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No. 1514

ARMED FORCES OF MALTA (REGULAR FORCE)

THE President of Malta has the pleasure to approve the transfer of the undermentioned officers from the Regular Force of the Armed Forces of Malta to the Individual Reserve Force, on retirement, with effect from the date as shown against their names.

Major Stefan Camilleri                  5th January, 2021

Major Carmelo Mangion               6th January, 2021

Major Ivan Marmara                      8th January, 2021

Captain Angelic Galea                   5th January, 2021

Lieutenant Norbert Muscat            10th January, 2021

31st December, 2020

No. 1515

DIFFERENT CONDITIONS RELATING TO MANDATORY QUARANTINE

Period of Quarantine Order, 2020

The Superintendent of Public Health notifies that in accordance with article 2 (1) of the Period of Quarantine Order, 2020, the quarantine of the person travelling from Los Angeles (Los Angeles International Airport), United States of America, on the 28th December, 2020, with connection from Amsterdam (Amsterdam Airport Schipol), Netherlands, on the 29th December, 2020, with scheduled arrival in Malta at 14.30hrs, shall be subject to those conditions of quarantine as communicated to her by the Superintendent.

31st December, 2020

No. 1516

MINISTRY FOR TRANSPORT, INFRASTRUCTURE AND CAPITAL PROJECTS

Government Grant on the Purchase of Wheelchair Accessible Vehicles to be used

as Taxis or Vehicles for Hire with a Driver

or Passenger Transport Vehicles

IN terms of the provisions of paragraphs 8 and 9 of the Government Notice No. 418 published in the Government Gazette No. 20,394 dated 24th April, 2020, the Minister for Transport, Infrastructure and Capital Projects is extending this grant scheme until an additional amount of grants reaches the amount of €70,000. Once this amount is reached, the scheme, as extended, will be automatically terminated.

The interpretation and all other provisions under the scheme as having been published in the Notice No. 418 of the 24th April, 2020, referred to shall continue to apply till the termination of this scheme as stipulated in paragraph 8 of the same Notice except for the amount of '€60,000' which is being substituted by the amount '€70,000'.

The public is hereby being notified that all applications relative to this scheme which have been submitted under this scheme shall be deemed to be valid applications until the sum of €70,000 has been reached.

31st December, 2020

No. 1517

MINISTRY FOR TRANSPORT, INFRASTRUCTURE AND CAPITAL PROJECTS

Government Grants Scheme for the Purchase of Electric Vehicles, Electric Motorcycles, Electric Mopeds, Electric Tricycles and Pedal Electric Bicycles (Pedelec) for Private Individuals, Local Councils, Non-government Organisations, Businesses and Private Companies

IN terms of the provisions of paragraphs 8 and 10 of the Government Notice No. 420 published in the Government Gazette No. 20,394 dated 24th April 2020, the Minister for Transport Infrastructure and Capital Projects is extending this grant scheme until an additional amount of grants reaches the amount of €2,900,000 in the case of electric vehicles and electric quadricycles and €140,000 in the case of pedelecs. Once this amount is reached, the scheme, as extended, will be automatically terminated.

The interpretation and all other provisions under the scheme as having been published in the Notice No. 420 of the 24th April, 2020, referred to shall continue to apply till the termination of this scheme as stipulated in paragraph 8 of the same Notice except for the amount of '€1,500,000' which is being substituted by the amount '€2,900,000 and the amount of €100,000 which is being substituted by the amount of €140,000'.

The public is hereby being notified that all applications relative to this scheme which have been submitted under this scheme shall be deemed to be valid applications until the sum of €2,900,000 in the case of electric vehicles and electric quadricycles and €140,000 in the case of pedelecs has been reached.

31st December, 2020

No. 1518

MINISTRY FOR FINANCE AND EMPLOYMENT

Assistance to Church and Independent Schools related to Capital expenditure in the Implementation of Educational Reforms for All Children to Succeed

IN ACCORDANCE with the provisions of Section 8 of Government Notice. 826, 'Assistance to Church and Independent Schools related to Capital expenditure in the Implementation of Educational Reforms for All Children to Succeed' which was published on the 10th of July, 2018, in Government Gazette number 20,203, the Ministry for Finance and Employment, together with the Ministry for Education are notifying the public that the grant scheme is being renewed for a period of two years, up to 31st December, 2022.

