight was caused by extraordinary circumstances outside the airline’s control. I would like to know if this is really the case and if not what my legal rights are?

When flights are delayed for five hours or longer, the airline is obliged to give its passengers the option of cancelling the flight booking and hence issue them with a full refund of the unused ticket. The airline may also offer its passengers the option of an alternative flight to their destination. However, if the alternative flight does not meet the passengers’ needs, the latter may refuse the proposed flight and request a refund.

Hence, in your case, when the airline informed you that the delay would exceed five hours you should have been given the option not to use your flight ticket and be refunded of the money paid. If the airline has not yet refunded you the price paid for the unused tickets, you need to submit a formal complaint with the airline by filling in the EU complaint form. You need to give the airline a timeframe of 6 weeks to reply to your complaint. If you are not satisfied with the outcome of your claim, you may then submit an official complaint with the MCCAA by sending the details of your complaint at: airpassengerrights.mccaa@mccaa.org.mt.

With regards to the financial compensation for the delay, since the airline has already rejected your claim you can send your complaint at airpassengerrights.mccaa@mccaa.org.mt so that the MCCAA can confirm whether the flight delay was really due to an extraordinary circumstance. If it wasn’t then you should be entitled to a financial compensation that can vary from €250 to €600 depending on the distance from the airport where your flight was cancelled and your final destination.

OCA - A year ago, I bought tiles for my bathroom from a local seller and I hired a tile layer to install these tiles. Recently I noticed that some of the floor tiles are scratched and some of the wall tiles are stained. I reported the problem to the seller who advised me to clean the wall tiles with thinner. I did as instructed but could not remove the stains. With regards to the floor tiles the seller argued that the tiles must have been scratched either by someone wearing heels or with something sharp that could have been dragged on the tiles. At this point I was told not to walk on the tiles with heels as the type of tiles I have can get scratched with heels. When I purchased the tiles, this information was not provided to me. If I was informed about this I would have never chosen to buy this specific type of tiles. The tiles I had before I changed the bathroom did not get scratched with heels and I used these tiles for over 30 years. When I argued this with the seller, the latter told me that the type of tiles that are being manufactured today are of a much lower quality. The only remedy the seller offered me was that of providing me with a number of tiles free of charge to replace the scratched and stained tiles. However, I will have to pay for the labour cost to remove the damaged tiles and lay the new ones. I am afraid that if I accept to replace the damaged tiles the same problem will recur after some months. Furthermore, I do not think that it is fair that I should pay for the tile layer when the reason for replacing the tiles is because the tiles are defective. Another problem with these tiles is that when cleaning them I cannot use any detergents but only water as detergents stain the tiles. I do not feel that I am getting good value for the money I spent on these tiles. What kind of remedy am I entitled to claim?

As a consumer the law entitles you to claim a free remedy from the seller when the product sold to you does not “show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect given the nature of the goods.” Furthermore, the law states that goods sold to consumers must be fit for the purpose for which goods of the same type are normally used. Hence, if the tiles sold to you are of inferior quality and hence not fit for purpose, then the seller must provide you with a free remedy.

If you accept to replace the damaged tiles then all costs related to the work involved to replace the tiles must be paid by the seller. If this solution will not solve the problem, as the type of tiles sold to you are not fit for purpose, then you may request to either have all the tiles replaced free of charge with tiles of the same value as the ones originally purchased or claim a refund of the money spent on the tiles including the expenses related tile-laying.

Should the seller refuse to provide you with an appropriate solution, then you may lodge a complaint with the Office for Consumer Affairs within the Malta Competition and Consumer Affairs Authority.

OCA - Eighteen months ago, I bought a heat pump from a local seller. Recently the pump stopped working and the company’s technician came to my house to see what the problem was. Upon checking the pump, he informed me that since I have a water pump I will need to set up a timer for the heat pump to work properly. A few days after I received a bill for the technician’s visit. I called the company to check what the bill was about and I was informed that since the heat pump was not defective I have to pay for the technician’s visit. When I reported the problem with the heat pump no one informed me that I may have to pay for the technician’s visit. Furthermore, even though the heat pump was not technically faulty, it still wasn’t working properly and hence I needed the technician’s advice on the matter. Am I legally obliged to pay for the technician’s visit?

Since the heat pump was still under warranty when it stopped working, upon reporting the fault the company’s representative should have clearly informed you that if the pump’s fault does not result to be a latent defect then you will have to pay for the technician’s visit. In this case you should also have been informed about the applicable fee.

Furthermore, if when you purchased the heat pump you were not informed that if you have a water pump you needed to install a timer with the heat pump, then you may argue that the pump was not working well because the seller did not provide you with this important information at the time of sale. Hence, in this case the liability of the heat pump not working well is still on the seller.

You should therefore inform the seller that as per your rights under the Consumer Affairs Act, since the pump was not working well you were legally entitled to a free remedy. If the seller insists that you should pay the technician’s fee you may then lodge a complaint with the Office for Consumer Affairs.    

OCA - Around three weeks ago I purchased a toy from a local shop which after the very first time my child played with it, developed a fault. I immediately returned the toy to the seller who informed me that he already had a similar complaint from another consumer but when he referred the matter to the agent, the latter refused responsibility and did not accept to provide a remedy. The seller told me that since the agent is not accepting the damaged toys back he cannot do anything. Is the seller right in saying that he is not responsible? Is there anything I can do to have this faulty toy replaced or request a refund of the money paid?

The Consumer Affairs Act clearly stipulates that it is the trader with whom the contract of sale has been concluded who is liable to provide a remedy to consumers. Hence, in this case, although the agent is not accepting to provide a remedy for damaged toys, as a consumer you may still insist to have the damaged toy repaired or replaced free of charge by the seller. This, as long as, you are still in possession of the proof of purchase.

The seller may then take legal action against the agent for any financial costs he incurred to provide consumers with the remedies as stipulated in the Consumer Affairs Act.

At this point, since the seller has already refused to provide you with a remedy, you need to make your complaint to the seller in writing, either through a registered letter or an email. In this correspondence you should include the details of your complaint and request to have the damaged toy repaired or replaced at no additional cost. If these remedies are not possible or may cause you a significant inconvenience to be carried out, you may then opt to cancel the sale and request a refund.

Should the seller refuse to provide you with an acceptable remedy then you may lodge a complaint with the Office for Consumer Affairs.

OCA - I ordered a mirror online from a local seller. Upon delivery, I noticed that the mirror’s frame was not as per the picture I have seen on the seller’s website. While it was essentially the same item, the mirror’s frame was not as detailed and beautiful as I thought it was. Even the quality of the product was not as I expected it to be. Since the mirror was purchased online I would like to confirm whether I am entitled to 14 days cooling off period? If this is the case, am I entitled to a cash refund? When I asked the seller for a refund, I was informed that I am only entitled to a credit note. Please advise.

When consumers buy goods through a distance means of communication, such as for instance online or over the phone, as per the Consumer Rights Regulations they are entitled to a 14-day withdrawal period. The 14 days commence from the day the ordered goods are delivered to consumers. During this time, consumers can change their mind, cancel the sale and request a full refund of the money paid. The only cost consumers may incur is that of returning the unwanted product to the seller. This cost, however, may only be imposed when sellers inform consumers about it before the contract of sale is concluded.

In view of the above, if during the 14-days cooling-off period you informed the seller in writing about your decision to cancel the contract of sale, you are entitled to a full refund of the money paid for the mirror. If the seller refuses to refund you your money, you may then lodge a complaint with the Office for Consumer Affairs.

OCA - Earlier this year I purchased a gaming chair from a local seller. After four months of use, the chair broke down. As the chair could not be repaired, the seller reluctantly accepted to replace it with a similar model. Now, four months later, the replaced chair also broke down and it broke from the same spot as the first chair. It is clear that the chair’s model is of a low quality. I would like to know what my rights are in this situation. Can I return the chair to the seller and request a refund?

Consumer legislation stipulates that goods sold to consumers must be fit for the purpose for which goods of the same type are normally used and must also show the quality and performance which are normal in goods of the same type. Hence, if the gaming chair’s defect is due to low quality material and has not been caused by misuse, you may request a remedy from the seller.

Since in this case neither repair nor replacement would provide an adequate solution, you may request to terminate the sales contract and claim a refund of the money paid. It is important that you make your request in writing and if you do not reach an amicable agreement with the seller, you may then lodge a complaint with the Office for Consumer Affairs.

OCA - Less than a week ago we bought a fridge-freezer at a discount from a local seller. Problems cropped up soon after installation as the fridge’s cooling functions were not working. We immediately called the seller who sent his technician to check it. He informed us that the fridge needs to be replaced. Since the model we purchased was the last one, the seller could not offer to replace it with the same model. Instead we were offered another fridge-freezer at a much higher cost. The models that were within our price range did not have the capacity and style that we wanted. We would like to know if we are obliged to choose another model or if we can request a full cash refund?

The Consumer Affairs Act stipulates that when a product results defective, sellers are obliged to provide consumers with a free repair or replacement. When neither of these two solutions are possible, or if opted for may cause a significant inconvenience to consumers, then consumers are entitled to claim a refund of the money paid for the defective product. In view of this, if the fridge-freezer can neither be repaired nor replaced, then you are entitled to terminate the contract of sale and request a full refund.

You need to make your request for refund in writing and if the problem is not resolved with the seller, then you may lodge a complaint with the Office for Consumer Affairs.

OCA - I am thinking of buying a second-hand car from a dealer and would like to know whether I am entitled to request a guarantee from the seller?

When consumers purchase goods from professional traders, their purchase is protected by the provisions of the Consumer Affairs Act. This legislation defines goods as any movable property, whether tangible or intangible, and does not exclude second-hand goods. Hence, since the car will be purchased from a dealer and not an individual, the two-year protection provided by this legislation applies.

This protection gives consumers the right to claim a free remedy from sellers if the product purchased does not conform with the description and specifications in the contract of sale. In other words, you may be entitled to a free remedy if the car sold to you:

  • does not possess the characteristics, features and qualities promised to you by the trader; or
  • is not good for the purpose for which goods of the same type are normally used or for the purpose for which you require the car and had informed the seller about when concluding the sales agreement; or
  • does not show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods and taking into account any public statements on the specific characteristics of the goods made about them by the trader.

 

It is however important that when buying second-hand cars, consumers keep in mind that these are used products and if they result defective, it may be difficult to prove that the defect was hidden and not the result of normal wear and tear, which defects are not covered by consumer legislation.

To ensure that the car purchased is in a good working condition, consumers are advised to have the car checked by a trusted mechanic before concluding the sale. It is also advisable to opt to buy from sellers who are willing to give a voluntary commercial guarantee with the purchased car.

TRD - Biocides - What are the national rules applicable for registration of biocidal products in Malta?

Biocidal products containing under review active substances must be notified in Malta before being made available on the market. The documents required for notification are as follows;

  • Filled in and signed application form
  • REACH and CLP compliant Safety data sheet (SDS) of the product
  • REACH and CLP compliant SDSs of the individual hazardous substances found in section 3 of the product’s SDS
  • Scanned or PDF copy of the product label (compliant with CLP and local language labelling requirements)
  • Evidence that the active substance in the product originates from an approved supplier found on the Article 95 List. This evidence may be in the form of a recent invoice, a letter from the supplier or a self-declaration form

TRD - How long does it take for a notification application to be processed and what are the costs involved?

The time taken depends on the current workload at the CA and the quality of the documents submitted, but in general does not take longer than 1-2 weeks. A notification is currently associated with a fee of €25 and is valid for 2 years, and is renewable for €10.

TRD - What languages are required on the labelling of biocidal products in Malta?

The languages required depend on the product type to which the biocidal product belongs and to the category of users for which the biocidal product is intended. The language labelling requirements are set out in the Schedule of L.N. 348/2013 and are as follows;

Product Type (PT) (According to Annex V of Regulation (EU) No 528/2012)

Language Requirements

PT 1

Maltese or English

PT 2

Maltese or English

PT 3

Both Maltese and English*

PT 4

Maltese or English

PT 5

Maltese or English

PT 6

Maltese or English

PT 7

Maltese or English

PT 8

Maltese or English

PT 9

Maltese or English

PT 10

Both Maltese and English*

PT 11

Maltese or English

PT 12

Both Maltese and English*

PT 13

Maltese or English

PT 14

Both Maltese and English*

PT 15

Both Maltese and English*

PT 16

Both Maltese and English*

PT 17

Both Maltese and English*

PT 18

Both Maltese and English*

PT 19

Both Maltese and English*

PT 20

Both Maltese and English*

PT 21

Maltese or English

PT 22

Maltese or English

*Either Maltese or English may be used if the product is intended for professional use only

TRD - Which are the biocidal products notified or authorised for use in Malta?

The database containing registered biocidal products can be found online on our website, or will be provided on request via email.

TRD - Is my product a biocidal product?

Biocidal products are used to control unwanted organisms that are harmful to human or animal health, or that cause damage to human activities. These harmful organisms include pests (e.g. insects, rats or mice) and microorganisms (e.g. moulds or bacteria).

Biocidal products include: insecticides (except those used for plant protection purposes which are regulated by Regulation (EU) No 1107/2009), insect repellents, disinfectants, preservatives for materials such as wood, plastics and fibres, anti-fouling paints for the protection of ship hulls (text from https://ec.europa.eu/health/biocides/policy_en).

It may not be immediately evident whether a product is a biocidal product or not. In cases of doubt, such as may be the case with borderline products such as medicines, cosmetics and cleaning chemicals, you can ask the Maltese Helpdesk, whilst providing information such as the Safety Data Sheet of the product and a copy of its labelling.

TRD - I have seen products on the market incorrectly labelled and/or in a language which is not Maltese or English. What should I do?

Products not registered with the MCCAA or not labelled as according to the labelling requirements can be reported to the Market Surveillance Directorate at the MCCAA, which can be contacted at +356 23952000.

TRD - If a biocidal product is not authorised for use in Malta, am I allowed to buy one or two units exclusively for personal use only?

According to Article 17 of the Biocidal Products Regulation, biocidal products ‘shall not be made available on the market or used unless authorised in accordance with [the] Regulation’. The Regulation makes no distinction between personal or non-personal use and thus a product cannot be used for personal use if it is not authorised as according to the BPR.

TRD - Chemicals - When is REACH registration required?

REACH registration with ECHA is required when a substance is manufactured or imported in volumes at or above 1 tonne per year.

TRD - What is required to be shown on the labels of hazardous chemicals?

A substance or mixture classified as hazardous and contained in packaging shall bear a label including the following elements:

  1. The name, full address and telephone number of the supplier(s)
  2. The nominal quantity of the substance or mixture in the package made available to the public, unless this quantity is specified elsewhere on the package
  3. Product identifiers as specified in Article 18 of the Regulation (EC) No. 1272/2008
  4. Hazard pictograms, where applicable
  5. Signal words, where applicable
  6. Hazard statements, where applicable
  7. Precautionary statements, where applicable
  8. Supplemental information, where applicable

TRD - Cosmetics - What is required to be presented on a cosmetic product label?

Cosmetic products labels must have the following:

  1. The name or registered name and the full EU address of the responsible person. The country of origin shall be specified for imported cosmetic products.
  2. The nominal content (by weight or by volume)
  3. The durability sign (not required for products with a minimum durability of more than 30 months)
  4. Particular precautions
  5. Batch number
  6. Function of cosmetic products
  7. A list of ingredients (the ingredients list should be written using the international nomenclature for cosmetic ingredients (INCI)

TRD - What are the accepted languages to be used on cosmetic product labels?

Cosmetic product labels must be in either English and/or Maltese. Safety data sheets (SDSs) must be either in English or Maltese.

TRD - When is a cosmetic product required to be notified?

A cosmetic product needs to be notified through the cosmetic products notification portal (CPNP) when manufactured in an EU country for the first time and/or when imported from outside the EU to an EU country for the first time.

TRD - Detergents - What are the accepted languages to be used on detergent product labels?

Detergent product labels must be in either English and/or Maltese.

Safety data sheets (SDSs) must be in Maltese, English or Italian.

TRD - Fertilisers - What is an EC fertiliser?

An EC fertiliser, which by definition is a material whose main function is to provide nutrient to the plants, is a fertiliser belonging to a type of fertilisers listed in Annex I of the Regulation (EC) No. 2003/2003 relating to fertilisers and complying with the conditions laid down in this Regulation. The designation “EC Fertiliser” shall not be used for a fertiliser which does not comply with this Regulation.

TRD - PPPs - What is a plant protection product?

A plant protection product is a 'pesticide' that protect crops or desirable or useful plants. They are primarily used in the agricultural sector but also in forestry, horticulture, amenity areas and in home gardens. They contain at least one active substance and have one of the following functions:

  1. protect plants or plant products against pests/diseases, before or after harvest
  2. influence the life processes of plants (such as substances influencing their growth, excluding nutrients)
  3. preserve plant products
  4. destroy or prevent growth of undesired plants or parts of plants

It may also contain other components including safeners and synergists. EU Member States authorise plant protection products on their territory and ensure compliance with EU rules.

TRD - What is an active substance?

An active substance is any chemical, plant extract, pheromone or micro-organism (including viruses), that has action against 'pests' or on plants, parts of plants or plant products. Before an active substance can be used within a plant protection product in the EU, it must be approved by the European Commission. Substances undergo an intensive evaluation and peer-review by Member States and the European Food Safety Authority before a decision can be made on approval.

TRD - How are PPPs and active substances regulated?

Plant protection products and active substances are regulated by Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market in the EU and laying down the rules and procedures for authorization of products.

TRD - How are active substances approved?

The Commission evaluates every active substance for safety before it reaches the market in a product. Substances must be proven safe for people's health, including their residues in food and effects on animal health and the environment. Procedure for approval is as follows:

  1. Application to an EU country called Rapporteur Member State (RMS);
  2. RMS verifies if the application is admissible;
  3. RMS prepares a draft assessment report;
  4. EFSA issues its conclusions;
  5. Standing Committee for Food Chain and Animal Health votes on approval or non-approval;
  6. Adoption by the Commission;
  7. Publication of a Regulation in the EU Official Journal.

Under the new EU rules, it takes 2.5 to 3.5 years from the date of admissibility of the application to the publication of a Regulation approving a new active substance.

TRD - Type Approvals - Which products does the type approval legislation apply to?

The products which are regulated by type approval legislation are:

  • Motor Vehicles
  • Two- and Three-Wheel Vehicles and Quadricycles
  • Tractors
  • Engines installed in Non-Road Mobile Machinery

TRD - What is a Type Approval Certificate?

A Type Approval Certificate is a document granted to the products mentioned above if they meet the applicable technical and safety requirements listed in either the EU Directives or Regulations or in the recognized UNECE Regulations which the EU has acceded to. A Type Approval Certificate is required before the mentioned products can be made available on the EU market. 

TRD - How does the Whole Vehicle Type-Approval System work?

A manufacturer can obtain certification for a vehicle type in one EU country and then market it EU-wide without the need for further tests. This system significantly contributes to the completion of the single market in the automotive sector.

TRD - What is a Type Approval Authority?

A Type Approval Authority is the authority of a Member State which issues Type Approval Certificates and handles all aspects related to the process of issuing such certificates.  A Type Approval Authority is also responsible for designating the Technical Service and for ensuring that the manufacturer meets his obligations regarding the conformity of production.

TRD - What is a Technical Service?

A Technical Service is a body which is designated by the Type Approval Authority of a Member State as a testing laboratory to carry out tests, or as a conformity assessment body to carry out the initial assessment and other tests or inspections, on behalf of the Type Approval Authority.

TRD - When shall the EC Type-Approval Mark be affixed to the vehicle?

The manufacturer of a component or separate technical unit shall affix the EC type-approval mark to each component or unit which is manufactured in conformity with the approved type as required by the applicable legislation.  Where no EC type-approval mark is required, the manufacturer shall affix at least his trade name or trade mark, and the type number and/or an identification number.

TRD - What is a Certificate of Conformity?

A Certificate of Conformity is a document which is issued by the manufacturer and certifies that the vehicle complied with all regulatory acts at the time of its production. The manufacturer shall deliver a Certificate of Conformity to accompany each vehicle that is manufactured in conformity with the approved vehicle type.

TRD - Where can I find more information on type approvals?

More information on the applicable legal requirements for the following sectors can be found in the links below:

Motor Vehicles

Two- and Three-Wheel Vehicles and Quadricycles

Tractors

Engines installed in Non-Road Mobile Machinery

TRD - Lifts - Is it obligatory to register the lift with the MCCAA?

Yes, all lifts should be registered with the MCCAA as per LEGAL NOTICE 231 of 2007.

TRD - How can I check if the lift is registered with the MCCAA or not?

Registered lifts are listed online on the MCCAA website.

You may also call the MCCAA on 23952000 providing the residing address and the serial number indicated in the lift cabin.

TRD - How can we register the lift with MCCAA?

If the lift was installed and put into service before 1st July 2002, defined as per Legal notice 231 of 2007 as an ‘existing lift’, the responsible person/s/administrator shall register the lift with MCCAA.

If the lift was installed and put into service after 1st July 2002, defined as ‘New lift’, the installer is responsible to register the lift.

TRD - Is there a fee applicable to register a lift with MCCAA?

Yes, the fee is of €10 payable to MCCAA by cheque or by bank transfer (40019986609).

TRD - Will the MCCAA provide a registration certificate for the lift is registered?

Yes, once the application is processed and details are verified, a unique registration certificate for that particular lift is issued by MCCAA. The certificate will be sent by registered post to the address provided on the application. A list of approved ACABs (Authorised Conformity Assessment Body) is mailed together with the certificate.

TRD - What is an ACAB?

An ACAB (Authorised Conformity Assessment Body) is a body designated according to the Method for Designating Conformity Assessment Body Regulations, 2003 to carry out thorough examinations and preventive inspections on existing and new lifts.

TRD - What is the difference between a preventive and thorough examination on lifts?

Preventive inspection has to be carried out at least once a year. Thorough examination has to be carried out at least once every ten years. These inspections must be performed by an ACAB.

TRD - Once the inspection report is done, what are the next steps?

A copy of the report shall be sent to the MCCAA. The original shall be kept in the lift’s safety file. An acknowledgement letter will be sent.

TRD - What happens if the ACAB notices the need for repairs or maintenance during inspection?

In this case the ACAB shall also indicate a time frame for the issue to be rectified. Once necessary repairs/maintenance is carried out, you need to notify the MCCAA that the repair/replacement works have been done.

TRD - How can I check my gas regulator?

The domestic gas supply in Malta is LPG; a mixture of Butane and Propane, and only regulators intended for LPG are to be used for domestic applications in Malta.

It is important that regulators used are compliant with the following information, which information should be found on the product:

On the product label:

  • The standard EN16129
  • The type of gas it is designed to operate with, in Malta LPG (liquid petroleum gas)

 

On the underside of the regulator:

  • Manufacturing date
  • Dimension of valves that it is designed to operate with, in Malta Ø 22mm

 

On the packaging or information leaflet:

  • Lifetime of the product
  • Instructions on how to operate the product

SMI - What is a standard?

Standards are documents defining characteristics (for example, dimensions, safety aspects, performance requirements) of a product, process or service, in line with the technical/technological state-of-the art.

SMI - How are standard developed?

Standards are developed by experts in technical committees. They represent the interested economic and social parties “stakeholders” (producers, services providers, suppliers, users, consumers, public authorities, scientist/professional institutions, educational authority etc.) and contribute to the detailed technical content of the standard.

SMI - Who publishes the standard?

The national standardization body (the MCCAA in case of Malta) has the responsibility to validate the standard and publishes it in accordance with internationally accepted procedures. It provides the infrastructure, procedures and project management for the standards development process.

SMI - What is the difference between an EN standard, an ISO standard and a national Standard?

A national standard is a standard that is developed and used only in a particular country (such as Malta).  A European standard (EN) is developed by the European Standardisation Organisations (CEN, CENELEC and ETSI) and adopted by all member states of the EU as national standards.  International standards are developed by the three international organizations for standardizations ISO, IEC and ITU and can be adopted as national standards by all countries.

SMI - Who develops standards?

A group of stakeholders/ experts are asked to give their input in a technical committee to produce/update a particular standard. Anyone with technical knowledge on the standard in question can volunteer to take part in the technical committee.

SMI - Does Malta participate in development of European and International standards?

Malta can participate in the development of European and International Standards if there is enough interest to form a local technical committee that can contribute to the work of the respective European or International technical committee.  If no mirror technical committee is formed in Malta, interested parties may contact the Standardisation Directorate of the MCCAA to follow the development of the standard and can provide their feedback to the MCCAA.

SMI - Are standards mandatory like regulations?

No, standards are voluntary and they serve as guidelines. Standards become mandatory when they have been incorporated into a business contract or incorporated into a regulation.

SMI - What is the procedure to develop a national standard?

When interest is registered to develop a national standard, the MCCAA establishes a technical committee made up of experts in the relative technical field. Once consensus is reached within the committee, the draft standard becomes available to the public for commenting.  Comments received are evaluated and relevant changes are made and agreed upon by the technical committee to the Standard. The standard is then adopted and announced in the Government Gazette as a National Standard.

