Farm Advisory Services Regulations, 2007

L.N. 66 of 2007

SUPPLIES AND SERVICES ACT

(CAP. 117)

Farm Advisory Services Regulations, 2007

IN exercise of the powers conferred by article 3 of the Supplies

and Services Act (Cap. 117), the Minister for Rural Affairs and the

Environment has made the following regulations:-

(1) The title of these regulations is the Farm Advisory Citation and

scope.

Services Regulations, 2007.

(2) The scope of these regulations is to assist farmers and

forest holders by providing professional advice on statutory

management requirements, good agricultural and environmental

conditions, occupational safety standards and all associated

Community legislation for the improvement of the overall

performance of their holding.

The primary objective shall be to provide support to Objective of

farmers and forest holders for the use of advisory services for the farm

services.

improvement of the overall performance of their holding; the

minimum advisory service to farmers shall cover

(a)

the statutory management requirements and the

good agricultural and environmental conditions provided for in

Articles 4 and 5 and in Annexes III and IV to Regulation EC

1782/2003 (GAEC Measures for each EC Issue);

(b) occupational safety standards based on Community

legislation;

(c)

observance, by farmers, of -

(i)

good farming practices,

(ii) code of good agricultural practices,

(iii) health and safety standards,

(iv) awareness and above all compliance with all

Directives falling under cross compliance,

(v) developments and obligations on current and

future CAP payments and rural development measures,

(vi) aid in the compilation of application forms

and, or whole farm management plans of rural

development measures.

FOR FARM ADVISORY SERVICES

The following fees shall apply for registration under one of the hereunder

listed categories of Farm Advisory Servcices

CATEGORY AND DESCRIPTION OF FEE

Lm

Temporary Advisory Official

Recognition Fee

(1) Insofar as public access to documents is concerned,

private bodies and designated authorities shall not disclose personal

or individual information and data which they obtain in their advisory

activity to persons other than the farmer managing the holding

concerned, except where any irregularity or infringement is found

during their activity, which irregularity or infringement is covered by

an obligation to inform a public authority, in particular in the case of

criminal offences.

(2) The identification system for agricultural parcels shall be

established on the basis of maps or land registry documents or other

cartographic references utilised by the IACS Department of the

Ministry responsible for rural affairs. Use shall be made of

computerised geographical information system techniques including,

preferably, aerial or spatial orthoimagery, with an homogenous

standard guaranteeing accuracy at least equivalent to cartography at a

scale of 1:10 000.

(3) The farm advisory service company and, or entity shall

each year provide a copy of the status report of each client to the

IACS Department.

The Ministry for rural affairs and the environment,

hereinafter referred to as "the Ministry", shall keep and make

available for public inspection at such reasonable times as it may

determine, a Register of Farm Advisory Consultants and Companies,

hereinafter referred to as "the Register".

The Register shall be divided into specific parts. Each part

shall list those consultants who are competent in a particular

discipline, provided that where a person is competent in more than

one particular discipline, such person shall be registered under both or

more such disciplines.

The Register shall also be divided into categories of farm

advisory service consultants and temporary farm advisory officials, as

well as farm advisory service companies and, or entities.

There shall be a board, to be known as the "Farm Advisory

Registration Board", hereinafter refeered to as "the Board", which

shall be appointed in accordance with the provisions of these

regulations, and which shall, upon request, issue a certificate of

registration in the Register together with any relevant discipline in

which any person so registered is competent, and it shall also note

therein all suspensions, cancellations and reinstatements of those

certificates.

(1) No person may act as a farm advisory service Registration.

official unless such person is registered in the part of the Register

relating to farm advisory service consultants.

(2) No company or entity may act as a farm advisory service

provider unless it is registered in the part of the Register relating to

farm advisory service companies.

The Ministry shall refuse to accept any farm advisory Ministry to

statements or an agricultural consultancy-related planning statement refuse

statements.

where a person who is not registered in the Register has participated

in the preparation of the relevant farm advisory statement.

(1) The Board, as appointed by the Minister responsible Further

for rural affairs and the environment, hereinafter referred to as "the functions of the

Board.

Minister", shall also be responsible for evaluating applications for

registration in the Register.

(2) Decisions on applications for registration shall be taken by

a Registration Board composed of four persons, being the Director

General (Rural Affairs and Paying Agency), a representative from the

Department of Agriculture, a representative from IACS and a

representative from the Rural Development Department. One of these

persons shall be appointed, by the Minister, chairperson of the

Registration Board.

(3) The Board shall assess applications for registration and

shall prepare a list of persons who, in the opinion of the Registration

Board, meet the requirements for registration and are therefore to be

issued with a certificate of registration. The Board shall also give

reasons for its decisions.

(4) The decision of the Board to accept or to refuse an

application for registration in the Register shall be notified in writing

to the applicant without delay.

(5) The Board may advise the Ministry to update the Register

at such regular intervals as it may deem fit by the inclusion of any

other new disciplines, which may have evolved, in the Register.

(1) Any qualified person may apply in writing on the Application for

registration.

appropriate form to the Board to be registered in the Register.

(2) The application for registration shall include the following

information

(a)

the name, surname, education, qualifications and

office address of the applicant for registration;

(b) a list of any relevant working experience, of the

applicant;

(c)

a detailed curriculum vitae (which is to include

details of the person’s training, experience and knowledge in

farm advisory-related matters);

(d) an indication of the particular agricultural,

veterinary or environmental discipline for which the person is

applying for registration.

(3) The application for registration shall be accompanied by

the appropriate fee as set out in the Schedule.

(1) The Board shall register a person in the Register if it

is satisfied that the said person

(a)

has the minimal appropriate qualifications

consisting of a Degree from a recognized institution in any of

the disciplines mentioned in regulation 11(2)(d); and

(b) has a minimum of two years’ working experience in

one or more relevant disciplines.

(2) Certificates issued to eligible persons shall be valid for one

year but may be renewed by the Board upon payment of the relevant

renewal fee according to the Schedule, except where a person has

been found guilty of any of the offences referred to in regulation 14.

(3) Notwithstanding the provisions of subregulation (1), the

Board may grant a temporary certificate valid for one year to any

person who, in its opinion, has the appropriate qualifications but does

not have sufficient experience in the relevant discipline or in all the

farm advisory-related issues. Temporary certificates may only be

extended for a maximum period of two years.

(4) (a)

In order to be registered as farm advisory entities,

companies shall have to demonstrate that their technical personnel or

other consultants engaged to provide services will have experience

and knowledge of current CAP policies, cross compliance, good

farming practices, CoGAP, health and safety, current rural

development measures and applications, and agricultural production

(livestock and crop husbandry). Furthermore these companies must

undertake to organize training courses in cross compliance, codes of

good agricultural practices, and health and safety related issues to

their clients. All temporary farm advisory officials shall also be

obliged to undertake these training courses as a pre-requisite to

obtaining or confirming their registration.

(b) Companies registering as farm advisory entities shall be

obliged to follow advice and recommendations given by the rural

affairs and the paying agency departments; moreover, such entities

are bound to ensure that correlated work shall not be rediverted to, or

requested from, the rural affairs and paying agency departments.

(c) Companies registering as farm advisory entities shall

present a schedule of relevant proposed fees to the Board for its

approval as part of the recognition process.

(d) Companies registering as farm advisory entities shall first

apply for recognition and, if such recognition is granted, shall

consequently be bound to pay the registration fee.

(e) Companies registering as farm advisory entities shall also

provide a declaration indicating that there is no conflict of interest

with their clients. The company shall be bound to ensure that advisory

officials who give advice shall not have the same evaluating status of

applicants.

(f) All entity or client data, record or status changes shall be

reported to the Registration Board within ten working days.

The certificate of registration shall contain the following Certificate of

registration.

information

(a)

the name, surname and identity document number or

other means of identification of the consultant or company;

(b)

the date when the certificate is issued; and

(c)

the discipline in which the consultant is considered

by the Registration Board as having an acceptable level of

expertise.

(1) The Board may cancel any certificate granted under Cancellation of

the provisions of these regulations when the holder of that certificate: certificates.

(a)

is found guilty by a court of criminal jurisdiction of

a crime, being a crime committed through imprudence,

carelessness, unskillfulness in an art or profession, or non-

observance of these regulations; or

(b) is found guilty by a court of criminal jurisdiction of

any offence under the provisions of the Supplies and Services

Act, hereinafter referred to as "the Act", or of any regulations

made thereunder; or

(c)

has, in the opinion of the Board, submitted

substandard or deliberately misleading work in any farm

advisory procedure;

(d) has participated in the preparation of another farm

advisory procedure when such person was not registered in the

Register; or

(e)

was the recipient of a certificate issued under the

provisions of these regulations based on information given by

the applicant which is false or misleading; or

(f)

fails to pay the yearly renewal fee.

(2) A person who participates in any of the processes involved

in the provision of farm advisory services without being registered in

the Register shall subsequently be barred from registering or

participating in any action relative to farm advisory services in Malta

for a period to be decided by the Board, which period shall in no case

be less than three years.

(1) Any person or company who, for the purposes of

obtaining the certificate for registration in the Register, gives any

wrong information or otherwise acts in a deceitful or fraudulent

manner, shall be guilty of an offence and shall, on conviction, be

liable to a fine (multa) not exceeding one thousand liri. Furthermore,

where the offence is committed by a company, that company shall

automatically become ineligible for current and future funding

assistance under the European Agricultural Fund for Rural

Development.

(2) (a)

Any person who, not being the holder of a

certificate, assumes or uses the designation ‘farm advisory services

consultant’ or ‘temporary farm advisory official’ or in any manner

indicates that he is entitled to be involved in a farm advisory service

shall be guilty of an offence and shall, on conviction, be liable to a

fine (multa) not exceeding one thousand liri.

(b) Any company that, not being the holder of a certificate,

assumes or misuses the role of a farm advisory entity shall be guilty

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

exceeding one thousand liri; furthermore, the company shall

automatically become ineligible for current and future funding

assistance under the European Agricultural Fund for Rural

Development.

(3) For the purposes of subregulation (2), the use on any card,

letterhead, sign, board, plate, advertisement or other written, printed

or engraved device, instrument or document, of the words ‘farm

advisory service consultant’ or ‘temporary farm advisory official’, in

relation to a name, shall be sufficient evidence that such use was

made whether with or without the person’s knowledge, unless the

person proves that, upon becoming aware of such use, he took

adequate steps to stop it.

(4) The offences and fines mentioned in this regulation shall

be without prejudice to any other offences and penalties in terms of

the Act or of any other law.

For the purposes of these regulations the term "persons" Definition of

includes a person who is not a citizen of Malta but does not include a person.

body of persons.

Registration periods shall be determined by the Board.

Registration

periods.

Applicants who do not agree with the outcome of the Right of appeal.

registration process will have the right to appeal from such decision

in writing to the Board within fifteen days from the date of the

communication of the decision; the result of the appeal shall be

communicated within thirty days from the lodging of the appeal and

the decision of the Board shall be final.

Applicants or farm advisory entities shall undertake to Board

allow access to members or persons authorized by the Board for the inspections.

purpose of carrying out an inspection in order to verify the accuracy

of any information provided or any declarations made and to ensure

compliance with these regulations.

Applicants or farm advisory entities shall undertake to Changes to

comply with or accept any changes to the commitments, undertaken commitments.

in accordance with these regulations, that may be necessary as a result

of European Union legislation, in particular Commission Regulation

EC 1698/2005 on the European Agricultural Fund for Rural

Development.

SCHEDULE Regulation 11(3)

46

Upgrade to next level

10.73

Advisory Official

Recognition Fee

76

Yearly Renewal Fee

10.73

Legal Entity

Recognition Fee

93

Registration Fee

429.30

Yearly Renewal Fee

107.35