ACT No. XXVI of 2020 An ACT to make provision for the encouragement, promotion, registration and regulation of craftspersons, crafts entrepreneurs and crafts, in particular crafts forming part of Malta’s historical heritage, to establish the Office of the Registrar and to provide for matters

I assent.

(L.S.)

GEORGE VELLA

President

5th June, 2020

ACT No. XXVI of 2020

An ACT to make provision for the encouragement, promotion,

registration and regulation of craftspersons, crafts entrepreneurs and

crafts, in particular crafts forming part of Malta’s historical heritage,

to establish the Office of the Registrar and to provide for matters

ancillary to or connected therewith.

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

consent of the House of Representatives, in this present Parliament

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

(1)

The short title of this Act is the Malta Crafts Act, 2020.

Short title and

commencement.

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

responsible for the promotion and sustainability of the crafts sector

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

appointed for different provisions or different purposes of this Act.

In this Act, unless the context otherwise requires:-

Interpretation.

"craft" means an art, skill or trade declared by the Minister

to be a craft under article 3 which is practised by a person or

persons in the manufacture of craft products made by

craftspersons;

"craft products" include products made completely by

hand or with the help of hand tools or even mechanical means, as

long as the direct manual contribution of the craftsperson

remains the most substantial component of the finished product

and for the purpose of this Act refers to crafts made in Malta;

"crafts entrepreneur" means a person who by way of trade

predominantly deals in craft products made in Malta;

"craftsperson" means a person who practices a craft in

Malta and earns his living by or supplements his income by that

craft or who proves that he possesses the ability to produce craft

products and for the purpose of this Act shall be a citizen of Malta

or a European Union national who has formal residence in Malta

or any other person who hails from any other country who has the

necessary permits issued by the relevant authorities to have a

permanent residence in Malta and to work in Malta in the crafts

sector;

"crafts villages" means the Ta’ Qali Crafts Village and the

Ta’ Dbieġi Crafts Village and any other villages or areas which

the Minister may prescribe by regulations;

"Minister" means the Minister responsible for the

promotion and sustainability of the crafts sector;

"Office" means the Office of the Registrar of Crafts,

Craftspersons and Crafts Entrepreneurs established under article

5;

"Registrar" means the Registrar of Crafts made in Malta,

Craftspersons and Crafts Entrepreneurs selling such crafts

established under article 4;

"traditional" means using to significant extent a

combination of the same or similar materials and customary

techniques, know-how, skills and practices that were developed

and passed on locally from generation to generation.

The Minister, after consultation with the Office may by order

under this Act, declare an art, skill or trade to be a craft for the

purposes of this Act and may by similar order amend, revoke or

substitute an order so made.

There shall be an Office of the Registrar of Crafts,

Craftspersons and Crafts Entrepreneurs which shall be the public

entity designated with the responsibilities outlined in article 5

hereunder.

The Office shall have the following functions

Functions of the

Office.

(a) to maintain a register of crafts, craftspersons and

crafts entrepreneurs that shall be registered according to criteria

which may be prescribed from time to time

Provided that when creating such register, there shall

be consideration of the craftspersons and crafts entrepreneurs

previously registered under the Malta Crafts Council Act and Cap. 421.

determination as to who of these are to be automatically

registered, who shall no longer be deemed as registered and who

will be asked to apply again for registration

Provided further that the Office can create different

categories of registration in relation to the crafts sector;

(b) to affect possible expulsions and deregistration of

registered craftspersons who infringe this Act;

(c) to establish and maintain a voluntary certification

system of craft products which are in compliance with the

definition of craft provided in this Act;

(d) to enforce specific regulations in relation to the

Crafts Register and events organised by the Registrar, including

any enforceable sanctions which would result if such regulations

are not adhered to by a registered craft person or craft persons;

(e) to co-operate with the Malta Crafts Foundation and

explore ways to jointly undertake initiatives to the benefit of

local craftspersons;

(f) to keep abreast with European and international

developments in the field of crafts and to participate in the

relevant fora as necessary;

(g) to report to the appropriate authorities, possible

infringements which are brought to its attention and to

commission investigations, surveillance and inspections in

relation to the authenticity of craft products;

(h) to take and propose actions aimed at raising the

standard and profile of the craft sector in Malta;

(i) to contribute as necessary to the drawing up of

legislation and in the formulation of a national policy on crafts;

(j)

to make contact and keep a compendium of Maltese

living abroad who manufacture traditional Maltese handicrafts for

the purpose of keeping records of these Maltese handicrafts and

their method of manufacture; and

(k) to undertake other tasks which may be required in

relation to the crafts sector.

The Registrar shall submit to the Minister an annual report of

the activities for the preceding year.

The Registrar shall ensure that craftspersons be consulted

regularly on sectoral, thematic or general matters directly or through

consultation meetings, conferences and, or workshops.

The Minister shall provide the Registrar with such resources

and facilities as in his opinion may be required for the proper

performance of his functions.

The Minister may make regulations for the better carrying out

of the provisions of this Act and may in particular by such

regulations:-

(a) regulate the registration of craftspersons and crafts

entrepreneurs in the crafts sector provided that the registration of

craftspersons shall include both hobbyist and professional

artisans of contemporary and traditional crafts;

(b) provide for a system under the supervision of the

Registrar for the certification of the genuineness of craft

products and the materials used in their production;

(c) establish any qualifications that registered

craftspersons producing craft products are to possess;

(d) provide for the certification

of

registered

craftspersons producing craft products;

(e) generally to regulate the activities of craftspersons

and crafts entrepreneurs;

(f) establish rules concerning indication of origin and

geographical indications insofar as crafts products are

concerned;

(g) establish sanctions, administrative fines

and

procedure for appeals from such sanctions and fines;

(h) encourage the sustainable use of products and

materials and of eco-friendly processes;

(i) designate areas as crafts villages whilst respecting

development regulations and other regulations as applicable;

(j)

designate public areas other than crafts villages for

the holding of crafts markets and similar activities related to

crafts; and

(k) prescribe any other matters that in accordance with

this Act are to be prescribed.

(1) The Malta Crafts Council Act, hereinafter referred to as Repeal and

"the repealed Act", is hereby repealed, and any references in any law savings.

to the repealed Act shall be construed as references to this Act.

(2)

Notwithstanding the provisions of sub-article (1)

(a) the repealed Act shall remain in force for the purpose

of any act, decision, action or proceedings taken in respect of any

breach of the repealed Act that occurred or were instituted prior

to the coming into force of this Act;

(b) any subsidiary legislation made under the provisions

of the repealed Act shall, until other provision is made under or

by virtue of this Act, continue in force and have effect as if it was

made under this Act; and

(c) the Office shall assume the legal personality

previously vested in the Malta Crafts Council and shall assume

responsibility for all assets, liabilities and obligations previously

entered into by the Malta Crafts Council or by other bodies on its

behalf.

Passed by the House of Representatives at Sitting No. 337 of the 1st

June, 2020.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0 .72