Government Notices published in Government Gazette No. 21,123 of 29th September 2023

IN exercise of the powers conferred by Article 91 (1) and by Article 124 (5) (a) of the Constitution of Malta, the President of Malta, acting on the advice of the Prime Minister, has approved the appointment as Acting State Advocate of Dr Andria Buhagiar, Deputy State Advocate, between the 2nd and the 7th of October, 2023.

IN  exercise of the powers conferred by Article 91 (1) and by Article 124 (5) (a) of the Constitution of Malta, the President of Malta, acting on the advice of the Prime Minister, has approved the appointment as Acting Attorney General of Dr Philip Galea Farrugia, Deputy Attorney General, between the 24th and the 28th September, 2023.

Appointment of the Information and Data Protection Appeals Tribunal

IT is hereby notified that in terms of the powers conferred by article 24(2) of the Data Protection Act Cap. 586, the Minster for Justice has appointed the Information and Data Protection Appeals Tribunals as follows:

Chairperson

Dr Anna Mallia

Substitute Chairperson

Dr Noel Camilleri

Members

Mr Charles Cassar

Mr David Bezzina

These appointments are effective from 28th August, 2023, and are valid for three (3) years.

Appointment of Panel of Assessors

IN exercise of the powers conferred by section 107 of the Social Security Act (Cap. 318), the Minister for Social Policy and Children's Rights, after consultation with the organisations concerned, is pleased to appoint the following persons to form the Panel of Assessors for the purposes of that Act, in the interests of employers and employed persons respectively:

Mr Carmel Debono

Mr Joseph Felix Delia

Ms Isabelle Farrugia

Dr Joseph Portelli Demajo

Mr Mario Sacco

Mr Joseph Sapiano

Mr Carmel Vella

These appointments are valid for a period of one year with effect from 25th September, 2023.

THE Permanent Secretary in the Ministry for Finance and Employment has approved the following acting appointment:

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 Chanelle Vella to be notary delegate and keeper of the Acts for Notary Dr Katya Bezzina for the period between the 20th November, 2023 and the 3rd December, 2023.

Today the 27th September, 2023

Adrian Micallef

Deputy Registrar, Court of Revision of Notarial Acts

IT is hereby notified for general information that, in exercise of the powers conferred by article 7(3) of the Residual Balances Fund Act Cap. 618, the Minister for Finance and Employment has appointed Ms Stephanie Mifsud, B.Accty (Hons), MIA, CPA,  as Chairperson of the Residual Balances Fund Committee. 

This appointment is valid up to 29th March, 2025.

IT is being notified for general information that in accordance with the Commissioners for Justice Act (Cap. 291), the Prime Minister approved the appointment as Commissioner for Justice for a period of two years of:

Cilia, Dr Chris, and,

Vella Dr Geoffrey

with effect from the 5th October, 2023.

Lower Barrakka Gardens

It is notified for general information that as enabled by Section 2 of the Public Gardens (Closing) Ordinance (Cap. 34) the Director of Agriculture has approved that Lower Barrakka Gardens will be closed all day on Tuesday, 3rd October, 2023, whereas on Wednesday, 4th October, 2023, it will be closed in the morning till noon and will be under the control of GEB Landscaping.

Posting of Workers in Malta (Amendment) Regulations, 2023

Explanatory Notes¹

1. Introduction

2. Summary and background

The scope of these regulations is to provide for a better transposition of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services as well as Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System ( 'the IMI Regulation') (hereinafter referred to as the Directive). However, in particular, amendments are introduced to the Posting of Workers in Malta (Amendment) Regulations 2021 so that the Republic of Malta fulfils its obligations under Article 12 of the Directive.

When the European Commission assessed how Member States transposed the Directive it concluded that ten Member States including Malta fail to comply with Article 12 of the Directive, which requires that Member States have to be non-discriminatory, implying that there cannot be more stringent liability rules for cross-border transactions thus favouring domestic transactions.

In its Letter of formal notice to Malta sent on 15th July 2021, the Commission noted that Malta applies subcontracting liability only in situations where the sub-contractor is a service provider established in another Member State.

The Maltese authorities replied by referring to amendments made to the Posting of Workers in Malta Regulations in 2021.

The Commission assessed this amendment but concluded that this amendment did not change the fact that liability is only applicable to service providers established in a Member State other than Malta. The Commission is of the opinion that the application of subcontracting liability only to cross-border situations might discourage final clients and contractors to contract or subcontract with service providers established in other Member States and putting these undertakings at a disadvantage as compared with undertakings established in Malta.

In January 2023, the Commission issued a Reasoned Opinion on such alleged non-conformity.

2.2 Importance of these Regulations

These regulations are intended to amend the Posting of Workers in Malta (Amendment) Regulations, 2021, which the Commission notwithstanding, upon its assessment of the same mentioned regulations still considered that liability is only applicable to the service providers established in a Member State other than Malta, and therefore maintained it assessment on non-conformity with Article 12 of the Directive. 

2.3 Public Consultation

Consultations were held with the Employment Relations Board. The Employment Relations Board is a tripartite Board which comprises trade unions and employers' associations representatives, as well as representation of the Maltese Government as stipulated in article 3 of the Employment and Industrial Relations Act (Cap 452).

3. Overview of the structure of the instrument

Regulation 10 concerns subcontracting liability

The Schedule contains the list of activities mentioned in Regulation 10

4. Commentary on parts and regulations

An amendment to regulation 10 of the Posting of Workers Regulations, has been drafted so that the subcontracting liability applies not only to contractors using the service providers established in other Member States but also contractors using service providers established and providing services in Malta.

A Schedule has been added to the principal regulations. In this Schedule there are listed those activities which are mentioned in regulation 10.

5. Concluding section

The measures mentioned above will enter into force by virtue of the proposed regulations.

Contact Information:

Department for Industrial and Employment Relations

121, Melita Street,

Valletta - Malta

VLT 1121

Telephone:

1575 for Employees

1576 for Employers

Email:

info.dier@gov.mt

N.B. These Explanatory Notes are not intended to be an exhaustive description of the instrument nor a substitute thereof or a legislative supplement to it. These Explanatory Notes do not purport to be an authoritative ruling on the interpretation of the legislation.

¹ These Explanatory Notes are for the purpose of and in accordance with Article 3(2)(c) and Schedule III of Chapter 512 of the Laws of Malta.

Annex

Transposition Notes for the transposition of the main elements of Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services  and  Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU No 1024/2012 on administrative cooperation through the Internal Market Information System ( 'the IMI Regulation' )

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: