Author: SME Chamber

On 30 June 2009
the new Toy Safety Directive was published. It substantially amends the old Directive across virtually all safety
aspects. It fulfils to
the highest level the newest health and safety standards.

It improves the
existing rules for the marketing of toys that are produced in and imported into
the EU in view to reducing toy related accidents and achieving long-term health
benefits.

According to its Better Regulation initiative, the Commission has also
engaged in simplifying the current legislative framework and increasing its
quality and efficiency.

Below you can find some frequently asked questions (FAQS) that can
simplify the understanding of this directive:

1. Does the Toy Safety Directive (TSD) affect
toys sold online?

The TSD also applies to toys sold online. Warnings must be clearly
visible to the consumer before they purchase the toy, and this includes
displaying them on internet website. If a consumer orders a toy on a website,
the warnings must be written in the language used on the website. If the
website is in several languages, the warnings must be visible to the consumer
in the language of the webpage they are using.

When selling toys online, it is recommended to display toys in such way
that the CE-marking is visible to the market surveillance authorities, to whom
it is addressed.

2. Are books with olfactory substances subject
to the TSD?

It depends on the classification of the book. Reading books are not
considered as toys and therefore are not subject to the TSD but to the General
Product Safety Directive (GPSD). In order to know whether or not a book falls
under the scope of the TSD, it is key to first assess whether it is a toy.

There is a guidance document of the European Union (EU) about children's
books and toys, which can be found here:

http://ec.europa.eu/enterprise/sectors/toys/documents/guidance/index_en.htm.

3. Are teddy-shaped school bags and school
materials subject to the TSD? Is there a technical guidance document giving
concrete examples of borderline products that may or may not be considered as
toys?

The scope of the TSD applies to "products designed or intended, whether
or not exclusively, for use in play by children under 14 years of age". The
words "whether or not exclusively" have been added to the definition to
indicate that the product does not have to be exclusively intended for playing
purposes in order for it to be considered as a toy, but it can have other
functions as well. For example, a key-ring with a teddy bear attached to it or
a sleeping bag in the shape of a soft filled toy are considered as toys.
Teddy-shaped school bags and school materials are therefore very likely to fall
under this definition, but a case-by-case assessment is always necessary.

The main problem with this definition is the concept of "use in play" or
"play value". Almost everything has play value for a child, but this does not
mean that every object falls under the definition of a toy. To be considered as
a toy for the purpose of the Directive, the play value has to be introduced in
an intended way by the manufacturer. However, the reasonably foreseeable use of
a product prevails over the declaration of intended use by the manufacturer. If
the manufacturer labels the products as not being a toy, he has to be able to
support this claim.

Guidance document number 4 gives further criteria that need to be
considered when deciding whether to classify a product as a toy. Section 1.2.1
of the TSD Explanatory Guidance document also contains useful information in
this regard. Both documents are available here:

http://ec.europa.eu/enterprise/sectors/toys/documents/guidance/index_en.htm.

4. Are cheaper toys less safe?

All toys placed on the EU market must be safe and must comply with all
applicable legislation, regardless of their price.

5. Is it true that toys made of natural
materials are safer?

All toys placed on the EU market must be safe and comply with all
applicable legislation, regardless of the material used. Natural materials may
contain chemical substances that are prohibited or restricted in the TSD.

6. If someone changes a toy, is he considered
a manufacturer?

An importer or distributor, who modifies the product and by doing so
alters its compliance, assumes the obligations and responsibilities of the
manufacturer and is responsible for the conformity of the product. He does not
have to provide details to customs unless requested but must ensure that he has
the up-to-date technical documentation, which takes into consideration the
changes made to the toy.

Source: European Commission

Ir-Rahal
fil-Milied 2014 – Għal darba
oħra l-Kunsill Lokali tan-Naxxar
se jorganizza l-attività r-Raħal fil-Milied
bl-attività prinċipali ssir nhar il-Ħadd 7 ta' Diċembru 2014
bejn is-saghtejn (2pm) u t-tminja (8pm). 

Minbarra
l-attività ewlenija, bl-għajnuna tal-għaqdiet lokali, matul dik il-ġimgħa
kollha se jkun hemm xi attivitajiet għaddejin bil-ħsieb li nattiraw l-akbar ammont
ta' viżitaturi possibli.  B'dan il-mod niġġeneraw aktar kummerċ
fil-lokalità. Minħabba
raġunijiet loġistiċi, il-qofol tal-attività, se ssir fi Triq tal-Labour
fil-parti ta' maġenb il-bandli.  B'dan il-mod inkunu nistgħu narmaw kmieni
bl-inqas inkonvenjent għat-traffiku u parkeġġ possibli filwaqt li l-ħsejjes ta'
mużika waqt l-attività ma jtellfux l-andament tal-quddies fil-Knisja. 

L-attività
mhux se tkun limitata għal dik il-parti biss anzi, qed issir ħidma kbira biex
l-attivitajiet jinfirxu kemm jista' jkun u li kull sena tkompli tikber. 
Madanakollu hija meħtieġa l-koperazzjoni ta' kulħadd u għalhekk, kull min b'xi
mod jista' jgħin għandu javviċinana.  Naturalment, aktar ma nkunu
kreattivi u innovattivi fl-ideat, aktar nattiraw nies.

Tajjeb
ninfurmakom ukoll li, minkejja l-limitazzjonijiet finanzjarji, il-Kunsill
qiegħed jippjana kampanja pubbliċitarja akbar minn tas-soltu.  Infatti se
nibdew nirriklamaw minn nhar il-Ħadd li ġej biex noħolqu interess akbar. 
L-ispiża għal dan ir-reklamar mistennija taqbeż sew it-€3,000!

Dawn tal-Milied fit-toroq

Fil-preżent
il-Kunsill jinsab għaddej b'ħidma oħra biex jibdel dawl eżistenti u jinvesti
f'dawl tal-Milied ġdid għat-toroq tagħna.  Diġà inħadem fustun għal Vjal
il-21 ta' Settembru u fil-preżent qed jinħadem dawl ġdid u sabiħ ħafna għal
Triq il-Parroċċa u dwal ġodda għal Triq Santa Luċija.  Din is-sena se
jkollna wkoll Triq il-Kbira armata bid-dawl u qed nippjanaw ukoll dwal ġodda
għal Triq tal-Labour. 

Dan
kollu mistenni jiswa eluf kbar ta' ewro iżda sodisfatti li dan se jkompli jżomm
lin-Naxxar bħala wieħed mill-isbaħ lokalitajiet fi żmien il-Milied. 
Nemmnu li dan għandu jgħin ħafna biex in-Naxxar ikompli jattira aktar nies lejh
biex finalment iwassal għal ħafna aktar kummerċ. 

Huwa
importanti wkoll li n-negozjanti jagħmlu l-parti tagħhom u għalhekk il-Kunsill
iħeġġiġkom biex tarmaw bl-isbaħ mod possibli u minn kmieni l-armaturi
tal-ħwienet tagħkom.  Tajjeb ukoll jekk tikkunsidraw inizjattivi li
tistgħu tieħdu flimkien bħal per eżempju li tagħmlu reklami flimkien biex
tħajjru lill-publiku jiġi n-Naxxar.

Ċert
li tifhmu li dawn l-inizjattivi kollha jinvolvu ammont kbir ta' spejjeż li
minnhom tibbenefika l-lokalità kollha iżda mhux l-inqas in-negozju
tagħkom.  Aħna nifhmu d-diffikultajiet finanzjarji li jkollkom iżda nemmnu
li huwa importanti li tagħtu dik il-ftit kontribuzzjoni biex ittaffi
mill-ispejjeż kbar li jkollu l-Kunsill fir-rigward.

Grazzi
għall-kontribuzzjonijiet li kellna mill-maġġoranza tan-negozji s-sena l-oħra,
din is-sena l-Kunsill Lokali kien aktar ħerqan li jinvesti biex jgħolli
l-livell tal-attività kif ukoll biex iżid aktar dawl tal-Milied.  Għalhekk
nappellaw biex din is-sena wkoll toffru l-kontribuzzjoni tagħkom.  

Aktar ma jkollna għajnuna aktar inkunu
nistgħu ninvestu fin-negozji tagħkom.

The Malta-EU
Steering and Action Committee (MEUSAC),
together with the Agriculture Directorate (AD) within the Ministry for
Sustainable Development, the Environment and Climate Change (MSDEC) will be
organising a consultation session. 

Consultation session on the Proposal for a Regulation On Organic Production and Labelling of
Organic Products, amending Regulation No XXX/XXX of the European Parliament and
of the Council and repealing Council Regulation (EC) No 834/2007.
This
consultation session will focus on how the EU is aiming to improve the
legislation on organic production with various objectives, including; removing
obstacles to the sustainable development of organic production; guaranteeing
fair competition for farmers and operators and allowing the internal market so
as to function more efficiently and;  maintaining and improving consumer
confidence in organic products.

The
consultation session will be held on Wednesday, November 5th, 2014 at 15:00 p.m, at Naxxar Local
Council, Centru Civiku, Vjal 21 ta' Settembru, Naxxar.

GRTU Deputy
President Philip Fenech attended a meeting with the Ministry of Economy,
Investment and Small Business Communications Coordinator Jonathan Attard, other
Ministry officials and the Paceville Committee to discuss the extension of
trading hours for nightlife after 4 am for establishments that are sound
proof.  

During
this meeting Philip Fenech explained that some years back this extension
existed but it was stopped due to the fact that the authorities felt that there
should not be a no-limit culture that could increase the possibility of alcohol
abuse or other relative crime. However amongst the stakeholders present it was
a common understanding that abuse could occur at any hour.

Today's work dynamic has
changed. This has consequently affected the pattern of recreation hours. These
patterns have shown that a lot of people start their night at 1 am which will
only give 3 hours of trade that in some cases is not considered sustainable. Mr
Fenech also explained that there were other businesses with different trading
dynamics and having their licenses extended is not in their interest. Thus it
is clear that at the moment stakeholders both agree and disagree with this
extension. This extension has also peeked interest of open air establishments
that have a license to play amplified music as they conform with the
requirement of being 400 metres away from
inhabitants.    

GRTU Malta Chamber of SMEs insists that Eco
Contribution must go. There are never ending reasons why this haphazard tax
introduced  by the previous administration must go once and for all.

First and foremost it has created, over
the years, an unfair level playing field in so many sectors across the retail
industry that it has become a nightmare. There are so many free riders of Eco
Contribution, including a large
number of foreign suppliers to the market, which will certainly sue the Government, if Government
even insists to make them pay such a tax. They are not accustomed to having to
pay an addittional tax in an EU Community that speaks day in day out of a fair
market level playing field and effectively see such a small Member State implementing
such legislation.

SMEs will no longer stand a legislation
that does not exist anywhere in the Community and in addittion SMEs in Malta
should not be different from their counterparts in the European Community. SMEs
have a responsibility towards abiding to EU Directives that have been
transposed to Maltese law. The WEEE Directive is one of these tragedies. Two
authorised schemes, no logistical operation at all, because no one
should be made to pay twice for an environmental obligation.

GRTU has over the years been insisting
over the abolishment of Eco Contribution.  In various meetings with
Government Ministers and officials we have made our point. Either Eco
Contribution goes or else we shall stand up to be counted. GRTU will not be
alone in taking any action needed to make sure that Eco Contribution will be
abolished. Enough is enough.

One day more of  Eco Contibution
after budget day would not be tolerated. It is the right time to make sure that
Eco Contribution goes away once and for all. This would be a feather in the hat
for the Government of the day.  Many SMEs are so upset about the fact that
the past administration did absolutely nothing about this issue that a very
good number of them voted for change.

Change is what we
want. Facts not words. We want change because this is a Government which 
promised to be Pro-business. We want Government to keep that promise.
Ridding SMEs and the business community of Eco Contribution would be no small
feat. Even setting a time frame by when this draconian Eco Contribution would
be abolished would be a feat in itself. But the coming budget must deliver.

Delivery is the name of the game, the
time for talking is now over. We hope that Government will abolish Eco
Contribution and continue to work to create sustainable long term level playing
field in all retail and manufacturing sectors. 

Waqt Konferenza organizzata illum ghal SMEs, l-Ministru
Christian Cardona qal li l-Ministeru tiegħu qed jaħdem fuq il-ħolqien ta' Liġi
dwar in-negozju tal-familja. Din il-Konferneza kienet wahda bin bosta
organizzati din il-gimgha bhala parti mic-celebrazzjoni Ewropeja, ghaldaqstant
fl-Ewropa kollha, tal-SME week, iccelebrata f'Ottubru.

Joanna Drake, Direttur għall-promozzjoni
tal-kompettitività tal-SMEs fil-Kummissjoni Ewropea, qalet li minkejja t-titjib
li sar, l-Ewropa għadha ma rkupratx għal kollox mill-kriżi ekonomika li ħalliet
effetti kbar fuq l-SMEs. Hija saħqet li l-Ewropa għandha tneħħi l-burokrazija
żejda għax din ixxekkel in-negozju, speċjalment tal-SMEs.

Dr Drake żiedet tgħid li fl-Ewropa kollha llum hawn 2
miljun persuna inqas jaħdmu fl-SMEs milli kien hemm fl-2008. Malta kellha
l-benefiċċju li ma ntlaqtitx mill-kriżi daqs pajjiżi oħra. Ir-rwol tal-gvern
irid ikun li joħloq ambjent aħjar biex l-SMEs ikollhom fejn joperaw, saħqet Dr
Drake.

Hija enfasizzat ukoll il-ħtieġa li l-SMEs Maltin
ikollhom għarfien dwar l-għajnuniet finanzjarji li jistgħu jiksbu mill-Unjoni
Ewropea.

Paul Abela, President tal-GRTU ssuġġerixxa li l-fondi
li jiġu mgħoddija mill-Bank Ċentrali Ewropew jibdew imorru direttament għand
il-Malta Enterprise biex tgħaddihom hi lin-negozji, u mhux imorru għand
il-banek l-ewwel. Dan ikun ta' għajnuna kbira għall-SMEs minħabba r-rati
għoljin tal-interessi.

GRTU has this week met the Hon Christian Cardona as Minister
responsible for Small Businesses and presented GRTU's five priorities for
Budget 2015.

Minister Cardona welcomed GRTUs contribution to the discussion in
the run up to the Budget and said that the proposals presented merit evaluation
and serious consideration. The Minister discussed with GRTU Government's
financial limitations in changing certain policies however recognized the
validity of the arguments and emphasized that he will do his best to find
solutions or compromise where possible. GRTU explained that it is aware that
there will be important changes directly linked to GRTU's priorities in this
year's Budget and that we insist that discussions need to be held and an
agreement reached prior to any announcements.

GRTU this year has focused on 5 priorities for Budget
2015: Tackling Unfair competition, Removal of Eco Tax, Reducing the cost of
finance, Tackling high trade costs and Reducing high commercial licenses.

GRTU calls for immediate
discussions prior to Budget announcements – Whilst the draft plan presented
to the European Commission gave an overview of the overall economic direction
the next Budget will be taking, GRTU felt it lacked basic vital information to
help comprehend how the set targets will be met.

In the document Government has committed itself
to continue the shift from direct to indirect taxation. It mentions indirect
taxation on consumer goods and services and a revision in fees on market
output. The questions that we naturally pose are: How will these indirect taxes
be implemented? What is meant by market output?

During a business breakfast earlier this month
GRTU probed the Minister for Finance to take action, as was promised in Budget
2014, on Eco Contribution. In reply the Minister stated that, similar to the case
with the payment of Maternity leave, Government will be moving from direct to
indirect taxation. This means that businesses will still be footing the bill
indirectly instead of directly. What benefit to business this might result in,
in relation to Eco Contribution, is dubious.

Whilst GRTU welcomes Government's commitment
not to increase VAT it should be made clear that VAT is not the only tax
element that affects prices and competitiveness. Many businesses are today
forced to carry the burden of Eco Contribution, which is an unjust and
anti-competitive tax, and simply changing its name will not make it any more
just or competitive. The biggest problem with Eco Tax is unfair competition and
introducing more taxes, be it direct or indirect, will only continue to
aggravate the already precarious situation.

All social partners have had the opportunity to
raise their priorities and concerns for the next Budget at MCESD and GRTU
raised the issues, amongst others, of unfair competition and the eco-tax
problem on several occasions now and no concrete replies on this or discussions
on the plans were held. We unfortunately get the feeling that plans are in
place but Government is reluctant to discuss them.

GRTU calls on the Government to avoid at all
costs a situation where any plans on these highly sensitive issues are unveiled
only once the Budget speech is read. We reiterate, MCESD is not a talking shop
and it is evident which stakeholders have a clear interest in the issues.
Government should come to MCESD with the intent of really discussing the plans
or speak directly to social partners to make sure an agreement is reached
before any final announcement.

The objective
of this consultation is to gather information and views on the interplay
between standardisation and intellectual property rights (IPR) such as patents.

Standardisation
is the voluntary process of developing technical specifications based on
consensus among the interested parties. Standard setting takes place in the
European and International Standardisation Organizations (ETSI, CEN, CENELEC,
ITU, ISO, IEC) but also in other organizations and fora or consortia on
national, European or international level.
Many standards comprise technologies
that are patent protected. Public authorities and the standardisation community
have developed rules and practices to ensure the efficient licensing of these
standard-related patents.

The purpose of
this consultation is to allow stakeholders interested in standardisation
involving patents, to bring to the Commission's attention their views on

how the current framework governing
standardisation involving patents performs and on

how it should evolve to ensure that
standardization remains efficient and adapted to the fast-changing economic and
technological environment

The European
Commission has the task of ensuring that the European Union's internal market
functions efficiently. Therefore harmonisation standards are particularly
important for the EU. Furthermore, an efficiently performing standardization
system is crucial for the EU's objectives in the areas of industry policy,
innovation, services and technological development.

The
consultation will close on 31 January 2015

For further
information and to submit your contribution kindly visit:

http://ec.europa.eu/enterprise/policies/industrial-competitiveness/industrial-policy/intellectual-property-rights/patents-standards/public-consultation/index_en.htm