Government Notices published in Govt. Gazette No. 20,254 of 27th August 2019

IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 20,253 of the 23rd August, 2019.

L.N. 212 of 2019: Child Abduction and Custody Act (Cap. 410); Convention on the Civil Aspects of International Child Abduction Order, 2019.

L.N. 213 of 2019: Maltese Citizenship Act (Cap. 188); Grant of Citizenship for Exceptional Services (Amendment) Regulations, 2019.

L.N. 214 of 2019: Maltese Citizenship Act (Cap. 188); Citizenship (Amendment) Regulations, 2019.

Eco-Contribution Approving Body

IT is notified for general information that, in exercise of the powers conferred by Article 7 of Legal Notice No. 84 of 2010, under S.L. Cap 473.05, the Minister for the Environment, Sustainable Development and Climate Change has approved the following appointments on the Eco-Contribution Approving Body:

Chairman

Mr Joseph F. Caruana

Members

Mr Kevin Mercieca

Mr Daniel Grima Duca

Secretary

Mr Victor DeBrincat

These appointments shall remain valid for a period of three years with effect from the 16th August, 2019.

 The Minister for Home Affairs and National Security is pleased to approve the promotion of the under mentioned to the rank of Captain with effect from the date shown against his name.

Lieutenant Ciskje Zarb                  29th July, 2019 

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 6th June, 2019, issued by the Honourable Judge Shri. B.P. Colabawalla of the High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction and in its General and Inherent Jurisdiction), 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, Cultureand 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 April, 2019, issued by the Honourable Judge Sri. D.S. Vijaya Kumar of the Court of the XXVI Addl. City Civil and Sessions Judge, Mayo Hall Unit, Bengaluru, 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, Cultureand Local Government

THE Commissioner of Police, in terms of articles 7 and 8 of the Private Guards and Community Officers 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 Private Guards

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 of the Private Guards and Local Wardens Act, 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 crime against the safety of the state, or of any crime of voluntary harm or injury to any person or any crime against property or public trust or any other serious crime; or

(ii) has been declared bankrupt or his financial position is precarious or otherwise renders the applicant unsuitable; 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.

IT is hereby notified for general information that the following person has been appointed  Deputy Executive Secretary of that Local Council from 12th August, 2019, till 13th September, 2019:

Local CouncilDeputy Executive Secretary

Qrendi                            Stephania Grixti

THE Commissioner of Inland Revenue notifies that, on the date shown hereunder, the price of gold and silver on which valuations made by the Consul for Goldsmiths and Silversmiths are based has been fixed for the purposes of article 14 of the said Act as follows:

Government Grants Scheme for the Purchaseof Electric Vehicles, Electric Motorcycles, Electric Mopeds, Electric Tricycles and Pedal Electric Bicycles (Pedelec) for Private Individuals, Local Councils, Non Government Organisations, 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 to Private Individuals, Local Councils, registered Non Government Organisations (NGOs), registered Businesses and registered Private Companies to further incentivise the uptake of Electric Vehicles.

The grants are intended for the purchase of Battery Electric Vehicles (BEV), to incentivise the purchase of M1 and N1 Electric Vehicles, Electric Quadricycles, Pedelecs, Cargo Pedelec, Electric Motorcycles, Electric Mopeds, Electric Scooters and Electric Tricycles falling under categories L1e, L2e, L3e-A1, L3e- A2, L3e-A3 , L5e, L6e and L7e respectively with the aim of reducing the number of older conventional motor vehicles from the road.

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

(i) For private individuals, the grant will amount to:

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

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

c) €2,000 when registering an imported second-hand electric vehicle under the categories M1 or N1 and the electric vehicle is not older than 36 months and should not exceed 15,000km on the odometer;

d) €3,500 when registering a new electric quadricycle, or electric motorcycle falling under the, L6e, L7e and L3e-A3 category;

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

f)  €400 when purchasing and registering a new electric motorcycle/scooters/moped/tricycle falling under the L1e, L2e, L3e-A1, L3e- A2 or L5e category. (one)

(ii) For Local Councils and registered Non-Government Organisations (NGO's), the grants can amount to:

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

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

c) €2,000 when registering an imported second-hand electric vehicle under the categories M1 or N1 and the electric vehicle  is not older than 36 months and should not exceed 15,000km on the odometer;

d) €3,500 when registering a new electric quadricycle, or electric motorcycle falling under the, L6e, L7e and L3e-A3 category;

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

f) €400 purchasing and registering of up to a maximum of ten (10) new electric motorcycles/scooters/mopeds/tricycles falling under the L1e, L2e, L3-A1, L3e-A2 or L5e categories. (maximum grant of €4000);

(iii) For Registered Business and registered Private Companies, an amount of grant as stipulated in the De Minimis Regulations (i.e. a maximum of €200,000 (or €100,000 in the case of undertakings performing road freight transport for hire or reward) in de minimis aid per single undertaking over a period of three consecutive fiscal years), and the grant can be availed with a mix and match of vehicles as follows :

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

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

c)  €2,000 when registering an imported second-hand electric vehicle under the categories M1 or N1 and the electric vehicle  is not older than 36 months and should not exceed 15,000km on the odometer. This does not apply for companies registered as transport operators.

d) €3,500 when registering a new electric quadricycle, or electric motorcycle falling under the, L6e, L7e and L3e-A3 category;

e) €2,000 per new cargo pedelec when purchasing of up to a maximum of twenty (20) units per company (maximum grant of €40,000).

f) €400 per Pedelec when purchasing of up to a maximum of twenty (20) new pedelec (maximum grant of €8000);

g) €400 when purchasing and registering a new electric scooter under the vehicle category L1e to a maximum of €200,000.00 to be used as part of a electric motorbike fleet;

h) €400 purchasing and registering of up to a maximum of ten (10) new electric motorcycles/mopeds/tricycles falling under the, L2e, L3e-A1, L3e- A2 or L5e categories. (maximum grant of €4000);

The scheme is deemed to have come into effect as of the 1st January, 2019 and is on a first come first serve basis. This scheme shall remain into force until the 31st December 2019 or until the exhaustion of budgeted funds 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 €600,000 in the case of electric vehicles and electric quadricycles, and €100,000 in the case of pedelecs, cargo pedelecs, electric motorcycle, electric mopeds, electric scooters and electric tricycles. Notwithstanding, Government may terminate or extend the scheme at any time by giving prior notice.

THE SCHEME

1. Interpretation

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

'applicant' means the individual person, Local Council, registered NGO, registered private company, registered businesses or registered self-employed applying for the grant under this scheme and who, apart from being a person residing in the Maltese Islands or to be a private company registered in Malta, is the purchaser of an electric vehicle under category M1 or N1 vehicle or of an electric quadricycle under categories L6e and L7e , new electric motorcycles/mopeds/tricycles falling under the L1e, L2e, ,L3e-A1, L3e- A2, L3e-A3 or L5e categories, pedelec andcargo pedelec as defined hereunder;

'application' means the application made for a grant under this scheme;

'authorised treatment facility' has the same meaning as assigned to it in the Registration and Licensing of Motor Vehicles Regulations (SL368.02);

'Authority' means the Authority for Transport in Malta set up under the provisions of the Authority for Transport in Malta Act (Cap. 499);

'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;

'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;

'dealer' or 'agent' means a person or entity authorised to import, sell or buy motor vehicles;

'first registration' shall include the registration of a vehicle for the first time in the name of a person or a company having purchased a new vehicle which was registered for the first time in Malta in the name of a duly licensed auto dealer operating in Malta;

'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;

'de-registered vehicle' means a Category M1 or N1 vehicle which has been de-registered;

'electric vehicle' (Battery Electric Vehicle) for the purpose of these grants means:

(i) a Category M1 or N1 vehicle fully powered by one or more electric motors using electrical energy stored in batteries which batteries are charged with an external electricity source;

(ii) a Range Extender Electric Vehicle (REEV) - meaning a Category M1 or N1 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 of 40 km on pure electric charge before the range extender is automatically engaged as a back-up after the battery runs out;

(iii) a Plug-in Hybrid Electric Vehicle (PHEV) - meaning a Category M1 or N1 hybrid electric vehicle that uses rechargeable batteries, or another energy storage device, that can be recharged by plugging it into an external source of electric power such as an Electric Vehicle Charging Pillar. A PHEV shares the characteristics both of a conventional hybrid electric vehicle, having an electric motor and an internal combustion engine (ICE), and of a full Electric Vehicle having a plug to connect to the National Electricity Grid or any other form of electricity supply.  A PHEV is therefore, a subcategory of electric vehicles that includes all-electric or battery electric vehicles (BEVs), plug-in hybrid vehicles, (PHEVs). The battery autonomy (or battery range) of an PHEV needs to be not less than 30km on full electric power to qualify for the full EV grant.

'electric quadricycle' means a Category L6e or L7e 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;

'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;

'grant' means the grant being given under this scheme to the purchaser of a motor vehicle which satisfies the requirements of paragraph 4 (ii);

'ICE vehicle' means a conventional vehicle powered solely by an Internal Combustion Engine.

'Local Council' means Local Governments as defined in the Local Councils Act (Chapter 363 of the Laws of Malta) of the 30th June 1993;

'Malta' means the Maltese islands;

'Member State' means a Member State of the European Union;

'Minister' means the Minister responsible for Transport, Infrastructure and Capital Projects;

"cargo pedelec" means a pedal electric bicycle whose electric motor is activated as soon as the rider starts pedalling and deactivated as soon as the rider stops pedalling and, which can carry cargo between 200kg and 250kg including the driver.

'category L1e vehicle' means an electric two-wheel vehicle with a maximum design speed of not more than 45 km/h and characterised by an engine whose maximum continuous rated power is no more than 4 kW;

'category L2e vehicle' means an electric three-wheel vehicle with a maximum design speed of not more than 45 km/h and characterised by an engine whose maximum continuous rated power does not exceed 4 kW;

'category L3e- A1 and L3e-A2 vehicle' means an electric two-wheel vehicle without a sidecar, having a maximum power of not more than 11kw and not more than 35kw respectively.

'category L3e- A3 vehicle' means an electric two-wheel vehicle without a sidecar, having a maximum design speed of more than 45km/h with power output of more than 35kw.

'category L5e vehicle' means an electric vehicle with three symmetrically arranged wheels and a maximum design speed of more than 45 km/h;

'category 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;

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

'non-Government organisation' means any Non-Government Organisation (NGO) officially registered with the Malta Council for Voluntary Services;

'pedelec' means a pedal electric bicycle whose electric motor is activated as soon as the rider starts pedalling and deactivated as soon as the rider stops pedalling, which can reach up to a maximum speed of 25km/h;

'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 for Foreign Affairs and Trade Promotion;

'private individual' means a natural person;

'purchaser' means a person, business person or a non-government organization or the local council 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;

'registered company' means any commercial company registered in Malta with the Malta Financial Services Authority;

'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;

'registered owner' means the person or undertaking in whose name a motor vehicle is registered by the Authority;

'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);

'seller' means an agent or dealer as defined under this scheme;

'used motor vehicle' means a motor vehicle that has been registered

'vehicle registration certificate' means the vehicle registration certificate issued by the Authority providing proof of registration of the motor vehicle;

2. Area of Applicability

2.1. The scheme for a financial grant for the purchase of an electric vehicle as defined above, electric quadricycle, electric motorcycle, electric moped, electric scooters, electric tricycle , pedelec or cargo pedelec, applies to any person residing in the Maltese Islands , Local Councils, non-government organisations and commercial undertakings (registered in Malta), who can register up to an amount of grant as stipulated in the De Minimis Rule, including a mix and match of possible replacement of ICE vehicles and purchase of new electric vehicles with a total maximum grant of €200,000 (or €100,000 in the case of undertakings performing road freight transport for hire or reward) made up of the various types of grants as indicated in this  notice, and if that private individual or entity is applying for the €7,000 grant, that private individual or entity shall be the owner of a registered 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:

2.2.1 for Private Individuals:

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

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

c) €2,000 when registering an imported second-hand electric vehicle under the categories M1 or N1 and the electric vehicle  is not older than 36 months and should not exceed 15,000km on the odometer;

d) €3,500 when registering a new electric quadricycle, or electric motorcycle falling under the, L6e, L7e and L3e-A3 category;

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

f)  €400 when purchasing and registering a new electric motorcycle/scooters/moped/tricycle falling under the L1e, L2e, L3e-A1, L3e- A2 or L5e category. (one)

2.2.2 For Local Councils and Non-Government Organisations:

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

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

c) €2,000 when registering an imported second-hand electric vehicle under the categories M1 or N1 and the electric vehicle  is not older than 36 months and should not exceed 15,000km on the odometer;

d) €3,500 when registering a new electric quadricycle, or electric motorcycle falling under the, L6e, L7e and L3e-A3 category;

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

f) €400 purchasing and registering of up to a maximum of ten (10) new electric motorcycles/scooters/mopeds/tricycles falling under the L1e, L2e, L3-A1, L3e-A2 or L5e categories. (maximum grant of €4000);

2.2.3 Registered Business and registered Private Companies, an amount of grant as stipulated in the De Minimis Regulations (i.e. a maximum of €200,000 (or €100,000 in the case of undertakings performing road freight transport for hire or reward) in de minimis aid per single undertaking over a period of three consecutive fiscal years), and the grant can be availed with a mix and match of vehicles as follows:

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

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

c)  €2,000 when registering an imported second-hand electric vehicle under the categories M1 or N1 and the electric vehicle is not older than 36 months and should not exceed 15,000km on the odometer. This does not apply for companies registered as transport operators.

d) €3,500 when registering a new electric quadricycle, or electric motorcycle falling under the, L6e, L7e and L3e-A3 category;

e) €2,000 per new cargo pedelec when purchasing of up to a maximum of twenty (20) units per company (maximum grant of €40,000).

f) €400 per Pedelec when purchasing of up to a maximum of twenty (20) new pedelec (maximum grant of €8000);

g) €400 when purchasing and registering a new electric scooter under the vehicle category L1e to a maximum of €200,000 to be used as part of a electric motorbike fleet

h) €400 purchasing and registering of up to a maximum of ten (10) new electric motorcycles/mopeds/tricycles falling under the, L2e, L3e-A1, L3e- A2 or L5e categories. (maximum grant of €4000);

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

Private individuals who availed themselves of previous grants specifically applicable for Electric vehicles in the last three years are NOT eligible to apply for this grant.

Local Councils, NGOs and Private Companies who availed themselves of previous grants specifically applicable for Electric vehicles are eligible to apply again for this grant, providing they are within the limits set under the applicable State Aid Regulations in place (where applicable). However, in case of commercial undertakings or NGOs that carry out an economic activity, they are to make sure that they do not exceed the State Aid thresholds under the De Minimis Regulation.

3. Manner of application and supporting documents

(i) An application for a grant under this scheme shall be made either by the agent/dealer/supplier or by 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. The payment is to be done directly to the owner/applicant.

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

(iii) Applications shall be accompanied by the following documents:

a) 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);

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 cooperative society, a certified true copy of the VAT certificate;

d) in the case of an NGO, a certified true copy 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 p.m. and 1.00 – 2.30 p.m., during working days, together with all other relevant documents required for the registration of the vehicle, including the State aid application form.

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

4. Eligibility

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

(ii) To qualify for the €7,000 grant, the electric vehicle (Category M1 or N1 vehicle) shall be new, while 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). Destruction certificate shall be provided.

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

(a) be new;

(b) not have been registered in Malta before the 1st January, 2018;

(c)  be licensed for private use or used in connection with the provision of voluntary services or the activity of a business;

(iv) To qualify for the €2,000, the electric vehicle (Category M1 or N1 vehicle) shall:

(a) be an imported used vehicle;

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

(v) To qualify for the €3,500 grant, the electric quadricycle or electric motorcycle (Category L6e, L7e or L3e-A3 vehicle) shall:

a) not have been registered with the Authority before the 1st January, 2018;

(vi) To qualify for the €2,000 grant, the cargo pedelec shall be newly purchased.

(a) This scheme is open only for Private Companies and they are restricted for the purchases of a maximum of twenty (20) units.

(vii) To qualify for the €400 grant, the pedelec shall be newly purchased.

(a) NGOs and Local Councils are restricted for the purchases of a maximum of ten (10) units;

(b)  Private Companies are restricted for the purchases of a maximum of twenty (20) units.

(viii)  To qualify for the €400 grant, the electric motorcycle, electric scooter, electric moped or electric tricycle (Category L1e, L2e, L3e-A1, L3e-A2 or L5e) shall be newly purchased. Companies, NGOs and Local Councils are restricted for the purchases of a maximum of ten (10) units.

(ix) To qualify for the €400 grant, the electric scooters shall be new.

This scheme is open only for Private Companies and the maximum grant is of €200,000 for the purchase of new electric scooters in Category L1e and which form part of a motorbike scooter sharing.

5. Payment of Grant

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

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.

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

When the 36 month period elpses and the original owner/beneficiay sells the elettric car on the seconde hand market, the purchaser of the second hand car cannot apply for the second hand grant if this still forms part of the EV grant scheme.

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, advising him of the information required. 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 the grant.

7. Refund of grant if the vehicle is transferred

The new electric 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. This 36 month time frame does not apply to licensed car importers especially for vehicles bought for demonstration purposes. If the registered owner of the new electric vehicle on which the grant has been provided under this scheme transfers the said vehicle, for any reason other than a transfer causa mortis to an 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. In such cases, that is, when the vehicle is then re-sold and the grant is refunded back by the original owner, the new buyer can apply for the second hand grant, if funds under this scheme are still available at the time of purchase.

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

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

8. Duration of scheme

This scheme shall remain into force until the 31st December 2019 or until the exhaustion of budgeted funds 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 €600,000 in the case of electric vehicles and electric quadricycles, and €100,000 in the case of pedelecs, electric motorcycle, electric mopeds and electric tricycles. Notwithstanding, Government may terminate or extend 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, OJ L 352/1 of 24th 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.

The scheme limits the cumulating of aid for the same eligible costs.

10. Amendments to the scheme

The Minister responsible for Transport, Infrastructure and Capital Projects 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 for Transport, Infrastructure and Capital Projects 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 Minister 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.

PDF – Transport declaration form 1 Gaz 27.8

Financial Grant for the Upgrading of Service Garages Operated by New Electric Car Importers that Offer Maintenance and Services onthe Same Imported Vehicles as well as for Electric Car Hire and Leasing Operators who Operates a Maintenance and Service Garage for their Electric Fleet

The Government in conjunction with Transport Malta is launching a grant scheme to incentivise the Upgrading of Electric Vehicle Service Garages established by Importers and Vehicle Leasing Operators (in possession of at least ten electric vehicles as part of their fleet).

The grant will amount to a maximum of € 25,000 per Applicant. Although the Scheme comes into force on 1st January, 2019 and applications will close on 31st December, 2019 or once the funds are exhausted, whichever comes first, applicants may request payment refund for expenses incurred during the year 2018.

The conditions binding 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 company applying for the grant under this scheme and who, apart from having been in operation in Malta prior to the 1st January, 2018, is also:

1. New Electric plug-in car importer introducing electric cars on the market that offer maintenance and service to clients who bought an electric vehicle.

2. An Electric car hire and leasing operator who operates a service garage to maintain its fleet which should have at least a minimum of 10 electric vehicles.

'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);

'car importer' 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 vehicle' (Battery Electric Vehicle) for the purpose of these grants means:

(i) a Category M1 or N1 vehicle fully powered by one or more electric motors using electrical energy stored in batteries which batteries are charged with an external electricity source;

(ii) a Range Extender Electric Vehicle (REEV) - meaning a Category M1 or N1 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 of 40 km on pure electric charge before the range extender is automatically engaged as a back-up after the battery runs out;

(iii) a Plug-in Hybrid Electric Vehicle (PHEV) - meaning a Category M1 or N1  hybrid electric vehicle that uses rechargeable batteries, or another energy storage device, that can be recharged by plugging it into an external source of electric power such as an Electric Vehicle Charging Pillar. A PHEV shares the characteristics both of a conventional hybrid electric vehicle, having an electric motor and an internal combustion engine (ICE), and of a full Electric Vehicle having a plug to connect to the National Electricity Grid or any other form of electricity supply.  A PHEV is therefore, a subcategory of electric vehicles that includes all-electric or battery electric vehicles (BEVs), plug-in hybrid vehicles, (PHEVs). The battery autonomy (or battery range) of an PHEV needs to be not less than 30km on full electric power to qualify for the full EV grant.

'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;

'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;

'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;

'Member State' means a Member State of the European Union;

'Minister' means the Minister responsible for transport;

'Operator' means a person or a company authorised to lease or hire motor vehicle.

'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;

2. Area of Applicability

2.1 The scheme is for a grant intended for established Importers of new vehicles and their current Service Garages, as well as Operators of Vehicle Leasing Companies and their currently licenced Public Service Garages, to cater for the maintenance of new or leased Electric vehicles, Plug-in Electric, Plug-In Hybrid, Range Extender 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 staff working within the service garages, as well as for the installation of EV charging pillars.

2.2. The scheme consists of a grant of a maximum of €25,000 per new Applicant. The conditions bonding the Applicants to this grant include:

A full justification and description (including technical literature) of the intended investment;

The engagement of the Applicant into an effective market penetration (making available for sale or leasing) of electric vehicles;

The expenditure of a minimum of €10,000 by the Applicant 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, 2019 and on a first come first serve basis;

The applicant would have to commit that funds allocated are committed by 31st December, 2019;

Under this scheme, projects carried out in 2018 and for which applications have not been yet submitted are also eligible for a payment refund from 1st January, 2018.

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 including REEV, and Plug-in Hybrid electric vehicles on the Maltese Market which will be imported, introduced and placed for sale in Malta by not later than January 2020;

Vehicles' Lease Operators should commit themselves to have a minimum of ten (10) electric vehicles or PHEVs registered on the same company as part of their leasing fleet.

In case of Transport Operators, these have to be in possession of a certificate of registration of each vehicle registered on their name.

Applicants have to ensure that they do not exceed the thresholds established in the De Minimis Regulations.

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:

(a) copy of a legally valid identification document of the applicant (identity card);

(b) 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.

(c) 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 12.00 noon during working days.

4. Eligibility

To be eligible, the Applicant should have been registered prior to 1st January, 2018 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

Applicants 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

The applicant for this scheme are obliged to provide proof that they have/are 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, 2019 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 €80,000. 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.

PDF – Transport declaration form 2 Gaz 27.8

Chairman: Adv. Dr. Ivan Sammut M.A. (Fin. Serv), LL.D.

Members: Mr Frederick Cutajar

        Ms Stephanie Pace Hili

Decision

Upon a demand made by the Society 'The Performing Right Society Limited' ("PRS") of London, England, as duly represented in Malta by its agent at the time Dingli Co. International Ltd, presented on the 9th of April, 2009, after having premised that it had been approved by the Copyright Board as a Collecting Society in its decision of the 15th February, 2007, as published in the Government Gazette dated 2nd May, 2007 (No. 18,071), and that in virtue of the aforementioned Decision, the Copyright Board furthermore approved the Tariffs as proposed by The Performing Rights Society  Limited, and these Tariffs were also published in the aforementioned issue of the Government Gazette.

1. In virtue of the said request, The Performing Right Society Limited submitted for the approval of the Copyright Board in accordance with the provisions of Legal Notice No. 425 of 2003, in particular those of Section 6 of the said Legal Notice, the tariffs mentioned in the below-mentioned paragraph 2 for the following two (2) years, chronologically effective as from 2nd May, 2009 for the consideration of the Board.

2. Together with the applicant's request the following documents were presented, namely the following tariffs;

i. General Tariff (Tariff "G");

ii. Hotels Tariff (Tariff "H");

iii. Restaurants Tariff (Tariff "R");

iv. Shops and Stores Tariff (Tariff "S");

v. Tariff for Cinematograph Performances (Tariff "C");

vi. Tariff for Broadcasters and Cable Operators (Tariff "BC");

vii. Tariff for Online Service Providers (Tariff "O");

viii. Passenger Vessels Tariff Malta (Tariff "PV");

3. By means of Government Notification No. 434 published in the Government Gazette No. 18, 438 dated 11th of June 2009, the Board published according to law the request of the applicant and the tariffs as proposed by them and informed prospective users or their representatives that they could object within the stipulated time frame of sixty days from date of publication.

4. Within this stipulated time of sixty days, an objection was presented from the following objector or from its representative:

i. Malta Hotels & Restaurants Association (MHRA) dated 2nd July, 2009 and received by the Board on 20th July, 2009;

Whilst in the meantime two objections to the tariffs approved on 15th February 2007 had been presented to the Board in the previous two years by:

ii. Calypso Media Communications dated 22nd February 2008 and received by the Board on 27th February, 2008;

iii. Melita Cable plc dated 25th February 2008 and received by the Board on 27th February, 2008.

5. The Board, noted that  the objections of Calypso Media Communications and of Melita Cable plc were duly withdrawn, that of Calypso Media Communications by means of an email from its director Frank Camilleri to the Board Secretary dated 12th July 2018 where he declared that 'presently I have an agreement with PRS as regardsradio and TV and do not have objections' and that of Melita Cable plc through their  legal consultant  both during the sitting held on 15th Sept 2009 " due to the agreement that Melita Cable plc had with PRS"  as well as for all effects and purposes of law during the sitting dated 4th March 2016 for the same reason.

6. Noted that the objection of the Malta Hotels & Restaurants Association (MHRA) on behalf of its hotelier and restaurant members and also on behalf of other hoteliers and restaurants made by its legal consultant dated 2nd July 2009 and received by the Board on 20th July 2009 for the reason that the economic situation does not allow a monetary increase of this nature during this period.

The MHRA submitted in its objection that "there was already a negative effect due to the economic situation with more burdens than usual, a result of the evident decrease of tourists in Malta. This has a direct impact on the operation of the hotels and restaurants, having as their primary consideration, the related level of service and employment figures. The imposition (which we consider as monopolisticsince only PRS enjoys such type of licence) of an extra burden created locally (and even if not) under current circumstances, therefore constitutes a danger to the economic viability ofhotels, their employees (already threatened by the international situation) and to the local economy: drop by drop the pot fills up. In the situation that hotels are in, with few tourists, PRS would be paid tariffs on music use when the rooms and public areas are empty".

In addition, of same or even of more importance, we cannot but emphasise enough that there is no scientific agreed basis or regulation that has been agreed with the hotels and restaurants, onthe method that payment is to be made -that is, the rates to be applicable for public areas, rooms, televisions/radios etc.

Finally, it was also pointed out that we do not know how much of the amount collected from Malta has actually been paid (and is actually being paid) to the local artists, a factor which needs also to be considered as being of a certain importance to the present matter".

7. Sittings were held on 15th September, 2009, 3rd July, 2014, 17th July 2014, 4th March, 2016 and 13th July, 2018:

i. During the sitting of the 15th September 2009 the Board heard the oral submissions of Mr Frank Camilleri on behalf of Calypso Media Communications, Advocate Dr Hugh Peralta on behalf of Malta Hotels & Restaurants Association and Advocate Dr Kevin Dingli on behalf of The Performing Rights Society Limited. Following this sitting, and as they had obliged to do, on 29th September 2009 Advocate Dr. Kevin Dingli on behalf of PRS filed an explanatory Note with regards to the Online Tariff as well as a typographical amendment to the same tariff, whilst Dr High Peralta on behalf of MHRA filed a Note with information regarding occupancy and turnover for the period January 2006 up to 2009. The typographical amendment to the online tariff was in regard to section 7.51 where the annual minimum fee for the Podcasting Service should read €0.048 for every track and not €4.79c.

ii. The sitting dated 3rd July, 2014 could not be held due to a technicality  and during the sitting of 17th July 2014 Advocate Dr Kevin  Dingli on behalf of The Performing Rights Society  Limited once again made further oral submissions, whilst during the sitting of 4th March, 2016 Advocate Dr Jeanine Rizzo assumed the defence of The Performing Rights Society  Limited instead of Dr Dingli and gave a breakdown of the actual state  of PRS' request  whereas Advocate Dr Simon Testaferrata on behalf of MHRA declared that MHRA is still opposing the request made by PRS.

iii. In the last sitting of 13th July 2018, the Board heard the oral submissions of Advocate Dr Jeanine Rizzo on behalf of The Performing Rights Society Limited and of Mr Tony Zahra, Chairman of the Malta Hotels Restaurants Association, as well as the evidence of Mr Steve Vassallo, a representative of PRS. During the sitting of 3rd September 2018 Advocate Dr Jeanine Rizzo on behalf of PRS filed a Note with an abstract of financial information regarding Malta for the year 2017, which information lists inter alia how much money was collected from licences by PRS from Maltese establishments and how much of them was distributed to Maltese members and how much was distributed to other members. Although MHRA was given time to make its submissions on this financial information, the Board Government Gazette no. 18,071 dated second (2nd) May 2007 did not receive any submission during the time-period granted to it.

8. The Board saw the decision of the Board  differently composed of  15th February, 2007, by which it approved  The Performing Rights Society  Limited as a collecting society and approved the tariffs as published in the in the Government  Notice number 418 and this  after  inter alia  it considered that "- it appears that the applicant society   possesses  the capacity and  trust required to exercise  the activity  of a collecting society" and that "Apart from the fact that there was no objection in regard to the tariffs  proposed by the applicants, it does not appear that these tariffs are unacceptable.". In fact from the document PRS.doc.A it appears that these tariffs are more or less equivalent to those applicable in other countries. The same tariffs, justly taking into account of the increase in the rate of inflation, are in conformity with those established in April 2002 by the Consumer and Competition Division of the Ministry of Economic Services, and accepted in March 2004 by the Malta Hotels and Restaurants Association (v. PRS. doc.B to PRS.doc.E.)."

9. The Board saw also all the oral and verbal submissions given by the parties during the course of these proceedings.

Considerations

10. The primary objection to the new tariffs as proposed by PRS in these proceeding was that raised by Malta Hotels and Restaurants Association since the other two objections which were made during the two years subsequent to the approval of the first set of tariffs of PRS approved by this Board differently composed, were withdrawn. The MHRA is basically objecting to the new tariffs for the following reasons (i) the economic situation as it was in 2009 does not allow an increase of such a nature in this period and therefore any approval has to take place independently from any increase in the rate of inflation. Also the MHRA mentions (ii) that there is no scientific accepted basis or rule of the method on which the payment to PRS should be made. Finally, MHRA submitted that (iii) we do not know how much of these amounts collected in Malta has actually been paid (and is actually being paid) to local artists.

11. That PRS basically  defended itself against these objections with different arguments amongst which that when  the tourism is good there is never a request for tariffs to be increased; that the approved tariffs of 2007 reflect an agreement which was reached between PRS and MHRA in 2004; That PRS has the right to periodically revise the fixed tariffs not those based on percentages every two years according to the rate of inflation as traditionally it has always done; that this increase is reasonable and is not based on occupancy levels;  and that with the exception to   Tariffs "O" and "PV", the other tariffs are  all identical to those already approved and all that PRS has done is that it increased the fixed rates according to the rate of inflation whilst  the percentage rates remained the same.

12. During the sitting of 13th July, 2018, MHRA complained also as to from where do the rights  of PRS arise,  a consideration which has already been approved by this Board differently composed, and that  PRS did not give them any guarantee so as to keep them harmless from any claims from other companies on the same merits, something which as was well explained by the legal counsel of PRS legally cannot be given  except insofar  as this would concern  the rights pertaining to the  authors of music lyrics because PRS does not cover the rights of performers and other neighbouring rights.

13. That as he obliged to do during the sitting dated 15th September 2009, Dr Hugh Perlata on behalf of MHRA filed a note with information on occupancy and turnover for the period January 2006 up to 2009, i.e. Doc. MHRA 1- Survey 2005 - 2009 compiled by Deloitte which illustrates in practice that the position for the second quarter of the year 2009 on occupancy and income is basically that for the year 2005 or worse. An article on the Times of Malta dated 18th September 2009 regarding the MHRA Quarterly Report prepared by Deloitte and presented on 17th September, 2009 was also exhibited indicating that the tourism situation in the first six months of 2009 was the worst for the previous six years.

On their part, PRS in their Note of Submissions reply filed on the 16th October 2009 submitted again that the tariff for the Hotels and Restaurants (Tariffs "H" and "R" respectively) should not be linked to statistics, including that related to occupancy and revenue, and inter alia submitted also that:

i. the exhibited statistics related just to hotels (and not for restaurants);

ii. the exhibited statistics related and focused only on the second quarter of 2009;

iii. the exhibited statistics is not in the form of official statistics and represents a report ex parte, and thus should not be used as a scientific basis upon which the PRS Tariffs are to be calculated; and

iv. it is impracticable, if not even dangerous, that the tariffs vary from time to time according statistics.

Considered further

15. That the procedures that the Board has in front of it are for the approval or otherwise of the tariffs proposed by PRS for the two years, effective chronologically from 2nd May 2009, and that is for the period 2nd May 2009 up to 1st May 2011. That therefore this Board has limited its considerations as to what the tariffs should be for the period 2009 up to 2011.

16. That the Board has also to apply the law at the time of the application of PRS, being Legal Notice No 425 of 2003, Regulations of 2004 about the Control of the Establishment and Operation of Societies for the Collective Administration of Copyright. Subsequently there were amendments to these Regulations through Legal Notice 80 of 2010 effective as from 1st January 2010, and more recently Legal Notice No 239 of 2016  came into effect transposing Directive 2014/26/UE of European Parliament and Council of 26th February 2014 related to the collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market.

17. That regulation 6 of the Legal Notice 425 of 2003 established that:

"(1) An approved tariff shall be effective for a period of two calendar years from the date when it was published in the Gazette.

(2) After the twoyearsspecifiedintheparagraphabove have elapsed,the collecting society shall submit the tariffs for the next twoyearstotheBoard,whichwillconsiderthemaccordingtothe following conditions;

(a) If the proposed tariff is identical to the previous tariff, it will be approved by the Board.

Provided that if any objections to the tariff have been filed with the Board in the preceding two years, the Board shall permit the collecting society toreplytotheobjections,andafterdue consideration of the objections and relevant replies, the Board shall as soon as practicable approve or refuse the proposed tariff;

(b) if the proposed tariff includes revisions to the previous tariff,theBoardshalltreatitaccordingtotheprovisionsof regulations 5(1) to (3) relating to tariffs."

18. That regulation 5 (1) to (3) states the following:

"(1) As soon as practicable after the receipt of a request for the approval of a collecting society, the Board shall publish the request togetherwiththeproposedtariffsintheMaltaGovernmentGazette andshallgivenoticethat,withinsixtydaysafterthe publication, prospective users or their representatives may file written objections to the request or the tariffs on the basis of the provisions of regulation 4(3)with the Board.

(2) Following the lapse of the sixty days as specified in sub-regulation (1) hereof, the Board shall as soon as practicable approve or refuse therequestforoperationasacollectingsociety,takinginto consideration regulation 4(3), (4) and (5) and any objections which may have been received. In its considerations the Board may call upon the collectingsocietyandanypersonwhohasmadeanobjectionunder sub-regulation (1) hereof for further representations, and shall provide thecollectingsocietywiththeopportunitytoamenditsrequestas deemed necessary.

(3) In considering any request for the operation of a collecting society the Board may, after granting the applicant a right to be heard, impose such proportionate conditions upon said approval as it may deem appropriate."

19. Paragraph (e) of sub regulation (3) of Regulation 4 stated that :

"The Board shall approve the collecting society unless:

it considers that the proposed tariffs are unacceptable.

Provided that if the collecting society has different sets of tariffs, it may still be allowed to operate in those areas for which the Board has approved the tariffs."

and sub-regulation (5) then provided that;

"The basis forcalculatingthetariffsshallnormallybe the monetaryadvantagesobtainedfromexploitationoftheprotected work, as well as the proportion of the utilisation of the work in the total exploitation.Other considerations to bemadewhencalculatingthe prospective tariffs should include the category and nature of the user involved,includingthetypeofbusinessinthecaseofacommercial venture, as well as any religious, cultural and social elements involved".

20. The Board has thoroughly considered the objections made by MHRA that the economic situation as it was in 2009 did not allow for an increase in the tariffs during this period 2nd May 2009 till 1st May 2011 and is of the opinion that such objections are justified. From the documents exhibited it results that the situation in tourism during the first six months of year 2009 was the worst one when compared to the previous six years. In tthe opinion of the Board the arguments put forward by PRS that 'PRS has the "right" to periodically revise the fixed tariffs not those based on percentage every two years according to rate of inflation as traditionally it has always done  is legally unsustainable. The law, particularly the Regulations of 2004 relating to the Control of the Establishment and Operation of Societies for the Collective Administration of Copyright, confers on the said Board the right to approve tariffs. The applicant cannot expect that it can bypass and avoid this right conferred on the Board by law by inserting unjustified and arbitrary clauses in its tariffs like it did with the clause that it 'reserves the right, without notice, to increase the monetary rates in this tariff from time to time provided that cumulatively those increases shall not exceed contemporary increases in the official rates of inflation', which clause this Board considers to be unenforceable.

Conclusion

21. For these reasons the Board, having seen the mentioned documents and all the written and verbal submissions made by the parties, and after having considered as above:

(a) Accedes to applicant Society The Performing Right Society Limited's request limitedly insofar as this concerns where the proposed tariff is identical to the previous Tariff, namely the percentage tariffs as published in the Government Gazette dated second (2nd) May 2007 (No 18,071),  approves also Tariff for Online Service Providers (Tariff "O") and the Passenger Vessels Tariff Malta (Tariff "PV"), howsoever that in section 7.51 of the mentioned Tariff "O", the minimal annual fee for Podcasting services should read EUR0.048c per track and not EUR4.79c, Rejects it where applicant Society PRS revised the fixed tariffs according to the rate of inflation since during the period in question 2nd May 2009 till 1st May 2011 the said increase was not justified and;

(b) Orders that

(i) a copy of this decision and those tariffs that have been approved to be sent to the said society The Performing Rights Society Limited and to the objectors the Malta Hotels & Restaurants Association, and also for all purposes and effects to the other objectors Calypso Media Communications and Melita Cable plc; (ii) a copy of this decision and approved tariffs is published in the Government Gazette; and (iii) that the fees and expenses for this publication in the Gazette, as well as those of the procedures in front of the Board insofar as they concern PRS are to be borne by PRS.

PDF – Copyright Board General Tariff Gaz 27.8