Agriculture Consultative Council Regulations, 2015

L.N. 26 of 2015

SUPPLIES AND SERVICES ACT

(CAP. 117)

Agriculture Consultative Council Regulations, 2015

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

and Services Act, the Minister for the Economy, Investment and

Small Business, in consultation with the Minister for Sustainable

Development, the Environment and Climate Change, has made the

following regulations:-

The title of these regulations is the Agriculture

Consultative Council Regulations, 2015.

In this Act, unless the context otherwise requires -

"Chairperson" means the Chairperson of the Agriculture

Consultative Council and includes, in the circumstances mentioned in

regulation 4(6), the Deputy Chairpersons or any other person

appointed to act as Chairperson;

"Council" shall mean the Agriculture Consultative Council as

established by virtue of regulation 4;

"Crop Farming Committee" shall mean the committee

established in terms of regulation 6;

"Livestock Sector Committee" shall mean the committee

established in terms of regulation 7;

"Minister" means the Minister responsible for agriculture;

"Paying Agency" is the entity established in the Paying Agency

Regulations and European Council Regulation (EC) No. 1290/2005.

The Agriculture Consultative Council is hereby established

as an advisory body in order to provide a forum for consultation and

dialogue between the representatives of the various sectors of

agriculture and the Government, and is entrusted with the task of

advising the Government through the Minister on issues relating to

(a)

agriculture,

horticulture,

floriculture,

and

viticulture; and

(b)

breeding and rearing of livestock; and

(c)

keeping of bees; and

(d)

processing of agricultural products; and

(e)

formulation and implementation of sustainable

agricultural policies.

The Council shall be composed of the following Composition of

the Council.

(a)

a Chairperson;

(b)

six representatives of the Government, nominated

and appointed as follows

(i) one person representing the Office of the

Permanent Secretary within the Ministry responsible for

agriculture; and

(ii) one person representing the Agriculture

Directorate within the Ministry responsible for agriculture;

(iii) one person representing the Plant Health

Directorate within the Ministry responsible for agriculture;

(iv) one person representing the Diversification

and Competitiveness Directorate within the Ministry

responsible for agriculture; and

(v) one person representing the Veterinary

Services Directorate within the Ministry responsible for

agriculture; and

(vi) one person representing the Agriculture &

Rural Payments Agency within the Ministry responsible

for agriculture;

(c)

seven

persons,

each

with

professional

qualifications, or technical expertise and, or knowledge and

experience in matters related to agriculture, appointed as

(i)

one agricultural economist or agri-business

expert;

(ii) one agricultural marketing expert;

(iii) two representatives from the agro-industry

sector;

(iv) one livestock nutritionist;

(v)

one agronomist; and

(vi) one soil scientist;

(d)

the Chairperson of the Crop Farming Committee ex

officio; and

(e)

the Chairperson of the Livestock Sector Committee

ex officio.

(2) For each of the members nominated in accordance with

sub-regulation (1)(b) to (e), both inclusive, there shall be an equal

number of substitute members representing those same

representatives of the Government, Ministry, Directorates, experts or

committees and who shall have the right to attend meetings in the

absence of nominated members.

(3) The term of office of the members shall be of three years

and they shall be eligible for re-appointment for further term or terms,

provided that a member of the Council appointed in accordance with

sub-regulation (1)(b) and (c) shall not hold office for a period

exceeding three consecutive terms.

(4) Members of the Council or committees who are absent for

three consecutive meetings without a valid reason and without giving

notice in writing of the reasons for such absence to the Chairperson of

the Council or committees before or as soon as may reasonably be

after the meeting, shall be declared by the Council or committee to

have resigned

Provided that the Minister, after consultation with the

Chairperson or committee, as the case may be, may remove any such

member from office on grounds of misconduct, proved infirmity to

perform the functions of a member of the Council or committees, or if

any member appointed in accordance with sub-regulation (1)(b) to

(e), both inclusive, ceases to hold office at an earlier date.

(5) The Minister may designate one of the members of the

Council as Deputy Chairperson and the member so designated shall

have all powers and perform all and any of the functions of the

Chairperson during his absence, or in the event of inability to act as

Chairperson, or during any vacancy in the office of Chairperson.

Notwithstanding the provisions of this regulation, the

Minister may, in any of the circumstances mentioned above in this

sub-regulation, appoint another person to act as Chairperson.

(6) In the event a member of the Council resigns or if the

office of a member of the Council is otherwise vacant or if the

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 temporary member of the Council, and any person

so appointed shall, subject to the provisions of this regulation, 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 function of his office resumes those functions.

(7) The Council may act and perform its functions

notwithstanding any absence or vacancy amongst its members

provided that there is a quorum present at the meeting of at least eight

members of the Council.

(8) In the exercise of its functions or in its deliberations on

specific issues or cases, the Council may request the input of persons

engaged in the public sector and, or public entities. The Council may

also request appropriate expertise from, or collaboration with, third

parties, as it may deem appropriate.

(9) The Council shall be consulted by the Minister when

regulations are made under the Act for the regulation of the

procedures to be adopted by the Council, including but not limitedly

to, the filling of casual vacancies, loss of mandate and substitution of

members.

(10) The Council shall appoint a Secretary to keep minutes and

a record of the meetings and of its decisions.

(11) The provisions of this regulation shall apply mutatis

mutandis to committees established under these regulations.

(1)

Il-Kunsill għandu jkun magħmul mill-membri li

(a)

Chairperson;

(b)

sitt rappreżentanti tal-Gvern, nominati u appuntati

(i) persuna li tirrappreżenta lill-Uffiċċju tas-

Segretarju Permanenti fi ħdan il-Ministeru responsabbli

għall-agrikoltura; u

(ii) persuna li tirrappreżenta lid-Direttorat tal-

Agrikoltura fi ħdan il-Ministeru responsabbli għall-

agrikoltura; u

(iii) persuna li tirrappreżenta lid-Direttorat għas-

Saħħa tal-Pjanti fi ħdan il-Ministeru responsabbli għall-

agrikoltura; u

(iv) persuna li tirrappreżenta d-Direttorat għad-

Diversifikazzjoni u l-Kompetittività fi ħdan il-Ministeru

responsabbli għall-agrikoltura; u

(v) persuna li tirrappreżenta d-Direttorat għas-

Servizzi Veterinarji fi ħdan il-Ministeru responsabbli

għall-agrikoltura; u

(vi) persuna li tirrappreżenta lill-Aġenzija ta’

Pagamenti fi ħdan il-Ministeru responsabbli għall-

agrikoltura;

seba’ persuni, kull waħda minnhom bi kwalitajiet

professjonali jew tekniċi u, jew b’għarfien u esperjenza fi

ħwejjeġ li għandhom x’jaqsmu mal-agrikoltura, maħtura kif ġej

(i) persuna b’għarfien fl-ekonomija agrarja jew

espert fil-qasam tal-kummerċ agrikolu;

(ii)

persuna esperta fl-agricultural marketing;

(iii) żewġ

rappreżentanti

tas-settur

tal-agro-

industrija;

(iv) persuna

li

għandha

għarfien

dwar

in-

nutriment tal-bhejjem;

(v)

agronomista; u

(vi) xjentist tal-ħamrija;

(d)

iċ-Chairperson tal-Kumitat dwar il-Kultivazzjoni

tal-Uċuħ tar-Raba’ ex officio; u

(e)

iċ-Chairperson tal-Kumitat dwar is-Settur tat-

Trobbija tal-Bhejjem ex officio.

(2) Għall kull wieħed mill-membri maħtura skont is-

subregolament (1)(b) sa (e), it-tnejn inklużi, għandu jkun hemm l-

istess numru ta’ membri sostituti li jirrappreżentaw dawk l-istess

rappreżentanti tal-Gvern, Ministeru, Direttorati, esperti jew kumitati

u li jkollhom id-dritt li jkunu preżenti għal-laqgħat fl-assenza tal-

membri maħtura.

(3) Il-membri tal-Kunsill jibqgħu fil-kariga għal perjodu ta’

tliet snin u jkunu eliġibbli li jerġgħu jiġu maħtura għal terminu ieħor

jew termini oħra, iżda membru tal-Kunsill maħtur taħt is-

subregolament (1)(b) u (ċ) m’għandux jokkupa l-kariga għal perjodu

ta’ aktar minn tlett termini konsekuttivi.

(4) Membri tal-Kunsill jew kumitati li jkunu assenti għal tlett

laqgħat konsekuttivi mingħajr raġuni valida u mingħajr ma jingħata

avviż tar-raġunijiet għal din l-assenza bil-miktub lic-Chairperson tal-

Kunsill jew kumitati qabel jew kemm jista’ jkun malajr wara l-laqgħa

għandhom jiġu dikjarati mill-Kunsill jew kumitati bħala li jkunu

rriżenjaw

Iżda l-Ministru. wara konsultazzjoni maċ-Chairperson tal-

Kunsill jew kumitat, skond il-każ, jista’ jtemm il-ħatra ta’ membru

tal-Kunsill jew kumitati f’kaz ta’ imġieba ħażina, inkapaċità ppruvata

li jaqdi dmirijiet ta' dik il-kariga, jew f'kaz li membru jinħatar taħt is-

subregolamenti (1)(b) sa (e), it-tnejn inklużi, jieqaf jokkupa l-kariga

qabel l-iskadenza tat-terminu tal-ħatra.

(5) Il-Ministru jista’ jinnomina wieħed mill-membri tal-

Kunsill bħala Viċi Chairperson u l-membru hekk nominat għandu

jwettaq is-setgħat u l-funzjonijiet kollha taċ-Chairperson f’każ ta’

assenza taċ-Chairperson jew inabilità li jaġixxi bħala Chairperson,

jew f’każ ta’ vakanza fil-ħatra ta’ Chairperson.

Minkejja d-disposizzjonijiet ta’ dan ir-regolament, il-

Ministru jista’ jaħtar persuna oħra bħala Chairperson, f’kull waħda

miċ-ċirkostanzi msemmija f’dan is-subregolament.

(6) F’każijiet li membru tal-Kunsill jirreżenja jew il-kariga ta’

membru tal-Kunsill tkun mod ieħor vakanti jew jekk membru għal

kwalunkwe raġuni ma jistax jaqdi d-dmirijiet tal-kariga, il-Ministru

jista’ jinnomina persuna li tikkwalifika għall-ħatra bħala membru

temporanju tal-Kunsill, u kull persuna hekk nominata għandha, bla

ħsara għad-dispożizzjonijiet ta’ dan ir-regolament, tieqaf tokkupa l-

kariga temporanja hekk kif persuna tinħatar sabiex timla l-vakanza

jew, skont ma jista’ jkun il-każ, meta l-membru li ma kienx kapaċi

jaqdi l-funzjonijiet tal-kariga tiegħu jerġa’ jibda’ jwettaq dawk il-

funzjonijiet.

(7) Il-Kunsill jista’ jaġixxi u jaqdi l-funzjonijiet tiegħu

minkejja kull assenza jew vakanza fost il-membri tal-Kunsill,

sakemm ikun hemm quorum preżenti għal-laqgħa ta’ mhux anqas

minn tmien membri tal-Kunsill.

(8) Fl-eżekuzzjoni

tal-funzjonijiet

tiegħu

jew

fid-

deliberazzjonijiet fuq każijiet jew ħwejjeġ speċifiċi, il-Kunsill jista’

jeħtieġ l-intervent ta’ persuni li jaħdmu fis-servizz pubbliku u, jew

f’entitajiet pubbliċi. Il-Kunsill jista’ wkoll jeħtieġ l-parir espert, jew

kollaborazzjoni ta’ terzi, kif jidhirlu xieraq.

(9) Il-Kunsill għandu jiġi kkonsultat mill-Ministru meta jsiru

regolamenti taħt l-Att dwar ir-regolamentazzjoni tal-proċeduri li l-

Kunsill għandu jadotta, inkluż iżda mhux limitat għall-proċeduri

dwar kif jimtlew vakanzi każwali, telf ta’ mandat u sostituzzjoni ta’

membri.

(10) Il-Kunsill għandu jaħtar Segretarju biex iżomm minuti u

record tal-laqgħat u tad-deċiżjonijiet tiegħu.

(11) Id-disposizzjonijiet ta' dan ir-regolament għandhom

japplikaw mutatis mutandis għal kumitati mwaqqfa taħt dawn ir-

regolamenti.

(1)

The Council shall be a consultative and advisory Functions of the

Council.

body with the function to

(a)

promote participation, dialogue and consensus

amongst all the stakeholders on issues relating to or in

connection with sustainable development of agriculture and the

livestock sector;

(b)

improve and enhance the communication between

the stakeholders of the agriculture and the livestock breeding

sectors and Government;

(c)

identify issues that affect stakeholders of the

agricultural sector and to propose to the Government strategies

that address such;

(d)

propose for consideration sustainable and feasible

projects to implement the objectives of Government policies in

the agricultural and livestock breeding sector and recommend

measures to facilitate and further the achievement of targets;

(e)

upon the request by the Government draw up,

examine and make recommendations on legislative proposals

relating to the objectives of the Council;

(f)

upon the request of the Minister, make

recommendations and submit opinions on any other matter

arising in relation to the functions of the Ministry responsible

for agriculture;

(g)

make recommendations to the Government

regarding policies relating to the agricultural sector and rural

development; and

(h)

perform any other functions as may be assigned to

it by the Minister under the provisions of these regulations or

any other law.

(2) Without prejudice to the provisions of sub-regulation (1),

in the discharge of its objectives and functions, the Council shall

adopt national perspectives and strategies.

(1)

There shall be a Crop Farming Committee which

shall be representative of the crop farming sector and which shall

discuss current matters and provide proposals to promote

improvements pertaining to their sector to the Council and may

furthermore be consulted by the Council on matters or issues which

the Council, in its discretion, may refer to it.

(2) The members of the Crop Farming Committee shall be

appointed by the Minister for a period of three years.

(3) The Crop Farming Committee shall be composed of nine

members coming from the respective Co-operatives/Producer

Organisations, or individuals actively involved in the following

agricultural sectors or activities

(a)

dry land agriculture farming; and

(b)

greenhouse farming; and

(c)

irrigation farming; and

(d)

fruit production; and

(e)

olive production; and

(f)

viticulture; and

(g)

floriculture; and

(h)

organic farming; and

(i)

a young farmer (under the age of forty years).

(4) The Chairperson of the Crop Farming Committee shall be

elected by the members of the Crop Farming Committee from

amongst themselves by simple majority, for a period of three years.

(5) The Chairperson of the Council shall convene the first

meeting of the Crop Farming Committee no later than one month

following its appointment with the election of the Chairperson of the

Crop Farming Committee as the sole purpose of such meeting. The

Chairperson of the Council shall carry out all preliminary and

necessary acts to ensure the orderly election of the Chairperson of the

Crop Farming Committee by its members.

(6) The Chairperson of the Crop Farming Committee shall be

an ex officio member of the Council.

(7) The Crop Farming Committee may act notwithstanding

any vacancy amongst its members, provided that there is a quorum

present at the meeting.

(8) Subject to the provisions of these regulations, the Crop

Farming Committee shall regulate its own proceedings and establish

the quorum at meetings thereof.

(1)

There shall be a Livestock Sector Committee Livestock

which shall be representative of the livestock sector, and which shall Sector

Committee.

discuss matters and provide proposals to promote improvements

pertaining to their sector to the Council and may furthermore be

consulted by the Council on matters or issues which the Council, in

its discretion, may refer to it.

(2) The members of the Livestock Sector Committee shall be

appointed by the Minister for a period of three years.

(3) The Livestock Sector Committee shall be composed of

eight members coming from the respective Co-operatives/Producer

Organisations, or individuals actively involved in the following

livestock breeders sectors or activities

(a)

dairy producers; and

(b)

sheep breeders; and

(c)

goat breeders; and

(d)

swine breeders; and

(e)

poultry breeders; and

(f)

rabbit breeders; and

(g)

apiculturists; and

(h)

a young livestock breeder (under the age of forty

years).

(4) The Chairperson of the Livestock Sector Committee shall

be elected by the members of the Livestock Sector Committee from

amongst themselves by simple majority, for a period of three years.

(5) The Chairperson of the Council shall convene the first

meeting of the Livestock Sector Committee no later than one month

following its appointment with the election of the Chairperson of the

Livestock Sector Committee as the sole purpose of such meeting. The

Chairperson of the Council shall carry out all preliminary and

necessary acts to ensure the orderly election of the Chairperson of the

Livestock Sector Committee by its members.

(6) The Chairperson of the Livestock Sector Committee shall

be an ex officio member of the Council.

(7) The Livestock Sector Committee may act notwithstanding

any vacancy amongst its members, provided that there is a quorum

present at the meeting.

(8) Subject to the provisions of these regulations, the

Livestock Sector Committee shall regulate its own proceedings and

establish the quorum at meetings thereof.

(1)

The Minister shall appoint a person from the Public

Sector to act as Secretary to the Council and who shall be responsible

for the administrative affairs of the Council, the Crop Farming

Committee and the Livestock Sector Committee.

(2) The Secretary shall hold office for a period three years,

under such terms and conditions as the Council, with the approval of

the Minister, may establish.

(3) The Secretary shall be responsible for administrative and

secretarial services of the Council, the Crop Farming Committee and

Livestock Sector Committee and shall, inter alia, be responsible for

(a)

the convening of meetings of the Council, the Crop

Farming Committee and the Livestock Sector Committee and

the keeping of minutes of the meetings thereof;

(b)

the keeping of records of the members present

during the meeting, the members absent and members excused;

(c)

the provision of administrative and secretarial

services required by the Council, the Crop Farming Committee

and the Livestock Sector Committee;

(d)

ensuring that all information that may be required

for the Council, the Crop Farming Committee and the Livestock

Sector Committee to effectively carry out their functions is

made available to the Council and the said committees;

(e)

the provision of information and carrying out

preparatory work for the reports of the Council, the Crop

Farming Committee and the Livestock Sector Committee;

(f)

ensuring that office services are provided for the

running of the Council, the Crop Farming Committee and the

Livestock Sector Committee; and

(g)

exercising any other responsibility as may be

delegated by the respective Chairpersons on behalf of the

Council, the Crop Farming Committee and the Livestock Sector

Committee.

(1)

The Council shall meet on a regular basis as the Meetings.

Chairperson may deem necessary provided that the Council shall hold

not less than one meeting every three months in every calendar year.

(2) The Crop Farming Committee and the Livestock Sector

Committee shall meet on a regular basis as the respective

Chairpersons may deem necessary, provided that not less than one

meeting every three months in every calendar year shall be held.

(3) There shall be a meeting with the Minister of not less than

once every three months in every calendar year.

By not later than six weeks after the end of each calendar Reporting.

year, or upon a request to the Council lodged by the Minister, the

Council shall deliver to the Minister an annual report on all the

activities undertaken by the Council, the Crop Farming Committee

and the Livestock Sector Committee during the said calendar year.

Such report shall include inter alia a general report on the

proceedings and developments achieved by the Council during the

period to which it relates in respect of matters falling within the scope

of the Council.

(1)

The Minister may from time to time, give to the Relations

Council, the Crop Farming Committee and the Livestock Sector between

Minister, the

Committee such directives in writing as he may deem appropriate, Council

Committees.

being directives consistent with the provisions of these regulations

and any other regulations made under the Act, and the Council and

Committees above-mentioned shall, as soon as practically possible,

give effect to all such directives and conduct their affairs accordingly.

(2) For the purposes of these regulations the term "any other

regulations made under the Act" referred to in sub-regulation (1) shall

mean regulations generally so as to give effect to the provisions of

these regulations, and for the better carrying out of any of the

provisions of these regulations

Provided that, without prejudice to the generality of this

sub-regulation, such regulations may, in particular, provide for the

administrative and organisational procedures, quorum and reporting

of the Council, the Crop Farming Committee and the Livestock

Sector Committee and any other matter for the proper functioning of

the Council and such Committees.

€0.81