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Government Notices published in Govt. Gazette No. 19,383 of 17 February 2015
01/01/2015
No. 138
RESUMPTION OF DUTIES BY THE PRIME MINISTER
IT is notified for general information that the Hon. Joseph Muscat, KUOM, BCom., BA (Hons.), MA (European Studies), PhD (Bristol), MP, resumed duties as Prime Minister on Thursday, 12th February, 2015 and that the arrangements made by Government Notice No. 126 of the 11th February, 2015, ceased to have effect accordingly.
No. 139
LEGAL NOTICES PUBLISHED IN THE SUPPLEMENT TO THE GOVERNMENT GAZETTE
IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 19,382 of 13th February, 2015.
L.N. 45 of 2015: Data Protection Act (Cap. 440); Transfer of Personal Data to Third Countries (Amendment) Order, 2015.
L.N. 46 of 2015: Malta Film Commission Act (Cap. 478); Malta Film Commission Act (Substitution of Schedule) Regulations, 2015.
L.N. 47 of 2015: Malta Film Commission Act (Cap. 478); Financial Incentives for the Audiovisual Industry Regulations, 2015.
L.N. 48 of 2015: Local Loans(Registered Stock and Securities) Ordinance (Cap. 161); Directive by the Minister for Finance for the Issue of Euro 120,000,000 Malta Government Stocks.
L.N. 49 of 2015: Product Safety Act (Cap. 427); Pressure Equipment (Amendment) Regulations, 2015.
L.N. 50 of 2015: Public Administration Act (Cap. 497); Public Administration Act (Amendment of Second Schedule) Order, 2015.
No. 140
RELEASE OF LAND
THE following declaration made by the President of Malta under article 3 of the Land Acquisition (Public Purposes) Ordinance (Chapter 88) is published in terms and for the purposes of section 9(1) thereof.
Declaration OF the President of Malta
Whereas by the Declaration of the President of Malta dated 15th February, 1985, published in Government Gazette dated 26th February, 1985 under Government Notice No. 176, the President of Malta had declared that the premises described hereunder were required by the competent authority for a public purpose in accordance with the provisions of the Land Acquisition (Public Purposes) Ordinance (Cap. 88) and whereas these premises are no longer so required, I hereby declare for all intents and purposes of law, that the undermentioned premises are no longer required by the competent authority for a public purpose in accordance with the provisions of the aforementioned Ordinance.
Description of the Land
The following premises in Ħal Balzan:
1. Part of premises No. 3, Alley No. 3, Triq il-Kbira, measuring 137 square metres, bounded on the West with public road, on the East by property of the heirs of Peter Muscat, and on the North part of property of Mr Anthony Ebejer and part by a public road.
The part mentioned includes: 2 rooms and a porch, parts from 3 other rooms and part from the yard in the ground floor, 2 rooms, terrace and part of the stairs on the first floor, terrace with steps and part of another stairs on the second floor and the airspace of the mentioned property.
The abovementioned premises are shown marked on plan L.D.162/84, which may be viewed on demand at the Land Department, Auberge de Baviere, Valletta.
(Sgd) Marie-louise Coleiro Preca
President
No. 141
Release of Land
Amendment
IT is hereby notified that, with reference to Government Notice 91 published in Government Gazette No. 19,376 dated 30th January, 2015, the title in the same Notice should read ‘Release of Land’
No. 142
REGIONAL COMMITTEE ACTING EXECUTIVE SECRETARY
IT is hereby notified for general information that the following person has been appointed Acting Executive Secretary of that Regional Committee with effect from the 2nd February, 2015.
Regional Committee Acting Executive Secretary
South EasternJoan Mangion
No. 143
LOCAL COUNCILS ACT
CAP. 363
the Electoral Commission notifies that the candidate elected as Councillor in the casual election held on Monday, 16th February, 2015 for the Local Council of L-Imqabba to fill the post vacated by Mr Nicholas Briffa is that whose name is shown hereunder:–
FARRUGIA ANITA (ANNA RITA)
J. CHURCH
Chief Electoral Commissioner
Office of the Electoral Commission,
Evans Building,
Merchants Street,
Il-Belt Valletta.
