ACT No. III of 2004 AN ACT to amend various laws. (tat-tieni)

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

14th May, 2004

ACT No. III of 2004

AN ACT to amend various laws.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows>-

(1) The short title of this Act is the Amendment of Various Short title and

Commencement.

Laws Act, 2004.

(2) Unless otherwise provided in the various parts

thereof, this Act shall be deemed to have come into force on the 1 st

May, 2004.

Part I

(1) This Part amends and shall be read and construed as Amendment of the

Various Laws

one with the Various Laws (Amendment) Act 2003, hereinafter in (Amendment)

this part referred to as “the principal Act”.

Act 2003

Act IX of 2003.

(2) This Part shall be deemed to have come into force on

nd

the 2 September, 2003.

Immediately before article 127 of the principal Act, Amendment of

Part XXIV of the

immediately after the heading “Part XXIV” there shall be inserted principal Act.

the following new article>

“Amendment

126A This Part amends the Criminal Code

of Act III

(Amendment)

Act, 2002, and shall come into force on such

of 2002.

date as the Minister responsible for justice may by notice

in the Gazette establish, and various dates may be so

established for different provisions and different purposes

thereof.”.

Immediately before article 128 of the principal Act,

immediately after the heading Part XXV, there shall be inserted the

following new article>

127A. This Part amends the Criminal Code, and

“Amendment

of chapter 9

of the Laws shall come into force on such date as the Minister

of Malta.

responsible for justice may by notice in the Gazette

establish and different dates may be so established for

different provisions and different purposes thereof.”.

Part II

(1) This Part amends and shall be read and construed as

one with the Employment and Industrial Relations Act, hereinafter

referred to as “the principal Act”.

(2) This Part shall be deemed to have come into force on

such date as the Minister responsible for industrial relations may by

notice in the Gazette establish being a date not prior to the date of

coming into force of the respective article amended by this Part.

In subarticle (5) of article 73 of the principal Act,

immediately after the words “In all cases” there shall be inserted the

words “not provided for by sub-article (4) of this article”.

In subarticle (1) of article 74 of the principal Act for the

words “ under article 68” there shall be substituted the words “under

article 69”.

In subarticle (2) of article 75 of the principal Act,

immediately after the words “any obligation” there shall be inserted

the words “arising out of any matter falling within the jurisdiction

of the Industrial Tribunal.”.

Part III

This Part amends and shall be read and construed as one Amendment

with the Local Councils Act, hereinafter in this Part referred to as of

Councils Act,

“the principal Act”.

In subarticle (2) of article 72 of the principal Act for the Amendment of

article 72 of the

words “Ninth Schedule” there shall be substituted the words “Tenth principal Act.

Schedule”.

Part IV

(1) This Part amends and shall be read and construed as Amendment of the

one with the Health Care Professions Act, hereinafter in this Part Health

Professions

referred to as “the principal Act”.

Act.

Act XII of 2003.

(2) This Part shall come into force on such date as the

Minister responsible for Health may by notice in the Gazette establish

and different dates may be so established for different provisions

and different purposes thereof.

Article 2 of the principal Act shall be amended as follows> Amendment of

article

2 of the principal

Act.

(a) immediately after the definition “Council for the

Professions” complementary to Medicine” there shall be

inserted the following new definition>

“ “European Economic Area” means the area

composed of the state parties to the agreement on the

European Economic Area, other than member states of the

European Union< and agreement on the European

Economic Area means the agreement establishing such area

to which Malta became a party pursuant to the Treaty<”<

(b) the definition “Member State” shall be substituted

by the following>

“Member State” means a state member of the

European Union, a state within the European Economic

Area, Switzerland or any other state as the Minister may

prescribed<”< and

(c) immediately after the definition “Specialist

Accreditation Committee” there shall be inserted the following

definition>

“ “third country” means any country other than a

member state<”.

For subarticles (2) and (3) of article 3 of the principal Act

there shall be substituted the following>

“(2) (a) A person shall only be entitled to use any of

the professional titles listed in paragraph (b) hereof, if he fulfills

the conditions for taking up and pursuit, in Malta, of the

healthcare profession to which the title refers.

(b)

The titles referred to in paragraph (a) hereof are>-

(i)

medical practitioner

(ii)

dental surgeon

(iii)

midwife

(iv)

nurse

(v)

pharmacy technician

(vi)

pharmacist.

(3) A healthcare professional who is a citizen of Malta

or is a person otherwise legally entitled or authorised to work

in Malta, and who fulfills the conditions for the taking up and

pursuit of his respective profession in Malta, shall have the right

to use his lawful academic title in so far as this is not identical

with the professional title, or where appropriate the abbreviation

thereof, of the Member State of origin or of the Member State

from which he comes, in the language of that State>

Provided that if the academic title used in the Member State

of origin or in the Member State from which the healthcare

professional comes can be confused with a title in Malta which

requires additional training which he has not undergone, than

the relevant Council may require him to use such title in suitable

wording drawn up by such council.”.

Subarticle (1) of article 10 of the principal Act shall be

amended as follows>

(a) paragraphs (e) to (g) thereof shall be renumbered as

paragraphs (i) to (k) respectively< and

(b) immediately after paragraph (d) thereof there shall

be added the following paragraphs>

(e) to inform the Member State of origin or the

Member State from which a foreign national comes, of any

serious matter which occurred outside their territory, prior

to the establishment of that person in Malta and which is

likely to effect the taking up of the activity of any of the

professions regulated by it in Malta<

(f) to verify the accuracy of facts communicated to

it by other Member States, determine the nature and extent

of any investigation to be made pursuant thereto, and to

inform such Member States of any action taken with

regards to any certificates or documents issued by them<

(g) to ensure the confidentiality of information

fowarded to other Member States<

(h) to forward to any Member State concerned all

information regarding measures taken in respect of

healthcare professional as well as regarding any criminal

penalty imposed on such professionals<”.

Article 11 of the principal Act shall be amended as Amendment of

article 11 of the

follows>

principal Act.

(a)

in subarticle (1) thereof>

(i) for the words “shall be entered the name of any

citizen of Malta, or of a Member State” there shall be

substituted the words “shall be entered the name of any

citizen of Malta, or of a Member State or of a person who

benefits from the provisions of Article 11 of Regulation

1612#68 EEC or of a person who has been established in a

Member State”< and

(ii) in paragraph (c) therein for the words from “a

qualification obtained from any” to the words “by the

Medical Council>” there shall be substituted the words “a

qualification recognised for the purpose by a Member State,

obtained from a University College, or Medical School>”

and for the words “the Medical Council may, in respect of

such qualification” in the proviso thereto, there shall be

substituted the words “in respect of applicants coming from

third countries, whose qualifications have not been

recognised in a Member State, the Medical Council may,

in respect of such qualifications”< and

(b) immediately after subarticle (3) thereof there shall

be added the following>

“(4) The Medical Council may require the

competent authorities in a Member State to confirm the

authenticity of diplomas, certificates and other evidence

of formal qualification purporting to be issued in such

Member States as well as to confirm that the person

concerned has fulfilled all the training requirements laid

down by this Act.”.

Article 12 of the Principal Act shall be amended as

follows>

(a)

in subarticle (1) thereof>

(i) for the words “shall be entered the name of any

citizen of Malta, or of a Member State who holds” there

shall be substituted the words “shall be entered the name

of any Citizen of Malta, or of a Member State, or of a person

who benefits from the provisions of Article 11 of

Regulation 1612#68 EEC or of a person who has been

established in a Member State who holds”< and

(ii) in paragraph (c) thereof, for the words from “a

qualification obtained from any” to the words “by the

Medical Council” there shall be substituted the words “a

qualification recognised for the purpose by a Member State,

obtained from a university, college or medical school” and

for the words “the Medical Council may, in respect of such

qualification” in the proviso thereto, there shall be

substituted the words “in respect of applicants coming from

third countries whose qualifications have not been

recognised in a Member State, the Medical Council may,

in respect of such qulaifications”< and

(b) immediately after subarticle (2) thereof, there shall

be added the following subarticles (3) and (4)>

“(3) The Medical Council may require competent

authorities in a Member States to confirm the authenticity

of diplomas, certificates and other evidence of formal

qualifications issued in such Member State, as well as to

confirm that the person concerned has fulfilled all the

training requirements laid down by this Act.

(4) Notwithstanding the provisions of subarticle (1)

the Medical Council shall keep a register in which,

following an application to that effect by the person

concerned, shall be entered for a period not exceeding one

year the name of any citizen of Malta or of a Member State

who has qualified for the qualifications listed in paragraphs

(a) or (b) or, subject to the provisions of the proviso thereto,

of paragraph (c) of subarticle (1) but has not yet obtained

such qualification.”.

Subarticle (1) of article 16 of the principal Act shall be Amendment of

article 16 of the

amended as follows>-

principal Act.

(a) paragraphs (e) to (f) thereof shall be renumbered as

paragraphs (i) to (k) thereof< and

(b) immediately after paragraph (d) thereof there shall

be inserted the following paragraphs>

“(e) to inform the member State of Origin or the

Member State from which a foreign national comes, of any

serious matter which occurred outside their territory, prior

to the establishment of that person in Malta, and which is

likely to effect the taking up of the activity of any the

professions regulated by it in Malta<

(f) to verify the accuracy of the facts communicated

to it by other Member States, determine the nature and

extent of any investigation to be made pursuant thereof

and inform such Member State of any action taken with

regard to the certificates or documents issued by them<

(g) to ensure the confidentiality of information

forwarded to other Member States<

(h) to forward to any Member State concerned all

the information regarding measures taken in respect of a

healthcare professional as well as regarding any criminal

penalties imposed on such professional<”.

Article 17 of the principal Act shall be amended as follows>

(a)

in subarticle (1) thereof>

(i) for the words “shall be entered the name of any

citizen of Malta, or of a Member State” there shall be

substituted the words “shall be entered the name of any

citizen of Malta, or of a Member State or of a person who

benefits from the provisions of Article 11 of Regulation

1612#68 ECC or of a person who has been established in a

Member State”< and

(ii) for paragraph (c) thereof there shall be

substituted the following>

“(c) a qualification recognised for the purpose

by a Member State obtained from a Universtiy,

College or recognised institution>

Provided that in respect of an applicant coming

from a third country, whose qualifications have not

been recognised in a Member State, the Pharmacy

Council may in respect of such qualification, require

the applicant to sit for an pass a professional and

linguistic proficiency test and may also require that

the applicant under goes further training in pharmacy

in a pharmaceutical establishment recognised for the

purpose by the said Council.”< and

(b) immediately after subarticle (2) thereof there shall

be added the following subarticles

“(3) (a) The Pharmacy Council may require

competent authorities in a Member State to confirm the

authenticity of diplomas, certificates and other evidence

of formal qualifications issued in such Member State, as

well as to confirm that the person concerned has fulfilled

all the training requirements laid down by this Act.

(b) Diplomas, certificates and other evidence

of formal qualifications in pharmacy which were awarded

to nationals of Member States by Member States and which

do not satisfy all the minimum training requirements laid

down under this Act, shall be treated as diplomas satisfying

these requirements if they are evidence of training which

has completed before the implementation of Direction

85#432#ECC or they are evidence of training which was

completed after but which was commenced before the

implementation of the said Directive, and in each case if

they are accompanied by a certificate stating that the holder

thereof has been effectively and lawfully occupied as a

pharmacist in a Member State for at least three consecutive

years during the five years preceding the award of the

certificate and provided further that such an act an activity

is regulated in that State.

(4) Notwithstanding the provisions of subarticle (1)

the Pharmacy Council shall keep a register in which,

following an application to that effect by the person

concerned, shall be entered for a period not exceeding one

year the names of any citizen of Malta, or of a Member

State who has qualified for the qualifications listed in

paragraphs (a) or (b) or, subject to the provisions of the

proviso thereto, of paragraph (c) of subarticle (1) but has

not yet obtained such qualification.”.

Immediately after subarticle (3) of article 18 of the Amendment of

article 18 of the

principal Act, there shall be added the following subarticle>

principal Act.

“(4) Notwithstanding the provisions of subarticle (1) the

Pharmacy Council shall keep a register in which, following an

application to that effect by the person concerned, shall be

registered for a period not exceeding one year the names of any

citizen of Malta or of a Member State who has qualified for the

qualifications listed in paragraphs (a) or (b) or, subject to the

provisions of the proviso thereto, in paragraph (c) of subarticle

(1), but has not yet obtained such qualification.”.

Subarticle (1) of article 22 of the principal Act shall be Amendment

of article 22 of the

amended as follows>

principal Act.

(a) paragraph (e) to (g) thereof shall be renumbered as

paragraphs (i) to (l) thereof respectively< and

(b) immediately after paragraph (d) thereof there shall

be inserted the following new paragraphs>

“(e) to inform the Member State of origin or the

Member State from which the foreign national comes, of

any serious matter which occurred outside Malta, prior to

the establishment of that person in Malta, and which is

likely to effect the taking up of the activity of any of the

professions regulated by it in Malta<

(f) to verify the accuracy of the facts communicated

to it by other Member States, decide the nature and extent

of any investigation to be made pursuant thereto and inform

such Member State of any action taken with regard to the

certificates or documents issued by them<

(g) to ensure the confidentiality of all the

information forwarded to other Members States<

(h) to forward to any Member State concerned all

the information regarding measure taken in respect of a

healthcare professional as well as regarding any criminal

penalties imposed on such profession<”.

Immediately after subarticle (2) of article 23 of the

principal Act there shall be added the following subarticle>

“(3) Notwithstanding the provisions of subarticle (1) the

Council for Nurses and Midwives shall keep a register in which,

following an application to that effect by the person concerned,

shall be registered for a period not exceeding one year the names

of any citizen of Malta or of a member states who has qualified

for the qualifications listed in paragraphs (a) or (b) or, subject

to the provisions of the proviso thereto, paragraph (c) of

subarticle (1), but has not yet obtained such qualification.”.

Article 23 of the principal Act shall be amended as follows>

(a) subarticle (2) thereof shall be renumbered as

subarticle (3)< and

(b) for subarticle (1) there shall be substituted the

following subarticles (1) and (2)>

“(1) The Council for Midwives and Nurses shall

keep a register, in this Act referred to as “the Register of

Midwives” in which upon an application to that effect by

the person concerned shall be entered the name of any

citizen of Malta, or of a Member State or a person who

benefits from the provisions of Article 11 of Regulation

1612#68#EEC or person who has been established in a

Member State who holds>

(a) the degree or diploma in midwifery studies

from the University of Malta, or the equivalent

midwifery qualification granted by the School of

Nursing< or

(b) a qualification in midwifery listed in Part

IV of the Second Schedule to this Act and which

complies with one the following conditions>

(i) full time training in midwifery lasting

at least three years, either subject to the

possession of a diploma, certificate or other

evidence of formal qualifications giving right of

admittance to university or higher education

establishments or, failing this, attesting an

equivalent level of knowledge,

or

(ii) followed by professional practice for

which the certificate issued by the competent

authorities of the Member State of origin or of

the Member State from which the foreign national

comes, certifying that the holder has

satisfactorily, after qualifying as a midwife,

carried out all the activities of a midwife in a

hospital or other health establishment approved

for the purpose, for a period fixed as follows >-

two years in the case of full time training lasting

at least two years or 3600 hours, and one year in

the case of full time training lasting at least 18

months or 3000 hours.

In these cases the Council shall recognise the

diploma, certificate and other evidence of formal

qualification of midwives awarded prior to the entry

in force of Directive 80#154#EEC, accompanied by a

certificate stating that the holder thereof has

effectively and lawfully been engaged in the activities

of midwife for at least two years during the five years

prior to the issue of certificate<

(c) in the case of nationals of Member States

whose diplomas, certificates or other other evidence

of formal qualifications do not satisfy the minimum

training requirements laid down under this Act, the

Council shall recognise as sufficient evidence the

diplomas, certificates and other evidence of formal

qualifications of midwives awarded by those Member

States prior to and during the perios of not more than

six years after the coming into force of Directive

80#154#EEC, accompanied by a certificate stating that

those nationals have effectively and lawfully been

engaged in the activities in question for at least three

years during the five years prior to the date of the

issue of the certificate<

(d) a qualification in midwifery recognised for

the purpose by a Member State, obtained from any

other university, college or midwifery school

recognised by a Member State.

(2) In respect of applicants coming from third

countries, whose qualifications have not been recognised

in a Member State, the Council may, in respect of such

qualification require that the applicant sits for and passes

in a professional and linguistic proficiency test.”.

Immediately after subarticle (4) of article 24 of the

principal Act, there shall be added the following subarticles>

“(5) Notwithstanding the provisions of subarticles (1) and

(2) the Council for Nurses and Midwives shall keep registers

as described in subarticles 2 (a), 2 (b) and (c) in which following

an application to that effect by the person concerned, shall be

entered respectively the names of any citizen of Malta or of a

member state who qualify for the qualifications listed in

subparagraphs (i) or (ii) or, subject to the provisions of the

proviso thereto, subparagraph (iii) of paragraph (a), the

qualifications listed in subparagraph (i) or subject to the

provisions of the proviso thereto, subparagraph (ii) of paragraph

(b), and the qualifications listed in subparagraphs (i) or (ii) or,

subject to the provisions of the provisos thereto, subparagraph

(iii) of paragraph (c) of subarticle (2), but have not yet obtained

such qualifications.

(6) The Council may require competent authorities of

Member States to confirm the authenticity of diplomas,

certificates and other evidence of formal qualifications issued

in that Member State, and also a confirmation that the person

concerned has fulfilled all the training requirements laid down

by this Act.”.

Immediately after subarticle (2) of article 28 of the

principal Act, there shall be added the following subarticle>

“(3) Notwithstanding the provisions of subarticle (1) the

Council for the Professions Complementary to Medicine shall

keep a separate register for each of the professions listed in the

Third Schedule, in which shall be registered, following an

application to that effect by the person concerned, the names of

any citizen of Malta or of a Member State who has qualified

for the qualifications referred to in paragraphs (a) or (b) or,

subject tot he provisions of the proviso thereto, paragraph (c)

of subarticle (1), but who have not yet obtained such

qualification.”.

Article 42 of the principal Act shall be amended as follows> Amendment of

article 42

of the principal

(a) subarticle (1) thereto shall be renumbered as

Act.

paragraph (a) of subarticle (9) thereof<

(b) for the proviso to paragraph (a) of subarticle (1)

thereof as renumbered, there shall be substituted the following>

“Provided that where the relevant Council informs the

Member State of origin or the Member State from which

the applicant comes, of any serious matter which occurred

outside Malta, prior to the establishment of that person in

Malta, and which is likely to effect the taking up of a

profession regulated by that Council in Malta, the

competent authority of the member State of origin or of

the Member State from which the applicant comes may

request the re-examination of the matter, and a request for

re-examination shall suspend the period of three months

afore mentioned. The relevant Council shall re examine

the matter and give a reply to the competent authority

within three months after which the process for registration

shall continue.”<

(c) immediately after paragraph (a) of subarticle (1)

thereof as renumbered, there shall be inserted the following

paragraph (b)>

“(b) (i) A certificate attesting to good character or

good repute issued by a competent authority in the Member

State of origin or the Member State from which the foreign

a national comes shall be sufficient evidence of such fact.

(ii) Where the Member State of origin or the

Member State from which the foreign national comes does

not require evidence of good character from persons

wishing to take up the activity for the first time, the relevant

Council may require nationals of the Member State of

origin or the Member State from where the foreign national

comes an extract from the judicial record or equivalent

issued by the competent authority of that Member State.

(iii) The documents and certificates mentioned in

the preceding subparagraphs may not be presented after

the lapse of three months from their date of issue.”<

(d) for subarticle (4) thereof, there shall be substituted

the following>

(4) (a) Nationals of Member States wishing to

provide services in Malta shall be subjected to the rules of

conduict of an administrative or professional nature

prescribed by the relevant Council.

(b) When the provision of services involves a

temporary stay in Malta, healthcare professionals who are

citizens of a Member State shall make a declaration

concerning the provision of such services. They shall also

automatically be temporarily registered with the relevant

Council and such registration shall not delay, complicate

or impose additional costs on the healthcare professional.

In cases of urgency the declaration may be made as soon

as possible after the services have been provided.

(c) The relevant Council may apart from the

declaration also request the person concerned to supply

the following documents>

(i) a certificate stating that the person

concerned is lawfully pursuing the activities in

question in the Member State where he is established<

(ii) a certificate that the person concerned holds one

or other of the diplomas, certificates or other evidence of

formal qualifications appropriate for the provision of the

services in question. Such certificate shall be withdrawn

in those cases where the Medical Council temporarily or

permanently deprives in whole or in part, the right of that

person to pursue one of the activities of a doctor.

(d) The documents specified in the preceding

paragraph may not be presented after the lapse of 12 months

from their date of issue.”.

For subarticle (1) of article 43 of the principal Act, there Amendment

article 43 of the

shall be substituted the following>

principal Act.

“(1) (a) Nationals of Member States whose diplomas,

certificates and other evidence of formal qualifications do not

satisfy all the minimum training requirements laid by or under

this Act, shall nonetheless be entitled to have their name entered

in the relevant register as determined by the relevant Council,

if Member State which granted the qualification certifies that

the training satisfies the requirements of Directives 93#16EEC,

85#43EEC, 78#686EEC, 80#154EEC, and 77#453EEC, he has

before the periods specified hereunder exercised a health care

profession in a regulated area of practice for a period of at least

three consecutive years during the preceding five years, in a

Member State and is in good professional standing and has the

right to practice in the Member State>

Provided that in the case of nurses, the activities must have

included the taking of full responsibility for the planning,

organisation and carrying out of the nursing care of the patient.

(b) The periods referred to in preceding paragraph shall

be as follows>

(i) In the case of doctors > 20 th December, 1976 for

Belgium, Denmark, Germany, France, Ireland, Italy,

Luxembourg, Netherlands and United Kingdom, 1 st

January, 1981, between the aforementioned contries and

Spain and Portugal, 1 st January, 1994, between the

aforementioned countries and Austria, Sweden and

Finland, 1 st May, 2004 between the aforementioned

countries and the acceding countries, German Democratic

Republic 3 rd October 1990. For the States of the European

Economic area the date shall be the date of entry into Force

of the Agreement on the European Economic Area for each

respective country<

(ii) In the case of dentists > 28 th January, 1980 for

Belgium, Denmark, Germany, France, Ireland,

Luxembourg, Netherlands and United Kingdom, 1 st

January, 1981, between the aforementioned countries and

Greece, 28 th July, 1984 between the aforementioned

countries and Italy, 1 st January 1986 between the

aforementioned countries and Portugal, 1 st January 1991

between that aforementioned countries and Spain, 1 st

January, 1994 between the aforementioned countries and

Sweden and Finland, 1 st January 1999 between the

aforementioned countries and Austria, 1 st May 2004

between the aforementioned countries and the acceding

countries. For the States of the European Economic area

the date shall be the date of entry into Force of the

Agreement on the European Economic Area for each

respective country<

(iii) In the case of nurses > 27 th June, 1979 for

Belgium, Denmark, Germany, France, Ireland, Italy,

Luxembourg, Netherlands and United Kingdom, 1 st

January, 1981, between the aforementioned countries and

Greece, 1 st January, 1986 between the aforementioned

countries and Spain and Portugal, 1 st January, 1994 between

the aforementioned countries and Austria, Sweden and

Finland, 1 st May, 2004 between the aforementioned

countries and the acceding countries. For the States of the

European Economic area the date shall be the date of entry

into Force of the Agreement on the European Economic

Area for each respective country<

(iv) In the case of pharmacists > 1 st October, 1987

for Belgium, Denmark, Germany, Greece, Spain, France,

Ireland, Luxembourg, Netherlands, Portugal and United

Kingdom, 1 st November, 1993 between the aforementioned

countries and Italy, 1 st January 1994 between the

aforementioned countries and Austria, Finland, Sweden,

Norway and Iceland, 3 rd October, 1990 for German

Diplomas delivered in the former German Democratic

Republic, 1s t May 1995 between the aforementioned

countries and Liechtenstein, 1 st June, 2002 between the

aforementioned countries and Switzerland, the 1 st May,

2004 between the aforementioned states and the acceding

countries. For the States of the European Economic area

the date shall be the date of entry into Force of the

Agreement on the European Economic Area for each

respective country<

(v) In the case of Italy, the diplomas, certificates

and other evidence of formal qualifications in medicine

aearded in Italy to dental surgeons who had begun their

university medical training not later than 18 months after

notification by Italy of Directive 78#686EEC, accompanied

by a certificate issued by the competent Italian Authorities,

certifying that the holder has effectively, lawfully and

principally been engaged in Italy in the activities specified

in Article 5 of Directive 78#687EEC for at least three

consecutive years during the five years prior to the issue

of the certificate and that the holder is authorised to carry

out the said activities under the same conditions as holders

of the diploma, certificate or other evidence of formal

qualifications referred to in the 2 nd Schedule to this Act>

Provided that the requirement of three years

experience referred to in the preceding proviso shall be

waived in the case of dental surgeons who have

successfully completed at least three years of study which

are certified by the competent authorities as being

equivalent to the training referred to in Article 1 of

Directive 78#687EEC.

(c) The Medical Council shall recognise the

diplomas, certificates and other evidence of formal

qualifications in medicine awarded in Italy to dental

surgeons who commenced their university training between

28 th January 1980 and 31 st December 1984 and

accompanied by a certificate issued by the Italian

competent authorities stating>

(i) that the person concerned has passed the

specialist aptitude test set by the Italian competent

authorities in order toascertain that they possess a level

of knowledge and skills comparable to those persons

holding the qualification listed for Italy in Part IIA of

the 2 nd Schedule to this Act. The requirement to take

the aptitude test shall however be waived in the case

of persons who have successfully completed at least

three years study which are certifed by the competent

authorities as being equivalent to the training referred

to in Article 1 of Directive 78#687EEC<

(ii) that he has effectively, lawfully and

principally been engaged in Italy in the activities

specified in Article 5 of Directive 78#687EEC for at

least three consecutive years during the five years

prior to the issue of the certificate< and

(iii) that they are authorized to engage in, or

are effectively, lawfully and principally engaged in,

the activities referred to in Article 5 of Directive

78#687EEC, subject to the same conditions as holders

of the qualifications listed for Italy in the 2n d Schedule

to this Act.

(d) In the case of pharmacists, the Pharmacy Council

shall require that holders of diplomas, certificates and other

evidence of formal qualifications in pharmacy awarded in

Italy on completion of training commenced before 1

November 1993 and concluded before 1 November 2003

to produce together with their qualifications, a certificate

stating that, for at least three consecutive years during the

five years prior to the issue of the certificate, they were

effectively and lawfully engaged in one of the activities

referred to in Article 1 (2) in so far as such activity is

regulated in Italy.

(e) In the case of specialized dentistry the certificate

must be issued by the competent body of the Member State

of origin or the Member State from wher the foreign

national comes, stating that he has been engaged in the

activities of specialised dentistry for a period equal to twice

the difference in length of specialised training in the

Member State issuing the certificate and the minimum

training period referred to in Directive 78#687EEC.

However if before this Directive is implemented, the

Council requires a minimum training period of a shorter

duration than that referred to, the difference can only be

determined only by reference to the minimum training

peroid laid down by the Council.

(f) (i) In the case of doctors, the Medical Council

shall recognise evidence of formal qualifications in

specialised medicine awarded in Spain to doctors who

completed specialised training before 1 January 1995

which did not comply with the formal training requirements

laid down under this Act, if the evidence is accompanied

by a certificate awarded by the competent Spanish

authorities attesting to the fact that the person concerned

has passed the test of specific professional competence

organised in the context of the special regularisation

measures contained in the Spanish Royal Decree 1497#99

with the aim of verifying that the person concerned has a

level of knowledge and competence comparable to that of

doctors holding the specialist doctors’ qualification

referred under this Act.

(ii) In the case of specialised medicine, training must

have commenced before 1 January 1986 for Spain and

Portugal, 20 December 1976 for the other Member States.

The Medical Council may also request that the diplomas,

certificates and other evidence of formal qualifications in

specialized medicine be accompanied by a certificate issued

by the competent authorities or bodies of the Member State

of origin or in the Member State from which they come,

stating that the holder thereof has been engaged in activities

in specialised medicine for a period equivalent to twice

the difference between the period of specialised training

of the Member State of origin ro of the Member State from

which they come, and the minimum requirements regarding

the duration of training, where these periods are not equal

to those laid down in the Second Schedule to this Act>

Provided that where before the dates referred to above,

the Medical Council required a minimum training period

less than the one referred to in Second Schedule to this

Act, the difference may only be determined by reference

to such lesser minimum training period.

However, the Medical Council shall, in the case of

general medical practitioners who before the 1 st May 2004

possess a qualification recognised by it an who on such

date are established in Malta, recognise the reigh of such

general medical practitioners to exercise such activity.

(g) (i) In the case of nationals of Member States

whose diplomas, certificates and other evidence of formal

qualifications in medicine attest to training on the territory

of the former German Democratic Republic which does

not satisfy all the minimum training requirements laid down

under this Act, the Medical Council shall recognise those

diplomas, certificates and other evidence of formal

qualifications as being sufficient proof if they attest to

training commenced before German Unification, they

entitle the holder thereof to pursue the activity of doctor

throughout German territory under the same conditions as

the qualifications awarded by the competent German

Authorities, and are accompanied by a certificate issued

by the competent German Authorities stating that those

nationals have effectively and lawfully been engaged in

the activities in question in Germany for at least three

consecutive years during the five years prior to the date of

issue of the cerificate.

(ii) In the case of specialised medicine, diplomas,

certificates and other evidence of formal qualifications

attesting that the holder thereof has trained on the territory

of the former German Democratic Republic which does

not satisfy the minimum training requirements laid down

under this Act, the Medical Council, shall recognise those

diplomas, certificates and other evidence of formal

qualifications as being sufficient proof if they attest to

training commenced before the 3 April 1992, and they

permit to pursuit, as a specialist, of the activity in question

throughout the territory of Germany under the same

conditions as the qualifications awarded by the competent

German authorities.

(iii) The Medical Council may require that the

diplomas, certificates and other evidence of formal

qualifications be accompanied by a certificate issued by

the competent German authorities or bodies stating that

the holder thereof has, as a specialist, been engaged in the

activity in question for a period equivalent to twice the

difference between the period of specialised training

received on German territory and the minimum duration

of training laid down by this Act, where they do not satisfy

those minimum training requirements.”.

Article 44 of the principal Act shall be amended aas

follows>

(a) for subarticle (1) thereof there shall be substituted

the following>

“(1) Where a citizen of a Member State, who holds

a diploma, certificate or other evidence of ofrmal

qualification obtained outside the European Union which

has been recognised by a Member State and who has

acquired experience in a Member State or third countries

which has also been recognised in a Member State, applies

to be registered under this Act, the relevant Council shall

recognise such diploma, certificate and other evidence of

formal qualification and experience and shall decide

thereupon not later than three months from the day the

request is received, or from the day the documentation

referred to has been fully submitte, whichever is the later,

and it shall forthwith inform the applicant by registered

post.”<

(b) subarticle (3) thereof shall be renumbered as

subarticle (5)< and

(c) immediately after subarticle (2) thereof there shall

be inserted the following subarticles>

“(3) Where an applicant outside the European Union

who otherwise eligible to be registered holds diplomas,

certificates or other evidence of formal qualifications which

have been recognised in a Member State as well as training

undergone and, or professional experience gained in a

Member State, applies to be registered under this Act, the

relevant Council shall examine the evidence such

qualifications, training and experience and shall give its

reasoined decision within 3 months from date the applicant

submits his application together with all the supporting

documentation.

(4) The relevant Council shall, in respect of nationals

of Member Stte whose diplomas, certificates and other

evidence of formal qualifications do not correspond to the

names listed in the Second Schedule to this Act, recognise

as sufficient proof, the diplomas, certificates and other

evidence of formal qualifications awarded by those

Member States which are accompanied by a certificate

issued by the competent authorities or bodies stating that

the diplomas, certificates and other evidence of formal

qualifications in question have been awarded on completion

of education and training that complies with the provisions

of this Act and are treated by the awarding Member State

as equivalent to those whose names are listed in the said

Second Schedule.”.

Immediately after article 44 of the principai Act there shall Addition of new

article 44A to the

be added the following new article 44A>

principal Act.

"Employment

(1) No medical practitioner may be

employed within the national health service unless he is in

possession of a diploma, certificate or other evidence of

formal qualification issued by a recognised competent

authority>

Provided that persons who are either undergoing

specific training in the practice of family medicine or who

before the 1st May, 2004, have had their names entered

into the Medical register may be exempt from such a

requirement. This shall also be applicable to medical

practitioners who have completed the training in another

Member State.

(2) The Medical Council shall issue on request

a certificate granting doctors who do not have a diploma,

certificate or other evidence of formal qualifications but

who possess the acquired rights referred to in the preceding

article, the right to practice as general medical practitioners

under the national health service.

(3) The Medical Council shall recognise under

the national health service, for the purposes of the exercise

of the activities of general medical practitioner, the

diplomas, certificates and other evidence of formal

qualifications issued to a national of a Member State by

other Member States.

(4) The Medical Council shall also recognise

the certificates referred to under subarticle (2) above, issued

to nationals of Member States by other Member States,

and shall consider them as equivalent within its territory

to the diplomas, certificates and other evidence of formal

qualifications which it issues itself, and which permit the

exercise of the activities of general medical practitioner

under the national health service.”.

29. Immediately after subarticle (6) of article 53 of the

principal Act there shall be added the following subarticle>

“(7) Until such time as the relevant Council is duly

constituted in accordance with this Act, the Minister may by

notice in the Gazette extend the validity of any temporary

licence issued under the Medical and Kindred Professions

Ordinance for the exercise of any Health Care Profession and

any person covered by such temporary licence during its perios

of original validity or as extended shall be deemed to be duly

authorised to exercise such profession in accordance with this

Act.”.

30. For Part I a, Part I b and Part I c of the Second Schedule

to the principal Act, there shall be substituted the following Part I a,

Part I b and Part I c, hereunder>

31. Part II of the Fourth Schedule to the principal Act shall Amendment

Fourth

be amended as follows>

Schedule to the

principal

Act.

