Government Notices published in Govt. Gazette No. 20,106 of 18th December 2018

IT is notified for general information that the Hon. Joseph Muscat, KUOM, BCom, BA (Hons), MA (European Studies), PhD (Bristol), MP, resumed duties as Prime Minister on Friday 14th December, 2018, and that the arrangements made by Government Notice No. 1467 of the 11th December, 2018, ceased to have effect accordingly.

IT is notified for general information that, acting on the advice of the Prime Minister, the President of Malta has directed that Hon. Chris Fearne, MD, FRCS(Ed), MP, Deputy Prime Minister and Minister for Health, assumes the additional duties of the Prime Minister, on Monday, 17th December, 2018, during the absence from Malta of the Hon. Joseph Muscat, KUOM, BCom, BA (Hons), MA (European Studies), PhD (Bristol), MP.

IT is notified for general information, that in exercise of the powers conferred by the Restorative Justice Act (Cap. 516), the Prime Minister has appointed, on the recommendation of the Minister for Home Affairs and National Security, Dr Marta Sant, B.Psy (Hons), PsychD, Psychotherapeutic & Counselling Psychology (Surrey) as a Member on the Parole Board, in lieu of Dr Alex Sciberras, LL.D.

This appointment will remain valid until the 24th September, 2022.

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

Act No. XLI of 2018 entitled the Gaming (Amendment) Act, 2018;

Act No. XLII of 2018 entitled the Criminal Laws (Terrorism) (Amendment) Act, 2018; and

Act No. XLIII of 2018 entitled the Various Laws (Relocation of Offices and Notification by Electronic Means) (Amendment) Act, 2018.

IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 20,102 of the 11th December, 2018, No. 20,103 of the 12th December, 2018, and No. 20,105 of the 14th December, 2018, respectively.

L.N. 411 of 2018: Income Tax Act (Cap. 123); European Union Anti-Tax Avoidance Directives Implementation Regulations, 2018.

L.N. 412 of 2018: Duty on Documents and Transfers Act (Cap. 364); Duty on Donations of Marketable Securities and Immovable Property Used for Business (Exemption) (Amendment No. 3) Order, 2018.

L.N. 413 of 2018: Duty on Documents and Transfers Act (Cap. 364); Duty on Transfers (Exemption No. 2) (Amendment) Order, 2018.

L.N. 414 of 2018: Duty on Documents and Transfers Act (Cap. 364); Duty on the Acquisition of the Second Immovable Property to be Used as Sole Residence (Exemption) (Amendment No. 2) Order, 2018.

L.N. 415 of 2018: Duty on Documents and Transfers Act (Cap. 364); Exemption of Duty in Terms of Article 23 (Amendment No. 2) Order, 2018.

L.N. 416 of 2018: Malta Communications Authority Act (Cap. 418); Amendment of the Second Schedule to the Malta Communications Authority Act Order, 2018.

L.N. 417 of 2018: Malta Financial Services Authority Act (Cap. 330); Financial Markets Act (Cap. 345); Investment Services Act (Cap. 370); Banking Act (Cap. 371); Markets in Financial Instruments (Amendment) Regulations, 2018.

L.N. 418 of 2018: Gaming Act (Cap. 583); Gaming Act (Fourth Schedule) (Amendment) Regulations, 2018.

L.N. 419 of 2018: Fees Ordinance (Cap. 35); Fees leviable by Government Departments (Amendment No. 3) Regulations, 2018.

L.N. 420 of 2018: Electronic Communications (Regulation) Act (Cap. 399); General Authorisations (Radiocommunications Apparatus) (Amendment) Regulations, 2018.

L.N.  421 of 2018: Education Act (Cap. 327) Bye-Laws of 2018 in terms of the General Regulations for University Postgraduate Awards, 2008 for the Postgraduate Certificate in Teaching Maltese as a Foreign Language – P.G. Cert. – under the auspices of the Faculty of Education.

L.N. 422 of 2018: Education Act (Cap. 327) Bye-Laws of 2018 to amend the Bye-Laws of 2014 in terms of the General Regulations for University Postgraduate Awards, 2008 for the Degree of Master of Advocacy – M.Adv. – and the Degree of Master of Notarial Studies – M.Not.St. – under the auspices of the Faculty of Laws.

L.N. 423 of 2018: Education Act (Cap. 327): Bye-Laws of 2018 to amend the Bye-Laws of 2013 in terms of the General Regulations for University Undergraduate Awards, 2004 for the Degree of Bachelor of Fine Arts (Honours) – BFA (Hons) – in Digital Arts under the auspices of the Faculty of Media and Knowledge Sciences.

L.N. 424 of 2018: Education Act (Cap. 327): Bye-Laws of 2018 in terms of the Doctor of Philosophy –  Ph.D. – Degree Regulations, 2008 for the Degree of Doctor of Philosophy – Ph.D. – under the auspices of the Centre for Environmental Education and Research.

L.N. 425 of 2018: Education Act (Cap. 327); Doctor of Medicine and Surgery – M.D. – Degree Course (Amendment)Regulations, 2018

L.N. 426 of 2018: Education Act (Cap. 327); Regulations of 2018 to amend the Regulations of 2014 for the Selection of Applicants for Admission to the Master of Dental Surgery – M.D.S. – Degree Course

L.N. 427 of 2018: Arts Council Malta Act (Cap. 542); Valletta Cultural Agency (Establishment) Order, 2018.

L.N. 428 of 2018: Product Safety Act (Cap. 427); Conformity Assessment of Marine Equipment Regulations (Amendment), 2018.

L.N. 429 of 2018: Product Safety Act (Cap. 427); Appliances Burning Gaseous Fuels Regulations, 2018.

L.N. 430 of 2018: Prevention of Money Laundering Act (Cap. 373) Prevention of Money Laundering and Funding of Terrorism (Amendment) Regulations, 2018.

L.N. 431 of 2018: Financial Markets Act (Cap. 345); Financial Markets Act (OTC derivatives, central counterparties and trade repositories) (Amendment) Regulations, 2018.

L.N. 432 of 2018. Government Lands Act (Cap. 573); Filing of Acts by Electronic Means in the Land Arbitration Board Regulations, 2018.

L.N. 433 of 2018. Income Tax Act (Cap.123) Double Taxation Relief (Taxes on Income) (The Republic of Botswana) Order (L.N. 193 of 2018); Commencement Notice.

L.N. 434 of 2018. Value Added Tax Act (Cap. 406): Value Added Tax Act (Eighth Schedule Amendment) Regulations, 2018.

Legal Notice 196 (2009) Exemption from Motor Vehicles Registration Tax Rules, 2009

IN exercise of the powers conferred by Regulation 10 of Legal Notice 196 of 2009 (SL 368.01), the Minister for Finance has appointed the following persons on the board that will consider requests for the exemption or relief of registration tax for individuals who transfer their residence to Malta:

Chairman

Mr Francis Attard

Members

Mr Martin Spiteri

Ms Shirley Spina

Secretary

Ms Tamara Matrenza

These appointments are valid for a period of two years with effect from 1st January, 2019. 

Appointment of Chairperson on the Grant of Citizenship by Merit for Exceptional Services Board

IT is hereby notified that, in terms of Legal Notice No. 335 of 2017, and in exercise of the powers conferred by the Maltese Citizenship Act (Cap. 188), the Parliamentary Secretary for Reforms, Citizenship and Simplification, has appointed Dr Alexandra Mizzi as Chairperson on the Board for the Grant of Citizenship by Merit for Exceptional Services to replace Dr Isabelle Gonzi.

This appointment is valid until 28th November, 2020.

Appointment of Member on the Grant of Citizenship by Merit for Exceptional Services Board

IT is hereby notified that, in terms of Legal Notice No. 335 of 2017, and in exercise of the powers conferred by the Maltese Citizenship Act (Cap 188), the Parliamentary Secretary for Reforms, Citizenship and Simplification has appointed Prof. Raymond Mangion (with knowledge in Culture) as Member on the Board for the Grant of Citizenship by Merit for Exceptional Services, to replace Dr Trevor Borg.

This appointment is valid until 28th November, 2020.

Appointment of Chairpersons of the Industrial Tribunal

IT is hereby notified that, in terms of sub-article 73 (2) of the Employment and Industrial Relations Act (Cap. 452), Dr Anna Mallia and Mr Joseph Gerada are being appointed as Chairpersons of the Industrial Tribunal for a period of five years with effect from 6th December, 2018.

