Government Notices published in Govt. Gazette no 20,590 of 16th March 2021

IT is notified for general information that the following Legal Notices were published in the Supplement to the Government Gazette No. 20,585 of 9th March, 2021,  No. 20,587 of 11th March, 2021, No. 20,587A of 11th March, 2021, No. 20,588 of 12th March, 2021, and No. 20,589 of 14th March, 2021, respectively.

L.N. 80 of 2021: Criminal Code (Cap. 9); Criminal Procedure (Regulation of Registries, Archives and Functions of Director General (Courts) and Other Court Executive Officers) (Amendment) Regulations, 2021.

L.N. 81 of 2021: Prevention of Money Laundering Act (Cap. 373); Use of Cash (Restriction) Regulations, 2021.

L.N. 82 of 2021: Public Health Act (Cap. 465); Mandatory Use of Medical or Cloth Masks (Amendment) Regulations, 2021.

L.N. 83 of 2021: International Protection Act (Cap. 420); Asylum Procedures (Application for a Declaration) (Repeal) Regulations, 2021.

L.N. 84 of 2021: Immigration Act (Cap. 217); Various Laws relating to Long-Term Residents (Third Country Nationals) (Amendment) Regulations, 2021.

L.N. 85 of 2021: International Protection Act (Cap. 420); Asylum Procedures (Means of Facilitating Identification of Applicant) (Repeal) Regulations, 2021

L.N. 86 of 2021: Public Health Act (Cap. 465); Essential Travel between Malta and Gozo Order, 2021.

L.N. 87 of 2021: Public Health Act (Cap. 465); Closure of Places Open to the Public Order, 2021

L.N. 88 of 2021: Public Health Act (Cap. 465); Organised Mass Events (Amendment) Regulations, 2021.

L.N. 89 of 2021: Public Health Act (Cap. 465); Number of Persons in Public Spaces (Amendment) Regulations, 2021.

L.N. 90 of 2021: Public Health Act (Cap. 465); Closure of Non-Essential Retail Outlets and Outlets Providing Non-essential Services Order, 2021.

L.N. 91 of 2021: Public Health Act (Cap. 465); Enforcement of the Order relating to the Closure of Non-Essential Retail Outlets and Outlets Providing Non-Essential Services Regulations, 2021.

L.N. 92 of 2021: Public Health Act (Cap. 465); Closure of Food and Drink Outlets (Amendment No. 2) Regulations, 2021.

L.N. 93 of 2021: Public Health Act (Cap. 465); Organised Sport Activities Regulations, 2021.

L.N. 94 of 2021: Public Health Act (Cap. 465); Enforcement of the Order relating to Closure of Places Open to the Public Regulations, 2021.

L.N. 95 of 2021: Public Procurement (Amendment) Regulations, 2021 (L.n. 56 of 2021); Commencement Notice.

L.N. 96 of 2021: Company Service Providers (Amendment) Act 2020 (Act No. L of 2020); Commencement Notice.

L.N. 97 of 2021: Public Health Act (Cap. 465); Closure of Schools Order, 2021.

L.N. 98 of 2021: Proceeds of Crime Act (Cap. 621); Commencement Notice.

L.N. 99 of 2021: Criminal Code (Amendment No. 2) Act, 2020 (Act No. XVIII of 2020); Commencement Notice.

L.N. 100 of 2021: Statute Law Revision Act, 1980 (Act No. IX of 1980); Correction of Laws Order, 2021 (Legal Notice 32 of 2021).

L.N. 101 of 2021: Public Health Act (Cap. 465); Closure of Places Open to the Public (Amendment) Order, 2021.

L.N. 102 of 2021: Public Health Act (Cap. 465); Closure of Schools (Amendment) Order, 2021.

Engineering Profession Board

IT is notified for general information that the Minister for Transport, Infrastructure and Capital Projects has approved the re-appointment of Dr Anthea Galea as Secretary of the Engineering Profession Board, with effect from 16th March, 2021.

This appointment remains valid until 31st August, 2022.

IT is hereby notified for general information that, in exercise of the powers conferred by the Community Malta Agency (Establishment) Order, 2020, article 7 of L.N. 436 of 2020, the Parliamentary Secretary responsible for Citizenship and Communities has approved that the Community Malta Agency Board, be constituted as follows up to the 27th January, 2024:

Chairperson

Mr Joseph Mizzi

Members

Ms Nadette Azzopardi

Architect Godfrey Vella Bonello

Ms Sarah Agius Saliba

Ms Sharon Mifsud

Secretary

Ms Stephania Silvio

Appointment of Legal Aid Lawyers

IT is notified for general information that, in terms of Article 89 of Chapter 12 of the Laws of Malta, the Minister for Justice, Equality and Governance appointed the following as Legal Aid Lawyers for civil and criminal matters, for the period between 1st January, 2021 and 31st December, 2023, both days included.

MALTA

Dr Daniel Attard, LLD

Dr Ramon Bonett Sladden, LLD

Appointment of Official Curators

IT is notified for general information that, as per Article 89 of Chapter 12 of the Laws of Malta, the Minister for Justice, Equality and Governance appointed the following as Official Curators for the period between 1st April, 2021 and 31st December, 2023, both days included.

MALTA

Dr Daniel Attard, LLD

Dr Ramon Bonett Sladden, LLD

It is notified for general information that Dr Fransina Abela, LLD, and Dr Ann Marie Cutajar, LLD, will be resigning from Official Curator and Advocate for Legal Aid (Malta) as from 1st April, 2021.

PROCLAMATION by the LANDS AUTHORITY

Whereas by the provisions of section 71 in accordance with the Government Lands Act (Cap. 573) of the Laws of Malta, the Board of Governors of the Lands Authority can for public purposes, declare that the land is subject to clearance rights or subsoil rights.

And whereas it is required that the property mentioned in this schedule is declared subject to subsoil rights.

Now, therefore, I, by means of the powers of section 71 of the mentioned Act, hereby declare that the property mentioned in this schedule is subject to subsoil rights.

Schedule

Land in Marsaskala:

1. The mentioned subsoil rights consisting in the digging of a trench about 16.9 metres long, 1.7 metres deep and 1.45 metres wide and laying of services for an indefinite period, in a field of the area of about 929 metres square, which field is bounded on the North, on the East and the South by property of unknown owners or more precise boundaries.

2. The mentioned subsoil rights consisting in the digging of a trench about 18 metres long, 1.7 metres deep and 1.45 metres wide and laying of services for an indefinite period, in a field of the area of about 581 metres square, which field is bounded on the North, on the East and the South by property of unknown owners or more precise boundaries.

3. The mentioned subsoil rights consisting in the digging of a trench about 21 metres long, 1.7 metres deep and 1.45 metres wide and laying of services for an indefinite period, in a field of the area of about 436 metres square, which field is bounded on the North, on the East and the South by property of unknown owners or more precise boundaries.

4. The mentioned subsoil rights consisting in the digging of a trench about 22 metres long, 1.7 metres deep and 1.45 metres wide and laying of services for an indefinite period, in a field of the area of about 583 metres square, which field is bounded on the North, on the East and the South by property of unknown owners or more precise boundaries.

5. The mentioned subsoil rights consisting in the digging of a trench about 7.68 metres long, 1.7 metres deep and 1.45 metres wide and laying of services for an indefinite period, in a field of the area of about 5,316 metres square, which field is bounded on the North, on the East and the South by property of unknown owners or more precise boundaries.

The above-mentioned land is shown on plan marked P.D. 2020_00742 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

Support Scheme for Research and Innovation Projects in the Fields of Energy and Water

IN ORDER to implement the National Strategy for Research and Innovation in Energy and Water (2021-2030), officially launched on 17th June, 2020, the Energy and Water Agency within the Ministry for Energy, Enterprise and Sustainable Development has developed this Scheme by virtue of which financial assistance will be provided for research and innovation (R&I) projects in the field of energy and water, in line with the focus of the 2021 Call for Proposals priority areas.

Applications to this scheme will be received between 15th March and 30th June, 2021. Late submissions will not be considered.

SCHEME

1. Interpretation

“Applicant" means anyone eligible for participation in a Project in terms of these Rules for Participation and who consequently applies for funding under this support scheme. This may refer to an individual entity or a consortium.

“Unsuccessful Applicant" means an Applicant whose application failed to pass one stage of the application process and whose Project is thus not eligible to receive support under this Scheme.

“Successful Applicant" means an Applicant whose application has passed both stages of the application process and thus whose Project may receive support under this Scheme. An offer of support shall be contingent on the Successful Applicant's ranking and the availability of funds under this Scheme.

“Managing Authority" shall be the Energy and Water Agency, provided that some tasks which fall to the Managing Authority under the Grant Agreement may be conducted by third parties representing the Managing Authority, as contracted, appointed or delegated by the Energy and Water Agency.

“Project Beneficiary" (the Beneficiary) means a successful Applicant who accepted the offer of support for a Project under the 2021 Call for Proposals and has signed the Grant Agreement. This may constitute an individual entity or a Consortium.

“Grant agreement" means an agreement between the Managing Authority and the Project Beneficiary that sets forth the terms, conditions and limitations applicable to a Grant.

“Lead partner" means the Consortium Partner identified as being the partner responsible to ensure the correct execution of project awarded support under this 2021 Call for Proposals who will have joint and several liabilities together with other Project Partners for all the obligations arising from the Grant Agreement.

“Aid intensity" gross aid amount expressed as a percentage of the eligible costs, before any deduction of tax or other charge. Aid payable in several instalments will be discounted to its value at the date of award. The interest rate to be used for this purpose is the discount rate applicable at the date of award. The aid intensity is calculated per beneficiary.

“Effective collaboration" means collaboration between at least two independent parties to exchange knowledge or technology, or to achieve a common objective based on the division of labour where the parties jointly define the scope of the collaborative project, contribute to its implementation and share its risks, as well as its results. Contract research and provision of research services are not considered forms of collaboration.

“Consortium" means a group of two or more entities who jointly propose a project and submit an application for funding. A Consortium is made up of a designated Lead Partner and at least one Project Partner.

“Arm's length conditions" means conditions of the transaction between the contracting parties contain no element of collusion and do not differ from those which would be stipulated between independent enterprises. Any transaction that results from an open, transparent and non-discriminatory procedure is considered as meeting the arm's length principle.

“Research and knowledge-dissemination organisation" means an entity (such as universities or research institutes, technology transfer agencies, innovation intermediaries, research-oriented physical or virtual collaborative entities), irrespective of its legal status (organised under public or private law) or way of financing, whose primary goal is to independently conduct fundamental research, industrial research or experimental development or to widely disseminate the results of such activities by way of teaching, publication or knowledge transfer. Where such entity also pursues economic activities, the financing, the costs and the revenues of those economic activities must be accounted for separately. Undertakings that can exert a decisive influence upon such an entity, for example in the quality of shareholders or members, may not enjoy a preferential access to the results generated by it.

“Project period" means the execution period of the project, which shall be the period between the Project Start Date and Project End Date as indicated in the Grant Agreement.

“Project" means those activities intended to accomplish an indivisible task of a precise economic, scientific or technical nature with clearly pre-defined goals as described in the application. When two or more projects are not clearly separable from each other and in particular when they do not have independent probabilities of technological success, they are considered as a single project.

“Rules for Participation" mean the Rules for Participation applicable to this 2021 Call for Proposals for Research and Innovation Projects in the fields of Energy and Water (Version March 2021), as published on the Managing Authority's website, which shall be the applicable rules governing the call and, which, together with the provisions of a Grant Agreement, shall regulate the relationship between the Managing Authority and Beneficiaries. Applicants under this call shall be required to sign a declaration agreeing to be bound by these rules as part of the application process. A copy may be requested by sending an email to (rni-energywateragency@gov.mt). Alternatively, the document shall be available on the website of the Managing Authority at: (https://www.energywateragency.gov.mt/schemes/).

“Oriented-basic research" means the work carried out with the expectation that it will produce a broad base of knowledge likely to form the basis of the solution to recognised or expected current or future problems or possibilities.

“Fundamental research" means experimental or theoretical work undertaken primarily to acquire new knowledge of the underlying foundations of phenomena and observable facts, without any direct commercial application or use in view.

