MALTA CRAFTS ACT

MALTA CRAFTS

CHAPTER 613

MALTA CRAFTS ACT

An ACT to make provision for the encouragement, promotion,

registration and regulation of craftspersons, crafts entrepreneurs and

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

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

ancillary to or connected therewith.

9th November, 2020

ACT XXVI of 2020.

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

In this Act, unless the context otherwise requires:-

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

Minister to be a craft under article 3 which is practised by a

person or persons in the manufacture of craft products made by

craftspersons;

"craft products" include products made completely by

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

as long as the direct manual contribution of the craftsperson

remains the most substantial component of the finished product

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

"crafts entrepreneur" means a person who by way of

trade predominantly deals in craft products made in Malta;

"craftsperson" means a person who practices a craft in

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

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

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

Malta or a European Union national who has formal residence in

Malta or any other person who hails from any other country who

has the necessary permits issued by the relevant authorities to

have a permanent residence in Malta and to work in Malta in the

crafts sector;

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

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

which the Minister may prescribe by regulations;

"Minister" means the Minister responsible for the

promotion and sustainability of the crafts sector;

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

Craftspersons and Crafts Entrepreneurs established under

article 5;

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

Craftspersons and Crafts Entrepreneurs selling such crafts

established under article 4;

"traditional" means using to significant extent a

combination of the same or similar materials and customary

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

and passed on locally from generation to generation.

The Minister, after consultation with the Office may by

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

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

substitute an order so made.

There shall be an Office of the Registrar of Crafts,

Craftspersons and Crafts Entrepreneurs which shall be the public

entity designated with the responsibilities outlined in article 5

hereunder.

The Office shall have the following functions

(a)

to maintain a register of crafts, craftspersons and

crafts entrepreneurs that shall be registered according to criteria

which may be prescribed from time to time

Provided that when creating such register, there

shall be consideration of the craftspersons and crafts

entrepreneurs previously registered under the Malta Crafts

Council Act and determination as to who of these are to be

automatically registered, who shall no longer be deemed as

registered and who will be asked to apply again for registration

Provided further that the Office can create

different categories of registration in relation to the crafts

sector;

(b)

to affect possible expulsions and deregistration of

registered craftspersons who infringe this Act;

(c)

to establish and maintain a voluntary certification

system of craft products which are in compliance with the

definition of craft provided in this Act;

(d)

to enforce specific regulations in relation to the

Crafts Register and events organised by the Registrar, including

any enforceable sanctions which would result if such

regulations are not adhered to by a registered craft person or

craft persons;

(e)

to co-operate with the Malta Crafts Foundation

and explore ways to jointly undertake initiatives to the benefit

of local craftspersons;

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(f)

to keep abreast with European and international

developments in the field of crafts and to participate in the

relevant fora as necessary;

(g)

to report to the appropriate authorities, possible

infringements which are brought to its attention and to

commission investigations, surveillance and inspections in

relation to the authenticity of craft products;

(h)

to take and propose actions aimed at raising the

standard and profile of the craft sector in Malta;

(i)

to contribute as necessary to the drawing up of

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

(j)

to make contact and keep a compendium of

Maltese living abroad who manufacture traditional Maltese

handicrafts for the purpose of keeping records of these Maltese

handicrafts and their method of manufacture; and

(k)

to undertake other tasks which may be required in

relation to the crafts sector.

The Registrar shall submit to the Minister an annual report

of the activities for the preceding year.

The Registrar shall ensure that craftspersons be consulted

regularly on sectoral, thematic or general matters directly or through

consultation meetings, conferences and, or workshops.

The Minister shall provide the Registrar with such resources

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

performance of his functions.

The Minister may make regulations for the better carrying

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

regulations:-

(a)

regulate the registration of craftspersons and

crafts entrepreneurs in the crafts sector provided that the

registration of craftspersons shall include both hobbyist and

professional artisans of contemporary and traditional crafts;

(b)

provide for a system under the supervision of the

Registrar for the certification of the genuineness of craft

products and the materials used in their production;

(c)

establish any qualifications that registered

craftspersons producing craft products are to possess;

(d)

provide for the certification

of

registered

craftspersons producing craft products;

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(e)

generally to regulate

the

activities

of

craftspersons and crafts entrepreneurs;

(f)

establish rules concerning indication of origin and

geographical indications insofar as crafts products are

concerned;

(g)

establish sanctions, administrative fines and

procedure for appeals from such sanctions and fines;

(h)

encourage the sustainable use of products and

materials and of eco-friendly processes;

(i)

designate areas as crafts villages whilst respecting

development regulations and other regulations as applicable;

(j)

designate public areas other than crafts villages

for the holding of crafts markets and similar activities related to

crafts; and

(k)

prescribe any other matters that in accordance

with this Act are to be prescribed.

(1)

The Malta Crafts Council Act, hereinafter referred to

as "the repealed Act", is hereby repealed, and any references in any

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

(2)

Notwithstanding the provisions of sub-article (1)

(a)

the repealed Act shall remain in force for the

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

respect of any breach of the repealed Act that occurred or were

instituted prior to the coming into force of this Act;

(b)

any subsidiary legislation made under the

provisions of the repealed Act shall, until other provision is

made under or by virtue of this Act, continue in force and have

effect as if it was made under this Act; and

(c)

the Office shall assume the legal personality

previously vested in the Malta Crafts Council and shall assume

responsibility for all assets, liabilities and obligations

previously entered into by the Malta Crafts Council or by other

bodies on its behalf.