Malta Marittima (Establishment as an Agency) Order, 2016

L.N. 41 of 2016

PUBLIC ADMINISTRATION ACT

(CAP. 497)

Malta Marittima (Establishment as an Agency) Order, 2016

IN exercise of the powers conferred by article 36(1) of the

Public Administration Act, the Prime Minister has made the

following Order:-

The title of this Order is the Malta Marittima Citation.

(Establishment as an Agency) Order, 2016.

In this Order, unless the context otherwise requires -

Interpretation.

"the Act" means the Public Administration Act;

"Agency" means the Malta Marittima Agency established by

means of this Order;

"Agency Agreement" means the Agreement as provided for in

article 7;

"Minister" means the Minister responsible for the Economy,

Investment and Small Business;

"Permanent Secretary" means the Permanent Secretary of the

Ministry for the Economy, Investment and Small Business.

(1)

There shall be an Agency, to be known as Malta Establishment

Marittima Agency, which shall carry out functions related to the of

Marittima

promotion, development and growth of the maritime sector.

Agency.

(2) All employees and any other public officers currently

deployed within the Office of the Permanent Secretary performing

duties related with the maritime sector shall be regarded as employees

of the Agency as established by virtue of this Order under the same

terms and conditions prevailing at the date of coming into force of

this Order.

(3) The employment contracts entered into between, on the

one hand, the employees of the Office of the Permanent Secretary,

within the Ministry for the Economy, Investment and Small Business

and the Ministry for the Economy, Investment and Small Business, on

the other part, shall continue in force as if they were entered into by

the Agency are established by this Order and any collective

agreement in force prior to the coming into force of this Order which

affects the rights and status of the same employees shall continue in

force as if it was entered into by the Agency.

(4) The Agency shall, as from the coming into force of this

Order, assume responsibility for all assets, liabilities and obligations

regarding the maritime sector previously entered into by the Maltese

Government, and all such all assets, liabilities and obligations shall

devolve upon and be assumed by the Agency as established by this

The Agency shall have the following functions and duties

(a)

to create and promote maritime sectoral clusters;

(b)

to maintain open dialogue between private and

public stakeholders;

(c)

to strengthen the competitiveness and support of

the clusters;

(d)

to lead the sectors towards innovation based

economies;

(e)

to promote environmentally sustainable projects;

(f)

to propose to Government maritime policy and

infrastructural improvements;

(g)

to lead towards the creation of increased added

value and future proof jobs;

(h)

to encourage transfer of knowledge between

academy and business;

(i)

to promote maritime cultural awareness and

education opportunities locally;

(j)

to maintain inventory, statistics and progress of

sectoral clusters; and

(k)

to promote and participate at EU fora and

internationally.

The Minister responsible for the Agency shall be

the Minister responsible for the development and growth of the

(2) The Permanent Secretary in the Ministry responsible for

matters relating to the development and growth of the maritime

sector, in this Order referred to as "the Permanent Secretary", shall

supervise the Agency in terms of article 39 of the Act.

(3) The Permanent Secretary may be assisted in such

supervision by another Permanent Secretary from another Ministry in

accordance with the proviso to article 13(5) of the Act.

(4) If another Minister, other than the Prime Minister, assumes

responsibility for the Agency, its supervision shall fall under the

Permanent Secretary of that Ministry.

(1)Il-Ministru responsabbli għall-Aġenzija għandu jkun il-

Ministru responsabbli għall-Ekonomija, l-Investiment u l-Intrapriżi

(2) Is-Segretarju Permanenti fi ħdan il-Ministeru responsabbli

għal materji li għandhom x’jaqsmu mal-iżvilupp u tkabbir tas-settur

marittimu, F’dan l-Ordni msejjaħ "is-Segretarju Permanenti", għandu

jissorvelja l-Aġenzija kif hemm fl-artikolu 39 tal-Att.

(3) Is-Segretarju Permanenti jista’ jkun assistit f’dik is-

superviżjoni minn xi Segretarju Permanenti ieħor minn Ministeru

ieħor kif hemm fil-proviso ghall-artikolu 13(5) tal-Att.

(4) Jekk Ministru ieħor, li ma jkunx il-Prim Ministru, jassumi

responsabbiltà għall-Aġenzija, din għandha tiġi sorveljata mis-

Segretarju Permanenti f’dak il-Ministeru.

The Agency shall be governed by the provisions of the Financial

Financial Administration and Audit Act unless otherwise stated in the arrangements.

Agency Agreement between the Permanent Secretary and the

Agency, in which case the provisions of the Agency Agreement shall

prevail.

The operations of the Agency shall follow an Agency Other special

Agreement which is to be agreed between the Permanent Secretary arrangements

applying to the

and the Agency.

Agency.

The Agency shall be headed by the Chairperson of the Head of the

Agency nominated by the Minister who shall perform all the Agency.

functions and duties as stipulated in the Act.

(1)

The Minister responsible for the Agency may Steering

establish a Steering Committee to assist the Chairperson in the Committee.

discharge of his duties.

(2) The Steering Committee established under this article shall

consist of five directors nominated from

(a)

Transport Malta;

(b)

Malta Enterprise;

(c)

the Malta Freeport Corporation;

(d)

the Department of Fisheries and Aquaculture; and

(e)

the Regulator of Energy and Water Services.

(3) The Agency shall also have a further five directors

nominated by the Minister, after consultation with industry

representatives, or directly from private industry clusters, that shall be

formed under the Agency structure.

(4) The Chairperson and directors together with the Steering

Committee shall constitute the board of Agency.

(5) The remuneration paid to members of the Agency’s board

members shall be in accordance with any directives and guidelines

which may be issued by the Agency from time to time.

In the Fourth Schedule to the Public Administration Act,

immediately before the item "Management Efficiency Unit" there

shall be added the following item

Agency

Agency Function

"Malta Marittima To carry out functions related to the

Agency

promotion, development and growth

of the maritime sector.".

€0.36