Government Notices published in Government Gazette No. 21,504 of 11th September 2025

Competition Act (Cap. 379)

The Prime Minister, being the Minister responsible for competition matters in accordance with the Competition Act (Cap. 379) declares, on behalf of the Government of Malta, that there is no longer the need for the door-to-door transportation and distribution of liquified petroleum gas cylinders to end consumers to be a service of general economic interest as described in Government Notice No. 228 published in the Malta Government Gazette number 19,394 on the 17th March 2015, and consequently the entrustment referred to in the said declaration has been terminated.

Covid-19 Wage Supplement Scheme and Quarantine Leave Scheme Establishment of Board/s of Appeals

Corrigendum

IT is notified that with reference to Government Notice No. 226 published in the Government Gazette No. 21,009 of 21st February, 2023, and Corregendum with Government Notice No. 255 published in the Government Gazette No. 20,012 of 24th February, 2023, paragraph 1.2 should read as follows:

1.2 The Board/s of Appeals shall be composed of three members appointed by the Minister responsible for enterprise.  One member shall be appointed from current among suitable and competent public officers who shall be serving in salary Scale 5 or higher, and one other member shall be appointed from among suitable and competent former retired public officers who shall both of whom shall be serving or have served at salary Scale 5 or higher above.  One of these latter two members shall be designated Chairperson. The third member shall be a lawyer.

Application of the Proviso to Article 3(2)(B) of the Small Business Act (Exemption) Order

IN exercise of the powers conferred by article 18(1) of the Small Business Act (Cap. 512), the Minister for the Economy, Enterprise and Strategic Projects has made the following order:

The Control of the Sale and Distribution of Tickets and Promotional Material from Public Spaces Regulations, 2025 are hereby exempt from the application of article 3(2)(b) of the Small Business Act for the reason that the measures established in the mentioned legislation are urgently required to provide for enforcement in the sector.

Explanatory Notes

1. Introduction

2. Summary and background

The Regulations for the Control of Promotion and Selling Activities from Public Spaces aim to safeguard the proper use and regulation of public spaces in Malta by regulating the offering, sale, distribution and promotion of tickets and commercial materials from public spaces.

These regulations prohibit unauthorised individuals and entities from promoting, selling or distributing such materials unless they hold a valid permit or licence from a competent authority.

3. Overview of the Structure of the Instrument

These regulations consist of the following:

1. Title and commencement;

2. Scope;

3. Interpretation;

4. Prohibition of certain activities;

5. Removal of unauthorised advertisements;

6. Fines, penalties and additional enforcement provisions;

7. Communication of data by the competent authority;

4. Commentary

Regulation 2 establishes that the scope of these regulations is to regulate the conduct of any person who sells or distributes, or allows the sale and distribution of tickets and promotional material for commercial purposes in order to eliminate unlicensed advertising in spaces which are public or accessible to the public.

Regulation 3 provides for the definitions which are necessary in the context of these regulations, particularly “advertisement" which means any image, word, letter, model, sign, poster, product, device, board, notice, leaflet, brochure or design, representation or communication, notice or direction whether illuminated or otherwise, physical or digital, that has the character of advertising and is used wholly or partially for that purpose, and includes any billboard or similar structure, platform or other medium, used or adapted to display an advertisement, including but not limited to electronic means and these regulations shall be enforced by the “competent authority" which means any section, department, body, agency or authority under the law, that issues a licence or permit in respect of a person or commercial establishment and, or who may enforce the law, including the Police Force, or any contractor duly authorised by the said competent authority in accordance with these regulations. This regulation also provides for the definition of “public space" which means any location to which the public generally has free and unrestricted access or use, including but not limited to public domain urban spaces such as streets and squares, as well as open and recreational spaces.

Regulation 4 prohibits a person from offering, giving, promoting, selling or distributing any product, service, ticket or promotional material from a public space, unless specific conditions are met. These activities are only allowed if they take place from a fixed location or structure that is licensed or permitted for that purpose by a competent authority. There is an exception for authorized events in public spaces provided that the selling, distribution and, or the promotion of material takes place strictly within the timeframes and conditions established in the event's official permits or licences, as authorized by the competent authority. Theatres, museums and cinemas are also excluded from the applicability of these regulations provided that the activity takes places in their own premises.

Regulation 5 provides for enforcement powers to the competent authority including the Police and Local Councils to remove any unauthorised promotional material from public spaces immediately and without prior notice. The material shall be stored and disposed of at the offender's expense, provided that the officers catalogue and draw up an inventory of all removed items, and provide a copy to the person concerned. It establishes that materials may not be returned unless any applicable fines are paid. Authorities are also exempted from liability for any damage which may be caused during their removal.

Regulation 6 empowers authorised officers to issue fines and penalties to any person involved in any unauthorised activity. The law also provides for the recovery of any costs incurred by the authority as a civil debt, meaning that government agencies may recover expenses directly from the offenders.

Regulation 7 permits competent authorities to share personal data and information regarding offenders for enforcement purposes, but only where necessary and under appropriate legal safeguards. The data shall be processed limitedly to what is required for enforcement under these regulations in accordance with the appropriate legal provisions for the protection of data.

5. Concluding Sections

These regulations shall come into force on the 10th September, 2025.

For further information you can contact the Malta Tourism Authority on licencing.mta@visitmalta.com or Tel: 22915000

​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.