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

The short title of this Act is the Malta Competition and

Consumer Affairs Authority Act.

(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 COMPETITION AND CONSUMER

AFFAIRS AUTHORITY ACT

In this Act, unless the context otherwise requires:-

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

"competent authority" in terms of article 2 of the Mutual

Recognition 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);

"Civil Court" means the Civil Court (Commercial Section)

established by article 3 of the Civil Court (Establishment of

Sections) Order.

"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;

*See Legal Notice 270 of 2021.

†See Legal Notice 338 of 2021.

‡See Legal Notice 339 of 2021.

§See sub-article (2) of article 1 as originally promulgated, and Legal Notice 190 of

2011. "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"

m e a n s a n a s s o c i a t i on r e g i s t e r e d i n t e r m s o f P a r t I V o f t h e

Consumer 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;

" e n t i t i e s " m e a n s t h e O ff i c e f o r C o m p e t i t i o n , O ff i c e f o r

Consumer Affairs, Technical Regu lati ons Div ision and th e

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;

"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

(ARTICLE 37)

RULES OF PROCEDURE RELATIVE TO THE COMPETITION AND

CONSUMER APPEALS TRIBUNAL

Deleted by XVI.2019.68.

MALTA COMPETITION AND CONSUMER

AFFAIRS AUTHORITY ACT

(1) There shall be a body to be known as the Malta

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

Governors, the Co-ordination Committee and the four respective

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.

Substituted by

(ARTICLE 18)

XVI.2019.69;

LIST OF EU LEGISLATIVE ACTS FOR THE PURPOSES OF

XLIV.2021.22.

WHICH THE OFFICE FOR CONSUMER AFFAIRS IS THE

NATIONAL COMPETENT AUTHORITY

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

contracts.

2. 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.

3. 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.

4. 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.

5. 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 (Unfair Commercial Practices

Directive).

6. 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.

7. Directive 2011/83/EU of the European Parliament and of the Council of 25

October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive

1999/44/EC of the European Parliament and of the Council and repealing Council

Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the

Council.

8. Directive 2006/114/EC of the European Parliament and of the Council of 12

December 2006 concerning misleading and comparative advertising (only with regard to

Articles 1, 2c, 4 to 8 thereof).

9. Regulation (EU) No. 181/2011 of the European Parliament and of the Council

of 16 February 2011 concerning the rights of passengers in bus and coach transport and

amending Regulation (EC) No. 2006/2004.

10. Regulation (EU) No. 1177/2010 of the European Parliament and of the

Council of 24 November 2010 concerning the rights of passengers when travelling by

MALTA COMPETITION AND CONSUMER

AFFAIRS AUTHORITY ACT

sea and inland waterway and amending Regulation (EC) 2006/2004.

11. Directive 2006/123/EC of the European Parliament and of the Council of 12

December 2006 on services in the internal market (with regard to Article 20 thereof).

12. Regulation (EC) No. 1008/2008 of the European Parliament and of the

Council of 24 September 2008 on common rules for the operation of air services in the

Community (with regard to Articles 23 and 24 thereof).

13. Directive 2011/83/EU of the European Parliament and of the Council of 25

October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive

1999/44/EC of the European Parliament and of the Council and repealing Council

Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the

Council.

14. Regulation (EU) No. 524/2013 of the European Parliament and of the Council

of 21 May 2013 on online dispute resolution for consumer disputes and amending

Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer

ODR).

15. Directive 2014/17/EU of the European Parliament and of the Council of 4

February 2014 on credit agreements for consumers relating to residential immovable

property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU)

No. 1093/2010 (with regard to Articles 10, 11, 13, 14, 15, 16, 17, 18, 21, 22, 23,

Chapter 10 and Annexes I and II thereof).

(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.

Amended by

XXX. 2015.8.

(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

offer assistance to consumers, 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 of

following disputes lodged by consumers against traders, of proposing

solutions or bringing the parties together with the aim of facilitating an

amicable solution. This Directorate shall in the effective handling and

resolution of any such disputes act independently from the parties involved

and from any other persons.

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.

(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.

(1) The Board shall appoint one of the Authority’s officers

as the Internal Auditor, who shall

(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.

(1) The four entities established in Parts IV to VII, shall

have the responsibilities provided for under this Act, the

Competition Act, the Consumer Affairs Act, the Product Safety

Act, 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 sub-article (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

im pl em ent t he po lic ies set by the Board and g ive effect to

MALTA COMPETITION AND CONSUMER

AFFAIRS AUTHORITY ACT

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

There shall be established a Board of Governors within the

Authority.

(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 Inġiniera 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 paragraph (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

Authority to act as secretary for such period as it shall

deem 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

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

person:-

(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 sub-article (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.

(1) Subject to any other provisions of this Act, the Board

may regulate its own procedure.

(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.

(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.

(1) It shall be the Minister’s function to ensure that the

Authority is fully informed of Government policies relative to

consumer and competition matters, standards, metrology and

technical regulations and to monitor the proper execution of such

policies.

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

Affairs Act, the Competition Act, the Product Safety Act, the

Metrology Act, the Food Safety Act, the Pesticides Control Act, the

Goldsmiths and Silvermiths Act and any other Act or regulations

administered by the Authority, the Authority shall be under the

general direction and control of the 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, the Goldsmiths and Silvermiths

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) Sub-articles (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

ot h e r l a w o r r e g u l a t i o n s w i t h r e s pe c t t o t h e p r i o r i t i s a ti o n ,

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 of 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

30 of the Public Administration Act shall mutatis mutandis apply.

(8) Article 28 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, the Goldsmiths and

Silvermiths Act and any other Act or regulations administered by

the Authority.

PART IV

ESTABLISHMENT OF THE OFFICE FOR

COMPETITION

(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.

(3)

The Office for Competition shall have a sufficient number

of qualified staff and sufficient financial, technical and technological

resources that are necessary for the effective performance of their

duties, and for the exercise of their powers for the application of

articles 5 and, or 9 of the Competition Act and, or Articles 101 and, or

102 of the TFEU.

(4) Without prejudice to national budgetary rules and procedures,

the Office for Competition shall be granted independence in the

spending of the allocated budget for the purpose of carrying out its

duties as set out in article 14 of this Act, the Competition Act and any

regulations made thereunder.

(a)The Director General, his officers working at the Office

for Competition and any other person assisting the Office for

Competition shall

(i)perform their duties and exercise their powers for the

application of articles 5 and, or 9 of the Competition

Act and, or Articles 101 and, or 102 of the TFEU, and

any other responsibility vested in the Office for

Competition as emanating from this Act, the

Competition Act or any other regulation made

thereunder, impartially and in the interests of the

effective and uniform application of Articles 101 and, or

102 of the TFEU and independently from political and

other external influence;

(ii)neither seek nor take any instructions from Government

or any other public or private entity when carrying out

their duties and exercising their powers for the

application of articles 5 and, or 9 of the Competition

Act and, or Articles 101 and, or 102 of the TFEU,

without prejudice to the right of the Government, where

applicable, to issue general policy rules that are not

related to sector inquiries or specific investigations of

the Office for Competition;

(iii)refrain from taking any action which is incompatible

with the performance of their duties and, or with the

exercise of their powers for the application of article 5

and, or article 9 of the Competition Act and, or Articles

101 and, or 102 of the TFEU and are subject to

procedures that ensure that, for a reasonable period of

time after leaving office, they refrain from dealing with

cases which are, or were before the Office for

Competition, that could give rise to conflicts of interest

as provided in article 46 of this Act.

(b) Any person who takes decisions at the Office for

Competition exercising the powers contemplated in the

Competition Act or under any regulations made thereunder shall

not be dismissed from the Office for Competition for reasons

relating to the proper performance of their duties, or to the proper

exercise of their powers for the application of articles 5 and, or 9 of

the Competition Act and, or Articles 101 and, or 102 of the TFEU

Provided that the person may be dismissed only if he no

longer fulfills the conditions required for the performance of his

duties, or if he has been found guilty of serious misconduct under

national law, which includes the following

(i)

if the person fails to perform his duties

impartially and independently, in relation to the application of

articles 5 and, or 9 of the Competition Act and, or Articles 101

and, or 102 of the TFEU, or of any duties in relation to his

Office emanating under this Act, the Competition Act and any

regulation made thereunder;

(ii) if the person has been found guilty by a

competent court of a criminal offence under article 28 of this

Act;

(iii) if the person has been convicted of a criminal

offence affecting public trust, or of theft or fraud.

(1) The responsibilities of the Office for Competition shall

be the following:-

(a) to investigate restrictive practices which allegedly distort

or restrict competition and to act as an official party in

proceedings instituted by the Director General and in

such manner he shall enjoy the same rights which pertain

to his counter-party in court proceedings, before the Civil

Court under the Competition Act and in case when there

is an appeal from judgements of the Civil Court delivered

under the Competition Act, before the Court of Appeal;

(b) to examine and control concentrations between

undertakings in terms of their effect on the structure of

competition on the market;

(c) to act together with the Civil Court, as the national

competition authority in Malta as designated by virtue

of article 35(1) of Council Regulation (EC) No. 1/

2003

Provided that for the purposes of this sub-article, the

competent competition authority with regard to the

application of Articles 101 and 102 of the TFEU,

pursuant to Council Regulation (EC) No. 1/2003 on

the implementation of the rules on competition laid

down in Articles 81 and 82 of the Treaty, OJ L1 of 04/

01/2003, p.1 (Regulation 1/2003) shall be

(a)

the Civil Court for the adoption of decisions and

imposition of penalties and other remedies; and

(b)

the Office for Competition for investigating and

instituting proceedings before the Civil Court;

MALTA COMPETITION AND CONSUMER

AFFAIRS AUTHORITY ACT

(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 to

promote sound trading practices and to promote public

awareness of articles 5 and 9 of the Competition Act and

Articles 101 and 102 of the TFEU;

(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 co-operate closely in the European Competition

Network with a view to ensuring the effective and

uniform application of Articles 101 and 102 of the TFEU

and 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 sub-

article (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.

(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

Provided that the Office for Competition may reject

complaints on the grounds that it does not consider such

complaints to be an enforcement priority.

(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

(1) There shall be established an office to be designated as

the Office for Consumer Affairs within the Authority which shall

be headed by the Director General (Consumer 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.

(1) The responsibilities of the Office for Consumer Affairs

shall be the following

(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

MALTA COMPETITION AND CONSUMER

AFFAIRS AUTHORITY ACT

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 paragraphs

(i) and (j) and 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.

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

Consumer Affairs shall be the national competent authority in

respect 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

(1) There shall be established a division within the

Authority to be designated as Technical Regulations Division

w h i c h sh a l l b e h e a d e d b y t h e D i r e c t o r G e n e r a l ( Te c h n i c a l

Regulations).

(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.

(1) The responsibilities of the Technical Regulations

Division shall be the following

(a) to draft legislation in relation to its areas of

competence and issued by virtue of article 38 of the

Product Safety 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

and by any other law, and the technical, quality and

safety requirements of harmonised European and

international standards;

MALTA COMPETITION AND CONSUMER

AFFAIRS AUTHORITY ACT

(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 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 and any other Act and

regulations made thereunder; and

(p) to monitor the implementation of legislation under 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

(1) There shall be established an institute within the

Authority to be designated as the Standards and Metrology

Institute, which shall be headed by the Director General (Standards

and 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.

(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;

MALTA COMPETITION AND CONSUMER

AFFAIRS AUTHORITY ACT

(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

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;

(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;

and

(y) to generally exercise the responsibilities assigned to it

under the Goldsmiths and Silversmiths 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.

(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.

(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

a nd M e tr o lo gy I n s ti t ut e shal l i n r e ga rd t o an y s u c h p e r mi t

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 sub-

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

product and, or, service to which it refers.

Officers authorized in writing to that effect by the

Standards and Metrology Institute shall at all reasonable times have

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

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

manufactured or processed, and they shall be entitled to inspect

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

the manner prescribed by the Minister.

PART VIII

ACQUISITION AND PROVISION OF INFORMATION

In this Part, unless otherwise specified, any reference to

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

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)".

(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 sub-article (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.

(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 sub-

article (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).

(1)Any person, undertaking or association of undertakings

or any other body which submits information or comments in one

of the situations listed hereunder or subsequently 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) a complainant lodging a complaint under the

Competition Act or under the Consumer Affairs Act;

(b) 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;

(c) an addressee of objections made under the Control of

Concentrations Regulations making known his views

on the objection;

(d) the addressee of an invitation by the Director General

to engage in settlement discussions under article 12B

of the Competition Act;

(e) the addressee of an invitation by the Director General

to engage in commitments discussions under article

12A of the Consumer Affairs Act;

(f)

any person making a reasonable allegation in writing

according to article 12(1) of the Consumer Affairs Act.

(2) Without prejudice to sub-article (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 decision adopted by the Director General

(Competition) under article 17 of the Competition Act, or in the case

of any information or material published in terms of article 19 of the

said Competition Act, or in the case of objections or a decision under

the Control of Concentrations Regulations, or in any other case

where the Director General considers it necessary, the persons,

undertakings and associations of undertakings concerned may be

required to identify any part of any decision, objections, publications

or documents 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 sub-articles (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 sub-

articles (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 m ay i nform 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 issued under sub-article (8) the

person or undertaking or association of undertakings or any other

body may request a review thereof by sworn application to the

Civil Court within ten days from when the decision of the Director

General is notified

Provided that the Civil Court shall appoint and decide any

matter under this sub-article within the shortest time possible

Provided further that the decision of the Civil Court shall be

final and no appeal or challenge shall lie from such decision.

(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. Sub-

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

Director General does not consider the request for anonymity to be

justified, sub-articles (8) and (9) shall apply.

(1) The Authority shall, subject to the protection of

business secrets and other confidential information, publish from

time 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 sub-article

(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, printi ng, r ecordi ng,

broadcasting or communicating such information by any means

whatsoever.

PART IX

ESTABLISHMENT OF THE COMPETITION AND

CONSUMER APPEALS TRIBUNAL

Deleted by XVI.2019.62

PART X

OFFICERS AND EMPLOYEES OF THE AUTHORITY

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 sub-article (1), the Board shall follow any directives

and guidelines issued under article 28(1)(c), (d) and (e) of the

Public Administration Act.

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.

(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 sub-article (2) shall thereupon apply to the period

of duration of such detailing by any such further direction in

relation to such officer.

(1) Where any officer is detailed for duty with the

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

shall, during the time in which such direction has effect in relation

to him, 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 sub-article

(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.

(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 sub-article (1)

shall, for all purposes other than those of the Pensions Ordinance

and of the Widows’ and Orphans’ Pensions Act, and, saving the

provisions of 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 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

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.

The Authority may engage such consultants or advisers as

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

functions.

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

taken before the Court of Appeal, in a public hearing of the same

court.

(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 sub-article (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 sub-

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

minutes of the relative meeting.

(4) Where a person to whom sub-article (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.

(1) Officers and employees of the Authority shall 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 of

the Authority and advisors, consultants and other

persons engaged with the Authority shall, following

the termination of their office, act with integrity and

not engage in any activity 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 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

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

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

The Authority shall be governed by the provisions of the

Public Finance Management Act, unless otherwise stated in the

Authority performance agreement entered into by the Permanent

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

the provisions of the latter will prevail.

(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 sub-article (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, those fees 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 sub-article, 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 sub-article (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.

(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.

The Minister responsible for Finance may, after

consultation with the Minister, make advances to the Authority of

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

a d v a n c e s o n s u c h t e r m s a n d c o n d i t i o n s a s h e m a y, a f t e r

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.

(1) The Minister responsible for Finance may, for any

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

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 sub-

article (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 sub-article (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.

(1) The Authority shall cause to be prepared in every

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

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.

(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 sub-article (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.

The Minister shall, at the earliest opportunity and not later

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

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.

(1) The Authority shall cause to be kept proper accounts

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

(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.

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.

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

of e a c h f in a n c i a l ye a r, pr e s e n t t o th e M in is te r t hr o ug h t h e

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

Provided that with reference to such report, the sections

relating to the Office for Competition shall include information about

the appointments and dismissals of the Director General and the

Directors, the amount of resources that were allocated in the relevant

year, and any changes in that amount compared to previous years.

Such report shall be made available to the public.

The Minister shall cause a copy of the report presented to

him in terms of article 58 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.

PART XII

TRANSFER OF CERTAIN ASSETS TO THE AUTHORITY

60.(1)(a) The property and undertakings owned by the Consumer

and Competition Department, Malta Standards

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.

(1) Subject to the provisions of this Act, all laws, rules,

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

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.

(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

C o m p a n y L i m i t e d i s o r i s e n t i t l e d t o b e a p a r t y, a n d s u c h

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

For the purposes of the Criminal Code and of any provision

of a penal nature in any other law, the members of the Board,

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

public officers.

(1) For the purposes of this article "acts" means any

request for information, measure, order, direction, statement,

decision 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 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 Civil Court 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 Civil Court

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 Civil Court, 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 Civil Court 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 Civil

Court 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

Civil Court 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 sub-article (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.

(1) The Minister, after consultation with the Board, as the

case may be, may from time to time 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.

(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, au tho rise the Director G eneral 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.

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.

(1) Regulations which are required to be made under the

provisions of this Act, may be made in the English language only

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.

Deleted by XVI.2019.66.

(1)

The provisions of the Competition Act and of the

Consumer Affairs Act, existing prior to the 23rd May 2011, shall

continue to apply, as the case may be, to all

(a) investigations pending before the Director of the

Office for Fair Competition and the Director of

Consumer Affairs, as substituted by the Director

General (Competition) and the Director General

(Consumer Affairs);

(b) proceedings pending before the Commission for Fair

Trading and the Consumer Affairs Appeals Board, as

substituted by the Competition and Consumer Appeals

Tribunal and further substituted by the Civil Court; the

Consumer Claims Tribunal and the courts; and

(c) decisions and judgments which are not yet res

judicata.

(2) The provisions of the Competition Act and of the

Consumer Affairs Act, existing after the 23rd May 2011, but prior to

the coming into force of the Competition Act and Consumer Affairs

Act and other Laws (Amendment) Act, 2019 shall also continue to

apply, as the case may be, to all

(a) proceedings which started after the date mentioned in

sub-article (2), and which are still pending at the time

of the coming into force of the Competition Act and

Consumer Affairs Act and other Laws (Amendment)

Act, 2019, including appeals from decisions of the

Competition and Consumer Appeals Tribunal pending

before the Court of Appeal before the Competition and

Consumer Appeals Tribunal substituted by the Civil

Court; the Consumer Claims Tribunal and the courts;

and

(b) decisions and judgments which have been delivered

after the 23rd May 2011 and which were not yet res

judicata at the time of the coming into force of the

Competition Act and Consumer Affairs Act and other

Laws (Amendment) Act, 2019

Provided that the provisions of the Competition

Act and of the Consumer Affairs Act existing after the coming

into force of the Competition Act and Consumer Affairs Act

and other Laws (Amendment) Act, 2019, shall apply to

investigations which commenced after the 23rd May 2011 and

which are still pending before the Director General

(Competition) and before the Director General (Consumer

Affairs)

Provided further that the provisions of the

Consumer Affairs Act existing after the entry into force of the

Consumer Affairs Act and other Laws (Amendment) Act, 2021,

2021. shall apply to investigations commenced by the Director

General (Consumer Affairs) after such entry into force, and to

judicial proceedings filed by the Director General (Consumer

Affairs) according to article 12(5) of the Consumer Affairs Act

at the conclusion of these investigations

Provided further that with regard to appeals from

any decision of the Competition and Consumer Appeals

Tribunal, the Commission for Fair Trading or the Consumer

Affairs Appeals Board which are still pending before the Court

of Appeal after the coming into force of the Competition Act

and Consumer Affairs Act and other Laws (Amendment) Act,

2019, the appellant shall have twenty days from the above-

mentioned date, or twenty days from the first hearing of

such appeals, whichever is later, to file any further grounds of

appeal on points of fact.

(3)

For the purposes of sub-article (1)

(a)

the Director General (Competition) shall be vested

with the powers of the Director of the Office for Fair

Competition as provided for in the Competition Act;

and

(b) the Director General (Consumer Affairs) shall be

vested with the powers of the Director of Consumer

Affairs as provided for in the Consumer Affairs Act,

prior to the 23rd May 2011.

(4)

For the purposes of sub-article (1)(b), the Civil Court shall

be vested with the powers of

(a) the Commission for Fair Trading as provided for in the

Competition Act; and

(b) the Consumer Affairs Appeals Board as provided for

in the Consumer Affairs Act,

prior to the 23rd May 2011.

(5)

For the purposes of sub-article (2)

(a)

the Director General (Consumer Affairs) shall be vested

with the powers of the Director General (Consumer

Affairs) as provided for in the provisions of the

Consumer Affairs Act; and

(b) the Director General (Competition) shall be vested with

the powers of the Director General (Competition) as

provided for in the provisions of the Competition Act,

existing after the coming into force of the Competition Act and

Consumer Affairs Act and other Laws (Amendment) Act, 2019

Provided that the provisions of the Consumer Affairs Act

existing after the entry into force of the Consumer Affairs Act and

2021. other Laws (Amendment) Act, 2021 shall apply to investigations

commenced by the Director General (Consumer Affairs) after such

entry into force, and to judicial proceedings filed by the Director

General (Consumer Affairs) according to article 12(5) of the

Consumer Affairs Act at the conclusion of these investigations.

(6) For the purposes of sub-article (2)(a) the Civil Court shall be

vested with the powers of the Competition and Consumer Appeals

Tribunal as provided for in the provisions of the Competition Act, in

the Consumer Affairs Act, and in the Malta Competition and

Consumer Affairs Authority Act, existing prior to the coming into

force of the Competition Act and Consumer Affairs Act and other

Laws (Amendment) Act, 2019.

(7) The provisions of article 12A of the Consumer Affairs Act,

existing prior to the entry into force of the Consumer Affairs Act

2021. and other Laws (Amendment) Act, 2021, shall continue to apply to

any undertaking obtained prior to the said entry into force of the

Consumer Affairs Act and other Laws (Amendment) Act, 2021.

"(8) The provisions of the Competition Act as amended by virtue

of the Competition Act and the Malta Competition and Consumer

Affairs Authority (Amendment) Act, 2021 shall not apply to

2021. investigations instituted by the Director General (Competition) and to

any judicial proceedings filed by the Director General (Competition)

in accordance with the Competition Act before the entry into force of

the Competition Act and the Malta Competition and Consumer

Affairs Authority (Amendment) Act, 2021.

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.

National standards shall be designated as SM XXX:YYYY,

where XXX is an integer number and YYYY the year of adoption.

MALTA COMPETITION AND CONSUMER

AFFAIRS AUTHORITY ACT