(a) the item “Association of Maltese Psychiatrists” shall

be deleted<

(b) the following new items “Malta Association of

Ophthalmologists” and “The Association of Orthopaedic and

Trauma Surgeons of Malta” shall be inserted under Medical

Practitioners after the items “Association of Anaesthesiologists

of Malta” and the item “Association of Surgeons of Malta”

respectively< and

(c) the following new item “The Malta Association of

Post Graduate Dentistry” shall be inserted under Dental

Surgeons after the item “Dental Association of Malta”.

32. The Fifth Schedule to the principal Act shall be amended Amendment

Fifth Schedule to

as follows>

the principal Act.

(a) in the Maltese text thereof for items 26, 42 and 43

there shall be substituted respectively the following>

“26>Mikrobijolo;ija#Batterjolo;ija

42>Sa[[a Pubblika

43>Onkolo;ija u Radioterapija”< and

(b) in the English text thereof for items 25 and 43 thereof,

there shall be substituted respectively the following>

“25>Oral and maxillo-facial surgery

43>Oncology and radiotherapy”.

Part V

33. This Part amends and shall be read and construed as one Amendment of the

Education Act.

with the Education Act hereinafter in this Part referred to as “the Cap. 327.

principal Act”.

34. Immediately after the words “if he is a citizen of Malta”,

in paragraph (a) of subarticle (1) of article 11 of the principal Act,

there shall be added the words “or is otherwise entitled to work in

Malta”.

Part VI

35. This Part amends and shall be read and construed as one

with the Extradition Act, hereinafter in this Part referred to as “the

principal Act”.

36. In article 7(2) of the principal Act, immediately for the

words “persons to,” there shall be substituted the words “persons to

or from,”.

Article 9 of the principal Act shall be deleted.

37.

38. In sub-article (5) of article 14 of the principal Act, for the

words “articles 350, 351, 352, 354, 355” there shall be substituted

the words “articles 355E, 355F, 355I, 355AB, 355AC”

39. (1) The provisions of articles 35 to 38 shall be deemed

to have come into force on the 25 th March, 2004.

(2) Notwithstanding any Order made under the Various

Laws (Amendment) Act, 2003 the provisions of article 49 of the

same Act shall be deemed to have come into force on the 25 th March,

2004 and any Order made under the said Act relative to the said

article 49.

Part VII

40. This Part amends and shall be read and construed as one

with the Code of Organization and Civil Procedure, hereinafter in

this Part referred to as the “the Code”.

41. Immediately after subarticle (5) of article 742 of the Code,

there shall be added the following subclause (6)>

“(6) Where provision is made under any other law, or, in

any regulation of the European Union making provision

different from that contained in this article, the provisions of

this article shall not apply with regard to the matters covered

by such other provision and shall only apply to matters to which

such other provision does not apply.”.

42. Immediately before article 826 of the Code there shall be Addition

article 825A of

inserted the following new article 825A>

the Code.

825A Where regulations of the European Union

“Applicability

of this Title

provide, with regard to the matters regulations under this

title, in any manner different than in this title, the said

Regulations. regulations shall prevail, and the provisions of this Title

shall only apply where they are not inconsistent with the

provisions of such regulations or in matters not falling

within the ambit of such regulations.”.

Part VIII

43. (1) This Part amends and shall be read and construed as Amendment

Medicines Act.

one with the Medicines Act hereinafter in this Part referred to as

Act III of 2003.

“the principal Act”.

(2) This Part shall come into force on such date as the

Minister responsible for Health may by notice in the Gazette

establish.

Article 2 of the principal Act shall be amended as follows> Amendment

44. article 2 of the

principal Act.

(a) for the definition “clinical trial” there shall be

substituted the following>

“ “clinical trial” means any investigation in human

subjects intended to discover or verify, the clinical,

pharmacological and, or other pharmacodynamic effects

of one or more investigational medicinal products, and, or

to identify any adverse reactions to one or more

investigational medicinal products, and, or to study the

absorption, distribution, metabolism and excretion of one

or more investigational products with the object of

ascertaining their safety and, or efficacy. This includes

clinical trials carried out in either one site or multiple sties,

whether in one or more than one Member State<”<

(b) for the definition “homeopathic medicinal product”

there shall be substituted the following>

“homeopathic medicinal product” means any

medicinal product prepared form substances called

homepathic stocks in accordance with a homeopathic

manufacturing procedure described by the European

Pharmacopoeia or, in the absence thereof, by the

pharmacopoeias currently used officially in Malta. A

homeopathic medicinal product may contian a number of

principles<”<

(c) for the definition “investigational medicinal product”

there shall be substituted the following>

“ “investigational medicinal product” means a

pharmaceutical form of an active substance or placebo

being tested or used as a reference in a clinical trial,

including products already with a marketing authorization

but used or assembeled (formulated or packaged) in a way

different from the authorised form, or when used for an

unauthorised indication, or when used to gain further

information about the authorised form<”< and

(d)

the definition “medical device” shall be deleted<

(e) for the definition “medicinal product” there shall be

substituted the following definition>

“ “medicinal product” means a substance or

combination of substances –

(a) presented or having properties for treating

or preventing disease in human beings<

(b) which may be used in or administered to

human beings either with a view to restoring,

correcting or modifying physiological functions by

exerting a pharmacological, immunological or

metabolic action or to making a medical diagnosis<”<

(1) In subarticle (2) of article 6 of the principal Act, the

words “in the fields listed in the First Schedule” shall be deleted.

(2)

The First Schedule to the principal Act shall be

Article 19 of the principal Act shall be amended as follows>

(a)

subarticle (1) thereof shall be amended as follows>

(i) the present provision shall be renumbered as

paragraph (a) thereof< and

(ii) immediately after paragraph (a) thereof as

renumbered there shall be inserted the following>

“(b) In cases of doubt, where, taking into

account of all its characteristics, a product may fall

within the definition of “medical product” or within a

definition of a product covered by a directive or

regulation of the European Union relative to medicinal

products to provisions of this Act relative to medicinal

products shall apply.”<

(b)

subarticle (2) thereof shall be amended as follows>

(i) for the words “Articles 20 to 36” there shall be

substituted the words “Titles I, II and III of this Act”.

(ii) for the words “official” in paragraph (b) thereof,

there shall be substituted the words “officinal”<

(iii) immediately after paragraph (e) thereof there

shall be inserted the following product>

“(f) wholeblood, plasma or blood cells of

human origin, other than plasma prepared by a method

involving an industrial process.”.

Article 32 of the principal Act shall be amended as follows> Amendment of

article 32 of the

principal Act.

(a) the present provision shall be renumbered as

subarticle (1) thereof<

(b) for the words “The provisions of this Part” to the

words “medicinal products which>” in subarticle (1) thereof shall

be substituted by the following words “Homeophathic medicinal

products which satsify the conditions in paragraphs (a) to (c)

hereof shall be subject to special simplified procedures as

provided in subarticle (2) to (4) hereof. The products to which

this subarticle applies are products which>”<

(c) immediately after subarticle (1) thereof as renumbered

there shall be added the following subarticles>

“(2) The criteria and rules applicable to the granting

of a marketing authorization shall also apply to the special

simplified procedure with the exception of the proof of

therapeutic efficacy.

(3) Any application for the registration of a

homeopathic medicinal product shall contain such

documents and information as may be prescribed by

regulations made under this Act and such application may

cover a series of medicinal products derived from the same

homeopathic stock or stocks.

(4) Homeopathic medicinal products which do not

satisfy the conditions prescribed in subarticle (1) hereof

shall be authorized and labelled in accordance with the

provisions of this Act applicable to medicinal products,

and shall also be subject to the requirements of

pharmacovigilance as established by regulations under this

Act.

(5) The Minister may by regulations under this Act

prescribe rules for the toxicological and pharmacological

tests and clinical trials of homeophathic medicinal

products.”.

Subarticle (1) of article 36 of the principal Act shall be

deleted and the provisions of subarticle (2) of the same article shall

be renumbered as the whole provision.

In subarticle (2) of article 45 of the principal Act, for the

words “The qualified person shall at all times be present at the

premises when the activity is being carried out>” there shall be

substituted the words “The qualified person shall be permanently

and continuously at the disposal of the holder of the manufacturer’s

licence”.

In subarticle (2) of article 60 of the principal Act, for the

words “The qualified person shall at all times be present at the

premises when the licenced activity is being carried out>” there shall

be subsituted the words “The qualified person or responsible person

shall be permanently and continuously at the disposal of the holder

of the wholesale dealer’s licence”.

Part IX

This Part amends and shall be read and construed as one

with the Public Health Act, hereinafter in this Part referred to as

“the principal Act”.

For subparagraph (i) of paragraph (a) of article 27 of the

principal Act, there shall be substituted the following>

“(i) listing and categorising notifiable disease

conditions<”.

Part X

(1) This Part amends and shall be read and construed as Amendment of

Plant

one with the Plant Quarantine Act hereinafter in this Part referred to Quarantine Act,

Cap 433.

as “the principal Act”.

(2) This Part shall be deemed to have come into force on

1 st May, 2004.

Article 2 of the principal Act shall be amended as follows> Amendment of

article

2 of the principal

Act.

(a) the present provision shall be renumbered as

subarticle (1) thereof< and

(b) immediately after subarticle (1) thereof as

renumbered, there shall be added the following subarticle>

“(2) For the purposes of this Act the terms “import”

and “export” shall not include the introduction of a thing

into Malta or the taking out of a thing from Malta, from or

to respectively, a member state of the European Union, or

to such extent as may be prescribed from or to such state

as the Minister may prescribed, being a state forming part

of the European Economic Area or a State having similar

arrangements with the European Union.”.

Part XI

This Part amends and shall be read and construed as one Amendment of the

Diplomatic

with the Diplomatic Immunities and Privileges Act hereinafter Immunities

and Privileges Act,

referred to as “the principal Act”.

In article 6 of the principal Act immediately after the words Amendment of

“counsel and advocate” there shall be inserted the words “or to article

principal Act.

witnesses, experts or other persons whatsoever having business

before such Court or such institution,”.

Part XII

(1) This Part amends and shall be read and construed as Amendment

Legal Procedures

one with the Legal Procedures (Ratification of Conventions Act 2002 (Ratification of

Conventions)

hereinafter referred to as “the principal Act.”

Act 2002

Act IV of 2002.

(2)

This Part shall come into force immediately.

In subarticle (1) of article 5 of the principal Act, for the

words “the reservations contained in the Second Schedule”, there

shall be substituted the words “the reservation contained in Part A

of the Second Schedule”.

In article 8 of the principal Act, for the words “reproduced

in the Second Schedule”, there shall be substituted the words

“reproduced in Part A of the Second Schedule”.

In article 21 of the principal Act, for the words “the text

of which is reproduced in the Second Schedule”, there shall be

substituted the words “the text of which is reproduced in Part B of

the Second Schedule”.

The Second Schedule to the principal Act shall be

substituted by the following new Schedule>

“SECOND SCHEDULE

Declarations and Oppositions

(Articles 5, 8, 21 and 42)

PART A - The Hague Convention of 1965

1. The Government of Malta declares, pursuant to Article 8

of the Convention on the Service Abroad of Judicial and Extrajudicial

Documents in Civil or Commercial Matters (The Hague, 1965) that

it is opposed to service of documents within the territory of Malta

effected directly through the diplomatic or consular agents of other

Contracting States, in accordance with the first paragraph of the said

Article 8, other than upon the national of the Contracting State

effecting such service.

2. The Government of Malta declares, pursuant to Article 10

of the Convention on the Service Abroad of Judicial and Extrajudicial

Documents in Civil or Commercial Matters (The Hague, 1965), that

it is opposed to the use by other Contracting States of any of the

methods of transmission and service of documents mentioned in the

said Article 10 within its territory.

PART B - The Hague Convention of 1970

1. The Government of Malta declares, pursuant to the second

paragraph of Article 4 of the Convention on the Taking of Evidence

Abroad in Civil and Commercial Matters (The Hague, 1970), that it

reserves the right to accept Letters of Request drawn up in the English

language only.”.

Part XIII

This Part amends and shall be read and construed as one Amendment of

Statute Law

the Statute Law Revision Act, 1980, hereinafter in this Part referred Revision

Act 1980.

to as “the principal Act”.

Act IX of 1980.

Immediately after article 11 of the principal Act, there Addition of new

article 114 to the

shall be added the following new article 11A>

principal Act.

11A (1) The Minister may cause to be published

“Publication

on

an

Internet site a consolidated version of any revised

the Internet.

edition incorporating all amendments which may have been

made to any law in a revised edition and including in such

Internet site all Acts enacted after the publication of the

last revised edition incorporating all amendments thereto.

Such Acts enacted after the publication of a revised edition

shall be given a chapter number as if they were incorporated

in a revised edition and may be referred to by such chapter

number.

(2) The Minister may also cause to be published on

such Internet site an up to date consolidated version of

subsidiary legislation made under the laws included in a

revised edition and under Acts subsequently enacted, and

may in such publication cause such subsidiary legislation

to be given such enumeration with reference to the chapter

number of the principal law or otherwise as the Minister

may deem proper and reference to such subsidiary

legislation by such enumeration shall be valid as if

reference were made to the same subsidiary legislation as

previously promulgated as a Government or legal notice

or otherwise.

(3) The Minister shall cause a notice to be published

in the Gazette giving the address of the website wherein

the said laws are published on the Internet.

(4) Unless proof is brought to the contrary the text

of any law published on an internet site in accordance with

this article shall be deemed to be a true representation of

the law incorporating all amendments up to the date

indicated on the Internet site.”.

Part XIV

(1) This Part amends the Commissioner of Land

Ordinance, and it shall be read and construed as one with the

Commissioner of Land Ordinance, hereinafter in this Part referred

169. to as “the principal law”.

(2) The provisions of this Part shall come into force

immediately.

In the proviso to article 2 of the principal law, for the

words “Chairman of the Malta Development Corporation, as the case

may be.” there shall be substituted the words “Chairman of the Malta

Development Corporation, as the case may be>” and immediately

thereafter there shall be added the following new proviso>

“Provided further that with effect from such date as the

Minister responsible for economic affairs may by notice in the

Gazette appoint, the rights and responsibilities exercised by the

Malta Development Corporation or its Chairman under this Act

or any other law specified in the foregoing proviso of this Act,

including any litigious rights arising therefrom, shall, in respect

of such land as shall have been or shall from time to time be

specified in an Order of the President published in terms of the

same proviso, vest in any other authority or person designated

by regulations prescribed for this purpose in virtue of this

proviso by the said Minister to be the competent authority in

place of the Malta Development Corporation, or in the Chairman

of the said competent authority as the case may be.”.

Part XV

(1) This Part amends the Land (Compulsory Eviction)

Act, and it shall be read and construed as one with the Land

(Compulsory Eviction) Act, hereinafter in this Part referred to as

“the principal Act”.

(2) The provisions of this Part shall come into force on

such date as the Minister responsible for land shall by notice in the

Gazette establish.

Immediately after the words “or on encroachment terms”

in subarticle (1) of article 3 of the principal Act there shall be added

the words “or where, in respect of land that may from time to time

be specified in terms of article 2 of the Commissioner of Land

Ordinance, the time-period specified in a contract conferring title

has lapsed”, and for the words “may be put into effect with the least

possible delay.” there shall be substituted by the words “may be put

into effect with the least possible delay>” and immediately at the

end of the sub-article, there shall be added the following new

provisos>

“Provided that the provisions of article 535 of the Civil

Code Cap.

shall

16. not be applicable to eviction orders issued in

accordance with subarticle (1) above>

Provided further that an eviction order so issued shall

not constitute an arbitrary exercise of pretended rights in

terms Cap.

of 9. article 85 of the Criminal Code.”.

Part XVI

(1) This Part amends the Criminal Code, and it shall be Amendment

Criminal Code.

read and construed as one with the Criminal Code, hereinafter in Cap. 9.

this Part referred to as “the principal law”.

(2) The provisions of this Part shall come into force on

such date as the Minister responsible for Justice shall by notice in

the Gazette establish.

In the definition of “relevant offence” in sub-article (1) Amendment

article

of article 23A of the principal law>

23A of the

principal law.

(a) for the words “means any crime” there shall be

substituted the words “means any offence”< and

(b) immediately after the words “of imprisonment” there

shall be inserted the words “or of detention”.

Article 115 of the principal law shall be amended as Amendment

article

follows>

115 of the

principal law.

(a) in paragraph (a) thereof, for the words “three to

thirteen months” there shall be substituted the words “six months

to three years”<

(b) in paragraph (b) thereof, for the words “four to

eighteen months” there shall be substituted the words “nine

months to five years”< and

(c) in paragraph (c) thereof, for the words “six months

to three years” there shall be substituted the words “one year to

eight years”.

Article 116 of the principal law shall be amended as

follows>

(a) in sub-article (1) thereof, for the words “one year to

four years” there shall be substituted the words “eighteen months

to ten years”< and

(b) in sub-article (2) thereof, for the words “four years”

there shall be substituted the words “ten years”.

Article 117 of the principal law shall be amended as

follows>

(a) in paragraph (a) thereof, for the words “three years”

there shall be substituted the words “five years”< and

(b) in paragraph (b) thereof, for the words “from nine

months to two years” there shall be substituted the words “from

nine months to three years”.

For the words “six months to three years” in sub-article

(1) of article 118 of the principal law there shall be substituted the

words “one year to eight years”.

Article 120 of the principal law shall be amended as

follows>

(a) in sub-article (1) thereof, for the words “House of

Representatives,” there shall be substituted the words “House

of Representatives or the person to whom any of the said articles

applies in accordance with any provision under this Code or

under any other law,”< and

(b)

in sub-article (2) thereof>

(i) immediately after the words “officer or servant”

wherever they occur there shall be inserted the words “or

other person”<

(ii) for the words “three to eighteen months” there

shall be substituted the words “six months to three years”<

and

(c) in subarticle (3) thereof, for the words “three months

to two years “ there shall be substituted the words “six months

to four years”.

In subarticle (4) of article 121 of the principal law, for Amendment of

article

the words “headquarters in Malta.” there shall be substituted the 121 of the

words “headquarters in Malta>” and immediately thereafter there shall principal law.

be added the following proviso>

“Provided that>

(i) where the person involved is any person

mentioned in paragraphs (a), (b), (d) or (e) the provisions

of articles 115, 116, 117 and 120 shall apply< and

(ii) where the person involved is any person

mentioned in paragraph (c) the provisions of articles 118

and 120 shall apply.”.

In sub-article (3) of article 435D of the principal law, in Amendment of

article 435D of the

the definition “relevant offence”>

principal law.

(a) for the words “would constitute a crime” there shall

be substituted the words “would constitute an offence”< and

(b) immediately after the words “of imprisonment” there

shall be inserted the words “or of detention”.

Immediately after subarticle (4) of article 435E of the Amendment of

article 435E of the

principal law there shall be inserted the following new sub-article> principal law.

“(5) The provisions of subarticle (4) shall apply mutatis

mutandis to any official from another country taking part in

any operation in Malta of the kind referred to in sub-article (3)

even if none of the officers taking part in the operation is acting

under covert or false identity.”.

Part XVII

(1) This Part amends the Prevention of Money Amendment of the

Prevention of

Laundering Act, and it shall be read and construed as one with the Money Laundring

Prevention of Money Laundering Act, hereinafter in this Part referred Act, Cap. 373.

to as “the principal Act”.

(2) The provisions of this Part shall come into force on

such date as the Minister responsible for Justice shall by notice in

the Gazette establish.

In paragraph (b) of the definition of “criminal activity”

in sub-article (1) of article 2, for the words “one of the crimes” there

shall be substituted the words “one of the offences”.

Immediately after subarticle (6) of article 4 of the principal

law, there shall be inserted the following new subarticle>

“(6A) Where an attachment order has been made or

applied for, whosover, knowing or suspecting that the

attachment order has been so made or applied for, makes any

disclosure likely to prejudice the effectiveness of the said order

or any investigation connected with it shall be guilty of an

offence and shall, on conviction, be liable to a fine (multa) not

exceeding five thousand liri or to imprisonment not exceeding

twelve months, or to both such fine and imprisonment>

Provided that in proceedings for an offence under this sub-

article, it shall be a defence for the accused to prove that he did

not know or suspect that the disclosure was likely to prejudice

the investigation or the effectiveness of the attachment order.”.

Part XVIII

This Part amends and shall be read and construed as one

with the Immovable Property (Acquisition by Non-Residents) Act,

as amended by the Various Laws (Amendment) Act, 2003,

hereinafter in this Part referred to as “the principal Act”.

In paragraph (a) of the definition “resident in Malta” in

article 2 of the principal Act immediately after the words “five years”

there shall be inserted the words “at any time”.

For the words “immovable porperty” in the English text

of subarticle (2) of article 3 of the principal Act there shall be

substituted the words “immovable property”.

Article 5 of the principal Act shall be amended as follows>

(a)

in subarticle (1) thereof>

(i) for the word “cause” in the English text of

paragraph (a) thereof there shall be substituted the word

“causa”<

(ii) for the words “ where such person had previously

acquired a share in such immovable property in accordance

with the provisions of this Act” in paragraph (c) thereof,

there shall be substituted the words “where such person

had previously lawfully acquired a share in such

immovable property”< and

(iii) in the English text of paragraph (g) thereof for

the words “absecne of descendents” and “descendenst”

there shall be substituted the words “absence of

descendants” and “descendants” respectively<

(b)

in subarticle (2) thereof>

(i) for the words “the property” in the English text

thereof there shall be substituted the words “the immovable

property”< and

(ii) for the words “ include such declaration in the

said deed” there shall be substituted the words “record on

the deed that he has so warned such person”.

Article 7 of the principal Act shall be amended as follows> Amendment of

article

7 of the principal

(a) for the word “virute” in the English text of subarticle

Act.

(1) thereof there shall be substituted the word “virtue”<

(b) for the words “such property” in sub-article (2)

thereof there shall be substituted the words “such immovable

property”<

(c) for the word “important” in the English text of sub-

article (3) thereof, there shall be susbtituted the word

“importance”<

(d) for the word “prmit” in the English text of sub-article

(4) thereof, shall be substituted the words “permit”< and

(e) for the words “nothin in the said subarticle shall be

construed as validating anything does not in conformity with

any condition, restriction, limitation ro qualification” in the

English text of subarticle (5) thereof, there shall be substituted

the words “nothing in the said subarticle shall be construed as

validating anything done not in conformity with any condition,

restriction, limitation or qualification”.

For paragraph 7 in section A in Part I of ANNEX B to

the Second Schedule to the principal Act there shall be inserted the

following new paragraph 7>

“7.

Mailing address if different from above>

…………………………………………………………

…………………………………………………………

Two passport size photos of the applicant and a photocopy

of the applicant’s passport showing the personal details are to

be attached to this application.”.

Part XIX

(1) This Part amends and shall be read and construed as

one with the Central Bank of Malta Act hereinafter in this Part

referred to as “the principal Act”.

