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08/10/2019

Government Notices published in Govt. Gazette No. 20,276 of 8 October 2019

No. 1234


LEGAL NOTICES PUBLISHED IN THE SUPPLEMENT  TO THE GOVERNMENT GAZETTE

IT is notified for general information that the following Legal  Notices  were  published  in  the  Supplement  to  the Government Gazette No. 20,272 of the 30th September, 2019, 20,273 of the 1st October, 2019 and 20,275 of the 4th October, 2019, respectivley.

L.N. 246 of 2019: Agricultural Leases (Reletting) Act (Cap. 199); Agricultural Leases (Amendment) Regulations, 2019.

L.N. 247 of 2019: Reletting of Urban Property (Regulation) Ordinance (Cap. 69); Proceedings of the Rent Regulation Board (Amendment) Regulations, 2019.

L.N. 248 of 2019: Education Act (Cap. 327); General Regulations for University Undergraduate Awards, 2019.

L.N. 249 of 2019: Value Added Tax Act (Cap. 406); Value Added Tax (Recapitulative Statement of Intra-Community Transactions) (Amendment) Regulations, 2019.

L.N. 250 of 2019: Value Added Tax Act (Cap. 406); Value Added Tax Act (Amendment of Third Schedule) Regulations, 2019

L.N. 251 of 2019: Value Added Tax Act (Cap. 406); Value Added Tax Act (Amendment of Second Schedule) Regulations, 2019

L.N. 252 of 2019: Value Added Tax Act (Cap. 406); Value Added Tax Act (Amendment of Eleventh Schedule) Regulations, 2019.

L.N. 253 of 2019: Value Added Tax Act (Cap. 406); Value Added Tax Act (Amendment of Fifth Schedule No. 2) Regulations, 2019.

L.N. 254 of 2019: Motor Vehicles Registration and Licensing Act (Cap. 368), Authority for Transport in Malta Act (Cap. 499); Exemption from Motor Vehicles Registration Tax (Amendment) Rules, 2019.

L.N. 255 of 2019: Commissioners for Justice Act (Cap. 291); Local Tribunals (Establishment of Tribunals and Designation of Registry, Registrar and Other Officers) (Amendment) Regulations, 2019.

L.N. 256 of 2019: Condominium Act (Cap. 398); Condominium (Amendment) Regulations, 2019.

L.N. 257 of 2019: Land Registration Act (Cap. 296); Land Registration (Amendment) Rules, 2019.

L.N. 258 of 2019: Education Act (Cap. 327); Statute for the Centre for English Language Proficiency (Amendment).

L.N. 259 of 2019: Education Act (Cap. 327); Statute for the University of Malta Argotti Botanic Gardens and Resource Centre.

L.N. 260 of 2019: Education Act (Cap. 327); Bye-Laws of 2019 to amend the Bye-Laws of 2008 in terms of the General Regulations for University Postgraduate Awards, 2008 for the Degree of Master of Arts in Financial Services – M.A. Fin. Serv. – under the auspices of the Faculty of Laws.

L.N. 261 of 2019: Education Act (Cap. 327); Doctor of Medicine and Surgery – M.D. – Degree Course (Amendment) Regulations, 2019.

L.N. 262 of 2019: Education Act (Cap. 327); Bye-Laws of 2019 to amend the Bye-Laws of 2016 in terms of the General Regulations for University Postgraduate Awards, 2008 for the Degree of Master in Teaching and Learning – MTL – under the auspices of the Faculty of Education.

8th October, 2019



No. 1235

DEVELOPMENT PLANNING ACT (CAP. 552)

Agricultural Advisory Committee

IT is notified for general information that, in terms of Articles 66 (1) and 66 (3) of the Development Planning Act, the Minister for Transport, Infrastructure and Capital Projects has appointed Mr Saviour Debono Grech as member of the Agricultural Advisory Committee with effect from the 23rd September, 2019.

8th October, 2019



No. 1236

DEVELOPMENT PLANNING ACT (CAP. 552)

Planning Board of the Planning Authority

IN terms of Article 63(2)(b) of the Development Planning Act, the Minister for Transport, Infrastructure and Capital Projects has approved the appointment of Mr Karl Attard and of Mr Alfred Pule to serve as Members of the Planning Board with effect from 2nd October, 2019, up to 3rd April, 2022. 

8th October, 2019



No. 1237

COMMISSIONER FOR OLDER PERSONS ACT, 2016 (Cap. 553)

Council for Older Persons

IT is hereby notified for general information that in exercise of the powers conferred by section 12 (1) of the Commissioner for Older Persons Act of 2016 (Cap. 553), and for the purpose of this Act, the Minister for the Family, Children’s Rights and Social Solidarity has appointed Ms Salvina Muscat as member of the Council for Older Persons instead of Mr Godfrey Xuereb.

This appointment shall remain valid until 2nd June, 2020.

8th October, 2019



No. 1238

SOCIAL SECURITY ACT (CAP. 318)

Appointment of Umpires

IN exercise of the powers conferred by section 107 of the Social Security Act (Cap. 318), the Minister for the Family, Children’s Rights and Social Solidarity is pleased to appoint Dr Simon Micallef Stafrace, LL.D. to be Umpire for the purposes of the said Act. 

This appointment is for a period of one year with effect from 18th October, 2019.

8th October, 2019


No. 1239

PSYCHOLOGY PROFESSION ACT (CAP. 471)

Malta Psychology Profession Board

IT is hereby notified for general information that in exercise of the powers conferred by section 4 of the Psychology Profession Act (Cap. 471), and for the purpose of that Act, the Minister for the Family, Children’s Rights and Social Solidarity has approved the appointment of Dr Mario Caruana, LL.D as member of the Malta Psychology Profession Board instead of Dr Mario Caruana, LL.D.

This appointment shall remain valid until 2nd April, 2021. 

8th October, 2019



No. 1240

MINISTRY FOR JUSTICE, CULTURE AND LOCAL GOVERNMENT

Fondazzjoni Kreattività Board

IT is notified that the Minister for Justice, Culture and Local Government has approved the appointment of Mr Edward Bonello to sit on the Fondazzjoni Kreattività Board as Member. This appointment is valid for three (3) year as from 2nd October, 2019. 

8th October, 2019



No. 1241

APPOINTMENT OF THE DRUG OFFENDERS REHABILITATION BOARD

IT is hereby notified for general information that, in exercise of the powers vested in him by article 6 (1) of the Drug Dependence (Treatment not Imprisonment) Act, the Minister for Justice, Culture and Local Government has appointed the following to form part of the Drug Offenders Rehabilitation Board.

Chairperson
The Hon. Emeritus Dr Giovanni Bonello

Members
Ms Romina Baldwin
Ms Mariella Camilleri

Secretary
Ms Dolores Sultana
This appointment is valid for two (2) years as from 29th February, 2019.

Member
Ms Aloisia Camilleri

This appointment is valid for two (2) years as from 5th April, 2019.

8th October, 2019



No. 1242

RESUMPTION OF DUTIES OF DIRECTOR GENERAL (COMMERCE)

MR Godwin Warr, Director General (Commerce), resumed duties on 7th October, 2019 and the arrangements referred to in Government Notice No. 1186 of 27th September, 2019, are hereby being cancelled.                        

8th October, 2019



No. 1243

APPOINTMENT OF ACTING DIRECTOR GENERAL (CUSTOMS)

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

NAME         POSITION DEPARTMENT DATE
Ms Marisa Hewer Director General Customs 1 - 2.10.2019, 7 - 11.10.2019

8th October, 2019



No. 1244

APPOINTMENT OF ACTING DIRECTOR GENERAL (CUSTOMS)
THE Permanent Secretary in the Ministry for Finance has approved the following acting appointment:

NAME         POSITION DEPARTMENT DATE
Mr Ian Muscat Director General Customs 3 - 4.10.2019

8th October, 2019



No. 1245

APPOINTMENT OF ACTING REGISTRAR GOZO COURTS AND TRIBUNALS


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

NAME POSITION DEPARTMENT DATE
Ms Eunice Maria Fiorini Acting Registrar Gozo Courts and Tribunals Courts of Justice 8.10.2019

8th October, 2019



No. 1246

APPOINTMENT OF ACTING DIRECTOR (PROBATION AND PAROLE)


THE Permanent Secretary in the Ministry for Home Affairs and National Security has approved the following acting appointment:

NAME POSITION DEPARTMENT DATE
Mr Mark Seychell Director Probation and Parole 22.10.2019-24.10.2019

8th October, 2019



No. 1247

NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT (CAP. 55)

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 Ruth Antoinette Antoncich to be Notary delegate and keeper of the Acts for Notary Dr Francesca Portelli for the period between the 8th October, 2019, and the 19th October, 2019.

Today, the 3rd day of October, 2019. 

JANET CALLEJA
Deputy Registrar, Court of Revision of Notarial Acts



No. 1248

NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT (CAP. 55)

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 Hans Karl Attard to be Notary delegate and keeper of the Acts for Notary Dr Pierre Attard for the period between the 1st October, 2019, and the 24th October, 2019.

Today, the 3rd day of October, 2019. 

JANET CALLEJA
Deputy Registrar, Court of Revision of Notarial Acts



No. 1249

APPOINTMENT OF ACTING DIRECTOR PUBLIC REGISTRY (GOZO)

THE Permanent Secretary, Ministry for Gozo has approved the appointment as Acting Director Public Registry (Gozo) of Dr Josepha Erica Farrugia on 26th September, 2019.

8th October, 2019





No. 1250           

LOCAL COUNCIL EXECUTIVE SECRETARY

IT is hereby notified for general information that the   following   person   has   been   appointed  Executive Secretary of that Local Council with effect from 1st October, 2019:

Local Council Executive Secretary

Ħamrun Daniel Bugeja

8th October, 2019



No. 1251           

LOCAL COUNCIL DEPUTY EXECUTIVE SECRETARY

IT is hereby notified for general information that the   following   person   has   been   appointed Deputy  Executive  Secretary  of  that  Local  Council from 9th October, 2019:

Local Council Deputy Executive Secretary

Floriana                          Emmanie Borg Bonaci

8th October, 2019



No. 1252

LOCAL COUNCIL ACTING EXECUTIVE SECRETARY 

IT is hereby notified for general information that the following person has been appointed Acting Executive Secretary of that Local Council with effect from 5th October 2019: 

Local Council Executive Secretary 

Birkirkara Neil Spiteri

8th October, 2019


No. 1253

NOTICE IN TERMS OF THE PRIVATE GUARDS AND COMMUNITY OFFICERS (CAP. 389)

THE Commissioner of Police, in terms of articles 7 and 8 of the Private Guards and Community Officers Act 1996, hereby notifies that the following applications as mentioned hereunder have been received:

Application for licence of Private Guards

Name and Surname Identity Card No Address
Joseph Sant 500672M 64, Flat 1, Triq Snajjin, Il-Mellieħa
Josephine Galea 392186M Crystal Bldg, Flat 10, Triq Dun Ġużepp Gonzi, Ħal Tarxien
Michaela Farrugia 248698M 27, Mon Dieu, Triq l-Aħwa Zammit, Ħal Qormi
Filofteia Anica Jennifer K/a Filofteia Galea 592192M 71, Galfor, Triq San Pawl tal-Pitkali, Ħad-Dingli
Domenic Camilleri 514881M 104, Triq Ċensu Bugeja, Il-Ħamrun
Francis Bonanno 474380M 376, Da Vinci Crt, Bayern, Triq Ta’ Masrija, Il-Mellieħa
Davor Sojanovski 231383A Holiday Home, Flat 8, Triq il-Marlozz, Il-Mellieħa
Hind Cutajar 515812L Dolmen Crt, Flat 8, 
Triq Dun Karm Vella, Ħal Safi
Anna Bonanno 598259M 5, Sunrise, Triq Dun A. Gambin, Santa Luċija
Cathleen Buttigieg 394183M 41, Dar ir-Redentur, Triq San Pawl, Ħal Għaxaq
Spiridione K/a Dione Gauci 657056M 47, La Petite Fleur, Flat 1, Triq l-Iskola, Ħal Safi
Joseph Schembri 54366M 12, Divine Mercy, Vjal il-Labour, Ħal Għaxaq
Gordon George Formosa 10897G Joswell Crt, Flat 1, Triq Wied is-Seqer, Ir-Rabat
Oliver Anthony Scicluna 617258M 55, Montvale Crt Blk D, Flat 7, Triq Apap Bologna, Marsaskala
Romina Sciberras 479973M 18, Blk B P/H 12, Triq l-Argotti, Il-Furjana
Dalibor Ciric 131970A 41, Broadway Flat 1, Triq ir-Rebbiegħa, San Pawl il-Baħar
Sharif Abdusalam Abdo 9000801A 36, Triq Zammit Clapp, Tal-Pietà
Vincenzo Centino 171295A Tal-Grazzja Crt, Blk B, Flat 2, Triq il-Qbajjar, Iż-Żebbuġ, Għawdex
Natasha Mizzi 417074M Blk K Flat 3, Triq Tal-Fieres, Ħal Kirkop
Terence Grech 245473M 7, Triq l-Imdina Sqaq Nru. 1, In-Naxxar
Bikesh Ghimire 206827A 45, Longline, Flat 2, Triq Hompesch, Iż-Żurrieq
Brandon Axisa 341393M 56, Gardenia, Triq il-Port Ruman, Marsaxlokk
Christian Muscat 417492M 38, La Paloma, Triq San Duminku, Iż-Żejtun
Carmelo Scerri 96067M 6, St. Joseph, Triq is-Salib, Is-Siġġiewi
Mark Attard 616363M Blk 10, Bieb 9, Flat 3, Triq Gardenja, Santa Luċija
Joseph Ellul 381380M 176, Hunters’ Lodge, Triq il-Mitħna l-Ġdida, Il-Mellieħa
Felexia Tabone 112683M 124, Love of God, Triq Ħal Luqa, Ħal Tarxien
Trevor Agius 10275M Shalom, Triq il-Baruni V. Azzopardi, Ħaż-Żebbuġ
Christian Gauci 51786M My Nest, Triq l-Aħrax, Limiti tal-Mellieħa
Josephine Zammit 99661M Blk 16, Bieb A, Flat 1, Triq l-Iskola, San Ġwann
Darren Pisani 353585M Winter Crt, Flat 3, Triq il-Foss, Paola
Nenad Srdic 559216L Blk B, Flat 11, Triq Bertha K. Ilg, San Ġiljan
Richard Vidal 485172M 15, Edrich, Triq San Ġakmu, Ħal Luqa
Joswel Fsadni 114901L 33, St Antnin, Triq Ta’ Franton, Ir-Rabat
Elton Oliva 42098M 45, Paolo Pace Apts, Flat 5, Triq San Ġużepp, Il-Belt Valletta
Nazareno Agius 62056M 17, Triq il-Kungress Ewkaristiku, Il-Mosta
Clyde Agius 397190M Coral Crt, Flat 1, Triq id-Demnuq, Is-Siġġiewi
Abdiwahab Ali Mahamoud 66083A 44, Triq it-Torri, L-Imsida
Jasmina Stanojevic 186996A 12A, Triq il-Mazzola, San Pawl il-Baħar
Jan Marlowe Bagas Montejo 192298A Loumar, Flat 9, Triq il-Qalb ta’ Ġesù, San Pawl il-Baħar
Ahmed M Asd Almoghrbi 145956A 75, High End, Triq Edgar Bernard, Il-Gżira
Christian Attard 126582M Champ De Clau, Triq l-Aħrax tal-Madonna, Limiti tal-Mellieħa
Kurstin Seisun 264197M Sunrise, Flat 3, Triq il-Knisja, Paola
Clinton Seisun 59885M 103, Elvis, Triq Ta’ Ġawhar, Ħal Safi
Kevin Seisun 558478M 89, Redeemer, Flat 4, Triq Misraħ il-Barrieri, Santa Venera
Janice Cassar 432789M 61, Sunflower, Crt P/H 3, Triq il-Ħtajriet, Il-Mosta
Darko Majkic 195863A KNK, Flat 9 C, Triq l-Ilma, Is-Swieqi
Marvic (Maria Victoria) Mallia 221270M Binja Msieraħ, Ent. A, Flat 9, Triq Ismek Tifrieħek, San Ġwann
Salvina Magro 395071M 125, Triq Wied il-Buni, Birżebbuġa
Madhab Bhandari 213919A 215, Flat 2, Triq Burmarrad, San Pawl il-Baħar
Rodianne Buhagiar 359298M 106, Joereen, Triq ix-Xgħajra, Ħaż-Żabbar
Michelle Caruana 466077M 147, Versailles, Triq Sant’Antnin, Il-Fgura.
Eugene Vassallo 659459M 7, Triq il-Geranju, Il-Fgura
Kevin Vella 334875M Silver Springs, Blk D, Flat 8, Triq l-Immakulata Kunċizzjoni, Ħaż-Żabbar
Raymond Paris 276961M 11, Chantilly, Triq il-Vlontin, Birkirkara
George Farrugia 424370M 97, Robert’s Crt, Flat 19, Triq J. Quintinus, San Pawl il-Baħar
Lilian (Emanuela) Mifsud 189075M Forth Mans, Blk A, Flat 8, Ix-Xatt Ta’ Xbiex, Ta’ Xbiex
Ranier Debono 164196M 123, Geornat, Triq il-Kummerċ, Ħal Qormi
Jason Navarro 89877M 106, Navarro, Flat 2, Triq il-Qroqq, L-Imsida
Rakic Suzana 105903A Sunflower Crt, Flat 5, Triq il-Mazzola, San Pawl il-Baħar
Hugo Miguel Ribeiro Fidalgo 233239A 71, Drewton Crt, Flat 4, Triq Toni Bajada, San Pawl il-Baħar
Maria-Helena Zammit 278469M 2, Triq il-Wilġa, Ħal Luqa
Sandra Busuttil 455684M 30, Redeemer, Triq it-Tumbarellu, Ħal Għaxaq
Ariane Joan Busuttil 140790M 24 Sea Stallion, Triq l-Armier, Iż-Żejtun
David Borg 396286M 25, Flat 4, Triq il-Punent, Il-Belt Valletta.
Dennis Stephen Farrugia 471992M 9 MTP Estates, Triq Dun Karm, Birkirkara
Antoinette Camilleri 424071M 246, Shalom, Flat 5, Triq it-Tabib Nikol Zammit, Is-Siġġiewi
Josef Zanotti 511093M 33, Triq il-Qamħ, Il-Mellieħa
Aron Galea 435499M Janaire Crt Flat 5, Triq l-Isqof Ferdinand Mattei, Iż-Żejtun

Any person may, within one month from the publication of this notice, object in writing to the Commissioner about the issue of the above licences on any of the grounds listed in section 10 of the Private Guards and Community Officers Act 1996, which are:

(a) where the applicant or any officer of the applicant or any person who has an effective control of the services to be provided by the applicant.

(i) has been convicted in Malta or elsewhere of any crime against the safety of the state, or of any crime of voluntary harm or injury to any person or any crime against property or public trust or any other serious crime; or

(ii) has been declared bankrupt or his financial position is precarious or otherwise renders the applicant unsuitable; or

(iii) has been discharged from the police or armed forces or the prison services because of any offence or other misbehaviour; or

(iv) is a public officer or a member of the police or armed forces or the prison services; or

(b) when information is available which is in the public interest; or

(c) where the applicant does not possess the necessary qualifications as may be prescribed by or under the Act.

8th October, 2019



No. 1254

LOCAL GOVERNMENT ACT (CAP. 363)

THE Electoral Commission notifies that the candidate elected as Councillor in the casual election held on Monday, 7th October, 2019 for the Local Council of Ħal Safi to fill the post vacated by Ms Janice Azzopardi is that whose name is shown hereunder:

COCKER MARK

J. CHURCH
Chief Electoral Commissioner

Office of the Electoral Commission,
Evans Building,
Merchants Street,
Il-Belt Valletta.

8th October, 2019



No. 1255

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 Consul 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
8.10.2019 €44.536 €0.546

8th October, 2019



No. 1256

COPYRIGHT BOARD

Chairman: Adv. Dr Ivan Sammut, MA (Fin. Serv.), LL.D.
Members: Mr Frederick Cutajar
          Ms Stephanie Pace Hili

27th August, 2019

Decision

Upon a demand made by the organisation Malta Reproduction Rights Organisation (MRRO) of 68, Carmelites Street, Sta Venera SVR 1724, Malta, as represented by Dr Christopher Gruppetta, presented on 26th November, 2018.

1. In virtue of the said request the approval was requested of Malta Reproduction Rights Organisation (MRRO) as a collecting society or a collective management organisation under the Copyright Act (Cap 415 Laws of Malta) and Article 8 (2) of the Control of the Establishment and Operation of Societies for the Collective Administration of Copyright Regulations (Subsidiary legislation 415.01 of the Laws of Malta) 

2. Together with the applicant’s request, a copy of the statute of the organisation was presented, where in Clause 8 there are the detailed regulations of the organisation’s system for the collection and distribution of fees and a letter dated 28 September 2018 issued by the National Book Council were the same Council stated that it officially recognizes this organisation as a collective management organization and is trusted as such . With the request it was also declared that the number of persons who entrusted MRRO with the administration of their economic rights for the collection of license fees are three (3), namely: (1) Midsea Books/Klabb Kotba Maltin, (2) Merlin Publishers Ltd., and (3) Book Distributors Ltd.

3. As specifically requested by the Board, on the 8 February 2019 MRRO submitted inter alia:

(a) the regulations of the collective management organisation concerning the system of collection and distribution of fees and equitable remuneration;

(b)1

1This requirement in terms of Article 8 (2) of the Regulations on the Control of the Establishment and Operation of Societies for the Collective Administration of Copyright (Subsidiary Legislation 415.01 of the Laws of Malta) was already submitted with the request dated 26 November 2018.

(c) a note re the proposed tariff of all royalties that are to be collected by the collective management organisation;

(d) a declaration stating the number of persons who have entrusted or undertaken to entrust the collective management organisation with the administration of their economic rights at the time of the said declaration;

(e) a note with a list of contracts with other foreign or local collective management organisations regarding the administration of rights;

(f) the contact details, including a postal address, fax number or e-mail address, telephone number and the legal address if this is not the same as the postal address, for the purpose of receiving complaints or requests for information;

(g) the amount due for the approval of the request of a collective management organisation.

4. Following the clarifications requested, on the 20 May 2019 the organization MRRO submitted to the Board the Tariff that will be charged in terms of subarticle (c) of Article 8 (2) of the Control of the Establishment and Operation of Societies for the Collective Administration of Copyright Regulations (Subsidiary Legislation 415.01 of the Laws of Malta). MRRO submitted that “The proposed tariff of royalties to be collected is €2.00 per student, per scholastic year. The tariff referred to entitles each school covered by the license agreement to make copies up to 5% of the content of any book published in Malta, or a single chapter, whichever is greater, according to terms of the Agreement signed between MRRO and schools or their representatives. The charge above is valid throughout 2019 and 2020.”

5. By Government Notice number 705 published in the Government Gazette number 20,214 of the 18th June, 2019, the Board according to the law, published the organisation MRRO’s request and its proposed tariff, and gave notice that prospective users may object within sixty days from publication. On the 20 June 2019 the notice was also published in accordance to law in two local newspapers which referred to the publication of the request and tariffs in the said Government Gazette. 

6. Within the period of sixty days, and thereafter, no objection was filed by prospective users or their representatives.

Considerations 

7. The statute and regulations of Malta Reproduction Rights Organization (MRRO) are regular.

8. The Malta Reproduction Rights Organization (MRRO) was constituted in Malta on the 29 October 2018 with the objective of operating as a collecting society and manage the reproduction and reprographic rights on behalf of those publishers and its member authors with the aim of collecting their license fees.

9. From the documents submitted, the MRRO has:


a) the capacity and reliability required to exercise the activity of collecting society or a collective management organisation;

b) the capacity that it can carry out its functions, the economic and technical means, as well as appropriate staff.

10. It also results that the number of persons who entrusted the organisation MRRO to administer their economic rights to collect their license fees are:

a) Midsea Books/Klabb Kotba Maltin; 

b) Merlin Publishers Ltd; and 

c) Book Distributors Ltd.

These are three major publishers in Malta. Besides in addition to the request, the organisation MRRO submitted a letter dated 28th September, 2018 issued by the National Book Council, where the same Council declared that it is recognizing officially this organization as an collective management organisation and is trusted as such.

In the mentioned letter of the National Book Council, it results that there are ongoing negotiations between the founders of MRRO, the same National Book Council and the Ministry of Education and Employment, to possibly reach agreement on the rights of book distribution in schools. The possibility of an agreement also results from the Tariffs submitted to the Board by the same MRRO, where it refers to “the terms of the Agreement signed between the MRRO and schools or their representatives”. Once such an agreement is reached, the volume of potential users of works under the administration of MRRO will be numerous, since this could reach many schools, if not all schools.

11. According to the Statute of the MRRO:

“4. (a) There are two categories of membership within MRRO. These are:

(i) Associate members. The following individuals and/or entities may join as Associate members:

(1) Any publisher registered in or operating from Malta. For the purposes of this Clause, a publisher shall mean any company, partnership or individual whose primary line of business is the publication of books, and that for the past five (5) years has published a minimum of ten (10) books per year;

(2) Any author, or assoc
iation of authors, or estate of an author, of works likely to be reproduced by reprography;

(ii) Affiliate members. Affiliate members are those individuals and/or entities who do not qualify to register as Associate members as per Clause 4(a)(i) above, but who have received payments from licences from MRRO.

Provided that upon signature of this present Agreement, all signatories shall in the interim period until Associate and/or Affiliate members are registered, be deemed to be Associate members.

(a) Associate members are entitled to:

(i) Receive a yearly account of all monies and fees received in, and paid out, by MRRO;

(ii) Examine any documents held by MRRO, on request and within a maximum of two (2) weeks from said request being made in writing.

(b) Any member may terminate his membership in MRRO by giving four (4) weeks’ notice in writing to the Organisation;

(c) Any member who no longer fulfils the conditions of membership, shall have his membership automatically terminated at the end of the year during which said conditions cease to be fulfilled.
...

6. (a) The MRRO shall be administered by a Committee: 

(i) The Committee shall consist of a Chair and two (2) members, selected by simple majority vote from among the Associate Members of the Organisation;

(ii) At least two (2) of the three Committee members shall be publishers who are Associate Members of the Organisation;

(iii) The Committee shall be appointed for a duration of two (2) years.

(b) The Committee shall meet at least once every four (4) months, and minutes of each Committee meeting must be kept.
7. Any expenses incurred by MRRO in the exercise of its functions and duties, will be paid for from the received licence fees, prior to said fees having been distributed to the recipients; to this effect, a sum equivalent to one percent (1%) of the licence fees received by MRRO will be retained in a bank account held in the name of MRRO, which funds and bank account shall be administered by the Committee.

8. (a) After deducting the sums necessary for the administration of MRRO as per Clause 7, all monies and fees collected by MRRO shall be distributed on the basis of the reprographic reproductions of each work, measured by surveys, samplings or statements of the users. Such distribution will be made on such date and for the collection periods as decided by the Committee, but in any case not later than one year after the last distribution date;

For the purposes of this Agreement, “work” shall mean a book whether printed or electronic;

(b) The monies and fees collected for each work shall be paid out as follows: 

(i) By default, they shall be divided equally between the work’s publisher and author;

(ii) Where there is more than one author of a work, the author’s half will be divided equally between all its authors;

(iii) For the purposes of this sub-Clause, in the case of an anthology the work’s editor shall be deemed to be one of its authors;

(iv) In the case of a self-published work, the entire amount due for said work will be payable to the author;

(v) In the case of a work where no author is listed, the entire amount due for said work will be payable to the publisher.”

12. It appears from the foregoing that the organisation MRRO possesses the capacity and reliability necessary for the exercise of the activity as a collecting society.

13. Apart that there was no objection to the tariffs proposed by MRRO, these charges do not appear to be unacceptable. It also follows that from the proposed fee of €2.00 per student, for each scholastic year, the monetary advantage to be derived from the exploitation of the protected work is normal compared to the proportion of how much work is used in total exploitation. In this regard the Board also took into account the category and nature of users involved, including the type of business and the cultural and social element involved.

Conclusion

14. The Board, after having seen the acts and documents referred to above, and after making the stated considerations:

(a) accedes to the organisation MRRO’s request, and approves the Malta Reproduction Rights Organization (MRRO) as a collecting society or a collective management organisation and,

(b) Orders:

(i) that a copy of this decision and approved tariff be sent to the said organisation,

(ii) that a copy of this decision and tariff be published in the Government Gazette; and

(iii) the fees and expenses of this publication in the Gazette, as well as those of the proceedings before this Board be paid by MRRO.

Adv. Ivan Sammut Chairman
Mr Frederick Cutajar Member
Ms Stephanie Pace Hili Member



No. 1257

CONDOMINIUM ACT (CAP. 398)

NOTICE is hereby given that I have received an application for the registration of and/or amendment to rules regulating the following condominia:
Condominium Number Address of Condominium Remarks Date of Registration
3223 9, The Bridge, Triq Dr Ġużè Miceli, 
Il-Gżira Registration of Rules 05/09/2019
3235 222, Triq Leli Falzon, In-Naxxar Registration of Rules 13/09/2019
2359 The Muses Residence, Harmonica Court, Triq John Delia, Ħaż-Żabbar Registration of Rules 09/09/2019
3248 45, Triq l-Empire Stadium, Il-Gżira Registration of Rules 24/09/2019

Dr Claude Sapiano, LLD
Acting Land Registrar

8th October, 2019






No. 1259

MINISTRY FOR ENERGY AND WATER MANAGEMENT

Promotion of Energy Audits in Small and Medium Sized Enterprises Scheme – Scheme A Applications under the De Minimis Regulation (Commission Regulation No. 1407/2013)

Scheme A Amendment

WITH reference to Government Notice No. 408 published in the Government Gazette No. 19,974 of the 6th April, 2018, as amended by Government Notice No. 485 published in the Government Gazette No. 19,982 of the 24th April, 2018, it is notified that in the second paragraph of Point 1. Scheme Description, the sentences:

“After reviewing the Application, the Agency will inform the enterprise through a letter of notification whether it can proceed with the audit. The audit is to be presented to the Agency within 6 months from the date of the letter of notification issued. Once the energy audit is complete and submitted to the Energy and Water Agency, the latter will ensure that the report meets the minimum requirements as detailed in the Schedule. Post verification of the audit, the single undertaking will then receive payment for the energy audit exercise based on the original fiscal receipt forwarded to the Agency indicating the actual cost of the energy audit. The amount refunded will be capped as shown in Section 4.”

Are replaced with:

“After reviewing the Application, the Agency will inform the enterprise through a letter of notification whether it can proceed with the audit. The audit is to be presented to the Agency within 6 months from the date of the letter of notification issued, provided that the Agency may, at its discretion, grant a one-time only extension to this period upon request from the enterprise. Once the energy audit is complete and submitted to the Energy and Water Agency, the latter will ensure that the report meets the minimum requirements as detailed in the Schedule. Post verification of the audit, the single undertaking will then receive payment for the energy audit exercise based on the original fiscal receipt forwarded to the Agency indicating the actual cost of the energy audit. The amount refunded will be capped as shown in Section 4.”

8th October, 2019



No. 1260

MINISTRY FOR ENERGY AND WATER MANAGEMENT

Promotion of Energy Audits in Small and Medium Sized Enterprises Scheme – Scheme B

Applications under the General Block Exemption Regulation

Scheme B Amendment

WITH reference to Government Notice No. 409 published in the Government Gazette No. 19,974 of the 6th April, 2018, as amended by Government Notice No. 486 published in the Government Gazette No. 19,982 of the 24th April, 2018, it is notified that in the second paragraph of Point 1. Scheme Description, the sentences:

“After reviewing the Application, the Agency will inform the enterprise through a letter of notification whether it can proceed with the audit. The audit is to be presented to the Agency within 6 months from the date of the letter of notification issued. Once the energy audit is complete and submitted to the Energy and Water Agency, the latter will ensure that the report meets the minimum requirements as detailed in the Schedule. Post verification of audit, the enterprise will then receive payment for the energy audit exercise based on the original fiscal receipt forwarded to the Agency indicating the actual cost of the energy audit. The amount refunded will be capped as shown in Section 4.”
Are replaced with:

“After reviewing the Application, the Agency will inform the enterprise through a letter of notification whether it can proceed with the audit. The audit is to be presented to the Agency within 6 months from the date of the letter of notification issued, provided that the Agency may, at its discretion, grant a one-time only extension to this period upon request from the enterprise. Once the energy audit is complete and submitted to the Energy and Water Agency, the latter will ensure that the report meets the minimum requirements as detailed in the Schedule. Post verification of audit, the enterprise will then receive payment for the energy audit exercise based on the original fiscal receipt forwarded to the Agency indicating the actual cost of the energy audit. The amount refunded will be capped as shown in Section 4.”

8th October, 2019



No. 1261

CULTURAL HERITAGE ACT 2019 (CAP. 445)

Declaration of Xlendi Underwater Archaeological Park

THE Superintendence of Cultural Heritage is hereby declaring the site mentioned hereunder as included in the list of protected sites, in terms of the Cultural Heritage Act 2019 (Cap 445), Article 45. 

Site Position (within the following co-ordinates)
Xlendi Underwater Archaeological Park 
South Eastern corner: 
36.022733°N  
14.208227°E

North Eastern corner: 
36.025438°N  
14.210470°E

North Western corner: 
36.027291°N  
14.204977°E

South Western corner:
36.025308°N  
14.203589°E

The Superintendence of Cultural Heritage will exercise its powers to ensure the protection of the site, as provided by the Cultural Heritage Act 2019 as regards to cultural heritage.

Access to the site mentioned above shall be subject to permission from (uchu@heritagemalta.org) and (heritage.sch@gov.mt).

8th October, 2019