Category: Archive – 2013

A solution to abolishing the state imposed lease termination – GRTU, this week held a Press Conference
to discuss the current situation regarding Rent Law of commercial tenants.
Members that are suffering from this current situations were invited  to voice their opinion.

GRTU states that the Rent Law as they
are, are unjust for commercial tenants. The last Parliament has not given due
consideration to the pleas of commercial tenants made by GRTU on their behalf.
The Rent Laws  have completely disregarded the
investment made by thousands of small enterprises who over many years have
provided service to the community, generated employment and economic growth and
were successful without any state aid whatsoever.

The GRTU now recommends that the new
Administration  after the March 9th elections, appoints
an Independent Commercial Rent Law Review Commission Chaired by a retired Judge
or Magistrate with one member of the Commission nominated by GRTU representing
commercial tenants. This Commission will establish what negative impacts exist
for commercial tenants and make recommendations to Government to mitigate the
identified negative impacts. The new Administration will appoint the Commission
within one month of the formation of the new Cabinet of Ministers and the
Review Commission will submit its Report within two months of appointment.
Government will implement the proposed amendments and solutions with three
months of the Commission's Report.

The amendments to the Civil Code
introduced in 2009 included provisions that shocked the commercial community.
Commercial premises leased prior to 1995 and which fell foul to a few other
conditions, were arbitrarily short lived by the legislator when an imposition
came in vigore that constituted an ultimatum of 20 years for leased properties
and of 10 years for sublet properties.

Lease of
Commercial Properties: Article 1531I

A lease of commercial premises made
before the 1st June, 1995 shall in any case terminate within twenty years which
start running from the 1st June, 2008 unless a contract of lease has been made
stipulating a specific period. A contract made prior to the 1st June, 1995 and
which is to be renewed automatically or at the sole discretion of the tenant,
shall be deemed as if it is not a contract made for a specific period and shall
as such terminate within twenty years which start running from the 1st June,
2008. 

Sublease of
Commercial Properties: Article 1613

In the case of the sub-letting of
commercial tenements before the 1st June,1995, these shall be terminated on the
31st May, 2018 unless done by agreement with the less or, in which case such
sublettings shall be regulated by such agreement: Provided further that the
lease shall be established according to that laid down in article1513D.

Almost 4 years after the introduction
of this draconian measure – that is threatening the very existence of a
substantial percentage of the Maltese small to medium enterprises – Government
refuses to take any action to rectify this discriminatory measure that curtails
business' civil rights of enjoyment of property, as provided in our
Constitution and which are regulated by the Civil Code.

Government's raison d'être behind the
introduction of these deadlines was the creation of equity, an equilibrium that
Government argued was required between safeguarding the landlord's rights
without prejudicing the commercial tenant's rights.

The GRTU from the very outset was at
loggerheads with Government on this issue, claiming that this was not a balance
at all but a blatant injustice against Maltese businesses. The GRTU repeatedly
described those enterprises caught out by these unjust ultimatums as melting
blocks of ice.

Nonetheless the amendments to the Civil
Code that are collectively referred to as the Rent Laws, contain a remedy that
the State has not yet chosen to implement and which would constitute an
equitable solution in lieu of these discriminatory ultimatums. Article 1531D
(2) of the Civil Code provides for the introduction of a Property Market Value
Index. This Index, when introduced, would provide both Tenants and Landlords
with a formula to obtaining a fair rent figure, thus bringing both sides closer
to the payment of a fair rent, which is the main criteria for Government's
introduction of the aforesaid ultimatums.

Article 1531D
(2)

The rent as from the first payment of
rent due after the 1st January 2014, is to be established by agreement between
the parties. In the event that such agreement is not reached, the Property
Market Value Index shall be considered as a guide to the rent as may be
established by regulations made by the Minister responsible for accommodation
and in the absence of such regulations, the rent shall from the first payment
of rent due after the 1st January, 2014, increase by five per cent per year
until the coming into force of the said regulations.

The GRTU opines that the introduction
of the Property Market Value Index, together with the introduction of
provisions relating to sensitive enterprises such as cottage industry establishments
situated in village cores, as have been adopted by other Member States in order
to protect their cultural and traditional heritage, would constitute a fair
remedy of safeguarding Landlords whilst safeguarding and not prejudicing
Tenants.

France for instance introduced a
ten-year moratorium precluding lease termination by Landlords for micro and
small enterprises situated in leased commercial premises.

Moreover in addition to the Rent
Regulation Board, the GRTU proposes the introduction of a Commercial Rent
Committee that will have a pre-trial mediatory role in establishing the
divergences.

Green MT and GRTU Director General in
his capacity as Chairman of the Board of Directors of the company of Green MT,
managing a not-for-profit scheme, a national Waste Management Scheme covering
75,000 households with the responsibility for the management of 50% of Malta's
Packaging Waste national obligations, is
proceeding with additional legal action for libel and damages against
L-Orizzont, the National daily newspaper owned by the General Workers Union.

L-Orizzont in its issue of Friday the
28th of February 2013 published in its front page defamatory accusations of
illegal activities against the Director General of GRTU Vince Farriugia,
accusations which are solely aimed at taking away and injuring the reputation
of the Director General, GRTU and Green MT.

Green MT and GRTU, by virtue of reputable,
independent and external auditors, abide by all their obligations at law that
the Malta Financial and Services Authority as well as the Inland Revenue,
together with other authorities, including MEPA, impose on Waste Management
Providers.

In the same article L-Orizzont once
more dishes out the fallacious allegation made by convicted ex-Sliema Mayor
Nikki Dimech that Green MT Ltd received favourable treatment from the Sliema
Local Council. This is a fabrication also aimed at injuring the reputation of  Green
MT, and which is also subject to
legal proceedings for libel.

The public
is now aware that both L-Orizzont and the GWU have over the past two years
embarked on a never-ending besmirching campaign against the GRTU, Green MT and
its officials AND Vince Farrugia personally. This vindictive and defamatory
campaign is clearly and solely aimed at cheaply and conniving enticing small
businesses to leave GRTU and join GWU.

Voting is an obligation that serious citizens cannot and
should not avoid. For business enterprises election of Government's is a must.
Electing a government that administers the country for the next five years is
too important an issue for owners of enterprises simply to ignore. The total
business and economic environment in which businesses operate is dictated by
politicians in Government. The choice of policies and administrative efficiency
is theirs.

Once again in a never-ending series of accusations aimed
at the character assassination of GRTU Director General Vince Farrugia, the
Defence Counsel in the Police vs Sandro Chetcuti case that is still proceeding
in Court, have produced a number of witnesses in an attempt to besmirch GRTU
and its Director General by implying that GRTU Officials acted unethically and
that the Director General acts in an intimidatory way.

The witnesses produced by Sandro Chetcuti are still to
be cross examined by the Prosecution regarding the claims made and the
assertions implied against the Director General.

The Director General will take all necessary action in
relation to the erroneous and misleading assertions made, possibly constituting
perjury, especially regarding the meetings referred to by Perit Michael Falzon
that could not have possibly been held as stated by Mr Falzon.

The GRTU Executive Council insists on clarifying the
misleading impression given by its former Officers Mr. Mark Saliba and Mr. Joe
Tabone of any wrongdoing in the management of the GRTU's Financial management.

GRTU, though not obliged at law, engages independent
reputable professional auditing firms to be responsible for all account
management, internal audit and external audit. All book keeping procedures are
practiced as approved by the auditors and standard corporate financial
practices are adhered to.

The issues mentioned by Mr. Mark Saliba and Mr. Joe
Tabone have been relentlessly explained and categorically denied publicly. The
GRTU Executive Council fully comprehends the motives behind the re-emergence of
these false assertions by individuals who have been voted out of the GRTU's
Executive Council by a majority of members in a free election.

Mr. Mark Saliba in his testimony referred to payments not
correctly accounted for and a bank account that had not been properly opened.

These insinuations were raised by Mr. Saliba at
Executive Council level and GRTU auditors and bankers had satisfactorily
explained to Mr. Saliba that what he stated was wrong and that the bank account
he referred to was not a GRTU account but an account opened on behalf of members
on the basis of a specific agreement with Government Authorities. Mr. Saliba
had confirmed to the Executive Council that he was satisfied with the explanations
given.

Mr. Tabone raised the issue of payments due to GRTU and
other constituted bodies that had assigned their rights to hold Trade Fairs to
the Malta Trade Fair Corporation. These funds were distributed to the Trade
Fair sponsoring bodies once the Trade Fair Corporation decided not to exercise
any longer the exclusive facility the sponsoring bodies had freely awarded to
the Trade Fair Corporation. Contrary to what Mr. Tabone has stated in Court,
the moneys GRTU has received are duly accounted for in GRTU bank accounts as
certified by the independent and public auditors and as confirmed to Mr. Tabone
by GRTU bankers. Mr. Tabone has been briefed fully on his claims by the
auditors and again the GRTU Executive Council is satisfied that Mr. Tabone had
accepted the verified explanation then given.

Other fallacious allegations and insinuations made by Mr
Tabone, Mr. Saliba and Perit Michael Falzon will be rebutted in Court by virtue
of witnesses and documented evidence, as being false and fabricated for their
ulterior motives.

An
international communication campaign is currently highlighting the diverse
cultural heritage and natural beauty that Europe has to offer at any time of
the year. The ‘Europe – Whenever you're ready' campaign, which will run from
the end of 2012 until December 2013, reminds tourists to discover the old
continent and enjoy the travel experience of a lifetime.

Thematic
packages and itineraries covering all four corners of the EU will be offered.
These include pan-EU and regional tours on religious, cultural heritage and
gastronomic themes – such as wine and olive oil routes – as well as tailored
packages incorporating historic and natural UNESCO sites. And it is easy to
travel to Europe with its single currency, open borders, well-designed infrastructure
and passenger rights. Indeed, it is a once-in-a-lifetime experience to discover
Europe's rich heritage and stunning beauty'.

With
contributions from well-known travel writers, journalists and bloggers, the
campaign aims to showcase the wide variety of unique opportunities that Europe
has to offer international tourists. Contributors' first-hand experiences,
spread through videos, blogs, magazines and websites, will unlock the not-to-be
missed sights as well as a number of ‘roads less travelled' throughout Europe.

Financed
by the European Commission, the ‘Europe – Whenever you're ready' campaign will
be organized in partnership with the European Travel Commission (ETC), the
umbrella organisation for national tourism boards in Europe. The campaign is designed
to add value to promotional activities of Member States and the European
tourism industry.

Key tourism figures

Tourism
has an important role in restoring economic growth in Europe. EU countries
account for more than 39% of global arrivals, making the EU the world's No. 1
tourist destination.

In
2011, the EU tourism industry recorded positive growth rates in most Member
States, compared with the same period in 2010. This trend is confirmed both by
the number of nights spent in hotels and similar accommodation, and by the net
occupancy rates of these establishments. Comparing the monthly figures for the
2011 summer season with the previous year, nearly 35 million more nights (+4.8
%) were spent in hotels and similar establishments in the European Union. The
highest increases were recorded in Bulgaria (+21.1%), Romania (+17.5%) and
Lithuania (+16.8%). The EU tourism industry generates more than 5% of EU GDP,
with about 1.8 million enterprises creating about 9.7 million jobs.

The Malta Competition and
Consumer Affairs Authority has been notified of a number of products which pose
a serious risk to consumers. The below details refer: Should your company
retail, import or distribute the product in question, you are requested to
notify GRTU without delays, so necessary action is taken as soon as possible.

If you are aware of any person or company who is retailing, importing or
distributing this product, kindly notify the undersigned so as to contact such
person or company.

May we remind you of the
obligations under the General Product Safety Act that manufacturers/ importers/
distributors of products on the market in Malta are required to report any
incidents occurring and involving products they represent.

Notification
1: Batch number/Barcode: 6296681902885. 5, 8 and 12-note
xylophones. One is mounted on a truck. Packaging: a cardboard box marked
'Wooden Toys'.

Dangers
Details: Choking and Strangulation. The products pose the risk
of choking because they generate small parts which may

easily be swallowed by a child.
The cord on the toy xylophone-truck is too long and may therefore pose a risk
of strangulation. The product does not comply with the Toys Directive and with
the relevant European standard EN 71-1.

Notification
2: Batch number/Barcode: 9789081897105, ISBN
978-90-818971-0-5. Black book with 216 magnetic, metal spheres on the front and
a split card. The black package contains the name in red: "How to…?" and
bears the age warning for children under 3 years.

Dangers
Details: Choking and Injuries. The product poses a risk of
choking because small parts can easily be swallowed by children. In addition,
the product poses a risk of injuries (intestinal blockage) because the magnets
have a high magnetic flux value and if more than one small magnet is swallowed
they can be attracted to one another through the gut wall, causing perforation
or blockage. The product does not comply with the Toy Safety Directive and with
the relevant European standard EN71-1.

Notification
3: Batch number/Barcode: 808986062186. Set of 4 toy train
engines for young children, made from soft plastic material; two big engines
(one with blue body and orange wheels and one with green body and blue wheels)
and two smaller ones (one with red body and green wheels and one with yellow
body and mauve wheels). The toy is packed in a blue cardboard box with a
window, decorated with yellow, dark blue and red stars. The packaging is
marked: "4pack Soft Racer. Touch me! Squeeze me!"; it has an age restriction "12M+"
.

Dangers
Details: Chemical. The toy poses a
chemical risk because it contains 12.3 % by weight of di(2-ethylhexyl)
phthalate (DEHP). In addition, it contains 0.7% by weight of di-‘isononyl'
phthalate (DINP). According to the REACH Regulation the phthalates DEHP, DBP
and BBP are prohibited in all toys and childcare articles, while phthalates
DINP, DIDP and DNOP are

prohibited in toys or childcare
articles that can be placed in the mouth by children.

Notification
4: Batch number/Barcode: 84350941326 and 843501098895

1. Police set, blister pack of 2 guns with
accessories, in retractable plastic. A set of guns with suction pad
projectiles.

2. Blister pack of rifle with accessories: handcuffs,
police badge and suction pad projectiles.

Dangers
Details: Choking. The suction cups can be
easily removed from the projectiles and could be put in the mouth and block the
airways. In addition, warnings and marking required by the standard are
missing. The product does not comply with the Toy Safety Directive and with the
relevant European standard EN 71-1.

Notification
5: Batch number/Barcode: 4894302000358. The set of toys
consists of one doll and two dolls' dresses on the hangers. The head of the
doll is made from flexible plastic. It is wearing a pink dress and shoes. The
toy is packed in a box with a window and is marked "Modern Girl", "Pretty
Girl". Approximate size of box is 18 x14 x 4 cm and the doll is 11 cm long.

Dangers
Details: Chemical. The toy poses a chemical risk because it
contains 38.5% by weight of di(2-ethylhexyl) phthalate (DEHP). According to the
REACH Regulation, the phthalates DEHP, DBP and BBP are prohibited in all toys
and childcare articles.

Notification
6: Batch number/Barcode: 4004-3. The package contains
four baby rattles in the shape of a foot, a hand, a round rattle and a face
with wings. They are made of brittle plastic with spinning balls containing
small beads. Colours: purple, blue, green and pink. Packed in a transparent
plastic bag closed with a colour printed card marked "Baby Sway Bell"
and "Baby Shakes Bell".

Dangers
Details: Choking. The product poses a risk of choking because
it can easily break releasing small parts which can be swallowed by small
children. In addition, the product contains contradictory age warnings on the
package. The product does not comply with the Toy Safety Directive and the
relevant European standard EN 71-1.

Since toys are for children, it is
important to have additional regulations to ensure safety. That's why the Netherlands
– one of the EU's main entry points for toys – has teamed up with China – one
of the EU's main sources of toy imports -signed an action plan called,
‘Cooperation in the field of toy safety'. The resulting collaboration will
promote toy safety and, by extension, promote child safety.

While the EU and China have been
collaborating on toy safety since 2002, the two sides formally agreed on an
action plan, ‘Cooperation in the field of toy safety‘, in Beijing on 25 October
2012. The signing parties were the Dutch Food and Consumer Product Safety
Authority (NVWA) and China's General Administration of Quality, Supervision and
Quarantine (AQSIQ).

Furthermore Rotterdam is one of the
EU's main entry points for toys, the Netherlands is integral to the European
toy market.  Hence this joint action
plan, which strengthens Chinese export controls and aligns them with Dutch
import controls, will further reduce the number of incompliant and unsafe toys
in the EU.

In practice, the joint action should
achieve seamless surveillance of the whole toy supply chain via close
cooperation between European market surveillance authorities and Chinese
exit-entry authorities. Product control will be improved by exchanging
information and linking control systems.

‘This pilot project is of fundamental
importance for the safety of toys in the EU, since many of our toys are
manufactured in China', European Commission's Director-General for Enterprise
and Industry, Daniel Calleja said. ‘This project should lead to a common
control system and a uniform interpretation of product standards for toys in
the EU and in China. Toys target the most vulnerable group of consumers, our
children, and improving toy safety is a key priority for the EU'.

The European Commission will be launching the final LIFE+
Call for Proposals. As per usual, the call will be open for project application
across the European Union targeting the environment under three headings:
nature and biodiversity, environment policy and governance, and information and
communication.

The National Contact Point within the Ministry for Tourism,
Culture and the Environment in collaboration with the Malta-EU Steering and
Action Committee (MEUSAC) would like to invite you to participate in a LIFE+
Information Session which shall be held at Europe House, 254 St Paul's Street,
Valletta on 1st March 2013, from 9am till 1pm. Registration opens at 8.30am.
During this information session you can get to know more about LIFE+, the 2013
call for proposal and hear about ongoing projects in Malta.

You can find more information on LIFE+ on European
Commission's website. Questions can be forwarded to the National Contact Point
on .

Registration can be made at: by not
later than 27th February 2013.

Products containing horse meat passed
off as beef in fact have been found not only in Ireland and in England, where
the scandal began, but also in Germany, Switzerland, France, Norway and
Denmark. In Ireland, last month, the Irish
Authorities have discovered that the hamburgers sold in supermarket chains,
including Tesco, contained horse meat and not only beef.

In England products 'contaminated' with
fragments of horse have been found in food served in schools, pubs and hotels,
while the chain Whitbread admitted to the contamination of lasagna and burgers.

It is worthy to note that paradoxically
this situation was created in the two countries that are known for being horse
lovers, holding the highest of respect for this animal, and eating horse meat
is considered a sacrilege.

The European Union is very worried and
is mobilizing to resolve this big problem.

The European Commission in fact has
announced that it plans to DNA-test meat products in all EU Member States to
assess the scale of the problem.

Following testing, if found necessary
the Commission will enforce stricter controls regarding mandatory origin
labeling.

Currently, this requirement only
applies to fresh beef, frozen or minced but does not apply to the beef as soon
as it is used in a meat product (e.g. sausages) or a prepared meal (e.g.
lasagne). Mandatory origin labeling should therefore be extended also to cover
such products and also to fresh lamb, pork and poultry in December 2014.

It's also very important to note that
at the same time increasing pressure will be put on companies that sell their
products to final consumers (and therefore responsible for the labeling) to pay
more attention to where they source their ingredients.

EuroCommerce, which represents GRTU at
Brussels level, and its members are working closely with authorities to
reaffirm consumers' trust in the labels on their food products.