No. 144
Ministry for Transport and Infrastructure
Extending the Government grant on the purchase of electric vehicles for the Business Community and NGOs
The Government in conjunction with Transport Malta is extending to the Business Community and registered Non-Government Organisations (NGOs) the current grant scheme in force on the purchase of Battery Electric Vehicles to incentivise the purchase of electric M1 and N1 vehicles and electric quadricycles whilst at the same time reducing the number of old motor vehicles from the road. The original scheme published in virtue of Government Notice No. 150 of the 14th February, 2014 in the Government Gazette and amended by Government Notice No. 351 of the 4th April, 2014 which was intended for private individuals who make use of vehicles for their personal use and not for hire or reward or in connection with their business, is still in force and thus continues to form part of this new scheme.
For clarity, the scheme (subject to various conditions) is as follows:
(i) For private individuals, the grant will amount to:
a) €4,000 to persons registering an electric M1 vehicle;
b) €5,000 to persons registering an electric M1 vehicle and de-registering another M1 vehicle which is at least 10 years old from year of manufacture;
c) €1,500 to persons registering an electric quadricycle.
(ii) For non-government organisations, the grant will amount to:
a) €4,000 to NGO’s registering an electric M1 vehicle;
b) €5,000 to NGO’s registering an electric M1 vehicle and de-registering another M1 vehicle which is at least 10 years old from year of manufacture;
c) €1,500 to NGO’s registering an electric quadricycle.
(iii) For the business community, the grant will amount to:
a) €4,000 to businesses registering an electric M1 or N1 vehicle;
b) €5,000 to businesses registering an electric M1 or N1 vehicle and de-registering another M1 or N1 vehicle which is at least 10 years old from year of manufacture; and which is registered, garaged or licensed to be used on the road until the date of application for the grant;
c) €1,500 to businesses registering an electric quadricycle.
The scheme is deemed to have come into effect on the 1st January 2015 and is on a first come first serve basis. The scheme shall remain open until the allocated budget is exhausted.
THE SCHEME
1. Interpretation
For the purpose of the scheme, unless the context otherwise requires:
‘applicant’ means the person applying for the grant under this scheme and who, apart from being a person residing in Malta, is the purchaser of an electric M1 or N1 vehicle or of an electric quadricycle as defined hereunder;
‘application’ means the application made for a grant under this scheme;
‘Authority’ means the Authority for Transport in Malta set up under the provisions of the Authority for Transport in Malta Act (Cap. 499);
‘seller’ means an agent or dealer as defined under this scheme;
‘certificate of conformity’ means the document set out in Annex IX of Directive 2007/46/EC, issued by the manufacturer and certifying that a vehicle belonging to the series of the type approved in accordance with that Directive complies with all regulatory acts at the time of its production;
‘vehicle registration certificate’ means the vehicle registration certificate issued by the Authority providing proof of registration of the motor vehicle.
‘authorised treatment facility’ has the same meaning as assigned to it in the Registration and Licensing of Motor Vehicles Regulations (SL368.02);
‘grant’ means the grant being given under this scheme to the purchaser of a motor vehicle which satisfies the requirements of paragraph 4 (ii);
‘registered company’ means any commercial company registered in Malta with the Malta Financial Services Authority;
‘electric quadricycle’ means an L7e category vehicle as defined in Article 1 of Directive 2002/24/EC relating to the type-approval of two or three-wheel motor vehicles, as amended; the quadricycle needs to have safety features including seat belts, be a two passenger vehicle (including driver and can be used on the road;
‘Malta’ means the islands of Malta;
‘Minister’ means the Minister responsible for transport;
‘dealer’ or ‘agent’ means a person or entity authorised to import, sell or buy motor vehicles;
‘business’ means any commercial company including partnerships registered in Malta with the Malta Financial Services Authority or a self-employed person in accordance to National Law or a cooperative society;
‘non-government organisations’ means any Non-Government Organisation (NGO) officially registered with the Malta Council for Voluntary Services;
‘person’ means a natural person;
‘registered self employed’ means, for the purpose of this scheme, any person who resides in Malta and is registered with the Employment Corporation, the Inland Revenue Department, the Value Added Tax Department and have a trade licence from the Trade Department;
‘person residing in Malta’ means a natural person who either holds a legally valid identification document issued in terms of the Identity Card and other Identity Documents Act (Cap. 258) or who has a residence permit or a letter issued from the expatriate office at the Ministry of Foreign Affairs;