(2) The provisions of this Part shall come into force on

such date as the Minister responsible for Finance may by notice in

the Gazette establish.

Immediately after the definition “Minister” in article 2 of

the principal Act, there shall be added the following new definition>

“ “the Treaty” has the same meaning assigned to it by

the European Union Act.”.

Article 15 of the principal Act shall be amended as follows>

(a) in paragraph (a) of sub-article (1) thereof for the words

“articles 26 and 33” there shall be substituted the words “articles

26, 33 and 38E”< and

(b) immediately after subarticle (5) thereof, there shall

be added the following new subarticle (6)>

“(6) The rights of the Bank of any collateral security

provided to it by a debtor or other counterparty shall not

be affected by the insolvency proceedings against such

debtor or counterparty, and such collateral security may

be realised by the Bank in satisfaction of its rights.”.

In the definition “payment system” in subarticle (7) of Amendment

article

article 36 of the principal Act, for the words “settlement, netting 36 of the principal

and” there shall be substituted the words “settlement, securities Act.

settlement, netting and”.

Article 37 of the principal Act shall be amended as follows> Amendment of

article

37 of the principal

Act.

(a) in subarticle (1) thereof immediately after the words

“deposits with the Bank” there shall be inserted the words”,

and to report thereon,”< and

(b) in subarticle (3) therof the words “and in carrying

out the compulsory collection of information” shall be deleted.

Immediately after article 38C of the principal Act there Addition

Part VIA

shall be inserted the following new Part VIA>

to the principal

Act.

“PART VIA

RELATIONS WITH INTERNATIONAL AND OTHER

ORGANISATIONS

38D. The Bank shall form an integral part of the

European System of Central Banks as established under

the Treaty and, without prejudice to its primary objective

in terms of article 4 (1), shall participate in carrying out

the tasks and complying with the objectives conferred upon

it by the Protocol on the Statute of the European System

of Central Banks and of the European Central Bank

annexed to the Treaty, and shall assume all rights and

obligations consequential to such a status.

38E. The Bank may open accounts and provide

banking services to international and other organisations

outside Malta, including to their representative offices in

Malta, as may be necessary to fulfil Malta’s international

obligations.

38F. The Bank may, on the basis of international

agreements or upon reciprocity agreements, or otherwise

information.

in order to fulfil its international obligations, disclose

information in its possession to international and other

bodies, authorities and, or organisations, when this is

required to carry out its duties under the law or to fulfil its

international obligations>

Provided that the bodies, authorities and, or

institutions receiving the information are obliged to use

such information solely for such purposes as may be

specifically agreed upon with the Bank>

Provided further that the bodies, authorities and, or

institutions to which information is disclosed are subject

to obligations of professional secrecy.”.

In subarticle (7) of article 42 of the principal Act, the words

“or is counterfeit” shall be deleted.

Article 43 of the principal Act shall be amended as follows>

(a) in subarticle (4) thereof the words from “for such

amounts” to the words “of the Bank” shall be deleted< and

(b) in subarticle (8) thereof, the words “or is counterfeit”

shall be deleted.

In article 44 of the principal Act, for the words “of the

next following six articles” there shall be substituted the words “of

this Part of this Act,”.

Article 45 of the principal Act shall be amended as follows>

(a) the present provision shall be renumbered as

subarticle (1) thereof< and

(b) immediately after sub-article (1) thereof as

renumbered there shall be added the following subarticle>

“(2) Whoseover makes use of legal facilities or

materials to manufacture any currency note in violation of

the rights and conditions under which such facilities or

materials are to be used shall be liable, on conviction, to

imprisonment for a term of not less than two years and not

exceeding ten years.”.

In paragraph (e) in article 47 of the principal Act for the Amendment

article

words “or devices,” there shall be substituted the words “devices, 47 of the principal

Act.

holograms or other components”.

For subarticle (3) of article 49 of the principal Act, there Amendment

article

shall be substituted the following>

49 of the principal

Act.

“(3) Whosoever makes use of legal facilities or materials

to manufacture coins in violation of the rights or the conditions

under which such facilities or materials are to be used, shall be

liable, on conviction, to imprisonment for a term of not less

than thirteen months and not exceeding five years.”.

For article 49A of the principal Act, there shall be Substitution

article

substituted the following>

49A of the

principal Act.

49A. (1) Notwithstanding the provisions of any

“Obligation

other law, a person who is in possession of any counterfeit

currency note or coin shall be obliged to withdraw from

circulation such currency notes or coins which that person

knows or has sufficient reason to believe to be counterfeit,

and shall immediately deliver it over to the Bank.

(2) Any currency note or coin which the Bank,

after examination, has determined to be counterfeit may

be destroyed or otherwise disposed of in such manner and

under such conditions as the Bank may determine.

(3) If, in the course of criminal proceedings,

the court deems it necessary to order the destruction of

counterfeit currency notes or coins, it shall consult with

the Bank beforehand and shall, if and as the Bank may

require, refrain from ordering their destruction and proceed

to consign such currency notes or coins to the Bank for

examination.”.

Amendment of

For the marginal note to article 49B of the principal Act, article

there shall be substituted the following>

49B of the

principal Act.

“Reproduction of currency notes and coins.”.

Addition of

Immediately after article 49B of the principal Act, there articles 49C to

shall be inserted the following articles 49C, 49D and 49E>

49E to the

principal Act.

“Jurisdiction

49C. A person in Malta who has committed any of

the offences stipulated in articles 45 to 49 outside Malta

in relation to the Maltese lira and, or the euro may be

charged and prosecuted for those offences before the courts

in Malta and shall, on conviction, be liable to the

punishment stipulated under these articles as if these

offences had been committed in Malta.

49D. The courts in Malta shall, when awarding

punishment to an offender for any of the offences stipulated

in articles 45 to 49, including the circumstances specified

under article 49C, and in the case where the offences relate

to the Maltese lira and, or the euro, consider any previous

convictions and, or punishment awarded by any court

outside Malta for any similar offence committed by that

offender.

Compilation

49E. (1) There shall be a unit within the Bank

information responsible to analyse suspected counterfeit currency notes

and coins, and to compile a national database thereof.

(2) This unit shall further have sole

responsibility in Malta to analyse suspected counterfeit

currency notes and coins in accordance with Council

Regualtion (EC) No 1338#2001 of 28 June 2001 laying

down measures necessary for the protection of the euro

against counterfeiting, as may be subsequently amended,

and to carry out any tasks or other duties consequential

thereto.”.

Article 52A of the principal Act shall be amended as

follows>

(a) in subarticle (1) thereof for the words “five thousand”

there shall be substituted the words “ten thousand”<

(b)

in subarticle (2) therof -

(i) for the words “for the following breaches>” there

shall be substituted the words “in respect of the following>”<

(ii) for the words “article 24B< and” in paragraph (a)

therein there shall be substituted the words “article 24B<”<

(iii) for the words “article 36.” in paragraph (b)

thereof there shall be substituted the words “article 36>”<

(iv) immediately after paragraph (b) therein there

shall be added the following paragraphs>

“(c) where a credit institution contravenes or

fails to comply with a reporting requirement contained

in any directive issued under article 37 (1)<

(d) where any person contravenes or fails to

comply with the provisions of article 49A to withdraw

from circulation currency notes and coins and to

deliver them to the Bank<

(e) upon any body corporate where the offences

referred to in articles 45 to 49 are committed for their

benefit by any person, acting either individually or as

part of an organ of the body corporate and who has a

senior position within the body corporate, on the basis

of -

(i) a power of representation of the body

corporate, or

(ii) an authority to take decisions on behalf

of the body corporate, or

(iii) an authority to exercise control within

the legal person,

or where such person aids or acts as an accessory in

the commission of such offence or the attempted

commission of such offences< and

(f) upon any body corporate where the lack of

supervision or control by any person referred to in

paragraph (e) has rendered possible the commission

of an offence referred to in the same paragraph for

the benefit of that body corporate by a person under

his authority.”< and

(c) for sub-article (3) thereof there shall be substituted

the following>

“(3) Notwithstanding the proviso to subarticle (1),

the Minister may, by regulations, further provide for

administrative penalties which may be imposed and

recovered by the Bank without recourse to a court hearing

in respect of a credit institution which contravenes or fails

to comply with a reserve deposit requirement as may be

contained in any directive issued under the provisions of

article 37 and in this case the administrative penalty may

be calculated on a percentage basis and applied to the

amount of the reserve deposit which a credit institution

fails to provide in contravention of the said directive.”.

Part XX

(1) This Part amends and shall be read and construed

as one with the Goldsmiths and Silversmiths Act, hereinafter in this

Part referred to as “the principal Act”.

(2) The provisions of this Part shall be deemed to have

come into force on 1st April, 2004.

Article 2 of the principal Act shall be amended as follows>

(a) for the definition “fineness mark” therein, there shall

be substituted the following>

“ “fineness mark” is a mark in arabic numerals

imprinted on the precious metal alloy of a precious metal

article representing the standard of fineness of the said

alloy, and the type of precious metal therein<” and

(b) for the definition “placed on the market” therein, there

shall be substituted the following>

“ “placed on the market” means in any way made

available on the market in the territory of Malta with a

view to the distribution and, or, use in the said territory or

in such other territory as may be prescribed<”.

For the words “The provisions of Article 4 of this Act

shall not apply to -” in article 5 of the principal Act there shall be

substituted the words “The provisions of subarticles (iii), (iv) and

(v) of article 4 hereof shall not apply to -”.

For the article 7 of the principal Act there shall be

substituted the following-

7. No precious metal articles shall be placed on the

“Documenta-

accompanying market if >-

(i) such an article, marked in accordance with

the provisions of article 4 and containing a non-

precious metal part or parts is not accompanied by

such documents as the Consul may require or as may

be prescribed<

(ii) such an article, exempt from marking under

the provisions of article 5 is not accompanied by a

document or certificate as may be prescribed<

(iii) such an article does not carry a label clearly

indicating the type of precious metal alloy or alloys

making up the article and the standard of fineness

thereof except as may be prescribed.”.

For the article 19 of the principal Act there shall be Addition of new

article

substituted the following new article>-

19 to the principal

Act.

19. Any article imprinted or exempt from such

imprinting under the provisions of the Goldsmiths and

Silversmiths Ordinance shall for a transitory period of two

years from the 1st April, 2004 be deemed to be in

compliance with the provisions of this Act.”.

PART XXI

(1) This Part amends and shall be read and construed Amendment of the

External

as one with the External Transactions Act hereinafter in this Part Transactions Act,

referred to as “the principal Act”.

(2) The provisions of this Part shall come into force on

such date as the Minister responsible for finance may by notice in

the Gazette establish.

Article 2 of the principal Act shall be amended as follows> Amendment of

article

2 of the principal

(a) immediately after the definition “Minister” there shall

Act.

be added the following new definitions>

“ “monetary instruments” includes cheques, drafts or

travellers’ cheques, any anonymous or bearer certificates

of a financial or monetary nature which are convertible

into cash, irrespective of the issuer, and in particular,

negotiable and other securities and instruments, whether

denominated in Maltese lira or foreign currency<”< and

(b) in paragraph (b) in the definition “resident”, the words

“ or of a Member State” shall be deleted.

For article 7 of the principal Act there shall be substituted

the following>-

7. The Minister may by regulations require any

person to declare to the Comptroller of Customs the import

or export by such person of banknotes and coins

denominated in Maltese liri and, or in foreign currencies,

and, or foreign exchange, and, or monetary instruments,

and, or precious metals, and, or precious stones into or

from Malta in such amounts as may be specified in such

regulations and to disclose such other information as may

be prescribed in such regulations regarding such import or

export.”.

For subarticle (1) of article 10 of the principal Act, there

shall be substituted the following>

“(1) Regulations under this Act imposing

restrictions on any transactions, or any obligation to report,

provide statistics or other information may also provide>

(a) that any person who contravenes any

provisions thereof shall be guilty of an offence and

shall be liable on conviction to a fine (multa) of not

more than twenty thousand Maltese liri<

(b) for the forfeiture of any monies, monetary

instruments or other things not declared in terms of

any regulations made under article 7<

(c) for administrative penalties in lieu of

criminal proceedings, the procedures therefor as well

as for procedures for bringing appeals from decisions

in connection therewith to the Financial Services

Tribunal within such period and under such conditions

as established under article 21 of the Malta Financial

Services Authority Act or such other body as may be

prescribed.”.

For the words “ot to comply” in the English text of

subarticle (2) of article 11 of the principal Act, there shall be

substituted the words “or to comply”.

PART XXII

(1) This Part amends shall be read and construed as Amendment to the

Value Added

one with The Value Added Tax (Amendment) Act, 2003, hereinafter Tax (Amendment)

Act, 2003.

referred to as “the principal Act”.

Act X of 2003.

(2) The provisions of this Part shall be deemed to have

come into force on the 3rd October, 2003 upon the promulgation of

the principal Act, and the provisions of the principal Act, when

brought into force, shall be deemed to have been so brought into

force as amended by this Part.

Article 10 of the principal Act shall be amended as Amendment of

article

10 of the principal

Act.

(a) in subarticle (4) of article 15 therein for the words

“within thirty days from the date in which he receives as invoice

or similar document for that supply” there shall be substituted

the words “subject to such conditions, and, or, within such time,

as the Minister may by regulations prescribe”< and

(b) in subarticles (1) (2) (4) and (5) of article 19 therein,

for the words “fifteen per cent” there shall be substituted the

words “eighteen per cent”.

Article 28 of the princiapal Act shall be substituted by Substitution of

article

the following>-

28 of the principal

Act.

28. Article 53 of the principal Act shall be amended

as follows>

(a) in paragraph (c) thereof for the words

“whether any taxable or exempt with credit supplies

have been made by or to that person or the value of

any such supplies” there shall be substituted the words

“whether any taxable or exempt with credit supplies

have been made by or to that person or whether any

intra community acquisitions or importations have

been made by that person or the value of any such

supplies, acquisitions or importations”<

(b) in sub-paragraph (d) therein, for the words

“under this Act.” there shall be substituted the words

“under this Act< and”< and

(c) after sub-paragraph (d) therein, there shall

be added the following new sub-paragraph (e)>

“(e) when a taxable person established in

Malta stores invoices which he issues or receives

by an electronic means guaranteeing on-line

access to the data and when the place of storage

is in a Member State other than that in which he

is established, the Commissioner shall have the

right to access by electronic means, download,

and use such invoices for the purpose of ensuring

compliance with the provisions of this Act.”.

Part XXIII

(1) This Part amends and shall be read and construed

as one with the Civil Code, hereinafter in this Part referred to as

16. “the Code”.

(2) The provisons of articles 117, 118, 121, 122 and 123

of this Part shall be deemed to have come into force on the 16th

December, 2003 whreas the provisions of articles 119 and 120 shall

come into force on such date as the Miniter responsible for Justice

may be notice in the Gazette establish.

In article 91 of the Code for the words “by the Court”

there shall be substituted the words “by such Court as may be

prescribed by or under any law in force from time to time”.

In article 106 of the Code, the words “of voluntary

jurisdiction” shall be deleted, and immediately after the words “shall

be required.” there shall be added the words “For the purposes of

this article “the court” means such court or courts as may be

prescribed by or under any law in force from time to time.”.

In the definition “overseas adoption” in paragraph (d)

of subarticle (2) of article 113 of the Code, immediately after the

words “such country outside Malta” there shall be added the words

“or in Malta in respect of a child not habitually resident in Malta or

in favour of spouses or a person not habitually resident in Malta, or

in accordance with the provisions of an International Treaty to which

Malta is a party”.

Immediately after article 130 of the Code there shall be

added the following new article 130A>–

“Provisions

Notwithstanding the foregoing provisions of

of

international this Title, where an overseas adoption is regulated by the

treaty to

provisions of an interntional treaty to which Malta is a

prevail.

party, the Minister responsible for Justice may make

regulations as he may deem appropriate for the

implementation of the provisions of such a treaty, and the

powers of the Court in respect of such an overseas adoption

shall be exercised in accordance with and within the limits

allowed by the terms of the treaty and to ensure that the

provisions of such treaty are complied with.”.

121. In subarticle (3) of article 131 of the Code for the words Amendment of

article

“the court of voluntary jurisdiction” there shall be substituted the 131 of the Code.

words “such court as may be prescribed by or under any law in force

from time to time”.

122. In subarticle (1) of article 133 of the Code, for the words Amendment of

“the court of voluntary jurisdiction” there shall be substituted the article

133 of the Code.

words “such court as may be prescribed by or under any law in force

from time to time”.

123. In subarticle (2) of article 134 of the Code, for the words Amendment of

“the court of voluntary jurisdiction” there shall be substituted the article

134 of the Code.

words “such court as may be prescribed by or under any law in force

from time to time”.

Part XXIV

124. (1) This Part amends and shall be read and construed Amendment of the

Competition Act.

as one with the Competition Act, hereinafter in this Part referred to Cap. 379.

as “the principal Act”.

(2) Applications made to the Director for individual Transitory

exemption and negative clearance under articles 7 and 10 of the provision.

Competition Act repealed by this Act shall lapse on the date of entry

into force of articles 131 and 134 of this Act>

Provided that individual exemptions and negative

clearances granted by the Director before the entry into force of

articles 131 and 134 of this Act, shall remain valid but may be

amended or revoked in accordance with subarticle (5) of article 7

and subarticle (4) of article 10 of the principal Act as in force before

the passing of this Act which shall continue to apply to them

notwithstanding their repeal by this Act.

125. In the long title to the principal Act, immediately after Amendment of the

long

the words “regulate competition” there shall be inserted the words Title to the Act.

“, enable the application of Council Regulation (EC) 1#2003”.

Article 2 of the principal Act shall be amended as follows>

126. (a) for the definitions “relevant market”, “restrictive

practice” and “turnover” there shall be substituted respectively

the following definitions>

“ “relevant market” means the market for the product

whether within Malta or limited to any particular area or

locality within Malta, or outside Malta, and whether or

not restricted to a particular period of time or season of

the year<”<

“restrictive practice” means an agreement between

undertakings, a decision by an association of undertakings

or a concerted practice prohibited under article 5 of this

Act or Article 81 of the EC Treaty and, or an abuse by one

or more undertakings of a dominant position prohibited

under article 9 of this Act or Article 82 of the EC Treaty<”

and

“turnover” means the total turnover of an undertaking

realised during the preceding financial year on the affected

market<”< and

(b) the following definitons shall be inserted and placed

in their proper alphabetical order>

“ “EC Treaty” means the Treaty establishing the

European Community<

“European Commission” means the Commission of

the European Community<

“Member States” means all Member States of the

European Union<

“National Competition Authority” means a national

competition authority as designated in terms of Article 35

(1) of Council Regulation (EC) 1#2003<”.

127. For paragraph (c) of subarticle (1) of article 3 of the

principal Act, there shall be substituted the following>

“(c) to carry out all the functions and duties assigned to

it under this Act related to the investigation, determination and

suppression of restrictive practices< and”.

128. In paragraph (a) of subarticle (6) of article 4 of the Amendment

article

principal Act, immediately after the words “Schedule to this Act” 4 of the principal

Act.

there shall be added the words “or in any other law”.

129. Immediately after subarticle (2) of article 5 of the Amendment of

article

principal Act, there shall be added the following subarticles>

5 of the principal

Act.

“(3) The provisions of subarticle (1) shall not apply in

the case of -

(a)

any agreement between undertakings< or

(b)

any decision by an association of undertakings< or

(c)

any concerted practice,

which contributes towards the objective of improving

production or distribution of goods or services or promoting

technical or economic progress and which allows consumers a

fair share of the resultant benefit and which does not>

(i) impose on undertakings concerned any restriction

which is not indispensable to the attainment of the said

objective< or

(ii) give the undertakings concerned the possibility

of eliminating or significantly reducing competition in

respect of a substantial part of the products to which the

agreement, decision or concerted practice refers.

(4) The undertaking or association of undertakings

claiming the benefit of subarticle (3) shall bear the burden of

proving that the conditions of that subarticle are fulfiled.

(5) Article 81 of the EC Treaty, shall also apply, where

any agreements between undertakings, any decision by an

association of undertakings or any concerted practice may

appreciably affect trade between Malta and any one or more

Member States.

(6) The application of subarticles (1), (2) and (3) hereof

shall not be deemed to include the prohibition of agreements,

decisions by associations of undertakings or concerted practices

which may affect trade between Member States but which do

not restrict competition within the meaning of Article 81 (1) of

the EC Treaty or which fulfil the conditions of Article 81 (3) of

the EC Treaty, or which are covered by a Regulation for the

application of Article 81 (3) of the EC Treaty.”.

130. In subarticle (2) of article 6 of the principal Act, for the

words “the relevant market>” there shall be substituted the words

“the relevant market.” and the proviso thereto shall be deleted.

Article 7 of the principal Act shall be deleted.

Article 8 of the principal Act shall be amended as follows>

(a) in subarticle (1) thereof for the words “form the

provisions of article 5” there shall be substituted the words

“from the provisions of subarticle (1) of article 5”< and

(b) in subarticle (2) thereof for the words “subarticle (1)

of article 7” there shall be substituted the words “subarticle (3)

of article 5”.

Article 9 of the principal Act shall be amended as follows>

(a) in subarticle (1) thereof for the words “in the relevant

market” there shall be substituted the words “within Malta or

any part of Malta”<

(b) in subarticle (2) thereof the words “in the relevant

market” shall be deleted<

(c)

subarticle (3) thereof shall be deleted<

(d) subarticles (4) and (5) shall be renumbered as

subarticles (3) and (4) respectively<

(e) in the subarticle (4) as renumbered for the words “In

determining whether the purchase or selling price is excessive

or unfair, the Commission shall consider all relevant factors

and shall where appropriate have regard to>” there shall be

substituted the words “For the purpose of determining whether

the purchase or selling price is excessive or unfair, all relevant

factors shall be considered and in particular>”< and

(f) immediately after subarticle (4) as renumbered there

shall be added the following new subarticle (5)>

“(5) Article 82 of the EC Treaty shall also apply

where any abuse by an undertaking may affect trade

between Malta and any one or more Member States.”.

Deletion of article

Article 10 of the principal Act shall be deleted.

10 of the principal

Act.

In subarticle (1) of article 12 of the principal Act, Amendment of

article

immediately after the words “by a complainant” there shall be added 12 of the principal

the words “or at the request of any designated National Competition Act.

Authority of any other Member State or the European Commission”.

For articles 12A and 13 of the principal Act, there shall Substitution

articles 12A

be substituted the following articles 12A, 13 and 13A>-

and 13 of the

principal Act.

12A. (1) Where, upon the conclusion of an

investigation, it results to the Director that the agreement,

infringement.

decision, concerted practice or abusive conduct

investigated is in breach of the provisions of subarticle (1)

of article 5 and, or subarticle (1) of article 9, he shall issue

a decision finding an infringement, giving his reasons

therefor.

(2) Where it results to the Director that a serious

infringement of subarticle (1) of article 5 and, or of

subarticle (1) of article 9 has taken place due to the gravity

and duration of the agreement, decision, concerted practice

or abusive conduct which have been investigated, the

Director shall make a report to the Commission of the

conclusions arrived at by him in the said investigations,

giving his reasons therefor and making reference to the

evidence in support thereof, which evidence shall at the

request of the Commission be produced before it, following

which the Commission shall issue a decision thereon.

(3) Where it results to the Director that an

infringement of Article 81 and, or Article 82 of the EC

Treaty has occurred, subarticle (2) shall mutatis mutandis

apply.

13. (1) On issuing a decision finding an

infringement under subarticle (1) of article 12A, the

Director shall cause a copy of the decision to be delivered

on the undertaking or association of undertakings

concerned by registrered post or such other documented

delivery as the Director may deem fit, and he may together

with such decision issue a Cease and Desist Order whereby

he orders it or them,as the case may be, to cease and desist

immediately from participating in such agreement,

decision, practice or conduct, and, or a Compliance Order

setting behavioural or structural remedies addressed to it

or them, as the case may be, for the purpose of bringing

the infringement to an immediate and effective end.

(2) The power to issue a Cease and Desist Order or

a Compliance Order in cases of infringements as defined

in subarticles (2) and (3) of article 12A shall rest solely

with the Commission.

(3) Any behavioural or structural remedies set out

in a Compliance Order shall be proportionate to the

infringement committed and necessary to bring the

infringement effectively to an end.

(4) Structural remedies set out in a Compliance

Order may be imposed only where there is no equally

effective behavioural remedy or where any equally

effective behavioural remedy would be more burdensome

for the undertaking concerned than the structural remedy.

13A. (1) The undertaking or association of

Commission.

undertakings concerned may, within fifteen days from the

notification of the decision issued by the Director, request

him to submit the same for review by the Commission and

the Director shall forthwith comply with such request.

(2) The undertaking or association of undertakings

concerned may within fifteen days from the notification

of the Cease and Desist Order or the Compliance Order

issued by the Director, request him to submit the same for

review by the Commission, and the Director shall forthwith

comply with such request, provided that such review shall

not have the effect of suspending the Cease and Desist

Order or the Compliance Order.”.

Subarticle (1) of article 14 of the principal Act shall be

amended as follows>

(a) in paragraph (a) thereof, the words “and the Director

need not in such cases inform the Commission of the complaint

in question” shall be deleted< and

(b) in paragraph (b) thereof, for the words “subarticle

(6) of article 7” there shall be substituted the words “subarticle

(1) of article 13A”.

Articles 15A and 15B of the principal Act shall be

138.

artikoli 15A u 15B

jit[assru.

ta’ l-Att prinçipali.

For article 16 of the principal Act, there shall be Substitution

article

substituted the following>

16 of the principal

Act.

16. Any person who acts in breach of articles 5 and,

Offences.

or 9 of this Act, and, or Articles 81 and, or 82 of the EC

Treaty, shall be guilty of an offence under this Act.”.

In article 17 of the principal Act, for the marginal note Amendment of

article

there shall be substituted the words “Disobedience of a cease and 17 of the principal

desist order and a compliance order”, immediately after the words Act.

“Cease and Desist Order” there shall be added the words “or a

Compliance Order”, immediately after the words “Director” there

shall be added the words “or the Commission”, and for the words

“article 12A” there shall be substituted the words “article 13”.

In article 18 of the principal Act, for the words “to an Amendment of

article

order” there shall be substituted the words “to an interim measure”, 18 of the principal

and for the words “such order” there shall be substituted the words Act.

“such measure”.

In article 19 of the principal Act, for the words “For the Amendment of

article

purposes of articles 16 and 18 any decision, or order of the 19 of the principal

Commission or the Director” there shall be substituted the words Act.

“Any decision or order of the Commission or the Director”.

Deletion of article

Article 20 of the principal Act shall be deleted.

20 of the principal

Act.

Subarticle (1) of article 21 of the principal Act shall be Amendment of

article

amended as follows>

21 of the principal

Act.

(a) for the words “16, 18 or 20” there shall be substituted

the words “16 or 18”<

(b)

the first proviso thereto shall be deleted< and

(c) in the second proviso thereof for the words “Provided

further” there shall be substituted the words “Provided”.

Article 22 of the principal Act shall be deleted.

Deletion of article

22 of the principal

Act.

In article 27 of the principal Act, for the words Amendment of

article

“subsection (2) of section 5” there shall be substituted the words 27 of the principal

“article 5 or, where it is alleged that there is an abuse of a dominant Act.

position, in accordance with article 9”.

Article 28 of the principal Act shall be substituted as

follows.

“It shall not

28. It shall not be lawful to issue any precautionary

be lawful to

warrant referred to in the Code of Organization and Civil

precautionary

Procedure against the Director or the Commisison in

respect of the exercise of their functions under this Act.”.

Article 33 of the principal Act shall be amended as

follows>

(a) the present provision shall be renumbered as

subarticle (1) thereof< and

(b) immediately after subarticle (1) thereof as

renumbered, there shall be added the following new subarticle>

“(2) Without prejudice to the provisions of subarticle

(1) hereof, and the provisions of the European Union Act,

the Minister may make regulations enabling the application

of Council Regulation (EC) 1#2003 on the implementation

of the rules on competition laid down in Articles 81 and

82 of the EC Treaty and may in particular provide for>

(a) the power to the Office for Fair Competition

to conduct joint investigations, to co-operate, and to

exchange information with other National

Competition Authorities<

(b) the procedure for co-operation between

the Commission, the European Commission and the

national courts and competition authorities<

(c) the power to waive or reduce the applicable

fine in cartel investigations.”.

The Schedule to the principal Act shall be amended as

follows>

(a)

in the proviso to rule 8 therein>

(i) in paragraph (b) thereof, for the words “to the

matter.” there shall be substituted the words “to the

matter<”< and

(ii) immediately after paragraph (b) therein, there

shall be added the following paragraph (c)>

“(c) the European Commission in all cases

involving the application of Article 81 and, or Article

82 of the EC Treaty shall have a right to make

submissions on any matter before the Commission,

as well as to present any documents or other evidence

that may be relevant to the matter.”<

(b)

rule 12 therein shall be deleted<

(c) rules 13 and 14 therein shall be renumbered

respectively as rules 12 and 13< and

(d) for rule 13 as renumbered there shall be substituted

the following>

“13. In the interpretation of this Act, the

Commission shall have recourse to its previous decisions,

judgements of the Court of First Instance and the Court of

Justice of the European Community. It shall also have

recourse to relevant decisions and statements of the

European Commission including interpretative notices on

the relevant provisions of the EC Treaty and secondary

legislation relative to competition.”.

Part XXV

(1) This Part of the Act amends and shall be read and Amendment of the

construed as one with the Land Acquisition (Public Purposes) Land

(Public Purposes)

Ordinance, hereinafter in this Part referred to as “the principal law”. Ordinance, Cap.

88. (2) The provisions of this Part shall be deemed to have

come into force on the 29th April, 2004.

In the definition “public purpose” in article 2 of the Amendment

article

principal law, immediately after the words “by any enactment<” there 2 of the principal

shall be added the words “and for the purposes of this definition, law.

where the purpose for the exercise of any right under this

Ordinance is connected with the utilisation of any land or any right

in connection or in relation therewith for any purpose connected

with the supply, storage or distribution of fuels or other sources of

energy, or in connection with the provision of any utility or municipal

services or infrastructural project shall be deemed to be connected

with or ancillary to the public interest or utility<”.

In article 29 of the principal law, immediately after

subarticle (10) there shall be added the following new subarticle>-

“(11) Where any land has been declared subject to any

rights in favour of the Government in virtue of this article, the

Government may transfer any such rights over such land to any

other person or authority>

Provided that the exercise by the transferee of the right so

transferred shall continue to be so exercised for a public

purpose.”.

PART XXVI

This Part of the Act amends and shall be read and

construed as one with the Business Promotion Act, hereinafter in

this Part referred to as “the principal Act”.

In sub-article (1) of article 2 of the principal Act, in the

definition “Minister”, for the words “in that behalf<” there shall be

substituted the words “in that behalf>” and immediately thereafter,

there shall be inserted the following new proviso>

“Provided that, for the purposes of Part VIII of this Act,

the Minister shall mean the Minister responsible for finance<”.

In sub-article (2) of article 57 of the principal Act, the

words “responsible for Economic Services” shall be deleted.

In sub-article (1)(b) of article 58 of the principal Act,

for the words “European Union directives<” there shall be substituted

the words “present and future acts of the European Union<”.

Immediately after article 58 of the principal Act, there

shall be added the following new article>-

58A. The Minister may make regulations to give

“Power to

make

effect to any of the provisions of this Part.”.

regulations.

In subarticle (1) of article 59 of the principal Act, for Amendment

article

the words “provisions of this Act” there shall be substituted the words 59 of the principal

Act.

“provisions of this Act, other than the provisions under Part VIII,”.

PART XXVII

This Part amends the Income Tax Act and it shall be Amendment of the

Income Tax Act.

read and construed as one with the Income Tax Act, hereinafter in Cap. 123.

this Part referred to as “the principal Act”.

Subarticle (10) of article 56 of the principal Act shall be Amendment of

article 56 of the

amended as follows>

principal Act.

(a) in paragraph (a) thereof, for the words “of the

Immigration Act” there shall be substituted the words “of the

Immigration Act before the first day of May, 2004 or who

satisfies the conditions that may be prescribed by the Minister”<

(b) in sub-paragraph (ii) of paragraph (a) thereof, for the

words “first day of January, 1988” there shall be substituted

the words “first day of January, 1988 but before the first day of

May, 2004 or who satisfies the conditions that may be prescribed

by the Minister”.

PART XXVIII

This Part amends and shall be read and construed as one Amendment of the

Lotteries and

with the Lotteries and Other Games Act, 2001, hereinafter in this Other Games Act,

Part referred to as “the principal Act”.

2001. Act XXIV

of 2001.

In subarticle (1) of article 2 of the principal Act, for the Amenment of

definitions “tombola game”, “tombola scorecard” and “tombola article

principal Act.

scoresheet” there shall respectively be substituted the following>–

“tombola game” means a game of chance, also known as

“bingo” in which the player uses a tombola scoresheet or a

tombola scorecard or an electronic representation thereof

bearing numbers, and is played by marking or covering numbers

from one (1) to ninety (90), both numbers inclusive, as are

identical to numbers drawn by chance, whether manually or

electronically, and won by the player who first marks or covers

the “line” which is achieved when, during one game, for the

first time all five numbers on one horizontal row on one

scorecard are drawn< or the “house” or “bingo” which is

achieved when, during one game, for the first time all the fifteen

numbers on one scorecard are drawn<

“tombola scorecard” means the unit of tombola game on

which some of the numbers participating in such tombola game

are printed or otherwise electronically represented, and by which

a player may participate in such tombola game<

“tombola scoresheet” means a combination of tombola

scorecards on which all the numbers participating in a tombola

game are printed or otherwise electronically represented, and

by which a player participates in such tombola game.”.

PART XXIX

This Part amends and shall be read and construed as one

with the Gaming Act, hereinafter in this Part referred to as “the

400. principal Act”.

In article 50 of the principal Act, for paragraph (c)

thereof, there shall be substituted the following>–

“(c) regulate junkets and prescribe the rate of taxation

applicable to takings generated by junkets<”.

Passed by the House of Representatives at Sitting No. 128 of the 11th May,

2004. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Mitbug] fl-Istamperija tal-Gvern - Printed at the Government Printing Press