No. 1494

RESUMPTION OF DUTIES BY THE PRIME MINISTER

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 Tuesday, 18th December, 2018, and that the arrangements made by Government Notice No. 1477 of the 15th December, 2018, ceased to have effect accordingly.

18th December, 2018

No. 1495

EXPLOSIVES COMMITTEE

IT is being notified for general information that in terms of Section 23 (1) of the Explosives Ordinance (Cap. 33), the President of Malta has approved the appointment of the Explosives Committee, up to 31st December, 2019, as follows:

 

Chairperson 

The Commander, Armed Forces of Malta or his representative

 

Members 

The Commissioner of Police or his representative

The Director of the Civil Protection Department or his representative

21st December, 2018

No. 1496

PUBLICATION OF ACTS IN SUPPLEMENT

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

Act No. XLIV of 2018 entitled the Various Financial Services Laws (Amendment No. 2) Act, 2018;

Act No. XLV of 2018 entitled the Appropriation (2019) Act, 2018; and

Act No. XLVI of 2018 entitled the Second (2018) Appropriation Act, 2018.

21st December, 2018

No. 1497

APPOINTMENT OF ACTING CLERK OF THE HOUSE OF REPRESENTATIVES

THE Clerk of the House of Representatives has approved the following temporary appointment:

21st December, 2018

No. 1498

APPOINTMENT OF ACTING DIRECTOR/REGISTRAR CIVIL COURTS AND TRIBUNALS

THE Permanent Secretary in the Ministry for Justice, Culture and Local Government has approved the following acting appointment:

21st December, 2018

No. 1499

APPOINTMENT OF MEMBERS OF THE BOARD OF THE FOUNDATION TECH.MT

IT is hereby notified for general information, that in terms of the powers conferred upon him by Articles 6 and 7 of the Deed of the Foundation Tech.mt Act, the Parliamentary Secretary for Financial Services, Digital Economy and Innovation has appointed the persons mentioned hereunder as members of the Board of the Foundation Tech.mt, for a period of three years, commencing 19th December, 2018.

Non-Executive Chairman

Mr Mark Bugeja

Members representing the Government of Malta

Ms Marouska Pisani Bugeja

Mr Charles Scerri

Mr Raymond Spiteri

Ms Jillian Spiteri

Members representing The Malta Chamber of Commerce, Enterpise and Industry

Mr Frank V. Farrugia

Mr Francois Grech

Mr Gordon Micallef

Mr Roland Scerri

21st December, 2018

No. 1500

WARRANT BY THE MINISTER FOR JUSTICE, CULTURE AND LOCAL GOVERNMENT

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, Culture and Local Government appointed as Commissioners for Oaths, whilst performing such functions and as long as they continue in that capacity, and/or for the period indicated in the same appointment, whichever is the earlier, the undermentioned:

Ministry for Foreign Affairs and Trade Promotion

Mr Clint Borg

Mr Mario Buttigieg

Ms Sephora Gauci

Ms Deborah Borg

Mr Christopher Agius

Mr Mark Anthony Micallef

Mr Ivan Vassallo

By Authority

OWEN BONNICI

Minister for Justice, Culture and Local Government

21st December, 2018

No. 1501

MINISTRY FOR THE ENVIRONMENT, SUSTAINABLE DEVELOPMENT AND CLIMATE CHANGE

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.

21st December, 2018

No. 1502

MINISTRY FOR THE ENVIRONMENT, SUSTAINABLE DEVELOPMENT AND CLIMATE CHANGE

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 Enviornment, 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.

21st December, 2018

No. 1503

ELECTRONIC INVOICING IN PUBLIC PROCUREMENT REGULATIONS, 2018

Explanatory Notes in Terms of Article 3(2)(c)

of the Small Business Act (Cap. 512)

1. Introduction

The Electronic Invoicing in Public Procurement Regulations, 2018 are being issued under the Financial Administration and Audit Act and have been prepared by the Ministry for Finance.

These regulations will regulate electronic invoices issued as a result of the performance of contracts to which the public procurement of various authorities and entities applies and which are above the threshold of €144,000.

2. Summary and background

These Regulations are required to transpose Directive 2014/55/EU of the European Parliament and of the Council of 16th April, 2014, on electronic invoicing in public procurement (the “Directive”).

The general objectives of the Directive are the removal of market barriers and obstacles to trade deriving from the existence of differing national rules and standards and ensuring interoperability.

The more specific aims of the Directive are to enable harmonisation of e-invoicing amongst Member States in order to: 

increase interoperability;

enhance cross-border procurement; 

reduce obstacles to intra-union trade; and 

improve the functioning of the internal market.   

Consultation was carried out with the following entities:

Malta Competition and Consumer Affairs Authority (MCCAA), in relation to standardisation issues;

Ministry for Economy, Investment and Small Businesses (MEIB), in relation to issues relating to the business community;

Malta Information and Technology Agency (MITA), in relation to the implementation of the e-invoicing standard in Government’s IT systems.

The proposed amendments were discussed and agreed upon by all parties.

3. Overview of the structure of the instrument

Regulation 1 establishes the title and date of commencement of the regulations.

Regulation 2 lists the definitions of terms used in the regulations.

Regulation 3 explains the scope of the regulations.

Regulation 4 lists the core elements of an electronic invoice that are to be included in every electronic invoice.

Regulation 5 requires recipients of an invoice, i.e. contracting authorities and contracting entities, to accept and process electronic invoices.

Regulation 6 makes clear that existing data protection laws also apply in the area of electronic invoicing and that the publication of personal data for transparency and accountability purposes must be in keeping with the protection of privacy.

Regulation 7 states that the regulations are without prejudice to the provisions of the Value Added Tax Act.

4. Commentary on parts and articles

In order to achieve the above objectives, a common European standard EN 16931-1:2017 for the semantic data model of the core elements of an electronic invoice (the ‘European standard on electronic invoicing’) has been developed. 

The European standard on electronic invoicing defines semantic data elements referring, in particular, to complementary seller and buyer data, process identifiers, invoice attributes, invoice item details, delivery information and payment details and terms. The core elements of an electronic invoice are to be included in every electronic invoice. This should ensure the clear and uniform application of electronic invoicing across the European Union.

These Regulations require recipients of an invoice, i.e. contracting authorities and contracting entities to accept and process electronic invoices. These Regulations are without prejudice to the right of the sender of the invoice to choose between submitting the invoice in accordance with the European standard on electronic invoicing or in paper format.

5. Concluding Section

These regulations shall come into force on 27th November, 2018.

However, it is only by 18th April, 2019, that contracting authorities and contracting entities are legally bound to be in a position to receive and process electronic invoices.

Furthermore, local councils, sub-central contracting authorities and contracting entities are legally bound to be in a position to receive and process electronic invoices by 18th April, 2020. A separate Legal Notice, the Local Councils (Financial) (Amendment) Regulations, 2018, will be enacted in this regard. They will cross-refer to the present Legal Notice. 

Annex – Transposition Notes

Government is transposing the provisions of the Directive into Maltese law by means of subsidiary legislation, namely by the current Electronic Invoicing in Public Procurement Regulations, 2018. More specifically:

N.B. This Explanatory Note is not intended to be an exhaustive description of the instrument nor a substitute thereof or a legislative supplement to it. This Note does not purport to be an authoritative ruling on the interpretation of the legislation.

21st December, 2018

No. 1504

ENVIRONMENT AND RESOURCES AUTHORITY

Instrument of Delegation under the Provisions of Article 9 of the Environment Protection Act (Chapter 549)

IN addition to the officers listed in Government Notice no. 1431 of 2018, the Environment and Resources Authority is hereby also authorising the following officers, under the conditions specified hereunder, to act on its behalf and on behalf of the Director for Compliance and Enforcement:

To exercise duties relating to monitoring, compliance and enforcement, including the right of entry into any premises, as set out in the provisions of Part VII of the Environment Protection Act, 2016:

Bajada Nicolette

Blenkey Robert Hudson

Borg Rainer

Brincat Ian

Grima Ruth

Tabone Graziella

Toscano Claudio

21st December, 2018

No. 1507

REGULATOR FOR ENERGY AND WATER SERVICES

Extension of Scheme Established by Means 

of Government Notice No. 526 of 2018

IT is hereby notified that the  scheme funded by  the Government of Malta: A grant for the Restoration of Domestic Cisterns intended for rain water harvesting – 2018/DW, established by means of Government Notice No. 526 of 2018, is being extended to 31st December, 2019. 

21st December, 2018

No. 1508

REGULATOR FOR ENERGY AND WATER SERVICES

Extension of Scheme Established by Means of Government Notice No. 527 of 2018 

IT is hereby notified that the scheme funded by  the Government of Malta: A grant for the purchase of heat pump water heater systems in the domestic sector – 2018/HPWH national call, established by means of Government Notice No. 527 of 2018, is being extended to 31st December, 2019. 

21st December, 2018

No. 1509

REGULATOR FOR ENERGY AND WATER SERVICES

Extension of Scheme Established by Means of Government Notice No. 528 of 2018 

IT is hereby notified that the scheme funded by the Government of Malta: A grant for the purchase of systems for domestic use that reduce the consumption of energy – 2018/RIDG, established by means of Government Notice No. 528 of 2018, is being extended to 31st December, 2019. 

21st December, 2018

No. 1510

REGULATOR FOR ENERGY AND WATER SERVICES

Extension of Scheme Established by Means of Government Notice No. 529 of 2018 

It is hereby notified that the scheme funded by  the Government of Malta: A grant for the purchase of solar water heater systems in the domestic sector – 2018/SWH/ national call, established by means of Government Notice No. 529 of 2018, is being extended to 31st December, 2019. 

21st December, 2018

No. 1512

GOLDSMITHS AND SILVERSMITHS ACT (CAP. 46)

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

Date Pure Gold Pure Silver

Grams Grams

21.12.2018 €35.498 €0.444

21st December, 2018