Mur Lura
Government Notices published in Govt. Gazette No. 19,598 of 24 June 2016
01/01/2016
No. 636
PUBLICATION OF BILLS IN SUPPLEMENT
IT is notified for general information that the following Bills are published in the Supplement to this Gazette:
Bill No. 163 entitled the Probation (Amendment) Act, 2016; and
Bill No. 164 entitled the Malta Development Bank Act, 2016.
No. 637
APPOINTMENT OF ACTING ACCOUNTANT GENERAL
THE Permanent Secretary in the Ministry for Finance has approved the following acting appointment:
NAME POSITION DEPARTMENT DATE
Mr Albert Zahra Accountant General Treasury 29.06.2016 - 1.07.2016 4 -8.07.2016
No. 638
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 Commissioner 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 continues in that capacity, and/or for the period indicated in the same appointment, whichever is the earlier, the undermentioned:
Identity Malta
Ms Monica Farrugia
By Authority
OWEN BONNICI
Minister for Justice, Culture
and Local Government
No. 639
CODE OF ORGANIZATION AND CIVIL PROCEDURE (CAP. 12)
Appointment of Official Curator and Advocate
for Legal Aid (Malta) and Official Curator
and Advocate for Legal Aid (Gozo)
IT is notified for general information that Lawyer Josette Sultana, LLD, has been appointed Official Curator and Advocate for Legal Aid (Malta) and Lawyer Deborah Mercieca has been appointed Official Curator and Advocate for Legal Aid (Gozo) for the period between 1st July, 2016 and 8th February, 2017.
No. 640
CODE OF ORGANIZATION AND CIVIL PROCEDURE
CAP. 12
Resignation from Official Curator and
Advocate for Legal Aid (Malta)
IT is notified for general information that Lawyer Noel Cutajar, LLD, will be resigning from Official Curator and Advocate for Legal Aid (Malta) as from 1st July, 2016.
No. 641
LOCAL COUNCIL
DEPUTY EXECUTIVE SECRETARY
IT is hereby notified for general information that the following person has been appointed Deputy Executive Secretary of that Local Council with effect from the 13th June, 2016:
Local Council Deputy Executive Secretary
Il-Birgu Lara Mascena
No. 642
ENVIRONMENT AND RESOURCES AUTHORITY
ERA
Notification of Exemption from
Environmental Planning Statement
IN conformity with Regulation 3(8) of the Environmental Impact Assessment Regulations (S.L. 549.46) with respect to the application mentioned hereunder and in view of the fact that the Environment and Resources Authority has determined that the proposal is unlikely to have significant environmental impacts, the Director agrees that the proposal does not require the preparation of an Environmental Planning Statement (EPS).
The Project Description Statement (PDS) presented as part of the application has considered the environmental issues in a sufficient manner such that the preparation of an Environmental Planning Statement (EPS) would not add any new information and the Environment and Resources Authority has all the necessary information to determine the application. From the information presented in the Project Description Statement (PDS) and screening according to Schedule IB of the same Regulations, the proposal is not likely to have significant environmental effects.
A detailed justification is presented below:
Reference Number: PA03432/06 (EA 00011/16)
Location: Soft Stone Quarry No. 13, Tat-Tabib, Iklin
Proposal: To convert soft stone quarry into an open storage premises, soft landscaping areas and restoring of existing agricultural premises.
The following potential environmental impacts were identified and mitigation measures proposed in the Project Description Statement (PDS) submitted to the Environment and Resources Authority on the 11th April, 2016 and the justification for the exemption from carrying out an Environmental Impact Assessment (EIA) submitted on 18th May, 2016.
Notwithstanding the above, the Environment and Resources Authority reserves the right to request the applicant to submit additional information as may be necessary to determine the application.
Potential Impacts | Remarks on mitigation measures, etc. |
Waste generation | The amount of solid waste to be generated by the project during construction and operation is not likely to be significant considering the nature of the project. The management of waste is subject to the provisions laid out in the Waste Management Regulations (Legal Notice 184 of 2011, as amended). Operational waste will be managed through an environmental permit. |
Noise, vibration and air quality | Noise, vibration and fugitive dust will be generated from backfilling. Construction vehicles will generate Nitrogen Oxide (NOx) and noise emissions. Notwithstanding this, no significant impacts are envisaged as long as the Environmental Management Construction Site Regulations (Legal Notice 295 of 2007) are adhered to. Dust, noise and vibration emissions of the operational phase of the project is expected to be minimal given the nature of the proposal (open storage) and can be adequately managed through an Environmental Permit. |
Light pollution | During night-time, lighting is envisaged. Nevertheless, light emissions may be reduced with the use of down-lighters, or by minimisation of lighting. |
Impacts arising from liquid spillages/leaks into the environment | Potential liquid spillages during the construction phase can be mitigated through the proper application of appropriate mitigation measures identified in the Environmental Management Construction Site Regulations, 2007, combined with other standard permit safeguards for industrial developments. During operation, a combination of standard design-based and operational measures should be sufficient to ensure that there are no risks of contamination of land or water from releases of pollutants. |
No. 643
ARMED FORCES OF MALTA
REGULAR FORCE
WITH reference to Government Notice No. 499 published in the Government Gazette No. 19,578 it is notified that it is hereby being cancelled.
No. 644
MINISTRY FOR TRANSPORTAND INFRASTRUCTURE
Government Grant on the Purchase and Installation of Electric Vehicle Charging Pillars for the Business Community and NGOs
The Ministry for Transport and Infrastructure in conjunction with the Authority for Transport in Malta (Transport Malta) is launching a grant scheme to incentivise the Installation of Electric Vehicle Charging pillars for Companies and NGOs.
The grant will amount to a maximum of €2,000 per electric vehicle charging pillar. The scheme shall be deemed to come into effect on the 1st January, 2016 and applications will close on 31st December, 2016 or once the funds are exhausted.
The conditions binding the Applicants to this grant are listed in Article 2.2 below.
THE SCHEME
1. Interpretation
For the purpose of the scheme, unless the context otherwise requires:
‘applicant’ means the entity applying for the grant under this scheme who is either a registered NGO, registered Company or registered self-employed;
‘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);
‘electric vehicle charging pillar’ means a charging pillar having at least two charging ports for the simultaneous recharging of 2 electric vehicles or more. The pillar and related works shall be compliant with the relevant MSA electro-technical standards, occupational health and safety standards, and production quality management standards. Where relevant MSA standards do not exist, the relevant international standards (IEC, OHS and ISO) shall apply.
‘company’ means any commercial company registered in Malta with the Malta Financial Services Agency in accordance to law;
‘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;
‘grant’ means the grant being given under this scheme to the Applicant which satisfies the requirements of the scheme;
‘Malta’ means the islands of Malta and Gozo;
‘Minister’ means the Minister responsible for transport;
‘NGO’ means a Non-Government Organisation registered with the Malta Council for Voluntary Organisations in accordance with National Law;
‘person’ means a natural person;
‘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;
‘Member State’ means a Member State of the European Union;
‘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;
‘electric car’ means an M1 and N1 category plug-in electric vehicle or plug-in hybrid electric vehicle or a plug-in range extender electric 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 Plug-in REEV and the Plug-in Hybrid Electric Vehicle can have a guaranteed autonomy on a battery of a minimum 40km on pure electric charge before the range extender is automatically engaged as a back-up after the battery runs out.
2. Area of applicability
2.1 The scheme is for a grant to incentivise the Installation of Electric Vehicle Charging Pillars for Companies and NGOs.
2.2 The scheme consists of a grant of a maximum of €2,000 per charging pillar. The conditions bonding the Applicant to this grant include:
The charging pillar has to be installed in a site in which a commercial activity is carried out in case of a commercial entity, and in a site or reserved parking which is being used by an NGO or in private car parks made available for both commercial entities and NGOs. Charging Points are not to be installed in a residential property;
A full justification and description (including technical literature) of the intended investment;
The scheme is open (subject to listed conditions below) till the 31st December 2016 and on a first come first serve basis;
The applicant would have to commit that funds allocated are committed by 31st December 2016;
The allocated grant is in conformance with State Aid Rules. The Applicant needs to send the application and State Aid Declaration before making out any investment.
Every eligible entity can install more than one electric vehicle charging pillar but shall be entitled to only one ‘total’ grant under this scheme which will be inclusive for up to a maximum of five (5) charging pillars.
Manner of application and supporting documents
(i) An application for a grant under this scheme shall be made by the applicant following the issue of an invoice by the installing agent 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:
copy of a legally valid identification document of the applicant;
in the case of an NGO, a certified true copy of the certificate issued by the Malta Council for Voluntary Service.
Documentation, signed by the Company’s Auditor certifying the total costs incurred by the Agent on the installation, the total sum of which must not be less than €2,000.
The fiscal receipt covering the expenditure spent on the purchase and installation of the charging pillar(s) already incurred by the Applicant from its own funds.
(iii) Applications under this scheme, together with all the relevant documents, shall be submitted/sent by the Agent to the Vehicle Licensing Unit, Arcade Street, Paola, between 7.30 a.m. and 12.00 noon during working days.
4. Eligibility
To be eligible, an applicant should be registered either as a Company, self-employed or an NGO prior to 1st January 2016 with the respective authority/entity recognising the applicant within its remit (i.e. either MFSA or MCVO).
5. Payment of Grant
Where an applicant qualifies for the grant, the grant shall be granted by Transport Malta and it shall not be assessed as income for income tax purposes. Entities applying for the grant can still benefit from other incentives issued by the Government of Malta
The applicant may install more than one charging pillar, up to a maximum of five (5), specifically for its use, or for the use of its clients. Therefore, the applicant will be entitled to a maximum of €2,000 per charging pillar. If in the future similar grants will be extended, the same companies benefitting from this year’s grant can re-apply again for additional grants. This is being done to incentivize the switch for clean transport especially where entities are involved in vehicle fleet management.
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 applicant and advising him of the information required.
7. Refund of grant if the installation was not carried out
The Applicant must prove that it has installed an approved Electric Vehicle Charging Pillar(s). This installation has to be complete before Application. The Applicant has to send visual proof including photographs of the installed pillar(s).
8. Duration of scheme
This scheme shall remain into force for a maximum period of twelve months beginning on the 1st of January, 2016 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 €25,000. 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
Beneficiaries applying for these grants should make sure that they are within the limits of the de minimis Regulation and will have to fill in 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 Ministry for Transport shall report the matter to the Police in order for criminal procedures to be instituted. In the event of an incorrect payment of a claim, the Ministry for Transport reserves the right to recover funds paid in error. This also applies to Commercial Companies, especially with respect to State Aid Declarations. Companies are to make sure that the information provided is correct.
No. 645
MINISTRY FOR TRANSPORT
AND INFRASTRUCTURE
Government Grant for the Upgrading
of New Plug-in Electric Vehicle Importers’
Service Centres and
Staff Training
The Ministry for Transport and Infrastructure in conjunction with the Authority for Transport in Malta (Transport Malta) is launching a grant scheme to incentivise the Upgrading of Electric Vehicle Service Garages established within new plug-in EV Car Importers.
The grant will amount to a maximum of €25,000 per Car Importer. The scheme comes into effect on the 1st of January 2016 and applications will close on 31st December 2016 or once the funds are exhausted. The refunds will be disbursed up till the 31st December, 2016.
The conditions binding the Car Importers to this grant are listed in Article 2.2 below.
THE SCHEME
1. Interpretation
For the purpose of the scheme, unless the context otherwise requires:
‘applicant’ means the company applying for the grant under this scheme and who, apart from having been in operation in Malta prior to the 1st January 2016, is also the Importer of plug-in electric vehicles 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);
‘dealer’ or ‘agent’ means a person or entity authorised to import, sell or buy motor vehicles;
‘company’ means any commercial company registered in Malta with the Malta Financial Services Agency in accordance to law
‘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;
‘grant’ means the grant being given under this scheme to the Applicant which satisfies the requirements of the scheme;
‘Malta’ means the islands of Malta;
‘Minister’ means the Minister responsible for transport;
‘person’ means a natural person;
‘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;
‘Member State’ means a Member State of the European Union;
‘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;
‘electric vehicle ’ means an M1 and N1 category electric vehicle or a plug-in hybrid electric vehicle or a range extender electric 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 this grant, the plug-in hybrid electric vehicle and the REEV can have a guaranteed autonomy on a battery of a minimum 40km on pure electric charge before the range extender is automatically engaged as a back-up after the battery runs out.
2. Area of applicability
2.1 The scheme is for a grant intended for established new-Car Importers and their current Service Garages to cater for the maintenance of new Plug-in Electric Vehicle models currently both on the Maltese car market and new vehicles intended to be introduced on the Maltese new car market.
The grant can also be used for/or in conjunction with staff training and re-training of persons working with the dealer fo repairs and maintenance of electric vehicles imported by the same agent.
2.2. The scheme consists of a grant of a maximum of €25,000 per new Car Importer. The conditions bonding the Car Importers to this grant include:
A full justification and description (including technical literature) of the intended investment;
The engagement of the Car Importer into an effective market penetration (making available for sale) of electric vehicles;
The expenditure of a minimum of €10,000 by the Car Importer on the same upgrade of the Service Garage;
Staff Training may be included in the Project;
The scheme is open (subject to listed conditions below) till the 31st December 2016 and on a first come first serve basis;
The applicant would have to commit that funds allocated are committed by 31st December 2016;
The allocated grant is in conformance with State Aid Rules.
Applicant is to pre apply with the Authorities before claiming any expenses to verify State Aid Declaration.
Every eligible company shall be entitled to only one grant under this scheme.
Car importers will have to commit to the introduction of new Plug-in Electric Vehicle models on the Maltese Market which will be imported, introduced and placed for sale in Malta by not later than January 2017;
3. Manner of application and supporting documents
(i) An application for a grant under this scheme shall be made by the Applicant 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:
copy of a legally valid identification document of the applicant;
Documentation, signed by the Company’s Auditor certifying the total costs incurred by the beneficiary on the Upgrading Project, the total sum of which must not be less than €10,000.
the fiscal receipt covering the expenditure of a minimum of €10,000 already incurred by the beneficiary or a proforma invoice of intended investment from its own funds, towards the same Upgrading (if the investment does not materialise as indicated, the funds allocated by the respective authorities will be claimed back);
(iii) Applications under this scheme, together with all the relevant documents, shall be submitted/sent by the Agent to the Vehicle Licensing Unit, Arcade Street, Paola,, between 7.30 a.m. and noon (12.00 p.m.) during working days.
4. Eligibility
To be eligible, the Applicant should have been registered prior to 1st January 2016 with the respective Authorities.
5. Payment of Grant
Where an applicant qualifies for the grant, the grant shall be granted by Transport Malta and it shall not be assessed as income for income tax purposes. Companies applying for the grant can still benefit from other incentives issued by the Government of Malta
Car Importers can apply for a maximum of one grant. If in the future similar grants will be extended, the same companies benefitting from this year’s grant can re-apply again for additional grants. This is being done to incentivize the switch for clean transport especially where companies are involved in vehicle fleet management.
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 or applicant and advising him of the information required.
7. Refund of grant if the Market penetration is not achieved
With respect to New Car Importers it must be proven that it has/is engaging into Market penetration (making available for sale) of Electric Vehicles in Malta and Gozo before the expiry of the dates referred to above.
Failure to import new EV Models on the local market, as per commitment in Section 2.2 above, the grant needs to be refunded back to the Authority.
8. Duration of scheme
This scheme shall remain into force for a maximum period of twelve months beginning on the 1st January 2016 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 €75,000. 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
Companies applying for these grants should make sure that they are within the limits of the de minimis Regulation and will have to fill in 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 Ministry for Transport shall report the matter to the Police in order for criminal procedures to be instituted. In the event of an incorrect payment of a claim, the Ministry for Transport reserves the right to recover funds paid in error. This also applies to Commercial Companies, especially with respect to State Aid Declarations. Companies are to make sure that the information provided is correct.
No. 652
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
24.6.2016€36.374€0.521