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Government Notices published in Govt. Gazette No. 19,993 of 18th May 2018

Date Icon 18/05/2018

No. 590

RESUMPTION OF DUTIES BY THE PRESIDENT OF MALTA

It is notified for generalinformation that the President of Malta has resumed the functions of the Officeof the President on Thursday, 17th May, 2018.

Mrs Dolores Cristina hasceased to perform the functions of President.

18 Mejju 2018

No. 591

ACTING PRIME MINISTER

IT is notified for general information that, acting on the adviceof the Prime Minister, the President of Malta has directed that Hon. ChrisFearne, MD, FRCS(Ed), MP, Deputy Prime Minister and Minister for Health,assumes the additional duties of the Prime Minister, on Wednesday the 16th ofMay, 2018, during the absence from Malta of Hon. Joseph Muscat, KUOM, BCom, BA(Hons), MA (European Studies), PhD (Bristol), MP.

15 Mejju 2018

No. 592

ARMED FORCES OF MALTA (REGULAR FORCE)

THE President of Malta has been pleased toapprove the transfer of Lieutenant Colonel Andrew Mallia from the Regular Forceof the Armed Forces of Malta to the Individual Reserve Force, on retirement,with effect from 14th June, 2018.

18 Mejju 2018

No. 593

ARMED FORCES OF MALTA (REGULAR FORCE)

THE President of Malta has been pleased toapprove the transfer of Lieutenant Colonel Caprian Borg from the Regular Forceof the Armed Forces of Malta to the Individual Reserve Force, on retirement,with effect from 14th June, 2018.

18 Mejju 2018

No. 594

Central bank of malta (cap. 204)

ITis notified for general information that in exercise of the powers conferred onhim by article 9(2)(a) of the Central Bank of Malta Act (Cap. 204), the PrimeMinister has appointed Dr Peter J. Baldacchino, FCCA, FIA, CPA, MPhil., PhD, asDirector on the Board of the Central Bank of Malta for a period of five years with effect from 14th April, 2018.

15 Mejju 2018

No. 595

Ministry for Justice, Culture and Local Government

Pjazza Teatru Rjal Board

IT is notified that the Minister for Justice, Culture and LocalGovernment has approved the following members to form part of the Pjazza TeatruRjal Board.

Chairperson

Mr Charles Gatt

Members

Mr Norbert Francis Attard

Ms Bridgette Camilleri

Mr Clifford Galea

Mr Zepp Camilleri

Mr Joe Piscopo

Mr Jesmond Aquilina

Ms Annabelle Brincat Stellini

Ms Stephanie Fenech

These appointments are valid for a period of one year from 14thMay, 2018.

15 Mejju 2018

No. 596

CODE OF ORGANIZATION AND CIVIL PROCEDURE (CAP. 12)

Assistant Advocate for Legal Aid

IT is notified for general information that in terms of Article911(6) of Chapter 12 of the Laws of Malta, Dr Katya Vassallo, LLD, has beenappointed as Assistant Advocate for Legal aid with effect from 9th April, 2018,for a period of three years.

15 Mejju 2018

No. 597

PLANT QUARANTINE ACT (CAP. 433)

National Control Measures on the Movement of Citrus

BY VIRTUEof the powers conferred by Article 13 of thePlant Quarantine Act (CAP 433) and further to Government Notices No. 762 andNo. 56 published in the Government Gazettes dated 14th July, 2017, and 19thJanuary, 2018, the Plant Protection Directorate within the Veterinary andPhytosanitary Regulation Division, Ministry for the Environment, SustainableDevelopment and Climate Change, notifies that it is hereby updating themeasures on any movement of plants for planting and propagation material(referred as citrus plant material) of all genera and species and hybrids of CitrusL., Fortunella Swingle and Poncirus Raf. (commonly classified ascitrus) to the Maltese territory for personal or commercial use which should besubject to the following conditions:

(a) Movement of all citrus plants for planting and propagationmaterial (including fruit and seeds) from all EU Member States should benotified to the Plant Protection Directorate at least 48 hours in advance ofthe entry of such plant material into Malta by forwarding the EU Plant MovementNotification Form.

(b) In addition to point (a), if citrus plant material (other thanfruit and seeds) belonging to the category “CAC” (Conformitas AgrariaCommunitatis) is moved from another EU Member State (excluding Sicily) toMalta, a copy of the official statement referred to in Schedule IV Part ASection II point 10 of S.L. 433.03 and that states that the plants originatefrom areas known to be free from CTV (citrus tristeza virus), Spiroplasmacitri, Phoma tracheiphila and Trioza erytreae should besubmitted. This statement shall accompany such material and it should beforwarded with the notification form mentioned in point (a);

(c) In addition to point (a), citrus plant material (other thanfruit and seeds) moved from Sicily to Malta should:

(i) belong to the category ‘certified’ which is indicated by ablue label in order to officially ensure that the material is free from CTV, Spiroplasmacitri, Phoma tracheiphila and Trioza erytreae in accordancewith Schedule  IV Part A  Section II point 10 of S.L. 433.03; or

(ii) be individually tested and declared to be free from CTV, Spiroplasmacitri, Phoma tracheiphila and Trioza erytreae prior to the entryinto Malta. The testing results/documentation accompanying theconsignment/plant material should be endorsed by the National Plant ProtectionOrganisation of the country of origin and shall provide assurance andsufficient traceability to the satisfaction of the Director Plant Protection.Citrus plant material entering Malta under this provision is subject to priorauthorization from the Plant Protection Directorate;

and

(d) Citrus plants for planting and propagation material (otherthan fruit and seeds) should be accompanied by a Plant Passport. Fruit mustalways enter Malta without leaves and peduncles.

Citrus plants for planting and propagation material which do notcomply with points (a) to (d) above shall be withheld and may be destroyed bythe Plant Protection Directorate in accordance with the Plant Quarantine Act(Cap. 433).

Non-compliance with these measures shall be considered as a breachof the provisions of the Plant Quarantine Act (CAP 433). Operators shall beconsidered guilty of an offence under this Act and enforcement actions will betaken by the Directorate.

18 Mejju 2018

No. 598

DEVELOPMENT PLANNING ACT, 2016 (ARTICLE 57)

De-Scheduling of Property

With reference to Government Notice No. 722 (Government Gazette No.16,193 of 17th November, 1995), the Planning Authority declares that it isexcluding from the list of scheduled property, in terms of Article 57 of theDevelopment Planning Act, 2016, the following property, (as shown on site planon page 4405) originally scheduled as Grade 3, namely:

Farmhouse in Triq l-Isponsun, Fgura

On 10th April, 2018, the Executive Council endorsed the removal ofthis property from the list of scheduled property.

The Planning Authority will exercise its powers of enforcement, asset out in Articles 57 and 97 to 100 of the Act, in the case of anycontravention to the provisions of the Planning Act as regards to scheduledproperty.

18 Mejju 2018

No. 599

NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT

CAP. 55

Appointment of Notary Delegate/Keeper

IT is hereby notified that in exercise of the powers conferred byArticle 20 of the Notarial Profession and Notarial Archives Act, the Court ofRevision of Notarial Acts has appointed Notary Dr Daniela Aquilina to be notarydelegate and keeper of the Acts for Notary Joseph Abela for the period betweenthe 10th May, 2018 and the 14th May, 2018.

Today, the 14th May, 2018.

JANET CALLEJA

For the Registrar, Court of Revision of Notarial Acts

No. 600

NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT (CAP. 55)

Appointment of Notary Delegate/Keeper

IT is hereby notified that in exercise of the powers conferred byArticle 20 of the Notarial Profession and Notarial Archives Act, the Court ofRevision of Notarial Acts has appointed Notary Dr Marco Burló to be Notarydelegate and keeper of the Acts for Notary Dr Mark Anthony Debono for theperiod between the 11th May, 2018 and the 18th May, 2018.

Today, the 14th May, 2018.

JANET CALLEJA

For the Registrar, Courtof Revision of Notarial Acts

No. 601

LOCAL COUNCIL DEPUTY EXECUTIVE SECRETARY

IT is hereby notified for general information that the followingperson has been appointed Deputy Executive Secretary of that Local Council from11th June, 2018:

Local CouncilDeputyExecutive Secretary
Rabat (Malta)Romina Perici Ferrante
18 Mejju 2018

No. 602

Ministry Transport, Infrastructure and CAPITAL PROJECTS

Government Grants Scheme for the Purchase ofElectric Vehicles, Electric Motorcycles, Electric Mopeds, Electric Tricyclesand Pedal Electric Bicycles

(Pedelec) for Private Individuals, LocalCouncils, NGOs, Businesses and Private Companies

The Ministry for Transport, Infrastructure,and Capital Projects in conjunction with the Authority for Transport in Malta(Transport Malta) is again publishing a number of financial grants aimed toPrivate Individuals, Local Councils, registered Non-Government Organisations(NGOs), registered Businesses and registered Private Companies to furtherincentivise the uptake of Electric Vehicles.

The grants are intended for the purchase ofBattery Electric Vehicles (BEV), to incentivise the purchase of M1 and N1Electric Vehicles, Electric Quadricycles, Pedelecs, Electric Motorcycles,Electric Mopeds and Electric Tricycles falling under categories L1e, L2e, L3e,L5e, L6e and L7e respectively with the aim of reducing the number of olderconventional motor vehicles from the road.

As from this year, these incentives are alsobeing extended to include electric Pedelecs, Electric Motorcycles, Electric Mopedsand Electric Tricycles.

The scheme (subject to various conditions)is as follows:

(i) For private individuals, the grant willamount to: 

a) €7,000 when registering a new electricvehicle falling under the M1 or N1 category while de-registering and scrappinganother M1 or N1 ICE vehicle which is at least 10 years old from its year ofmanufacture;

b) €6,000 when registering a new electricvehicle falling under the M1 or N1 category;

c) €4,000 when registering an importedsecond hand electric vehicle under the categories M1 or N1 and the electricvehicle is not older than 36 months and should not exceed 15,000km on theodometer;

d) €2,500 when registering a new or usedelectric quadricycle, falling under the L6e and L7e category;

e) €400 will given to private individualspurchasing a new pedelec (one);

f) €400 when purchasing and registering anew electric motorcycle/ moped/ tricycle falling under the L1e, L2e, L3e or L5ecategory. (one)

(ii) For Local Councils and registeredNon-Government Organisations (NGO’s), the grants can amount to:

a) €7,000 when registering a new electricvehicle falling under the M1 or N1 category while de-registering and scrappinganother conventional M1 or N1 ICE vehicle which is at least 10 years old fromits year of manufacture;

b) €6,000 when registering a new electricvehicle falling under the M1 or N1 category;

c) €4,000 when registering an importedsecond hand electric vehicle under the categories M1 or N1 and the electricvehicle is not older than 36 months and should not exceed 15,000km on theodometer;

d) €2,500 when registering a new or usedelectric quadricycle, falling under the L6e and L7e category;

e) €400 per Pedelec when purchasing of up toa maximum of ten (10) new pedelec (maximum grant of €4000);

f) €400 purchasing and registering of up toa maximum of ten (10) new electric motorcycles/mopeds/tricycles falling underthe L1e, L2e, L3e or L5e categories. (maximum grant of €4000);

(iii) For RegisteredBusiness and registered Private Companies, an amount of grant as stipulated inthe De Minimis Regulations (i.e. a maximum of €200,000 (or €100,000 in the caseof undertakings performing road freight transport for hire or reward) in deminimis aid per single undertaking over a period of three consecutivefiscal years), and the grant can be availed with a mix and match of vehicles asfollows:

a) €7,000 whenregistering a new electric vehicle falling under the M1 or N1 category whilede-registering and scrapping another conventional M1 or N1 ICE vehicle which isat least 10 years old from its year of manufacture;

b) €6,000 when registeringa new electric vehicle falling under the M1 or N1 category;

c) €4,000 whenregistering an imported second hand electric vehicle under the categories M1 orN1 and the electric vehicle is not older than 36 months and should not exceed15,000km on the odometer. This does not apply for companies registered astransport operators.

d) €2,500 whenregistering a new or used electric quadricycle, falling under the L6e and L7ecategory;

e) €400 per Pedelecwhen purchasing of up to a maximum of ten (10) new pedelec (maximum grant of€4000);

f) €400 purchasing andregistering of up to a maximum of ten (10) new electricmotorcycles/mopeds/tricycles falling under the L1e, L2e, L3e or L5e categories.(maximum grant of €4000);

The scheme is deemed to have come intoeffect as of the 2ndJanuary, 2018 and is on a first come firstserve basis. This scheme shall remain into force until the 31stDecember 2018 or until the exhaustion of budgeted funds unless modified orterminated beforehand by a Notice in the Government Gazette. The scheme shallbe automatically terminated when the total amount of the grants reaches theamount of €500,000 in the case of electric vehicles and electric quadricycles,and €100,000 in the case of pedelecs, electric motorcycle, electric mopeds andelectric tricycles. Notwithstanding, Government may terminate or extend thescheme at any time by giving prior notice.

THE SCHEME

1. Interpretation

For the purpose of the scheme, unless thecontext otherwise requires:

‘applicant’ means the individual person,Local Council, registered NGO, registered private company, registeredbusinesses or registered self-employed applying for the grant under this schemeand who, apart from being a person residing in the Maltese Islands or to be aprivate company registered in Malta, is the purchaser of an electric vehicleunder category M1 or N1 vehicle or of an electric quadricycle, new electricmotorcycles/mopeds/tricycles falling under the L1e, L2e, L3e or L5e categoriesand pedelec as defined hereunder;

‘application’ means the application made fora grant under this scheme;

‘authorised treatment facility’ has the samemeaning as assigned to it in the Registration and Licensing of Motor VehiclesRegulations (SL368.02);

‘Authority’ means the Authority forTransport in Malta set up under the provisions of the Authority for Transportin Malta Act (Cap. 499);

‘business’ means any commercial companyincluding partnerships registered in Malta with the Malta Financial Services Authority or a self-employed person inaccordance to National  Law or acooperative society;

‘certificate ofconformity’ 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 seriesof the type approved in accordance with that Directive complies with allregulatory acts at the time of its production;

‘dealer’ or ‘agent’ means a person or entityauthorised to import, sell or buy motor vehicles;

‘first registration’ shall include theregistration of a vehicle for the first time in the name of a person or acompany having purchased a new vehicle which was registered for the first timein Malta in the name of a duly licensed auto dealer operating in Malta;

‘de-registered’ means, for the purpose ofthis scheme, the permanent removal of a motor vehicle from its registrationwith Transport Malta and thereafter, that motor vehicle shall never beregistered again to be used on the road in Malta;

‘de-registered vehicle’ means a Category M1 orN1 vehicle which has been de-registered;

‘electric vehicle’ (Battery ElectricVehicle) for the purpose of these grants means:

(i) a Category M1 orN1 vehicle fully powered by one or more electric motors using electrical energystored in batteries which batteries are charged with an external electricitysource;

(ii) a RangeExtender Electric Vehicle (REEV) - meaning a Category M1 or N1 vehicle having arange extender engine which recharges the battery to prolong the autonomy ofthe engine. The range extender engine will only be engaged when thebattery level drops at a specific point, thus acting as a generator to produceelectricity, thus extending the normal range of the electric vehicleprovided that for the purpose of the grant, the REEV can have a guaranteedautonomy on a battery of a minimum of 40 km on pure electric charge before therange extender is automatically engaged as a back-up after the battery runsout;

(iii) a Plug-inHybrid Electric Vehicle (PHEV) - meaning a Category M1 or N1hybrid electricvehiclethat uses rechargeablebatteries, or another energy storage device, that can be recharged by pluggingit into an external source ofelectricpower such as an Electric Vehicle Charging Pillar.A PHEV shares the characteristics both of a conventional hybrid electricvehicle, having anelectric motorand aninternal combustion engine(ICE), and of a full Electric Vehiclehaving aplugtoconnect to theNationalElectricityGrid or any other form of electricity supply. A PHEV is therefore, a subcategory ofelectric vehiclesthatincludesall-electricorbattery electric vehicles(BEVs),plug-in hybridvehicles,(PHEVs). The battery autonomy (or battery range) ofan PHEV needs to be not less than 30km on fullelectric power to qualify for the full EV grant.

‘electric quadricycle’ means a Category L6eor L7e vehicle as defined in Article 1 of Directive 2002/24/EC relating to thetype-approval of two or three-wheel motor vehicles, as amended; the quadricycleneeds to have safety features including seat belts, be a two passengervehicle,including driver and can be used on the road;

‘European Union’ has the same meaning as isassigned to it by Article 2 of the European Union Act (Cap. 460), and includesNorway, Iceland and Liechtenstein;

‘grant’ means the grant being given underthis scheme to the purchaser of a motor vehicle which satisfies therequirements of paragraph 4 (ii);

‘ICE vehicle’ means a conventional vehiclepowered solely by an Internal Combustion Engine.

‘Local Council’ means Local Governments asdefined in the Local Councils Act (Chapter 363 of the Laws of Malta) of the 30thJune 1993;

‘Malta’ means the Maltese islands;

‘Member State’ means a Member State of theEuropean Union;

‘Minister’ means the Minister responsiblefor Transport, Infrastructure and Capital Projects;

‘category L1e vehicle’ means an electrictwo-wheel vehicle with a maximum design speed of not more than 45 km/h andcharacterised by an engine whose maximum continuous rated power is no more than4 kW;

‘category L2e vehicle’ means an electricthree-wheel vehicle with a maximum design speed of not more than 45 km/h andcharacterised by an engine whose maximum continuous rated power does not exceed4 kW;

‘category L3e vehicle’ means an electrictwo-wheel vehicle without a sidecar, having a maximum design speed of more than45 km/h;

‘category L5e vehicle’ means an electricvehicle with three symmetrically arranged wheels and a maximum design speed ofmore than 45 km/h;

‘category M1 vehicle’ means, for thepurposes of this scheme, a motor vehicle used for the carriage of persons andwhich may carry no more than eight passengers in addition to the driver;

‘category N1 vehicle’ means a motor vehicleused for the carriage of goods and having a maximum mass not exceeding 3.5tonnes;

‘non-Government organisation’ means anyNon-Government Organisation (NGO) officially registered with the Malta Councilfor Voluntary Services;

‘pedelec’ means a pedal electric bicyclewhose electric motor is activated as soon as the rider starts pedalling anddeactivated as soon as the rider stops pedalling, which can reach up to amaximum speed of 25km/h;

‘person residing in Malta’ means a naturalperson who either holds a legally valid identification document issued in termsof the Identity Card and other Identity Documents Act (Cap. 258) or who has aresidence permit or a letter issued from the expatriate office at the Ministryfor Foreign Affairs and Trade Promotion;

‘private individual’ means a natural person;

‘purchaser’ means a person, business personor a non-government organization or the local council buying the vehicle fromanother country or from the local agent or dealer, having that vehicleregistered in his name and being the applicant for the grant under this scheme;

‘registered company’ means any commercialcompany registered in Malta with the Malta Financial Services Authority;

‘registered self-employed’ means, for thepurpose of this scheme, any person who resides in Malta and is registered withthe Employment Corporation, the Inland Revenue Department, the Value Added TaxDepartment and have a trade licence from the Trade Department;

‘registered owner’ means the person orundertaking in whose name a motor vehicle is registered by the Authority;

‘registration tax’ means the registrationtax charged and levied in terms of the Motor Vehicles Registration andLicensing Act under the laws of Malta (Cap. 368);

‘seller’ means an agent or dealer as definedunder this scheme;

‘used motor vehicle’ means a motor vehiclethat has been registered

‘vehicle registration certificate’ means thevehicle registration certificate issued by the Authority providing proof ofregistration of the motor vehicle;

2. Area of Applicability

2.1. The scheme for afinancial  grant for the purchase of anelectric vehicle as defined above, electric quadricycle, electric motorcycle,electric moped, electric tricycle or pedelec applies to any  person residing in the Maltese Islands, LocalCouncils, non-governmental organisations and commercial undertakings(registered in Malta), who can register up to an amount of grant as stipulatedin the De Minimis Rule, including a mix and match of possible replacement ofICE vehicles and purchase of new electric vehicles with a total maximum grantof €200,000 (or €100,000 in the case of undertakings performing road freighttransport for hire or reward) made up of the various types of grants asindicated in this  notice, and if thatprivate individual or entity is applying for the €7,000 grant, that privateindividual or entity shall be the owner of a registered M1 or an N1 vehiclewhich is at least 10 years old from year of manufacture, provided that suchvehicle shall continue to be so registered, garaged or licensed until the dateof application for the grant, and is de-registered at the time of theregistration of the electric vehicle.

2.2. The scheme, subject to variousconditions referred to in this Notice, consists of a grant as follows:

2.2.1 For private individuals:

a) €7,000 when registering a new electricvehicle falling under the M1 or N1 category while de-registering and scrappinganother M1 or N1 ICE vehicle which is at least 10 years old from its year ofmanufacture;

b) €6,000 when registering a new electricvehicle falling under the M1 or N1 category;

c) €4,000 when registering an importedsecond hand electric vehicle under the categories M1 or N1 and the electricvehicle is not older than 36 months and should not exceed 15,000km on theodometer;

d) €2,500 when registering a new or usedelectric quadricycle, falling under the L6e and L7e category;

e) €400 will given to private individualspurchasing a new pedelec (one) ;

f) €400 when purchasing and registering anew electric motorcycle/ moped/ tricycle falling under the L1e, L2e, L3e or L5ecategory. (one)

2.2.2 For Local Councils and Non-GovernmentOrganisations:

a) €7,000 when registering a new electricvehicle falling under the M1 or N1 category while de-registering and scrappinganother M1 or N1 ICE vehicle which is at least 10 years old from its year ofmanufacture;

b) €6,000 when registering a new electricvehicle falling under the M1 or N1 category;

c) €4,000 when registering an importedsecond hand electric vehicle under the categories M1 or N1 and the electricvehicle is not older than 36 months and should not exceed 15,000km on theodometer;

d) €2,500 when registering a new or usedelectric quadricycle, falling under the L6e and L7e category;

e) €400 per Pedelec when purchasing of up toa maximum of ten (10) new pedelec (maximum grant of €4000);

f) €400 purchasing and registering of up toa maximum of ten (10) new electric motorcycles/mopeds/tricycles falling underthe L1e, L2e, L3e or L5e categories. (maximum grant of €4000);

2.2.3 For businesses (a mix and match of newpurchase and replacing ICE vehicles with up to an amount of €200,000 (or€100,000 in the case of undertakings performing road freight transport for hireor reward) as stipulated in the De Minimis Rule):

a) €7,000 when registering a new electricvehicle falling under the M1 or N1 category while de-registering and scrappinganother M1 or N1 ICE vehicle which is at least 10 years old from its year ofmanufacture;

b) €6,000 when registering a new electricvehicle falling under the M1 or N1 category;

c) €4,000 when registering an importedsecond hand electric vehicle under the categories M1 or N1 and the electricvehicle is not older than 36 months and should not exceed 15,000km on theodometer; This does not apply for companies registered as transport operators.

d) €2,500 when registering a new or usedelectric quadricycle, falling under the L6e and L7e category;

e) €400 per Pedelec when purchasing of up toa maximum of ten (10) new pedelec (maximum grant of €4000);

f) €400 purchasing and registering of up toa maximum of ten (10) new electric motorcycles/mopeds/tricycles falling underthe L1e, L2e, L3e or L5e categories. (maximum grant of €4000);

Aregistered company, partnership, cooperative society or a registeredself-employed person as defined in this Government Notice shall be entitled toa mix and match of new purchase and/or replacing ICE vehicles with up to an amount of €200,000 (or €100,000in the case of undertakings performing road freight transport for hire orreward) as stipulated in the De Minimis Rule, which can be in the form of acombination of different types of vehicles as defined in this Notice.

Private individuals who availed themselvesof previous grants specifically applicable for Electric vehicles in the lastthree years are NOT eligible to apply for this grant.

Local Councils, NGOs and Private Companieswho availed themselves of previous grants specifically applicable for Electricvehicles are eligible to apply again for this grant, providing they are withinthe limits set under the applicable State Aid Regulations in place (whereapplicable). However, in case of commercial undertakings or NGOs that carry outan economic activity, they are to make sure that they do not exceed the StateAid thresholds under the De Minimis Regulation.

3. Manner of application and supportingdocuments

(i) An application for a grant under this scheme shall be made either by theagent/dealer/supplier or by the purchaser, in the form set out in the scheduleto this scheme and shall contain all the information, details and documents asrequired in the said form and in terms of this scheme. The payment is to bedone directly to the owner/applicant.

(ii) With respect to the purchase of aPedelec, the purchaser needs to provide a certified VAT invoice including thedetails of the Pedelec and the purchaser.

(iii) Applications shall be accompanied bythe following documents:

a) a destruction certificate issued by theapproved destruction facility certifying that the vehicle which is beingscrapped has been destructed in the approved destruction facility (applicableif another vehicle is being scrapped);

b) in the case of a company or partnership,a certified true copy of the Articles of Association or VAT certificate;

c) in the case of self-employed or a cooperativesociety, a certified true copy of the VAT certificate;

d) in the case of an NGO, a certified truecopy of certificate issued by the Malta Council for Voluntary Service.

(iv) Applications under this scheme,together with all the relevant documents, shall be
submitted/sent either by the agent or dealer or applicant to the
Vehicle Licensing Unit, Transport Malta A3 Towers
,Arcade Street, Paola, between 7.30 a.m.to 12.00 pm and 1.00 – 2.30 pm, during working days, together with all otherrelevant documents required for the registration of the vehicle, including theState aid application form.

(v) A licensed dealer or car agentpurchasing any of these vehicles for showroom and sales purposes may apply forthe grant but on re-selling such vehicle, the buyer will not be eligible forany grants, including the second hand grant.

4. Eligibility

(i) To be eligible, an applicant shallconform to sub-section 2.1 and 2.2 of Section 2.

(ii) To qualify for the €7,000 grant, theelectric vehicle (Category M1 or N1 vehicle) shall be new, while the motorvehicle to be de-registered shall:

a) be at least ten (10) years old on thedate of application, the age of the vehicle being determined as the calendaryear as on the date of application less the year of manufacture as certified onthe vehicle registration certificate;

b) have been registered, garaged or licensedwith the Authority in the name of the applicant on the date of application, asshown on the vehicle’s registration certificate or as confirmed by theAuthority;

c) be de-registered prior to theregistration of the new vehicle;

d) once de-registered, the motor vehicleshall be destroyed in accordance with the provisions of Part VIII of theRegistration and Licensing of Motor Vehicles Regulations (SL368.02).Destruction certificate shall be provided. 

(iii) To qualify for the €6,000 grant, theelectric vehicle (Category M1 or N1 vehicle) shall:

a) be new;

b) not have beenregistered in Malta before the 1st January, 2018;

c) be licensed forprivate use or used in connection with the provision of voluntary services orthe activity of a business;

(iv)To qualify for the€4,000, the electric vehicle (Category M1 or N1 vehicle) shall:

a) be an imported used vehicle;

b) not be older than thirty-six (36) months andshould not exceed 15,000km on the odometer

(v) To qualify for the€2,500 grant, the electric quadricycle shall:

a) be either new orused and have not more than 36 months from date of first registration andshould not exceed 15,000km on the odometer;

b) not have beenregistered with the Authority before the 1st January, 2018;

(vi) To qualify for the €400 grant, thepedelec shall be newly purchased. Private Companies, NGOs and Local Councilsare restricted for the purchases of a maximum of ten (10) units.

(vii) To qualify for the €400 grant, the electricmotorcycle, electric moped or electric tricycle (Category L1e, L2e, L3e, L5e)shall be newly purchased. Companies, NGOs and Local Councils are restricted forthe purchases of a maximum of ten (10) units.

5. Payment of Grant

Where an applicant qualifies for the grant,the grant shall be paid directly to the applicant. With respect to pedelecs,payment of the grant will be eligible on the presentation of a VAT receipt.

The grant given to the purchaser shall notbe assessed as income for income tax purposes. Businesses applying for thegrant can still benefit from incentives in place with respect to the purchaseof Battery Electric Vehicles for tax purposes.

For this year, a registered company,partnership, cooperative society or a registered self-employed can apply for anumber of grants. The total of the grant for companies can reach up to anamount of €200,000 (or €100,000 in the case of undertakings performing roadfreight transport for hire or reward) as stipulated in the De Minimis Rule.With respect to Local Councils, NGOs and private individuals, these shall beentitled to the purchase of one vehicle under this scheme with a maximum grantof €7,000. In the case of the highest grant (€7,000) for every EV registeredanother ICE vehicle needs to be scrapped.

6. Validity of application

An application shall not be deemed to havebeen submitted by the applicant unless it is completed in full and isaccompanied by all the relevant documents. If the application is not completedcorrectly and the relevant documents are not included, the claim for the grantshall not be processed unless the missing information is provided. TheAuthority shall write to the applicant, advising him of the informationrequired. In cases of a company disqualified within the same group of companies,such a transfer of the vehicle will be permitted without the need to refund thegrant.

7. Refund of grant if the vehicleis transferred

The new electric vehicle purchased by theapplicant for the grant shall remain registered in his name for a period of atleast thirty-six (36) months from the date of first registration. This 36 monthtime frame does not apply to licensed car importers especially for vehiclesbought for demonstration purposes. If the registered owner of the new electricvehicle on which the grant has been provided under this scheme transfers thesaid vehicle, for any reason other than a transfer causa mortis to anheir, to a third party before the expiry of the thirty-six month period, thenthat person shall refund the grant received to the Authority. In such cases,that is, when the vehicle is then re-sold and the grant is refunded back by theoriginal owner, the new buyer can apply for the second hand grant, if fundsunder this scheme are still available at the time of purchase.

For the purpose of demonstration ElectricVehicles imported in Malta by licenced new vehicle importers only, the lattercan re-sell such vehicle without re-funding back the grant availed to underthis scheme not exceeding a 12 month period after registration. In such cases,buyers availing themselves for such grant will not be eligible for such a grantas this would have been already availed to by the car-importer, in which casehas to make sure that this is factored in the sale of the same vehicle.

It is not permissable for private companies orbusinesses or self employed that availed themselves of this scheme to makebusiness or sell the electric vehicles purchased. In such cases where a vehicleis sold before the end of a five year period, the company, businesses or selfemployed needs to refund back the grant to the Government. 

8. Duration of scheme

This scheme shall remain into force untilthe 31st December, 2018 or until the exhaustion of budgeted funds unlessmodified or terminated beforehand by a Notice in the Government Gazette. Thescheme shall be automatically terminated when the total amount of the grantsreach the amount of €500,000 in the case of electric vehicles and electricquadricycles, and €100,000 in the case of pedelecs, electric motorcycle,electric mopeds and electric tricycles. Notwithstanding, Government mayterminate or extend the scheme at any time by giving prior notice.

The scheme may be renewed as deemednecessary by the Minister by a Notice in the Government Gazette.

9. State Aid

For the purpose of applicants that carry outan economic activity, this scheme will be implemented in accordance with theprovisions of Commission Regulation (EU) No 1407/2013 of 18 December 2013 onthe application of Articles 107 and 108 of the Treaty on the Functioning of theEuropean Union to de minimis aid, OJ L 352/1 of 24 December 2013.Companies, self-employed persons and NGOs that carry out an economic activityapplying for these grants should make sure that they are within the limits ofState Aid and will have to fill the attached form on State Aid.

The scheme limits the cumulation of aid forthe same eligible costs.

10. Amendments to the scheme

The Minister responsible for Transport,Infrastructure and Capital Projects shall have the right to make any amendmentsto this scheme by a Notice in the Government Gazette.

11. Fraudulent claims

Where a fraudulentclaim arises, the Minister for Transport, Infrastructure and Capital Projectsshall report the matter to the Police in order for criminal procedures to beinstituted. In the event of anincorrect payment of a claim, the Minister responsible for Transport reservesthe right to recover funds paid in error. This also applies to Businesses andNGOs, especially with respect to State Aid declarations. Companies are to makesure that the information provided is correct.

18 Mejju 2018

No. 611

GOLDSMITHS AND SILVERSMITHS ACT (CAP. 46)

THE Commissioner ofInland Revenue notifies that, on the date shown hereunder, the price of goldand silver on which valuations made by the Consuls for Goldsmiths andSilversmiths are based has been fixed for the purposes of article 14 of thesaid Act as follows:

DatePure Gold                       Pure Silver
GramsGrams
18.5.2018€35.45                            €0.472
18 Mejju 2018