Government Notices published in Government Gazette No. 21,202 of 5th March 2024

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

Bill No. 92 entitled the Social Work Profession (Amendment) Act, 2024.

IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 21,198 of 27th February, 2024 (Legal Notice 36 to 38) and Government Gazette No. 21,200 of 1st March, 2024 (Legal Notices 39 to 45) respectively.

L.N. 36 of 2024: Building and Construction Authority Act (Cap. 623); Construction Industry Licensing (Amendment) Regulations, 2024.

L.N. 37 of 2024: Building and Construction Authority Act (Cap. 623); Avoidance of Damage to Third Party Property (Amendment) Regulations, 2024.

L.N. 38 of 2024: Building and Construction Authority Act (Cap. 623); Construction Sites Insurance Obligations Regulations, 2024.

L.N. 39 of 2024: Sports Governance and Integrity Act (Cap. 626); National Platform for the Prevention of Corruption in Sport (Powers and Obligations) Regulations, 2024.

L.N. 40 of 2024: Sports Governance and Integrity Act (Cap. 626); Establishment and Composition of the National Platform for the Prevention of Corruption in Sport Regulations, 2024.

L.N. 41 of 2024: Accountancy Profession Act (Cap. 281); Accountancy Profession (General Accounting Principles for Small and Medium-Sized Entities) (Amendment) Regulations, 2024.

L.N. 42 of 2024: Excise Duty Act (Cap. 382); Excise Duty Act (Amendment of Sixth Schedule) Regulations, 2024.

L.N. 43 of 2024: Excise Duty Act (Cap. 382); Excise Duty Act (Amendment of the Second and Sixth Schedules) Regulations, 2024.

L.N. 44 of 2024: Conduct Certificates Ordinance (Cap. 77); Conduct Certificates Ordinance (Amendment of Fourth Schedule) (Amendment No. 2) Regulations, 2024.

L.N. 45 of 2024: Income Tax Act (Cap. 123); Seed Investment Scheme (Income Tax) Rules, 2024.

THE Principal Permanent Secretary has approved the following acting appointment:

THE Permanent Secretary in the Ministry for Justice and the Reform of the Construction Sector has approved the following acting appointment.

Council of Administrators

IT is hereby notified for general information that the Minister for Social and Affordable Accommodation together with the Archdiocese of Malta Archbishop's Curia, approve the composition of the Board for the Foundation for Affordable Housing according to the statute of the organisation. These appointments are valid for a year from the 15th February, 2024.

Chairperson

Mr Ambassador Roberto Buontempo

Members

Ms Rose-Anne Abdilla

Mr Mark Cachia

Dr Yanika Vidal

Dr Frank Psaila

Mr Domenic Sciberras

Declaration by the LANDS AUTHORITY

I hereby declare that the under-mentioned land, which is Government property, is required for a public purpose in accordance with the provisions of the Government Lands Act (Cap. 573) of the Laws of Malta.

Description of the Land

The following land at St Paul's Bay:

A plot of land measuring about 2,293 square metres, bounded on the north and south by Government property and from the west by Triq Emmanuele Pinto or more precise boundaries and is registered on Authority records as part of tenement number J52720.

The abovementioned land in Triq San Pawl in St Paul's Bay, is being terminated in connection with a civic centre project.

The abovementioned land is shown marked with the colour blue on plan P.D.2023_0750, which may be viewed on demand at the Lands Authority, Auberge de Baviere, Valletta.

(Sgd) Dr John Vassallo

Chairperson of the Board of Governors of the Lands Authority

Grant Scheme, for the purchase of new electric kick scooters by individuals

The Ministry for Transport, Infrastructure, and Public Works in conjunction with the Authority for Transport in Malta (Transport Malta) is publishing a financial grant scheme aimed at persons residing in Malta to further promote the uptake of new electric kick scooters, herein after referred to as e-kickscooters.

The grant is deemed to have come into effect as of the 1st March, 2024, and is on a first come first served basis.

The grants for the registration of new e-kickscooters, shall remain into force as follows until the 31st of December, 2024, or until the available budget is exhausted.

THE SCHEME

1. Interpretation

For the purpose of this grant, unless the context otherwise requires:

'applicant' means the person residing in Malta on whose name a new e-kickscooter is registered and who applies for the grant under this scheme;

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

'new e-kickscooter' means an e-kickscooter which has never been registered before in Malta;

'electric kick scooter' or 'e-kickscooter' have the same meaning as is assigned to them in Regulation 2 of the Micromobility Regulations – S.L. 499.67;

'grant' means the grant being given under this scheme to an applicant who satisfies the requirements of section 4;

'Malta' means the Maltese islands;

'person residing in Malta' means a 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 Home Affairs, National Security and Law Enforcement;

'registration' means the registration of the e-kickscooter in accordance with Regulation 3 of the Micromobility Regulation, S.L.499.67;

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

2. Area of applicability

2.1 The scheme for a financial grant for the purchase of new e-kickscooters as defined above, applies to any person residing in Malta.

2.2 The grant amount issued to applicants shall amount to €150 per e-kickscooter.

2.3 Applicants are entitled to receive a maximum of one (1) grant under this scheme.

3. Manner of application and supporting documents

3.1 An application for a grant under this scheme shall be made by the applicant by submitting application form VEH 078 along with any information, details and documents required therein.

3.2 Applications shall be accompanied by a copy of the certificate issued by Transport Malta confirming ownership of the new e-kickscooter;

3.3 Applications under this scheme, together with all the relevant documents, shall be submitted by the applicant during working days between 7.30 a.m. and 1.00 p.m. or mailed to Transport Malta's Driver and Vehicle Licensing Unit (DVLU) at:

a) Level 1, A3 Towers, Triq l-Arkata, Paola PLA 1212;

b) Malta Transport Centre, Pantar Road, Lija LJA 2021; or

c) Licensing and Testing Services Gozo Directorate, Pjazza San Franġisk, Victoria, Gozo.

4. Eligibility

4.1 To be eligible, an applicant shall conform to Section 2.

4.2 To qualify for the grants, the e-kickscooter shall be new and have been registered with Transport Malta on or after the 1st of March, 2024.

5. Payment of Grant

5.1 Where an applicant qualifies for the grant, the grant shall be paid directly to a bank account held solely or jointly by the applicant, or by the spouse of the applicant.

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

5.3 A vehicle is only eligible for one grant.

6. Validity of application

6.1 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. Transport Malta shall write to the applicant, advising him of the information required.
6.2 The Authority shall not be held responsible for any loss of grants or opportunities resulting from the submission of an incomplete or incorrect application.

7. Refunding of grant

7.1 Any new e-kickscooter purchased by the applicant under this grant shall remain registered in the applicant's name for a period of at least thirty-six (36) months from the date of first registration.

7.2 If the registered owner of an e-kickscooter on which a grant has been issued under this scheme transfers the said vehicle to a third party, than the total amount of the grant must be refunded upon transferring the vehicle to Transport Malta.

7.3 The refund mentioned in 7.2 above shall not be required in the following circumstances:

7.3.1 When the transfer mentioned therein is a transfer causa mortis to an heir or to a third party or transfer inter vivos in favour of spouses, ascendants and direct collaterals.

7.3.2 When the transfer involves an e-kickscooter purchased under this grant which is declared to be unrepairable following an accident or for any other reason and is replaced by a new e-kickscooter, in which case the conditions related to this grant shall be transferred to the new e-kickscooter replacing the original one. The three years restriction starts from the date of registration of the original new e-kickscooter.

7.3.3 When the transfer involves an e-kickscooter purchased under this grant which is returned to the original agent or dealer for any reason, and where the agent or dealer accepts to replace the said e-kickscooter with a new e-kickscooter, in which case the conditions related to this grant shall be transferred to the e-kickscooter replacing the original one. The three years restriction starts from the date of registration of the original new e-kickscooter.

7.4 When an e-kickscooter purchased under this grant is returned to the original agent or dealer for any reason, and the agent or dealer does not replace it with a new e-kickscooter but refunds the applicant with all or part of the price paid for the new e-kickscooter, the applicant shall refund part of the grant received for the e-kickscooter vehicle depending on the period elapsed from the purchase of the e-kickscooter and its return to the agent, as listed below:

a) Less than 12 months: 75%;

b) More than 12 months but less than 24 months: 50%;

c) More than 24 months but less than 36 months: 25%.

8. Duration of scheme

8.1 Applications under this scheme shall be accepted until the 31st of December, 2024, or until the exhaustion of budgeted funds, unless modified or terminated beforehand by a Notice in the Government Gazette. Notwithstanding, Government may terminate or extend the scheme at any time by giving prior notice.

8.2 Applications received within the deadline stipulated in 8.1 may be processed, approved and paid out after the set deadlines.

8.3 The budgeted funds for this scheme amount to one hundred thousand euro (€100,000).

8.4 The scheme may be renewed as deemed necessary by the Minister for Transport, Infrastructure and Public Works by a Notice in the Government Gazette.

9. Amendments to the scheme

9.1 The Minister responsible for Transport, Infrastructure and Public Works shall have the right to make any amendments to this scheme by a Notice in the Government Gazette.

10. Fraudulent claims

10.1 Where a fraudulent claim arises, the Minister for Transport, Infrastructure and Public Works shall report the matter to the Police for criminal procedures to be instituted.  In the event of an incorrect payment of a claim, the said Minister reserves the right to recover funds paid in error. Applicants are to make sure that the information provided is correct.

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 aPrivate 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.

Notification of Affixation of Notice

It is notified for general information that in terms of Regulation No. 10 of Subsidiary Legislation 573.06, a notice has been affixed on the hereunder indicated sites informing co-tenants recognised in solidum with the submission of the application that has been made by other co-tenants on the same land. Applicant is responsible to ensure that the notice is to remain affixed on site for five (5) working days from the date of affixation.

If the notice is removed by third parties prior to the expiry of such date, the applicant must contact the Lands Authority on (enforcement.la@landsauthority.org.mt), so that the notice is re-affixed on site.

Explanatory Notes¹

In relation to the Online Intermediation Services for Business Users (Enforcement Measures) (Amendment), Regulations, 2024

1. Introduction

This document summarises and gives background information about the Online Intermediation Services for Business Users (Enforcement Measures) (Amendment) Regulations, 2024, hereinafter referred to as “the regulations".

These regulations are being made by the Minister responsible for communications after consultation with the Malta Communications Authority (hereinafter referred to as 'MCA') in accordance with the provisions of article 47 of the Electronic Communications (Regulation) Act (Chapter 399 of the Laws of Malta).

2. Summary and background

These regulations amend the Online Intermediation Services for Business Users (Enforcement Measures) Regulations (hereinafter referred to as “S.L. 399.49"). S.L. 399.49 implements enforcement measures enabling business users, and designated organisations, associations or public bodies to seek redress if there is non-compliance with certain articles of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (hereinafter referred to as “the EU Regulation") by a provider of online intermediation services or a provider of online search engines.

These amendments enhance the current provisions as implemented under S.L. 399.49 to provide for a more comprehensive means of redress for business users, corporate website users, and designated organisations, associations or public bodies if there is non-compliance with any of the applicable provisions of the EU Regulation.

3. Overview of the structure of the instrument

Regulation 1: stipulates the title of the regulations.

Regulation 2: provides for the substitution of certain terms used in S.L. 399.49 for clarification purposes.

Regulation 3: provides for the substitution of the current regulation 4 of S.L. 399.49.

The new regulation 4 of S.L. 399.49 empowers:

a business user to file application before the Civil Court to seek redress for loss or damages and, or to stop the non-compliance by a provider of online intermediation services with any of the provisions of Articles 3 to 12 of the EU Regulation; and

a corporate website user to file an application before the Civil Court to seek redress for loss or damages and, or to stop the non-compliance by a provider of online search engines with any of the provisions of Articles 5 and, or 7 of the EU Regulation.

Regulation 4: provides for the substitution of the current regulation 5 of S.L. 399.49

The new regulation 5 of S.L. 399.49 empowers a designated organisation, association or public body to file an application before the Civil Court for an order to stop or prohibit the non-compliance by a provider of online intermediation services or by a provider of online search engines in relation to non-compliance with any of the provisions of Articles 3 to 12 of the EU Regulation in so far as these are applicable to the provider concerned.

Regulation 5: provides for the addition of a new regulation to S.L. 399.49

The new regulation being added to S.L. 399.49 (i.e. regulation 7) requires any business user, corporate website user or designated organisation, association or public body instituting an action in accordance with the regulations to notify the MCA with a copy of the application initiating the action only for information purposes.

4. Commentary on parts and articles

These regulations are intended to enable business users, corporate website users or designated organisations, associations or public bodies to seek redress before the Civil Court if there is or there is likely to be non-compliance with the provisions provided for under the EU Regulation.

5. Conclusion

The regulations amending S.L. 399.49 come into force as from their date of publication in the Gazette. For any queries in this regard one may contact the Malta Communications Authority on 21336840 or on legal@mca.org.mt.

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

¹These Explanatory Notes are in accordance with and for the purpose of article 3(2)(c) of the Small Business Act (Chapter 512 of the Laws of Malta).

Explanatory Notes¹

1. Introduction

2. Summary and background

Directive 95/60/EC provides for a common marking system to identify gas oils and kerosene, which have been released for consumption exempt from excise duty, or subject to a reduced excise duty rate.

Commission Implementing Decisions (EU) 2017/14 and 2011/544/EU established the product Solvent Yellow 124 as the common fiscal marker for the marking of gas oils and kerosene.

In view of the foregoing and following the identification of certain shortcomings, ACCUTRACE™ PLUS was established as the common fiscal marker instead of Solvent Yellow 124.

The marking level has been set at a harmonised range to facilitate implementation and control of compliance across the Union.

3. Overview of the structure of the instrument

The instrument consists of one regulation which amends Part D of the Sixth Schedule to the Excise Duty Act (Chapter 382 of the Laws of Malta).

4. Commentary

The amendment consists of amending existing regulation 17 of Part D of the Sixth Schedule to the Excise Duty Act (Chapter 382 of the Laws of Malta) by replacing Solvent Yellow 124 with ACCUTRACE™ PLUS (butoxybenzene) as a fiscal marker.

The amendments stipulate the amount in nanometres of the marker to be added to mineral oils and kerosene respectively and the colour absorbence to be yielded to satisfy the requirements of this regulation and to effectivley enable the guaging of the marker.

5. Concluding Section

These regulations shall come into force on 1st January 2024. The two (2) month period referred to in article 3(2)(b) of the Small Business Act shall not apply since the said regulations fall under regulation 2(c) of the Small Business Act (Exemptions) Regulations (S.L. 512.01).

In case of queries, the general public is encouraged to contact the Corporation on (info@maltaenterprise.com).

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

¹These Explanatory Notes are in accordance with and for the purpose of article 3(2)(c) of the Small Business Act (Chapter 512 of the Laws of Malta).

Explanatory Notes¹

1. Introduction

2. Summary and background

The aim of these regulations is to address skill shortages by supporting training and re skilling of existing and new employees. The aim is to support knowledge transfer, and the acquisition of new competences in line with the knowledge and skill requirements of industry. This incentive shall support undertakings to carry out programmes to upgrade skill capabilities, in order to address any gaps between the skills available and knowledge requirements.

3. Overview of the structure of the instrument

The regulations are made up of seven (7) regulations and consist of the following:

Regulation 1: Citation and commencement.

Regulation 2: Interpretation.

Regulation 3: Aid for the development of training programs.

Regulation 4: Maximum aid.

Regulation 5: Utilisation of tax credits.

Regulation 6: Deadline for submission of applications for aid.

Regulation 7: Transitory provision.

4. Commentary on regulations

Regulation 1 provides the title of these regulations and commencement date.

Regulation 2 provides the definitions of the terms used throughout the regulations.

Regulation 3 explains the aid provided to the undertaking to carry out the training program and the form of aid granted.

Regulation 4 gives an indication on the maximum of aid and the qualifying percentage in accordance with the size of the undertaking.

Regulation 5 provides the details on the utilisation if an undertaking benefits from tax credits.

Regulation 6 provides the deadline for submission of applications for assistance and that no assistance shall be granted by the Corporation after 31st December 2026.

Regulation 7 provides that if a new scheme is issued, the provisions in respect of which the aid was granted shall continue to apply.

5. Concluding Section

These regulations shall be deemed to have come into force on 1st January 2024.

In case of queries, the general public is encouraged to contact the Corporation on (info@maltaenterprise.com)

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

¹These Explanatory Notes are in accordance with and for the purpose of article 3(2)(c) of the Small Business Act (Chapter 512 of the Laws of Malta).

Explanatory Notes¹

1. Introduction

The title of these regulations is Exploring Research Grant Scheme (2024) Regulations, 2024, hereinafter referred to as the “regulations".

The regulations are meant to support businesses in planning better their research and development initiatives.

Furthermore, the scheme will be administered by Malta Enterprise (hereinafter referred to as “the Corporation").

2. Summary and Background

The scheme will enable businesses to review the technical, operations and commercial risks before the implementation of their R&D project. The activities carried out by the business through the support received under this measure should result in a comprehensive feasibility study which may form the basis of an application for support through other measures provided by the Corporation for the carrying out of R&D projects.

3. Overview of the structure of the instrument

These regulations consists of six (6) regulations, as follows:

Regulation 1: Citation and commencement.

Regulation 2: Interpretation.

Regulation 3: Tackles the aid provided to businesses carrying out a feasibility study.

Regulations 4: Gives more clarity on the maximum of aid which may be granted.

Regulation 5: Deadline for submission of applications for assistance.

Regulation 6: Transitory provision.

4. Commentary on parts and articles

Regulation 1 provides that these regulations shall come into force on 1st January, 2024.

Regulation 2 provides the definition of the important terms.

Regulation 3 make reference on when the undertaking requires aid to carry out a feasibility study in preparation of industrial research and experimental development activities.

Regulation 4 provides details on the form of aid and the maximum thresholds to be awarded.

Regulation 5 stipulates the deadline for submission of applications for assistance and that no assistance shall be granted by the Corporation after 31st December 2026.

5. Concluding Section

These regulations shall come into force on 1st January 2024. The two (2) month period referred to in article 3(2)(b) of the Small Business Act (Cap. 512) shall not apply since the said regulations fall under regulation 2(c) of the Small Business Act (Exemptions) Regulations (S.L. 512.01).

In case of queries, the general public is encouraged to contact the Corporation on (info@maltaenterprise.com).

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

¹These Explanatory Notes are in accordance with and for the purpose of article 3(2)(c) of the Small Business Act (Chapter 512 of the Laws of Malta).

Explanatory Notes¹

1. Introduction

The title of regulations is Innovation Aid for Small and Medium Sized Enterprises (SMEs) (2024) Regulations, 2024, hereinafter referred to as the “regulations".

The regulations are meant to support small and medium sized enterprises to improve their innovation performance through access to highly qualified personnel and collaborations with research and knowledge-dissemination organisation. 

Furthermore, the scheme will be administered by Malta Enterprise (hereinafter referred to as the “Corporation").

2. Summary and background

The objective of the scheme is to encourage businesses engage with research and knowledge-dissemination organisations and highly qualified personnel in carrying out innovative projects. The scheme will facilitate access to expertise and the generation of new knowledge thus achieving the scope of accelerating innovation, enhancing business performance and driving competitive advantage.

3. Overview of the structure of the instrument

The legislation consists of seven (7) regulations as follows:

Regulation 1: Citation and commencement.

Regulation 2: Interpretation.

Regulation 3: Assistance to support eligible undertakings.

Regulation 4: Eligible costs.

Regulation 5: Aid intensity.

Regulation 6: Deadline for submission of applications for assistance.

Regulation 7: Transitory provision.

4. Commentary on parts and regulations

Regulation 1 states that these regulations shall be deemed to have come into force on 1st January 2024.

Regulation 2 provides the definition of the important terms.

Regulation 3 is about the assistance given to SMEs to improve their innovative performance and the qualification of a cash grant should the applicant be eligible for funding.

Regulation 4 gives an outline on the eligible costs covered by the scheme.

Regulation 5 refers to the maximum support given per application.

Regulation 6 stipulates the deadline for submission of applications for assistance and that no assistance shall be granted by the Corporation after 31st December 2026.

Regulation 7 states that in the eventuality that a new scheme is issued, the provisions in respect of which the assistance was granted prior to the issuance of the new scheme shall continue to apply thereto.

Concluding Section

These regulations shall be deemed to have come into force on 1st January 2024. The two (2) month period referred to in article 3(2)(b) of the Small Business Act shall not apply since the said regulations fall under regulation 2(c) of the Small Business Act (Exemptions) Regulations (S.L. 512.01)

In case of queries, the general public is encouraged to contact the Corporation on info@maltaenterprise.com

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

¹These Explanatory Notes are in accordance with and for the purpose of article 3(2)(c) of the Small Business Act (Chapter 512 of the Laws of Malta).

Explanatory Notes¹

​1. Introduction

The title of these regulations is Startup Finance Scheme (2024) Regulations, 2024 (hereinafter referred to as the “regulations").

The regulations are meant to support small startup undertakings with a repayable advance that demonstrate a viable business concept and that exhibit commitment to expand and further develop their economic activity.

​Furthermore, the scheme will be administered by Malta Enterprise (hereinafter referred to as “the Corporation").

2. Summary and Background

The objective of the scheme is to provide the necessary support to small start-up undertakings that exhibit a viable business concept and commits itself to establish, expand and further develop their economic activity.

3. Overview of the structure of the instrument

These regulations consist of eight (8) regulations, as follows:

Regulation 1: Citation and commencement.

Regulation 2: Interpretation.

Regulation 3: Aid to small start-ups.

Regulation 4: Aid to eligible undertakings.

Regulation 5: Provides the details on the eligibility criteria.

Regulation 6: Provides details on the form of aid and the thresholds awarded under the scheme.

Regulation 7: Deadline for submission of applications for assistance.

Regulation 8: Transitory disposition.

4. Commentary on parts and articles

Regulation 1 provides that these regulations shall come into force on 1st January, 2024.

Regulation 2 provides the definition of the important terms.

Regulations 3 and 4 refer to the assistance provided when a business is classified as a small startup.

Regulation 5 provides details on the eligibility criteria which the project must meet in order to qualify for assistance.

Regulation 6 outlines the form of aid and the maximum support that may be awarded.

Regulation 7 stipulates the deadline for submission of applications for assistance and that no assistance shall be granted by the Corporation after 31st December 2026.

5. Concluding Section

These regulations shall come into force on 1st January 2024. The two (2) month period referred to in article 3(2)(b) of the Small Business Act shall not apply since the said regulations fall under regulation 2(c) of the Small Business Act (Exemptions) Regulations (S.L. 512.01)

In case of queries, the general public is encouraged to contact the Corporation on info@maltaenterprise.com

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

¹These Explanatory Notes are in accordance with and for the purpose of article 3(2)(c) of the Small Business Act (Chapter 512 of the Laws of Malta).

Explanatory Notes¹

1. Introduction

The title of these regulations is the Invest (2024) Regulations, 2024, hereinafter referred to as the “regulations".

The regulations are meant to facilitate initial investments by encouraging the setting up of new establishments, the extension of the capacity of existing establishments and the diversification of existing of output of an establishment, amongst other activities.

Furthermore, the scheme will be administered by Malta Enterprise (hereinafter referred to as “the Corporation").

2. Summary and Background

The incentive shall be granted to companies in respect of qualifying projects that constitute an initial investment. The support is intended to facilitate access to funding and accelerating the return on investment and may be granted through loan guarantees, interest rate subsidies, cash grants and tax credits (which may be claimed against future income tax bills). The support is aimed at facilitating access to funding and accelerating the return on investment made.

3. Overview of the structure of the instrument

The legislation consists of eight (8) regulations as follows:

Regulation 1: Citation, commencement and applicability.

Regulation 2: Interpretation.

Regulation 3: Eligible projects.

Regulation 4: Form of aid.

Regulation 5: Aid intensity.

Regulation 6: Utilisation of tax credits.

Regulation 7: Deadline for submission of applications for assistance.

Regulation 8: Transitory provision.

4. Commentary on parts and regulations

Regulation 1 states that these regulations shall be deemed to have come into force on 1st January, 2024.

Regulation 2 provides the definition of the important terms.

Regulation 3 is on the support given to an initial investment and outlines the qualifying criteria and benefits provided under the scheme.

Regulation 4 defines the form of aid which can be awarded if an undertaking carries out an eligible initial investment.

Regulation 5 is about the aid intensity which may not exceed the percentage as stipulated in the guidelines.

Regulation 6 provides the details on the utilisation if an undertaking benefits from tax credits.

Regulation 7 stipulates the deadline for submission of applications for assistance and that no assistance shall be granted by the Corporation after 31st December 2026.

Regulation 8 states that in the eventuality that a new scheme is issued, the provisions in respect of which the assistance was granted prior to the issuance of the new scheme shall continue to apply thereto.

5. Concluding Section

These regulations shall be deemed to have come into force on 1st January 2024. The two (2) month period referred to in article 3(2)(b) of the Small Business Act shall not apply since the said regulations fall under regulation 2(c) of the Small Business Act (Exemptions) Regulations (S.L. 512.01)

In case of queries, the general public is encouraged to contact the Corporation on info@maltaenterprise.com

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

¹These Explanatory Notes are in accordance with and for the purpose of article 3(2)(c) of the Small Business Act (Chapter 512 of the Laws of Malta).

Explanatory Notes¹

1. Introduction

The title of these regulations is Research and Development (2024) Regulations, 2024, hereinafter referred to as the “regulations".

The regulation is meant to assist industrial research and experimental development activities required by industry for the acquisition of knowledge leading to the development of innovative products and solutions.

Furthermore, the scheme will be administered by Malta Enterprise (hereinafter referred to as the “Corporation").

2. Summary and Background

The incentive is granted to undertakings carrying out research and development projects, which are classified as industrial research or experimental development as per terms and conditions set out in the guidelines of the Corporation. The objective of such schemes is to assist enterprises create or improve technology that can provide a competitive advantage at the business, industry, or national level. The measure also encourages cooperation between organisations by providing additional assistance for collaborative industrial research or experimental development projects.

3. Overview of the structure of the instrument

The legislation consists of seven (7) regulations as follows:

Regulation 1: Citation and commencement.

Regulation 2: Interpretation.

Regulation 3: Assistance to undertakings to carry out a research activity.

Regulation 4: Aid intensity.

Regulation 5: Utilisation of tax credits.

Regulation 6: Deadline for submission of applications for assistance.

Regulation 7: Transitory provision.

4. Commentary on parts and regulations

Regulation 1 states that these regulations shall be deemed to have come into force on 1st January 2024.

Regulation 2 provides the definition of the important terms.

Regulation 3 is on the assistance granted to eligible undertakings by means of a tax credit or a cash grant as a percentage of the eligible costs.

Regulation 4 is about the aid intensity whereby assistance shall not exceed eighty per cent (80%) of the eligible costs.

Regulation 5 provides the details on the utilisation if an undertaking benefits from tax credits.

Regulation 6 stipulates the deadline for submission of applications for assistance and that no assistance shall be granted by the Corporation after 31st December 2026.

Regulation 7 states that in the eventuality that a new scheme is issued, the provisions in respect of which the assistance was granted prior to the issuance of the new scheme shall continue to apply thereto.

5. Concluding Section

These regulations shall be deemed to have come into force on 1st January 2024. The two (2) month period referred to in article 3(2)(b) of the Small Business Act shall not apply since the said regulations fall under regulation 2(c) of the Small Business Act (Exemptions) Regulations (S.L. 512.01)

In case of queries, the general public is encouraged to contact the Corporation on info@maltaenterprise.com

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

¹These Explanatory Notes are in accordance with and for the purpose of article 3(2)(c) of the Small Business Act (Chapter 512 of the Laws of Malta).

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: