Consumer & Competition Division

Operations Directorate - Product Safety

Overview

Product Safety in Malta and Europe
The free movement of goods within the European Union and the removal of technical barriers to trade constitute key elements of the European Union’s programme for realization of the single market. One of the main principles of the single market is that goods should be able to cross borders, between member states, without having to be subjected to further inspection and testing. Assessment by national authorities before goods could be sold was replaced by the manufacturers’ responsibility to make his product conform to the legal requirements and surveillance by the authorities after the product is placed on the market. The Consumer and Competition Division is responsible for surveillance and enforcement of non-food products.

Specific European Directives, that were transposed to National legislation as legal notices cover different product categories and set out the essential requirements, primarily health and safety, that the product must fulfill before it can be placed to the single market.

The CE mark is the external symbol to indicate that a product fullfils applicable requirements. It must be applied by manufacturer or the manufacturer’s representative within the European Community. Market surveillance will then ensure that the harmonized level of safety is being respected by the manufacturers. The legal notices may be viewed here. To view the European Directives and more detailed information on these directives see:

These specific European directives are complemented by another two Directives and a Council Decision, namely:

(i) The General Product Safety Directive (GPSD) 2001/95/EEC;

(ii) The Product Liability Directive 85/374/EEC;

(iii) A Council Decision concerning CE marking and conformity assessment 93/465/EEC

The provisions of the GPSD were transposed in the Product Safety Act of 2001 (Chapter 427). The specific European directives were issued as legal notices under this Act. The Consumer and Competition Division is legally empowered to carry out the aforementioned surveillance and enforcement by means of the provisions set out in the Product Safety Act of 2001.

The Product Liability Directive stipulates that the producer is liable for damage caused by a defect in his product. The provisions of this directive were transposed as Part VII of the Consumers Affairs Act of 1996 (Chapter 378), and the provisions of Council Decision 93/465/EEC were transposed as Schedule IV of Method for Designating Conformity Assessment Bodies Regulations (L.N. 136 of 2003)

The following European Commission websites give further information related to product safety and liability of defective products: