Government Notices published in Govt. Gazette No. 20,609 of 16th April 2021

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

Act No. XVII of 2021 entitled the Victims of Crime (Amendment) Act, 2021; and

Act No. XVIII of 2021 entitled the Budget Measures Implementation Act, 2021.

Minors Care Review Board

IT is hereby notified for general information that in exercise of the powers conferred by section 31 of the Minor Protection (Alternative Care) Act, (Cap. 602), the Minister for Social Justice and Solidarity, the Family and Children's Rights has approved the appointment of Dr Aloisia Camilleri Aquilina as member of the Minors Care Review Board in lieu of Dr John Mifsud.

This appointment will remain valid until 30th June, 2024.

Board of Directors

It is notified for general information that, in exercise of the powers conferred by article 21(2)(b) of the Malta Development Bank Act, Cap. 574, the Minister for Finance and Employment has appointed Dr Michele Cardinali LLB (Hons.) M. Adv. (Melit.), as Director on the Malta Development Bank Board of Directors.  This appointment is valid for a period of five years with effect from 14th April 2021.

Notice of Derogation

IN EXERCISE of the powers conferred by the fourth proviso to Regulation 10(6) of the Conservation of Wild Birds Regulations (S.L. 549.42), the Minister for the Environment, Climate Change and Planning, in conjunction with the Minister for Gozo has, after giving due consideration to the recommendations of the Malta Ornis Committee, which met on the 17th March 2021, is hereby authorising derogation from the provisions of Regulation 4 (1) (e) in line with the provisions of Regulation 9 (1) (e) to permit the sampling of carcasses available to the Wild Birds Regulation Unit, to determine the incidence of ingested marine litter in the three tubenose seabird species breeding within the Maltese Islands: Yelkouan Shearwater Puffinus yelkouan, Scopoli's Shearwater Calonectris diomedea diomedea and European Storm-petrel Hydrobates pelagicus melitensis. The validity period shall be from date of publication of this Governemt Notice until end December, 2021. Authorisation is being granted for the purpose of scientific research and analysis strictly under the conditions and controls stipulated in the licence issued for this purpose by the Wild Birds Regulation Unit. The information obtained through this study shall be provided to the Wild Birds Regulation Unit in the form of a detailed written report within six (6) months from the expiry date of the licence.

Completion of Road Formation and Traffic and Parking Suspension

In virtue of Article eighteen (18) of Legal Notice 291 of 2018, the Agency for Infrastructure Malta hereby gives official notice of its intention to complete the formation of:

Triq il-Madonna tar-Rużarju/Triq San Pietru/Triq il-Kapuċċini/Triq San Franġisk, Wied iż-Żurrieq, Qrendi (indicated on the site plan on page 3494).

Any person who is obliged by law to form said road (including by acquiring land necessary for the same formation) has fifteen (15) days from the date of the publication of this notice within which to comply with his obligations at law. In default, the Agency for Infrastructure Malta shall itself proceed with the formation of this road in accordance with its powers at law and at the expense of those persons whose obligation it is to form the road.

The Agency for Infrastructure Malta notifies that from 19th April, 2021 to 31st December, 2021, no parking will be permitted in Triq il-Madonna tar-Rużarju, Triq San Pietru, Triq il-Kapuċċini and Triq San Franġisk, Wied iż-Żurrieq, Qrendi, due to road works.

Parking of vehicles is not allowed during these days. Vehicles found in contravention to the order of this notice are liable to be towed.

Government Grant including Scrappage Scheme on the Purchase of Environment-friendly Vehicles

The Ministry for Transport, Infrastructure and Capital Projects in conjunction with the Authority for Transport in Malta, will be launching a grant scheme to incentivise the purchase of new M1 motor vehicles whilst at the same time reducing the number of old motor vehicles from the road.

Subject to various conditions, the amount of the grant shall be up to a maximum of €1,500, which shall be given upon the purchase of a new Category M1 motor vehicle and a grant of €2,000 upon registering a new mild hybrid Category M1 vehicle whilst at the same time de-registering a vehicle M1 or N1.

The scheme commences on the 1st January 2021, on a first come first serve basis.

THE SCHEME

1. Interpretation

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

'applicant' means the person or registered NGO applying for the grant under this scheme and who, apart from being a person residing in Malta, is the purchaser of a new M1 vehicle 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);

'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 complied with all regulatory acts at the time of its production;

'CO₂ emissions' means the level of carbon dioxide emissions for a vehicle measured in accordance with Directive 80/1268/EEC as amended and contained in the relevant EC type-approval certificate or certificate of conformity, and where the vehicle is not type-approved, for that particular vehicle the emissions level contained in a document acceptable to the Authority;

'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 motor vehicle which has been de-registered;

'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);

'mild hybrid vehicle' means for the purpose of this scheme, a new motor vehicle having at least two different energy converters and two different energy storage systems for the purpose of vehicle propulsion, used for the carriage of persons and which may carry no more than eight passengers in addition to the driver with emission between 40 and 65g/km for the NEDC test cycle or between 40 and 80g/km for the WLTP test cycle and its length does not exceed 4460mm as certified on the certificate of conformity, and is licensed only for private use;

'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;

'M1 vehicle' means, for the purpose of this scheme, a new motor vehicle used for the carriage of persons and which may carry no more than eight passengers in addition to the driver.  The CO2 emissions of which do not exceed 130g/km for the NEDC test cycle or 170 g/km for the WLTP test cycle and its length does not exceed 4460mm as certified on the certificate of conformity, and is licensed only for private use;

'New European Driving Cycle (NEDC)' means a driving cycle designed, inter alia, to assess the emission levels of car engines;

'NGO' means a non-Governamental organisation;

'new motor vehicle' means an M1 vehicle which has never been registered in any country;

'non-Governmental organisation 'means a vocational organisation as defied in the Voluntary Organisations Act (Cap. 492)

'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;

'private use' means any use other than for hire or reward or financial gain;

'purchaser' means the person buying the new 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 owner' means the person 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 (Cap. 368);

'Single Undertaking' includes, for the purposes of the de minimis Regulation, all enterprises having at least one (1) of the following relationships with each other:

a) one enterprise has a majority of the shareholders' or members' voting rights in another enterprise;

b) one enterprise has the right to appoint or remove a majority of the members of the administrative, management or supervisory body of another enterprise;

c) one enterprise has the right to exercise a dominant influence over another enterprise pursuant to a contract entered into with that enterprise or to a provision in its memorandum or articles of association;

d) one enterprise, which is a shareholder in or member of another enterprise, controls alone, pursuant to an agreement with other shareholders in or members of that enterprise, a majority of shareholders' or members' voting rights in that enterprise.

Enterprises having any of the relationships referred to in points (a) to (d) above through one or more other enterprises shall also be considered to be a single undertaking.

'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.

'Worldwide Harmonized Light Vehicle Test Procedure (WLTP)' means a global, harmonized standard for the measurement of, inter alia, CO2 emissions in traditional passenger and hybrid cars which was developed by the United Nations Economic Commission for Europe to replace the New European Driving Cycle (NEDC) as the European vehicle homologation procedure.

2. Area of applicability

2.1 The scheme applies to a person residing in Malta or a registered NGO who:

(i) owns an M1 or N1 vehicle which is at least 10 years old from year of manufacture, provided that such vehicle:

(a) shall have been registered, garaged or licensed with the Authority in the applicant's name during 2020 or 2021;

(bi) shall continue to be so registered, garaged or licensed until the date of application for the grant, and

(c) is de-registered at an authorised treatment facility; 

2.2. A grant of:

(a) €900 or the equivalent to the amount of registration tax paid on that particular vehicle up to a maximum of €1,500 will be given to persons registering a new Category M1 vehicle with NEDC CO2 emission levels up to 100g/km;

(b) €800 will be given to persons registering a new Category M1 vehicle with NEDC CO2 emission levels between 101 and 130g/km;

(c) €2,000 will be given to persons registering a new category M1 mild hybrid vehicle with NEDC CO2 emissions deducted by 30% and between 40 and 65 g/km;

(d) €800 or the equivalent to the amount of registration tax paid on that particular vehicle up to a maximum of €1,500 will be given to persons registering a new Category M1 vehicle with WLTP CO2 emission levels up to 130g/km;

(e) €800 will be given to persons registering a new Category M1 vehicle with WLTP CO2 emission levels between 131 and 170g/km;

f) €2,000 will be given to persons registering a new category M1 mild hybrid vehicle with WLTP CO2 emissions deducted by 30% and between 40 and 80g/km.

A, b and c are only applicable for vehicles registered before 1st January, 2021 whilst d, e, and f are only applicable for vehicles registered on or after the 1st January 2021.

Every eligible person shall be entitled to only one grant under this scheme whilst NGOs may apply under this scheme provided that they carry out an economic activity, and are to make sure that they do not exceed the State Aid thresholds established in the De Minimis Regulation.

In the case of NGOs which carry out an economic activity, the De Minimis Rules¹ shall apply.

3.Manner of application and supporting documents

(i) An application for a grant under this scheme shall be made 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,

(ii) The application shall be accompanied by a destruction certificate issued by the approved destruction facility certifying that the vehicle has been scrapped,

(iii) Applications under this scheme, together with all the relevant documents, shall be submitted or sent by post by the applicant to Transport Malta, Driver and Vehicle Licensing Unit, A3, Towers, Arcade Street, Paola, or Malta Transport Centre, Driver and Vehicle Licensing Unit, Lija between 07.30 and 12.00 and between 13.00 and 14.30 during working days.

4.Eligibility

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

(ii) To qualify, the new (M1) motor vehicle shall:

(a) be latest Euro Standard and in accordance with Commission Regulation (EC) 459/2012 as certified on the Certificate of Conformity;

(b) have NEDC CO2 emissions between 0-130 g/km or 170 g/km for the WLTP test cycle as certified on the Certificate of Conformity;

(c) have a length that does not exceed 4460mm as certified on the Certificate of Conformity;

(d) been registered after the 1st January 2020;

(e) be licensed for private use.

(iii) To qualify, 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 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) 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);

(iv) To qualify, an applicant shall not have benefitted from the grant schemes on the purchase of more environment-friendly cars which were in force between the years 2015 – 2020;

Vehicles registered on or after the 1st January 2021 must apply with the new application form launched with this scheme. All previous applications in the old format will not be accepted.

5. Payment of Grant

5.1       Where an applicant qualifies for the grant, the grant shall be paid directly to that applicant.

The grant would also be payable when the customer enjoys an exemption from registration tax and, in such a case, separate financial arrangements are made.

The grant given to the purchaser shall not be assessed as income for income tax purposes.

5.2.      In the case of applications by non-Governmental organisations that carry out an economic activity, the following additional conditions shall apply:

Payment shall be effected only if the applicant would not have reached the limits established in the De Minimis rules, i.e. the total amount of de minimis aid granted to a single undertaking shall not exceed the amount of two hundred thousand Euro (€200,000) over any period of three (3) consecutive fiscal years.

This maximum threshold would include State aid granted under this aid scheme and any other State aid measure implemented under the de minimis Regulation, including that received from any entity other than Transport Malta, over a period of three fiscal years. Any de minimis aid received in excess of the established applicable threshold will have to be recovered, with interest, from the non-Governmental organisation receiving the aid.

Applicants are to fill in and submit, together with the application form, a signed de minimis declaration form indicating any de minimis aid received during the current fiscal year and the previous two fiscal years.

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.

7. Refund of grant if the vehicle is transferred

The new motor vehicle purchased by the applicant shall remain registered in his name for a period of at least thirty-six (36) months from the date of first registration.  If the registered owner of a new motor vehicle on which a grant has been provided under this scheme, transfers the said vehicle, for any reason other than a transfer causa mortis to a 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.

8. Duration of scheme

This scheme shall remain into force for a maximum period of twelve months beginning on the 1st January, 2021 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 €1,500,000. 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. 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.

10. Fraudulent claims

Where a fraudulent claim arises, the Minister responsible for Transport, Infrastructure and Capital Projects may institute criminal proceedings against those responsible.  In the event of an incorrect payment of a claim, the Ministry responsible for Transport, Infrastructure and Capital Projects reserves the right to recover funds paid in error.

11. VAT refunds

Persons who receive a grant under this scheme shall not be eligible for any VAT refunds on the purchase of the new vehicle on which such a grant has been paid.

De Minimis rules are stipulated in Commission Regulation (EU) No. 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid [OJ L 352/1] as amended by Commission Regulation (EU) 2020/972 of 2 July 2020, amending Regulation (EU) No 1407/2013 as regards it prolongation and amending Regulation (EU) No 651/2014 as regards its prolongation and relevant adjustments [OJ L 215/3].

Government Grants including Scrappage Schemes for the Purchase of Electric Vehicles 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 at 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), Plug-in Hybrid Electric Vehicles and Range Extender Electric Vehicles to incentivise the purchase of M1,M2,M3,N1 and N2 Electric Vehicles, respectively with the aim of reducing the number of older conventional motor vehicles from the road.

The scheme is deemed to have come into effect as of the 1st January 2021 and is on a first come first served basis. This scheme shall remain in force until the 31st December 2021 or until the budgeted funds are exhausted 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 €2,500,000. Electric Vehicles registered during 2020 which did not avail themselves of any related grants in 2020 can apply under this scheme.

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, M2, M3, N1 and N2 vehicle 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, M2, M3, N1 or N2 vehicle which has been de-registered

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

(i) a Category M1, M2, M3, N1 or N2 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, M2, M3, N1 or N2 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, M2, M3, N1 or N2 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.

'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;

'New motor vehicle' means, a motor vehicle which has never been registered in any country;

'New Electric Vehicle' means an electric vehicle (including all vehicles of this type as defined in this scheme) which have never been registered before in any country. '

'category M1 vehicle' means, for the purposes of this scheme, a motor or electric vehicle used for the carriage of persons and which may carry no more than eight passengers in addition to the driver;

'category M2 vehicle' means a motor or an electric vehicle designed and constructed for the carriage of passengers, comprising more than eight seats in addition to the driver's seat, and having a maximum mass not exceeding 5 tonnes;

“M3 motor vehicle" means a vehicle used for the carriage of passengers, comprising more than eight seats in addition to the driver's seat, and having a maximum mass exceeding 5 tonnes;

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

'category N2 vehicle' means a motor or an electric vehicle designed and constructed for the carriage of goods and having a maximum mass exceeding 3,5 tonnes but not exceeding 12 tonnes;

'Car Hire' means, hiring of electric vehicles over a short period of time or for a period of years;

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

'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, applies to any person residing in the Maltese Islands, Local Councils, non-government organisations and commercial undertakings (registered in Malta), who can benefit from an assistance up to the maximum thresholds stipulated in the De Minimis Regulation¹. The scheme will allow a mix and match of possible replacement of ICE vehicles and purchase of new electric vehicles with a total maximum grant in the case of commercial undertakings of €200,000 (or €100,000 in the case of undertakings performing road freight transport for hire or reward) made up of all de minimis aid received including the various types of grants as indicated in this notice. If a private individual or entity is applying for the €12,000, €9,000, €5,000 and €3,000 grant, that private individual or entity shall be the owner of a registered M1,M2, N1 or N2 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) €9,000 when registering a new electric vehicle falling under Category M1 or N1 while de-registering and scrapping another M1, M2, N1 or N2 ICE vehicle which is at least 10 years old from its year of manufacture;

b) €8,000 when registering a new electric vehicle falling under category M1 or N1 without de-registering and scrapping an older ICE vehicle;

c) €5,000 when registering a used electric vehicle under categories M1 or N1 and the electric vehicle is not older than 6 months and should not exceed 6,000km on the odometer while de-registering and scrapping another M1, M2, N1 or N2 ICE vehicle which is at least 10 years old from its year of manufacture;

d) €4,000 when registering a used electric vehicle under the categories M1 or N1 and the electric vehicle is not older than 6 months from first date of first registration and should not exceed 6,000 km on the odometer without de-registering and scrapping another ICE vehicle;

e) €3,000 when registering a used electric vehicle under categories M1 or N1 and the electric vehicle is not older than 36 months from first date of registration and should not exceed 15,000km on the odometer while de-registering and scrapping another M1, M2 ,N1 or N2 ICE vehicle which is at least 10 years old from its year of manufacture;

f) €2,000 when registering a used electric vehicle under the categories M1 or N1 and the electric vehicle is not older than 36 months from first date of registration and should not exceed 15,000km on the odometer without de-registering and scrapping another M1, M2 ,N1 or N2 ICE vehicle;

g) €1,000 when registering a used electric vehicle under categories M1 or N1 and he electric vehicle is older than 36 months but not exceeding 72 months from the first date of registration.

2.2.2. For Local Councils and Non-Government Organisations that do not carry out an economic activity:

a) €9,000 when registering a new electric vehicle falling under category M1 while de-registering and scrapping another M1, M2, N1 or N2 ICE vehicle which is at least 10 years old from its year of manufacture;

b) €8,000 when registering a new electric vehicle falling under the category M1while de-registering and scrapping another M1, M2, N1 or N2 ICE vehicle which is at least 10 years old from its year of manufacture;

c) €12,000 when registering a new electric vehicle falling under category N1, N2, M2 or M3 and de-registering and scrapping another conventional M1, M2, N1 or N2 ICE vehicle which is at least 10 years old from its year of manufacture;

d) €11,000 when registering a new electric vehicle falling under e N1, N2, M2 or M3 without de-registering and scrapping another ICE vehicle;

e) €5,000 when registering a used electric vehicle falling under categories M1, N1 or N2 and the electric vehicle is not older than 6 months and should not exceed 6,000km on the odometer while de-registering and scrapping another M1, M2 or N1, N2 ICE vehicle which is at least 10 years old from its year of manufacture;

f) €4,000 when registering a used electric vehicle falling under categories M1, N1 or N2 and the electric vehicle is not older than 6 months from first date of first registration and should not exceed 6,000 km on the odometer without de-registering and scrapping another ICE vehicle;

g) €3,000 when registering a used electric vehicle falling under categories M1, N1 or N2 and the electric vehicle is not older than 36 months from first date of registration and should not exceed 15,000km on the odometer while de-registering and scrapping another M1, M2 ,N1 or N2 ICE vehicle which is at least 10 years old from its year of manufacture;

h) €2,000 when registering a used electric vehicle falling under categories M1, N1 or N2 and the electric vehicle is not older than 36 months from date of first registration and should not exceed 15,000km on the odometer without de-registering and scrapping another M1, M2 ,N1 or N2 ICE vehicle;

i) €1,000 when registering a used electric vehicle under the categories M1, N1 or N2 and the electric vehicle is older than 36 months but not exceeding 72 months from the first date of registration.

2.2.3.Registered Businesses and registered Private Companies,

For Registered Businesses and Registered Companies an amount of grant as stipulated below and capped in line with the maximum thresholds established in the De Minimis Regulation [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] shall apply.The grant can be availed with a mix and match of vehicles as follows:

a) €9,000 when registering a new electric vehicle falling under category M1 while de-registering and scrapping another M1, M2, N1 or N2 ICE vehicle which is at least 10 years old from its year of manufacture;

b) €8,000 when registering a new electric vehicle falling under category M1 while de-registering and scrapping another M1, M2, N1 or N2 ICE vehicle which is at least 10 years old from its year of manufacture;

c) €12,000 when registering a new electric vehicle falling under category N1, N2, M2 or M3 and de-registering and scrapping another conventional M1, M2, N1 or N2 ICE vehicle which is at least 10 years old from its year of manufacture;

d) €11,000 when registering a new electric vehicle falling under category N1, N2, M2 or M3 category without de-registering and scrapping another ICE vehicle;

e) €5,000 when registering a used vehicle under categories M1, N1 or N2 and the electric vehicle is not older than 6 months and should not exceed 6,000km on the odometer while de-registering and scrapping another M1, M2 or N1, N2 ICE vehicle;

f) €4,000 when registering a used electric vehicle under the categories M1, N1 or N2 and the electric vehicle is not older than 6 months from first date of first registration and should not exceed 6,000 km on the odometer without de-registering and scrapping another ICE vehicle;

g) €3,000 when registering a used electric vehicle falling under categories M1, N1 or N2 and the electric vehicle is not older than 36 months from first date of registration and should not exceed 15,000km on the odometer while de-registering and scrapping another M1, M2 ,N1 or N2 ICE vehicle which is at least 10 years old from its year of manufacture;

h) €2,000 when registering a used electric vehicle falling under categories M1, N1 or N2 and the electric vehicle is not older than 36 months from first date of registration and should not exceed 15,000km on the odometer without de-registering and scrapping another M1, M2 ,N1 or N2 ICE vehicle;

i) €1,000 when registering a used vehicle under the categories M1, N1 or N2 and the electric vehicle is older than 36 months but not exceeding 72 months from the first date of registration.

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 Regulation, 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 also eligible to apply under this grant. Private individuals can apply for two grants of which one must include the de-registration and scrapping of another M1, M2 ,N1 or N2 ICE vehicle which is at least 10 years old from its year of manufacture.

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. Provided that in the 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 established in 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) 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.

e) In the case of registered businesses, private companies and self-employed, a de minimis declaration form.

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

(iv) 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 used 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 €12,000, €11,00, €9,000 and €8,000 grant, the electric vehicle (Category M1, M2 M3, N1, N2 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) 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 €12,000, €11,000, €9,000 and €8, 000 grant, the electric vehicle (Category M1 or N1 in the case of Private Individuals) and vehicle (Category M1, M2, M3, N1 or N2 in the case of Local Councils, NGO's, Registered Business and registered Private Companies) shall:

(a) be new;

(b) not have been registered in Malta before the 1st January, 2020;

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

(iv) For imported used electric vehicles

To qualify for the €5,000, €4,000, €3,000, €2,000 and €1,000, grant the electric vehicle (Category M1 or N1 in the case of Private Individuals) and vehicle (Category M1, N1 or N2 in the case of Local Councils, NGO's, Registered Business and registered Private Companies) shall be as follows:

a. In case of €5,000 when registering a used electric vehicle under categories M1, N1 or N2 and the electric vehicle is not older than 6 months and should not exceed 6,000km on the odometer while de-registering and scrapping another M1, M2 or N1, N2 ICE vehicle which is at least 10 years old from its year of manufacture;

b. In case of €4,000 when registering a used electric vehicle under categories M1, N1 or N2 and the electric vehicle is not older than 6 months from date of first registration and should not exceed 6,000 km on the odometer without de-registering and scrapping another ICE vehicle;

c. In case of €3,000 when registering a used electric vehicle under the categories M1, N1 or N2 and the electric vehicle is not older than 36 months from date of first registration and should not exceed 15,000km on the odometer while de-registering and scrapping another M1, M2, N1 or N2 ICE vehicle which is at least 10 years old from its year of manufacture;

d. In case of €2,000 when registering a used vehicle under the categories M1, N1 or N2 and the electric vehicle is not older than 36 months from date of first registration and should not exceed 15,000km on the odometer without de-registering and scrapping another M1, M2, N1 or N2 ICE vehicle which is at least 10 years old from its year of manufacture;

e. In case of €1,000 when registering a used electric vehicle under the categories M1, N1 or N2 and the electric vehicle is older than 36 months but not exceeding 72 months from the date of first registration.

(v)  not have been registered with the Authority before the 1st January 2020;

(vi) In the case that an ICE vehicle is de-registered and scrapped (Category M1, M2, N1 or N2) the vehicle must:

(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) 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.

5. Payment of Grant

Where an applicant qualifies for the grant, the grant shall be paid directly to the applicant.

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 amount of aid 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 Regulation.

With respect to Local Councils, NGOs and private individuals, these shall be entitled to purchase more than one electric vehicle under this scheme, the highest grant applied for needs to be at least of €12,000, €11,000 or €9,000 which includes the de-registration and scrappage of an ICE vehicle as explained further above.

A vehicle is only eligible to one grant and when the 36 month period elapses and the original owner (the beneficiary) sells the electric vehicle on the used market, the new owner of the same vehicle will not be entitled to apply for any grant related to that vehicle, in the case such a grant would still be available.

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 used grant, if funds under this scheme are still available at the time of purchase.

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

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 24 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.

Vehicles registered on or after the 1st January 2021 must apply with the new application form launched with this scheme. All previous applications in the old format will not be accepted.

8. Duration of scheme

This scheme shall remain into force until the 31st December 2021 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 €2,500,000. 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 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid, as amended by Commission Regulation (EU) 2020/972 of 2 July 2020, amending Regulation (EU) No 1407/2013 as regards it prolongation and amending Regulation (EU) No 651/2014 as regards its prolongation and relevant adjustments. 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 submit a de minimis declaration.

De minimis aid for the acquisition of road freight transport vehicles by undertakings performing road freight transport for hire or reward is specifically excluded from the scope of this scheme.

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.

De Minimis rules are stipulated in Commission Regulation (EU) No. 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid [OJ L 352/1] as amended by Commission Regulation (EU) 2020/972 of 2 July 2020, amending Regulation (EU) No 1407/2013 as regards it prolongation and amending Regulation (EU) No 651/2014 as regards its prolongation and relevant adjustments [OJ L 215/3].

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:

Notice is hereby given that I have received an application for the registration of and/or amendment to rules regulating the following condominia:

Dr Claude Sapiano, LLD

Land Registrar

Notice is hereby given that I have received an application for the registration of and/or amendment to rules regulating the following condominia:

Dr Marlin Vella, LLD

f/Land Registrar

Notice in terms of Article 61(1)

In Terms of the proviso to article 61 (1) of the Duty on Documents and Transfer Act, the Commissioner for Revenue hereby notifies the persons listed hereunder to call at the Capital Transfer Duty Department, 46, Triq il-Merkanti, Valletta, to collect the notices made on such persons.