This scheme aims to provide assistance to Church and Independent Schools with regards to capital expenditure related to the implementation of the 'Transition from Primary to Secondary School Reform', so that students in these schools may also benefit from the highest quality of educational environment.

1. Interpretation

In this scheme, unless the context otherwise requires:

'applicant' means a person, who on the date of application is officially recognised as the Head of the Church School or Independent School, or temporarily acting in that capacity, in which school the works of a capital nature are to be carried out, and on whose behalf such person is applying for the assistance which may be granted under this scheme;

'effective date' means 1st January 2021;

'Malta' means the Maltese Islands;

'fiscal receipt' means a receipt as defined in the Thirteenth Schedule to the Value Added Tax (Cap. 406), as subsequently amended, and also includes any regulation made by the same Act;

'church school' means:

(i) an institution the resources of which, both of person and of things, are ordained towards the promotion of the education and training of other persons through the dissemination of knowledge in accordance with article 2 of the Educational Act (Cap327); and

(ii) an institution that is authorized by the Bishops in Ordinary of Malta to operate as church school in accordance with article 20 of the Education Act (Cap. 327); and

(iii) an institution providing compulsory education at primary and/or secondary level/s; and

(iv) an institution which already has a valid license to operate as a school in full compliance of educational Act (Cap. 327) at the time of application for the Grant;

'independent school' means:

(i) an institution the resources of which, both of person and of things, are ordained towards the promotion of the education and training of other persons through the dissemination of knowledge in accordance with article 2 of the Education Act (Cap 327); and

(ii) an institution providing compulsory education at primary and/or secondary level/s; and

(iii) an institution which already has a valid license to operate as a school, in full compliance of the Education Act (Cap. 327) at the time of application for the Grant;

'works of a capital nature' means:

Works of a capital nature and services directly related, undertaken to directly improve the quality of teaching and learning. These may include the construction/upgrading and completion phase incurred in order for a school to extend its teaching services in the primary or secondary level, as may be required, and directly related services such as architect fees, Planning Authority (PA) processing fees, consultancy fees originally envisaged in the planning stages of the works of a capital nature, etc. Such works may include buildings works, and the fixture of the apertures and the electrical and plumbing installations. Such works may also include the complete furnishing of the related extension or other parts of the school, which among other things include the chairs, the tables, the whiteboards, the shelves, the computers, the playgrounds and sports facilities and other items, without which, the extension of the school would not be recognised as having reached the required standard as requested. Such works and services have to be approved by the Directorate for Quality and Standards in Education. In the case of Church schools, such works need to be authorised as well by the Bishops Ordinary of Malta.

2. Area of applicability

This scheme relates to the works of a capital nature incurred by a Church or Independent school and which works of a capital nature were carried out from the effective date or afterwards and completed by the end of December 2022.

3. Expenditure to be reported

The expenditure to be reported is in respect of works of a capital nature as defined in section one (1) of this scheme.

4. Manner of application and supporting documents required:

(i) Applications under this scheme are to be made on the form set out in the schedule to this scheme and to contain all the information, details and documents as required in the said form and in terms of this scheme.

(ii) Applications are to be accompanied by the documents shown hereunder:

(a) a copy of the identity card of the applicant or, in the absence of an identity card, any other official document;

(b) both the original fiscal receipt/s and the commercial invoices authenticated by the Head of School, and by a warranted architect where applicable, relating to the works of a capital nature as defined in Clause one (1) of this Scheme. In the case where the supplier of goods/services is exempted from issuing a fiscal receipt an endorsed statement to this effect is to be supplied by the supplier together with the commercial invoices;

In the case of school furniture and equipment referred to in the interpretation of 'works of a capital nature', not purchased in Malta, the original invoices of the purchase of such items issued by the supplier together with the delivery note/s, the original documentary proof that final payment has been affected, and clearance from MaltaPost/Department of Customs Malta, as may be required. These documents must confirm that such items were really purchased; the expenditure costs, and which costs include duty and VAT as may be required, were really paid in full; and that such purchase was affected by the school applying for the grant under this scheme for the same school. Such purchased items must also conform to EU standard safety regulations, as may be required.

These documents are to be endorsed by the Head of School;

(c) where applicable, an official certificate issued by the warranted architect confirming that the eligible works of a capital nature as described in the application form are in conformity with all the existing regulations and laws, and in accordance with the necessary permits issued by PA, as well as the consent of third parties, if and as may be required for the works to be carried out;

(d) where applicable, an officially endorsed copy of the PA approval of the works of a capital nature as described in the application form;

(e) where applicable, an officially endorsed copy of the PA Compliance Certificate of the said works of a capital nature;

(f) any other document which the Ministry for Finance and Employment may, from time to time, require.

(iii) Only those applications that are in conformity with all the provisions of this scheme shall be eligible for payment of the assistance referred to in Clause 5 of this scheme.

(iv) Applications under this scheme, including the documents that are to be submitted with the application, shall be submitted/addressed to 'Grant Scheme to Church and Independent Schools, Office of the Director General, Directorate for Quality and Standards in Education (DQSE), Level 1, Triq Joseph Abela Scolaro, Ħamrun HMR 1304, not later than three months from the completion date of the works of a capital nature undertaken by the school, as evidenced by the date of the last relevant receipt.

Consideration will also be given to applications for grants related to the completion of different work phases that fall in between the commencement of works and their complete termination.

Application forms are accessible from (www.mfin.gov.mt).

5. Assistance payable under this Scheme

Eligible applicants may apply for a grant of 15.25% on the qualifying expenditure that has been paid in full and incurred for works of a capital nature as explained at section 2 of this scheme.

6. Payment of Grant

The grant will be paid to the applicant by cheque posted to the address shown on the application.

7. Validity of application

An application shall not be deemed to be valid unless:

(a) it is full and complete in all material aspects;

(b) it is accompanied by all the relevant documentation or details as required;

8. Duration of the Scheme

This Scheme shall remain in force till 31 December, 2022, as described in Section 2 of this Notice and shall cease thereafter to be in force. This scheme may be modified or terminated by means of a Notice in the Government Gazette and shall be renewed as deemed necessary through another Notice in the Government Gazette.

9. State Aid

With reference to section 5, this scheme will be implemented in accordance with the provisions of Commission Regulation (EU) No. 1407/2013 of 18th 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 of 24 December, 2013, as amended by Commission Regulation (EU) 2020/972 of 2 July, 2020, amending Regulation (EU) No. 1407/2013 as regards its prolongation and amending Regulation (EU) No. 651/2014 as regards its prolongation and relevant adjustments, OJ L 215/3 of 7th July, 2020

 Church and Independent schools applying for this grant should make sure that they are within the limits of State Aid and will have to fill the attached form on State Aid.

10. Amendments to the Scheme

The Minister for Finance and Employment reserves the right to make any amendments to this scheme by the publication of the said amendments in the Government Gazette.

11. Transitory provisions

Applications made under this scheme relating to works of a capital nature and which works, or phases of such works, were carried out between the effective date and the date of publication of this Notice shall be deemed to be valid applications under this scheme, provided that the applications satisfy all the conditions stipulated in this Notice.

In these transitory cases, applications shall be submitted within three months from the date of publication of this Notice.

SCHEDULES

Schedule A – Application Form

Schedule B – State Aid Declaration Form

31st December, 2020

Church school scheme app forms Gaz 31.12.pdf

No. 1519

MINISTRY FOR FINANCE AND EMPLOYMENT

Government Grant on the Installation of Bicycle Racks/Ancillary Facilities in Localities or within Enterprises' Premises

IN ORDER to incentivise the use of alternative green means of transport while, at the same time, encouraging physical exercise and a healthier life style the Minister for Finance and Employment is allocating funds whereby local councils and enterprises are encouraged to come up with a plan to promote the use of bicycles as a means of transportation within localities and to and from the workplace.