CONSIDERING that in terms of Article 375(1) of the Merchant Shipping Act (Cap. 234), for the purposes of the Ratification of Treaties Act (Cap. 304), the Government of Malta is empowered to ratify, or accede to treaties or conventions (including protocols, annexes and appendices thereto) referring to merchant shipping listed in Article 375(2);

Considering that there is the need for the Government of Malta to ratify or accede to a number of treaties or conventions (including protocols, annexes and appendices thereto) that refer to merchant shipping and that are not listed in Article 375(2);

Considering that Article 375(4) provides that the “House of Representatives may by resolution add to the list of treaties or conventions in subarticle (2)”;

Considering that the treaties and conventions that are not mentioned in Article 375(2) are the following:

(1) The Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships signed in Hong Kong on 15th May, 2009;

(2) Protocol of 2010 to the International Convention on Liability and Compensation for Damage in Connection with the Carriage of Hazardous and Noxious Substances by Sea, 1996 signed in London on 30th April, 2010;

(3) International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel signed in London on 7th July, 1995;

(4) Agreement concerning specific stability requirements for ro-ro passenger ships undertaking regular scheduled international voyages between or to or from designated ports in North West Europe and the Baltic Sea signed in Stockholm on 27-28 February, 1996;

(5) Convention on the International Mobile Satellite Organization, as amended, signed in London on 3rd September, 1976;

(6) 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, 1972 signed in London on 7th November, 1996;

(7) Cape Town Agreement of 2012 on the Implementation of the Provisions of the Torremolinos Protocol of 1993 Relating to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977 signed in Cape Town on 11th October, 2012.

It has been resolved that, immediately after subarticle (2) (kk) of Article 375 of the Merchant Shipping Act (Cap. 234), there shall be added a list of treaties and conventions that includes the above mentioned treaties and conventions that in the mentioned list should be numbered from (ll) to (rr) respectively.

Fishing for Litter Scheme 

Opening Date for applications: 12/11/2018

Closing Date for applications: 31/12/2018

1. Objective of public call

THE Department of Fisheries and Aquaculture (DFA) within The Ministry for Environment, Sustainable Development and Climate Change (MESDC) hereinafter referred to as the ‘Contracting Authority’, is hereby publishing this call with the purpose of identifying eligible persons to participate within the Fishing for Litter scheme during the bottom trawling fishing seasons from January to December 2019.  Applicants must be in possession of a valid fishing licence and be authorised to operate bottom otter trawls. These services will be provided during the period of the latter mentioned year. After expiry of this period, the agreement with the selected list of successful applicants may be renewed on an annual basis under the same terms and conditions.  

1.2 Unsatisfactory performance may lead to the termination of the agreement according to established procedures and good practice.

1.3 All references to any particular gender shall be construed to refer and include the other gender. 

2. Applicable Rules and Regulations

The selected applicant/s shall be supplied with empty Jumbo Bags by Waste Serve Malta Ltd free of charge.   These will be used by the selected applicants to collect plastic litter that is recovered incidentally from the sea during normal bottom trawling fishing activities.  Once such a Jumbo Bag has been filled with marine plastic litter, the applicant is to inform the Department of Fisheries and Aquaculture that a Jumbo Bag will be landed at one of the designated collection sites as may be stipulated by the Department of Fisheries and Aquaculture from time to time.  This notification is to happen simultaneously with the mandatory notification that the vessel is returning to port from fishing activity. On landing, a Department of Fisheries and Aquaculture official will be in attendance, make checks as may be necessary and insert an entry on the Fishing for Litter Form as provided by the same Department of Fisheries and Aquaculture and held by the Service Provider to confirm the landing.  Replacement empty Jumbo Bags may be collected from the Department of Fisheries and Aquaculture. 

The selected applicants shall act in all respects according to instructions and direction as given by the Director General (Department of Fisheries and Aquaculture) or his delegated representative. 

3. Duration of Agreement and Payment

3.1 The agreement period shall commence on the day of the official letter from the Department of Fisheries and Aquaculture notifying the acceptance of the application.  

3.2 At the end of the fishing season, the service provider should submit the completed Fishing for Litter Form/s to the Department of Fisheries and Aquaculture.  Based on this submission, payment will be processed.  For each Jumbo Bag landed, filled tightly with recovered marine litter, the Service Provider will be paid €200. Payment will be effected on an annual basis through the issuing of cheque payments or direct deposit in their bank account.  

3.3 The Contracting Authority reserves the right to annul the Expression of Interest (EOI) procedure and reject all applications without thereby incurring any liability to the affected applicants. In so doing, the Contracting Authority shall not be liable to give any reason whatsoever.

4. Termination of Services

4.1 Termination of services shall be provided for in the letter of acceptance prior to commencement of services.

4.2 Should items other than marine plastic litter be deposited in the Jumbo Bags landed, the agreement with that particular applicant may be terminated forthwith.

5 Eligibility Requirements:

At the time of application, prospective applicants must be in possession of a valid fishing licence issued by the Department of Fisheries and Aquaculture and be authorised to operate bottom otter trawls.

6. Application Procedure

6.1 Properly filled application forms (to be collected from the Department of Fisheries and Aquaculture) must be deposited by hand in the tender box provided at the Department of Fisheries and Aquaculture by the closing time and date indicated at the top of this notice. 

6.2 By the closing time and date, ALL applications must be physically deposited in the tender box provided at the Department of Fisheries and Aquaculture. In the event that the Contracting Authority extends the call for applications, the new time and date will be construed to mean the (new) submission date. Any application delivered/received after the lapse of the closing time and date shall be considered as a late submission. Late submissions shall not be accepted. 

6.3 Submissions shall be contained in a sealed package/envelope with the Advert Number clearly marked on the outside of the package/envelope and submitted either by recorded delivery (official postal/courier service), or hand delivered and in all instances deposited in the Tender Box at the above address. Any other method of submission shall NOT be accepted.

7. Notification of acceptance for Service 

The Contracting Authority shall notify in writing the successful applicant that his/her application has been accepted.

8. Amendments to the Scheme

Any necessary amendments to this scheme shall be made by publishing the said amendments in the Government Gazette.

The closing date of this scheme has been extended from the 14th December, 2018 to 31st December, 2018.

Boat Restoration Scheme

THIS scheme shall help in the cultural preservation of the local fishing fleet and is aimed at the professional categories (MFA/MFB). Registered wooden fishing vessels which year of construction dates prior to 2007 (base year also included). Only MFA or MFB registered vessels, which vessel type is either a: Firilla, Frejgatina, Kajjik and Luzzu, shall be considered as being eligible. Apart from financial and sectorial aspects, these vessels have also a cultural and historical value and should therefore be preserved. 

1. Definitions

In this scheme, unless the context requires otherwise:

“Minister” means the Minister responsible for the Environment, Sustainable Development and Climate Change.

“Director” means the Director responsible for Fisheries and Aquaculture.

 “Owner/s” means the natural or legal person/s under whom the ownership of a fishing vessel is registered. 

“Applicant” carries the same meaning as “owner”. 

2. Who is eligible for such assistance?

Owner/s of fishing vessel/s which are made entirely of wood, are registered in the professional categories (MFA/MFB), which year of construction was 2007 or earlier. Only MFA or MFB registered vessels, which vessel type is either a: Firilla, Frejgatina, Kajjik and Luzzu, shall be considered as being eligible.

This measure will be implemented in line with the provisions of the Commission Regulation (EU) No 717/2014 of 27 June 2014 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector (OJ L 190, 28.6.2014, p. 45). The DFA shall request for a signed declaration from the undertaking concerned about any other de minimis aid received during the previous two fiscal years and the current fiscal year. Applications shall not be considered as eligible unless the above regulatory provisions are met.

3. How does a person acquire the right for this assistance?

Eligible vessel owners should fill in an Application Form to formally register their interest in this scheme. All declarations and documentation should be provided as per instructions provided in the Application Form.

Interested applicants are encouraged to fill in the attached Application Form and then return it by hand to the Department of Fisheries and Aquaculture by not later than the 15/01/2019, unless otherwise notified by the DFA.

All eligible and non eligible applicants shall be notified via an official letter.

Payments shall be processed in two (2) batches, following the submission of itemised, valid fiscal receipts.

Following the vetting of receipts received, a cheque totalling only the eligible expenditure shall than be issued by the Department of Fisheries and Aquaculture to the applicant. Applicants shall be notified by post to collect this cheque in person from the Department.

4. How support is calculated

The maximum financial allocation shall be calculated on the registered vessel length in meters as per below pre defined length categories, each having a corresponding financial value. In under no circumstance shall the value of maximum support received exceed the stipulated value. The total value of receipts submitted shall be capped to this pre-defined limit.

Category 1: 00–05.99M - €1,300 (Max. Support)

Category 2: 06–11.99M - €2,700 (Max. Support)

Following the second/last submission of receipts, eligible applicants shall not be entitled in any manner for any pending unclaimed balance.

Vessel owner/s in possession of more than one eligible vessel shall be entitled to apply for multiple vessels, which financial support shall than be calculated following the same principles as stipulated in the above schedule, depending on the applicable category. 

The Grant can only be availed of/applied for once (per vessel), by the applicant (registered person/s) owning the vessel/s. 

The DFA reserves the right to revise the total eligible maximum support value if required.

5. What does such assistance consist of?

This measure will be implemented in line with the provisions of the Commission Regulation (EU) No 717/2014 of 27 June, 2014, on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the fishery and aquaculture sector (OJ L 190, 28.6.2014, p. 45). 

Only the following or similar expenditure shall be considered as being eligible:

Decorative, protective and antifouling paint (or similar);

Solid, laminated, plywood wood sheets and planks (or similar);

Copper nails, bolts, rivets and screws (or similar);

Glues, epoxy, sealant and caulking (or similar);

Direct labour costs (up to a maximum of 20% of the total eligible support)

The following or similar expenditure shall be considered as being non eligible:

Equipment (or similar);

Engine parts, engine oils, lubricants (or similar);

Power tools and hand tools (or similar); 

The Department of Fisheries and Aquaculture reserves the right to determine the eligibility of submitted receipts/claimed expenditure, as per parameters stipulated above. All expenditure eligibility shall be subject to the scrutiny, interpretation and acceptance of the Department of Fisheries and Aquaculture. Expenditure defined as being eligible or non eligible by the Department shall be deemed as final. 

The English version of both the Application Form and the Terms and Conditions shall prevail in case of conflict or interpretation with the Maltese version.

6. How shall it be paid?

A cheque totalling only the eligible expenditure shall be issued by the Department of Fisheries and Aquaculture to the applicant. Applicants shall be notified by post to collect this cheque in person from the Department of Fisheries and Aquaculture. 

This cheque will be valid for a period of two months from the date of issue.

Registered vessel owner/s benefitting from this scheme cannot decommission their vessel for a period of 5 years following the date of acceptance of support, unless support received is entirely refunded back to the Department of Fisheries and Aquaculture by the applicant/owners benefitting from this scheme. If during the 5 year period the boat is sold or transferred, the original applicant/owner shall still remain legally responsible of actions incurred.

7. Whenever false information is given or failure to conform to the Provisions of the Scheme

Any false declaration/s shall be defined as being a criminal offence. The applicant shall be held personally liable to return back any monies received, if payments would have already been processed. One will also be automatically disqualified from the scheme. This clause does not have an applicable time limit and shall remain in force indefinitely.

8. Duration of the scheme

This is a one-time scheme which shall be launched, implemented and concluded between the year 2018 and 2020. 

Receipts shall only be considered as valid if the expenditure incurred/receipt date falls between the period 12/11/2018 and 12/11/2019.

9. Amendments to the scheme

The Minister shall make the necessary amendments to this scheme by publishing the said amendments in the Government Gazette.

The closing date of this scheme has been extended from the 14th December, 2018 to 15th January, 2019.

IT is hereby notified for general information that the Government of Romania has appointed Cristina Mihaela Farrugia as Honorary Consul for Romania in Malta.

The Consulate is situated at:

12, Tigné Place, Office M4

Triq Tigné, Tas-Sliema

Mobile Number: +356 9951 2538

Email: (c.farrugia@playson.com)

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

18.12.2018€35.591€0.446