“Industrial research" means the planned research or critical investigation aimed at the acquisition of new knowledge and skills for developing new products, processes or services or for bringing about a significant improvement in existing products, processes or services. It comprises the creation of components parts of complex systems, and may include the construction of prototypes in a laboratory environment or in an environment with simulated interfaces to existing systems as well as of pilot lines, when necessary for the industrial research and notably for generic technology validation.

“Eligible costs" means those costs incurred directly by the Beneficiary during the Project Period and used primarily for the purposes of achieving the objects of the Project, subject to their eligibility in line with the rules for eligibility of costs found in Annex I to these Rules for Participation. All eligible costs shall be reasonably necessary for the implementation of the Project, identified specifically within the Project, and shall be costs which can be assigned to Project activities easily and with a high degree of accuracy.

“Personnel costs" means the costs of researchers, technicians and other supporting staff to the extent employed on the relevant project or activity.

“National Strategy for Research and Innovation in Energy and Water (2021-2030)" means the national strategy published by the Energy and Water Agency which outlines the Government's plan to boost and guide the direction of domestic R&I in the fields of energy and water over the upcoming decade.

“Grant Value" means the total value of the grant funding provided for the Project by the Managing Authority.

“Experimental development" means acquiring, combining, shaping and using existing scientific, technological, business and other relevant knowledge and skills with the aim of developing new or improved products, processes or services. This may also include, for example, activities aiming at the conceptual definition, planning and documentation of new products, processes or services. Experimental development may comprise prototyping, demonstrating, piloting, testing and validation of new or improved products, processes or services in environments representative of real-life operating conditions where the primary objective is to make further technical improvements on products, processes or services that are not substantially set. This may include the development of a commercially usable prototype or pilot which is necessarily the final commercial product and which is too expensive to produce for it to be used only for demonstration and validation purposes. Experimental development does not include routine or periodic changes made to existing products, production lines, manufacturing processes, services and other operations in progress, even if those changes may represent improvements.

2. Overview of the Scheme

2.1 The full set of rules, regulations and conditions applicable to the Scheme established by this Government Notice are laid down in the Rules for Participation, which document shall be applicable to this Scheme in its entirety. Potential Applicants are expected to read through and familiarise themselves with the document in question prior to submitting an application.

2.2 The 2021 Call for Proposals invites applications for financial support, in the form of a grant, for R&I projects in energy and water whose objectives are in line with national policies and seek to contribute in a tangible manner to addressing one of the following:

a) A national policy priority or challenge in the energy and water sectors; or

b) Economic competitiveness and growth in a variety of national sectors, from an energy and water perspective.

2.3 The focus is on projects at oriented-basic research and applied research to experimental design stage, that is projects at Technology Readiness Level (TRL) 2-6, with a duration ranging between eighteen and twenty-four (18-24) months.

2.4 Seven overarching topics have been identified as priority areas for support; these are described in the National Strategy for Research and Innovation in Energy and Water (2021-2030). These are as follows:

a) renewable solutions for islands

b) integration of RES electricity

c) energy efficient solutions

d) water use efficiency

e) desalination and water treatment process

f) wastewater treatment and reclamation

g) water friendly urban centres

Preference for financial support will be given to the highest scoring proposals within these priority areas; there is no order of preference of the priority areas. Target projects may fall in a range of disciplines, from engineering and natural sciences to social and behavioural sciences, big data and artificial intelligence.

3. Eligibility

3.1 An Applicant may be constituted of an individual entity or a Consortium. At the time of application, the Applicant must have sufficient capacity with respect to suitable qualified human resources (in addition to those that shall be recruited for the project), appropriate technology acumen and financial standing to undertake a R&I project. At the time of payment of the assistance, the Applicant (in the case of a Consortium, the Lead Partner) is required to have an establishment or branch in Malta.

3.2 The scheme is open to both Applicants who fall outside the scope of State aid and those who fall within the scope of State aid.

4. Financial Support

4.1 The maximum possible funding that can be requested for an R&I Project under this Scheme is € 120,000 and the minimum possible funding requested shall not be less than € 60,000. The number of Projects which will be awarded funding is subject to the availability of funds, up to a maximum of € 700,000, with funds allocated to Projects in order of ranking as per the evaluation process described in 5.3-5.7.

4.2 The aid intensity is determined on an entity basis (not a project basis). Entities falling outside the scope of State aid shall receive 100% funding for approved eligible costs incurred during the Project Period. The aid intensity for entities that fall within the scope of State aid is determined according to the level of R&I activity being undertaken and the size of the entity, as per the table below.

4.3 In the case of collaborative projects, the maximum funding rate for a specific project will depend on the number and type of collaborating parties, as well as on the categories of research activities carried out and the share of eligible costs borne by each one of them.

4.4 To be eligible for funding, all costs must be incurred during the term of the Grant Agreement. Eligible costs are as follows:

Personnel costs: researchers, technicians and other supporting staff to the extent employed on the project, with a distinction made between existing personnel and any new personnel employed specifically for the Project. Eligible costs for existing personnel shall not exceed 20% of the Project Value. Limits are in place for the number of new personnel employed for the Project, with guidelines for hourly rates included.

Instruments and equipment: purchase of specialized equipment, including software and datasets, required for achieving the objectives of the Project, to the extent and for the period used for the project. Where such instruments and equipment are not used for their full life for the Project, only the depreciation costs corresponding to the life of the Project are considered as eligible. The depreciation costs must be calculated on the basis of generally accepted accounting principles and verified by a Certified Public Accountant.

Scientific information: access to scientific information sources including databases and publications, bought or licensed from outside sources at arm's length conditions.

Consumables: the costs of materials, supplies and similar products incurred directly as a result of the project. The overall value of consumables cannot exceed 30% of the Project Value.

Subcontracted activities: any activity related to the project which is not carried out directly by the Project Beneficiary, but which is carried out by outside sources at arm's length conditions. The overall value of subcontracted activities cannot exceed 25% of the Project Value.

Overheads: overheads incurred directly as a result of the Project are capped at 5% of eligible costs.

Contingency: eligible costs which were not previously defined in the application but which are complementary to the aims of the Project, and are used to: (i) augment an existing task defined in the application; and/or (ii) provide for a new task, not previously defined in the application. These are capped at 2% of eligible costs.

4.5 Funding under this Programme is made available on the basis that the Applicant has not benefited from any other form of assistance for the same eligible costs as those being applied for under this Programme. Furthermore, upon signing of the Grant Agreement, the Project Beneficiary is automatically prohibited from accepting other forms of assistance for the same eligible costs over the Project Period.

5. Application Process

5.1 The application procedure is a two-stage process, where the first stage consists of the submission of the project proposal documentation and evaluation thereof, and the second stage consists of the submission of supplementary documentation and a due diligence exercise on the Applicant.

5.2 The selection and funding of proposals under this Scheme shall be on a competitive basis.

5.3 Project applications will be assessed through a two-stage process:

1. Stage 1: Project Proposal - The evaluation board shall evaluate the content of project proposals which were found to be administratively compliant, based on the criteria specified in the Rules for Participation. Proposals obtaining a mark exceeding 65% in each of the 3 criteria (Excellence, Impact, Implementation) shall be invited to proceed to the second stage.

2. Stage 2: Supplementary Documentation and Due Diligence - This step involves the submission of the relevant supplementary documentation followed by a due diligence of Applicants whose proposal exceeds the set thresholds during content evaluation.

5.4 For a project to be eligible for funding it must pass both stages and eligible projects will be ranked according to the marks obtained in the content evaluation stage.

5.5 Once the evaluation of Stage 2 of the application process is completed, the Managing Authority shall publish the list of project applications which were submitted on the website of the Energy and Water Agency. Projects which are eligible for funding (the Successful Applicants) will be listed in order of the mark achieved during the Content Evaluation; Projects not eligible for funding (Unsuccessful Applicants) will be listed in alphabetical order. The published list of Successful Applicants will be divided into two sections, indicating those Projects which will receive the first offers of support and those Projects on the 'waiting list'.

5.6 Offers of support for their Projects under the 2021 Call for Proposals shall be provided to Successful Applicants according to the rank order and until the funds are either exhausted or until no Successful Applicants remain.

5.7 When the requested Grant Value of the next ranking Successful Applicant exceeds the remaining unallocated funds, an offer of support will be made to that Successful Applicant but up to a maximum of the remaining unallocated funds. Should the offer not be accepted by that Successful Applicant, the same offer of support will be made to the subsequent Successful Applicant, in line with the ranking order determined by the mark achieved during the content evaluation. This process will continue until all remaining funds have been allocated or until no Successful Applicants remain. It must be noted that should a Successful Applicant accept a Grant Value that is lower than the amount requested in the application, the proposed Project cannot be changed.

6. Manner of application and supporting documents

6.1 The application submissions are to be sent electronically to (rni-energywateragency@gov.mt) with “2021 Call for Proposals – Application Submission Stage [insert Stage number]" as the subject. All received applications shall be acknowledged by email. It is the responsibility of the applicant to ensure that a confirmation receipt is provided.

6.2 All applications shall be submitted strictly in accordance with the Rules for Participation and shall include the following items at Stage 1:

Application form

Plan of project activities, timeframes and deliverables (Gantt Chart)

CVs of key researchers

GDPR Declaration form(s)

Other documents may be required according to the Project application and the Applicant.

6.3 Applications which successfully pass Stage 1 shall be required to submit the following items at Stage 2:

Project details form

State Aid Declarations

Default event declaration

Audited financial statements for the last 3 fiscal years (of all Partners, in the case of a Consortium) excluding public entities

Other documents may be required according to the Project application and the Applicant. The Managing Authority reserves the right at its discretion to request a bank guarantee to address concerns with regards to potential risks identified by the Managing Authority as being posed by any one or more applicants. The bank guarantee requested may be up to a maximum of 60% of the financial support requested by the specific Applicant or partner.

6.4 Where it is required that a template is used, these will be made available on the website of the Managing Authority: (https://www.energywateragency.gov.mt/schemes/).

7. Amendments to Scheme

The Ministry for Energy, Enterprise and Sustainable Development shall have the right to amend from time to time the applicable Rules and, or any of the provisions established by this Government Notice.

Notice in terms of Article 61(1)

In Terms of the proviso to article 61 (1) of the Duty on Documents and Transfers Act, the Commissioner for Revenue hereby notifies the persons listed hereunder to call at the Capital Transfer Duty Department, 46, Triq il-Merkanti, Valletta, to collect the notices made on such persons

TAX ACT (CAP. 406)

Notice in terms of Article 29 of the Income Tax Management Act, Cap. 372; and Article 73(2) Value Added Tax Act, Cap. 406

In terms of the proviso to article 29(1) of the Income Tax Management Act and/or article 73(2) of the Value Added Tax Act, the Commissioner for Revenue hereby notifies the persons/companies listed hereunder to call at the Compliance and Investigations Directorate, Office of the Commissioner for Revenue, Centre Point Building, Triq Ta' Paris, Birkirkara BKR 4633, within thirty days of this notice to collect the notices made on such persons/companies.

Name Reference

Stella's Coffee Shop as           668226433

representative

of Godwin Amos       

Yuanyuan Zhang obo Int.       1317749 C 68860

Renewable Energy

Development Ltd       

Completion of Road Formation and Traffic and Parking Suspension

In virtue of Article eighteen (18) of Legal Notice 291 of 2018, the Agency for Infrastructure Malta hereby gives official notice of its intention to complete the formation of:

Part of Triq il-Mellieħa, Mellieħa (indicated on the site plan on page 2314).

Any person who is obliged by law to form said road (including by acquiring land necessary for the same formation) has fifteen (15) days from the date of the publication of this notice within which to comply with his obligations at law. In default, the Agency for Infrastructure Malta shall itself proceed with the formation of this road in accordance with its powers at law and at the expense of those persons whose obligation it is to form the road.

The Agency for Infrastructure Malta notifies that from 16th March, 2021 to 30th September, 2021 no parking will be permitted in part of Triq il-Mellieħa, Mellieħa due to road works.

Parking of vehicles is not allowed during these days. Vehicles found in contravention to the order of this notice are liable to be towed.

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 Consul for Goldsmiths and Silversmiths are based has been fixed for the purposes of article 14 of the said Act as follows: