Government Notices published in Government Gazette No 21,027 of 24th March 2023

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

Act No. X of 2023 entitled the Housing Authority (Amendment) Act, 2023.

It is hereby notified for general information that, in exercise of the powers conferred by the Community Malta Agency (Establishment) Order, 2020 article 7 of L.N. 436 of 2020, the Minister for Home Affairs, Security, Reforms and Equality has approved the nomination of Dr Herrera as chairperson on the Community Malta Agency Board in lieu of Perit Alistair Avallone, and the nomination of Mr Ludovigo Scicluna as Member.

These nominations will remain valid until 12th October, 2025.

THE Permanent Secretary in the Ministry for Finance and Employment has approved the following acting appointment:

It is notified for general information that Perit Alistair Avallone has been appointed as Chairperson on Malta Residency Agency Board in lieu of Mr Keith Fenech.

This nomination will remain valid until 21st June, 2025.

Temporary Suspension of Certain Provisions Relating to Public Procurement

Regulations (Amendment) Regulations, 2023

Explanatory Note

1. Introduction¹

2. Summary and background

2.1 Aims & Objectives of the legislation

One of the aims of the amendments is to update the current rules so as to clarify and modify existing rules in the Trademark Rules (S.L. 597.04).

Another principal objective of the amendments is to introduce procedures for notice for revocation and notice for declaration of invalidity of a registered trademark in line with Article 45 of Directive (EU) 2015/2436 to approximate the laws of the Member States relating to trade marks and article 52 of the Act.

Rules 83-90 of the amendments to the Trademark Rules outline the procedure for notice for revocation and notice for declaration of invalidity of a registered trademark in terms of article 52 of the Act. 

2.2 Importance of rules

These amendments to the Trademark Rules are considered as a complementary tool to the Act. Their primary importance of these rules is to bring into effect procedures relating to notice for revocation and notice for declaration of invalidity of a registered trademark.

2.3 Public Consultation

Consultations were carried out with the relevant stakeholders including trademark representatives and entities such as the Malta Chamber of SMEs, the Malte Employers' Association and the Malta Chamber of Commerce, Enterprise and Industry.

3. Overview of the structure of the instrument

This instrument contains a total of nine rules as follows:

Rule 1 – Citation and Scope

Rule 2 – Substitutes rule 8

Rule 3 – Substitutes rule 31

Rule 4 – Amends rule 39

Rule 5 – Substitutes rule 40

Rule 6 – Amends rule 41

Rule 7 – Adds new Part VI to the principal rules

Rule 8 – Amends the Schedule of Fees

Rule 9 – Adds new items to the Schedule of Fees

4. Commentary

Rule 2 – This amendment to rule 8 clarifies that when the representations or amendments have been submitted by the applicant, following the Comptroller  of  Industrial Property (hereinafter  referred  to as the “Comptroller")'s request to amend a trademark application, the Comptroller shall decide whether to accept or refuse the application or to seek further clarification from the applicant or his representatives or from other sources as may be necessary. This amendment also provides that such clarifications are to be provided to the national Maltese entity officially designated with the responsibility to register trademarks in Malta (hereinafter referred to as the “Office") within thirty (30) days from the date of the Comptroller's request.

Rule 3 – This is an amendment to rule 31 and provides that when a representative is appointed in respect of a trademark, the representative or the owner of the trademark in question is to provide the Office with a power of attorney document, which confirms the appointment of the representative and stipulates the tasks which the representative may undertake in connection with the trademark in question.

This amendment also outlines that when the trademark owner wishes to change or add a representative in respect of a trademark, he is to submit a request to the Comptroller. It also lists the requirements that are to be included in the request to the Comptroller in the case of replacing or adding a representative.

Rule 4 – In this amendment to rule 39(3) we are deleting the words “working days" from the Maltese version.  This simplifies matters in practice and also conforms with the English version of this rule as well as with other time frames provided in these rules. However, in order to ensure that there is no reduction in the timeframe, the time period has been increased from 20 to 30 days.  

Rule 5 – This amendment is substituting rule 40 in order to provide clarifications on procedures to be followed in the different circumstances of the trademark applicant's reaction to an opposition and in turn the opposing party's to the applicant's reaction.

Sub-rule (1) of rule 40 lists the alternatives available to the applicant when an opposition has been filed against his trademark and sub-rule (2) provides that the opposition shall be closed where the application is withdrawn.

Sub-rule (3) of rule 40 provides that when the applicant opts to restrict the application by deleting some or all of the goods or services against which the opposition is directed, he must state which of the goods or services are being deleted, which are being kept and which of the other goods or services (which the opposing party did not object to) are being kept.

Sub-rule (4) of rule 40 provides that the above information is to be forwarded to the opposing party who has to inform the Office whether he would still like to proceed with the opposition with regard to any of the goods or services which were originally opposed but which may have not been deleted by the applicant.   This sub-rule also provides for the circumstances when opposition proceedings will be considered to be closed.

Sub-rule (5) of rule 40 outlines the action which the applicant can take when the opposing party decides to sustain the opposition.  Thereby this amendment allows the applicant the possibility of filing a counterstatement to the opposition even after having first opted to delete some of the goods or services against which the opposition was directed.   

Sub-rule (6) of rule 40 provides that the counterstatement is to be sent to the opposing party who in turn must confirm whether he is withdrawing or maintaining his opposition.  When maintaining his opposition he is to specify the goods or services against which the opposition is being maintained, in the reasoned statement he is required to submit.  If the opposing party does not inform the Office whether he is withdrawing or maintaining the opposition, the opposition will be considered as withdrawn.

Sub-rule (7) of rule 40 clarifies the procedure to be followed when the parties decide to attempt to reach a friendly settlement within the time period provided in article 50(2) of the Act.  When such a friendly settlement is reached the parties will have a further 20 days to provide the Office with a joint statement outlining the details of the friendly settlement.  When the joint statement is not submitted to the Office or the Office is notified that a friendly settlement is not reached, the opposition will be considered as maintained.  However, the applicant may still file a counterstatement and follow the procedure outlined in sub-rule 6. 

Sub-rule (8) of rule 40 provides that the application shall be deemed abandoned if within the periods provided for in sub-rules (1) and (5) the Office is not informed of any action taken.

Sub-rule (9) of rule 40 provides that opposition proceedings shall be closed when the Office is informed that the application is rejected in parallel proceedings.

Rule 7 – This amendment introduces new rules which outline the procedures and processing requirements in relation to a notice for revocation and a notice for declaration of invalidity of a trademark. These rules are rules 83 – 90.

Rule 83 specifies what must be submitted to the Office when filing a notice for revocation of a trademark based on article 29 of the Act.

Rule 84 specifies what must be submitted to the Office when filing a notice for revocation of a trademark based on article 30 of the Act.

Rule 85 specifies that a notice for revocation may be submitted either electronically or in paper format.  In case of the latter this must be submitted in duplicate.

Rule 86 specifies what must be submitted to the Office when filing a notice for declaration of invalidity of a trademark based on Article 5 of the Act.

Rule 87 specifies what must be submitted to the Office when filing a notice for declaration of invalidity of a trademark based on article 6 of the Act.  This rule outlines the requirements to be submitted when filing a notice for declaration of invalidity of a trademark on the basis of articles 6(1) to 3(a) and (b) and on the basis of article 6(3)(c) of the Act.

Rule 88 specifies that a notice for declaration of invalidity may be submitted either electronically or in paper format.  In case of the latter this must be submitted in duplicate.

Rule 89 specifies that when the notice for revocation or the notice for declaration of invalidity does not comply with the requirements outlined in rules 83-88, the Office is to invite the applicant to remedy any deficiency in his application within the specified timeframe.  Failure to remedy the deficiencies within such timeframe would result in the notice for revocation or the notice for declaration of invalidity being rejected.  Where the prescribed fee for a notice for revocation or a notice for declaration of invalidity has not been submitted, said notice shall be deemed by the Office not to have been filed.  The Office must inform the applicant for the notice for revocation or the notice for declaration of invalidity whether the Office has rejected the notice, deemed it as not having been filed or found it admissible.

Rule 90 outlines the procedure to be applied by the Office when the notice for revocation or the notice for declaration of invalidity is considered to be admissible.  It specifies that the Office is to inform the owner of the trademark that within a period of 90 days from when notified, the owner may surrender the trademark, restrict the goods or services covered by the trademark or submit a statement against the notice for revocation or the notice for the declaration of invalidity together with any accompanying documents.  This amendment then goes on to outline the process to be followed when the owner surrenders the trademark, when the owner restricts the goods or services of the trademark and when the owner submits a statement in reply to the notice for revocation or notice for declaration of invalidity.

Rule 8 – Minor corrections were carried out to items 3 and 4 of the Schedule of Fees by sub-rules 8(a) and (b). These amendments were carried out so that there is conformity with rule 40. No changes were made to the fees.  

Sub-rule (c) provides for a fee to be paid when requesting to add or replace a representative.  Sub-rules (d) and (e) specify the fee to be paid for the cancellation or modification of a right in rem or a levy of execution.

Rule 9 – This amendment provides for the introduction of the relevant fees in connection with Rules 83, 84, 86, 87 and 90 on notice for revocation and notice for declaration of invalidity.

5. Concluding Section

The proposed legal notice modifies existing rules and implements the requirements of Article 45 of Directive (EU) 2015/2436, without introducing unnecessary bureaucratic burdens on the competent authority and the stakeholders concerned.

N.B. These Explanatory Notes are not intended to be an exhaustive description of the instrument nor a substitute thereof or a legislative supplement to it. These Explanatory Notes do not purport to be an authoritative ruling on the interpretation of the legislation.

¹These Explanatory Notes are for the purpose of and in accordance with Article 3(2)(c) and Schedule III of Chapter 512 of the Laws of Malta.

Explanatory Notes

1. Introduction

2. Summary and background

2.1 Aims and Objectives of the legislation

Directive 2011/65/EU lays down rules on the restriction of the use of hazardous substances (RoHS) in electrical and electronic equipment (EEE) with a view to contributing to the protection of human health and the environment, including the environmentally sound recovery and disposal of EEE waste.

Directive 2011/65/EU applies to eleven (11) different categories of EEE, listed in Annex I to that Directive.

Member States shall ensure that EEE placed on the market shall not exceed the maximum concentration values on the restricted substances as listed in Annex II of that Directive. However, while certain equipment is excluded from the scope of the Directive, as indicated in Article 2 thereof, a number of exemptions are granted, as listed in Annex III and Annex IV of the said Directive.

Information on Directive 2011/65/EU of the European Parliament and of the Council on the restriction of the use of hazardous substances in electrical and electronic equipment may be accessed through the following link:

http://ec.europa.eu/environment/waste/rohs_eee/index_en.htm

Directive 2011/65/EU and subsequent amendments thereto, have been transposed into local legislation by means of Subsidiary Legislation 427.57 (S.L. 427.57), entitled the Restriction of Use of Hazardous Substances in Electrical and Electronic Equipment Regulations, which may be accessed through the following link: https://legislation.mt/eli/sl/427.57/eng/pdf

The aim of the proposed regulations is to transpose into Maltese law further amendments carried out to Directive 2011/65/EU. The amendments are included in two Commission Delegated Directives, as indicated in regulation 1(2) of the proposed regulations.

2.2 Overview of the Directives being transposed

Commission Delegated Directive (EU) 2022/1631:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32022L1631

provides an exemption for the use of lead in bismuth strontium calcium copper oxide superconductor cables and wires and lead in their electrical connections.

Commission Delegated Directive (EU) 2022/1632:

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32022L1632

provides an exemption for the use of lead in certain magnetic resonance imaging devices.

3. Overview of the structure of the instrument

The proposed regulations consist of three regulations.

4. Commentary on parts and articles of the legislation

5. Concluding Section

Regulations 2 and 3 of the legal notice shall apply as from 1st March, 2023.

Should more information be required kindly contact the Regulatory Affairs Directorate within the Malta Competition and Consumer Affairs Authority.

N.B. This Explanatory Note is not intended to be an exhaustive description of the instrument nor a substitute thereof or a legislative supplement to it. This Note does not purport to be an authoritative ruling on the interpretation of the legislation.

Annex

Transposition Notes for the implementation of the main elements of the Directives mentioned in section 2.2 of this Explanatory Note.

Application Number: 112/2023

By a Decree of the 22nd March, 2023, the Court of Revision of Notarial Acts ordered the immediate cessation of the partial incapacitation of Notary Dr. Robert Micallef from the exercise of the notarial profession ordered by the Decree of the 2nd March 2023, as it now appears that the same Notary Micallef has now complied with the Law and the Order of this Court.

DR MARIA RUTH CIANTAR, DIP. LAWS OF PROC. (MELIT.), LLB (HONS) (MELIT.), M. ADV. (MELIT.), M. NOT. ST (MELIT.).

Deputy Registrar, Court of Revision of Notarial Acts

Today, 22nd March, 2023

Government Grant on the Installation of Bicycle

Racks/Ancillary Facilities in Localities or within Enterprises' Premises

WITH reference to Government Notice No. 1753, published in Government Gazette No. 20,981 of 26th December, 2022, the grant scheme 'Government Grant on the installation of bicycle racks/ancillary facilities in localities or within enterprises' premises' is being amended as follows.

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

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

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

1. Interpretation

In this scheme, unless the context otherwise requires:

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

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

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

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

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

'effective date' means the 1st January 2023;

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

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

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

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

'Malta' means the islands of Malta;

'Minister' means the Minister responsible for Finance and Employment;

'businesses' means any commercial company including partnerships registered in Malta with the Malta Business Registry;

'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 responsible for Foreign and European Affairs;

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

'European Union' has the same meaning as is assigned to it by article 2 of the European Union Act (Cap 460), and includes Norway, Iceland and Liechtenstein;

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

2.Area of applicability

This scheme relates to the expenditure that is incurred in the purchase price and installation of bicycle racks within the locality or the purchase price and installation of bicycle racks/ancillary facilities within the enterprises' premises, and which purchase, and works were carried out from the effective date or afterwards and completed by the end of December 2023.

3.Expenditure to be reported

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

4.Manner of application and supporting documents.

The application process comprises two stages, where applicants may wish to consider submitting the documents at Stage 1 before going on to effect any procurement and installation at Stage 2, should this be deemed necessary.

Stage 1

(i) Applications under this scheme shall be made in the form set out in schedule (A) annexed to this scheme, and shall contain all the information, details and documents as required in the said form and in terms of this scheme.

(ii) Prior to purchasing and installing the bicycle racks/ancillary facilities the applicant must read and follow the applicable guidelines, that are accessible on (www.finance.gov.mt).

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

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

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

(c) Picture of the proposed racks;

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

Stage 2

(i) At reimbursement stage the applicant must submit:

Both the original fiscal receipt/s and the commercial invoices.

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

5. Submission of Applications

(i) Only those applications that are in conformity with all the provisions of this scheme shall be eligible for payment of the assistance referred to in section 6 of this scheme.

(ii) Applications under this scheme, including the documents required to be submitted with the application, shall be submitted to The Bicycle Rack Fund, Ministry for Finance and Employment, Maison Demandols, 30 South Street, Valletta. The Application form and guidelines are available on www.finance.gov.mt.

6.Grant payable under this scheme

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

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

7.Payment of Grant

The grant will be paid to the applicant by bank transfer to the account listed on the application.

8. Validity of application

An application shall not be deemed to be valid unless:

a) it is full and complete in all material aspects;

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

9.Duration of the scheme

This scheme has a definite duration and will start as from the 1st January, 2023, and end on the 31st December, 2023, until this scheme is not modified/terminated by means of a notice in the Government Gazette and shall be renewed as deemed necessary by the Minister for Finance and Employment and as such shall be thus published in another notice in the Gazette. 

10. State Aid

With reference to section 5(ii), this scheme will be implemented in accordance with the provisions of Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid, OJ L 352/1 of 24 December 2013, as amended by Commission Regulation (EU) 2020/972 of 2 July 2020 amending Regulation (EU) No 1407/2013 as regards its prolongation and amending Regulation (EU) No 651/2014 as regards its prolongation and relevant adjustments, OJ L 215/3 of 7 July 2020. Commercial enterprises applying for this grant should make sure that they are within the limits of State Aid and will have to fill the attached form on State Aid.

11.Amendments to the scheme

The Minister for Finance and Employment reserves the right to make any amendments to this scheme by the publication of the said amendments in the Government Gazette.

12. Transitory provisions

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

SCHEDULES

Schedule A – Application Form

Schedule B – State Aid Declaration Form

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:

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: