Government Notices published in Govt. Gazette No. 20,980 of 23 December 2022

Appointment of Arbiters on theConsumer Claims Tribunal

IN exercise of the powers conferred by Sub-Article 2 of Article 17 of the Consumer Affairs Act, the Prime Minister has approved the appointment of Dr Charmaine Cherret and Dr Deborah Schembri as arbiters on the Consumer Claims Tribunal. These appointments are for a period of three years with effect from 12th December, 2022.

IT is notified for general information that in exercise of the powers conferred on him by Article 9(2)(a) of the Central Bank of Malta Act (Cap. 204), the Prime Minister has appointed Prof. Frank Bezzina, B. Ed. (Hons.) (Melit.), Dip. Ed. Mangt. (JEB), M.Sc. (SHU), PhD (Melit.), as Director on the Board of the Central Bank of Malta for a period of five years with effect from the 1st January, 2023.

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

Act No. XXII of 2022 entitled the Agricultural Leases (Reletting) (Amendment) Act, 2022;

Act No. XXIII of 2022 entitled the Commercial Code (Amendment) Act, 2022;

Act No. XXIV of 2022 entitled the Pre-Insolvency Act, 2022;

Act No. XXV of 2022 entitled the Insolvency Practitioners Act, 2022;

Act No. XXVI of 2022 entitled the Appropriation (2023) Act, 2022; and

Act No. XXVII of 2022 entitled the Second (2022) Appropriation Act, 2022;

Board of Directors

IT is notified for general information that, in exercise of the powers conferred by article 21(2)(b) of the Malta Development Bank Act, Cap. 574, the Minister for Finance and Employment has appointed Dr Rose Marie Azzopardi, DPA, BA (Econ), M.A. (Sussex), D. Phil (Sussex) and Mr Anthony Valvo, CPA, ASCPA (Aust), ACIS (UK), AIA, Directors on the Malta Development Bank Board of Directors.  These appointments are valid for a period of three years with effect from 11th December, 2022.

It is further notified that, in exercise of the powers conferred by article 21(2)(c) of the Malta Development Bank Act, (Cap 574), the Minister for Finance and Employment has appointed Mr William Spiteri Bailey, FIA, as Director on the Malta Development Bank Board of Directors with effect from 20th December, 2022, up to 10th December, 2023.

IT is notified for general information that, in exercise of the powers conferred by Article 3 of the Malta Resources Authority Act (Cap. 423), the Minister for the Environment, Energy, and Enterprise has approved the appointment of the following persons to serve on the Malta Resources Authority. These appointments are effective for a period of one (1) year from the 28th September, 2022.

Chairman

Mr Mario J. Azzopardi

Members

Dr Joshua Chetcuti Caruana

Ms Monica Debattista

Mr Daniel Galea

Ms Maria Magri

Inġ. Rachelle Riolo

Ms Marica Sammut Dimech

Planning Board of the Planning Authority

IN terms of Article 63(1) of the Development Planning Act, the Minister for Public Works and Planning has approved the appointment of Mr Joseph Zammit instead of Perit Karen Abela to serve on the Planning Board of the Planning Authority. The appointment is effective for a period of three years as from 20th December, 2022.

In exercise of the powers conferred by Article 113 of the Civil Code (Cap. 16), the Minister for Justice has made this Order whereby the Adoption Order dated 26th March, 2022, issued by the Family Court Kottayam A Ettumanoor in India, is being specified as an adoption of the person therein mentioned for the purposes of Articles 113, 130 and 130A of the Civil Code.

(Sgd) Dr Jonathan Attard

Minister for Justice

THE Minister for Home Affairs, Security, Reforms and Equality has the pleasure to approve the promotion of the undermentioned Officer to the rank of Major with effect from the date as shown against his name.