‘registered owner’ means the person or undertaking in whose name a motor vehicle is registered by the Authority;
‘Member State’ means a Member State of the European Union;
‘registration tax’ means the registration tax charged and levied in terms of the Motor Vehicles Registration and Licensing Act under the laws of Malta (Cap. 368);
‘de-registered’ means, for the purpose of this scheme, the permanent removal of a motor vehicle from its registration with Transport Malta and thereafter, that motor vehicle shall never be registered again to be used on the road in Malta;
‘European Union’ has the same meaning as is assigned to it by article 2 of the European Union Act (Cap. 460), and includes Norway, Iceland and Liechtenstein;
‘private use’ means for use by a private individual and not for hire or reward or in connection with such individual’s business;
‘electric vehicle’ means an M1 or N1 vehicle fully powered by one or more electric motors using electrical energy stored in batteries; a range extender electric vehicle means a vehicle having a range extender engine which recharges the battery to prolong the autonomy of the engine. The range extender engine will only be engaged when the battery level drops at a specific point, thus acting as a generator to produce electricity, thus extending the normal range of the electric vehicle provided that for the purpose of the grant, the REEV can have a guaranteed autonomy on a battery of a minimum 130km on pure electric charge before the range extender is automatically engaged as a back-up after the battery runs out. All vehicles shall have a length that does not exceed 5,000mm as certified on the certificate of conformity;
‘de-registered vehicle’ means an M1 or N1 vehicle which has been de-registered;
‘M1 vehicle’ means, for the purposes of this scheme, a motor vehicle used for the carriage of persons and which may carry no more than eight passengers in addition to the driver;
‘N1 vehicle’ means a motor vehicle used for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes;
‘used motor vehicle’ means a motor vehicle that has been registered;
‘purchaser’ means a person, business person or a non-government organization buying the vehicle from another country or from the local agent or dealer, having that vehicle registered in his name and being the applicant for the grant under this scheme;
2. Area of applicability
2.1 The scheme for a grant for the purchase of an electric car or electric quadricycle applies to any person residing in Malta, as well as commercial undertakings and non-government organisations and if that person or entity is applying for the €5,000 grant, that person or entity shall be the registered owner of an M1 or an N1 vehicle which is at least 10 years old from year of manufacture, provided that such vehicle shall continue to be so registered, garaged or licensed until the date of application for the grant , and is de-registered at the time of the registration of the electric vehicle.
2.2. The scheme, subject to various conditions referred to in this Notice, consists of a grant as follows:
For private individual:
a) €4,000 to persons registering an electric M1 vehicle;
b) €5,000 to persons registering an electric M1 vehicle and de-registering another M1 vehicle which is at least 10 years old from year of manufacture;
c) €1,500 to persons registering an electric quadricycle.
For non-government organisations:
a) €4,000 to NGOs registering an electric M1 vehicle;
b) €5,000 to NGOs registering an electric M1 vehicle and de-registering another M1 vehicle which is at least 10 years old from year of manufacture;
c) €1,500 to NGOs registering an electric quadricycle.
For businesses:
a) €4,000 to businesses registering an electric M1 or N1 vehicle;
b) €5,000 to businesses registering an electric M1 or N1 vehicle and de-registering another M1 or N1 vehicle which is at least 10 years old from year of manufacture; and which is registered, garaged or licensed to be used on the road until the date of application for the grant;
c) €1,500 to businesses registering an electric quadricycle.
Every private individual and NGO shall be entitled to the purchase of one vehicle under this scheme with a maximum grant of €5,000.
On the other hand, a registered company, partnership, cooperative society or a registered self-employed as defined in this Government Notice shall be entitled to a maximum grant of €10,000, which can be in the form of a combination of different types of vehicles as defined in this Notice.
Example, a company may apply for a total of six quadricycles with a total grant of €9,000 or a mix of M1, N1 and L7e vehicles as long as the total grant does not exceed €10,000.
3. Manner of application and supporting documents
(i) An application for a grant under this scheme shall be made either by the agent/dealer or by the purchaser following the issue of an invoice by the agent/dealer to the purchaser, in the form set out in the schedule to this scheme and shall contain all the information, details and documents as required in the said form and in terms of this scheme.
(ii) Applications shall be accompanied by the following documents:
(a) copy of a legally valid identification document of the applicant or a residence permit or letter issued by the expatriate office;
(b) a copy of the Certificate of Conformity, detailing the chassis number and length of the vehicle in the case of new vehicles and new quadricycles only;
(c) the original registration certificate and the original valuation printout issued from the Authority’s Technical Unit in the case of used vehicles and quadricycles;
(d) a destruction certificate issued by the approved destruction facility certifying that the vehicle which is being scrapped has been destructed in the approved destruction facility (applicable if another vehicle is being scrapped);
(e) in the case of a company or partnership, a certified true copy of the Articles of Association or VAT certificate;
(f) in the case of self-employed or a cooperative society, a certified true copy of the VAT certificate;
(g) in the case of an NGO, a certified true copy of certificate issued by the Malta Council for Voluntary Service.
(iii) Applications (as shown on pages 1159) under this scheme, together with all the relevant documents, shall be submitted/sent by the agent or dealer on behalf of the applicant to the Vehicle Licensing Unit, Hornworks Ditch, Floriana, Hall C, between 7.30 a.m. and noon during working days, together with all other relevant documents required for the registration of the vehicle, including the State aid application form.
4. Eligibility
(i) To be eligible, an applicant shall conform to sub-section 2.1 or 2.2 of Section 2.
(ii) To qualify, the electric vehicle (M1 or N1 vehicle) shall:
(a) be either new or used and having not more than 24 months from date of first registration and not more than 12,000 km on the odometer;
(b) not have been registered in Malta before the 1st January, 2015;
(c) be licensed for private use or used in connection with the provision of voluntary services or the activity of a business;
(d) have a length that does not exceed 5,000mm as certified on the Certificate of Conformity in the case of new vehicles; or
(e) have a length that does not exceed 5,000mm as certified on the original valuation
printout issued from the Authority’s Technical Unit in the case of used vehicles.
printout issued from the Authority’s Technical Unit in the case of used vehicles.
(ii) To qualify, the electric quadricycle shall:
a) be either new or used and have not more than 24 months from date of first registration and not more than 12,000km on the odometer;
b) not have been registered with the Authority before the 1st January, 2015;
c) be licensed for private use.
(iv) To qualify for the €5,000 grant, the motor vehicle to be de-registered shall:
(a) be at least ten (10) years old on the date of application, the age of the vehicle being determined as the calendar year as on the date of application less the year of manufacture as certified on the vehicle registration certificate;
(b) have been registered, garaged or licensed with the Authority in the name of the applicant on the date of application, as shown on the vehicle’s registration certificate or as confirmed by the Authority;
(c) be de-registered prior to the registration of the new vehicle;
(d) once de-registered, the motor vehicle shall be destroyed in accordance with the provisions of Part VIII of the Registration and Licensing of Motor Vehicles Regulations (SL368.02).
5. Payment of Grant
Where an applicant qualifies for the grant, the grant shall be deducted by Transport Malta from the total amount of registration tax due on that particular vehicle being registered in the name of the purchaser. The registration tax will then be topped up with the equivalent amount by means of a transfer. The grant would still be payable when the customer enjoys an exemption from registration tax and, in such a case, separate financial arrangements are made.
The grant given to the purchaser shall not be assessed as income for income tax purposes. Businesses applying for the grant can still benefit from incentives in place with respect to the purchase of Battery Electric Vehicles for tax purposes.
A registered company, partnership, cooperative society or a registered self-employed can apply for a number of grants but the total of the grant shall not exceed €10,000 for the duration of the scheme whilst NGO’s shall be entitled to the purchase of one vehicle under this scheme with a maximum grant of €5,000.
6. Validity of application
An application shall not be deemed to have been submitted by the applicant unless it is completed in full and is accompanied by all the relevant documents. If the application is not completed correctly and the relevant documents are not included, the claim for the grant shall not be processed unless the missing information is provided. The Authority shall write to the agent/dealer or applicant and advising him of the information required.
7. Refund of grant if the vehicle is transferred
The new motor vehicle purchased by the applicant for the grant shall remain registered in his name for a period of at least thirty-six (36) months from the date of first registration. If the registered owner of a new motor vehicle on which a grant has been provided under this scheme transfers the said vehicle, for any reason other than a transfer causa mortis to a heir, to a third party before the expiry of the thirty-six month period, then that person shall refund the grant received to the Authority.
8. Duration of scheme
This scheme shall remain into force until the 31st December 2015 unless modified or terminated beforehand by a Notice in the Government Gazette. The scheme shall be automatically terminated when the total amount of the grants reach the amount of €100,000. Notwithstanding, Government may terminate the scheme at any time by giving prior notice.
The scheme may be renewed as deemed necessary by the Minister by a Notice in the Government Gazette.
9. State Aid
For the purpose of applicants that carry out an economic activity, this scheme will be implemented in accordance with the provisions of Commission Regulation (EU) No 1407/2013 of 18th December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid, Official Journal L 352/1 of 24 December 2013. Companies, self-employed persons and NGOs that carry out an economic activity applying for these grants should make sure that they are within the limits of State Aid and will have to fill the attached form on State Aid.
10. Amendments to the scheme
The Minister responsible for transport shall have the right to make any amendments to this scheme by a Notice in the Government Gazette.
11. Fraudulent claims
Where a fraudulent claim arises, the Minister responsible for transport may institute criminal proceedings against those responsible. In the event of an incorrect payment of a claim, the Ministry responsible for transport reserves the right to recover funds paid in error. This also applies to Businesses and NGOs, especially with respect to State Aid declarations. Companies are to make sure that the information provided is correct.
No. 145
WARRANT BY THE MINISTER FOR JUSTICE, culture and local government
IT is notified that, in exercise of such powers as provided by Article (3) of the Commissioners for Oaths Ordinance (Cap. 79) the Minister for Justice, Culture and Local Government appointed as Commissioner for Oaths, whilst performing such functions and as long as she continue in that capacity, and/or for the period indicated in the same appointment, whichever is the earlier, the undermentioned:
Malta Financial Services Authority
Dr Geraldine A. Baldacchino LLB, LLM (Melit.), LLD
By Authority
Owen bonnici
Minister for Justice,
Culture and Local Government
No. 146
NOTICE IN TERMS OF THE PRIVATE GUARDS AND LOCAL WARDENS ACT, 1996
ACT No. XIII of 1996
The Commissioner of Police, in terms of sections 7 and 8 of the Private Guards and Local Wardens Act, 1996 hereby notifies that the following applications as mentioned hereunder have been received:
Application for licence of a Private Guard Agency
Application for licence of a Private Guard
Any person may, within one month from the publication of this notice, object in writing to the Commissioner about the issue of the above licences on any of the grounds listed in section 10 ofthe Private Guards and Local Wardens Act, 1996, which are:
(a) where the applicant or any officer of the applicant or any person who has an effective control of the services to be provided by the applicant -
(i) has been convicted in Malta or elsewhere of any crimeagainst the safety of the state,or of any crime of voluntaryharm or injury to any person or any crime against property or public trust or any other seriouscrime; or
(ii) has been declared bankrupt or his financial positionis precarious or otherwiserenders the applicantunsuitable; or
(iii) has been discharged from the police or armed forces or the prison services because of any offence or other misbehaviour; or
(iv) is a public officer or a member of the police or Armed Forces or the prison services; or
(b) when information is available which is in the public interest; or
(c) where the applicant does not possess the necessary qualifications as may be prescribed by or under the Act.
Name and Surname | Identity Card No. | Address |
Charles Pisani | 649959 (M) | Private Address:- “Chardor”. Triq il-Bikri, Żabbar. Agency Address:- “IQ Security”, 19, Triq il-Kittien, Żabbar. |
Name and Surname | Identity Card No. | Address |
Charles Pisani | 649959 (M) | Private Address:- “Chardor”. Triq il-Bikri, Żabbar. Agency Address:- “IQ Security”, 19, Triq il-Kittien, Żabbar. |
No. 147
GOLDSMITHS AND SILVERSMITHS ACT
CAP. 46
THE Commissioner of Inland Revenue notifies that on the date shown hereunder, the price of gold and silver on which valuations made by the Consuls for Goldsmiths and Silversmiths are based has been fixed for the purposes of article 14 of the said Act as follows:–
DatePure GoldPure Silver
GramsGrams
17.2.2015€34.944€0.507