SMI - How can standards be used for certification of products and services?

Standards are often used by independent certification bodies to give written assurance (often in the form of a certificate) that the product, service or system in question meets specific requirements detailed in a particular standard.

SMI - Does the MCCAA offer certification services? What are these?

Yes, the MCCAA offers certification against a number of standards/ regulations, mainly: Quality and Environmental Management Systems, Occupational Health and Safety Management System, Organic Farming, Certification of Motor Vehicle Repair, Certification of Language Tour Providers, Certification of Public Health Pests Management System, EMAS and EcoLabel.

SMI - How can an organisation apply for a certification service?

An organisation interested in one of the certification services offered, may contact the Standardisation Directorate by sending an email to be guided on the application and certification process being requested.

SMI - Is the MCCAA recognised to offer certification services?

Yes, the MCCAA is internationally recognised by UKAS (one of the largest accreditation bodies in the world) as following best international practices in respect of certification services offered to Quality and Environmental Management Systems international standards. UKAS carries out regular (at least yearly) checks on how certification services are being carried out.

Omnibus Directive - I have purchased a used mobile phone from an online seller and I would like to know if I can return it if I don’t like it?

 

Whether or not you can return the mobile phone to the seller depends on whether the seller from whom you bought it is a trader or an individual. If the mobile phone was bought from a trader then yes, you are legally entitled to a 14-day withdrawal period during which you can decide if you want to keep the mobile phone or not. If, however, the used mobile phone was bought from an individual, then consumer legislation does not apply to your sales transaction, and hence you are not entitled to the 14-day withdrawal period. 

According to the new consumer rules, the online platform or marketplace from where you bought the mobile phone is obliged to inform you whether the seller is a trader or an individual. It the seller is an individual, then the platform should also inform you that your transaction is not covered by consumer legislation and thus the 14-day withdrawal period does not apply. This information should have been provided to you before the conclusion of the sales contract.

Omnibus Directive - A local shop from where I purchase regularly was offering a 50% discount on all products for sale. When I was in the shop, I noticed that the previous price referred to was not the last price the products were sold. Is this legal?

It is illegal for sellers to advertise fake price reductions. Consumer protection rules stipulate that during ‘Sales’ and promotional offers, sellers must indicate as a reference price the lowest price the discounted product was for sale within a period of at least 30 days preceding the price reduction announcement. In situations where the goods have been on the market for less than 30 days, the reference price must be the lowest price sold by the trader during the time the product was for sale.

Omnibus Directive - I recently bought a dress online from a foreign company and when I was telling my friend how much I paid for it, she told me that she bought the same dress from the same website at a lower price. How is this possible? Is such practice legal?

This practice is called personalised pricing and it occurs when traders personalise the price of their offers for specific consumers or groups of consumers using automated decision making and profiling of consumer behaviour. While such practice is not illegal, however, consumers have the legal right to be informed by the seller that the price presented to them online is based on an algorithm taking into account their personal consumer behaviour, so that they are aware of the risk that the asking price may have been increased.

Omnibus Directive - When I shop online, I like to check the reviews of other consumers who previously purchased the products I am interested in. However, sometimes I am not convinced that these reviews have been written by real customers. Is it illegal for traders to post fake reviews?

Consumer legislation prohibits traders from submitting fake reviews or endorsements. The law stipulates that traders who display consumer reviews on their websites must have checks in place to ensure that only consumers who actually purchased or used the goods or services may submit a review.

Omnibus Directive - My friends and I wanted to buy tickets for a concert but a few hours after the tickets were on sale they were sold out. We eventually found the same tickets for sale from other traders, but the prices were much higher. Is this practice legal?

New consumer protection rules have recently come into force specifically prohibiting traders from re-selling event tickets bought through bots. Bots are automated online buying processes that make it possible to carry out a large number or transactions simultaneously. By not allowing traders to resell event tickets bought in this way, consumers’ right to buy event tickets at fair prices is now better safeguarded.

Recent News

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29 Mar, 2023
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28 Mar, 2023
Update | Plant Protection Products
28 Mar, 2023
Notification of Concentration
24 Mar, 2023
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17 Mar, 2023

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