Maintaining standards

The Malta Standards Authority has two main roles: regulatory and consultative. And it exercises the functions linked to its roles through its five directorates: the consumer and industrial goods directorate, the foodstuffs, chemicals and cosmetics directorate, the metrology directorate, the standardisation directorate and the accreditation directorate.

The consumer and industrial goods directorate (CIGD) is responsible for implementing the so-called new approach directives which, inter alia, establish that some categories of products, ranging from low voltage equipment to medical devices, are safe and, thus, carry the CE marking before being placed on the market.

The CIGD has also the duty to regulate those areas which, even though not harmonised under community law, would still need regulation in Malta. In these cases, the CIGD is responsible for drawing up legislation that would effectively regulate situations in which there are still lacunae and which call for regulation. The CIGD has a number of other important functions which make it possible for Malta to be at par with its European counterparts in the field of product safety, such as the notification of conformity assessment bodies to the European Commission.

The effect of the CIGD's work lies in the fact that no product which is supposed to have the CE marking under European law may be placed on the market.

This is the direct result of the fact that the CIGD has implemented all the new approach directives and that, therefore, Maltese law now boasts a solid regulatory framework which guarantees that the market conditions in Malta, with regard to product safety, is as regulated as the market of any other European state.

One such regulation is legal notice 64 of 2002 which entered into force on January 1, 2003. This legal notice fully implemented the directive 2000/14/EC - "Noise emission in the environment by equipment for use outdoors". These regulations cover only new products being introduced on the Maltese market as of that date and are not retroactive. Therefore, since January 1 of this year, Malta has had a law that incorporates EU laws on noise emissions from new equipment that is used outdoors.

The foodstuffs, chemicals and cosmetics directorate (FCCD) also has a number of responsibilities. A great responsibility lies within the food sector since the FCCD is responsible for carrying out risk assessment activities in food and feed under the Food Safety Act and this includes both chemical and microbiological aspects.

Moreover, the MSA advises the Food Safety Commission (FSC) on temporary national authorisation on food additives. It also carries out activities relating to advice to the FSC on national measures concerning contaminants and contact materials in the absence of harmonised Community provisions. The MSA also receives notifications for the placing on the Maltese market of dietetic foods and food supplements and advises the Department of Public Health on the advisability of safeguard measures regarding dietetic foods and food supplements (safeguard measures).

In the chemical sector, the MSA is the competent authority in, inter alia, dangerous substances and preparations. In the cosmetics sector, the FCCD is responsible for notification of placing of cosmetic products on the Community market and for risk assessment of such products, including inspection of product information files. This directorate is already performing all these functions and even the industry and the consumers have seen the effects of such work, be it through the drastic improvement of labelling of foodstuffs to the enactment of laws such as the Food Safety Act which have, as their ultimate aim, the protection of the consumer.

The metrology directorate has been established to revive the legal metrology function and establish national reference standard laboratories for the dissemination of traceable measure. The directorate operates these two functions through the national metrology services (NMS). The authority has invested heavily in the furnishing of new labs and staff who are being equipped and trained with EU funds. The labs have been completed and commissioning of equipment is underway. Inauguration of the site is expected in early 2004.

The metrology directorate has also published the Metrology Act and all directives in the field of metrology. Such legislation protects both the individual and the trader from short measures and unfair practices and promotes healthy competition in all spheres where measure is fundamental to commercial transactions by establishing a level playing field.

In the area of legal metrology NMS has the equipment and trained staff to conduct the enforcement function in the areas of verification of non-automatic weighing instruments, verification of fuel dispensing systems and the control of prepackages. In the area of scientific metrology NMS is setting up state of the art labs in the areas of mass measurement, dimension measurement and temperature measurement.

The standardisation directorate is responsible for voluntary standards and their adoption. It has adopted some 13,000 European standards and which, therefore, are now officially recognised in Malta and it has prepared four Maltese standards regarding the Maltese keyboard, Maltese lace, Maltese filigree and the Maltese locale. All these standards aid in the promotion of our cultural identity and our national heritage. Besides, the directorate operates a standards library which is open to anybody wishing to consult any standard and has also formed a user group to whoever is interested in standards or standards-related activities.

The accreditation directorate operates the national accreditation body (NAB-MSA). NAB-MSA is responsible for accreditation in accordance with the relevant national, international and European standards, guides and regulations. It is relevant to say that this service has never been offered in Malta and, through NAB-MSA, it is now being offered to all the operators who otherwise would have had to apply for accreditation through a foreign accreditation body.

This is but an extremely brief overview of all the services that the Malta Standards Authority is offering industry and consumers. Indeed, the MSA is not responsible for enforcement, but so far as its own roles are concerned, the MSA is striving to offer the best service possible. For this reason, readers are encouraged to contact the Malta Standards Authority (tel: 2124 2420) should they require any information regarding the above operations, regulations, standards and standards-related activities.

Dr Cachia is legal adviser to the Malta Standards Authority.