Malta among members yet to enact EU rules

Malta has been identified by the European Commission as one of 13 EU member states that still have to transpose into their national law books a new EU directive protecting consumers, which came into force last Tuesday.

The Commission said that although Malta has yet to implement the new law - an infringement procedure has already been launched against the island - Maltese consumers are still protected under the provisions of the new directive. According to European case law, the enforcement bodies and judges should make up for the regulatory gaps by interpreting and applying to the closest possible extent the existing laws in the light of the new standards.

The new rules, known as the Unfair Commercial Practices Directive, aim to clarify consumer rights and to simplify cross-border trade. When contacted, a government spokesman was not in a position to give a reaction yesterday but promised to check the facts on the issue and comment later on.

The directive introduced common rules aimed at giving consumers the same protection against unfair practices and rogue traders whether they are buying from their corner shop or from a website abroad. It will also mean that businesses will be able to advertise and market to all 480 million consumers in the EU in the same way as to their domestic customers.

The new rules crack down on misleading advertising and aggressive selling practices, including a ban on fake "free" offers and on "pester power" advertising to children on the internet.

The directive also prohibits bait advertising, pyramid schemes, advertorials and false curative health claims against consumers.

The Commission said the directive aims to boost consumer and business confidence in the single market.