To this end, the Ministry for Finance and Employment has set up a fund to cover the expenditure incurred by local councils and enterprises to install bicycle racks and ancillary facilities.

Local councils and enterprises can apply for funds by submitting the application form after having consulted the applicable guidelines that are accessible from (www.finance.gov.mt).

1. Interpretation

In this scheme, unless the context otherwise requires:

'applicant' means the person applying for the grant under this scheme on behalf of the local council or the registered enterprise applying for the grant under this scheme;

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

'guidelines' means guidance documents that provide the applicable specifications and instructions for installation and purchasing of bicycle racks. These guidelines are accessible from (www.finance.gov.mt);

'local council' means a local council established under the Local Councils Act (Cap. 363 of the laws of Malta) and as designated in the Second Schedule annexed to this Act;

'registered enterprise' means a legal entity possessing the right to conduct business on its own, for example to enter into contracts, own property, incur liabilities and establish bank accounts. An enterprise may be a corporation, a quasi- corporation, a non-profit institution, or an unincorporated enterprise. The enterprise has to be registered with the competent authority;

'effective date' means the 1st January, 2021;

'fiscal receipt' means a receipt as defined in the Thirteenth Schedule to the Value Added Tax (Cap. 406), as subsequently amended, and also includes any regulation made by the same Act;

'bicycle racks' means facilities for short-term or long term bicycle parking as defined in the guidelines that are intended as instructions for purchase and installation of bicycle racks and ancillary facilities;

'Ancillary facilities' means equipment, buildings, structures and imporvements that expand the comfort and safety necessary to support the use of a bicycle as a means of transportation;

'capital expenditure' means expenditure related to the purchase and installation of bicycle racks andancillary facilities,

'Malta' means the islands of Malta;

'Minister' means the Minister responsible for Finance;

'businesses' means any commercial company including partnerships registered in Malta with the Malta Financial Services Authority;

'person residing in Malta' means a natural 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 of Foreign Affairs;

'Member State' means a Member State of the European Union;

'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;

'purchase price' means the total purchase price of the complete equipment including VAT and which purchase price has been paid in full by the applicant prior to applying for reimbursement.

2. Area of applicability

This scheme relates to the expenditure that is incurred in the purchase price and installation of bicycle racks within the locality or the purchase price and installation of bicycle racks/ancillary facilities within the enterprises' premises, and which purchase and works were carried out from the effective date or afterwards and completed by the end of December 2021.

3. Expenditure to be reported

The expenditure to be reported is in respect of the purchase price and installation of bicycle racks/ancillary facilities as defined in section one (1) of this scheme.

4. Manner of application and supporting documents

(i) Applications under this scheme shall be made in the form set out in schedule (A) annexed to this scheme, and shall contain all the information, details and documents as required in the said form and in terms of this scheme.

(ii) Prior to purchasing and installing the bicycle racks/ancillary facilities the applicant must read and follow the applicable guidelines, that are accessible from (www.finance.gov.mt).

(iii) Applications are to be accompanied by the documents shown hereunder:

(a) a copy of the identity card of the applicant or, in the absence of an identity card, a copy of any other official document of identity as referred to in the interpretation of a 'person residing in Malta' in section 1 of this scheme;

(b) Quotations for equipment purchased and works, which must specify if installation is included;

(c) Picture of the proposed racks;

(d) Site plan and photos of where the bicycle racks/ancillary facilities will be installed.

(iv) At reimbursement stage the applicant must submit:

(a) Both the original fiscal receipt/s and the commercial invoices. In the case were the supplier of goods/services is exempted from issuing a fiscal receipt an endorsed statement to this effect is to be supplied by the supplier together with the commercial invoices.

In the case of equipment not purchased from Malta, the original invoices of the purchase of such items issued by the supplier together with the delivery note/s, the original documentary proof that final payment has been affected, and clearance from Maltapost/Department of Customs Malta, as may be required. These documents must confirm that such items were really purchased; the expenditure costs, and which costs include duty and VAT as may be required, were really paid in full; that such a purchase was affected by the purchaser for the purchaser. Such purchased items must also conform to EU standard safety regulations, as may be required.

(v) Only those applications that are in conformity with all the provisions of this scheme shall be eligible for payment of the assistance referred to in section 5 of this scheme.

(vi) Applications under this scheme, including the documents required to be submitted with the application, shall be submitted to the Board for the Bicycle Rack Fund, Ministry for Finance and Employment, Maison Demandols, Triq in-Nofsinhar, Valletta. The Application form and guidelines are available from (www.finance.gov.mt).

5. Grant payable under this scheme

(i)        Local councils and non for profit enterprises are eligible to apply for a grant of up to 100% of the approved capital expenditure incurred and paid in full as explained in section 2 of the scheme;

(ii)       Commercial enterprises may apply for a grant of up to 50% on the approved capital expenditure incurred and paid in full as explained in section 2 of the scheme.

6. Payment of Grant

The grant will be paid to the applicant by cheque posted to the address shown on the application.

7. Validity of application

An application shall not be deemed to be valid unless:

(a) it is full and complete in all material aspects;

(b) it is accompanied by all the   relevant documentation or details as required.

8. Duration of the scheme

This scheme has a definite duration and will start as from the 1st January 2021, and end on the 31st December 2021, until this scheme is not modified/terminated by means of a notice in the Government Gazette and shall be renewed as deemed necessary by the Minister for Finance and Employment and as such shall be thus published in another notice in the Government Gazette.

9. State Aid

With reference to section 5(ii), this scheme will be implemented in accordance with the provisions of 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 of 24 December 2013. Commercial enterprises applying for this grant should make sure that they are within the limits of State Aid and will have to fill the attached form on State Aid.

10. Amendments to the scheme

The Minister for Finance and Employment reserves the right to make any amendments to this scheme by the publication of the said amendments in the Government Gazette.

11. Transitory provisions

Applications made under this scheme relating to the expenditure on the purchase price and installation of bicycle racks/ancillary facilities, and which purchase and installation was carried out between the effective date and the date of publication of this notice shall be deemed to be valid applications under this scheme, provided that the applications satisfy all the conditions stipulated in this notice.

SCHEDULES

Schedule A – Application Form

31st December, 2020

 Bicycle rack scheme app forms Gaz 31.12.pdf

No. 1520

Broadcasting Authority

Explanatory Note in accordance with and for the purpose of Article 3(2)(c) of the Small Business Act (Cap. 512 of the Laws of Malta)

1. Introduction

The title of this Bill is an act to amend the Broadcasting Act, Cap. 350.

Activity to be regulated

The act amends the Broadcasting Act to transpose Directive (UE) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provisions of the audiovisual media services (Audiovisual Media Services Directive) in the light of changing marketing realities)

2. Summary and Background

Aims and Objectives of the Legislation

The Act transposes the provisions of the following Directive:

Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provisions of the audiovisual media services (Audiovisual Media Services Directive) in the light of changing marketing realities (the “Directive").

The Directive may be accessed through the following link: (https://eur-lex.europa.eu/eli/dir/2018/1808/oj).

The last substantive amendment to Council Directive 89/552/EEC, subsequently codified by Directive 2010/13/EU of the European Parliament and of the Council, was made in 2007 with the adoption of Directive 2007/65/EC of the European Parliament and of the Council. Since then, the audiovisual media services market has evolved significantly and rapidly due to the ongoing convergence of television and internet services.

Technical developments have allowed for new types of services and user experiences. Viewing habits, particularly those of younger generations, have changed significantly. While the main TV screen remains an important device for sharing audiovisual experiences, many viewers have moved to other portable devices to watch audiovisual content. Traditional TV content still accounts for a major share of the average daily viewing time.

However, new types of content, such as video clips or user-generated content, have gained an increasing importance and new players, including providers of video-on-demand services and video-sharing platforms, are now well-established. This convergence of media requires an updated legal framework in order to reflect developments in the market and to achieve a balance between access to online content services, consumer protection and competitiveness.

3. Importance of Amendments and Commentary on Parts

The Directive introduces regulations for video sharing platforms. Video-sharing platform services provide audiovisual content which is increasingly accessed by the general public, in particular by young people. This is also true with regard to social media services, which have become an important medium to share information and to entertain and educate, including by providing access to programmes and user-generated videos. Those social media services which fall under the definition of audiovisual media service or video sharing platform are included in the scope of Directive (EU) 2018/1808 because they compete for the same audiences and revenues as audiovisual media services. Furthermore, they also have a considerable impact in that they facilitate the possibility for users to shape and influence the opinions of other users. Therefore, in order to protect minors from harmful content and all citizens from incitement to hatred, violence and terrorism, those services have been covered by Directive (EU) 2018/1808 to the extent that they meet the definition of a video-sharing platform service.

User-generated videos are now covered by Directive (EU) 2018/1808. While the aim of the Directive is not to regulate social media services as such, a social media service should be covered if the provision of programmes and user-generated videos constitutes an essential functionality of that service. The provision of programmes and user-generated videos could be considered to constitute an essential functionality of the social media service if the audiovisual content is not merely ancillary to, or does not constitute a minor part of, the activities of that social media service. 

The Directive introduces an obligation on broadcasting regulators to establish and maintain up-to-date records of the media service providers and video-sharing platform providers under their jurisdiction and to regularly share those records with their competent independent regulatory authorities or bodies and the Commission. This is done in order to ensure the effective implementation of Directive (EU) 2018/1808.

The Directive also introduces new basis regulating jurisdiction of Member States over audiovisual media service providers.

The Directive introduces a recommendation on audio visual media service providers to implement self- and co-regulatory instruments. These can play an important role in delivering a high level of consumer protection. Measures aimed at achieving general public interest objectives in the emerging audiovisual media services sector are more effective if they are taken with the active support of the service providers themselves.

The directive also introduces an important notion:  transparency of media ownership.  This is directly linked to the freedom of expression, a cornerstone of democratic systems. Information concerning the ownership structure of media service providers, where such ownership results in the control of, or the exercise of a significant influence over, the content of the services provided, allows users to make an informed judgement about such content. The Act introduces obligations on both the Broadcasting Authority and audiovisual media services providers in this regard.

In order to empower viewers, including parents and minors, to make informed decisions about the content to be watched, it is necessary that media service providers provide sufficient information about content that may impair minors' physical, mental or moral development. The Act introducers a mandatory system of age classification and content descriptors describing the nature of the content. This applies also to on demand services.

The amendments to the Broadcasting Act introduce legislation based on the premise that children merit specific protection with regard to the processing of their personal data. The establishment of child protection mechanisms by media service providers inevitably leads to the processing of the personal data of minors. Personal data of minors processed in the framework of technical child protection measures will not be allowed to be used for commercial purposes.

Accessibility to audiovisual content is a pillar of the Broadcasting Act. Ensuring the accessibility of audiovisual content is an essential requirement in the context of the commitments taken under the United Nations Convention on the Rights of Persons with Disabilities. The right of persons with an impairment and of the elderly to participate and be integrated in the social and cultural life is linked to the provision of accessible audiovisual media services. The Broadcasting Act obliges audiovisual media service providers to submit a plan and implement measures aimed to increase accessibility to their media. A specific complaints procedure is also being introduced so that persons who feel aggrieved by failure to facilitate access may submit their complaints to the Broadcasting Authority.

The Act also introduces new regulations affecting advertising relating to alcohol, foods which are high in fats, salts and sugar and gambling.

New articles related to product placement are also being introduced. These articles relax the previous restrictions with exceptions such as children's programming, news and current affairs and religious programming.

Providers of on-demand audiovisual media services are now obliged to promote the production and distribution of European works by ensuring that their catalogues contain a minimum of 30% share of European works and that they are given sufficient prominence.

The Directive introduces a new concept called media literacy. 'Media literacy' refers to skills, knowledge and understanding that allow citizens to use media effectively and safely. In order to enable citizens to access information and to use, critically assess and create media content responsibly and safely, citizens need to possess advanced media literacy skills. Media literacy should not be limited to learning about tools and technologies, but should aim to equip citizens with the critical thinking skills required to exercise judgment, analyse complex realities and recognise the difference between opinion and fact. The Act embraces this position by introducing measures aimed to promote and implement media literacy action plans, also by the creation of a specific Board empowered to deal with this new obligation.

The previous system imposing a 12-minute limit per clock hour of advertising during television programming is now being changed to another system which splits the broadcast day into two periods, and the allowance is changed to 20% of that particular period, taken as a whole.

Amendments to S.L. 350.18 result in the introduction of changes to the watershed thereby extending the watershed to 9.30pm; also, the age classification criteria are aligned with Chapter 444 of the Laws of Malta and include content descriptors which should be used by broadcasters.

Amendments to S.L. 350.04 align provisions related to jurisdiction criteria and European Works to the amendments to the main Act, in view of the provisions of the EU Directive. Jurisdiction criteria will be removed from the subsidiary legislation.

S.L. 350.34 will be repealed as the main provisions related to obligations of on-demand audiovisual media service providers have been incorporated into the main Broadcasting Act (Article 16O).

Amendments to S.L. 350.25 will remove the exclusion of casinos from the scope of the subsidiary legislation and thus create a level playing field among different gambling products, in line with the Gaming Act.

4. Public Consultation

The proposed amendments were subject to a public consultation exercise, which included participation from major stakeholders.  Their feedback was taken on board and where applicable practical changes were made to the proposed legislation to reflect this feedback.

5. Overview of the Structure of the Instrument

Article 1 stipulates the title of the Act, being the Broadcasting (Amendment) Act, 2020.

Articles 2, 3 and 4 transpose the various definitions as listed under Article 1 of the Directive whilst factoring in other definitions in order to avoid ambiguity on certain terms used in the Broadcasting Act.

Article 5 amends Article 16H of the principal Act, which amendment establishes the jurisdiction principles of Malta regarding media service providers.

Article 6 substitutes Article 16J of the Principal Act by making reference to the obligation of media service providers to inform the Authority of their details including who the beneficial owners of the providers are.

Article 7 of the proposed Act introduces important provisions. The new article 16JA refers to the media service providers' obligation to protect minors from media services which may impair the physical, mental or moral development of minors and Article 16JB imposes an obligation on media service providers so as to introduce measures that make media services accessible to persons with disability.    

Article 8 substitutes Article 16K in its entirety. This Article governs audiovisual commercial communications.

Article 9 amends Article 16L of the principal Act, extending the prohibition of cigarette advertising to undertakings whose principal activity is the manufacture or sale of e-cigarettes and refill containers; and also prohibiting the sponsorship of news, current affairs programmes or religious programmes and services. 

Article 10 substitutes the current Article 16M and regulates the use of product placement produced after 19th December 2009. Article 11 adds a new article 16MA, which introduces a new concept regarding “media literacy".  This article establishes the appointment of a Media Literacy Development Board. This Board shall ascertain that measures implemented should equip all citizens with advanced media literacy skills.

Articles 12 to 14 introduce amendments and new provisions related to obligations of on-demand media services providers.

Article 15 establishes the principles of co-regulation and self-regulation to media service providers and video-sharing platform service providers.

Articles 16 and 17 introduce a new Part to be inserted in the Broadcasting Act which will include provisions applicable to video-sharing platform providers.

Article 18 introduces a new Article 22A which governs complaints specifically related to accessibility, as provided for in the new Article 16B.

Article 19 amends the Third Schedule to the principal Act.

Article 20 substitutes the Fifth Schedule to the principal Act.

6. Conclusion

The Act shall come into force as from the date of publication.

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.

31st December, 2020

Annex

(for the purpose of paragraph (vi) of Schedule III of Chapter 512 of the Laws of Malta)

Transposition Notes for the transposition of the main elements of Directive (UE) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provisions of the audiovisual media services (Audiovisual Media Services Directive) in the light of changing marketing realities.

Other amendments

No. 1521

PERSONS NATURALISED/REGISTERED AS CITIZENS OF MALTA

THE following list of persons who have been naturalised/registered as citizens of Malta from January 2019 until December 2019, is being published for general information in accordance with the provisions of sub-regulation 14(2) of Subsidiary Legislation 188.03.

Name                                                               Surname