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Government Notices published in Govt. Gazette No. 19,097 of the 11th June 2013

01/01/2013

No. 494

THE CONSTITUTION OF MALTA

Delegation of Certain Powers Respecting the Public Service

BY the Honourable Dr Joseph Muscat, K.U.O.M., B.Com, B.A. (Hons), M.A. (European Studies), Ph.D. (Bristol), M.P., Prime Minister

WHEREAS article 110 of the Constitution of Malta provides that power to make appointments to public offices and to remove persons holding or acting in any such offices shall vest in the Prime Minister, acting on the recommendation of the Public Service Commission;

AND WHEREAS it is further provided in the same article that the Prime Minister, acting on the recommendation of the Public Service Commission, may delegate in writing any of the aforementioned powers to such public officer or other authority as may be specified in the Instrument of Delegation;

AND WHEREAS by Instrument of Delegation dated 25th January, 1966, the Prime Minister, acting on the recommendation of the Public Service Commission, delegated certain powers in respect of the Malta Police Force to the Commissioner of Police;

AND WHEREAS by Instrument dated 20th February, 1970, the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to the then Administrative Secretary certain powers respecting appointments in the Public Service on the basis of the results of public examinations conducted by the Board of Local Examinations;

AND WHEREAS by Instruments dated 6th October, 1999, and 11th January, 2005, the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to Permanent Secretaries the power to make engagements on definite contract of Casual Substitutes and to renew their engagement, subject to certain conditions;

AND WHEREAS by Instrument dated 18th January, 2000, the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to the then Permanent Secretary at the Office of the Prime Minister the power to make appointments to posts in Salary Scale 20 in the Public Service, provided that such appointments are made in accordance with paragraph (c) of sub-article (2) of article 110 of the Constitution;

AND WHEREAS by Instrument dated 4th April, 2009, the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to Permanent Secretaries the power to engage/re-engage retired persons/ retired officers up to the age of 65 years on definite contract for not more than 42 months, in areas of acute shortage as decided upon by the Principal Permanent Secretary;

AND WHEREAS by Instrument dated 26th June, 2012, the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to the Permanent Secretary charged with the Ministry responsible for Education the power to make engagements of ‘Adult Educators’, and to renew their engagement;

AND WHEREAS by Instrument dated 3rd May 2013, the Prime Minister, acting on the recommendation of the Public Service Commission, delegated to Permanent Secretaries the power to recruit disabled persons in the Public Service in Salary Scales 16 – 20 (both scales included) directly from the register of disabled unemployed kept by the Employment and Training Corporation (ETC), following a selection process carried out by the recruiting department amongst potential candidates referred to the department by the ETC on the grounds that, in the ETC’s judgement, they may be considered suitable to perform the duties, in essence, of the office to be filled, notwithstanding that such candidates may not necessarily be in possession of the eligibility requisites normally required for that office, and provided that the ability of such candidates to perform the duties, in essence, of that office, is proven through an entry examination or test of competence;

AND WHEREAS the Public Service Commission has recommended that, without prejudice to the aforementioned Instruments of Delegation, power to make any appointments to public offices in Salary Scales 6 to 20 (both scales included), including –

(i) appointments following a call for applications;

(ii) appointments upon a direct request by a Permanent Secretary to the Public Service Commission, provided that such a request is endorsed by the Principal Permanent Secretary and the appointment is considered by the Public Service Commission to be justified in the public interest;

(iii) both indefinite appointments and appointments on the basis of a definite contract;

(iv)promotions following the attainment of a number of years of satisfactory service or the attainment of a particular qualification, where such promotions are provided for in an agreement governing a particular career stream in the Public Service, or in the call for applications under which the public officers in question have been appointed;

(v) the renewal of definite contracts of employment, where such renewal is warranted;

(vi) changes in the employment status of public officers from one on a definite basis to one on an indefinite basis, in accordance with the provisions of the law or of an agreement which is approved by the Public Service Commission;

(vii)the upgrading of the indefinite status of public officers following the attainment of a number of years’ satisfactory service or the attainment of a particular qualification, when such upgrading is provided for a priori in the call for applications under which the public officers in question have been appointed;

(viii) the assimilation of public officers from one grade to another grade in terms of the provisions of an agreement governing a particular career stream in the Public Service;

(ix) changes to the nomenclature or designation of public officers, where such nomenclature or designation derives from an appointment under article 110 of the Constitution;

(x) the re-employment of former public officers, where such re-employment is, in the opinion of the Public Service Commission, justified on grave humanitarian grounds or on grounds of public policy; and

(xi) the re-instatement of public officers who were medically boarded out, in such circumstances and subject to such conditions as the Commission may deem appropriate,should be delegated to the Public Service Commission;

AND WHEREAS the Public Service Commission has recommended that power to postpone appointments in Salary Scales 6 to 20 (both scales included) for more than twelve weeks from the effective date thereof should be delegated to the Public Service Commission, while power to delay appointments for a lesser period should continue to be exercisable by Heads of Department;

AND WHEREAS the Public Service Commission has recommended that power to revoke appointments in Salary Scales 6 to 20 (both scales included) in terms of sub-regulation (2) of regulation 23 of the Public Service Commission Regulations, or any like provision of any regulations which may supersede the said Regulations, should be delegated to the Public Service Commission;

AND WHEREAS the Public Service Commission has recommended that power to withhold the progression of public officers in Salary Scales 6 to 20 (both scales included)to a higher salary scale within the same grade, where justified on account of poor performance, misconduct or other reasons, should be delegated to the Public Service Commission, and that such delegation should not cover the withholding of progression to Scale 5;

AND WHEREAS the Public Service Commission has recommended that it should be empowered to make, postpone or revoke appointments or to withhold progressions under this Instrument of Delegation without the requirement to submit recommendations thereon, as is permitted by paragraph (b) of subarticle (2) of article 110 of the Constitution;

AND WHEREAS the Public Service Commission has recommended that the aforesaid powers to make, postpone and revoke appointments and to withhold progressions should be exercisable subject to the following conditions:

(i) subject to any arrangements made by the Commission under regulation 4 of the PSC Regulations, or any like provision of any regulations which may supersede the said Regulations, the decision of the Commission to make, postpone or revoke an appointment or to withhold a public officer’s progression, as recorded in the minutes of the Commission, shall constitute the authority for the said action;

(ii) the said appointment, postponement, revocation, or withholding of progression shall take effect as from the date on which it is communicated by the Executive Secretary, or an officer authorised to act on his behalf, to the Permanent Secretary of the relevant ministry, unless the Commission specifies a different date in its decision;

(iii) on being informed of the Commission’s decision to make, postpone or revoke an appointment or to withhold a public officer’s progression, the Permanent Secretary shall take action forthwith to effect that decision, unless he or the Principal Permanent Secretary submits a request for reconsideration in accordance with paragraph (iv) hereunder;

(iv) within one calendar month from the date on which he is informed of the Commission’s decision to make, postpone or revoke an appointment or to withhold a public officer’s progression, the Permanent Secretary of the relevant ministry, or the Principal Permanent Secretary, may request the Commission to reconsider its decision; and in such a case the Commission’s decision shall not be effective unless it is confirmed by the Commission, and the effective date shall be the date when the Permanent Secretary is informed that the decision has been so confirmed, unless the decision as confirmed specifies a different date;

(v) the Principal Permanent Secretary may act under the preceding paragraph with respect to any action taken by the Commission under this Instrument of Delegation, and he shall in addition assume the functions of Permanent Secretary under this Instrument with respect to appointments to general service grades and other offices which are filled through calls for applications issued under his authority; the postponement or revocation of such appointments; the withholding of the progression of public officers in general service grades and other offices as aforesaid; and the re-employment or re-instatement of former public officers, regardless of their former grade or office, within salary scales 6 to 20 (both scales included);

(vi) the Commission may at any time recommend to the Prime Minister that this Instrument of Delegation be withdrawn, and this Instrument shall be suspended upon such a recommendation being made, until the Prime Minister acts thereon;

(vii) this Instrument shall also be suspended if the Prime Minister so directs and if such decision is communicated to the Commission, whereupon the Commission shall consider whether or not to recommend the withdrawal of this Instrument, but the Instrument shall remain suspended until such time as it is withdrawn, subject to paragraph (viii) below;

(viii) the Instrument shall resume effect if the Commission retracts its recommendation for the withdrawal of the Instrument, or if the Prime Minister rescinds his direction for its suspension, or both, as applicable;

AND WHEREAS I agree with the said recommendation:

NOW, THEREFORE, I, JOSEPH MUSCAT, K.U.O.M., B.COM, B.A. (HONS), M.A. (EUROPEAN STUDIES), Ph.D. (BRISTOL), M.P., Prime Minister, in exercise of the powers conferred by article 110 of the Constitution, do hereby direct that as from the date hereof, powers to make, to postpone and to revoke appointments to public offices in Salary Scales 6 to 20, both scales included, and power to withhold the progression of public officers in the same salary scales from one scale to the next within the same grade, be delegated to the Public Service Commission in accordance with and subject to the foregoing provisions of this Instrument, as recommended by the Commission.

THIS INSTRUMENT of delegation shall be in addition and without prejudice to other Instruments of Delegation which have been issued in terms of article 110 of the Constitution.

(Sgd) Joseph Muscat

Given under my hand at the

Auberge de Castille, Valletta,

this 28th day of May, 2013

No. 495

SOCIAL SECURITY ACT (CAP. 318)

Appointment of Additional Member on the Medical Panel

IN exercise of the powers vested in her by article 106 of the Social Security Act, the Minister for the Family and Social Solidarity is pleased to appoint Dr Peter Muscat, M.D., M.Sc. to be a member on the Panel of Medical Practitioners for the purposes of the said Act.

This appointment shall remain valid up to the 31st December, 2013.

11 June 2013

No. 496

MALTA INDUSTRIAL PARKS LTD

IT is notified that the Minister for Economy, Investment and Small Business has appointed the board of the Malta Industrial Parks Ltd up to 31st May, 2015, as follows -

Chairman

Mr Tony Zahra

Membri

Dr Michael Vella Haber

Mrs Anita Mangion

Mr Jeremy Dallia

10 June 2013

No. 497

MALTA ENTERPRISE CORPORATION

IT is notified that the Minister for Economy, Investment and Small Business has appointed the board of the Malta Enterprise Corporation up to 31st May, 2015, as follows -

Chairman

Dr Mario Vella

Deputy Chairman

Mr William Wait

Members

Mr Anton Borg

Mr Michael Grech

Mr Peter Borg

Mr David Marinelli

Mr Victor Carachi

Mrs Marlene Seychell

Mr Paul Abela

Mr David G Curmi

06 June 2013

No. 498

NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT (CAP. 55)

WITH reference to Government Notice No. 53 published in the Government Gazette of the 18th January, 2013, it is hereby notified that Notary Josianne Mifsud was erroneously indicated as Josianne Cini.

11 June 2013

No. 499

APPOINTMENT OF ACTING DIRECTOR (EXAMINATIONS)

THE Prime Minister has approved the following acting appointment:

NAMEPOSTDEPARTMENTDATE

Mr George BorgDirectorExaminationsFrom 8.04.2013

11 June 2013

No. 500

PUBLIC GARDENS (Closing) ORDINANCE (CAP. 34)

Lower Barrakka Gardens

It is notified for general information that as enabled by Article 2 of the Public Gardens (Closing) Ordinance the Ministry for Sustainability Development, the Environment and Climate Change has approved that on Friday, 14th June 2013,from 4.00 p.m. onwards, the Lower Barrakka Gardens will be closed to the public and will be under the control of Island Caterers Ltd.

11 June 2013

No. 501

CONDOMINIUM ACT (CAP. 398)

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

Condominium NumberAddress of CondominiumRemarksDate of Registration

88252, ‘Summerville’,Registration of30/5/2013

Triq Toni Bajada,Rules

San Pawl il-Baħar.

Dr Keith Francis German, LL.D.

Land Registrar

11 June 2013

No. 502

MALTA ENVIRONMENT AND PLANNING AUTHORITY

Notification of Exemption of Environmental Planning Statement

In conformity with Regulation 3(8) of the Environmental Impact Assessment Regulations (Legal Notice 114 of 2007), and in view of the fact that MEPA has determined that the proposal is unlikely to have significant environmental impacts, the Director of Environment Protection agrees that the proposal does not require the preparation of an Environmental Planning Statement (EPS).

The Project Description Statement (PDS) presented as part of the application has considered the environmental issues in a sufficient manner such that the preparation of an EPS would not add any new information and MEPA has all the necessary information to determine the application. From the information presented in the PDS and screening according to Schedule IB of the same Regulations, the proposal is not likely to have significant environmental effects.

A detailed justification is presented below:

Reference Number:PA 03809/10

Location:Sit at Triq tax-Xagħri,

Alley off,

Kerċem, Gozo

Proposal:Construct mushroom farm

and mushroom cultivation units,

storage and ancillary facilities at ground and basement

levels.

The following potential environmental impacts were identified and mitigation measures proposed in the Project Description Statement (PDS) submitted to MEPA on the 27th January 2012, and updated 5th April 2013 and the justification for proposal from carrying out an Environmental Impact Assessment (EIA) submitted on 17th May, 2013.

Potential ImpactsRemarks on mitigation measures, etc.

Waste generationThe project will generate waste during both construction and operation. Inert waste generated during the construction phase is not considered to be significant. Soil shall be managed and reused in accordance with standard conditions. Waste management and mitigation measures during operation should be managed through an operational permit.

Spent Mushroom Substrate will be immediately removed from the farm following mushroom harvesting and transported to a nearby livestock farm into a sizeable manure clamp (already existent). It will be later spread over surrounding agricultural land. A reduction in packaging waste is expected in view that mushroom farm compost/substrate is currently imported, whereas the proposal is expected to produce its own compost to be used for the mushroom farm, using straw, chicken manure and gypsum. Liquid wastes will be collected into a cesspit and leachate will be reused in the substrate preparation process.

Impact on air quality,Noise, vibrations and impacts on air quality during the

Odour, noise and construction phase are are likely to be minimal and of a

vibration temporary nature.

Standard mitigation measures during construction should be enforced in accordance with the Environmental Management Construction Site Regulations (Legal Notice 295 of 2007).

During operation, noise and vibrations are not expected to be substantial. Any impacts can be mitigated through measures as part an environmental registration. Odour (from ammonia) from composting is dependent on mitigation measures adopted. Ammonia levels can be treated through the use of water to dissolve ammonia which will then be re-circulated in the composting process by using it as a raw material in the substrate pre-wetting stage. Such process will also sufficiently mitigate any potential odour impact.

The proposal is located in an area already characterised by intensive animal husbandry farms, and considering the moderate distance from the nearest established settlement, any incremental impacts relative to the baseline (noise, vibration, odour and light) are unlikely to induce substantial bad-neighbourliness and associated social changes. Furthermore, potential impacts can be significantly reduced through standard farm operational practices in accordance with the set Guidelines (e.g. Code of Good Agricultural Practice) together with other standard operational procedures.

Water qualityThe site in question falls within an aquifer protection zone.The project will increase the risk of contamination of water through the potential release of contaminated substances or waters into the surrounding environment during both the construction phase and the operation phase. Waste management, effluent discharges, other emissions, storage of materials (particularly liquids) etc. can be addressed through the operational permit, Mitigation measures are required to reduce water contamination as much as possible.

Light pollution During night-time, lighting is envisaged. Nevertheless, light emissions may be reduced through the use of down-lighters, or by minimisation of lighting.

Notwithstanding the above, the Malta Environmental and Planning Authority reserves the right to request the applicant to submit additional information as may be necessary to determine the application.

11 June 2013

No. 503

NOTICE IN TERMS OF THE PRIVATE GUARDS AND LOCAL WARDENS ACT, 1996 (ACT nO. XIII OF 1996)

THE Commissioner of Police, in terms of article 7 and 8 of the Private Guards and Local Wardens Act, 1996, hereby notifies that the following applications as mentioned hereunder have been received:

Application for licence of a Private Guard

Flavio Montanelli33402 (L)125, Triq ir-Ratal, Ibraġ, Swieqi.

Angele Cassar219967 (M)Blokk 2, New Brighton, Flat 5, Triq San Albert,

Gżira.

Krystle Gaffarena99984 (M)“Durell”, Flat 2B, Triq Barnaba, San Pawl il-Baħar.

Vincent Cachia454972 (M)“Marvin”, Sqaq Bursett, Żabbar.

Josephine Mazzonello470165 (M)5, “Casa Mazzonello”, Triq L-Erbatax ta’

Diċembru 1945, Fgura.

Jesmond Grixti53571 (M)“Il-Gardjola”, Triq Ġdida Fi Triq Ħal Mula,

Żebbuġ.

Bjorn Grima193594 (M)1, Triq id-Dejqa, Sqaq Numru 2, Lija.

Michael Debono13863 (M)Flat 5, Bin ital-Gvern, BlokkS, Ħamrun.

Noel Mizzi1476 (G)145B, Triq Patri Ġużeppi Portelli, Qala, Għawdex.

Darren Emanuel Fenech50283 (M)20, Flat 2, Triq l-Ixprunara, Marsaxlokk.

Jason Agius192871 (M)11, Triq Santa Katerina, Isla.

Elijah Owolabi AdisanyaMT 223975727, “The Dove”, Triq Clarence, Pietà.

Lawrence Vella391073 (M)46, “Belveder”, Flat 1, Triq il-Qadi, Żejtun.

Philip Zammit374885 (M)Flat 3, Triq Nerik Sant, Blokk C3, Żebbuġ.

Mario Sammut471454 (M)26, “Tanamera”, Triq ir-Rebbiegħa, Mosta.

Antonia Portelli694962 (M)33, “Shatz”, Triq il-Mitħna, Gudja.

Angelo Agius127957 (M)23, “Angel Eyes”, Triq l-Imsiebaħ, Mosta.

John Galea532358 (M)66, “Paradise”, Triq il-Parroċċa, Naxxar.

Christopher Agius122275 (M)12, Room 2, Triq Santa Liena, Birkirkara.

Carmel Bonnici742255 (M)44, Triq Sir Philip Pullicino, Mtarfa.

Maria Theresa Zarb135062 (M)9, Sqaq L-Imrieħel, Birkirkara.

Cedric Borg236676 (M)158, Flat 8, Triq il-Wied tal-Imsida, Bini tal-Gvern, Imsida.

Victor Spiteri449085 (M)36, Triq Viani, Sliema.

Francis Caruana330468 (M)Misraħ il-Fliegu, Blokk J, Flat 2, Triq Malta,

Għajnsielem, Għawdex.

Richard Vella108573 (M)“Kar-Ric”, Triq San Ġużepp, Mellieħa.

Anthony Cutajar484452 (M)“Antoinette”, Triq Garcin, Msida.

Gorg Josef Zahra15780 (G)“Zahra”, Triq iż-Zirzieb, Xlendi, Munxar,

Għawdex.

Joseph James228651 (M)“Joephyll”, Triq Ġużeppi Montebello, Tarxien.

Anthony Tabone163362 (M)1, Triq Fra Giuseppi Zammit, Pembroke.

Victor Micallef408061 (M)36, “Maria Bambina”, Sqaq l-Isptar, Imqabba.

Giuda Taddeo k/a Madeo Attard397963 (M)24, Flat 6, Triq il-Gdida, Bini tal-

Gvern, Blokk B, Luqa.

Valentino Boccato81222 (A)59, “Charlotte”, Triq Ignazio Saverio Mifsud,

Birkirkara.

Aurelio Galea115152 (M)10, “Qalb ta’ Ġesu`”, Triq Erminia Cilia Abela,

Żabbar.

Raymond Cassar660160 (M)48, “Misty Blue”, Triq l-Imsaġar, Attard.

Charles Grima69973 (M)7, Misrah il-Qalbiena Maltin, Żabbar.

Carmel k/a Charles Cuschieri816256 (M)64, Triq Mario De Vasi, Mellieħa.

Franky Cini10681 (G)“Redempter”, Triq Ta’ Zaqi, Żebbuġ, Għawdex.

Susan Vella266383 (M)68, Triq Dun Amabile Sisner, Pembroke.

Rosanne Schembri135893 (M)Flat 2, Triq in-Newl, Blokk B4, Żebbuġ.

Maria Rosaria k/a756360 (M)271, “Diamond”, Triq L-Orsolini, Gwardamanga,

Rosette Brincat Pietà.

Francis Buttigieg520857 (M)73, “St. Mary”, Triq Bernardette, San Ġwann.

Maria Magdalena Dumitran49792 (A)“Velanc”, Triq Ta’ Ciantar, Żurrieq.

Wayne Scerri361392 (M)11, “Blue Skies Mansions”, Flat 5, Triq il

Ferrovija, Attard.

Reno Scerri138784 (M)11, “Blue Skies Mansions”, Flat 5, Triq il-Ferrovija,

Attard.

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 article 10 of the Private Guards and Local Wardens Act, 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 forcesor 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

11 June 2013

No. 504

Ministry for Finance

Government Grant on the Purchase of Environment-friendly Vehicles

On the initiative of the Ministry for Finance, Government will be launching a grant scheme in conjunction with Transport Malta to incentivise the purchase of new and more environmentally friendly motor vehicles and at the same time reduce the number of old motor vehicles from the road.

Subject to various conditions, the grant will amount to €500 which shall be given upon the purchase of a new motor vehicle (M1 or N1 category as applicable) that qualifies for the grant scheme whilst at the same time de-registering a vehicle in the same category.

The duration of the scheme shall extend until 31st December, 2013 and shall apply for a maximum of 1,000 vehicles on a first come first serve basis.

THE SCHEME

1. Interpretation

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

‘applicant’ means

(a) the person 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, or;

(b) the person or undertaking applying for the grant under this scheme who is the purchaser of a new N1 vehicle as defined hereunder. That person or undertaking shall be residing or established in Malta, as the case may be.

‘application’ means the application made for a grant under this scheme;

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

‘seller’ means an agent or dealer as defined under this scheme;

’certificate of conformity’ means a certificate of conformity issued by a manufacturer of a motor vehicle under any provision of the law of a Member State transposing Directive 2007/46/EC as amended;

‘vehicle registration certificate’ means the vehicle registration certificate issued by the Authority providing proof of registration of the motor vehicle;

‘CO₂emissions’ 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;

‘authorised treatment facility’ has the same meaning as assigned to it in the Registration and Licensing of Motor Vehicles Regulations (SL368.02);

‘grant’ means the grant being given under this scheme to the purchaser of a motor vehicle which satisfies the requirements of paragraph 4 (ii);

‘undertaking’ means, for the purpose of this scheme, a registered company, partnership, sole trader, or a cooperative society which:

which employs less than 10 persons;

which has an annual turnover and/or annual balance sheet value which does not exceed €2 million;

which is not part of any other organisation or group of companies; and

of which its directors, partners or shareholders do not own or have any controlling interest in any other undertaking;

‘Malta’ means the islands of Malta;

‘Minister’ means the Minister for Finance;

‘dealer’ or ‘agent’ means a person or entity authorised to import, sell or buy motor vehicles;

‘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;

‘registered owner’ means the person or undertaking in whose name a motor vehicle is registered by the Authority;

‘Member State’ means a Member State of the European Union;

‘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);

‘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;

‘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;

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

‘new motor vehicle’ means an M1 vehicle or an N1 vehicle which has never been registered in any country;

‘used motor vehicle’ means a motor vehicle that has been registered;

‘de-registered vehicle’ means a motor vehicle which has been de-registered;

‘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 150g/km and has a length that does not exceed 4460mm as certified on the certificate of conformity, and is licensed for private use only;

‘N1 vehicle’ means a new motor vehicle used for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes;

‘purchaser’ means the person or undertaking 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;

2. Area of applicability

2.1 The scheme for a grant of €500 for the purchase of an M1 vehicle applies to a person residing in Malta who:

(i) owns an M1 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 prior to the 28th November 2012;

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

(ii) did not have any motor vehicle (M1 or N1 category) registered, garaged or licensed in his name with the Authority on the 28th November 2012, but who has acquired and has registered, garaged or licensed in his name with the Authority an M1 vehicle which is at least 10 years old from year of manufacture after that date, provided that it is de-registered at the time of the registration of the new M1 vehicle

2.2. The scheme for a grant of €500 for the purchase of an N1 vehicle applies to a person residing in Malta or an undertaking established in Malta which:

(i) owns an 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 prior to the 28th November, 2012;

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

(ii) did not have any motor vehicle (M1 or N1 category) registered, garaged or licensed in his name with the Authority on the 28th November, 2012, but who has acquired and has registered and licensed in his name with the Authority an N1 vehicle which is at least 10 years old from year of manufacture after that date, provided that it is de-registered at the time of the registration of the new N1 vehicle.

Every eligible person or undertaking shall be entitled to only one grant under this scheme, whether it is under item 2.1. or under item 2.2.

3. Manner of application and supporting documents

(i) An application for a grant under this scheme shall be made by the purchaser following the issue of an invoiceby the agent/dealer to 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) Applications shall be accompanied by the following documents:

(a) the original Invoice issued by the agent/dealer to the purchaser, detailing the full name and identity number of the purchaser, together with the chassis number;

(b) copy of the Certificate of Conformity, detailing the chassis number, CO₂emissions, length and Euro standard of the vehicle(where available) ;

(c) copy of a legally valid identification document of the applicant or a residence permit or letter issued by the expatriate office;

(d) in the case of an undertaking registering an N1 vehicle, the signed declaration form as required by Section 8 of this scheme;

(e) a temporary destruction certificateissued by the approved destruction facilitycertifying that the vehicle has been destructedin the approved destruction facility.

(iii) Applications under this scheme, together with all the relevant documents, shall be submitted/sent by the agent or dealer on behalf of the applicant to the Driver and Vehicle Licensing Unit, Hornworks Ditch, Floriana, Hall C, between 7.30 a.m. and noon during working days, together with all other relevant documents required for the registration of the vehicle.

4. Eligibility

(i) To be eligible, an applicant shall conform to either sub-section 2.1 or sub-section 2.2. ofSection 2.

(ii) To qualify, a new motor vehicle shall:

(a) be Euro 5b or 6b as certified on the Certificate of Conformity;

(b) have CO₂emissions which do not exceed 150 g/km as certified on the Certificate of Conformity (applicable for M1 vehicles only);

(c) have a length that does not exceed 4,460mm as certified on the Certificate of Conformity (applicable for M1 vehicles only);

(d) not have been registered before the 1st January, 2013;

(e) be licensed for private use only in the case of an M1 vehicle;

(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 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;

(d) 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 in 2010, 2011 and2012, namely those published in the Government Gazette of the 12th November, 2010 and of the 1st December, 2011

(v) Persons who have registered a new M1 or N1 vehicle which satisfies the provisions ofSection 4(ii) after the 1st January 2013 but before the publication of this notice in the Government Gazette, shall also be eligible for this scheme provided that the vehicle to be de-registered which satisfies Section 2 and Section 4, is de-registered within 30 calendar days from the publication of this Notice in the Government Gazette, and provided that it meets all other requirements of this scheme. In such cases, a grant equal to€500 will be issued to the registered owner of the new vehicle.

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

5. Payment of Grant

Where an applicant qualifies for the grant, the grant shall be deducted by Transport Malta from the total amount of registration tax due on that particular vehicle being registered in the name of the purchaser. The registration tax will then be topped up with the equivalent amount by means of a transfer.

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 and advising him of the information required.

7. Refund of grant if the vehicle is transferred

The new motor 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. 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 net grant received to the Authority.

8.Applicable State Aid Rules and Obligations

8.1 Where the applicant is an undertaking, this Scheme is being implemented in line with Commission Regulation (EC) No 1998/2006 of 15th December, 2006 on the application of Articles 87 and 88 of the Treaty to de minimis aid, Official Journal L379 of 28th December, 2006, as may be subsequently amended (link below).

http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:379:0005:0010:en:PDF

Under this regulation an undertaking may receive an aggregate maximum amount of €200,000 under all de minimis aid measures over a period of three consecutive fiscal years. This aggregate maximum threshold applies in principle to all economic sectors with the exception of the road transport sector for which a lower threshold of €100,000 over a period of three consecutive fiscal years applies. The term ‘undertaking’ includes also all companies in a group (which fall under the direct or indirect ownership or control of the same ultimate parent company) and relevant partner and linked enterprises as defined in Annex I of Commission Regulation (EC) No. 800/2008.

This period covers the fiscal year concerned as well as the previous two fiscal years. ‘Fiscal year’ means the fiscal year as used for tax purposes by the undertaking concerned.

This maximum threshold would include all State aid granted under this scheme and any other de minimis aid measure implemented under the de minimis rule by any entity. Any de minimis aid received in excess of the established threshold will have to be recovered, with interest, from the undertaking receiving the aid.

The de minimis declaration form attached to this Scheme must be filled in by the undertaking and submitted together with the application form.

8.2 This Scheme is governed by the de minimis regulations and therefore the incentive will not apply to the following:

a) Aid granted to undertakings active in the fishery and aquaculture sectors as covered by Council Regulation (EC) No. 104/2000;

b) Aid granted to undertakings active in the primary production of agricultural products as listed in Annex 1 to the Treaty;

c) Aid granted to undertakings active in the processing and marketing of agricultural products as listed in Annex 1 to the Treaty, in the following cases:

i. when the amount of the aid is fixed on the basis of the price or quantity of such products purchased from primary producers or put on the market by the undertakings concerned;

ii. when the aid is conditional on being partly or entirely passed on to primary producers;

d. Aid to export-related activities towards third countries or Member States, namely aid directly linked to the quantities exported, to the establishment and operation of a distribution network or to other current expenditure linked to the export activity;

e. Aid contingent upon the use of domestic over imported goods;

f. Aid for the acquisition of road freight transport vehicles granted to undertakings performing road freight transport for hire or reward.

8.3 Undertakings in difficulty granted aid in terms of Community Guidelines on State aid for rescuing and restructuring firms in difficulty, Official Journal C244, 01.10.2004, are excluded from benefiting from assistance under this incentive.

8.4 Aid granted under this incentive may only be cumulated with other aid under any other incentive, or with other Community funding, in relation to the same item of expenditure as long as such accumulation does not exceed the gross aid intensity fixed for this scheme.

8.5 Beneficiaries shall be required to retain all records pertaining to the aid granted under this incentive for a period of not less than 10 years from the date when aid is granted.

In terms of the de minimis regulation quoted above, assistance shall not be cumulated with State Aid in respect of the same eligible costs if such accumulation would result in an aid intensity exceeding that fixed in the specific circumstances of each case by a block exemption regulation or decision adopted by the European Commission.

9. Duration of scheme

This scheme shall remain in force for a maximum period of twelve months beginning on the 1st January, 2013 unless modified or terminated beforehand by a Notice in the Government Gazette. The scheme shall be automatically terminated when 1,000 eligible applicants have benefited from this grant scheme. Notwithstanding, Government may terminate the scheme at any time by giving prior notice in the Government Gazette.

The scheme may be renewed as deemed necessary by the Minister by a Notice in the Government Gazette.

10. Amendments to the scheme

The Minister for Finance 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 Ministry for Finance may institute criminal proceedings against those responsible. In the event of an incorrect payment of a claim, the Ministry for Finance reserves the right to recover funds paid in error.

12. 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.

Schedule

See application form on page 7843 of online version of Government Gazette.

See de minimis declaration form on page 7849 of online version of Government Gazette.

11 June 2013

No. 505

GOLDSMITHS AND SILVERSMITHS ACT (CAP. 46)

THE Commissioner of Inland Revenue notifies that on the date shown hereunder, the price of gold and silver on which valuations made by the Consuls for Goldsmiths and Silversmiths are based has been fixed for the purposes of article 14 of the said Act as follows:–

DatePure GoldPure Silver

GramsGrams

11. 06. 13€34.607 €0.582

11 June 2013