Legislator Case Law & Legislation
DE FR IT EN
Analyze in Legislator
act_2011_6 MT

VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur

184 Articles / Provisions · Malta
Open official source Machine-readable Markdown (.md)

Table of Provisions (184)

Art. 1 Short title and commencement. First Schedule Art. 2 Second Schedule Art. 3 Third Schedule Art. 4 Functions of the Authority. Fourth Schedule Art. 5 Establishment of the Co- ordination Committee. Art. 6 Art. 7 Art. 8 Establishment of the Board of Governors. Art. 9 Composition of the Board. Art. 10 Art. 11 Duties of the Board. Art. 12 Art. 13 Establishment of the Office for Competition. Art. 14 Art. 15 Different degrees of priority. Art. 16 Art. 17 Art. 18 Art. 19 Art. 20 Art. 21 Art. 22 Responsibilities of the Standards and Metrology and Metrology Institute. Art. 23 List of Standards to be published. Art. 24 Conformity Mark. Art. 25 Art. 26 Art. 27 Art. 28 Disclosure of confidential information. Art. 29 Art. 30 Art. 31 Establishment of the Competition and Consumer Appeals Tribunal. Art. 32 Composition. Art. 33 Registry of the Appeals Tribunal. Art. 34 Art. 35 Art. 36 Art. 37 Procedures of the Appeals Tribunal. Art. 38 Staff appointments. Art. 39 Appointment of officers and employees of the Authority. Art. 40 Detailing of public officers for duty. with the entities. Art. 41 Art. 42 Offer of permanent employment with the Authority to public officers detailed for duty with the Authority. Art. 43 Engagement of consultants and advisers. Art. 44 Oath of secrecy. Art. 45 Disclosure of interest . Art. 46 Art. 47 Art. 48 Authority to meet expenditure out of revenue. Art. 49 Power to borrow or raise capital. Art. 50 Art. 51 Art. 52 Art. 53 Expenditure to be according to approved estimates. Art. 54 Art. 55 Art. 56 Deposit of revenues and payments by the Authority. Art. 57 Contracts of supply or works. Art. 58 Annual Report. Art. 59 Art. 60 Art. 61 Art. 62 Transitory provisions. Art. 63 Art. 64 Art. 65 Art. 66 Establishment of Directorates. Art. 67 Responsibilities of Directorates. Art. 68 Art. 69 Art. 70 Art. 71 Regulations. Art. 72 National standards. Art. 73 Amendment to the Consumer Affairs Act. Art. 74 Art. 75 Art. 76 Amendment of the Title of Part II of the principal Act. Art. 77 Substitution of article 3 of the principal Act. Art. 78 Amendment of article 4 of the principal Act. Art. 79 Art. 80 Amendment of article 7 of the principal Act. Art. 81 Amendment of article 8 of the principal Act. Art. 82 Amendment of article 9 of the principal Act. Art. 83 Addition of article 9A of the principal Act. Art. 84 Art. 85 Amendment of article 12 of the principal Act. Art. 86 Addition of article 12B of the principal Act. Art. 87 Art. 88 Art. 89 Art. 90 Art. 91 Art. 92 Art. 93 Amendment of article 25 of the principal Act. Art. 94 Amendment of article 25A of the principal Act. Art. 95 Amendment of article 26 of the principal Act. Art. 96 Amendment of article 34 of the principal Act. Art. 97 Art. 98 Art. 99 Art. 100 Art. 101 Art. 102 Art. 103 Art. 104 Art. 105 Art. 106 Amendment of article 106A of the principal Act. Art. 107 Substitution of article 109 of the principal Act. Art. 108 Deletion of article 110 of the principal Act. Art. 109 Deletion of heading and title of the principal Act. Art. 110 Deletion of article 110A of the principal Act. Art. 111 Amendment of article 110B of the principal Act. Art. 112 Amendment of article 110C of the principal Act. Art. 113 Art. 114 Art. 115 Art. 116 Art. 117 Addition of new article 110H to the principal Act. Art. 118 Renumbering of Part. Art. 119 Amendment of the Second Schedule to the principal Act. Art. 120 Amendment to the Competition Act. Art. 121 Amendment of article 2 of the principal Act. Art. 122 Amendment of article 3 of the principal Act. Art. 123 Deletion of article 4 of the principal Act. Art. 124 Amendment of article 5 of the principal Act. Art. 125 Art. 126 Art. 127 Art. 128 Amendment of article 12 of the principal Act. Art. 129 Art. 130 Art. 131 Art. 132 Art. 133 Art. 134 Art. 135 Art. 136 Art. 137 Art. 138 Art. 139 Art. 140 Art. 141 Art. 142 Art. 143 Art. 144 Amendment of article 29 of the principal Act. Art. 145 Art. 146 Art. 147 Art. 148 Art. 149 Art. 150 Art. 151 Amendment to the Public Administration Act. Art. 152 Amendment of Part 1 of the Second Schedule of the principal Act. Art. 153 Repeal of Malta Standards Authority Act. Art. 154 Saving subsidiary legislation under the Malta Standards Authority Act. Art. 155 References to the Malta Standards Authority. Art. 156 Amendment to the Product Safety Act. Art. 157 Amendment of article 2 of the principal Act. Art. 158 Art. 159 Art. 160 Art. 161 Amendment of article 38 of the principal Act. Art. 162 Amendment to the Metrology Act. Art. 163 Amendment of article 2 of the principal Act. Art. 164 Art. 165 Art. 166 Art. 167 Art. 168 Art. 169 Amendment of article 2 of the principal Act. Art. 170 Amendment to the Trade Descriptions Act. Art. 171 Amendment of article 2 of the principal Act. Art. 172 Amendment of article 22 of the principal Act. Art. 173 Amendment to the Food Safety Act. Art. 174 Amendment of article 5 of the principal Act. Art. 175 Art. 176 Art. 177 Art. 178 Amendment of article 2 of the principal Act. Art. 179 Amendment to the Code of Organization and Civil Procedure. Art. 180 Amendment of article 253 of the Code.

Statutory Text (184 Articles)

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 1 Short title and commencement. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The short title of this Act is the Malta Competition

and Consumer Affairs Authority Act 2011.

(2) This Act shall come into force on such date as the Minister,

by notice in the Gazette, may appoint and different dates may be so

appointed for different provisions of this Act.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
First Schedule — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(ARTICLE 44)

FORM OF OATH

I, ............................ swear/solemnly affirm that I will fully and honestly fulfil

my duties as an officer of the Authority in conformity with the requirements of the

Malta Competition and Consumer Affairs Authority Act 2011, and any other laws

that the Authority administers and of all orders made thereunder, and that I will

not, except in the performance of my duties under that Act and such other laws and

orders, disclose or make known during my service as an officer within such

Authority or at any time thereafter, any matter which comes to my knowledge

relating to any person, household or undertaking by reason of my service as an

officer within such Authority.

So help me God.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 2 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In this Act, unless the context otherwise requires:-

Interpretation.

"Appeals Tribunal" means the Competition and Consumer

Appeals Tribunal established by article 31;

"approved university" shall have the same meaning as the term

"competent authority" in terms of article 2 of the Mutual Recognition Cap. 451.

of Qualifications Act;

"association of undertakings" shall have the same meaning

assigned to it in article 2 of the Competition Act;

"Authority" means the Malta Competition and Consumer

Affairs Authority established by article 3;

"Board" means the Board of Governors established by article 8;

"Chairman" means the Chairman of the Board who shall be the

Chairman of the Authority appointed in terms of Article 9(1);

"concentration" shall have the same meaning assigned to it in

regulation 2(d) of the Control of Concentrations Regulations;

"conflict of interest" means that situation in which members of

the Board, officers and employees of the Authority and advisors,

consultants and other persons engaged with the Authority have

private or personal interests sufficient to influence or appear to

influence the objective exercise of their official duties;

"conformity mark" means a mark, issued in accordance with

regulations made under article 24, showing compliance with an

applicable standard;

"consumer association" or "registered consumer association"

means an association registered in terms of Part IV of the Consumer Cap. 378.

Affairs Act;

"Consumer Protection Co-operation Regulation" means

Regulation (EC) No. 2006/2004 of the European Parliament and of

the Council of 27 October 2004 on co-operation between national

authorities responsible for the enforcement of consumer protection

laws (text with EEA relevance);

"Co-ordination Committee" means the committee established by

article 5;

"Council" means the Consumer Affairs Council as established

under article 4 of the Consumer Affairs Act;

"Director General (Competition)" means the person so

appointed by virtue of article 13(2);

"Director General (Consumer Affairs)" means the person so

appointed by virtue of article 16(2);

"Director General (Standards and Metrology)" means the person

so appointed by virtue of article 21(2);

"Director General (Technical Regulations)" means the person so

appointed by virtue of article 19(2);

"draft standard" means a document containing the text of the

technical specifications concerning a given subject, which is being

considered for adoption and as circulated for public comment or

scrutiny;

"entities" means the Office for Competition, Office for

Consumer Affairs, Technical Regulations Division and the Standards

and Metrology Institute, and "entity" shall be construed accordingly

as the context requires;

"European standardization body" means the following bodies

-

CEN - European Committee for Standardization;

-

CENELEC

-

European

Committee

for

Electrotechnical Standardization;

-

ETSI - European Telecommunications Standards

Institute;

"financial year" means any period of twelve months ending on

the 31st December; provided that the first financial year shall start on

the coming into force of this Act and shall end on the 31st December

of the following year;

"Gazette" means the Government Gazette;

"Minister" means the Minister responsible for competition,

consumer affairs, standardization, metrology and technical

regulations;

"Ministry" means the Ministry responsible for competition,

consumer affairs, standardization, metrology and technical

regulations;

"national competent authority" for the purposes of article

17(1)(o) shall have the same meaning assigned to "competent

authority" in article 3(c) of the Consumer Protection Co-operation

Regulation;

"officer" and "employee" includes a public officer detailed for

duty in any of the entities established under this Act;

"permanent secretary" means the person appointed to supervise

the Authority in terms of the Public Administration Act;

"permit" means an authorisation granted by the Standards and

Metrology Institute under article 24 for the use of a conformity mark;

"person" includes individuals, any body corporate and any body

of persons whether it has a distinct legal personality or not;

"prescribed" means prescribed under this Act unless otherwise

stated;

"President" means the President of the Appeals Tribunal as

established under article 31;

"principal permanent secretary" means the person appointed in

terms of article 14 of the Public Administration Act;

"product" means any industrially manufactured product and any

agricultural product, including fish products;

"public authority" means

(i)

the Government, including any Ministry or

Department thereof;

(ii)

a government agency established in terms of the

Public Administration Act; and

(iii)

a government entity as defined in the Public

Administration Act;

"public officer" shall have the same meaning as assigned to it in

article 124 of the Constitution of Malta but does not include a judge

of the superior courts or a magistrate of the inferior courts;

"restrictive practice" shall have the same meaning as assigned to

it in article 2 of the Competition Act;

"single liaison office" shall have the same meaning as assigned

to "single liaison office" in article 3(d) of the Consumer Protection

Co-operation Regulation;

"standard" means a technical specification approved by a

recognised standardization body for repeated or continuous

application, with which compliance is not compulsory, whether or not

including other requirements, and which is one of the following

-

International Standard: a standard adopted by an

international standardization organisation, other than a

European standardization body, and made available to the

public;

-

European Standard: a standard adopted by a

European standardization body and made available to the

public;

-

National Standard: a standard adopted by the

Authority and made available to the public;

"standards programme" means a work programme listing the

subjects on which standardization work is being carried out;

"technical specification" means a specification contained in a

document which lays down the characteristics required of a product

and, or, service such as levels of quality, performance, safety or

dimensions, including the requirements applicable to the product and,

or, service as regards the name under which the product and, or,

service is sold, terminology, symbols, testing and test methods,

packaging, marking or labelling used and the conformity assessment

procedures. This term also covers production methods and processes

used in respect of agricultural products, products intended for human

and animal consumption, and medicinal products, as well as

production methods and processes relating to other products, where

these have an effect on their characteristics.

For the purposes of this definition, "conformity assessment

procedures" means any procedure used, directly and indirectly, to

determine that relevant requirements in technical regulations or

standards are fulfilled, including, inter alia, procedures for sampling,

testing and inspection; evaluation, verification and assurance of

conformity, registration, accreditation and approval as well as their

combinations;

"TFEU" means the Treaty on the Functioning of the European

Union;

"trader" shall have the same meaning as assigned to it in article

2 of the Consumer Affairs Act; and

"undertaking" shall have the same meaning as assigned to it in

article 2 of the Competition Act.

PART II

ESTABLISHMENT, FUNCTIONS AND CONDUCT

OF AFFAIRS OF THE AUTHORITY

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Second Schedule — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(ARTICLE 37)

RULES OF PROCEDURE RELATIVE TO THE COMPETITION AND

CONSUMER APPEALS TRIBUNAL

1. The Appeals Tribunal shall determine any matter before it with fairness

and impartiality and in accordance with the provisions of this Act, the Competition

Act, the Consumer Affairs Act and any regulations made thereunder.

2. Before entering upon their functions, the ordinary members of the

Appeals Tribunal shall take before the President an oath to perform their functions

with fairness and impartiality and in accordance with the provisions of this Act, the

Competition Act, the Consumer Affairs Act and any regulations made thereunder.

3. An ordinary member of the Appeals Tribunal shall abstain and may be

challenged in the same circumstances, mutatis mutandis, as a judge of the superior

courts shall abstain or may be challenged in accordance with the Code of

Organization and Civil Procedure. Any challenge shall be determined by the

President.

4. Decisions of the Appeals Tribunal shall state the reasons therefor and

clearly indicate the undertakings or associations of undertakings to which they are

addressed.

5. Proceedings before the Appeals Tribunal shall be held in public with

due regard being paid to the protection of confidential information or business

secrets

Provided that the undertaking or association of undertakings concerned,

or the Director General (Competition) and the Director General (Consumer

Affairs), or the complainant may request the President to be heard in camera where

the submissions to be made or evidence to be produced is of a confidential nature

or contains business secrets.

Provided further that the Director General (Competition) and the

Director General (Consumer Affairs) and any other officer from the Office for

Competition and the Office for Consumer Affairs duly authorised by the said

Directors General, shall have the right to be present in all proceedings.

6. In all cases involving the application of Article 101 and, or 102 of the

TFEU, the European Commission shall have a right to make submissions on any

matter before the Appeals Tribunal;

7. (a)

A confidential and a non-confidential version shall be produced

of any written observations and documentary evidence submitted before the

Appeals Tribunal; and

(b)The Appeals Tribunal shall verify the confidentiality or

otherwise of the information submitted.

8. The Appeals Tribunal shall have, exercisable through its President, the

powers vested in the Civil Court, First Hall, and in particular the power to

determine the costs that any of the parties is to bear, the power to summon

witnesses, the power to appoint experts and the power to administer the oath.

Where a witness duly summoned fails to appear on the day on which he

is summoned, the President may order the Police to arrest such witness and

produce him before the Appeals Tribunal to give evidence.

9. In the interpretation of this Act, the Appeals Tribunal shall have

recourse to the judgements of the Court of Justice of the European Union, and to

relevant decisions and statements of the European Commission, including

interpretative notices on the relevant provisions of the TFEU and secondary

legislation relative to competition and may also refer to its previous decisions.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 3 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

There shall be a body to be known as the Malta Establishment

of the Authority.

Competition and Consumer Affairs Authority.

(2) The Authority shall be a body corporate having a separate

and distinct legal personality and may, in pursuance of its functions

enter into contracts, acquire, hold or dispose of real and personal

property, sue and be sued and do all such things as are incidental or

conducive to the fulfilment of its functions, including the lending and

borrowing of money.

(3) (a)

The legal and judicial representation of the

Authority shall be vested in the Chairman

Provided that the Board may appoint any one or more of

the Authority’s officers or employees to appear in the name and on

behalf of the Authority in any proceedings and in any act, contract,

instrument or other document whatsoever, or in the case of a vacancy

in the post of Chairman

Provided further that in matters relating exclusively to the

responsibilities of an entity forming part of the Authority as

established in Parts IV to VII of this Act, the legal and judicial

representation of the Authority in those matters shall vest in the

Director General heading the entity.

(b)

Any document purporting to be an instrument

made or issued by the Authority and signed by the Chairman or by the

Directors General in relation to any matter delegated to them on

behalf of the Authority shall be received in evidence and shall, until

the contrary is proved, be deemed to be an instrument made or issued

by the Authority.

(4) The main organs of the Authority are the Board of Organs of the

Governors, the Co-ordination Committee and the four respective Authority.

entities.

(5) Where in this Act anything is to be done by or against or

with respect to the Authority, or any notice is to be or may be given to

or by the Authority, any such thing or notice may also be done by or

against or with respect to or be given to or by the entity under whose

jurisdiction the matter falls; and for the purposes aforesaid any

reference in this Act to the Authority includes a reference to the

appropriate entity.

(6) The Authority shall assume the persona previously vested

in the Office for Fair Competition, Department of Consumer Affairs,

the Malta Standards Authority and the Malta National Laboratory

Company Limited and, from the entry into force of this Act, shall

assume responsibility for all assets, liabilities and obligations

previously entered into by the said Office, Department, Authority and

Company or by other bodies on their behalf.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Third Schedule — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(ARTICLE 18)

LIST OF EU LEGISLATIVE ACTS FOR THE PURPOSES OF WHICH THE

OFFICE FOR CONSUMER AFFAIRS IS THE NATIONAL COMPETENT

AUTHORITY

1. Council Directive 84/450/EEC of 10 September 1984 relating to the

approximation of the laws, regulations and administrative provisions of the

Member States concerning misleading advertising.

2. Council Directive 85/577/EEC of 20 December 1985 to protect the

consumer in respect of contracts negotiated away from business premises.

3. Council Directive 93/13/EEC of 5 April 1993 on unfair terms in

consumer contracts.

4. Directive 97/7/EC of the European Parliament and the Council of 20

May 1997 on the Protection of Consumers in respect of Distance Contracts.

5. Directive 97/55/EC of the European Parliament and of the Council of 6

October 1997 amending Directive 84/450/EEC concerning misleading advertising

so as to include comparative advertising.

6. Directive 98/6/EC of the European Parliament and of the Council of 16

February 1998 on consumer protection in the indication of the prices of products

offered to consumers.

7. Council Directive 1999/44/EC of the European Parliament and of the

Council of 25 May 1999 on certain aspects of the sale of consumer goods and

associated guarantees.

8. Regulation (EC) No 261/2004 of the European Parliament and of the

Council of 11 February 2004 establishing common rules on compensation and

assistance to passengers in the event of denied boarding and of cancellation or long

delay of flights, and repealing Regulation (EEC) No 295/91.

9. Directive 2005/29/EC of the European Parliament and of the Council of

11 May 2005 concerning unfair business-to-consumer commercial practices in the

internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC,

98/27/EC and 2002/65/EC of the European Parliament and of the Council and

Regulation (EC) No 2006/2004 of the European Parliament and of the Council.

10. Directive 2008/48/EC of the European Parliament and of the Council of

23 April 2008 on credit agreements for consumers and repealing Council Directive

87/102/EEC.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 4 Functions of the Authority. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Authority shall have as its purpose the

attainment and maintenance of well-functioning markets for the

benefit of consumers and economic operators.

(2) The functions of the Authority shall be the following

(a)

to promote and enhance competition;

(b)

to safeguard consumers’ interests and enhance their

welfare;

(c)

to promote voluntary standards and provide

standardization related services;

(d)

to promote the national metrology strategy;

(e)

to promote the smooth transposition and adoption

of technical regulations; and

(f)

to perform such other function that may be

assigned to it under this or any other law or regulations.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Fourth Schedule — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(ARTICLE 66)

DIRECTORATES

Subject to the powers of the Minister under article 66, the Office for

Competition, the Office for Consumer Affairs, the Technical Regulations Division

and the Standards and Metrology Institute, shall have the following Directorates

Office for Competition

1. Inspectorate and Cartel Investigations Directorate with the

responsibility to carry out inspections in terms of the Competition Act and to

detect and curtail cartels.

2. Communications, Energy, Transport and Financial Services Markets

Directorate focusing on competition concerns, infringements, and concentrations

in regulated markets.

3. Primary, Manufacturing and Retail Markets Directorate focusing on

restrictive practices and concentrations in other sectors of the economy.

Office for Consumer Affairs

1. Information, Education and Research Directorate with the responsibility

to create awareness of consumer rights, stimulate good trading practices, educate

consumers on making well-informed choices in the market and to undertake

market studies with a view to identifying and rectifying market failures.

2. Complaints and Conciliation Directorate with the responsibility to offer

assistance to consumers and provide mediation between consumers and traders.

3. Enforcement Directorate focusing on public enforcement by

investigating unfair trading practices and unfair contract terms, ensuring price

transparency and compliance with other information requirements and ensuring

observance of consumer related legislation falling within the jurisdiction of the

Office for Consumer Affairs.

Technical Regulations Division

1. Regulatory Affairs Directorate with the responsibility of the

transposition and implementation of legislation in the field of free movement of

goods.

2. Market Surveillance Directorate with the responsibility to ensure that

only goods conforming to regulations are available on the market.

Standards and Metrology Institute

1. Standardization Directorate with the responsibility of the preparation of

an annual standards programme, the co-ordination of standardization and related

activities.

2. Metrology Directorate with the responsibilities of legal, industrial and

scientific metrology.

3. Laboratory Services Directorate with the responsibility of providing

advice and testing services.

Passed by the House of Representatives at Sitting No. 339 of the 13th April,

2011. M ICHAEL F RENDO

Speaker

P AULINE A BELA

Clerk to the House of Representatives

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 5 Establishment of the Co- ordination Committee. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

There shall be established a Co-ordination

Committee, composed of the Chairman and the Directors General of

the four respective entities.

(2) The Co-ordination Committee shall be responsible for co-

ordinating the implementation of the policies of the Authority

established by the Board and shall act as the point of contact and the

principal channel of communication and co-ordination between the

Board of Governors and the entities. The Co-ordination Committee

shall also have such other duties as may from time to time be

delegated to it by the Board.

(3) The Chairman shall preside over the Co-ordination

Committee.

(4) The Chairman shall be responsible for the corporate

services of the Authority, its administration and organization and the

administrative control of its officers and employees.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Board shall appoint one of the Authority’s Establishment

of the Internal

officers as the Internal Auditor, who shall

Audit function.

(a)

provide oversight of the systems of internal control

and risk management of the Authority and to assist and support

the Authority in discharging its responsibilities in relation

thereto;

(b)

provide the communication link with external

auditors and evaluate and coordinate the audit and financial

reporting progress of the Authority;

(c)

scrutinize and evaluate any transaction to be

entered into by the Authority with a value exceeding one

thousand euro (€1,000); and

(d)

review and assess the effectiveness of the financial

management of the Authority in its compliance with policies

and in the discharge of its regulatory and compliance functions

in relation thereto.

(2) The Internal Auditor shall report directly and exclusively

to the Board in accordance with the procedures established by the

Authority.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 7 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The four entities established in Parts IV to VII, Responsibilities

shall have the responsibilities provided for under this Act, the of

Competition Act, the Consumer Affairs Act, the Product Safety Act, Cap.

378. the Metrology Act respectively and any other law or regulations.

(2) The Authority shall achieve the functions set out in article

4 through the responsibilities vested in the respective entities, as

provided under subarticle (1).

(3) The responsibilities vested in each entity shall be exercised

by the Director General heading the respective entity and in doing so

each Director General shall act independently and autonomously, free

from the direction or control of any person or authority without

prejudice to article 12

Provided that in the exercise of the responsibilities vested

in the entities, the Directors General shall ensure that they implement

the policies set by the Board and give effect to government policy and

for this purpose, they shall be subject to the overall supervision and

control of the Board.

PART III

ESTABLISHMENT, DUTIES AND CONDUCT

OF AFFAIRS OF THE BOARD OF GOVERNORS

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 8 Establishment of the Board of Governors. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

There shall be established a Board of Governors within the

Authority.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 9 Composition of the Board. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Board shall be composed as follows

(a)

the Chairman, who shall be appointed by the

Minister, on being satisfied that the person has the requisite

qualifications and experience and who may also occupy any

other post within the Authority;

(b)

not less than seven and not more than ten other

members, to be appointed by the Minister, at least seven of them

being the following:-

(i) one member holding the warrant to practise

as advocate with seven years experience and preferably

with specialisation in competition law and, or in consumer

law;

(ii) one member holding an economics degree

from an approved university with seven years experience

and qualifications, preferably in industrial organisation

and, or behavioural economics;

(iii) one member holding a warrant, issued in

accordance with the Engineering Profession Act, to

practise the profession of engineer, with seven years

experience;

(iv) one member holding a warrant to practise as

pharmacist with seven years experience preferably in the

regulation of medicinal products and pharmaceutical

activities;

(v) one member, holding the warrant to practise

as a certified public accountant with seven years

experience;

(vi) one member, after consultation with the

constituted bodies representing national employers’

organisations sitting in the Malta Council for Economic

and Social Development; and

(vii) one

member,

after

consultation

with

recognised national consumer associations

Provided that in the eventuality that there should be

no such association the Minister may appoint a temporary

member from the workers’ organisations until such time

wherein a member representing a national consumer

association is nominated; and

(c)

one of the members as appointed in sub-paragraphs

(b)(i) to (v) shall be appointed as Deputy Chairman by the

Minister.

(2) The Deputy Chairman shall have all the powers and

perform all the functions of the Chairman during the latter’s absence

or inability to act as Chairman or while the Chairman is on vacation

or during any vacancy in the office of Chairman, or alternatively the

Minister may also, in any circumstances aforesaid, appoint another

person to act as Chairman.

(3) The members of the Board shall be appointed by the

Minister for a term of one year or for such longer period as may be

specified in the instrument of appointment, subject to a maximum of

three years and shall be eligible for reappointment.

(4) (a)

The Board shall designate one of the officers of the Duties of the

Authority to act as secretary for such period as it shall deem Secretary.

appropriate.

(b)

It shall be the duty of the secretary to make the

necessary preparations for the meetings of the Board and to keep

minutes of those meetings.

(5) (a)

A person shall not be eligible to be appointed or to Persons not

eligible to hold

continue to hold office as a member of the Board if that person:-

office.

(i) is a Minister, Parliamentary Secretary, a

member of the House of Representatives, a member of any

Local Council or a member of the European Parliament; or

(ii) is a Judge or a Magistrate; or

(iii) is legally incapacitated or interdicted; or

(iv) has been declared bankrupt or has made a

composition or arrangement with his creditors, so long as

he has not been rehabilitated to trade in terms of the

Commercial Code; or

(v) has been found guilty by any competent court

of any offence involving fraud or other dishonesty, or has

contravened any provision of law designed for protecting

members of the public against financial loss due to

dishonesty, incompetence or malpractice by persons

involved in business activities or in carrying on a

profession, or has engaged in any business practice

appearing to the Minister to be deceitful or oppressive or

otherwise improper (whether unlawful or not) or which

otherwise reflects discredit on his method of conducting

business or his profession, or has been found guilty of any

offence against this Act or any other Act that the Authority

administers or any regulations made thereunder; or

(vi) has a financial or other interest in any

enterprise or activity which is likely to affect the discharge

of his functions

Provided that the Minister may determine that the

person’s interest is not likely to affect the discharge of his

functions and upon such determination that person shall be

qualified to hold the office of member of the Authority

provided that the declared interest and the Minister’s

determination are published in the Gazette; or

(vii) is otherwise not a fit and proper person to

hold that office in accordance with paragraph (b).

(b)

In determining whether a person is a fit and proper

person, the Minister shall have regard to that person’s probity,

competence and soundness of judgment for fulfilling the

responsibilities of that office, to the diligence with which he is

fulfilling or is likely to fulfil those responsibilities and to whether the

interests of any person are, or are likely to be in any way threatened,

by his holding that office.

(c)

Any person whom the Minister has appointed or

proposes to appoint as a member of the Board shall, whenever

requested by the Minister to do so, furnish to him such information as

the Minister considers necessary for the performance of the

Minister’s duties under paragraphs (a) and (b).

(d)

A member of the Board may be relieved from

office by the Minister on the ground of inability to perform the

functions of his office, whether due to infirmity of mind or of body or

to any other cause, or of misbehaviour; and for the purposes of this

paragraph, repeated and unjustified non-attendance at meetings may

be deemed to amount to misbehaviour.

(e)

The names of all the members of the Board and any

change in such membership shall be published in the Gazette.

(f)

Any member of the Board may resign from office

by a letter addressed to the Minister.

(6) The Chairman and the other members of the Board may be

paid such honoraria as the Minister may determine.

(7) Any member of the Board who has any direct or indirect

interest in any matter made or proposed to be made by the Board, not

being an interest which disqualifies such member from remaining a

member, shall, not later than the first meeting held after the relevant

circumstances have come to his knowledge, disclose the nature of his

interest to the Board, and the member having an interest as aforesaid

shall withdraw from any meetings at which such matter is discussed.

Any such disclosure shall be communicated to the Minister without

delay. Where the interest of the member is such as to disqualify him

from remaining a member, he shall report the fact immediately to the

Minister and tender his resignation.

(8) If a member resigns or if the office of a member of the

Board is otherwise vacant or if a member is for any reason unable to

perform the functions of his office, the Minister may appoint a person

who is qualified to be appointed to be a member, to be a temporary

member of the Board; and any person so appointed shall, subject to

the provisions of subarticle (3), cease to be such a member when a

person has been appointed to fill the vacancy or, as the case may be,

when the member who was unable to perform the functions of his

office resumes those functions.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 10 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

Subject to any other provisions of this Act, the Conduct of the

affairs of the

Board may regulate its own procedure.

Board.

(2) The Board shall meet as often as may be necessary but in

no case less frequently than once every calendar month.

(3) The Board may exercise its functions notwithstanding any

vacancy in its membership, as long as such vacancies do not exceed

two in number and provided there is a quorum present at the meeting

consisting of the Chairman or Deputy Chairman and not less than half

the number of the other members constituting the Board at the time of

the meeting.

(4) Meetings of the Board shall be convened by the Chairman,

or by the Deputy Chairman, in the absence of the Chairman, either on

his own initiative or at the written request of any three of the other

members of the Board.

(5) (a)

Decisions shall be taken by a simple majority of

votes of the members present and voting.

(b)

The Chairman or, in his absence, the Deputy

Chairman, or other person appointed to act as Chairman, shall have an

initial vote and, in the event of an equality of votes, a casting vote.

(c)

Without prejudice to the other requirements of this

Act, no decision shall be valid unless it is supported by at least three

members of the Board.

(6) All acts done by any person acting in good faith, as a

member of the Board, shall be valid as if he were a member

notwithstanding that some defect in his appointment or qualification

be afterwards discovered.

(7) No act or proceeding of the Board shall be questioned on

the ground of the contravention by a member of the provisions of

article 10.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 11 Duties of the Board. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

Without prejudice to any other duty assigned to it

by this Act or any other law or regulations, the Board shall have the

following duties

(a)

to determine the policies to be pursued by the

Authority within the context of the policies established by

Government and in line with the functions set out in article 4

and to ensure their proper and effective implementation by the

entities;

(b)

to ensure that the entities execute their

responsibilities under this Act in line with related government

policies;

(c)

to ensure that the entities have the necessary

resources to effectively carry out their responsibilities;

(d)

to guarantee the functional independence of the

entities;

(e)

to publish the business plan after its approval by

the Minister following consultation with the Minister

responsible for Finance;

(f)

to publish the annual report;

(g)

to approve any Memorandum of Understanding,

bilateral or multilateral agreements proposed;

(h)

to advise, make proposals and recommendations to

the Minister on any matter connected with its functions; and

(i)

to monitor the National Accreditation body in order

to ensure that it fulfils the requirements laid down in article 8 of

Council Regulation (EC) No 765/2008 of the European

Parliament and of the Council.

(2) The entities shall provide the Board with all such

information as may be required for the proper performance of its

duties

Provided that the members of the Board shall not have

access to confidential information pertaining to any individual

person, household or undertaking obtained by the entities in the

performance of their responsibilities.

(3) The Board may with the approval of the Minister appoint

ad hoc advisory boards and committees to assist it in the performance

of its functions.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 12 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

It shall be the Minister’s function to ensure that the Relations

Authority is fully informed of Government policies relative to between

Minister and the

consumer and competition matters, standards, metrology and Authority

supervision by

technical regulations and to monitor the proper execution of such Permanent

Secretary.

policies.

(2) Save as otherwise provided in this Act, the Consumer Cap. 378.

Affairs Act, the Competition Act, the Product Safety Act, the Cap. 379.

Metrology Act, the Food Safety Act, the Pesticides Control Act and Cap.

427. any other Act or regulations administered by the Authority, the Cap. 449.

Authority shall be under the general direction and control of the Cap. 430.

Minister and, subject to such direction and control, under the

supervision of the Permanent Secretary responsible for the Ministry.

(3) The Minister may, in relation to matters that appear to him

to affect the public interest, from time to time give to the Authority

directions in writing of a general character not inconsistent with the

provisions of this Act, the Consumer Affairs Act, the Competition

Act, the Product Safety Act, the Metrology Act, the Food Safety Act,

the Pesticides Control Act and any other Act or regulations

administered by the Authority, on the policy to be followed by the

Authority in the carrying out of its functions, by or under this Act,

and the Authority shall, as soon as possible, give effect to all such

directions.

(4) Subarticles (2) and (3) shall not apply in respect of the

powers exercised by the Directors General of the Office for

Competition and Office for Consumer Affairs under this Act, the

Competition Act and the Consumer Affairs Act respectively or any

other law or regulations with respect to the prioritisation,

investigation and determination of cases and enforcement.

(5) The Authority shall afford to the Minister facilities for

obtaining information with respect to its property and financial

activities and furnish him with returns, accounts and other

information with respect thereto, and shall afford to him facilities for

the verification of information furnished, in such manner and at such

times as he may reasonably require.

(6) If the Authority fails to comply with any directions issued

under this article, the Prime Minister may make an order transferring

to the Minister in whole or in part any its functions.

(7) The operations of the Authority shall follow an Authority

performance agreement which is to be agreed to between the

Permanent Secretary and the Authority and for this purpose Article 40

of the Public Administration Act shall mutatis mutandis apply.

(8) Article 38 of the Public Administration Act shall mutatis

mutandis apply to the extent that its application does not conflict with

the provisions of this Act, the Consumer Affairs Act, the Competition

Act, the Product Safety Act, the Metrology Act, the Food Safety Act,

the Pesticides Control Act and any other Act or regulations

administered by the Authority.

PART IV

ESTABLISHMENT OF THE OFFICE FOR

COMPETITION

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 13 Establishment of the Office for Competition. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

There shall be established an office to be

designated as the Office for Competition which shall be headed by the

Director General (Competition).

(2) The Director General (Competition) shall be a person with

professional qualifications, recognised competence, experience and

specialisation in the domain of competition law and, or industrial

organisation economics and, preferably, with knowledge of consumer

matters, and shall be appointed by the Board, following consultation

with the Minister, for a period of three years and such period may be

extended for further periods of three years each

Provided that the first Director General (Competition)

shall be appointed by the Minister.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 14 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The responsibilities of the Office for Competition Responsibilities

of the Office.

shall be the following:-

(a)

to investigate, determine and suppress restrictive

practices;

(b)

to examine and control concentrations between

undertakings in terms of their effect on the structure of

competition on the market;

(c)

to act as the national competition authority in

Malta as designated by virtue of article 35(1) of Council

Regulation (EC) No 1/2003;

(d)

to keep under review markets and commercial

activities relating to the supply of goods and services and to

collect information and evidence for the purpose of ascertaining

whether such markets and activities may adversely affect the

interests of consumers;

(e)

to study markets and recommend action where

required;

(f)

to encourage undertakings and associations of

undertakings to comply with competition law and promote

sound trading practices;

(g)

to provide advice to public authorities about the

competition implications of proposals for legislation;

(h)

to provide advice to public authorities on the

competition issues which may arise in the performance of their

functions;

(i)

to provide advice on the competition constraints

imposed either by legislation, policy or administrative practices;

(j)

to assist in the drawing up of the Authority’s

business plan;

(k)

to participate in meetings

organised

by

international agencies and organisations;

(l)

to provide advice to the Board on competition

matters;

(m)

to submit an annual report on its work to the Board;

and

(n)

generally to exercise the powers conferred upon it

under this Act and under the Competition Act and any

regulations made thereunder.

(2) In the exercise of the responsibilities mentioned in

subarticles (1)(d) and (e), the Director General (Competition) shall

co-operate with the Director General (Consumer Affairs) if the latter

is carrying out a review or study in respect of the same market.

(3) Nothing in this Act shall be construed as to give any

person, consumer or undertaking a right to require the Director

General (Competition) to act on his behalf and in his interest in any

particular matter or dispute with any trader, supplier of services or

undertaking before any court, tribunal or elsewhere.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 15 Different degrees of priority. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Office for Competition may allocate different

degrees of priority to the cases brought or pending before it and in

doing so it shall take into consideration, inter alia, the following

factors

(a)

the degree of consumer harm resulting from the

alleged or suspected infringement;

(b)

the extent of consumer benefit resulting from the

intervention of the Office for Competition;

(c)

the nature and gravity of the alleged or suspected

infringement;

(d)

the stage of investigation;

(e)

whether the alleged practices are still ongoing or

whether harmful effects persist; and

(f)

whether the alleged unlawful conduct is being

examined or can be better examined by another public authority

under its regulatory regime.

(2) The Office for Competition shall from time to time issue

guidelines under this article. These guidelines shall provide for the

right to ask for information on the degree of priority allocated to a

case or to a complaint by the undertaking or association of

undertakings concerned or the complainant respectively and for the

obligation of the Office to provide a reasoned reply within a specific

time frame.

PART V

ESTABLISHMENT OF THE OFFICE FOR

CONSUMER AFFAIRS

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 16 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

There shall be established an office to be Establishment

of the Office for

designated as the Office for Consumer Affairs within the Authority Consumer

which shall be headed by the Director General (Consumer Affairs).

Affairs.

(2) The Director General (Consumer Affairs) shall be a person

with professional qualifications, recognised competence, experience

and specialisation in the domain of consumer law, and, or behavioural

economics and shall be appointed by the Board, following

consultation with the Minister, for a period of three years and such

period may be extended for further periods of three years each

Provided that the first Director General (Consumer

Affairs) shall be appointed by the Minister.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 17 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The responsibilities of the Office for Consumer Responsibilities

of the Office for

Affairs shall be the following

Consumer

Affairs.

(a)

to provide information, advice and guidelines to

the public relating to consumer issues;

(b)

to monitor trading practices relating to the

provision of goods and services to consumers, and to take

measures for the suppression and prevention of any practices

which may be detrimental to the interests of consumers;

(c)

to receive and investigate complaints from

consumers relative to the supply of goods and services and to

take such action as in its power to redress any justified

grievance that may come to its notice;

(d)

to provide consumers with ongoing advice

concerning their rights;

(e)

to direct consumers to the appropriate organisation

which is best placed to assist them with specific complaints;

(f)

to encourage traders to comply with consumer law

and to promote good trading practices in the carrying out of

activities which may affect the economic interests of consumers

in Malta;

(g)

to provide traders with advice on matters relating

to consumer affairs;

(h)

to provide mediation between consumers and

traders;

(i)

to keep under review markets and commercial

activities relating to the supply of goods and services and to

collect information and evidence for the purpose of ascertaining

whether such markets and activities may adversely affect the

interests of consumers;

(j)

to study markets and recommend remedial action

where required;

(k)

to assist the Council in the performance of its

functions and duties and to furnish such information as may be

required by the Council in relation to the exercise of its duties;

(l)

to advise public authorities about the implications

for consumers arising from proposals for legislation;

(m)

to provide advice to public authorities on the

consumer issues which may arise in the performance of their

functions;

(n)

to advise on the impact on consumer interests that

legislation, policy or administrative practices may have;

(o)

to serve as and perform the functions of the

national competent authority in terms of the Consumer

Protection Co-operation Regulation;

(p)

to serve as and perform the functions of the single

liaison office in Malta responsible for co-ordinating the

application of the Consumer Protection Co-operation

Regulation;

(q)

to develop the necessary strategies for the

performance of its responsibilities;

(r)

to assist in the drawing up of the Authority’s

business plan;

(s)

to advise the Board on matters of consumer

interest;

(t)

to submit an annual report on its work to the Board;

and

(u)

generally to exercise the powers conferred upon it

under this Act, the Consumer Affairs Act or any other law or

regulations in relation to consumer affairs.

(2) In exercise of the responsibilities mentioned in articles

17(1)(i) and (j), article 14(2) shall mutatis mutandis apply to the

Director General (Consumer Affairs).

(3) Nothing in this Act or in any other law shall be construed

to give any consumer a right to require the Director General

(Consumer Affairs) to act on his behalf and in his interest in any

particular matter or dispute with any trader or supplier of services

before any court, tribunal or arbiter.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 18 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

For the purposes of article 17(1)(o), the Office for Obtaining

Consumer Affairs shall be the national competent authority in respect information.

of the EU legislative acts listed in the Third Schedule.

(2) The Minister may by order amend the Third Schedule.

PART VI

ESTABLISHMENT OF THE TECHNICAL REGULATIONS

DIVISION

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 19 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

There shall be established a division within the Establishment

Authority to be designated as Technical Regulations Division which of

Regulations

shall be headed by the Director General (Technical Regulations).

Division.

(2) The Director General (Technical Regulations) shall be a

person with professional qualifications, recognised competence,

experience and specialisation in technical harmonization and matters

relating to conformity assessment, and shall be appointed by the

Board, following consultation with the Minister, for a period of three

years and such period may be extended for further periods of three

years each

Provided that the first Director General (Technical

Regulations) shall be appointed by the Minister.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 20 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The responsibilities of the Technical Regulations Responsibilities

of the Technical

Division shall be the following

Regulations

Division.

(a)

to draft legislation in relation to its areas of

competence and issued by virtue of article 38 of the Product Cap. 427.

Safety Act, article 10 of the Food Safety Act and article 5 of the Cap.

449. Pesticides Control Act and by any other law;

(b)

to advise the Board and other Government agencies

and the private sector;

(c)

to assist all sectors of industry to understand and

meet the essential requirements imposed by technical

regulations, issued by virtue of the Product Safety Act, the Food

Safety Act and the Pesticides Control Act and by any other law,

and the technical, quality and safety requirements of

harmonised European and international standards;

(d)

to co-ordinate and implement its regulatory

programme in the areas falling under its remit and, in particular,

to exercise the advisory functions assigned to it by article 38 of

the Product Safety Act, article 9(1) of the Food Safety Act and

by any other law;

(e)

to establish, with the consent of the Minister and of

the Chairman of the Authority, technical committees for the

areas falling under its competence and to chair and co-ordinate

the work of such committees;

(f)

to act as the Product Contact Point and provide

support to the focal point for any Notification requirements for

ensuring the free movement of goods as laid down in article 9 of

Council Regulation (EC) No 764/2008;

(g)

to formulate and give effect to programmes of

technical assistance aimed at business operators for the purpose

of facilitating their compliance with relevant technical

regulations and standards;

(h)

to communicate to the general public and to

interested parties any information regarding the regulatory

programmes in its areas of competence;

(i)

to provide training and information on technical

regulations in its areas of competence;

(j)

to participate in relevant national and international

activities;

(k)

to perform risk assessment and to co-ordinate

market surveillance activities as prescribed in article 27 of the

Product Safety Act;

(l)

to assist in the drawing up of the Authority’s

business plan;

(m)

to submit an annual report on its work to the Board;

(n)

to develop the necessary strategies for the

implementation of its responsibilities;

(o)

to generally exercise the responsibilities conferred

upon it under this Act, the Product Safety Act, the Food Safety

Act, the Pesticides Control Act and any other Act and

regulations made thereunder; and

(p)

to monitor the implementation of legislation under Cap. 500.

the Services (Internal Market) Act and its subsequent

application.

(2) The Technical Regulations Division shall be the authority

in Malta entrusted with the implementation of

(a)

Regulation (EC) No 764/2008 of the European

Parliament and of the Council of 9 July 2008 laying down the

procedures relating to the application of certain national

technical rules to products lawfully marketed in another

Member State;

(b)

Regulation (EC) No 765/2008 of the European

Parliament and of the Council of 9 July 2008 setting out the

requirements for accreditation and market surveillance relating

to the marketing of products; and

(c)

related activities.

PART VII

ESTABLISHMENT OF THE STANDARDS AND METROLOGY

INSTITUTE

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 21 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

There shall be established an institute within the Establishment

Authority to be designated as the Standards and Metrology Institute, of

and Metrology

which shall be headed by the Director General (Standards and Institute.

Metrology).

(2) The Director General (Standards and Metrology) shall be a

person with professional qualifications, recognised competence,

experience and specialisation in the domain of standards and in

matters relating to metrology, calibration and testing, and shall be

appointed by the Board, following consultation with the Minister, for

a period of three years and such period may be extended for further

periods of three years each

Provided that the first Director General (Standards and

Metrology) shall be appointed by the Minister.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 22 Responsibilities of the Standards and Metrology and Metrology Institute. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The responsibilities of

the

Standards

and

Metrology Institute shall be the following:-

(a)

to make, adopt and publish standards, in relation to

any class, category or type of products and, or services;

(b)

to

co-ordinate,

monitor

and

promote

standardization and related activities at the various corporate,

national, regional and international levels, and to supply and, or

ensure the existence of adequate supporting related services

For the purpose of this paragraph, "supporting related

services" include

(i) the promotion of adoption and application of

all aspects of metrology as a necessary adjunct to

standardization;

(ii) the availability or assurance of availability of

testing services;

(iii) the offer of certification services;

(c)

to act as the competent body for the purposes of

Regulation (EC) No 66/2010 of the European Parliament and of

the Council of 25 November 2009 on the EU Ecolabel (Text

with EEA relevance) and Regulation (EC) No 1221/2009 of the

European Parliament and of the Council of 25 November 2009

on the voluntary participation by organisations in a community

eco-management and audit scheme (EMAS), repealing

Regulation (EC) No 761/2001 and Commission Decisions 2001/

681/EC and 2006/193/EC;

(d)

to consider all applications for a permit to use a

conformity mark and to grant permits for such purpose;

(e)

to inform the public of new subjects included in its

standards programme and of preparation or amendment of a

standard, unless such standard is an identical or equivalent

transposition of an International or European Standard. This

information shall indicate, in particular, whether the standard

concerned

-

will transpose an international standard

without being the equivalent;

-

will be a new national standard; or

-

will amend a national standard;

(f)

to co-operate with National, European, Regional or

other international bodies in the field of standardization and to

exchange information therewith generally, and in particular to

such extent as may be provided for in any international

obligation entered into by Malta or as may be prescribed;

(g)

to be responsible for the execution, upkeep and

conservation of National Measurement Standards and to

maintain their accuracy by comparison with international

measurement standards;

(h)

to provide Working Measurement Standards of

suitable accuracy for use in Malta, by comparison with the

National Measurement Standards;

(i)

to be responsible for the National Measurement

Standards and their traceability;

(j)

to provide calibration services;

(k)

to carry out scientific and technical work in all

fields of metrology and measuring methods;

(l)

to take part in the work of other national

organisations interested in metrology;

(m)

to disseminate information relevant to metrology;

(n)

to be responsible for the enforcement of all

metrology regulations drawn up by virtue of the Metrology Act Cap. 454.

and other regulations;

(o)

to be responsible for the execution and calibration

of Measurement Standards and verification equipment;

(p)

to oversee, monitor and supervise the manufacture

and repair of measuring instruments;

(q)

to bring to the attention of the authorities any fraud

in relation to measurements in the provision of goods and

services;

(r)

to provide for the holding of examinations for the

purpose of ascertaining whether persons possess sufficient skill,

knowledge and professional integrity for the proper

performance of their functions to be performed by virtue of the

Metrology Act;

(s)

to collaborate with the relevant inspection bodies

in the fields of measuring instruments and pre-packaged

products;

(t)

to liaise with other foreign national institutions

having similar aims and to represent Malta in international

metrological institutions;

(u)

to submit an annual report on its work to the Board;

(v)

to develop the necessary strategies for the

implementation of its responsibilities;

(w)

to assist in the drawing up of the Authority’s

business plan; and

(x)

to generally exercise the responsibilities conferred

upon it under this Act, and under the Metrology Act and any

other Act and regulations made thereunder.

(2) The Standards and Metrology Institute shall be the national

body entrusted with the co-ordination of standardization and related

activities and shall be responsible for matters related to metrology

and legal metrology.

(3) The Standards and Metrology Institute shall also facilitate

testing requirements.

(4) The power conferred on the Standards and Metrology

Institute to make, adopt and publish standards shall be construed as

including the power, exercisable in like manner, to vary, substitute or

revoke any such standard.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 23 List of Standards to be published. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Standards and Metrology Institute shall

publish in the Gazette a list of standards made, adopted or transposed

by it together with their international equivalence, if applicable, and

shall in such notices also indicate where a copy of such standards may

be obtained.

(2) Notwithstanding the other provisions of this Act or of any

other law, the list of standards afore-mentioned and any standard

made, adopted or transposed by the Standards and Metrology Institute

may be made, published, prescribed or made available to the public

either in the Maltese or English language.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 24 Conformity Mark. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Standards and Metrology Institute shall grant a

permit for the use of a conformity mark in relation to any product

and, or, services which satisfy the standards, technical regulations and

code of practices and fulfil the conditions prescribed therein,

conformity to which is being declared.

(2) The Standards and Metrology Institute shall not grant a

permit unless it is furnished with such proof and it is given such

opportunities and facilities as may be reasonably necessary in order

that it may satisfy itself that the product and, or, services in relation to

which the application has been made qualify for such permit.

(3) In any permit granted in relation to any product and, or

service, the Standards and Metrology Institute besides describing

such product and, or service shall also:-

(a)

name the person to whom the permit is granted;

and

(b)

specify the standards applicable to the said product

and, or, services

Provided that when there have been no changes in the

other circumstances which justified the grant of a permit, the

Standards and Metrology Institute shall in regard to any such

permit authorize, on application, the substitution of the person

named therein as will be proved to be necessary.

(4) For the purpose of this Part, the name of the person to

whom the permit is granted as referred to in paragraph (a) of

subarticle (3) shall be deemed to form part of the description of the

product and, or, service to which it refers.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 25 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Officers authorized in writing to that effect by the Powers of the

Standards and Metrology Institute shall at all reasonable times have Standards

Metrology

access for the purposes of this Act to any place where goods and, or Institute

inspect premises

services in respect of which there is in force a permit are produced, and obtain

manufactured or processed, and they shall be entitled to inspect such information.

place, to examine such goods and to take samples thereof in the

manner prescribed by the Minister.

PART VIII

ACQUISITION AND PROVISION OF INFORMATION

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 26 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In this Part, unless otherwise specified, any reference to Provision of

the "Offices" shall be construed as referring to both the "Office for Information.

Competition" and the "Office for Consumer Affairs" and the words

"Director General" and "Directors General" shall refer to both the

"Director General (Competition)" and "Director General (Consumer

Affairs)".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 27 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Offices may consult with public authorities in

the application of this Act, the Competition Act, the Consumer

Affairs Act and any other Act, or regulations made thereunder which

they are empowered to enforce.

(2) The Offices may request information from public

authorities as they consider necessary for the application of this Act,

the Competition Act, the Consumer Affairs Act and any other Act, or

regulations made thereunder which they are empowered to enforce.

(3) The Offices on the one hand and public authorities on the

other hand shall provide each other with the information necessary

for the application of the provisions of this Act, the Competition Act,

the Consumer Affairs Act and any other Act, or regulations made

under the said Acts and such information shall be provided within a

reasonable time as dictated by the particular circumstances of the

issues involved.

(4) The Offices may enter into agreements for the exchange of

information and other forms of collaboration with public authorities.

(5) Any agreement entered into by the Office for Competition

in terms of subarticle (4) shall not apply to investigations initiated by

it concerning alleged breaches of Articles 101 and, or 102 of the

TFEU.

(6) In submitting information under the provisions of this

article, the Offices and the public authorities shall clearly identify the

information, including documents, which they deem to be internal or

which contains business secrets or other confidential information and

a separate non-confidential version shall be supplied.

(7) Where information has been exchanged as provided in this

article, the Offices or the public authority receiving the information

shall ensure the same level of confidentiality as the provider of the

information.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 28 Disclosure of confidential information. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

Except where otherwise provided by law, the

members of the Board, Directors General and other officers or

employees of the Authority and advisors, consultants or other persons

engaged with the Authority shall not communicate or make accessible

any information, including documents, which they deem to be

internal or which contains business secrets or other confidential

information.

(2) Without prejudice to any disciplinary proceedings that may

be taken against public employees under applicable rules and

procedures, any person who contravenes the provisions of subarticle

(1) shall be guilty of an offence against this Act and shall, on

conviction, be liable to a fine (multa) of not less than two thousand

euro (€2,000) and not exceeding ten thousand euro (€10,000).

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 29 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

Any person, undertaking or association of Identification

undertakings or any other body which submits information or and

of confidential

comments in one of the situations listed hereunder or subsequently information.

submits further information to the Director General in the course of

an investigation, shall clearly identify any material which it considers

to be confidential, giving reasons therefor, and provide a separate

non-confidential version, where applicable by the date set by the

Director General for making its submissions known

-

a complainant lodging a complaint under the Cap. 379.

Competition Act or under the Consumer Affairs Act;

-

a person, undertaking or association of

undertakings or any other body complying with a request

for the provision of information under the provisions of

this Act, the Competition Act, the Consumer Affairs Act

and any other Act, or regulations made thereunder;

-

an addressee of the statement of objections

made under article 12A(1) of the Competition Act making

known his views on the objection;

-

a complainant making known his views on

the statement of objections under article 12A(2) of the

Competition Act;

-

the addressee of an invitation by the Director

General to submit his views under article 12A(3)(b) of the

Competition Act;

-

a complainant making known his views on

the letter of the Director General (Competition) informing

him of the Office’s intention to reject the complaint made

under article 14(2) of the Competition Act;

-

the addressee of an invitation by the Director

General to engage in settlement discussions under article

12B of the Competition Act.

(2) Without prejudice to subarticle (1), the Directors General

may require persons, undertakings and an association of undertakings

or any other body that submit documents or statements pursuant to

this Act, the Competition Act, the Consumer Affairs Act and any

other Act, or regulations made thereunder to identify the documents

or parts of documents which they consider to contain business secrets

or other confidential information belonging to them and to identify

the undertakings with regard to which such documents are to be

considered confidential.

(3) In the case of a statement of objections sent by the Director

General (Competition) under the Competition Act, in the case of a

case summary drawn up pursuant to article 12C(2)(a) and article

12D(2) of the Competition Act and in the case of a decision or an

order adopted by the Directors General under the Competition Act or

the Consumer Affairs Act or any other Act, or regulations made

thereunder, persons, undertakings or association of undertakings may

be required to identify any part of a statement of objections, a case

summary, a decision or order which in their view contains business

secrets or other confidential information.

(4) The Directors General may set a time-limit within which

persons, undertakings or association of undertakings or any other

body are to

(a)

substantiate their claim for confidentiality with

regard to each individual document or part of such document,

statement or part of such statement;

(b)

provide the Director General with a non-

confidential version of the documents or statements, in which

the confidential passages are deleted; and

(c)

provide a concise description of each part of the

deleted information.

(5) In the event that persons, undertakings or an association of

undertakings or any other body fail to comply with subarticles (1) to

(3), the Director General may deem that the documents or statements

concerned do not contain confidential information and may

consequently assume that the persons, undertakings or association of

undertakings or other body have no objections to the disclosure of the

documents or statements concerned in their entirety.

(6) Where persons, undertakings or an association of

undertakings or any other body meet the conditions set out in

subarticles (1) to (3), the Director General shall

(a)

either provisionally accept the claims which appear

justified; or

(b)

inform the person or undertaking or association of

undertakings or any other body that he does not agree with the

confidentiality claim in whole or in part, where it is apparent

that the claim is unjustified.

(7) The Director General may reverse his provisional

acceptance of the confidentiality claim in whole or in part at a later

stage.

(8) Where the Director General does not agree with the

confidentiality claim from the outset or where he takes the view that

the provisional acceptance of the confidentiality claim should be

reversed, and thus intends to disclose information, the Director

General will inform the person or undertaking or association of

undertakings or any other body in writing of his intention to disclose

information, give his reasons and set a time-limit within which such

person or undertaking or association of undertakings or any other

body may inform him in writing of its views. If, following submission

of those views, a disagreement on the confidentiality claim persists,

the Director General shall take a decision thereon.

(9) In those cases where the person or undertaking or

association of undertakings or any other body does not agree with the

decision of the Director General in subarticle (8) the person or

undertaking or association of undertakings or any other body may

appeal to the Appeals Tribunal within ten days from when the

decision of the Director General is notified and the decision of the

Appeals Tribunal shall be final.

(10) Complainants or undertakings or an association of

undertakings or any other body or any person collaborating in an

investigation carried out by the Offices shall, should they wish to

remain anonymous, make a request to that effect to the Director

General. The Director General shall accede to such request for

anonymity if he considers the request to be justified. The Director

General shall protect anonymity by providing access to a non-

confidential version or summary of the documents submitted.

Subarticles (6) and (7) shall apply to requests for anonymity. Where

the Director General does not consider the request for anonymity to

be justified, subarticles (8) and (9) shall apply.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 30 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Authority shall, subject to the protection of Publication of

business secrets and other confidential information, publish from time Information.

to time such information as would contribute to an open and

competitive market or be for the benefit of consumers.

(2) When publishing information as is referred to in subarticle

(1), the Authority shall adhere to the principles of fairness and

objectivity.

(3) The members of the Board, the Directors General of all the

entities and any officer acting on the instructions or authority of the

said Directors General, shall be exempt from any liability for acts

done in good faith in pursuance of this article. Such exemption shall

extend to all persons publishing, printing, recording, broadcasting or

communicating such information by any means whatsoever.

PART IX

ESTABLISHMENT OF THE COMPETITION AND

CONSUMER APPEALS TRIBUNAL

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 31 Establishment of the Competition and Consumer Appeals Tribunal. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

There shall be established a tribunal to be known as the

Competition and Consumer Appeals Tribunal, to exercise and

perform the functions assigned to it by this Act, the Competition Act

and the Consumer Affairs Act and any regulations made thereunder.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 32 Composition. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Appeals Tribunal shall be composed of the

President who shall be a Judge, and two other members from a panel

of ordinary members selected by the President.

(2) There shall be a panel of six ordinary members, all with at

least ten years relevant experience, appointed by the President on the

advice of the Prime Minister, consisting of two economists,

preferably one specialised in industrial organisation economics and

the other in behavioural economics, a certified public accountant and

three other persons with recognised competence and knowledge in

competition law matters, consumer protection, industry and

commerce.

(3) In selecting the two ordinary members to sit on the

Appeals Tribunal under subarticle (1), the President shall take due

account of the nature of the case and the market concerned.

(4) The ordinary members of the Appeals Tribunal shall be

appointed for a period of three years and shall be eligible for

reappointment.

(5) The ordinary members of the Appeals Tribunal may resign

their office by a letter addressed to the President of Malta. The

resignation shall take effect when the writing signifying the

resignation is received by the President of Malta or by any person

authorised by him.

(6) An ordinary member of the Appeals Tribunal may not be

removed from office except by the President of Malta acting on the

recommendation of the Prime Minister on the ground of proved

inability to perform the functions of his office (whether arising from

infirmity of body or mind or any other cause) or proved

misbehaviour.

(7) Notice of all appointments to the Appeals Tribunal and of

all other changes in its membership shall be published in the Gazette.

(8) (a)

The Appeals Tribunal shall be independent in the

performance of its functions.

(b)

The members thereof in the exercise of their

functions shall act on their own individual judgement and shall not be

subject to the direction or control of any person or authority.

(9) (a)

The ordinary members of the Appeals Tribunal,

shall not be precluded from the exercise of their respective

profession, so however during the term of their appointment they

shall be precluded from the exercise of their profession in cases

before the Tribunal.

(b)

The ordinary members of the Appeals Tribunal

shall receive such remuneration as the Prime Minister may by notice

in the Gazette determine

Provided that such remuneration may not be altered during

the tenure of their appointment to their disadvantage.

(c)

The remuneration due to the ordinary members of

the Appeals Tribunal shall be paid out of the Consolidated Fund

without the necessity of any further appropriation.

(10) A person shall not be qualified to be appointed or remain

an ordinary member of the Appeals Tribunal if

(a)

he is an undischarged bankrupt; or

(b)

he has been sentenced to imprisonment for six

months or more by any court; or

(c)

he has been found guilty of any offence against this

Act, the Consumer Affairs Act or the Competition Act or any

regulations made thereunder; or

(d)

he is a Member of the House of Representatives or

of the European Parliament or a Local Council.

(11) Any ordinary member of the Appeals Tribunal shall,

before the commencement of any case, declare any interest he may

have in the proceedings and the President shall, where he considers

that such interest may prejudice the independence of the member

concerned or of the Appeals Tribunal, appoint another member from

the panel.

(12) Where proceedings have commenced and no final decision

has yet been delivered and one of the ordinary members has ceased to

be a member or for any other reason is unable to perform the

functions of his office, the President may elect to appoint another

member from the panel in his stead and should it be strictly necessary

for the proper determination of the case recommence proceedings, or

continue to hear the case with only one ordinary member

Provided that where the term of appointment has expired

and the ordinary member has not been reappointed, the ordinary

member shall continue to hear the case until its determination.

(13) The ordinary members of the Appeals Tribunal, shall,

during and after the term of office, act with integrity and not engage

in any activity which would harm the proper administration of justice

or which, due to knowledge gained from business secrets or other

confidential information during the tenure of their office, would give

rise to conflict of interest and harm the interests of the undertakings

concerned. Any person who acts in contravention of this subarticle

shall be guilty of an offence against this Act and shall on conviction

be liable to a fine (multa) of not less than two thousand euro (€2,000)

and the court may, in addition, award the punishment of temporary or

perpetual general interdiction.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 33 Registry of the Appeals Tribunal. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Registrar of Courts or any other person acting

in his stead or on his behalf in accordance with the Code of

Organization and Civil Procedure shall be the Registrar of the

Appeals Tribunal.

(2) All acts of or brought before the Appeals Tribunal shall be

kept in the Registry of the Superior Courts which shall be the registry

of the Appeals Tribunal.

(3) The Minister responsible for justice may by regulations

under this Act establish

(a)

the fees that may be due to the Registry of the

Appeals Tribunal;

(b)

the fees that may be due to advocates, legal

procurators and other persons representing the parties appearing

before the Appeals Tribunal; and

(c)

the fees that may be due to experts appearing

before the Appeals Tribunal

Provided that until fees are prescribed by the Minister

under paragraphs (a) to (c), the fees established in the Code of

Organization and Civil Procedure shall apply.

(4) The Registry of the Appeals Tribunal shall keep both a

confidential version and a non-confidential version of the records of

the Appeals Tribunal as may be so authorised by the Appeals

Tribunal.

(5) The records of the Appeals Tribunal shall be accessible to

all persons, and copies shall be given on payment of the prescribed

fee to any person on request

Provided that due regard shall be had to the protection of

any confidential information and business secrets.

(6) All acts shall be filed, issued and served in accordance

with the provisions of the Code of Organization and Civil Procedure,

subject to any rules made under this Act, the Competition Act, the

Consumer Affairs Act and any other Act, or regulations made

thereunder or unless the Minister shall by regulations otherwise

prescribe.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 34 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Registrar shall provide the necessary personnel Personnel and

for the holding of sittings of the Appeals Tribunal. The officials so sittings

Appeals

designated shall, in execution of their duties, enjoy and exercise all Tribunal.

such powers as are vested by the Code of Organization and Civil Cap. 12.

Procedure in officials performing similar duties.

(2) The sittings of the Appeals Tribunal shall be held on such

days and at such times as shall be fixed by the President in the

building of the Superior Courts.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 35 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The President of Malta, on the advice of the Prime Appointment of

Minister, shall, under those terms and conditions that the Minister lawyer.

responsible for justice deems fit, appoint a lawyer, having a

postgraduate degree covering competition and, or consumer law, on a

full-time basis to assist the Appeals Tribunal as referendaire in the

drafting of decisions, in undertaking research and in the performance

of any other task related to the competence of the Appeals Tribunal as

assigned to him by the President.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 36 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

Without prejudice to article 70(3) the Appeals Competence of

Tribunal, presided by its President, shall have jurisdiction to hear and the

Tribunal.

determine appeals from decisions, orders or measures of the Director Cap.

379. General (Competition) and the Director General (Consumer Affairs)

as provided in the Competition Act, the Consumer Affairs Act and

any regulations made under the said Acts.

(2)

The determination of any case before the Appeals

Tribunal shall be according to the unanimous opinion of the members

deciding the case or by majority decision which majority must

include the President.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 37 Procedures of the Appeals Tribunal. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Appeals Tribunal shall have the powers and

shall follow the procedures laid out in the provisions of this Act and

in the Second Schedule, the Competition Act and the Consumer

Affairs Act and regulations made thereunder.

(2) The Minister may make rules not inconsistent with this

Act, the Competition Act and the Consumer Affairs Act and any

regulations made thereunder, prescribing the procedures and the

forms to be followed and used before the Appeals Tribunal.

(3) In the absence of provisions or rules as aforesaid, the

Appeals Tribunal shall regulate its own procedures.

PART X

OFFICERS AND EMPLOYEES OF THE AUTHORITY

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 38 Staff appointments. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Subject to the provisions of the Constitution, any other

enactment applicable thereto, and without prejudice to the other

provisions of this Act, the employment and appointment of officials

and other employees of the Authority shall be made by the Board and

the terms and conditions of their employment and appointment shall

be established by the Board with the concurrence of the Minister

Provided that, notwithstanding article 12(8), for the

purposes of subarticle (1), the Board shall follow any directives and

guidelines issued under paragraphs (c), (d) and (e) of subarticle (1) of

article 38 of the Public Administration Act.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 39 Appointment of officers and employees of the Authority. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The Board shall appoint and employ, at such remuneration

and upon such terms and conditions as it may, in accordance with

article 38, determine, such officers and employees of the Authority as

may from time to time be necessary for the due and efficient

discharge of the functions of the Authority.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 40 Detailing of public officers for duty. with the entities. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Principal Permanent Secretary, following the

direction of the Prime Minister, may from time to time, direct that any

public officer shall be detailed for duty with the Authority in such

capacity and under such conditions and with effect from such date as

he may prescribe.

(2) The period during which a direction as aforesaid shall

apply to any officer specified therein, shall, unless the officer retires

from the public service, or otherwise ceases to hold office at an earlier

date, or unless a different period is specified in such direction, end on

the happening of any of the following events

(a)

the acceptance by such officer of an offer of

transfer to the service of, and permanent employment with, the

Authority made in accordance with the provisions of article 42;

or

(b)

the revocation of such direction by the Principal

Permanent Secretary following the direction of the Prime

Minister.

(3) Where a direction as aforesaid is revoked by the Principal

Permanent Secretary in relation to any officer, the Principal

Permanent Secretary may, by further direction and following the

direction of the Prime Minister, detail such officer for duty with the

Authority in such capacity and with effect from such date as may be

specified in the direction of the Principal Permanent Secretary, and

the provisions of subarticle (2) shall thereupon apply to the period of

duration of such detailing by any such further direction in relation to

such officer.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 41 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

Where any officer is detailed for duty with the Status of public

Authority under any of the provisions of article 40, such officer shall, officers

for duty.with the

during the time in which such direction has effect in relation to him, entities.

be under the administrative authority and control of the Authority but

he shall for all other intents and purposes remain and be considered

and treated as a public officer.

(2) Without prejudice to the generality of the foregoing, an

officer detailed for duty as aforesaid:-

(a)

shall not, during the time in respect of which he is

so detailed:-

(i) be precluded from applying for a transfer to a

department of the Government in accordance with the

terms and conditions of service attached to the

Government appointment held by him at a date on which

he is so detailed for duty; or

(ii) be so employed that his remuneration and

conditions of service are less favourable than those which

are attached to the Government appointment held by him at

the date aforesaid or which would have become attached to

such appointment, during the said period, had such officer

not been detailed for duty with the Authority

Provided that such terms and conditions shall not

be deemed to be less favourable because they are not in all

respects identical or superior to those enjoyed by the

officer concerned at the date of such detailing, if in the

opinion of the Prime Minister, such terms and conditions,

taken as a whole, offer substantially equivalent or greater

benefits; and

(b)

shall be entitled to have his service with the

Authority considered as service with the Government for the

purposes of any pension, gratuity or benefit under the Pensions

Ordinance and the Widows’ and Orphans’ Pensions Act and for

the purpose of any other right or privilege to which he would be

entitled, and shall be liable to any liability to which he would be

liable, but for the fact of his being detailed for duty with the

Authority

Provided that in assessing the pensionable

emoluments of such officer for the purposes of any law relating

to government service pensions, no account shall be taken of

any allowances, bonuses or gratuities paid to such officer by the

Authority in excess of what he is entitled to as a public officer.

(3) Where an application is made as provided in subarticle

(2)(a)(i), the same consideration shall be given thereto as if the

applicant had not been detailed for service with the Authority.

(4) The Authority shall pay to the Government such

contributions as may from time to time be determined by the Minister

responsible for Finance in respect of the cost of pensions and

gratuities earned by an officer detailed for duty with the Authority as

aforesaid during the period in which he is so detailed.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 42 Offer of permanent employment with the Authority to public officers detailed for duty with the Authority. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Authority may, with the approval of the Prime

Minister, offer to any officer detailed for duty with the Authority

under any of the provisions of article 40, permanent employment with

it at a remuneration and on terms and conditions not less favourable

than those enjoyed by such officer at the date of such offer.

(2) The terms and conditions comprised in any offer made as

aforesaid shall not be deemed to be less favourable merely because

they are not in all respects identical with or superior to those enjoyed

by the officer concerned at the date of such offer, if such terms and

conditions, taken as a whole, in the opinion of the Prime Minister,

offer substantially equivalent or greater benefits.

(3) Every officer who accepts permanent employment with the

Authority offered to him under the provisions of subarticle (1) shall,

for all purposes other than those of the Pensions Ordinance and of the Cap. 93.

Widows’ and Orphans’ Pensions Act, and, saving the provisions of Cap. 58.

article 63, be deemed to have ceased to be in the service of the

Government and to have entered into service with the Authority on

the date of his acceptance, and for the purposes of the said Ordinance

and of the said Act, so far as applicable to him, service with the

Authority shall be deemed to be service with the Government within

the meaning thereof respectively.

(4) Every such officer as aforesaid who, immediately before

accepting permanent employment with the Authority, was entitled to

benefit under the Widows’ and Orphans’ Pensions Act, shall continue Cap. 58.

to be so entitled to benefit thereunder to all intents as if his service

with the Authority was service with the Government.

(5) The Authority shall pay to the Government such

contributions as may from time to time be determined by the Minister

responsible for Finance in respect of the cost of pensions and

gratuities earned by an officer who has accepted permanent

employment with the Authority as aforesaid during the period

commencing on the date of such officer’s acceptance.

(6) For the purposes of the Pensions Ordinance, the Cap. 93.

pensionable emoluments of such public officer on retirement shall be

deemed to be the pensionable emoluments payable to an officer in

Government service in a grade and at an incremental level

corresponding to the post occupied and incremental level on the date

on which the officer retires from the Authority.

(7) (a)

For the purposes of this article, posts and salary

grades with the Authority shall be classified in the most nearly

corresponding grades and incremental levels in the service under the

Government by reference to job description, skills, responsibilities

and other analogous factors.

(b)

The classification referred to in paragraph (a) shall

be carried out by a board composed of a Chairman appointed by the

Minister responsible for Finance and two other members, one

appointed by the Minister responsible in general for personnel

policies in the public service and one appointed by the Authority. The

classification shall be subject to the final approval of the Minister

responsible for Finance.

(c)

Such classification shall take place within three

months of any adjustment of salaries of employees in Government

service and, or of employees of the Authority.

(d)

No post shall be classified in a grade higher than

that of a Grade 3 in the service of the Government or such other grade

that the Minister responsible for Finance may from time to time by

notice in the Gazette determine.

(e)

Without prejudice to article 113 of the

Constitution, no person may, following a classification as aforesaid,

be entitled to rights under the Pensions Ordinance less favourable

than those to which he would have been entitled prior to such

classification.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 43 Engagement of consultants and advisers. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The Authority may engage such consultants or advisers as

it may consider necessary to assist it in the fulfilment of its functions.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 44 Oath of secrecy. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Every person appointed as an officer of the Authority shall,

before assuming such duties, take oath that he will faithfully and

impartially perform the duties of his office or employment. The form

of oath shall be that contained in the First Schedule and shall be

administered by the President of the Appeals Tribunal.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 45 Disclosure of interest . — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

Where a public officer or an employee of the

Authority, or a consultant, an advisor or any other person engaged by

the Authority, has any interest in, or material to, any matter which

falls to be considered by the Authority, he shall-

(a)

disclose to the Board the nature of his interest at

the first meeting of the Board after such interest is acquired or

in advance of any consideration of the matter, whichever is the

earlier;

(b)

neither influence nor seek to influence a decision in

relation to such matter; and

(c)

take no part in any consideration of such matter.

(2) Where a question arises as to whether or not a course of

conduct, if pursued by a person, would constitute failure by him to

comply with the requirements of subarticle (1), the question shall be

determined by the Board and the decision and its motivation shall be

recorded in the minutes of the meeting during which the decision was

taken.

(3) Where a disclosure is made to the Board pursuant to

subarticle (1), particulars of the disclosure shall be recorded in the

minutes of the relative meeting.

(4) Where a person to whom subarticle (1) applies fails to

make the required disclosure, the Board shall decide the appropriate

action to be taken which may include the removal from office or

termination of the contract of the person concerned.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 46 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

Officers and employees of the Authority shall Code of Ethics.

abide by any Code of Ethics applicable to public employees and shall,

subject to any law to the contrary, have the same obligations

thereunder

Provided that the Directors General shall, with the

approval of the Co-ordination Committee, draw up service values and

Codes of Ethics in respect of their respective entities to supplement

any public service Code of Ethics.

(2) (a)

The members of the Board, officers and employees Obligation to

of the Authority and advisors, consultants and other persons engaged act

integrity

with the Authority shall, following the termination of their office, act following

termination of

with integrity and not engage in any activity which, due to knowledge office.

gained from business secrets or other confidential information during

the tenure of their office would give rise to conflict of interest and

harm the interests of any person; and

(b)

any person who acts in contravention of this article

shall be guilty of an offence against this Act and shall on conviction

be liable to a fine (multa) of not less than two thousand euro (€2,000)

and the court may, in addition, award the punishment of temporary or

perpetual general interdiction.

(3) No action shall lie against the Authority, the organs of the Exemption from

Authority, the members of the Board, officers and employees of the liability.

Authority and advisors, consultants and other persons engaged with

the Authority for any act or omission in connection with this Act or

any regulations made thereunder unless the act or omission is shown

to have been done or omitted to be done, as the case may be, in bad

faith.

PART XI

FINANCIAL PROVISIONS

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 47 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The Authority shall be governed by the provisions of the Provisions of

Financial Administration and Audit Act, unless otherwise stated in the

Administration

the Authority performance agreement entered into by the Permanent and

Secretary and the Authority in terms of article 12(7) in which case the

provisions of the latter will prevail.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 48 Authority to meet expenditure out of revenue. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

Without prejudice to the following provisions of

this article, the Authority shall so conduct its affairs that so much of

the expenditure required for the proper performance of its functions

shall, as far as practicable, be met out of its revenue.

(2) For the purposes of subarticle (1), the Authority, shall levy

all fees, charges and other payments prescribed or deemed to be

prescribed by or under this Act or any other law providing for matters

falling under its respective powers and functions

Provided that where the entities are specifically entrusted

by law to charge fees or impose administrative fines, those fees and

fines shall be levied by the entities concerned.

(3) The Authority shall also be paid by the Government out of

the Consolidated Fund such sums as the House of Representatives,

hereinafter referred to as the "House", may from time to time

authorise to be appropriated to meet any of its expenditure that cannot

be met out of its revenue and the costs of specified works to be

continued or otherwise carried out by it, being works of infrastructure

or of a similar capital nature.

(4) Any excess of revenue over expenditure shall, subject to

such directives as the Minister, after consultation with the Minister

responsible for Finance, may from time to time give, be applied by

the Authority to the formation of reserve funds to be used for its

purposes and without prejudice to the generality of the powers given

to the Minister by this subarticle, any directive given by the Minister

as aforesaid may order the transfer to the Government, or the

application in such manner as may be specified in the direction, of

any part of the fees, charges and other payments levied in accordance

with subarticle (2).

(5) Any funds of the Authority not immediately required to

meet expenditure may be invested in such manner as may from time

to time be approved by the Minister.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 49 Power to borrow or raise capital. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

For the purpose of carrying out any of its functions

under this Act, the Authority may, with the approval in writing of the

Minister, given after consultation with the Minister responsible for

Finance, borrow or raise money in such manner, from such person,

body or authority, and under such terms and conditions as the

Minister, after consultation as aforesaid, may in writing approve.

(2) The Authority may also, from time to time, borrow, by way

of overdraft or otherwise, such sums as it may require for carrying out

its functions under this Act

Provided that for any amount in excess of one hundred and

twenty thousand euro (€120,000), there shall be required the written

approval of the Minister.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 50 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The Minister responsible for Finance may, after Advances from

consultation with the Minister, make advances to the Authority of Government.

such sums as he may agree to be required by the Authority for

carrying out any of its functions under this Act, and may make such

advances on such terms and conditions as he may, after consultation

as aforesaid, deem appropriate. Any such advance may be made by

the Minister responsible for Finance out of the Consolidated Fund,

and without further appropriation other than this Act, by warrant

under his hand authorising the Accountant General to make such

advance.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 51 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Minister responsible for Finance may, for any Borrowing from

requirements of the Authority of a capital nature, contract or raise Government.

loans, or incur liabilities, for such periods and on such terms and

conditions as he may deem appropriate and any sums due in respect

of or in connection with any such loan or liability shall be a charge on

the Consolidated Fund.

(2) Notice in writing of any loans, liabilities or advances

made or incurred under the foregoing provisions of this article shall

be laid on the Table of the House as soon as practicable.

(3) Pending the raising of any such loan as is mentioned in

subarticle (1), or for the purpose of providing the Authority with

working capital, the Minister responsible for Finance may, by warrant

under his hand, and without further appropriation other than this Act,

authorise the Accountant General to make advances to it out of the

Treasury Clearance Fund under such terms as may be specified by the

Minister upon the making thereof.

(4) The proceeds of any loan raised for the purposes of making

advances to the Authority and any other monies to be advanced to the

Authority under this article, shall be paid into a fund specially

established for the purpose and which shall be known as the "Malta

Competition and Consumer Affairs Authority Loan Fund".

(5) Sums received by the Accountant General from the

Authority by way of repayment of advances made to the Authority

under subarticle (3) shall be paid into the Treasury Clearance Fund

and sums received by the Accountant General by way of interest on

such advances shall be paid into the Consolidated Fund.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 52 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Authority shall cause to be prepared in every Estimates of the

financial year, and shall not later than four weeks before the end of Authority.

such year adopt, estimates of the income and expenditure of the

Authority for the following financial year distinguishing, in

particular, between each of such entities as may be established under

the provisions of this Act

Provided that the estimates for the first financial year of

the Authority shall be prepared and adopted within such time as the

Minister may by notice in writing to the Authority specify.

(2) In the preparation of such estimates, the Authority shall

take account of any funds and other monies that may be due to be

paid to it out of the Consolidated Fund during the relevant financial

year, whether by virtue of this Act or of an appropriation Act or of

any other law and it shall so prepare the said estimates as to ensure

that its total revenues are at least sufficient to meet all sums properly

chargeable to its revenue account including, but without prejudice to

the generality of that expression, depreciation.

(3) The estimates shall be made out in such form and shall

contain such information and such comparison with previous

estimates as the Minister responsible for Finance may direct.

(4) A copy of the estimates shall, upon their adoption by the

Authority, be sent forthwith to the Minister and to the Minister

responsible for Finance.

(5) The Minister shall, at the earliest opportunity and not later

than six weeks after he has received a copy of the estimates from the

Authority, approve the same with or without amendment after

consultation with the Minister responsible for Finance.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 53 Expenditure to be according to approved estimates. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

No expenditure shall be made or incurred by the

Authority unless provision therefor has been made in the estimates

approved as provided in article 52.

(2) Notwithstanding the provisions of subarticle (1):-

(a)

until the expiration of six months from the

beginning of a financial year, or until the approval of the

estimates for that year, whichever is the earlier date, the

Authority may make or incur expenditure for carrying on its

functions under this Act not exceeding in the aggregate one half

of the amount approved for the preceding financial year;

(b)

expenditure approved in respect of a head or sub-

head of the estimates may, with the approval of the Minister,

given after consultation with the Minister responsible for

Finance, be made or incurred in respect of another head or sub-

head of the estimates;

(c)

in respect of the first financial year, the Authority

may make or incur expenditure until the approval of the

estimates for that year not exceeding in the aggregate such

amounts as the Minister responsible for Finance may, after

consultation with the Minister allow; and

(d)

if in respect of any financial year it is found that the

amount approved in the estimates is not sufficient or a need has

arisen for expenditure for a purpose not provided for in the

estimates, the Authority may adopt supplementary estimates for

approval by the Minister, and in any such case the provisions of

this Act applicable to the estimates shall as near as practicable

apply to the supplementary estimates.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 54 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The Minister shall, at the earliest opportunity and not later Publication of

than eight weeks after he has received a copy of the estimates and approved

estimates.

supplementary estimates of the Authority, or if at any time during that

period the House is not in session, within eight weeks from the

beginning of the next following session, cause such estimates to be

laid on the Table of the House.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 55 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Authority shall cause to be kept proper Accounts and

accounts and other records in respect of its operations, and shall cause audit.

to be prepared a statement of accounts in respect of each financial

year.

(2) The accounts of the Authority shall be audited by an

auditor or auditors to be appointed by the Authority with the

concurrence of the Minister responsible for finance and shall

moreover be subject to scrutiny by the Financial Management

Monitoring Unit, and audit by the Internal Audit and Investigations

Directorate and the Auditor General as the case may be.

(3) The Authority shall not later than six weeks after the end

of each financial year present to the Minister through the Permanent

Secretary an audited statement of accounts together with a copy of

any report made by the auditors on that statement or on the accounts

of the Authority.

(4) The Minister shall cause a copy of such statement and

report to be laid before the House not later than six weeks after its

receipt or, where the House is not in session, not later than the second

week after the House resumes its sittings.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 56 Deposit of revenues and payments by the Authority. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

All monies accruing to the Authority shall be paid

into a bank or banks appointed as bankers of the Authority by

resolution of the Authority. Such monies shall, as far as practicable,

be paid into any such bank from day to day, except such sum as the

Authority may authorise to be retained to meet petty disbursements

and immediate cash payments.

(2) All payments out of the funds of the Authority, other than

petty disbursements not exceeding a sum fixed by the Authority, shall

be made by such officer or officers of the Authority as shall be

appointed or designated for that purpose.

(3) Cheques against and withdrawals from any bank account

of the Authority shall be signed by such officer of the Authority as

may be appointed or designated by the Authority for that purpose and

shall be countersigned by the Chairman or such other member or

officer as may be authorised by the Authority for that purpose.

(4) The Authority shall also make provision with respect to:-

(a)

the manner in which and the officer or officers by

whom payments are to be authorised or approved;

(b)

the title of any account held with the bank or banks

into which its monies are to be paid, and the transfer of funds

from one account to the other; and

(c)

the method to be adopted in making payments out

of its funds, and generally with respect to any matter which is

relevant to the proper keeping and control of the accounts and

books and the control of its finances.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 57 Contracts of supply or works. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The Authority shall not award or enter into any contract for

the supply of goods or materials or for the execution of works, or for

the rendering of services, to or for the benefit of the Authority, except

in accordance with regulations in force regulating the procurement of

all goods and services in the public sector.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 58 Annual Report. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The Authority shall, not later than six weeks after the end

of each financial year, present to the Minister through the Permanent

Secretary a report dealing generally with the activities of the

Authority during that financial year, distinguishing, in particular,

between each of such entities as may be established under the

provisions of this Act and containing such information relating to the

proceedings and policy of the Authority as the Minister may from

time to time require.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 59 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The Minister shall cause a copy of the report presented to Laying of

him in terms of article 58 to be laid before the House not later than six Annual

before the

weeks after its receipt or, where the House is not in session, not later House.

than the second week after the House resumes its sittings.

PART XII

TRANSFER OF CERTAIN ASSETS TO THE AUTHORITY

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 60 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1) (a) The property and undertakings owned by the Transfer of

Consumer and Competition Department, Malta Standards Authority assets

Authority.

and Malta National Laboratory Company Limited and used by any

one of them, immediately before the date of the coming into force of

this Part of this Act, or owned by the Government, and used by any of

the said Department, Authority or Company for the operation of any

of the functions which by this Act are being transferred to or vested in

the Authority shall, on the date aforesaid, by virtue of this Act and

without further assurance, be transferred to and be vested in the

Authority under the same title by which they were used or held by the

said Department, Authority or Company immediately before the said

date.

(b) The immovable assets from time to time

specified in an order made by the President of Malta and published in

the Gazette, hereinafter referred to as "the immovable assets", being

immovable assets which, immediately before the coming into force of

this Part, were owned by the Government and used by it for the

exercise of any of the functions which by this Act are being

transferred to or vested in the Authority shall, with effect from such

day as may be specified in any such order, and by virtue of this Act

and without any further assurance, be transferred to and vested in the

Authority under the same title by which they were held by the

Government before such day.

(2) The transfer and vesting aforesaid shall extend to the

whole of such property and undertakings and, without prejudice to the

generality of the aforesaid, shall include all plant, equipment,

apparatus, instruments, vehicles, crafts, buildings, structures,

installations, land, works, stocks and other property, movable or

immovable, assets, powers, rights and privileges and all things

necessary or ancillary thereto which are held or enjoyed in connection

therewith or appertaining thereto, as well as all obligations affecting

or relating to any of the aforesaid property or undertakings or other

thing included therein as aforesaid.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 61 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

Subject to the provisions of this Act, all laws, rules, Construction of

regulations, orders, judgments, decrees, awards, deeds, bonds, laws

matters.

contracts, agreements, instruments, documents, warrants and other

arrangements, subsisting immediately before the date of the coming

into force of this Part, affecting or relating to any of the properties or

undertakings transferred to the Authority by or under this Act, and in

which the Government or a Government authority is a party thereto or

is named therein, shall have full force and effect against or in favour

of the Authority, and shall be enforceable freely and effectually, as if

instead of the Government or governmental authority the Authority

had been named therein or had been a party thereto, and otherwise in

substitution of the Government or governmental authority.

(2) Any reference in any law to the Office for Fair

Competition, Department of Consumer Affairs, Consumer and

Competition Department, Malta Standards Authority and the Malta

National Laboratory Company Limited shall be read and construed as

a reference to the Authority and, or to any of the entities as may be

established under this Act, as the case may require.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 62 Transitory provisions. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

When anything has been commenced by or under

the authority of the Government, the Consumer and Competition

Department, the Malta Standards Authority and the Malta National

Laboratory Company Limited prior to the date of the coming into

force of this Part, and such thing relates to any of the properties or

undertakings or any right or liability transferred to the Authority by or

under this Act, such thing may be carried on and completed by or as

authorised by the Authority.

(2) Where, immediately before the coming into force of this

Part of the Act, any legal proceedings are pending to which the

Government, the Consumer and Competition Department, the Malta

Standards Authority and the Malta National Laboratory Company

Limited is or is entitled to be a party, and such proceedings are related

to any of the properties or undertakings, or any right or liability

transferred by or under this Act, the Authority shall, as from the date

aforesaid, be substituted in such proceedings for the Government or

for the aforesaid Department, Authority or Company, as the case may

be, or shall be made a part thereto in like manner as the Government,

any such Department, Authority or Company could have become a

party as aforesaid, and such proceedings shall not abate by reason of

the substitution.

(3) The Minister may, by order, make such incidental,

consequential and supplemental provisions as he may deem necessary

or expedient for the purpose of determining, as appropriate, the assets

transferred to the Authority by this Act and securing and giving full

effect to the transfer of any property or undertaking or any right or

liability to the Authority by this Act and make such orders as may be

necessary to make any powers and duties exercisable by the

Government, the Consumer and Competition Department, the Malta

Standards Authority and the Malta National Laboratory Company

Limited in relation to any of the transferred property or undertakings

exercisable by or on behalf of the Authority.

PART XIII

MISCELLANEOUS

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 63 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

For the purposes of the Criminal Code and of any Persons deemed

provision of a penal nature in any other law, the members of the public

Board, officers and employees of the Authority, shall be deemed to be

public officers.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 64 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

For the purposes of this article "acts" means any Service of acts

request for information, measure, order, direction, statement, decision of the Authority.

or other forms of communication issued by the Authority.

(2) Where the Authority is required to, or decides to, notify its

acts under this Act, the Competition Act, the Consumer Affairs Act or Cap.

378. under any other Act, or regulations made thereunder, it shall do so in

any of the following ways

(a)

by delivering it to the person or by leaving it at the

address at which the person ordinarily resides or carries on

business or place of work or postal address of such person with

a member of his family or household or with a person in his

service or his attorney or person authorised to receive his mail

Provided that it shall not be lawful to leave such

copy with any person under the age of fourteen years, or with

any person who, on account of infirmity of mind, is unable to

give evidence of such service. A person shall be presumed to be

able to give such evidence unless the contrary is proved; and no

objection may be raised on the ground of irregularity of the

service for any of those reasons, if it is shown that the copy has

actually reached the person to be served therewith

Provided further that where a person to whom a

notice is addressed refuses to receive it personally from an

officer of the Authority, the Appeals Tribunal may upon an

application by the Authority and after hearing the officer of the

Authority and considering all the circumstances of the incident,

declare that such service shall have been effected on the day and

time of the refusal and such declaration shall be considered as a

proof of service for all purposes of law;

(b)

by sending it by registered post to the person at the

address at which the person ordinarily resides or carries on

business; or

(c)

if an address for the service of notices has been

provided by the person, by leaving it at, or sending it by

registered post addressed to the person to that address; or

(d)

in any case where the Authority considers that the

immediate delivery of the act is required, by sending it, by

means of a facsimile machine or by electronic mail, to a device

or facility for the reception of facsimiles or electronic mail

located at the address at which the person ordinarily resides or

carries on business or, if an address for the service of acts has

been furnished by the person, that address, provided that the

facsimile machine of the Authority generates a message

confirming successful transmission of the total number of pages

of the notice or the facility of the Authority for the reception of

electronic mail generates a message confirming receipt of the

electronic mail

Provided that the provisions of paragraph (d) shall

not apply to the notification of documents filed before the

Appeals Tribunal or any court.

(3) If it appears from the employee charged with the service of

an act that, although it does not result that the person upon whom

such an act is to be served is abroad and access to his place of

residence cannot be obtained, or his place of residence is not known,

the Appeals Tribunal, upon an application by the Authority, may

direct service to be effected by the posting of a copy of the act at the

place, in the town or district in which official acts are usually posted

up, and by publishing a summary of such act in the Gazette and in one

or more daily newspapers as the Appeals Tribunal may direct, and

where possible, when the residence is known, by posting up a copy of

the act on the door leading to such residence. The Appeals Tribunal

may also adopt such other measures as it may deem fit to bring the act

to the attention of the person upon whom the same is to be served. In

such cases, service shall be deemed to have been made on the third

working day after the date of last publication or after the date of such

posting, whichever is the later. In cases where service has been

ordered with urgency, service shall be deemed to have been made at

such time, after posting or publication as the Appeals Tribunal may

determine, which time is to be stated in the publication or posting.

(4) In the case of a body having distinct legal personality,

service on such body shall be effected by leaving a copy of the act

(a)

at its registered office, principal office, or place of

business or postal address of the person or persons vested with

the legal or judicial representation thereof or by any company

secretary or with an employee of such body; or

(b)

with the person or persons vested with the legal or

judicial representation thereof or by any company secretary in

the manner provided for in subarticle (2).

(5) The provisions of this article shall also apply with respect

to the notification of acts issued by the entities of the Authority under

this Act or any other law enforced by them.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 65 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The Minister, after consultation with the Board, as Power of

Minister to

the case may be, may from time to time make regulations

make

regulations.

(a)

prescribing fees or charges that may be charged by

the Authority under this Act or any other Act, or regulations

made thereunder which it administers;

(b)

providing for additional methods of effecting

service of acts of the Authority or altering or removing any of

the methods prescribed under article 64;

(c)

generally for the better carrying out of the objects

and purposes of this Act, or any other Act , or regulations made

thereunder administered by the Authority;

(d)

prescribing the mark or symbol that is to be used to

indicate conformity with any standard, technical regulations and

code of practice as indicated in article 24;

(e)

prescribing the manner and form in which any

application for a conformity mark shall be made, the

information which such application is to contain, and the fees

payable in respect thereof;

(f)

prescribing the manner and form in which permits

shall be issued by the Authority and the fees payable in respect

thereof;

(g)

providing for the publication of draft standards and

the manner in which the public can make representations

thereon to the Authority; and

(h)

prescribing for other matters that are or may be

prescribed under this Act or any other Act, or regulations made

thereunder applied by the Authority.

(2) Notwithstanding any provision in any other Act or

regulations, where the Minister under such Act or regulations is

empowered to make regulations on matters falling within the

competence of the Authority, the Minister shall, without prejudice to

any other consultation required under such Act or regulations, consult

the Board.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 66 Establishment of Directorates. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

There shall be established the Directorates as listed

in the Fourth Schedule, which shall have the responsibilities as

described therein. The Minister may, after consulting the Board, by

Order in the Gazette, abolish any one or more of the said Directorates,

vary their responsibilities and establish such other Directorate as he

may from time to time deem appropriate

Provided that the Board may, temporarily or for a specific

purpose, authorise the Director General heading the entity concerned,

to allow that a particular function of one Directorate be performed by

another Directorate within the same entity, should this be expedient

for the proper exercise of that function or for that specific purpose.

(2) Each Directorate, so established, shall be headed by a

person who shall be in possession of recognised professional

qualifications and experience in relation to the area of operation of

such Directorate and who shall be appointed by the Board, following

consultation with the Minister, for a period of three years and such

period may be extended for further periods of three years each

Provided that the first head of each Directorate shall be

appointed by the Minister.

(3) The Director General of each respective entity shall-

(a)

without prejudice to article 5(4), assume full

responsibility for the overall supervision and control of the

Directorates within that entity;

(b)

assign to each Directorate within that entity such

duties which are by, or in accordance with, the provisions of this

Act vested in each Directorate; and

(c)

co-ordinate the workings of the Directorates within

that entity.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 67 Responsibilities of Directorates. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In carrying out their responsibilities, the Directorates shall

assist the Director General of the entity concerned to discharge

effectively and efficiently the responsibilities of that entity in their

respective area of operation.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 68 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

Regulations which are required to be made under Language of

the provisions of this Act, may be made in the English language only regulations.

where the use of the Maltese language would be difficult due to the

technical terminology adopted.

(2) In the event of conflict or incompatibility between the

Maltese and English texts of any regulations made under this Act, the

English language version shall prevail.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 69 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Any administrative fine payable to the Authority shall be Administrative

recoverable as a civil debt by it and shall constitute an executive title fines.

for all effects and purposes of Title VII of Part I of Book II of the

Code of Organization and Civil Procedure.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 70 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

The provisions of the Competition Act and of the Transitory

Consumer Affairs Act existing prior to the coming into force of this Provisions

relation to the

Act shall continue to apply, as the case may be, to all

Competition Act

and the

Consumer

(a)

investigations pending at the time of coming into Affairs

force of this Act before the Director of the Office for Fair Cap. 378.

Competition and the Director of Consumer Affairs, both as

substituted by the Director General (Competition) and Director

General (Consumer Affairs) by this Act;

(b)

proceedings pending at the time of coming into

force of this Act before the Commission for Fair Trading and

the Consumer Affairs Appeals Board, both as substituted by the

Appeals Tribunal, the Consumer Claims Tribunal and the

courts; and

(c)

decisions and judgments which are not yet res

judicata, at the time of coming into force of this Act.

(2) Without prejudice to article 27A(10)(c) of the Competition

Act, in the case of an infringement of the Competition Act, of Articles

101 and, or 102 of the TFEU or of the Consumer Affairs Act, which

took place before the coming into force of this Act but in respect of

which no investigation by the Director of the Office for Fair

Competition, the European Commission, national competition

authority and the Director for Consumer Affairs was initiated and no

proceedings were instituted before the ordinary courts or the

Consumer Claims Tribunal, the provisions of this Act and the

provisions of the Competition Act and the Consumer Affairs Act as

amended by this Act, shall apply

Provided that in respect of the application of measures of a

punitive nature under the Competition Act, the undertaking

concerned shall have the option of choosing whether the measures in

force prior to the coming into force of this Act or the measures

provided for in this Act shall apply.

Provided further that once the undertaking concerned has

communicated its choice, its decision shall be final.

(3) For the purposes of subarticle (1)(b) the Appeals Tribunal

shall be vested with the powers of

(a)

the Commission for Fair Trading as provided in the

Competition Act prior to the coming into force of this Act; and

(b)

the Consumer Affairs Appeals Board as provided

under the Consumer Affairs Act prior to the coming into force

of this Act.

(4) For the purposes of subarticle (1)(a) the Director General

(Competition) shall be vested with the powers of the Director of the

Office for Fair Competition as provided in the Competition Act prior

to the coming into force of this Act.

(5) For the purposes of subarticle (1)(a) the Director General

(Consumer Affairs) shall be vested with the powers of the Director of

Consumer Affairs as provided in the Consumer Affairs Act prior to

the coming into force of this Act.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 71 Regulations. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Regulations made under the Malta Standards Authority

Act shall continue to be in force as if made under the provisions of

this Act and may be amended and revoked accordingly.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 72 National standards. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

National standards shall be designated as SM

XXX:YYYY, where XXX is an integer number and YYYY the year

of adoption.

PART XIV

AMENDMENTS TO THE CONSUMER AFFAIRS ACT

(CAP. 378)

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 73 Amendment to the Consumer Affairs Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

This Part amends the Consumer Affairs Act, and it

shall be read and construed as one with the Consumer Affairs Act,

hereinafter in this Part referred to as "the principal Act".

(2) The long title of the principal Act shall be substituted by

the following:-

"To provide for the powers of the Director General

(Consumer Affairs), for the establishment and functions of a

Consumer Affairs Council and for the establishment and

jurisdiction of the Consumer Claims Tribunal and for other

matters ancillary or consequent thereto.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 74 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The arrangement of the principal Act shall be amended as Amendment of

Parts II and XII

follows

of the

Arrangement of

the principal

(a)

for the words "PART II. Director of Consumer

Act.

Affairs and the Consumer Affairs Council 3-15" there shall be

substituted the words "PART II. Director General (Consumer

Affairs) and the Consumer Affairs Council 3-15";

(b)

the words "PART XII. Consumer Affairs Appeals

Board 110A-110G" shall be deleted; and

(c)

for the words "PART XI. Miscellaneous 111" there

shall be substituted the words "PART XII. Miscellaneous 111".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 75 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

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

article 2 of the

principal Act.

(a)

the definition "Appeals Board" shall be deleted;

(b)

immediately after the definition "advertisement"

there shall be inserted the following new definition

" "Appeals Tribunal" means the Competition and

Consumer Appeals Tribunal as established by article 31 of

the Malta Competition and Consumer Affairs Authority

Act, 2011;";

(c)

immediately after the new definition "Appeals

Tribunal" there shall be inserted the following new definition

" "the Authority" means the Malta Competition and

Consumer Affairs Authority as established by article 3 of

the Malta Competition and Consumer Affairs Authority

Act 2011;";

(d)

immediately after the new definition "the

Authority" there shall be inserted the following new definition

" "the Board" means the Board of Governors as

established by article 8 of the Malta Competition and

Consumer Affairs Authority Act, 2011;";

(e)

the definition "Department" shall be deleted;

(f)

the definition "Director" shall be substituted by the

following

" "the Director General" means the Director

General (Consumer Affairs) as appointed by article 16 of

the Malta Competition and Consumer Affairs Authority

Act, 2011;";

and wherever the word "Director" occurs in the principal Act it

shall be substituted by the word "Director General";

(g)

immediately after the definition "Minister" there

shall be inserted the following new definition

" "the Office" means the Office for Consumer

Affairs as established under article 16(1) of the Malta

Competition and Consumer Affairs Authority Act, 2011;";

and

(h)

immediately after the definition "premises" there

shall be inserted the following new definition

" "public authority" shall have the same meaning

assigned to it in article 2 of the Malta Competition and

Consumer Affairs Authority Act 2011;".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 76 Amendment of the Title of Part II of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The title to Part II of the principal Act shall be substituted

by the following:-

"Director General (Consumer Affairs) and the Consumer

Affairs Council"

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 77 Substitution of article 3 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

For article 3 of the principal Act there shall be substituted

the following

" Responsibility of

3. The Director General shall be

the Director

responsible for the administration and

General.

enforcement of this Act and for this

purpose

he

shall

exercise

the

responsibilities vested in the Office for

Consumer Affairs by article 17 of the Malta

Competition and Consumer Affairs

Authority Act, 2011 and of this Act

Provided that the Director General

may delegate any of his powers to any

officer or employee of the Authority.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 78 Amendment of article 4 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 4 of the principal Act shall be amended as follows

(a)

in subarticle (1) thereof, the words "The Council

shall consist of a chairman, deputy chairman and five other

members." shall be substituted by the words "The Council shall

consist of a chairman and five other members, one of whom

shall be appointed as deputy chairman.";

(b)

in subarticle (2) thereof, paragraph (b) shall be

deleted and paragraph (c) shall be renumbered as paragraph (b);

and

(c)

in subarticle (3) thereof, the words "paragraph (c)"

shall be substituted by the words "paragraph (b)".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 79 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 5 of the principal Act shall be substituted by the Substitution of

article 5 of the

following

principal Act.

"5.

It shall be the function of the Council

(a) to advise the Minister on measures for the

promotion and protection of consumer interests;

(b) at the request of the Minister, to undertake or

commission any study or research which may be necessary

to promote consumer protection;

(c) to monitor the working and enforcement of

laws that directly or indirectly affect the consumer in

Malta;

(d) to act as a forum for bringing together those

public authorities which in the exercise of their functions

deal with situations of conflict between traders' and

consumers’ interests or have the responsibility to

safeguard the interests of consumers, with a view to

establishing a closer relationship of co-operation among

the said public authorities in furthering the welfare of

consumers;

(e) to monitor the development of consumer

associations in Malta, and to draw up and review rules of

practice for registered consumer associations for

submission to the Minister;

(f) to examine and determine whether a

consumer association has the requirements to be a

registered consumer association in accordance with this

Act; and

(g) to perform any other function or duty that

may be assigned to it by the Minister or that may be

assigned to the Council under this or any other law.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 80 Amendment of article 7 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 7 of the principal Act shall be amended as follows

(a)

in subarticle (2) thereof, the words "and to the

Council, or to any of them," shall be deleted; and

(b)

in subarticle (3) thereof, the words "forty-six

thousand and five hundred and eighty-seven euro and forty-

seven cents (€46,587.47)" wherever they appear shall be

substituted by the words "forty-seven thousand euro (€47,000)".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 81 Amendment of article 8 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In subarticle (1) of article 8 of the principal Act, the words

"with the concurrence of the Chairman in case of urgency, or of the

Council," shall be deleted.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 82 Amendment of article 9 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 9 of the principal Act shall be amended as follows

(a)

the word "Department" in the marginal note thereof

shall be substituted by the word "Office.";

(b)

subarticle (1) thereof shall be substituted by the

following

"(1) Without prejudice to any arrangements made

in terms of article 9A, a trader shall not, without the

written consent of the Director General, make or cause to

be made any representation in any visual or aural form,

either specifically or by implication, to the effect that

(a) any goods or services supplied by any

trader have the approval of the Authority, Office or

Council; or

(b) any activity carried out by any trader has

the approval, or is conducted with the co-operation

or assistance of the Authority, Office or Council.";

and

(c)

subarticle (3) thereof shall be amended as follows

"(3) A trader convicted under this article shall be

liable to a fine (multa) of not less than one hundred and

twenty euro (€120) and not more than two thousand three

hundred and fifty euro (€2,350)."

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 83 Addition of article 9A of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Immediately after article 9 of the principal Act, there shall

be inserted the following new article

9A. (1)

In promoting good trading

"Approval of

codes of conduct

practices, the Director General shall, with the

by the Director

General and use

approval of the Board, make arrangements for

of official

approving codes of conduct and may, in

symbol.

accordance with these arrangements, give his

approval to or withdraw his approval from any

code of conduct.

(2) Any such arrangements must

specify the criteria to be applied by the

Director General in determining whether to

give approval to or withdraw approval from a

code of conduct.

(3) Any such arrangements may in

particular:-

(a)

specify the type of code of

conduct that may be the subject of an

application to the Director General for

approval indicating the requisite features

of the code of conduct, including the

persons who are, or are to be subject to

the code of conduct, the manner in which

it is, or is to be operated and the persons

responsible for its operation; and

(b)

provide for the use in

accordance with the arrangements of an

official symbol intended to signify that a

code of conduct is approved by the

Director General.

(4) The Director General shall publish

any arrangements under subarticle (1) in such

manner as he considers appropriate.

(5) For the purposes of this article "code

of conduct" shall have the same meaning

assigned to it in article 51A.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 84 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

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

article 11 of the

follows

principal Act.

(a)

in subarticle (1) thereof, the words "or of any

advisory commission established under this Act, the Director, or

a public officer with the Department" shall be deleted;

(b)

subarticle (2) thereof shall be deleted;

(c)

in subarticle (3) thereof, the words "a fine (multa)

of not less than one hundred and sixteen euro and forty-seven

cents (€116.47) and not more than two thousand and three

hundred and twenty-nine euro and thirty-seven cents

(€2,329.37)" shall be substituted by the words "a fine (multa) of

not less than one hundred and twenty euro (€120) and not more

than two thousand and three hundred fifty euro (€2,350)."; and

(d)

subarticle (3) thereof shall be renumbered as

subarticle (2).

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 85 Amendment of article 12 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In subarticle (3) of article 12 of the principal Act, the word

"Department" shall be substituted by the word "Office".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 86 Addition of article 12B of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Immediately after article 12A of the principal Act, there

shall be inserted the following new article

12B. (1)

Without prejudice to article

"Complaints

of general

12A, a qualified entity may also make a complaint

interest.

to the Director General that with respect to goods

and services

(a)

the structure of the market

concerned or any aspect of that structure;

(b)

any conduct, whether or not in

the market concerned, of one or more than

one person who supplies or acquires goods

or services in the market concerned; or

(c)

any conduct relating to the

market concerned of customers of any

person who supplies or acquires goods or

services,

is or appears to be significantly harming the

interests of consumers.

(2) The Director General must, within

forty-five days after the day on which he receives

the complaint, publish a response stating how he

proposes to deal with the complaint, and in

particular

(a)

whether he has decided to take

any action, or to take no action, in response

to the complaint; and

(b)

if he has decided to take action,

what action he proposes to take.

(3) The response must state the reasons of

the Director General for his proposals.

(4) The Director General-

(a)

shall issue guidance as to the

presentation by the qualified entity of a

reasoned case for the complaint; and

(b)

may issue such other guidance

as appears appropriate for the purposes of

this article.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 87 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In subarticle (2) of article 13 of the principal Act, the word Amendment of

article 13 of the

"Department" shall be substituted by the word "Office".

principal Act.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 88 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

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

article 14 of the

amended as follows

principal Act.

(a)

paragraph (a) thereof shall be substituted by the

words "a sum not in excess of six hundred euro (€600) for any

pecuniary loss, and"; and

(b)

paragraph (b) thereof shall be substituted by the

words "a sum of not less than thirty five euro (€35) and not

more than seven hundred and fifty euro (€750) as moral

damages for any pain, distress, anxiety and inconvenience.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 89 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In article 14B of the principal Act, the words "Appeals Amendment of

Board" wherever they appear and the word "Board" in subarticle (7) article

the principal

thereof shall be substituted by the words "Appeals Tribunal".

Act.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 90 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In article 20 of the principal Act, the words "three Amendment of

thousand and four hundred and ninety-four euro and six cents article

principal Act.

(3,494.06)", wherever they appear, shall be substituted by the words

"three thousand five hundred euro (€3,500)".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 91 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In article 21 of the principal Act, the words "a sum of not Amendment of

less than thirty-four euro and ninety-four cents (34.94) and not more article

principal Act.

than two hundred and thirty-two euro and ninety-four cents (232.94)"

shall be substituted by the words "a sum of not less than thirty-five

euro (€35) and not more than five hundred euro (€500)".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 92 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 22 of the principal Act shall be amended as Amendment of

article 22 of the

follows

principal Act.

(a)

in subarticle (1) thereof, immediately before the

words "shall lie from a decision of a Tribunal" there shall be

inserted the words "made under subarticles (2) and (3)"; and

(b)

in subarticle (2) thereof, the words "Independently

of the amount of the claim, an appeal shall always lie in the

following cases" shall be substituted by the words "An appeal

shall lie in the following cases".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 93 Amendment of article 25 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

In the proviso to subarticle (1) of article 25 of the

principal Act, the words "one hundred and sixteen euro and forty-

seven cents (€116.47)" shall be substituted by the words "one hundred

and twenty euro (€120)".

(2) Subarticle (3) of article 25 of the principal Act, shall be

substituted by the following

"(3)

A decision of the Tribunal which has become res

judicata may be enforced, depending on the residence of the

person against whom enforcement is sought, by the Court of

Magistrates (Malta) or by the Court of Magistrates (Gozo), as an

executive title under the Code of Organization and Civil

Procedure

Provided that the Court fees payable in respect of

any warrant issued for the purpose of enforcing a decision of the

Tribunal shall amount to one-half of the court fees applicable in

respect of warrants issued for the purpose of enforcement of

judgments of the Court of Magistrates referred to herein.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 94 Amendment of article 25A of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 25A of the principal Act shall be substituted by the

following

"25A. The Director General shall monitor closely the

decisions of the Tribunal to identify traders whose conduct on

the market may be in breach of the Act or regulations made

thereunder or who may not be honouring the decisions of the

Tribunal or of the Court of Appeal to the detriment of

consumers and may take any action under this Act or

regulations made thereunder against such traders to address any

consumer harm that could be ensuing from the traders’

behaviour

Provided that any action by the Director General

under this article shall be without prejudice to the obligation of

the trader to comply with the decision of the Tribunal or of the

Court of Appeal.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 95 Amendment of article 26 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In subarticles (4) and (6) of article 26 of the principal Act,

the words "from among public officers serving with the Department",

shall be deleted.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 96 Amendment of article 34 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In article 34 of the principal Act, the words "two thousand

and three hundred and twenty-nine euro and thirty seven cents

(€2,329.37)" shall be substituted by the words "two thousand three

hundred and fifty euro (€2,350)".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 97 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In article 61 of the principal Act, the words "four hundred Amendment of

and sixty-five euro and eighty-seven cents (€465.87)" shall be article

61 of the

principal Act.

substituted by the words "five hundred euro (€500)".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 98 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In article 67 of the principal Act, the words "Limitation of Amendment of

action" in the marginal note shall be substituted by the words article

67 of the

principal Act.

"Prescription".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 99 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 78 of the principal Act shall be amended as Amendment of

article 78 of the

follows

principal Act.

(a)

the word "prescription" in the marginal note

thereof shall be substituted by the words "limitation of action";

and

(b)

the words "of prescription" shall be deleted.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 100 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In article 91 of the principal Act, the words "one hundred Amendment of

and sixteen euro and forty-seven cents (€116.47)" shall be substituted article

91 of the

principal Act.

by the words "one hundred and twenty euro (€120)".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 101 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In paragraph (b) of subarticle (5) of article 94 of the Amendment of

article 94 of the

principal Act, the words "Appeals Board" shall be substituted by the principal Act.

words "Appeals Tribunal".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 102 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In subarticle (3) of article 95 of the principal Act, the Amendment of

words "Appeals Board" shall be substituted by the words "Appeals article

95 of the

principal Act.

Tribunal".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 103 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 97 of the principal Act shall be amended as follows: Amendment of

article 97 of the

principal Act.

(a)

the words "the Appeals Board" and "the Board",

wherever they appear, shall be substituted by the words "the

Appeals Tribunal";

(b)

subarticle (3) thereof shall be repealed; and

(c)

subarticle (4) thereof shall be renumbered as

subarticle (3).

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 104 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In article 98 of the principal Act, the words "the Appeals Amendment of

article 98 of the

Board" shall be substituted by the words "the Appeals Tribunal".

principal Act.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 105 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In article 106 of the principal Act, the words "not less than Amendment of

four hundred and sixty-five euro and eighty-seven cents (€465.87) article

106 of

the principal

and not more than forty-six thousand five hundred and eighty-seven Act.

euro and forty-seven cents (€46,587.47)" shall be substituted by the

words "not less than four hundred and seventy euro (€470) and not

more than forty-seven thousand euro (€47,000).".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 106 Amendment of article 106A of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 106A of the principal Act shall be amended as

follows

(a)

subarticle (2) thereof shall be substituted by the following

"(2) An administrative fine imposed for an

infringement under subarticle (1) shall not be less than four

hundred and seventy euro (€470) and not more than forty-

seven thousand euro (€47,000)."; and

(b)

in the proviso to subarticle (2) thereof the words

"not more than two hundred and thirty-two euro and ninety-four

cents (€232.94)" shall be substituted by the words "not more

than two hundred and thirty euro (€230).".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 107 Substitution of article 109 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 109 of the principal Act shall be substituted by the

following

"109. No action shall lie against the Director General, or

any of his officers or any authorised person acting under his

direction or control, or against any member of the Council, for

any act or omission in connection with this Act, or any

regulations made thereunder, unless such act or omission was

done in bad faith.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 108 Deletion of article 110 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 110 of the principal Act shall be deleted.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 109 Deletion of heading and title of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The heading "Part XII" and title thereto of the principal

Act, immediately after the deleted article 110 of the principal Act,

shall be deleted.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 110 Deletion of article 110A of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 110A of the principal Act shall be deleted.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 111 Amendment of article 110B of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 110B of the principal Act shall be amended as

follows

(a)

the words "Appeals Board", wherever they appear,

shall be substituted by the words "Appeals Tribunal"; and

(b)

in subarticle (3) thereof, the word "secretary"

wherever it appears shall be substituted by the word "Registrar".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 112 Amendment of article 110C of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In article 110C of the principal Act, the words "Appeals

Board", wherever they appear, shall be substituted by the words

"Appeals Tribunal".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 113 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In article 110D of the principal Act, the words "Appeals Amendment of

Board" in the marginal note thereof and wherever they appear shall be article

the principal

substituted by the words "Appeals Tribunal".

Act.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 114 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 110E of the principal Act shall be amended as Amendment of

article 110E of

follows

the principal

Act.

(a)

subarticles (1), (3), (4), (5) and (6) thereof shall be

deleted;

(b)

subarticles (2) and (7) thereof shall be renumbered

as subarticles (1) and (2) respectively;

(c)

the words "Appeals Board" in the marginal note

thereof and in subarticle (1) as renumbered shall be substituted

by the words "Appeals Tribunal"; and

(d)

in subarticle (2) as renumbered, for the words "in

subarticle (2)" there shall be substituted the words "in subarticle

(1)".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 115 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Subarticle (1) of article 110F of the principal Act shall be Amendment of

article 110F of

substituted by the following

the principal

Act.

"(1) Any party to an appeal to the Appeals Tribunal

including the Director General, who feels aggrieved by a

decision of the Appeals Tribunal may, on points of law or on

grounds of natural justice, appeal to the Court of Appeal by

means of an application filed in the registry of that court within

fifteen days from the date of the decision of the Appeals

Tribunal.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 116 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 110G of the principal Act shall be amended as Amendment of

article 110G of

follows

the principal

Act.

(a)

the words "Appeals Board" in the marginal note

thereof and wherever they appear shall be substituted by the

words "Appeals Tribunal"; and

(b)

in subarticle (1) thereof, the words "without

prejudice to article 97(3)" shall be deleted; and

(c)

immediately after subarticle (2) thereof, the

following proviso shall be inserted

"Provided that in the case of a compliance order,

the Appeals Tribunal or the Court of Appeal may, pending

the outcome of the case, modify the compliance order as it

deems necessary instead of suspending it.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 117 Addition of new article 110H to the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Immediately after article 110G of the principal Act, there

shall be inserted the following new article

" Notification

"110H.(1) Any decision or order of the

and

Director General delivered in accordance with

publication of

the provisions of this Act shall be notified to the

decisions.

parties concerned and to the complainant in

accordance with article 64 of the Malta

Competition and Consumer Affairs Authority

Act, 2011 due regard being had to business

secrets or other confidential information.

(2) The Appeals Tribunal and the Director

General shall publish without undue delay the

decisions or orders taken under this Act and in

doing so the Appeals Tribunal and the Director

General shall have regard to the legitimate

interest of the parties concerned in the protection

of their business secrets or other confidential

information.

(3) Any decision delivered by the Appeals

Tribunal in proceedings held before it shall be

deemed to be notified to the parties on the date

on which it is pronounced.

(4) The Appeals Tribunal shall provide

(a)

both a complete version and a

non-confidential version of its decision on

paper or on any other durable medium to

the Director General; and

(b)

a copy of its decision, upon

request, to the parties to the case, ensuring

in so doing the protection of business

secrets or other confidential information.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 118 Renumbering of Part. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The heading "PART XIII", immediately following the new

article 110H, shall be renumbered as "PART XII".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 119 Amendment of the Second Schedule to the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The Second Schedule to the principal Act shall be amended

as follows

(a)

in paragraph (2) thereof, the words "the fine shall

be two thousand, three hundred and twenty-nine euro and thirty-

seven cents (€2,329.37)" shall be substituted by the words "the

fine shall be two thousand three hundred and fifty euro

(€2,350)";

(b)

paragraph (4) thereof shall be substituted by the

following

"4. Without prejudice to the generality of rule 3,

the following shall in all cases be deemed as aggravating

circumstances

-

where the infringement is an unfair

commercial practice listed in the First Schedule,

the basic amount shall be increased by a sum not

less than one thousand, seven hundred and fifty

euro (€1,750) and not more than four thousand, six

hundred and fifty euro (€4,650);

-

in the case of a second or subsequent

infringement, the basic amount shall be increased

by two thousand, three hundred and fifty euro

(€2,350) for each and every subsequent

infringement;

-

where the practice or scheme constituting

the infringement is the principal means by which

the trader runs or operates his business, the basic

amount shall be increased by a sum not less than

one thousand, seven hundred and fifty euro

(€1,750) and not more than four thousand, six

hundred and fifty euro (€4,650);

-

where the practice or scheme constituting

the infringement is specifically targeting

vulnerable consumers, the basic amount shall be

increased by two thousand, three hundred and fifty

euro (€2,350);

-

where the unfair commercial practice is

accompanied by any of the factors listed in article

51E(2) of the Act, the basic amount shall be

increased by a sum not less than one thousand,

seven hundred and fifty euro (€1,750) and not

more than four thousand, six hundred and fifty

euro (€4,650).";

(c)

paragraph (6) thereof shall be substituted by the

following

"6. The final amount of the administrative fine

shall not, in any event, exceed forty-seven thousand euro

(€47,000) or be lower than four hundred and seventy euro

(€470).";

(d)

paragraph (8) thereof shall be substituted by the

following

"8. For the infringement referred to in article 12,

the amount of the fine shall not be less than four thousand

six hundred and fifty euro (€4,650) and not more than

eleven thousand six hundred and fifty euro (€11,650).";

(e)

paragraph (9) thereof shall be substituted by the

following

"9. For the infringement referred to in article

14B, the amount of the fine shall not be less than four

thousand six hundred and fifty euro (€4,650) and not more

than eleven thousand six hundred and fifty euro

(€11,650).";

(f)

paragraph (10) thereof shall be substituted by the

following

"10. For the infringement referred to in article 94,

the amount of the fine shall not be less than four thousand

six hundred and fifty euro (€4,650) and not more than

twenty-three thousand three hundred euro (€23,300)

Provided that in the case of non-compliance,

the Director General may also impose a daily fine of not

less than one hundred and twenty euro (€120) and not more

than two hundred and thirty euro (€230) for each day of

non-compliance.".

PART XV

AMENDMENTS TO THE COMPETITION ACT

(CAP. 379.)

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 120 Amendment to the Competition Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

This Part amends the Competition Act, and it shall be read

and construed as one with the Competition Act, hereinafter in this

Part referred to as "the principal Act".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 121 Amendment of article 2 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 2 of the principal Act shall be amended as follows

(a)

immediately before the definition "association of

undertakings" there shall be inserted the following new

definition

" "Appeals Tribunal" means the Competition and

Consumer Appeals Tribunal as established by article 31 of

the Malta Competition and Consumer Affairs Authority

Act, 2011;";

(b)

immediately after the definition "association of

undertakings", there shall be added the following new

definition

" "the Board" means the Board of Governors as

established by article 8 of the Malta Competition and

Consumer Affairs Authority Act, 2011;";

(c)

the definition "chairman" shall be deleted;

(d)

the definition "Commission" shall be deleted;

(e)

the definition "Director" shall be substituted by the

following

" "Director General" means the Director General

(Competition) as appointed by article 13 of the Malta

Competition and Consumer Affairs Authority Act, 2011;";

and wherever the word "Director" appears in the principal Act,

it shall be substituted by the word "Director General";

(f)

the definition "European Commission" shall be

substituted by the following

" "European Commission" means the European

Commission as established by article 13 of the Treaty on

European Union;";

(g)

the definition "Minister" shall be substituted by the

following

" "Minister" means the Minister responsible for

competition matters;";

(h)

the definition "office" shall be substituted by the

following

" "Office" means the Office for Competition as

established by article 13 of the Malta Competition and

Consumer Affairs Authority Act, 2011;";

(i)

immediately after the definition "office" there shall

be inserted the following new definition

" "President" means the President of the Appeals

Tribunal;";

(j)

immediately after the definition "product" there

shall be inserted the following new definition

" "qualified entity" shall have the same meaning

assigned to it under article 2 of the Consumer Affairs

Act;";

(k)

in the definition "restrictive practice" the words

"Article 81 of the EC Treaty" and "Article 82 of the EC Treaty"

shall be substituted by the words "Article 101 of the TFEU" and

"Article 102 of the TFEU" respectively; and

(l)

the definition "EC Treaty" shall be deleted and,

immediately after the definition "restrictive practice", there

shall be added the following new definition

" "TFEU" means the Treaty on the Functioning of

the European Union;".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 122 Amendment of article 3 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 3 of the principal Act shall be amended as follows

(a)

the marginal note thereof shall be substituted by the

words "Responsibility of the Director General"; and

(b)

article 3 thereof shall be substituted by the

following

"3. The Director General shall have the exclusive

competence to apply the provisions of this Act and for this

purpose he shall exercise the responsibilities vested in the

Office for Competition under article 14 of the Malta

Competition and Consumer Affairs Authority Act, 2011

and under this Act

Provided that the Director General may delegate

any of his powers to any officer or employee of the

Authority.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 123 Deletion of article 4 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 4 of the principal Act shall be deleted.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 124 Amendment of article 5 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 5 of the principal Act shall be amended as follows

(a)

in subarticle (1) thereof in the Maltese text only, for

the words "li jsiru bil-ħsieb jew li jkollhom l-effett li

jimpedixxu, irażżnu jew ixekklu l-kompetizzjoni" there shall be

substituted the words "li jkollhom bħala għan jew riżultat

tagħhom il-prevenzjoni, ir-restrizzjoni jew id-distorsjoni tal-

kompetizzjoni";

(b)

in subarticle (5) thereof, the words "Article 81 of

the EC Treaty" shall be substituted by the words "Article 101 of

the TFEU"; and

(c)

in subarticle (6) thereof, the words "Article 81(1)

of the EC Treaty" and "Article 81(3) of the EC Treaty" shall be

substituted by the words "Article 101(1) of the TFEU" and

"Article 101(3) of the TFEU" respectively.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 125 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In subarticle (1) of article 8 of the principal Act, for the Amendment of

words "consultation with the Director", there shall be substituted the article

principal Act.

words "consultation with the Board".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 126 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 9 of the principal Act shall be amended as follows

Amendment of

article 9 of the

principal Act.

(a)

in subarticle (2) thereof, paragraphs (b) and (d)

shall be deleted and paragraphs (c), (e) and (f) shall be

renumbered as (b), (c) and (d) respectively;

(b)

subarticle (3) thereof shall be deleted; and

subarticles (4) and (5) shall be renumbered as subarticles (3)

and (4) respectively; and

(c)

in subarticle (4) thereof as renumbered, the words

"Article 82 of the EC Treaty" shall be substituted by the words

"Article 102 of the TFEU".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 127 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Immediately after article 11 of the principal Act, there Substitution of

article 11 of the

principal Act.

shall be inserted the following new article

" Inquiries into

11A. (1) Where the trend of trade, the

sectors of the

rigidity of prices or other circumstances

economy and

suggest that competition may be restricted or

into types of

agreements.

distorted within the Maltese market, the

Director General may conduct an inquiry into a

particular sector of the economy or into a

particular type of agreements across various

sectors. In the course of that inquiry, the

Director General may request the undertakings

or association of undertakings concerned to

supply the information necessary for the

application of articles 5 and 9 of the Act and

Articles 101 and 102 of the TFEU and may

carry out any inspections necessary for that

purpose.

(2) For the purposes of subarticle (1)

hereof, article 12 shall mutatis mutandis apply.

(3) The Director General may in

particular request the undertakings or

association of undertakings concerned to

communicate to him all agreements, decisions

and concerted practices.

(4) The Director General may publish a

preliminary report on the results of the inquiry

into particular sectors of the economy or

particular types of agreements across various

sectors and invite comments from interested

parties before publishing the final report.

(5) Any

person,

undertaking

or

association of undertakings that does not

comply with the request of the Director General

in terms of subarticles (1) and (3), within the

time-limits imposed by the Director General

shall, without prejudice to any other liability

under this Act or any other law, commit an

infringement of this Act.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 128 Amendment of article 12 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 12 of the principal Act shall be amended as

follows

(a)

the words "or the Commission to carry out their

functions" in subarticle (1) thereof shall be substituted by the

words "to carry out his functions"; and

(b)

subarticles (2) to (10) thereof shall be substituted

by the following subarticles (2) to (14):-

"(2) During

the

course

of

any

investigation carried out by the Office in

accordance with subarticle (1), the Director

General may request any undertaking or

association of undertakings to furnish him with

any information or document in its possession

which the Director General has reason to

believe is relevant to the matter under

investigation, within such time as in the

circumstances of the investigation the Director

General may consider reasonable

Provided that nothing in this

subarticle may be construed as authorising the

Director General to order the production of any

document or the disclosure of any information

which may be subject to the duty of

professional secrecy.

(3) When sending a request for

information to an undertaking or association of

undertakings, the Director General shall state

the legal basis and the purpose of the request,

specify what information is required and fix a

time-limit within which the information is to be

provided and indicate the administrative fines

provided for in articles 21(4), (5) and (6).

(4) Where undertakings and associa-

tions of undertakings submit information which

contains business secrets or other confidential

information, article 29 of the Malta

Competition and Consumer Affairs Authority

Act, 2011 shall apply.

(5) Any undertaking that shows that its

operations are directly affected by the

investigation being carried out by the Director

General, any association of undertakings, any

person or any registered consumers’

association claiming that it or its members are

being adversely affected by, any breach of the

provisions of this Act constituting the subject-

matter of those investigations, may request in

writing to make submissions before the

Director General at any stage thereof and the

Director General shall accede to the request if

he considers it justified and determine the

manner in which such submissions shall be

made.

(6) In the course of any investigation the

Director General may receive written or verbal

statements from any person, as well as make

copies of any document produced to him, and

the record of such statements and such copies

duly attested by the Director General shall be

producible as evidence before the Appeals

Tribunal and before any court of law

Provided that, and without prejudice

to subarticle (7) (a), in the case of a natural

person, not being an undertaking or a director,

manager, secretary or other similar officer of an

undertaking or association of undertakings,

statements may be taken only with his prior

consent.

(7) (a)

The Director General may,

for the purpose of any investigation under this

article, enter into and search any premises, land

and means of transport of undertakings and

associations of undertakings, where he has

reason to believe that information relevant to

the investigation may be found, and in the

course of any such search may seize any object

or document, or take extracts or copies of

documents, or order the non-removal of any

object from any such premises, land and means

of transport, and in connection with any such

order may close and seal any or all parts of

such premises, land or means of transport, or

put any object under seal and, or ask any

representative or member of staff of the

undertaking or association of undertakings

concerned for an explanation of facts or

documents relating to the subject matter and

purpose of the inspection and record the

answers.

(b)

The officials carrying out an

inspection under paragraph (a) shall exercise

their powers upon production of a written

authorisation signed by the Director General

specifying the subject-matter and purpose of

the inspection and the penalties provided in

article 21(4) and (5).

(8) (a)

If a reasonable suspicion

exists that books or other records related to the

business and to the subject-matter of the

inspection, which may be relevant to prove a

breach of articles 5 and, or 9, and, or Articles

101 and, or 102 of the TFEU, are being kept in

any other premises, land or means of transport,

including the homes of directors, managers and

other members of staff of the undertakings and

associations of undertakings concerned, the

Director General may, duly authorised by a

warrant issued by a Magistrate, order an

inspection to be conducted in any such other

premises, land and means of transport.

(b)

The Magistrate, in deciding

whether to issue a warrant under paragraph (a)

shall ensure that the coercive measures

envisaged are neither arbitrary nor excessive,

having regard, in particular, to the gravity of

the suspected infringement, to the importance

of the evidence sought, to the involvement of

the undertaking or association of undertakings

concerned and to the reasonable likelihood that

business books and records relating to the

subject-matter of the inspection are kept in the

premises for which the warrant is requested.

(c)

The warrant mentioned in

paragraph (a) shall specify the subject-matter,

purpose of the inspection, the date on which the

inspection is to begin and the penalties

provided in article 21(4) and (5).

(d)

The officials carrying out an

inspection under this subarticle shall exercise

their powers upon production of the warrant

mentioned in paragraph (a) and shall for the

purposes of this subarticle be empowered to

enter into and search any such premises, land

and means of transport and in the course of any

such search, may seize any object or document,

or take extracts or copies of documents, or

order the non-removal of any object from any

such premises, land and means of transport.

(9) (a)

In the course of any search as

is referred to in subarticles (7) and (8), the

Director General may request the assistance of

the Police and in such case the Police shall

require a warrant from a Magistrate to assist the

Director General in the search.

(b)

Where police assistance is

sought by the European Commission in terms

of Article 20(6) of Council Regulation (EC) No

1/2003, a warrant from a Magistrate shall be

required.

(10) In issuing a warrant enabling the

European Commission to carry out an

inspection in terms of Article 21 of Council

Regulation (EC) No 1/2003 the Magistrate

shall follow the provisions of paragraph (3)

thereof.

(11) In the course of an inspection under

this article, the undertakings or association of

undertakings or persons subject to the

inspection may be assisted by legal counsel or

other advisers of their choice

Provided that the right to such

assistance shall not have the effect of

suspending or delaying the inspection.

(12) The Director General shall always

issue a receipt to the person on the premises or

in control of any object that has been seized.

Anything which has been lawfully seized by

the Director General and any order given by the

Director General in accordance with subarticle

(7) may be retained or shall remain in force as

long as it is considered necessary by the

Director General.

(13) No search may be commenced on

any premises after seven o’clock in the evening

and before seven o’clock on the next following

morning, unless there is reason to believe that

delay could cause the loss of information and

the search is expressly authorized by the

Director General or the Magistrate, as the case

may be, to take place between the said times.

(14) Nothing in this article shall be

deemed to detract from the powers of the Police

under the Criminal Code or under any other

law.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 129 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 12A of the principal Act shall be substituted by the Substitution of

article 12A of

following

the principal

Act.

" Finding of an

12A. (1)

Where the Director General

infringement by

considers that an infringement of articles 5

the Director

and, or 9 of this Act and, or an infringement of

General.

Articles 101 and, or 102 of the TFEU may

have occurred, he shall notify each of the

parties concerned in writing of the objections

raised against them in accordance with the

provisions of article 64 of the Malta

Competition and Consumer Affairs Authority

Act, 2011 and shall set a time-limit within

which they may inform him in writing of their

submissions, and the parties concerned may in

their written submissions set out all facts

known to them which are relevant to their

defence against the objections raised by the

Director General and shall attach any relevant

documents as evidence thereof.

(2) (a)

Where the Director General

issues a statement of objections relating to a

matter in respect of which he has received a

complaint, he shall provide the complainant

with a copy of the non-confidential version of

the statement of objections.

(b)

Paragraph (a) shall not

apply where the settlement procedure under

article 12B is underway, so however that the

Director General shall inform the complainant

in writing of the nature and subject-matter of

the procedure.

(c)

Under paragraphs (a) and

(b), the Director General shall set a time-limit

within which the complainant may make

known his views in writing.

(3) (a)

The Director General shall

give the parties to which he has issued a

statement of objections as referred to in

subarticle (1) and the complainant the

opportunity to develop their arguments

verbally, if they so request in their written

submissions.

(b)

The Director General may,

where appropriate, invite any other person to

express his views in writing within the time-

limit set by the Director General, and may give

any such other person the opportunity to

submit his views verbally if he so requests in

his written submissions.

(4) Without prejudice to the right of the

persons mentioned in subarticle (3) to request

a separate and individual meeting, the Director

General may also, on his own initiative, and,

as he considers appropriate, invite some or all

of the parties who have submitted written

observations in terms of subarticle (3), to a

meeting whereby they may develop their

arguments and make counter-submissions in

each other’s presence and reply to questions

posed by the Director General

Provided that during such meeting,

the Director General shall ensure that due

regard is given to the protection of business

secrets and other confidential information.

(5) The parties notified with a

statement of objections as referred to in

subarticle (1) shall be entitled to have access

to the file concerning their case following such

notification, without prejudice to the non-

disclosure of information or documents

identified by the Director General as

containing business secrets or other

confidential information, or of internal

documents of the Director General or of the

Competition Authorities of other Member

States.

(6) Where, upon the conclusion of an

investigation, it results to the Director General

that the agreement, decision, concerted

practice or conduct investigated is in breach of

the provisions of articles 5 and, or 9 of this Act

and, or in breach of Articles 101 and, or 102 of

the TFEU, he shall issue a decision finding an

infringement, giving his reasons therefor

Provided that the Director General shall

base his decisions under this subarticle only on

objections contained in the statement of

objections referred to in subarticle (1).

(7) In the interpretation of this Act and

in the exercise of his responsibilities, in

particular in the formulation of his decisions,

orders and reports, the Director General shall

have recourse to the judgements of the Court

of Justice of the European Union, and to

relevant decisions and statements of the

European Commission including interpretative

notices on the relevant provisions of the TFEU

and secondary legislation relative to

competition and may refer to his decisions and

those of the Appeals Tribunal.

(8) Upon notification of a decision of

the Director General as referred to in

subarticle (6) such decision shall, without

prejudice to the right of appeal under article

13A, constitute an executive title for all effects

and purposes of Title VII of Part I of Book

Second of the Code of Organization and Civil

Procedure

Provided

so

however

that,

notwithstanding the provisions of article

256(2) of the Code of Organization and Civil

Procedure, the executive title referred to in this

subarticle shall not be enforceable before the

lapse of twenty days from notification of the

decision to the undertaking or association of

undertakings concerned in accordance with

article 19(1).

(9) Any decision of the Director

General may be revised or altered by the

Director General where it results that

(a)

the information upon which

it was based had been false, misleading

or incomplete; or

(b)

market conditions have

changed significantly.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 130 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Immediately after article 12A of the principal Act there

Addition of new

articles 12B,

shall be inserted the following new articles:-

12C and 12D to

the principal

Act.

12B. (1)

In the course of an

"Settlement

procedure in

investigation concerning an agreement or a

cartel cases.

concerted practice between undertakings

operating on the same level of the market and

within the same relevant market or a decision

of an association of undertakings having the

object of preventing, restricting or distorting

competition in terms of article 5 and, or

Article 101 of the TFEU, the Director General

may, prior to issuing a statement of

objections, invite all or some of the

undertakings concerned or the association of

undertakings concerned to indicate in writing,

within the time-limit set by him, whether they

are prepared to engage in settlement

discussions with a view to possibly

introducing settlement submissions

Provided that the Director General

shall not be obliged to take into account

replies received after the expiry of that time-

limit.

(2) Where two or more undertakings

within the same economic entity indicate their

willingness to engage in settlement

discussions pursuant to subarticle (1), they

shall, by the end of the time-limit set by the

Director

General

appoint

a

joint

representative to engage in discussions with

the Director General on their behalf

Provided that when setting the

time-limit pursuant to subarticle (1), the

Director General shall indicate to the relevant

undertakings forming part of the same

economic entity that the appointment of a

joint representative shall be made for the sole

purpose of fulfilling the requirement

prescribed by this subarticle and that it shall

have no bearing on the allocation of liability

for the infringement amongst the different

undertakings within the said economic entity.

(3) Undertakings or association of

undertakings taking part in settlement

discussions may be informed by the Director

General of

(a)

the objections he envisages

to raise against them;

(b)

the evidence used to

determine the envisaged objections;

(c)

non-confidential versions

of any specified accessible document

listed in the case file at that point in

time; and

(d)

the range of potential fines

Provided that in the case of

paragraph (c) access may only be granted

upon request by the undertaking or

association of undertakings concerned and

where such request is necessary to enable the

party to ascertain its position regarding a time

period or any other particular aspect of the

cartel.

(4) When introducing their settlement

submissions the undertakings or associations

of undertakings taking part in settlement

discussions shall confirm to the Director

General that they will only request access to

the file and leave to submit their views

verbally after the receipt of the statement of

objections, if the statement of objections does

not reflect the contents of their settlement

submissions.

(5) The information given pursuant to

subarticle (3) shall be confidential vis-à-vis

third parties, save where the Director General

has given a prior explicit authorization for

disclosure.

(6) Should settlement discussions

progress, the Director General may set a time-

limit within which the parties may commit to

follow the settlement procedure by

introducing settlement submissions reflecting

the results of the settlement discussions and

acknowledging their participation in an

infringement of article 5, and, or Article 101

of the TFEU as well as their liability

Provided that, before the Director

General sets a time-limit to introduce their

settlement submissions, the parties concerned

shall be entitled to have the information

specified in subarticle (3) disclosed to them,

upon request, in a timely manner

Provided further that the Director

General shall not be obliged to take into

account settlement submissions received after

the expiry of that time-limit.

(7) When the statement of objections

notified to the parties reflects the contents of

their settlement submissions, the written reply

to the statement of objections by the

undertakings or association of undertakings

concerned shall, within a time-limit set by the

Director General, confirm that the statement

of objections addressed to them reflects the

contents of their settlement submissions.

(8) Subject to the provisions of

subarticle (7), the Director General may then

proceed to the adoption of a decision pursuant

to article 12A

Provided that the Director General

may reward the undertakings or association of

undertakings concerned for the settlement by

reducing by ten per centum the amount of the

fine to be imposed.

(9) The fact that an undertaking co-

operated with the Director General under this

settlement procedure shall be indicated in the

final decision, so as to explain the reason for

the level of the fine.

(10) The Director General may decide

at any time during the procedure to

discontinue settlement discussions altogether

in a specific case or with respect to one or

more of the parties involved, if he considers

that procedural efficiencies are not likely to be

achieved.

12C. (1)

Where the Director General

Commitments.

intends to adopt a decision requiring that an

infringement be brought to an end and the

undertaking or association of undertakings

concerned offers commitments to meet the

concerns expressed to it by the Director

General in a preliminary assessment of the

case, the Director General may by decision

make those commitments binding on the

undertaking or association of undertakings.

Such decision may be for a specified period

and shall conclude that there are no longer

grounds for action by the Director General

Provided that the Director General

may re-open the proceedings where it results

to him that

(a)

there has been a material

change in any of the facts on which the

decision was based; or

(b)

the

undertaking

or

association of undertakings concerned

acted contrary to its commitments; or

(c)

the decision was based on

incomplete, incorrect or misleading

information provided by the parties.

(2) (a)

Where the Director General

intends to adopt a decision under subarticle

(1), he shall publish a concise summary of the

case and the main contents of the

commitments or of the proposed course of

action.

(b)

Interested third parties may

submit their observations within the time-

limit fixed by the Director General in the

publication.

(c)

The time-limit mentioned

in paragraph (b) may not be less than one

month.

(d)

In

the

publication

mentioned in paragraph (a) the Director

General shall have regard to the legitimate

interest of undertakings in the protection of

business secrets or other confidential

information.

(3) Where

any

undertaking

or

association of undertakings fails to comply

with or acts contrary to a commitment made

binding by a decision pursuant to subarticle

(1), it shall without prejudice to any other

liability under this Act or any other law,

commit an infringement of this Act and the

provisions of article 12A shall mutatis

mutandis apply.

12D.(1) Where it results to the Director

Finding of a

non-

infringement by General following an investigation that the

the Director

examined conduct does not constitute a

General.

breach of the provisions of articles 5 and, or 9

of this Act, and, or Articles 101 and, or 102 of

the TFEU, he may issue a decision to that

effect.

(2) Where the Director General intends

to adopt a decision under subarticle (1), the

provisions of article 12C(2) shall apply

mutatis mutandis.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 131 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 13 of the principal Act shall be amended as Amendment of

article 13 of the

principal Act.

(a)

subarticle (1) thereof shall be substituted by the

following

"On issuing a decision finding an infringement

under article 12A, the Director General may together with

such decision issue a cease and desist order whereby he

orders the undertaking or association of undertakings

concerned, as the case may be, to cease and desist from

participating in such agreement, decision, practice, or

conduct, and, or a compliance order setting behavioural or

structural remedies addressed to the undertaking or

association of undertakings concerned for the purpose of

bringing the infringement to an immediate and effective

end."; and

(b)

subarticle (2) thereof shall be deleted and

subarticles (3) and (4) thereof shall be renumbered as

subarticles (2) and (3) respectively.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 132 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Articles 13A and 14 of the principal Act shall be Substitution of

articles 13A and

substituted by the following articles

14 of the

principal Act.

" Appeals

13A. (1)

The undertaking or association

before the

of undertakings concerned may appeal by

Appeals

application filed before the Appeals Tribunal from

Tribunal.

any infringement decision, cease and desist or

compliance order, administrative fine and, or daily

penalty payment adopted or imposed by the

Director General in accordance with the

provisions of this Act within twenty days of

notification thereof in accordance with article

19(1).

(2) The appeal shall be notified to the

Director General and the Director General shall

file his reply thereto within twenty days from the

date of notification of the appeal.

(3) An appeal filed in accordance with

subarticle (1) shall not have the effect of

suspending the order, administrative fine and, or

daily penalty payment appealed from unless the

Appeals Tribunal, upon a reasoned request by a

party to the appeal, and after considering the

submissions of the Director General, suspends the

order, administrative fine and, or daily penalty

payment under such conditions as it may deem fit,

stating its reasons therefor, pending the final

determination of the appeal.

(4) The Appeals Tribunal may either

confirm in whole or in part or quash the decision

and, or order of the Director General and may

confirm, revoke or vary the administrative fine

and, or daily penalty payment imposed by the

Director General within the limits set in article 21,

taking into account the gravity and duration of the

infringement as well as any aggravating or

attenuating circumstances.

(5) The Director General and any party to an

appeal before the Appeals Tribunal who feels

aggrieved by a decision of the Appeals Tribunal

may appeal on a question of law to the Court of

Appeal by means of an application filed in the

registry of that court within twenty days from the

date of the decision of the Appeals Tribunal.

14. (1)

Complaints are to be received

Handling of

complaints

by the Director General in writing, who shall set

and the right

of appeal.

out the general requirements for information to be

provided by the complainant.

............Provided that the complainant shall

request in his complaint that an investigation be

carried out on the alleged restricted practices.

(2) Where the Director General considers

that on the basis of the information in his

possession there are insufficient grounds for

acting on a complaint, he shall inform the

complainant of his reasons and set a time-limit

within which the complainant may make known

his views in writing. The Director General shall

not be obliged to take into account any further

written submission received after the expiry of

that time-limit.

(3) If the complainant makes known his

views within the time-limit set by the Director

General and the written submissions made by the

complainant do not lead to a different assessment

of the complaint, the Director General shall reject

the complaint by decision.

(4) If the complainant fails to make known

his views within the time-limit set by the Director

General, the complaint shall be deemed to have

been withdrawn.

(5) Where the complainant does not agree

with the decision of the Director General

according to subarticle (3) or with the Director

General’s finding of a non-infringement according

to article 12D, he may appeal by application filed

before the Appeals Tribunal within twenty days of

notification thereof in accordance with article

19(1).

(6) Where,

upon

appeal

by

the

complainant, the Appeals Tribunal does not

uphold the decision of the Director General

rejecting a complaint according to subarticle (3), it

shall inform the Director General accordingly who

shall thereupon commence the investigation.

(7) Where, upon an appeal by the

complainant, the Appeals Tribunal does not agree

with the finding of the Director General of a non-

infringement according to article 12D, and finds

that there is an infringement, it shall issue a

decision accordingly and remit the decision to the

Director General who shall take any measure he

may deem fit in accordance with the provisions of

this Act in respect of the said infringement.

(8) Any party to an appeal before the

Appeals Tribunal, including the Director General,

who feels aggrieved by a decision of the Appeals

Tribunal issued in terms of subarticle (7) may

appeal on a question of law to the Court of

Appeal, by means of an application filed in the

registry of that court within twenty days from the

date of the decision of the Appeals Tribunal, and

the provisions of subarticle (7) shall mutatis

mutandis apply to the Court of Appeal.

(9) Any decision of the Appeals Tribunal

concerning an appeal from a decision of the

Director General under subarticle (3) shall be

final.

(10) An appeal made under this article shall

not have the effect of suspending any decision on

which an appeal is sought.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 133 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Immediately after article 14 of the principal Act there shall

Addition of new

articles

be inserted the following new articles:-

14A,14B and

14C of the

principal Act.

" Complaints

14A. (1)

Without prejudice to article 12,

of general

a qualified entity may also make a complaint to

interest.

the Director General that with respect to particular

goods or services

(a)

the structure of the market

concerned or any aspect of that structure;

(b)

any conduct, whether or not in

the market concerned, of one or more than

one person who supplies or acquires goods

or services in the market concerned; or

(c)

any conduct relating to the

.

market concerned of customers of any

person who supplies or acquires goods or

services,

is or appears to be significantly harming the

interests of consumers.

(2) The Director General must, within

.

ninety days after the day on which he receives the

complaint, publish a response stating how he

proposes to deal with the complaint, and in

particular

(a)

whether he has decided to take

any action, or to take no action, in response

to the complaint; and

(b)

if he has decided to take action,

what action he proposes to take.

(3) The response must state the reasons of

the Director General for his proposals.

(4) The Director General

(a)

shall issue guidance as to the

presentation by the qualified entity of a

reasoned case for the complaint; and

(b)

may issue such other guidance

as appears appropriate for the purposes of

this article.

14B. (1)

The Director General may

Suspension or

termination of

suspend proceedings or reject a complaint in

proceedings.

terms of Article 13 of Council Regulation (EC)

No 1/2003.

(2) Where the Director General rejects or

suspends a complaint pursuant to subarticle (1),

he shall inform the complainant without delay of

the competition authority which is dealing or has

already dealt with the case.

14C. (1)

Where the Director General

Guidance

Letters.

considers it appropriate, he may, following a

request by an undertaking, provide guidance on

novel questions concerning the interpretation of

articles 5 and, or 9 and Articles 101 and, or 102 of

the TFEU in a written statement known as a

"guidance letter".

(2) The Director General shall consider it

appropriate to issue a guidance letter under

subarticle (1) only if the following cumulative

conditions are fulfilled

(a)

the

informal

guidance

requested

is

compatible

with

the

enforcement priorities of the Office;

(b)

the substantive assessment of

an agreement or practice with regard to

articles 5 and, or 9 of this Act and, or

Articles 101 and, or 102 of the TFEU, poses

a question of application of the law for

which there is no clarification in the existing

Maltese and EU legal framework, in

publicly available general guidance, in

judgments or decisions or in previous

guidance letters;

(c)

a prima-facie evaluation of the

facts of the case suggests that clarification of

the novel question through a guidance letter

will be useful, taking into account the

following elements

-

the economic importance

of the goods and services concerned by

the agreement or practice from the

point of view of the consumer, and/or;

-.

.the extent to which the

agreement or practice shall be or is

likely to be resorted to in the relevant

market or in other markets, and/or;

-

the importance of the

investments linked to the transaction in

relation to the size of the companies

concerned and the extent to which the

transaction relates to a structural

operation such as the creation of a non-

full function joint venture; and; an

(d)

it is possible to issue a guidance

letter on the basis of the information

provided and no further fact-finding

measures by the Director General need be

undertaken.

(3) The Director General shall not consider

a request for a guidance letter where

(a)

he is aware that the questions

raised in the request are identical to or

similar to issues raised in a case pending

before a Maltese Court or the Court of

Justice of the European Union; or

(b)

the agreement or practice to

which the request refers is subject to

proceedings pending before the Director

General, the Appeals Tribunal, the European

Commission, and to the extent that he may

be aware, pending before a Maltese Court,

the Court of Justice of the European Union

or another Member State court or a national

competition authority.

(4) The Director General shall not consider

hypothetical questions or issue guidance letters on

agreements or practices that are no longer being

implemented by the applicants

Provided that undertakings may present

a request for a guidance letter to the Director

General in relation to questions raised by an

agreement or practice before its implementation

but following the conclusion of the agreement or

practice or where the undertakings are able to

show to the satisfaction of the Director General

that negotiations have reached a sufficiently

advanced stage for a request to be considered.

(5) A request for a guidance letter shall not

have the effect of preventing the Director General,

where he deems necessary, from initiating an

investigation under this Act with regard to the

facts presented in the request.

(6) The request shall clearly state

-

the identity of all undertakings

concerned or of the association of

undertakings, as well as a single address for

receipt of the guidance letter;

-

the specific questions on which

the guidance is sought;

-

full and exhaustive information

on all points relevant for an informed

evaluation of the questions raised, including

pertinent documentation;

-

detailed reasoning why the

request presents a novel question;

-

all other information that

permits an evaluation of the request in the

light of the conditions mentioned in

subarticles (2) to (4), including in particular,

a declaration that the agreement or practice

to which the request refers is not subject to

proceedings pending before the Court of

Justice of the European Union, a Maltese or

other member state court or before the

European Commission or a national

competition authority;

-

a clear identification of any

business secret or other confidential

information; and

-

any other information or

documentation relevant to the individual

case.

(7) The Director General shall evaluate the

request on the basis of the information provided

and, where available, may use additional

information at his disposal from public sources,

former investigations or any other source and may

ask the applicants to provide supplementary

information

Provided that in using the information

provided by the applicants or such other

additional information, the Director General shall

pay due regard to the protection of business

secrets or other confidential information.

(8) Where the Director General considers

that it is not appropriate to issue a guidance letter

or that a guidance letter cannot be issued under

this article, the Director General shall inform the

applicant accordingly stating the reasons therefor.

(9) Where the Director General has not yet

issued a guidance letter, the applicant may

withdraw its request at any stage

Provided that where the request for a

guidance letter is withdrawn in terms of this

subarticle, the information supplied in the context

of the request for guidance shall remain with the

Director General and may be used in subsequent

proceedings under this Act.

(10) A guidance letter shall set out

-

a summary description of the

facts on which it is based; and

-

the principal legal reasoning

underlying

the

understanding

and

assessment of the Director General on the

novel question relating to articles 5 and, or 9

of this Act, and, or Articles 101 and, or 102

of the TFEU raised in the request

Provided that a guidance letter may be

limited to part of the questions raised in the

request and may also include aspects additional to

those set out in the request.

(11) Guidance letters shall be posted on the

website of the Malta Competition and Consumer

Affairs Authority as established by the Malta

Competition and Consumer Affairs Authority Act,

2011, having regard to the legitimate interest of

undertakings in the protection of business secrets

or other confidential information

Provided that, before issuing a

guidance letter, the Director General shall agree

with the applicants on a public version.

(12) Where an agreement or practice has

formed the factual basis for a guidance letter, the

Director General shall not be precluded from

subsequently examining that same agreement or

practice in a procedure under this Act, and in so

doing, the Director General shall take the

guidance letter into account, subject in particular

to changes in the underlying facts, to any new

aspects raised by a complaint, to developments in

decisions and judgments on the application of

articles 5 and, or 9 of this Act and, or Articles 101

and, or 102 of the TFEU and to changes in the

policies of the Malta Competition and Consumer

Affairs Authority.

(13) Guidance letters are not binding on the

courts or on the Appeals Tribunal, although they

may take them into account should they deem fit.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 134 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 15 of the principal Act shall be substituted by the Substitution of

article 15 of the

following

principal Act.

. " Interim

15. (1)

In cases of urgency due to

measures.

the risk of serious and irreparable damage to

competition, the Director General, acting on

his own initiative, may by decision, on the

basis of a prima facie finding of an

infringement of articles 5 and, or 9 of this Act

and, or Articles 101 and, or 102 of the TFEU,

order interim measures.

(2) A copy of the decision ordering

interim measures in accordance with subarticle

(1) shall be notified to the undertaking or

association of undertakings under investigation

in accordance with article 19(1), and such

decision shall apply for a specified period of

time and may be renewed in so far as this is

necessary and appropriate.

(3) The undertaking or association of

undertakings concerned may appeal from a

decision of the Director General as described

in subarticle (1) by application filed before the

Appeals Tribunal within twenty days from the

date upon which the decision was notified in

accordance with article 19(1), and such appeal

shall not have the effect of suspending the

interim measure unless the Appeals Tribunal,

after hearing the submissions of the

undertaking or association of undertakings

concerned and the Director General, otherwise

directs.

(4) Any decision of the Appeals

Tribunal under this article shall be final.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 135 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

Article 16 of the principal Act shall be deleted.

Deletion of

article 16 of the

principal Act.

(2) Articles 17, 18 and 19 of the principal Act shall be

Substitution of

articles 17, 18

substituted by the following articles

and 19 of the

principal Act.

17. Any undertaking or association of

Non-compliance

with a cease and

undertakings which acts contrary to a cease and

desist order and a

compliance

desist order or a compliance order issued by the

order.

Director General in accordance with article 13

shall, without prejudice to any other liability

under this Act or any other law, commit an

infringement of this Act.

18. Any undertaking or association of

Non-compliance

with an interim

undertakings which acts contrary to an interim

measure.

measure issued by the Director General in

accordance with article 15 shall, without

prejudice to any other liability under this Act or

any other law, commit an infringement of this

Act.

19. (1)

Any decision or order of the

Notification and

Publication.

Director General delivered in accordance with

the provisions of this Act shall be notified to

the parties concerned and to the complainant in

accordance with article 64 of the Malta

Competition and Consumer Affairs Authority

Act, 2011 due regard being had to the

protection of business secrets or other

confidential information.

(2) The Appeals Tribunal and the

Director General shall publish without undue

delay the decisions or orders taken under this

Act and in doing so the Appeals Tribunal and

the Director General shall have regard to the

legitimate interest of the undertakings in the

protection of their business secrets or other

confidential information.

(3) Any decision delivered by the

Appeals Tribunal in proceedings held before it

shall be deemed to be notified to the

undertaking or association of undertakings

concerned on the date on which it is

pronounced.

(4) The Appeals Tribunal shall provide

(a)

both a complete version and

a non-confidential version of its decision

on paper or on any other durable medium

to the Director General; and

(b)

a copy of its decision, upon

request, to the parties to the case,

ensuring in doing so the protection of

business secrets or other confidential

information.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 136 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 21 of the principal Act shall be substituted by the Substitution of

article 21 of the

following

principal Act.

" Administr-

21. (1)

Any

undertaking

or

ative Fines.

association of undertakings which commits an

infringement in terms of articles 12A(6),12C(3),

17 or 18 may, by decision of the Director

General, be held liable to pay an administrative

fine of up to ten per centum of the total turnover

of the undertaking or association of undertakings

concerned in the preceding business year

Provided that where the infringement

of an association relates to the activities of its

members, the fine shall not exceed ten per

centum of the sum of the total turnover of each

member active on the market affected by the

infringement of the association.

(2) (a)

Where an administrative fine

is imposed upon an association of undertakings,

taking account of the annual turnover of its

members, and the association is not solvent, the

association shall be obliged to call for

contributions from its members to cover the

amount of the administrative fine due.

(b)

Where

the

contributions

referred to in paragraph (a) have not been made

to the association within a time-limit fixed by the

Director General, the Director General may

require payment of the administrative fine

directly by any of the undertakings whose

representatives were members of the decision-

making bodies of the association.

(c)

Where the application of

paragraph (b) is not sufficient to ensure the full

payment of the fine, the Director General may

require payment of the balance by any of the

members of the association which were active on

the market on which the infringement occurred.

(d)

The Director General shall not

require payment under paragraphs (b) and (c) of

this subarticle from undertakings which show

that they have not implemented the unlawful

decision of the association and they were not

aware of its existence or had actively distanced

themselves from it before the Director General

started investigating the case.

(e)

The financial liability of each

undertaking in respect to the payment of the fine

shall not exceed ten per centum of its total

turnover in the preceding business year.

(3) In fixing the amount of the fine, the

Director General shall have regard to the gravity

and duration of the infringement and to any

aggravating or attenuating circumstances

Provided that the Director General

may from time to time issue guidelines detailing

the manner in which such fines are set.

(4) (a)

Any

undertaking

or

association of undertakings which fails to

comply with a cease and desist order or a

compliance order pursuant to article 13, or fails

to comply with an interim measure pursuant to

article 15, or fails to comply with a commitment

made binding pursuant to article 12C, or which

fails to supply complete and correct information

pursuant to a request for information under

articles 11A and 12 or fails to submit to an

inspection under article 12 may, at the discretion

of the Director General, be liable to a daily

penalty payment not exceeding five per centum

of the average daily turnover of the undertaking

or association of undertakings concerned in the

preceding business year for each day during

which the undertaking fails to comply with its

obligations.

(b)

The daily penalty payment

referred to in paragraph (a) shall be calculated

from the day determined in the decision of the

Director General.

(c)

Where the undertaking or

association of undertakings concerned complies

with the obligations mentioned in paragraph (a),

the Director General may fix the definitive

amount of the daily penalty payment at a figure

lower than that which would have arisen in terms

of the original decision of the Director General.

(d)

In the application of this

subarticle to an association of undertakings,

subarticle (2) shall apply mutatis mutandis.

(5) Any person who in the course of any

investigation or inquiry conducted under this

Act, or in the course of any proceedings before

the Appeals Tribunal knowingly or recklessly

(a)

gives any false, inaccurate or

misleading information; or

(b)

supplies

incomplete

information; or

(c)

prevents or hinders any

investigation; or

(d)

produces or furnishes, or

causes or knowingly allows to be produced

or furnished, any document or information

which he knows to be false in any

particular material, shall be liable to the

payment of an administrative fine of not

less than one thousand euro (€1,000) and

not more than ten thousand euro (€10,000),

as imposed by the Director General.

(6) Where a person, being a director,

manager, secretary or other similar officer of an

undertaking or association of undertakings fails,

without reasonable cause, to supply information

requested within the time given, such person

shall be liable to the payment of an

administrative fine of up to two thousand and

four hundred euro (€2,400) for each day in

default.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 137 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Immediately after article 21 of the principal Act, there

Addition of new

article 21A of

shall be inserted the following new article

the principal

Act.

" Failure to

21A. Without prejudice to article 13A(1),

pay fines.

failure to pay any administrative fine and, or

daily penalty payment imposed by the Director

General, or by the Appeals Tribunal upon appeal

from an administrative fine and, or daily penalty

payment imposed by the Director General,

within the time limit set shall constitute an

offence against this Act, and any person being a

director, secretary, manager or other similar

officer of the undertaking or association of

undertakings concerned shall, without prejudice

to the liability of the said undertaking or

association of undertakings to pay the

administrative fine and, or penalty payment due,

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

less than one thousand euro (€1,000) and not

more than twenty thousand euro (€20,000).".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 138 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 22A of the principal Act shall be deleted.

Deletion of

article 22A of

the principal

Act.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 139 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 23 of the principal Act shall be substituted by the Amendment of

article 23 of the

following

principal Act.

"23. (1)

Any fine (multa) payable in

respect of the commission of a criminal offence

under this Act shall be recoverable as a civil debt

in favour of the Government by the Director

General, and the undertaking in the economic

interests of which the person so found guilty was

acting shall be liable in solidum with the person

found guilty for the payment of the said fine.

(2) The provisions of the Probation Act

and of article 21 of the Criminal Code shall not

apply with respect to criminal offences

committed under this Act.

(3) Any administrative fine payable to

the Director General under this Act shall be

recoverable as a civil debt by the Director

General and shall constitute an executive title for

all effects and purposes of Title VII of Part I of

Book II of the Code of Organization and Civil

Procedure.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 140 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 26A of the principal Act shall be substituted by the

Substitution of

article 26A of

following

the principal

Act.

" Prescription

26A. (1)

The prescription period for

concerning the

the imposition of administrative fines under

imposition of

article 21 shall be

administrative

fines.

(a)

three years in the case of

infringements of the Act concerning

requests for information or the conduct of

inspections; and

(b)

five years in the case of all

other infringements.

(2) The prescription period begins to

run on the day on which the infringement is

committed. However, in the case of continuing

or repeated infringements, this period shall

begin to run from the day on which the

infringement ceases.

(3) The prescription period for the

imposition of fines shall be interrupted by any

action of the Director General or, in the case of

the application of Articles 101 and 102 of the

TFEU, of the European Commission or of a

competition authority of a Member State with

a view to investigating or instituting

proceedings for the infringement. The

prescription period shall be interrupted with

effect from the date on which the action is

notified to at least one undertaking or

association of undertakings which has

participated in the infringement.

(4) Actions which interrupt the running

of the prescription period shall include in

particular the following

(i)

written

requests

for

information by the Director General, the

European Commission or by a national

competition authority;

(ii)

the issue of a written

authorisation signed by the Director

General or a warrant issued by a

Magistrate under article 12 to conduct an

inspection, or a written authorisation by

the European Commission in terms of

Article 20 of Council Regulation (EC)

No 1/2003, or an equivalent document

issued by a national competition

authority;

(iii)

the

commencement

of

proceedings by the Director General, the

European Commission or by a national

competition authority;

(iv)

the

notification

of

a

statement of objections in accordance

with article 12A or the communication of

a statement of objections by a

competition authority of a Member State;

(v)

the notification of the

invitation by the Director General to

engage in settlement discussions under

article 12B.

(5) The interruption of the prescription

period shall apply to all undertakings and

associations of undertakings which have

participated in the infringement.

(6) The prescription period shall start to

run again from each interruption.

(7) The prescription period for the

imposition of fines shall be suspended for as

long as the decision of the Director General is

the subject of proceedings pending before the

Appeals Tribunal or the Court of Appeal.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 141 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 26B of the principal Act shall be deleted.

Deletion of

article 26B of

the principal

Act.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 142 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 27 of the principal Act shall be substituted by the Substitution of

article 27 of the

following

principal Act.

" Proceedings

27. (1)

Where before any court of

in front of a

civil jurisdiction it is alleged that any

civil court.

agreement or decision is null and

unenforceable in accordance with article 5 of

this Act and, or Article 101 of the TFEU, or

where it is alleged that there is an abuse of a

dominant position in accordance with article 9

of this Act and, or Article 102 of the TFEU,

that court shall stay the proceedings and

request the Director General to submit a report

on the competition questions raised before it

and the court shall take into consideration such

report, and any submissions thereon made by

the parties and the Director General, before

deciding the case

Provided that where the competition

question raised before the court has already

been decided upon under the provisions of this

Act and the decision thereon has become res

judicata, the court shall abide by such

decision.

(2) Where the Director General, on his

own initiative, becomes cognizant of

allegations as mentioned in subarticle (1), in a

civil lawsuit, he shall, by means of an

application, request the court to apply the

procedure referred to in subarticle (1).

(3) For the purposes of drawing up

reports under this article the Director General

may have resort to the investigatory powers

conferred upon him under this Act.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 143 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Immediately after article 27 of the principal Act, there

Addition of new

article 27A to

shall be inserted the following new article

the principal act.

27A. (1) Any person who has suffered

"Right to

damages.

damage as a result of an infringement of articles 5

and, or 9 of this Act and, or Articles 101 and, or

102 of the TFEU may institute an action for

damages before a court of civil jurisdiction.

(2) For the purposes of this article, a

person shall be deemed to have suffered damage

even where that person is not the immediate

customer of the defendant.

(3) The plaintiff shall be entitled to

compensation for actual loss and for loss of profit,

together with interest from the time the damage

occurred until the capital sum awarded is actually

paid.

(4) In establishing the quantum of

damages, the Court shall take into account the

counter factual scenario that would have prevailed

had the infringement not taken place.

(5) An action under this article may be

instituted in the absence of any investigation or

proceedings under this Act or under Council

Regulation (EC) No 1/2003.

Provided that an action under this

article may also be instituted

(a)

where there is a decision under

this Act establishing an infringement of

articles 5 and, or 9 of this Act and, or of

Articles 101 and, or 102 of the TFEU which

has become res judicata;

(b)

where there is a decision of the

European Commission establishing an

infringement of Articles 101 and, or 102 of

the TFEU which has become res judicata;

(c)

pending an investigation or

proceedings under this Act or under Council

Regulation (EC) No 1/2003;

(d)

pending separate proceedings

before a court of civil jurisdiction or

following a decision of such court which has

become res judicata involving the

application of articles 5 and, or 9 of this Act

and, or Articles 101 and, or 102 of the

TFEU.

(6) In the circumstances mentioned in

paragraphs (a) and (b) of the proviso to subarticle

(5), the court shall be bound by the finding of an

infringement in the decision.

(7) The defendant may not plead lack of

intention, negligence or lack of fault on his part as

a defence in a claim for damages under subarticle

(1)

Provided that the defendant may

demonstrate that the infringement was the result

of a genuinely excusable error. For the purposes of

this proviso, an error would be excusable if a

reasonable person applying a high standard of care

could not have been aware that the conduct

restricted competition.

(8) The defendant may raise as a defence

the fact that the plaintiff passed on the damage

initially suffered by him on to his customers.

(9) (a)

The action under this article

shall be barred by the lapse of two years

commencing from the day the injured party

became aware or should reasonably have become

aware of the damage, the infringement and the

identity of the undertaking or association of

undertakings responsible for the infringement.

(b)

The period mentioned in

paragraph (a) shall be suspended if infringement

proceedings are initiated by the Director General

under this Act or by the European Commission

under Council Regulation (EC) No 1/2003 or

where separate proceedings have been instituted

before a court of civil jurisdiction as referred to in

paragraph (d) of the proviso to subarticle (5) until

any such proceedings are terminated by a decision

which has become res judicata.

(10) (a)

The provisions of this article

shall prevail over anything to the contrary

contained in the Civil Code.

(b)

The right to file an action under

subarticle (1) shall not affect the right to bring any

other proceedings in respect of the same

infringement under this Act, or any regulations

made thereunder or any other law.

(c)

Subarticle (1) shall only apply

to claims relating to infringements occurring after

the coming into force of this article.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 144 Amendment of article 29 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In article 29 of the principal Act, for the words "disclose

information in his possession to authorities outside Malta having

responsibility in competition matters and who are restricted in

divulging such information in an analogous manner and purpose to

that of the Director under this Act." there shall be substituted the

words "disclose information in his possession to authorities having

responsibility in competition matters in countries which are not

Member States provided that they are restricted in divulging such

information in an analogous manner and purpose to that of the

Director under this Act.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 145 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In article 28 of the principal Act, for the words "or the Amendment of

Commission in respect of the exercise of their functions under this article

principal Act.

Act" shall be substituted by the words "in respect of the exercise of

his functions under this Act".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 146 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Immediately after article 29 of the principal Act, there Addition of new

article 29A to

shall be inserted the following new article

the principal

Act.

" Co-operation

29A. The Director General shall

under Regulation

cooperate with the European Commission and

1/2003.

National Competition Authorities in terms of

Council Regulation (EC) No. 1/2003.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 147 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 31 of the principal Act shall be substituted by the Amendment of

article 31 of the

following

principal Act.

"No action shall lie against any member of the Appeals

Tribunal, the Director General, or any of his officers or any

authorised person acting under his direction or control for any

act or omission in connection with this Act, or any regulations

made thereunder, done or omitted by him unless such act or

omission were done in bad faith.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 148 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The words "concentrative joint ventures" in article 32 of Amendment of

the principal Act, shall be substituted by the words "full function joint article

principal Act.

ventures".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 149 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1) Subarticle (2) of article 33 of the principal Act shall be Amendment of

article 33 of the

amended as follows

principal Act.

"(2) The Minister, after consultation with the Board, may make

regulations

(a)

prescribing the procedure to be followed by the

office in joint investigations, co-operation and exchange of

information with other national competition authorities;

(b)

prescribing the procedure for co-operation between

the Appeals Tribunal, the European Commission, the national

courts and national competition authorities; and

(c)

providing for the power to waive or reduce the

applicable fine in cartel investigations.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 150 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The Schedule of the principal Act shall be deleted.

Deletion of the

Schedule of the

principal Act.

PART XVI

AMENDMENT TO THE PUBLIC ADMINISTRATION ACT

(CAP. 497.)

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 151 Amendment to the Public Administration Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

This Part amends the Public Administration Act, and it

shall be read and construed as one with the Public Administration

Act, hereinafter in this Part referred to as the "principal Act".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 152 Amendment of Part 1 of the Second Schedule of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The reference to "Consumer and Competition Division" in

Part 1 of the Second Schedule of the principal Act shall be deleted.

PART XVII

REPEAL OF THE MALTA STANDARDS AUTHORITY ACT

(CAP. 419.)

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 153 Repeal of Malta Standards Authority Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1)

This Part repeals the Malta Standards Authority

Act, hereinafter in this Part referred to as "the principal Act".

(2) The principal Act is hereby repealed, without prejudice to

anything lawfully done or omitted to be done thereunder.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 154 Saving subsidiary legislation under the Malta Standards Authority Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Subsidiary legislation 419.01, 419.02, 419.05, 419.06,

419.07, and 419.08 made under the Malta Standards Authority Act

are to remain in force as if made under the Malta Competition and

Consumer Affairs Authority Act, 2011.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 155 References to the Malta Standards Authority. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Wherever in any law there is a reference to the Malta

Standards Authority, it shall be construed as a reference, as the case

may be, to the Technical Regulations Division and, or the Standards

and Metrology Institute, as established under the provisions of this

Act.

PART XVIII

AMENDMENTS TO THE PRODUCT SAFETY ACT

(CAP. 427.)

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 156 Amendment to the Product Safety Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

This Part amends the Product Safety Act, and it shall be

read and construed as one with the Product Safety Act, hereinafter in

this Part referred to as "the principal Act".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 157 Amendment of article 2 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 2 of the principal Act shall be amended as follows

(a)

the definition "Director" shall be substituted by the

following

" "Director General" means Director General

(Technical Regulations) as appointed by article 19 of the

Malta Competition and Consumer Affairs Authority Act,

2011;"

and wherever the word "Director" occurs in the principal Act it

shall be substituted by the word "Director General";

(b)

the definition "standard" shall be substituted by the

following

" "standard" shall have the same meaning as

assigned to it in the Malta Competition and Consumer

Affairs Authority Act, 2011;"; and

(c)

immediately after the definition "standard" there

shall be inserted the following new definition

" "Technical Regulations Division" means the

Technical Regulations Division, as established by article

19 of the Malta Competition and Consumer Affairs

Authority, 2011;".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 158 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The words "Malta Standards Authority Act" in article 9(2) Amendment of

of the principal Act shall be substituted by the words "Malta article

principal Act.

Competition and Consumer Affairs Authority Act, 2011".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 159 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 27 of the principal Act shall be amended as Amendment of

article 27 of the

follows

principal Act.

(a)

the words "Functions of the Malta Standards

Authority" in the marginal note thereof shall be substituted by

the words "Responsibilities of the Technical Regulations

Division"; and

(b)

the words "Malta Standards Authority" in article 27

thereof shall be substituted by the word "Technical Regulations

Division".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 160 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 28 of the principal Act shall be amended as Amendment of

article 28 of the

follows

principal Act.

(a)

the words "with the concurrence of the head of the

Regulatory Affairs Directorate established under the Malta

Standards Authority Act or such other head of any Directorate

as the Minister may by Order designate in his stead" in

subarticle (1) of article 28 thereof shall be deleted; and

(b)

the words "and the exemption from liability under

the said subsection (3) shall extend to the Director of Market

Surveillance" in subarticle (3) of article 28 thereof shall be

deleted.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 161 Amendment of article 38 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The words "Malta Standards Authority" in article 38 of the

principal Act shall be substituted by the words "Director General

(Technical Regulations)".

PART XIX

AMENDMENTS TO THE METROLOGY ACT

(CAP. 454.)

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 162 Amendment to the Metrology Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

This Part amends the Metrology Act, and it shall be read

and construed as one with the Metrology Act, hereinafter in this Part

referred to as "the principal Act".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 163 Amendment of article 2 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 2 of the principal Act shall be amended as follows

(a)

the definition "Authority" shall be substituted by

the following

" "Authority" means the Malta Competition and

Consumer Affairs Authority as established by the Malta

Competition and Consumer Affairs Authority Act, 2011;";

(b)

the definition "Directorate" shall be deleted and

wherever the word "Directorate" occurs in the principal Act it

shall be substituted by the word "Institute";

(c)

the definition "Head" shall be substituted by the

following

" "Director General" means the person appointed as

Director General (Standards and Metrology) by article 21

of the Malta Competition and Consumer Affairs Authority

Act, 2011;" and wherever the word "Head" occurs in the

principal Act it shall be substituted by the word "Director

General";

(d)

immediately after the definition "inspector" there

shall be inserted the following new definition

" "Institute" means the Standards and Metrology

Institute as established by article 21 of the Malta

Competition and Consumer Affairs Authority Act, 2011;"

and

(e)

the definition "Minister" shall be substituted as

follows

" "Minister" means the Minister responsible for

standards and metrology and includes, to the extent of the

authority given, any person authorised by the Minister to

act in that behalf for any purpose of this Act;".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 164 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

(1) The marginal note to subarticle (1) of article 3 of the Substitution of

principal Act, "The Metrology Directorate. Cap. 419." shall be article

principal Act.

deleted.

(2) Subarticle (1) of article 3 of the principal Act shall be

substituted as follows

"The Director General (Standards and Metrology), as

appointed by the Malta Competition and Consumer Affairs

Authority Act, 2011, shall have the responsibilities as may be

assigned to him by this Act, by the Malta Competition and

Consumer Affairs Authority Act, 2011 and by any other law.".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 165 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 20 of the principal Act shall be amended as Amendment of

article 20 of the

follows

principal Act.

(a)

the words "article 5 of the Malta Standards

Authority Act" shall be substituted by the words "article 48 of

the Malta Competition and Consumer Affairs Authority Act,

2011"; and

(b)

the words "Cap. 419." in the marginal note thereof

shall be deleted.

PART XX

AMENDMENT TO THE ADMINISTRATIVE JUSTICE ACT

(CAP. 490.)

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 166 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

This Part amends the Administrative Justice Act, and it Amendment to

shall be read and construed as one with the Administrative Justice the

Administrative

Act, hereinafter in this Part referred to as "the principal Act".

Justice Act.

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 167 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The words "379 Competition Act 4 Commission for Fair Deletion of

Trading" in Part A of the First Schedule of the principal Act shall be items

First Schedule

deleted.

of the principal

Act.

PART XXI

AMENDMENTS TO THE DOORSTEP CONTRACTS ACT

(CAP. 317.)

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 168 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

This Part amends the Doorstep Contracts Act and it shall Amendment to

be read and construed as one with the Doorstep Contracts Act, the

Contracts Act.

hereinafter in this Part referred to as "the principal Act".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 169 Amendment of article 2 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In article 2 of the principal Act the definition "Director"

shall be substituted by the following

" "Director General (Consumer Affairs)" means the

Director General as appointed by article 16 of the Malta

Competition and Consumer Affairs Authority Act, 2011;" and

wherever the word "Director" appears it shall be substituted by

the word "Director General (Consumer Affairs)".

PART XXII

AMENDMENTS TO THE TRADE DESCRIPTIONS ACT

(CAP. 313.)

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 170 Amendment to the Trade Descriptions Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

This Part amends the Trade Descriptions Act and it shall be

read and construed as one with the Trade Descriptions Act,

hereinafter in this Part referred to as "the principal Act".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 171 Amendment of article 2 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 2 of the principal Act shall be amended as follows:-

(a)

the definition "conformity

mark"

shall

be

substituted by the following

" "conformity mark" shall have the same meaning

assigned to it in article 2 of the Malta Competition and

Consumer Affairs Authority Act, 2011;"; and

(b)

immediately after the definition "Minister" there

shall be inserted the following new definition;

""Office" means the Office for Consumer Affairs

as established by article 16 of the Malta Competition and

Consumer Affairs Authority Act, 2011;".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 172 Amendment of article 22 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

The words "Department of Consumer Affairs" in subarticle

(1) of article 22 of the principal Act shall be substituted by the word

"Office".

PART XXIII

AMENDMENTS TO THE FOOD SAFETY ACT

(CAP. 449.)

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 173 Amendment to the Food Safety Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

This Part amends the Food Safety Act, and it shall be read

and construed as one with the Food Safety Act, hereinafter in this Part

referred to as "the principal Act".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 174 Amendment of article 5 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 5(1) of the principal Act shall be amended as

follows

(a)

paragraph (d) thereof shall be substituted by the

following

"(d) the senior officer operationally responsible for

foodstuffs within the Malta Competition and Consumer

Affairs Authority, designated by the Director General

(Technical Regulations);" and

(b)

paragraph (e) thereof shall be substituted by the

following

"(e) the senior officer operationally responsible for

consumer affairs within the Malta Competition and

Consumer Affairs Authority, designated by the Director

General (Consumer Affairs);".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 175 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 7A of the principal Act shall be amended as Amendment of

article 7A of the

follows

principal Act.

(a)

the words "Authority" in the marginal note thereof

shall be substituted by the words "Director General (Technical

Regulations)";

(b)

the words "Malta Standards Authority as

established by article 3 of the Malta Standards Authority Act" in

subarticle (1) thereof shall be substituted by the words "Director

General (Technical Regulations)"; and

(c)

the words "Malta Standards Authority" in

subarticles (2), (3) and (4) thereof shall be substituted by the

words "Director General (Technical Regulations)".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 176 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In subarticle (1) of article 9 of the principal Act, for the Amendment of

words "the head of the Market Surveillance Directorate of the Malta article

principal Act.

Standards Authority established under the Malta Standards Authority

Act or such other head of any Directorate as the Minister may by

Order designate in his stead" there shall be substituted the words

"Director General (Technical Regulations) as appointed by article 19

of the Malta Competition and Consumer Affairs Authority Act,

2011".

PART XXIV

AMENDMENTS TO THE PESTICIDES CONTROL ACT

(CAP. 430.)

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 177 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

This Part amends the Pesticides Control Act, and it shall be Amendment to

read and construed as one with the Pesticides Control Act, hereinafter the

Control Act.

in this Part referred to as "the principal Act".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 178 Amendment of article 2 of the principal Act. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

Article 2 of the principal Act shall be amended as follows

(a)

the definition "the Authority" shall be substituted

by the following

" "the Authority" means the Malta Competition and

Consumer Affairs Authority as established by article 3 of

the Malta Competition and Consumer Affairs Authority

Act, 2011;" and

(b)

in the definition "Director" the words "head of the

Regulatory Affairs Directorate established under the Malta

Standards Authority Act or such other head of any Directorate

as the Minister may by Order designate in his stead" shall be

substituted by the words "Director General (Technical

Regulations) as appointed by article 19 of the Malta

Competition and Consumer Affairs Authority Act, 2011".

PART XXV

AMENDMENT TO THE CODE OF

ORGANIZATION AND CIVIL PROCEDURE

(CAP. 12.)

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 179 Amendment to the Code of Organization and Civil Procedure. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

This Part amends the Code of Organization and Civil

Procedure, and it shall be read and construed as one with the Code of

Organization and Civil Procedure, hereinafter in this Part referred to

as "the Code".

Malta Government Gazette — Act 2011 6 — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur
Art. 180 Amendment of article 253 of the Code. — VI tal-2011 - Att tal-2011 dwar l-Awtorità ta’ Malta għall-Kompetizzjoni u għall-Affarijiet tal-Konsumatur Open official source

In article 253 of the Code, there shall be inserted the

following new paragraph

"(f)

decisions of the Consumer Claims Tribunal.".

Need to analyze how this provision applies to your matter?

Cross-reference this statute against case law, commentaries, and related legislative provisions inside Legislator AI.

Open in Legislator →