Captain Angelic Galea                    30th March, 2022

IT is notified that in exercise of such powers as provided by Article (3) of the Commissioners for Oaths Ordinance (Cap. 79) the Minister for Justice appointed as Commissioners for Oaths, in the performance of their duties and for as long as they remain in such office, the undermentioned:

Advocates

Chetcuti, Dr Kaylie

By Authority

Jonathan Attard

Minister for Justice

Appointment of Notary Delegate/Keeper

It is hereby notified that in exercise of the powers conferred by Section 20 of the Notarial Profession and Notarial Archives Act, the Court of Revision of Notarial Acts has appointed Notary Dr Corazon Mizzi to be notary delegate and keeper of the Acts for Notary Dr Vanessa Buttigieg for the period between the 28th December, 2022 and 4th January, 2023.

Adv. Maria Ruth Ciantar, Dip. Laws of Proc. (Melit.), LLB (Hons) (Melit.), M. Adv. (Melit.), M. Not. St (Melit.)

Deputy Registrar, Court of Revision of Notarial Acts

It is hereby notified for general information that Mr Massimo Zammit is no longer a member of the Board of Directors of the Malta Communications Authority with effect from 9th November, 2022.

Declaration by the LANDS AUTHORITY

Whereas by the Declaration of the Governor General of the 16th July, 1971, published in the Government Gazette of the 27th July, 1971, under Government Notice No. 530, the Governor General had declared that a plot of land of the area of 2 tomniet, 5 sigħan, 2.8 kejliet, was required by the competent Government for a public purpose in accordance with the provisions of the Land Acquisition (Public Purposes) Ordinance (Cap. 88), and whereas this land is no longer so required, I hereby declare for all intents and purposes of law that the undermentioned land is no longer required by the competent authority for a public purpose and also according to the Government Lands Act (Cap. 573) of the Laws of Malta.

Description of the Land

The following land at Żurrieq:

A plot of land measuring 2 tomniet, 5 sigħan, 2.8 kejliet, bounded on the North by property of Mr Carmelo Farrugia, on the East by property of Michael Angelo Farrugia and on the South by a public passage or more precise boundaries.

The abovementioned plot of land is shown marked with the colour red and indicated as plot 1 on plan L.D. 138/71, 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

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:

Government Grant Scheme, including Scrappage Scheme, for the purchase of new or used Plugin Hybrid vehicles and used electric vehicles in Category M and N, and the conversion of bicycles to pedelecs,for Persons, Local Councils, VoluntaryOrganisations and Undertakings

The Ministry for Transport, Infrastructure, and Capital Projects in conjunction with the Authority for Transport in Malta (Transport Malta) is publishing a financial grant scheme aimed at persons residing in Malta, Local Councils, voluntary organisations (NGOs) and undertakings established in Malta to further promote the uptake of new or used Plugin Hybrid vehicles and used electric vehicles in Category M and N. This scheme is also promoting the conversion of bicycles into pedelecs. This grant is applicable also to special purpose vehicles.

The scheme aims at reducing the number of older conventional motor vehicles from the road and is subject to the conditions stipulated in this document. The grant shall support the purchase of passenger cars, goods carrying vehicles, minibuses, and coaches.

The grant includes a scrappage scheme intended to provide further financial support to applicants who, while purchasing and registering a new or used Plugin Hybrid vehicle or a used electric vehicle, deregister a vehicle of any category which is older than 10 years from its year of manufacture.

The grant is deemed to have come into effect as of the 1st of January 2022 and is on a first come first served basis.

The grants for the registration of new or used Plugin Hybrid Vehicle or Used Electric Vehicles, listed in Table 1 of Annex A, shall remain into force as follows:

Grants 1 to 7: until the 31st of May 2022 provided that eligibility to the Grantsshall be guaranteed for all Plug-in Hybrid vehicles ordered by the 31st of May 2022, even if they are registered in 2023 or 2024, as long as the respective vehicle importers included such vehicles in a list submitted to Transport Malta by not later than the 3rd June 2022 along with:

copies of the relevant receipts of deposits, orders or contracts;

name, address and ID card number of the prospective purchasers;

vehicle make and model, EU category and fuel type; and

indication of whether the purchasers intend to use for the scrappage scheme.

Grants 8, 9, 10, 11 and 12: until the 31st of December 2022. The scrappage schemes for Grants 1 to 6 listed in Table 2 of Annex A shall be applicable along with the any of Grants 1 to 7 listed in Table 1 that they are related to, subject that the said grants are still into force.

Grant No: 7 listed in Table 2 of Annex A shall remain into force until the 31st of December 2022.

THE SCHEME

1. Interpretation

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

'applicant' means the person residing in Malta, Local Council, voluntary organisation, or undertaking established in Malta applying for the grant under this scheme, and is the purchaser of a new or used Plugin Hybrid vehicle or a used electric vehicle in Category M and N or a bicycle as defined hereunder;

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

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

'vehicle registration certificate' means the vehicle registration certificate issued by Transport Malta providing proof of registration of the motor vehicle in accordance with the Motor Vehicles Registration and Licensing Act under the laws of Malta (Cap. 368);

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

'undertakings in the fishery and aquaculture sector' means undertakings active in the production, processing and marketing of fishery and aquaculture products;

'undertaking established in Malta' means any commercial company including partnerships registered in Malta with the Malta Financial Services Authority, or a self-employed person in accordance with National Law, or a cooperative society;

 'Single undertaking' includes, for the purposes of this scheme, all enterprises having at least one of the following relationships with each other:

a) one enterprise has a majority of the shareholders' or members' voting rights in another enterprise;

b) one enterprise has the right to appoint or remove a majority of the members of the administrative, management or supervisory body of another enterprise;

c) one enterprise has the right to exercise a dominant influence over another enterprise pursuant to a contract entered with that enterprise or to a provision in its memorandum or articles of association;

d) one enterprise, which is a shareholder in or member of another enterprise, controls alone, pursuant to an agreement with other shareholders in or members of that enterprise, a majority of shareholders' or members' voting rights in that enterprise.

Enterprises having any of the relationships referred to in points (a) to (d) above through one or more other enterprises shall also be considered to be a single undertaking.

'Local Council' means a Local Government as defined in the Local Government Act (Cap. 363);

'first registration' shall include the registration of a vehicle for the first time in the name of a person residing in Malta or an undertaking established in Malta where the vehicle concerned was registered for the first time in Malta;

'Malta' means the Maltese islands;

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

'voluntary organisation' has the same meaning given to it in the Voluntary Organisations Act (Cap. 492);

'pedelec' means a pedal electric bicycle whose electric motor is activated as soon as the rider starts pedalling and is deactivated as soon as the rider stops pedalling, and which can reach a maximum speed of 25km/h;

'person residing in Malta' means a person who either holds a legally valid identification document issued in terms of the Identity Card and other Identity Documents Act (Cap. 258) or who has a residence permit or a letter issued from the expatriate office at the Ministry for Home Affairs, National Security and Law Enforcement;

'agricultural products' means products listed in Annex I to the Treaty, with the exception of fishery and aquaculture products covered by Council Regulation (EC) No 104/2000 of 17 December 1999 on the common organisation of the markets in fishery and aquaculture products (OJ L 17, 21.1.2000, p. 22);

'fishery and aquaculture products' means the products defined in Article 5 (a) and (b) of Regulation (EU) No 1379/2013;

'bicycle' means a vehicle consisting of two wheels held in a frame one behind the other, propelled by pedals and steered with handlebars attached to the front wheel

'registered owner' means the person, Local Council, voluntary organisation or undertaking on whose name a vehicle is registered by the Authority;

'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;

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

'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;

'special purpose vehicle' means, for the purposes of this scheme, a vehicle of category M or N having specific technical features that enable it to perform a function that requires special arrangements or equipment;

'electric vehicle' means a Category M1, M2, M3, N1, N2 or N3 vehicle which is powered exclusively by electric motors using electrical energy stored in batteries which are charged from an external electricity source;

'new vehicle' means a vehicle which has never been registered before in any country;

'plugin hybrid vehicle' for the purpose of these grants means:

a) a Range Extender Electric Vehicle (REEV) - meaning a Category M1, M2, M3, N1 or N2 vehicle having a range extender engine which recharges the battery to prolong the autonomy of the engine and which, for the purpose of this grant, shall have a guaranteed autonomy on a battery only that exceeds 30 km before the range extender is automatically engaged; or

b) a Plug-in Hybrid Electric Vehicle (PHEV) - meaning a Category M1, M2, M3, N1 or N2 hybrid electric vehicle whose battery pack can be recharged by plugging a charging cable into an external electric power source or internally by its on-board internal combustion engine-powered generator, and which, for the purpose of this grant, shall have a guaranteed autonomy on a battery only that exceeds 30 km before the internal combustion engine is automatically engaged;

'de-registered vehicle' means a Category M1, M2, M3, N1, N2 or N3 vehicle which has been de-registered;

'Category M vehicle' means a Category M1, M2 or M3 vehicle;

'Category M1 vehicle' means a motor vehicle used for the carriage of persons and which may carry no more than eight passengers in addition to the driver;

'Category M2 vehicle' means a motor vehicle used for the carriage of persons comprising more than eight (8) seats in addition to the driver's seat and having a maximum mass not exceeding five (5) tonnes;

'Category M3 vehicle' means a motor vehicle used for the carriage of persons comprising more than eight (8) seats in addition to the driver's seat and having a maximum mass exceeding five (5) tonnes;

'Category N vehicle' means a Category N1, N2 or N3 vehicle;

'Category N1 vehicle' means a motor vehicle used for the carriage of goods and having a maximum mass not exceeding three and a half (3.5) tonnes;

'Category N2 vehicle' means a motor vehicle used for the carriage of goods and having a maximum mass not exceeding seven and a half (7.5) tonnes;

'Category N3 vehicle' means a motor vehicle used for the carriage of goods and having a maximum mass exceeding seven and a half (7.5) tonnes;

'purchaser' means a person residing in Malta, Local Council, voluntary organisation, or undertaking established in Malta buying the 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 financial grant for the purchase of new or used Plugin Hybrid vehicles and used electric vehicles in category M and N as defined above, applies to any person residing in Malta, Local Council, voluntary organisation, or undertaking established in Malta.

2.2. The scheme for a financial grant for the conversion of bicycles to pedelecs applies to any person residing in Malta.

2.3. The scheme allows a mix and match of purchase of new or used Plugin Hybrid vehicles and used electric vehicles in category M and N, the conversion of bicycles to pedelecs, and the replacement of old vehicles.

2.4. The total grant amount issued to applicants for any of these grants shall not exceed the purchase price of the new or used Plugin Hybrid vehicles or used electric vehicles in category M or N, or the price for the conversion of the bicycle to a pedelec.

2.5. In the case of applications concerning special purpose vehicles, the applicable conditions shall correspond to those applicable to the Category N vehicles with similar maximum permissible mass to that of the special purpose vehicle concerned.

2.6. Grant for the Purchase of used or new Plugin Hybrid vehicles or used electric vehicles in category M or N.

2.6.1. The grant amounts applicable in these cases shall vary depending on the category of vehicle being registered, as shown in Table 1 of the Annex.

2.6.2. Grant application by persons residing in Malta, Local Councils and voluntary organisations that do not carry out an economic activity

a) Applicants who are persons residing in Malta are entitled to receive a maximum of two (2) grants under this scheme.

b) Applicants who are Local Councils or voluntary organisations that do not carry out an economic activity are entitled to receive a maximum of ten (10) grants under this scheme.

2.6.3. Grant application by undertakings and voluntary organisations that carry out an economic activity within the meaning of Article 107 TFEU

a) Applicants who are voluntary organisations that carry out an economic activity within the meaning of Article 107 TFEU are entitled to receive a maximum of ten (10) grants under this scheme.

b) Applicants who are undertakings established in Malta are entitled to receive a maximum of ten (10) grants under this scheme.

c) State aid rules shall apply for grants issued under this section. Details regarding the applicable state aid rules are explained in detail in section 2.9 of this document.

2.7. Grant for the conversion of bicycles to pedelecs

2.7.1.  The grant amount applicable in these cases shall be €400 per converted bicycle.

2.7.2. Applicants who are persons residing in Malta are entitled to receive a maximum of one (1) grant under this scheme.

2.8. Scrappage Scheme

a) In the case of a grant application involving the deregistration of an existing vehicle, the applicant shall deregister a category L or M or N vehicle which is at least 10 years old from year of manufacture and which is registered on the applicant's name on the day of its deregistration.

a) In order to be eligible for this scrappage scheme, the deregistered vehicle shall be from the same or lower category as the new Electric Vehicle being registered. However, when an applicant registers a new category L vehicle, the applicant may deregister a vehicle from Category L or M1 or N1 and still be eligible for the scrappage scheme grant.

b) The grant amounts applicable in this case shall vary depending on the category of vehicle being deregistered, as indicated in Table 2 of the Annex.

c) Scrappage grants issued under this section to undertakings established in Malta or voluntary organisations that carry out an economic activity within the meaning of Article 107 TFEU are subject to state aid rules under the de minimis Regulation, as explained in section 2.9 below.

2.9. State aid rules

In the case of grant applications for the purchase of used or new Plugin Hybrid vehicles or used electric vehicles in category M or N by undertakings and voluntary organisations that carry out an economic activity within the meaning of Article 107 TFEU and scrappage grants applications by undertakings or voluntary organisations that carry out an economic activity within the meaning of Article 107 TFEU, assistance will be provided in line with one of the following de minimis Regulations.

a) For applicants that are active in the primary production of agricultural products: Commission Regulation (EU) No. 1408/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector (OJ L 352/9, 24.12.2013), as amended by Commission Regulation (EU) 2019/316 of 21 February 2019 amending Regulation (EU) No 1408/2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector  (OJ 51 I/1, 22.2.2019);

b) For applicants that are active in the fisheries or aquaculture sector: 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 fisheries and aquaculture sector (OJ L 190/45, 28.6.2014), as amended by Commission Regulation (EU) 2020/2008 of 8 December 2020 amending Regulations (EU) No 702/2014, (EU) No 717/2014 and (EU) No 1388/2014, as regards their period of application and other relevant adjustments (OJ L 414/15, 9.12.2020);

c) For applicants that are active in all other sectors: Commission Regulation (EU) No. 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid (OJ L 352/1, 24.12.2013), as amended by Commission Regulation (EU) 2020/972 of 2 July 2020, amending Regulation (EU) No 1407/2013 as regards it prolongation and amending Regulation (EU) No 651/2014 as regards its prolongation and relevant adjustments (OJ L 215/3, 7.7.2020).

In the case of an application by an undertaking or a voluntary organisation that carries out an economic activity within the meaning if Article 107 TFEU, payment shall only be affected if the applicant would not have reached the maximum threshold established in the applicable de minimis Regulation outlined above, depending on the sector in which the applicant is active. The total amount of de minimis aid granted to a single undertaking shall not exceed the thresholds established in the respective de minimis Regulations as follows:

a) For undertakings active in the primary production of agricultural products, the total amount of de minimis aid granted to a single undertaking shall not exceed €20,000 over any period of three fiscal years;

b) For undertakings or voluntary organisations active in the fishery and aquaculture sector, the total amount of de minimis aid granted to a single undertaking shall not exceed €30,000 over any period of three fiscal years;

c) For all other undertakings, the total amount of de minimis aid shall not exceed €200,000 per single undertaking (or €100,000 in the case of single undertakings performing road freight transport for hire or reward) over any period of three fiscal years.

This maximum threshold would include all State aid granted under this aid scheme and any other State aid measure granted under the de minimis Regulation including that received from any entity other than Transport Malta over a period of three fiscal years. Any de minimis aid received in excess of the established applicable threshold will have to be recovered, with interest, from the undertaking receiving the aid.

All applicants which are an undertaking or a voluntary organisation that carries out an economic activity within the meaning if Article 107 TFEU are to fill in and submit, together with the application form, a signed de minimis declaration form indicating any de minimis aid received during the current fiscal year and the previous two fiscal years. 

3. Manner of application and supporting documents

3.1. Grant for the Purchase of used or new Plugin Hybrid vehicles or used electric vehicles in category M or N.

3.1.1. An application for a grant under this scheme shall be made either by the agent/dealer/supplier or by the purchaser by submitting application form VEH051 along with any information, details and documents required therein. The purchaser of the vehicle shall be considered as the ultimate applicant in terms of this scheme.

3.1.2. Applications shall be accompanied by the following documents:

a) In the case of an application for the scrappage scheme, a destruction certificate issued by an approved destruction facility certifying that the vehicle which is being scrapped has been destructed in the approved destruction facility;

b) In the case of an undertaking established in Malta, a registration certificate, or a VAT certificate;

c) In the case of a voluntary organisation, a registration certificate issued by the Malta Council for Voluntary Service.

d) In the case of an application within the scope of the State Aid rules explained in section 2, the de minimis Declaration VEH071.

3.1.3. A licensed dealer or car agent purchasing any of these vehicles for showroom and sales purposes may apply for the grant but on re-selling such vehicle, the buyer will not be eligible for any grants, including the used grant.

3.2. Grant for the conversion of bicycles to pedelecs

3.2.1. An application for a grant under this scheme shall be made either by the agent/dealer/supplier or by the purchaser by submitting application form VEH051 along with any information, details and documents required therein. The owner of the bicycle shall be considered as the ultimate applicant in terms of this scheme.

3.2.2. Applications shall be accompanied by the following documents:

a) A report issued, signed and stamped by a warranted engineer certifying that the converted bicycle complies with EN Standard 15194:2017, or equivalent.

3.3. Applications under this scheme, together with all the relevant documents, shall be submitted by the applicant during working days between 07:30 and 13:00 or mailed to Transport Malta's Driver and Vehicle Licensing Unit (DVLU) at:

a) Level 1, A3 Towers, Arcade Street, Paola PLA1212;

b) Malta Transport Centre, Pantar Road, Lija LJA2021; or

c) Transport Malta, St. Francis Square, Victoria, Gozo.

4. Eligibility

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

4.2. To qualify for the grants, the new or used Plugin Hybrid vehicles or used electric vehicles in category M or N being registered shall:

a) not have been registered in Malta before the 1st of January 2022;

b) be licensed for private use or used in connection with the provision of voluntary services or the activity of a business.

4.3. To qualify for the scrappage scheme, 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 on the date of application less the year of manufacture as certified on the vehicle's registration certificate;

b) be registered and garaged or licensed with Transport Malta in the name of the applicant on the date of deregistration, as shown on the vehicle's registration certificate or as confirmed by Transport Malta;

c) once de-registered, be destroyed in accordance with the provisions of Part VIII of the Registration and Licensing of Motor Vehicles Regulations (SL368.02). Destruction certificate shall be provided.

d) Deregistered vehicles which had benefitted from the provisions of S.L.65.24 shall not be eligible for this scrappage scheme.

4.4. To qualify for the scheme for the conversion of bicycles to pedelecs, the converted bicycle shall comply with EN Standard 15194:2017, or an equivalent standard. Where an equivalent standard is quoted, the applicant shall demonstrate or prove such equivalence to the Authority's satisfaction.

5. Payment of Grant

5.1. Where an applicant qualifies for the grant, the grant shall be paid directly to the applicant.

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

5.3. Undertakings and voluntary organisations that carry out an economic activity applying for the grant can still benefit from incentives in place with respect to the purchase of New or used Plugin Hybrid vehicles and used electric vehicles in category M and N for tax purposes.

5.4. A vehicle is only eligible for one grant, and if the original owner (the beneficiary) sells the vehicle on the used market after the period referred to in Section 7 elapses, the new owner of the same vehicle will not be entitled to apply for any grant related to that vehicle, in the case such a grant would still be available.

6. Validity of application

6.1. An application shall not be deemed to have been submitted by the applicant unless it is completed in full and is accompanied by all the relevant documents. If the application is not completed correctly and the relevant documents are not included, the claim for the grant shall not be processed unless the missing information is provided. Transport Malta shall write to the applicant, advising him of the information required.

6.2. Vehicles registered on or after the 1st of January 2022 are eligible for this grant and the respective owners must apply with the new application form launched with this scheme. All applications in the old format will not be accepted for this grant.

7. Refunding of grant

7.1. Any new or used Plugin Hybrid vehicles and used electric vehicles in category M and N purchased by the applicant under this grant shall remain registered in the applicant's name for a period of at least thirty-six (36) months from the date of first registration. This 36-month time frame does not apply for licensed car importers and agents using the bought vehicles for demonstration purposes. If the registered owner of a new or used Plugin Hybrid vehicle or a used electric vehicle in category M or N on which a grant has been issued under this scheme transfers the said vehicle to a third party, for any reason other than a transfer causa mortis to an heir, before the expiry of the above-mentioned period, that person shall refund the grant received from Transport Malta. In such cases, that is, when the vehicle is re-sold and the grant is refunded back by the original owner, the new buyer may apply for the grant scheme related to the purchase used Plugin Hybrid vehicles or used electric vehicles in category M and N, if such a scheme is available at that time. In cases of a company disqualified within the same group of companies, such a transfer of the vehicle will be permitted without the need to refund the grant.

7.2. In the case of new or used Plugin Hybrid vehicles and used electric vehicles imported in Malta by licenced new vehicle importers for the purpose of demonstrations, the importer can re-sell such vehicles without refunding back the grant availed of under this scheme even if the sale occurs within the 36 months period after registration. In such cases, the buyers of such vehicles will not be eligible for any grant and the seller should ensure that this is factored in the sale price of the vehicle.

8. Duration of scheme

8.1. The grants for the registration of new or used Plugin Hybrid Vehicle or Used Electric Vehicles, listed in Table 1 of Annex A, shall remain into force as follows:

Grants 1 to 7: until the 31^st of May 2022 provided that eligibility to the Grantsshall be guaranteed for all Plug-in Hybrid vehicles ordered by the 31^st of May 2022, even if they are registered in 2023 or 2024, as long as the respective vehicle importers included such vehicles in a list submitted to Transport Malta by not later than the 3^rd June 2022 along with:

copies of the relevant receipts of deposits, orders or contracts;

name, address and ID card number of the prospective purchasers;

vehicle make and model, EU category and fuel type; and

indication of whether the purchasers intend to opt for the scrappage scheme.

Grants 8, 9, 10, 11 and 12: until the 31st of December 2022. The scrappage schemes for Grants 1 to 6 listed in Table 2 of Annex A shall be applicable along with the any of Grants 1 to 7 listed in Table 1 that they are related to, subject that the said grants are still into force.

8.2.  Grant 7 listed in Table 2 of Annex A shall remain into force until the 31st of December 2022.

8.3. The budgeted funds for this scheme amount to fifteen million and seven hundred forty thousand Euro (€15,740,000).

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

9. Amendments to the scheme

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

10. Fraudulent claims

10.1. Where a fraudulent claim arises, the Minister for Transport, Infrastructure and Capital Projects shall report the matter to the Police for criminal procedures to be instituted.  In the event of an incorrect payment of a claim, the said Minister reserves the right to recover funds paid in error. This also applies to undertakings and voluntary organisations that carry our economic activity, especially with respect to State Aid regulations. Applicants are to make sure that the information provided is correct.

Annex A: Grant amounts applicable for the purchase of new or used Plugin Hybrid vehicles and used electric vehicles in category M and N.

Table 1: Grant amounts to be paid for each new or used Plugin Hybrid vehicles and used electric vehicles in category M and N purchased, subject to eligibility criteria stipulated in this document.

NOTE: Invoice value is the value of the vehicle being registered, as indicated in the respective invoice.

NOTE: The de minimis Regulations and the respective thresholds shall apply when grants are issued to undertakings established in Malta or voluntary organisations which carry out any economic activity within the meaning of Article 107 TFEU.

Table 2: Grant amounts to be paid when a vehicle in scrapped in conjunction with any other grant for the purchase of a new or used Plugin Hybrid vehicles and used electric vehicles in category M and N.

*Vehicle must have been registered, garaged or licensed in Gozo prior to the 11th of October 2021

NOTE: The de minimis Regulations and the respective thresholds shall apply when scrappage grants are issued to undertakings established in Malta or voluntary organisations which carry out any economic activity within the meaning of Article 107 TFEU.

GENERAL NOTE: The grant amounts applicable for special purpose vehicles shall be established based on the vehicle's maximum permissible mass and the corresponding limits for Category N vehicles.

Government Grant Scheme, including Scrappage Scheme for the Purchase of New Category L Petrol Motorcycles, for Persons, Local Councils, Voluntary Organisations and Undertakings

IN terms of the provisions of paragraph 8 and 9 of the Government Notice No. 802 published in the Government Gazette No. 20,886 dated 5th July, 2022, the Minister for Transport, Infrastructure and Capital Projects is extending this grant scheme so that such scheme shall be valid until the total amount of grants reaches the amount of €3,370,000 (in lieu of the original amount of €370,000). Once this amount of €3,370,000 is reached, the scheme, as extended, will be automatically terminated.

Furthermore, the Scheme is being amended as follows :

1. The amount of €370,000 is being substituted by the amount of €3,370,000.

Save for the above, all other provisions stipulated in the Scheme shall remain firm, valid and unaltered.

Government grant including scrappage scheme on the purchase of environment-friendly vehicles

IN terms of the provisions of paragraph 8 and 9 of the Government Notice No. 803 published in the Government Gazette No. 20,886 dated 5th July 2022, the Minister for Transport, Infrastructure and Capital Projects is extending this grant scheme so that such scheme shall be valid until the total amount of grants reaches the amount of €1,200,000 (in lieu of the original amount of €500,000). Once this amount of €1,200,000 is reached, the scheme, as extended, will be automatically terminated.

Furthermore, the Scheme is being amended as follows -:

1. In article 8, the amount of €500,000 is being substituted by the amount of €1,200,000.

Save for the above, all other provisions stipulated in the Scheme shall remain firm, valid and unaltered.

Government Grant on the purchase of Wheelchair-Accessible Vehicles to be used for the Transport of Passengers for Hire or Reward.

IN terms of the provisions of paragraph 8 and 9 of the Government Notice No. 804 published in the Government Gazette No. 20,886 dated 5^th July 2022, the Minister for Transport, Infrastructure and Capital Projects is extending this grant scheme so that such scheme shall be valid until the total amount of grants reaches the amount of €250,000 (in lieu of the original amount of €150,000). Once this amount of €250,000 is reached, the scheme, as extended, will be automatically terminated.

Furthermore, the Scheme is being amended as follows -:

1. In article 8, the amount of €150,000 is being substituted by the amount of €250,000.

Save for the above, all other provisions stipulated in the Scheme shall remain firm, valid and unaltered.

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.