Government Notices published in Govt. Gazette No. 20,440 of 14 July 2020

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

Act No. XXXIII of 2020 entitled the Guarantees to the European Investment Bank Act, 2020;

Act No. XXXIV of 2020 entitled the Guarantees to the European Commission Act, 2020; and

Act No. XXXV of 2020 entitled the Medicines (Amendment No. 2) Act, 2020.

IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 20,435 of the 7th July, 2020, and No. 20,438 of the 10th July, 2020, respectively.

L.N.282 of 2020: Central Bank of Malta (Amendment) Act, 2020 (Act No. XXX of 2020); Commencement Notice.

L.N.283 of 2020: Income Tax Act (Cap. 123); Deductions and Tax Credits (Relevant Qualifications for Industry) (Amendment) Rules, 2020.

L.N.284 of 2020: Income Tax Act (Cap. 123); Tax Rate (Construction Waste Recycling) (2020 - 2023) (Amendment No. 2) Rules, 2020.

L.N.285 of 2020: External Transactions Act (Cap. 233); Cash Control Regulations, 2020.

L.N.286 of 2020: Fees Ordinance (Cap. 35); Fees (Passport) Regulations, 2020.

L.N.287 of 2020: Fees Ordinance (Cap. 35); Long-stay Visa Fees Regulations, 2020.

L.N.288 of 2020: Companies Act (Cap. 386); Companies Act (Public Companies - Annual General Meetings)Regulations, 2020.

L.N.289 of 2020: Public Health Act (Cap. 465); Period of Quarantine (Amendment No. 4) Order, 2020.

L.N.290 of 2020: Public Health Act (Cap. 465); Travel Ban (Extension to All Countries) (Amendment No. 4) Order, 2020.

IT is hereby notified for general information that the Parliamentary Secretary for Financial Services and Digital Economy has appointed Mr Clive Azzopardi and Mr Carlos Zarb as Governors on the Finance Malta Board of Governors in lieu of Mr Justin Spiteri and Mr Claude Abela. These appointments are valid up to 16th October, 2022.

Vessel Traffic Monitoring and Reporting Requirements Regulations(S.L. 499.34)

Maritime Safety and Pollution Prevention Committee

With reference to Government Notices 1239 and 921 as published in the Government Gazette of 10th November, 2017 and 3rd August, 2018, respectively, it is notified for general information that the Minister for Transport, Infrastructure and Capital Projects has approved the appointment of the following persons to serve on the Maritime Safety and Pollution Prevention Committee:

Chairperson

Mr Joseph Caruana

Permanent Secretary, Ministry for Transport, Infrastructure and Capital Projects

Members

Mr Martin Saliba

Executive Chairperson, Planning Authority

Mr Angelo Gafà

Commissioner of Police

These appointments are valid up to 21st October, 2020.

Maltese Sign Language Council

IT is hereby notified for general information that in exercise of the powers conferred by article 7 of the Maltese Sign Language Recognition Act, the Minister for the Family, Children's Rights and Social Solidarity has appointed Ms Pierina Block as member of the Maltese Sign Language Council instead of Dr Claire Lucille Azzopardi Lane.

This appointment shall remain valid until 6th November, 2022.

14th July. 2020

Traffic Regulation Ordinance (Cap. 65)

Prescribed Speed Monitoring Devices in terms of Regulation 127 of the Motor Vehicles Regulations (S.L. 65.11)

IT is hereby being notified that in terms of the provisions of sub-regulations (3) and (4) of Regulation 127 of the Motor Vehicles Regulations, the Minister for Transport and Infrastructure has prescribed the following speed monitoring devices in terms of the said regulations:

Kustom Signals, Inc. LASER CAM 4

Serial Number: LE0904

Speed recording device, Handheld Digital Video LIDAR

Laser Technology Inc., LTI 20:20 TRUCAM II

Serial Number: TC007687/500001TC

Speed recording device, Photo/Video Laser

Article 69 of the Environment Protection Act

Ir-Ramla tal-Mixquqa (Golden Bay) TurtleNesting Emergency Conservation Order

The Environment and Resources Authority is hereby issuing an Emergency Conservation Order in respect of the site as described below in accordance with Article 69 of the Environment Protection Act, for the purpose of conservation on:

Ir-Ramla tal-Mixquqa (Golden Bay)

and its surroundings as per site plan under Schedule I (see site plan on page 5928), hereinafter referred to as “the emergency conservation area", due to ecological and scientific importance of the sites and the need for conservation.

The following regulations shall apply:

1. For the purpose of the Emergency Conservation Order, the terms “Authority"; “conservation"; and “person" shall have the same meaning as that defined in the Act.

2. The Emergency Conservation Area may be monitored continuously inter alia by means of a temporary site post.

3. No person shall, within the emergency conservation area designated for such purposes as per site plan under Schedule I (see site plan on page 5928), unless authorised by the Authority:

(a) In any way, take or attempt to take, disturb, damage or destroy any eggs, turtle hatchlings or adult marine turtle, whether alive or dead;

(b) enter or attempt to enter, or in any way assist any other person to enter the area cordoned-off by the Authority;

(c) remove any portion of, or object making up, the cordoning-off of the area done by the Authority or any ancillary installation or any official signage installed by the Authority;

(d) introduce or attempt to introduce any object or material into the area cordoned off by the Authority;

(e) hang, affix or append or attempt to hang, affix or append any object on the cordoning installed by the Authority around the nest or in any manner compromise or attempt to compromise the integrity of the cordoning;

(f) place or attempt to place any object that, at any time between sunrise and sunset, may cast a shadow inside the area cordoned-off by the Authority;

(g) allow any animal under his ownership or responsibility to enter or attempt to enter the area cordoned-off by the Authority;

(h) remove any litter or article whatsoever from the area cordoned-off by the Authority unless by hand and authorised by the Authority;

(i) deposit any litter, unless this is deposited in the litter bins or other litter collection facilities provided for such purpose;

(j) drive, manoeuvre or park any vehicle over the sand in the Emergency Conservation Area unless authorised to do so by the Authority;

(k) remove any Posidonia oceanica or Cymodocea nodosa wrack (alka) from the seaward side in front of the area cordoned-off by the Authority unless by hand or with the use of hand-held unmechanised tools;

(l) utilise fuel powered electricity generators;

(m) generate any excessive noise or vibrations, or play loud music;

(n) deploy at immediate sea surface, ropes or other items that can potentially block passage of turtles and hatchlings at sea surface in any area immediately in front of the area cordoned off by the Authority;

(o) be in possession of, set up or let off any sort of pyrotechnic material, fireworks or explosives;

(p) install any traps, nets or similar devices that in any way may take or harm the eggs, turtle hatching or adult turtles.

4. Without prejudice to any other requirement under any other legislation, until the 8th September, 2020, no person shall, from half past six in the evening (6.30 p.m.) of any day until half past seven in the morning (7.30 a.m.) of the following day:

(a) camp or participate in any camping activity within the emergency conservation area;

(b) participate in a catering activity or any barbecues in the nest area as delineated in Schedule I (see site plan on page 5928);

(c) participate in any organised activity within the emergency conservation area involving a group of more than 10 persons;

unless duly permitted by the Authority and without prejudice to any condition imposed by the Authority under its permit:

Provided that sub-article (c) does not apply to already authorised beach establishments.

5. From the 10th August, 2020, until the 8th September, 2020, from half past six in the evening (6.30 p.m.) of any day until half past seven in the morning (7.30 a.m.) of the following day, no person shall, unless authorised by the Authority, within the area indicated as the area marked as area subject to further restricted activities under Schedule I (see site plan on page 5928).

(a) place, deposit or install any object, or attempt to place, install or deposit any object, that in any way may hinder or has the potential to hinder the safe passage of juvenile turtles from the area cordoned-off by the Authority to the sea:

Provided that authorised beach establishments shall set up a clear corridor free of obstacles of at least two and a half meters width to ensure the hatchlings' unhindered safe passage from the area cordoned-off by the Authority directly to the sea.

(b) at sea, place or deploy any object or installation or attempt to place or deploy any object or installation, that in any way may reasonably hinder or has the potential to reasonably hinder the safe passage of juvenile turtles towards the open sea;

(c) place or deposit at immediate sea surface, ropes or other items that can effectively block passage of turtles and hatchlings at sea surface;

(d) deploy any gill net, trammel net or fishing net of any sort;

(e) dig any holes in the sand;

(f) utilise or be in possession of any sort of lighting device for fishing purposes or the capturing of any fauna:

Provided that the above provisions would apply during daytime in case there is of hatching episodes occurring during the day.

6. No form of mechanised beach cleaning activity and, or vehicular access or mechanical interventions shall occur within the emergency conservation area designated under Schedule I (see site plan on page 5928), unless duly permitted by the Authority and without prejudice to any condition imposed by the Authority under its permit.

7. No person shall within the Emergency Conservation Area or in the vicinity of the Emergency Conservation Area generate any excessive light, noise or vibrations, or play loud music:

Provided that any light is to be directed downwards and duly screened in such a way not to be directly visible from the area cordoned-off by the Authority or covered with a red coloured filter:

Provided further that this provision shall not apply to navigational lights of seagoing vessels.

8. This Emergency Conservation Order shall be valid from the date of issue up to the 8th September, 2020, and shall be without prejudice to the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44), and the Reptile (Protection) Regulations (S.L. 549.02).

9. (1) The protection allocated to the Emergency Conservation Area has the same effect as the inclusion of the area in the National Ecological Network and Special Areas of Conservation included under the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44).

(2) The provisions included in this Emergency Conservation Order are:

(i) considered as conservation measures addressing the overall conservation objective aimed at protecting the loggerhead turtle, Caretta caretta, in its nesting site; and

(ii) required for such protected site in line with the requirements of Regulations 14 and 19 of the Flora, Fauna and Natural Habitats Protection Regulations (S.L. 549.44).

10. Any person who acts in contravention of any provision of this Emergency Conservation Order shall be punishable in accordance with the Environment Protection Act (Cap. 549).

Compensation Scheme to provide assistance to MFA/MFB Registered Vessel Owners who have suffered Damages from the 24th February, 2019, Storm

Following the 24th February, 2019 storm, the Ministry for the Environment, Sustainable Development and Climate Change conducted an exercise to determine the extent of damages incurred, emanating from this storm.

The Department of Fisheries and Aquaculture (DFA) shall be launching a compensation scheme to provide assistance to MFA and MFB registered vessel owners.

This compensation scheme shall be managed by the DFA and in no way is aimed to provide an incentive for, or shall contribute to an increase in fishing capacity.

1. Definitions

In this scheme, unless the context requires otherwise:

“Claimant and Applicant" mean the natural or legal person/s under whom the ownership of a fishing vessel is registered.

2. Who is eligible for such compensation?

i. Claimants having an MFA or MFB registered vessel with the Department of Fisheries and Aquaculture who have suffered damages from the 24th of February 2019 storm.

ii. In order for claimants to be considered as being eligible, following instructions recently issued by the Fishing Vessel Registry (FVR) section within the DFA, claimants should have in their personal DFA file an updated VAT Certificate, issued by the VAT Department.

iii. Expenditure related with third party liability, pollution, salvage and wreck removal are not considered as being eligible expenditure under this scheme.

3. What damages can be claimed?

i. Only nets, pots, lines, gears or similar, as registered with the Department of Fisheries and Aquaculture as at end of February 2019 shall be considered for review under this scheme. Claims for non-registered items or quantities shall not be considered.

ii. Claims related with vessel damage can only be submitted if the vessel is registered in an MFA or MFB category only. The status of vessel operation as registered with the DFA as at end of February 2019 should be listed as “active".

iii. Expenditure related with third party liability, pollution, salvage and wreck removal are not considered as being eligible expenditure under this scheme.

iv. All damages claimed and incurred shall be assessed by the DFA.

v. The assistance must not result in an increase in fishing capacity.

This measure will be implemented in line with the provisions of the Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector (OJ L 190, 28.6.2014, p. 45). No aid will be granted to those activities explicitly excluded from receiving aid under Article 1 of this Regulation. The total amount of de minimis aid granted to a single undertaking shall not exceed 30,000 Euro over any period of three years. The rules contained in Article 5 of the Regulation will be respected. The DFA shall request for a signed declaration from the undertaking concerned about any other de minimis aid received during the previous two fiscal years and the current fiscal year.

4. How do I apply and what documentation is required?

Step 1: Fill in the Claims Form (Obligatory)

The claimant shall provide a detailed breakdown of all costs being claimed, clearly distinguishing between different types of nets, pots, lines, vessels, engines, gears etc. For each category, one should list down the total number of units, price per unit and the total cost per category. Claimants are kindly being requested to fill in and sign the claims form.

When submitting the Claims Form with the DFA, the applicant should also present his ID Card. No application can be submitted nor will be accepted by DFA officials unless the applicant presents his ID Card at submission stage.

Disclaimer: If the claimant fails to submit all the required documentation as per timelines, terms and conditions as stipulated in this scheme, the Department of Fisheries and Aquaculture will immediately disqualify such claim request.

Step 2: Supporting Documentation Required (Obligatory)

Depending on the nature of the claim, the claimant shall also provide the following supporting documentation together with the claims form, in order for this claim to be considered further. Documentation required (as per below instructions) depend on the nature of damages incurred. The claimant might have incurred damages, falling under different categories, thus different documentation would need to be submitted.

Category 1: Where the nature of the damage concerns the vessel and engine/s (damaged, lost or destroyed beyond repair).

Only MFA & MFB registered vessels shall be eligible to apply under Category 1 of this scheme.

Vessel Surveyor Report (Obligatory):

The claimant shall request a TM approved Vessel Surveyor to issue a formal report (document), verifying/quantifying such damages. The Vessel Surveyor shall be authorised by Transport Malta. A list of surveyors can be accessed online by following this link: (https://news.transport.gov.mt/wp-content/uploads/2018/08/list-of-authorised-ship-surveyors-August-2018_20.08.2018.pdf).

As a minimum the report shall include the following information: vessel type, vessel registration number, photos (if applicable), name of vessel owner, ID number, home address, registered VAT number and most importantly the estimated vessel value prior to the accident (loss value) or estimated value of damages (works required). The nature of damages incurred should be clearly specified. This report (document) should be issued and signed by the surveyor. The Department of Fisheries and Aquaculture reserves the right to contact the Marine Surveyor to request for further information.

Category 2: Where the nature of the damage concerns: Nets, Lines, Gears or other small items.

Only MFA & MFB registered vessel owners shall be eligible to apply under Category 2 of this scheme.

Documentation Required:

Quotation or Sales Order - dated 24th February, 2019 (or post) (If no expenditure has been incurred).

As supporting evidence for compensation, the claimant shall also provide one (1) valid Quotation/Sales Order to be dated 24/02/2019 (or post) as proof of the value of claimed expenditure. Quotations shall only be considered as valid if issued by a registered business. The nature of such quote/s/sales order/s can be either to procure a new item or repair an existing but damaged item.

Following expenditure approval by the DFA, within 30 calendar days the claimant shall be obliged to submit a valid Fiscal Receipt (all below Fiscal Receipt conditions shall become applicable) totalling the approved expenditure. Only following the submission of such Fiscal Receipts will the DFA process the respective eligible financial aid. Failing to present such Fiscal Receipt/s within the stipulated period, the DFA reserves the right to terminate any pending claims.

The DFA shall not be held in any way accountable for any expenses or losses incurred by the applicant, in case the approved eligible expenditure (aid granted) is less than the value of the Sales Order (if an order is already placed).

and/or

Fiscal Receipt/s– dated 24th February, 2019 (or post) (if expenditure has already been paid for).

As supporting evidence for compensation, the claimant shall also provide a Fiscal Receipt/s to be dated 24/02/2019 (or post) as proof of the value of incurred expenditure. All the below criteria should be met:

Receipts shall only be considered as valid if the expenditure incurred/invoice date is either on the 24th February, 2019 (or post).

Receipts issued should be itemised, where all items or services purchased should be clearly identifiable and also be individually priced.

Receipts shall be in accordance with the VAT regulations.

Copies of receipts shall be submitted to the DFA as supporting documentation. All originals should be retained by the claimant. The DFA reserves the right to request the claimant to show the original receipts in order to verify all copies submitted.

Only fiscally valid receipts shall be considered as being eligible.

The DFA shall not be held in any way accountable for any expenses or losses incurred by the applicant, in case the approved eligible expenditure (aid granted) is less than the value of the Fiscal Receipt/s (if expenditure has already been incurred).

Category 3: Where the nature of the damage concerns: Octopus Fishing Pots.

Only MFA & MFB registered vessel owners shall be eligible to apply under Category 3 of this scheme.

Only fishers who suffered damages to their Octopus Fishing Pots shall apply under Category 3 of this scheme.

Where the nature of the damage concerns Octopus Fishing Pots, claimants are only to apply under Category 3 of this scheme. For submissions under this category to be considered eligible, the fisher had to have reported octopus landings during the year before: between February 2019 and February 2020.

Fishers shall be entitled for a Flat Rate compensation as stipulated below:

Small Pot – €15

Medium Pot – €20

Large Pot – €25

Following expenditure approval and the processing of aid compensation by the DFA, after 90 calendar days, the DFA shall get in contact with each respective claimant to conduct a physical inspection, to check and verify that all claimed pots were indeed manufactured and were adequately labelled.

5. How will the compensation be calculated?

i. The DFA shall consider the value/s of the vessel surveyor report, quotation/s, sales orders or fiscal receipt/s as the primary baseline of eligible expenditure.

ii. The Department of Fisheries and Aquaculture reserves the right to introduce and apply any other eligibility requisite, parameter, interpretation or criteria as deemed fit, even if it does not form part of this scheme's terms and conditions.

iii. Under this scheme, the claimant is entitled for 100% of claimed eligible damages Exclusive of VAT.

iv. The DFA reserves the right to revise the compensation calculation methodology if required.

v. If the nature of the damage concerns the vessel, which vessel is owned by more than one person, in order for one to be able to apply for this scheme, all owners shall give their consent by filling in the appropriate section in the Claims Form. In the case of companies an authorised person is to sign.

The Department of Fisheries and Aquaculture reserves the right to determine the eligibility of claimed damages, as per parameters stipulated above. All claims shall be subject to the scrutiny, interpretation and acceptance of the Department of Fisheries and Aquaculture. The DFA reserves the right to define what expenditure or damages are deemed as being eligible or not. All decisions taken in this regard shall be considered as final. No revisions shall be allowed nor will be carried out.

6. How will payment be executed?

Successful claimants shall be formally notified via an official letter. Following the vetting of all documentation submitted, the amount of money will be transferred to the bank account provided in the application.

7. How and when can I apply?

Claimants are to submit their claims form and all other supporting documentation by hand to the Department of Fisheries and Aquaculture (Malta) or Mġarr Office (Gozo) from 20/07/2020 up to 07/08/2020 from 8.30am to 12.00pm, Monday to Friday (excluding weekends and public holidays), unless otherwise notified. Late submissions shall not be considered.

If the need arises, the DFA reserves the right to extend the deadline of application submission by a maximum of (2) two weeks.

The Department of Fisheries and Aquaculture shall review all Claims Forms and Supporting Documentation received during the submission period and shall then notify via an official letter the claimant of any missing documentation.

Claimants are to submit any missing documentation by hand to the Department of Fisheries and Aquaculture (Malta) or Mġarr Office (Gozo) as per dates and time to be stipulated in any subsequent correspondence sent to claimants. Late submissions shall not be considered.

Following the submission of missing documentation, the Department of Fisheries and Aquaculture shall review all documentation received during the first and second submissions, and then formally notify via an official letter the claimant whether the submission was accepted or rejected.

Following the vetting of all documentation submitted, a cheque totalling only the eligible expenditure shall be sent by post to successful claimants.

Clarifications and queries can be addressed to the DFA by:

email: fisheriesprojects.mafa@gov.mt

telephone: 2292 6845/2292 6831

8. Disclaimer

i. The Department of Fisheries and Aquaculture reserves the right to use data gathered in this Claims Form for the scope of this scheme.

ii. The English version of this scheme shall prevail in case of conflict or interpretation with the Maltese version.

iii. All data shall be double checked with the DFA's internal records. Where claims are being made in respect of Octopus Pots, the DFA shall check with its internal records whether Octopus was indeed landed in the year 2018. If landings are NIL, the applicant's (claiming for damaged pots) claim shall be rejected. Similar checks shall also be made in respect of other categories.

iv. The claimant is declaring that no other compensation has been received via any other means or private insurance policy and therefore no double claims for compensation are being made.

v. The claimant is declaring that he/she is operating in conformity with all the established local and international legislation/regulations as defined by law.

vi. The claimant is declaring that all damages being claimed were incurred during the 24th February, 2019, storm and not during any other date.

vii. The DFA reserves the right to request for additional information from the claimant or carry out additional checks with third parties if deemed required.

viii. Any false declaration/s shall be considered as being a criminal offence. The applicant shall be held personally liable to return back any monies received, if payments would have already been processed. One will also be automatically disqualified from this scheme and potentially from other future schemes to be issued by the DFA. This clause does not have an applicable time limit and shall remain in force indefinitely.

ix.All conditions listed down in this document should be strictly abided with.

9. Amendments

In case of amendments to this scheme, these will be published in the Government Gazette.

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 Community Officer                  

Application for licence of Private Guard

Any person may, within one month from the publication of this notice, object in writing to the Commissioner about the issue of the above licences on any of the grounds listed in section 10 of the Private Guards and Community Officers Act 1996, which are:

(a) where the applicant or any officer of the applicant or any person who has an effective control of the services to be provided by the applicant.

(i) has been convicted in Malta or elsewhere of any 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.

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: