Government Notices published in Govt. Gazette No. 19,994 of 22nd May 2018

IT is notified for general information that the following Act is published in the Supplement to this Gazette:

Act No. XVII of 2018 entitled the Passenger Name Record (Data) Act.

IT is notified for general information that the following Bills are published in the Supplement to this Gazzette:

Bill No. 43 entitled the Innovative Technology Arrangements and Services Act, 2018;

Bill No. 44 entitled the Virtual Financial Assets Act, 2018;

Bill No. 45 entitled the Malta Digital Innovation Authority Act, 2018; and

Bill No. 46 entitled the Trade Secrets Act, 2018.

IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 19,91 of the 15th May, 2018, and No. 19,993 of the 18th May, 2018, respectively.

L.N. 154 of 2018: Gender-Based Violence and Domestic Violence Act, 2018 (Act XIII of 2018); Commencement Notice.

L.N. 155 of 2018: Notarial Profession and Notarial Archives Act (Cap. 55); Notaries’ Code of Ethics Regulations, 2018.

L.N. 156 of 2018: Notarial Profession and Notarial Archives Act (Cap. 55); Qualifications for Notarial Appointment Regulations, 2018.

L.N. 157 of 2018: Notarial Profession and Notarial Archives Act (Cap. 55); Examination of Title (Amendment) Regulations, 2018.

THE Permanent Secretary in the Ministry for the Economy, Investment and Small Business has approved the following acting appointment:

NAMEPOSTDEPARTMENTDATE

Mr Brian MontebelloDirector GeneralCommerce23.5.2018 - 26.5.2018

Official Curators and Advocates for Legal Aid

IT IS NOTIFIED for general information that the Minister for Justice, Culture and Local Government appointed the following as Official Curators and Advocates for Legal Aid for the period between 1st June, 2018 and 7th February, 2019.

Advocates for Legal Aid for Malta

Dr Dustin Camilleri, LLD

Dr Natalino Caruana de Brincat, LLD

Dr Charmaine Cherrett, LLD

Dr Raisa Colombo, LLD

Dr Martha Mifsud, LLD

Appointment of Notary Delegate/Keeper

IT is hereby notified that in exercise of the powers conferred by Article 20 of the Notarial Profession and Notarial Archives Act, the Court of Revision of Notarial Acts has appointed Notary Dr Marco Burlò to be notary delegate and keeper of the Acts for Notary Dr Luca Burlò for the period between the 23rd May, 2018 and the 10th June, 2018.

Today, the 18th May, 2018

JANET CALLEJA

For the Registrar, Court of Revision of Notarial Acts

IN exercise of the powers conferred by Article 113 of the Civil Code (Cap. 16), the Minister for Justice, Culture and Local Government has made this Order whereby the Adoption Order dated 25th January, 2018, issued by the Honourable Judge Pranab Kr. Routray of the Family Court of Keonjhar, India, is being specified as an intercountry adoption of the person therein mentioned for the purposes of Articles 113, 130 and 130A of the Civil Code.

(Sgd) OWEN BONNICI

Minister for Justice, Culture and Local Government

IN exercise of the powers conferred by Article 113 of the Civil Code (Cap. 16), the Minister for Justice, Culture and Local Government has made this Order whereby the Adoption Order dated 15th November, 2017, issued by the Honourable Judge B. Ram of the Family Court of Kabirdham (Kawardha), India, is being specified as an intercountry adoption of the person therein mentioned for the purposes of Articles 113, 130 and 130A of the Civil Code.

(Sgd) OWEN BONNICI

Minister for Justice, Culture and Local Government

IN exercise of the powers conferred by Article 113 of the Civil Code (Cap. 16), the Minister for Justice, Culture and Local Government has made this Order whereby the Adoption Order dated 23rd April, 2018, issued by the Honourable Jana Dudikova of the District Court of Kosice-Okolie, Slovakia, is being specified as an intercountry adoption of the person therein mentioned for the purposes of Articles 113, 130 and 130A of the Civil Code.

 (Sgd) OWEN BONNICI

 Minister for Justice, Culture and Local Government

IN exercise of the powers conferred by Article 113 of the Civil Code (Cap. 16), the Minister for Justice, Culture and Local Government has made this Order whereby the Adoption Order dated 29th December, 2017, issued by the Honourable Judge Vinodchandra Dhanjibhai Parmar of the District Court of Nadiad, India, is being specified as an intercountry adoption of the person therein mentioned for the purposes of Articles 113, 130 and 130A of the Civil Code.

(Sgd) OWEN BONNICI

Minister for Justice, Culture and Local Government

IT is hereby notified for general information that the Government of Brazil has appointed Ms Maria Cidalia Tojeiro Kok as Honorary Consul for Brazil in Malta.

The Consulate is situated at:

West 3, Flat 604 – Fort Cambridge, Triq Tigne, SLM 3175, Malta

Telephone number: +356 2099 5381

Mobile no: +356 9950 3595

Email: (consulado.honorario.br.mt@gmail.com)

Government Grant on the Installation of Bicycle Racks/Ancillary Facilities in Localities or within Enterprises’ Premises

IN ORDER to incentivise the use of alternative green means of transport while, at the same time, encouraging physical exercise and a healthier life style the Minister for Finance is allocating funds whereby local councils and enterprises are encouraged to come up with a plan to promote the use of bicycles as a means of transportation within localities and to and from the workplace. 

To this end, the Ministry for Finance has set up a fund to cover the expenditure incurred by local councils and enterprises to install bicycle racks and ancillary facilities.

Local councils and enterprises can apply for funds by submitting the application form after having consulted the applicable guidelines that are accessible on (www.finance.gov.mt).

1. Interpretation

In this scheme, unless the context otherwise requires:

‘applicant’ means the person applying for the grant under this scheme on behalf of the local council or the registered enterprise applying for the grant under this scheme;

‘application’ means the application made for a grant under this scheme;

‘guidelines’ means guidance documents that provide the applicable specifications and instructions for installation and purchasing of bicycle racks. These guidelines are accessible at www.finance.gov.mt;

‘local council’ means a local council established under the Local Councils Act (Cap 363 of the laws of Malta) and as designated in the Second Schedule annexed to this Act;

‘registered enterprise’ means a legal entity possessing the right to conduct business on its own, for example to enter into contracts, own property, incur liabilities and establish bank accounts. An enterprise may be a corporation, a quasi- corporation, a non-profit institution, or an unincorporated enterprise. The enterprise has to be registered with the competent authority;

‘effective date’ means the 1st January, 2018;

‘fiscal receipt’ means a receipt as defined in the Thirteenth Schedule to the Value Added Tax (Cap. 406), as subsequently amended, and also includes any regulation made by the same Act;

‘bicycle racks’ means facilities for short-term or long term bicycle parking as defined in the guidelines that are intended as instructions for purchase and installation of bicycle racks and ancillary facilities;

‘Ancillary facilities’ means equipment, buildings, structures and improvements that expand the comfort and safety necessary to support the use of a bicycle as a means of transportation;

‘capital expenditure’ means expenditure related to the purchase and installation of bicycle racks and ancillary facilities,

‘Malta’ means the islands of Malta;

‘Minister’ means the Minister responsible for Finance;

‘businesses’ means any commercial company including partnerships registered in Malta with the Malta Financial Services Authority;

‘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;

‘purchase price’ means the total purchase price of the complete equipment including VAT and which purchase price has been paid in full by the applicant prior to applying for reimbursement. 

2. Area of applicability

This scheme relates to the expenditure that is incurred in the purchase price and installation of bicycle racks within the locality or the purchase price and installation of bicycle racks/ancillary facilities within the enterprises’ premises, and which purchase and works were carried out from the effective date or afterwards and completed by the end of December 2018. 

3. Expenditure to be reported

The expenditure to be reported is in respect of the purchase price and installation of bicycle racks/ancillary facilities as defined in section one (1) of this scheme.

4. Manner of application and supporting documents

(i) Applications under this scheme shall be made in the form set out in schedule (A) annexed 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) Prior to purchasing and installing the bicycle racks/ancillary facilities the applicant must read and follow the applicable guidelines, that are accessible on (www.finance.gov.mt).

(iii) Applications are to be accompanied by the documents shown hereunder: 

(a) a copy of the Identity Card of the applicant or, in the absence of an Identity Card, a copy of any other official document of identity as referred to in the interpretation of a ‘person residing in Malta’ in section 1 of this scheme;

(b) Quotations for equipment purchased and works, which must specify if installation is included;

(c) Picture of the proposed racks;

(d) Site plan and photos of where the bicycle racks/ancillary facilities will be installed.

(iv) At reimbursement stage the applicant must submit:

(a) Both the original fiscal receipt/s and the commercial invoices. In the case were the supplier of goods/services is exempted from issuing a fiscal receipt an endorsed statement to this effect is to be supplied by the supplier together with the commercial invoices; 

In the case of equipment not purchased from Malta, the original invoices of the purchase of such items issued by the supplier together with the delivery note/s, the original documentary proof that final payment has been affected, and clearance from Maltapost/Department of Customs Malta, as may be required. These documents must confirm that such items were really purchased; the expenditure costs, and which costs include duty and VAT as may be required, were really paid in full; that such a purchase was affected by the purchaser for the purchaser. Such purchased items must also conform to EU standard safety regulations, as may be required. 

(v) Only those applications that are in conformity with all the provisions of this scheme shall be eligible for payment of the assistance referred to in section 5 of this scheme.

(vi) Applications under this scheme, including the documents required to be submitted with the application, shall be submitted to the Board for the Bicycle Rack Fund, Ministry for Finance, Maison Demandols, South Street, Valletta. The Application form and guidelines are available on (www.finance.gov.mt).

5. Grant payable under this scheme

(i) Local councils and non for profit enterprises are eligible to apply for a grant of up to 100% of the approved capital expenditure incurred and paid in full as explained in section 2 of the scheme; 

(ii) Commercial enterprises may apply for a grant of up to 50% on the approved capital expenditure incurred and paid in full as explained in section 2 of the scheme. 

6. Payment of Grant

The grant will be paid to the applicant by cheque posted to the address shown on the application.

7. Validity of application

An application shall not be deemed to be valid unless: 

it is full and complete in all material aspects; 

it is accompanied by all the relevant documentation or details as required. 

8. Duration of the scheme

This scheme has a definite duration and will start as from the 1st January 2018, and end on the 31st December 2018, until this scheme is not modified/terminated by means of a notice in the Government Gazette and shall be renewed as deemed necessary by the Minister for Finance and as such shall be thus published in another notice in the Gazette. 

9. State Aid

With reference to section 5(ii), this scheme will be implemented in accordance with the provisions of Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid, OJ L 352/1 of 24 December 2013. Commercial enterprises applying for this grant 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 for Finance reserves the right to make any amendments to this scheme by the publication of the said amendments in the Government Gazette.

11. Transitory provisions

Applications made under this scheme relating to the expenditure on the purchase price and installation of bicycle racks/ancillary facilities, and which purchase and installation was carried out between the effective date and the date of publication of this notice shall be deemed to be valid applications under this scheme, provided that the applications satisfy all the conditions stipulated in this notice. 

SCHEDULES

Schedule A – Application Form 

Schedule B – State Aid Declaration Form

Finance scheme App 1 Gaz 22.5.pdfFinance scheme App 1 Gaz 22.5.pdf

Finance scheme App 2 Gaz 22.5.pdfFinance scheme App 2 Gaz 22.5.pdf

Treasury Bills Gaz 22.5.pdfTreasury Bills Gaz 22.5.pdf

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

22.5.2018      €35.476€0.478