FARM ADVISORY SERVICES REGULATIONS

SUBSIDIARY LEGISLATION 117.39

FARM ADVISORY SERVICES REGULATIONS

17th May, 2019

LEGAL NOTICE 99 of 2019, as amended by Legal Notice 189 of

2024.

(1)

The title of these regulations is the Farm Advisory

Services Regulations.

(2)

These regulations shall regulate the setting up of the farm

advisory services system and the recognition and registration of farm

advisory service providers and any ancillary matters in accordance

with Regulation (EU) No 1306/2013 of the European Parliament and

of the Council of 17 December 2013 on the financing, management

and monitoring of the common agricultural policy and repealing

Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No

2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/

2008, and Regulation (EU) 2021/2115 of the European Parliament and

of the Council of 2 December 2021 establishing rules on support for

strategic plans to be drawn up by Member States under the common

agricultural policy (CAP Strategic Plans) and financed by the

European Agricultural Guarantee Fund (EAGF) and by the European

Agricultural Fund for Rural Development (EAFRD) and repealing

Regulations (EU) No 1305/2013 and (EU) No 1307/2013, as both in

force from time to time.

In these regulations, unless the context otherwise requires-

"the Act" means the Supplies and Services Act;

"beneficiary" means any natural or legal person, whether

public or private, receiving, or entitled to receive farm advisory

services;

"the Board" means the Farm Advisory Registration

Recognition Board set by regulation 4;

"certificate" means the certificate of recognition issued in

accordance with regulation 17;

"Chairperson" means the person appointed in accordance

with regulation 4 and having the responsibility to ensure that the

Board is functioning in accordance to law;

"competent authority" means the Agriculture and Rural

Payments Agency within the Ministry responsible for

agriculture;

FARM ADVISORY SERVICES

"expert advisor" means the qualified individual who shall

be providing the farm advisory services under these regulations;

"farm advisory system" means the regulatory framework

regulating farm advisory services;

"farm advisory service providers" means any natural or

legal person, whether public or private, providing farm advisory

service under the provisions of these regulations;

"main issue" means the issues listed in the second column

of Annex II of Regulation (EU) 1306/2013 and Annex III of

Regulation (EU) 2021/2115, as in force from time to time;

"person" means any natural or legal person, including

companies,

associations,

co-operatives,

trade

unions,

partnerships, or any other recognised legal form, whether public

or private;

"register" means the list of recognised entities which shall

be public and which shall include the information listed in

regulation 6(1);

"Registrar" means the person appointed in accordance with

regulation 5 and having the responsibility to keep and maintain

the Register in accordance with regulation 6;

"Regulations" means Regulation (EU) No 1306/2013 of

the European Parliament and of the Council of 17 December

2013 on the financing, management and monitoring of the

common agricultural policy and repealing Council Regulations

(EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC)

No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008, and

Regulation (EU) 2021/2115 of the European Parliament and of

the Council of 2 December 2021 establishing rules on support

for strategic plans to be drawn up by Member States under the

common agricultural policy (CAP Strategic Plans) and financed

by the European Agricultural Guarantee Fund (EAGF) and by

the European Agricultural Fund for Rural Development

(EAFRD) and repealing Regulations (EU) No 1305/2013 and

(EU) No 1307/2013, as in force from time to time;

"status report" means the annual report to be drawn up and

submitted by the farm advisory service provider in accordance

with the provisions of these regulation and in accordance with any

templates provided by the Board.

For the purposes of these regulations, the competent

authority shall be the Paying Agency as established by Regulation 3 of

the Paying Agency Regulations.

(1)

There shall be a board which shall be known as

the Farm Advisory Services Recognition Board.

(1A) The members of the Board shall be appointed by the

Permanent Secretary within the Ministry responsible for agriculture.

(1B) The Board shall be composed of five (5) members being

representatives from the Ministry responsible for agriculture, and one

(1) of whom shall be appointed as Chairperson.

(1C) The secretary to the Board shall be appointed by the

Head of the competent authority.

(2)

The secretary to the Board shall be a representative from

the competent authority who shall also act as Registrar and shall be

responsible for the register of the recognised farm advisory service

providers.

(3)

The Board shall assess applications for recognition and

shall decide in accordance with these regulations.

(4)

The Board shall instruct the Registrar to issue certificates

of recognition to applicants who meet the requirements in accordance

with regulation 17.

(5)

The Board shall instruct the Registrar to inform the

applicants that do not meet the requirements for recognition that their

application has been refused by means of a notification.

(6)

Where the Board decides that an applicant shall not be

issued with a certificate of recognition, the Board shall together with the

notification, provide a justification for its decision.

(7)

The Board shall notify its decision to accept or refuse an

application to the Registrar, within four (4) months from the date of

receipt of the complete application form

Provided that in the event that the Board requests further

information, documentation or clarification, the four (4) months shall

commence on the day when the last information, documentation or

clarification are submitted by the applicant to the satisfaction of the

Board.

(8)

The Board shall regulate its own procedure.

The Registrar shall be responsible for issuing the

certificate of recognition for keeping and maintaining the register and

shall note all recognitions, suspensions, cancellations, de-listings and

reinstatements in the register.

(1)

The Registrar shall keep the register with the

following information

(a)

the full name of the recognised farm advisory

service provider;

(b)

a unique reference number;

(c)

the date of recognition;

(d)

the name and surname of the representative of the

farm advisory service provider;

(e)

the contact information of the representative of the

farm advisory service provider; and

(f)

any other information as may be required by the

Board.

(2)

The list of recognised entities shall be made public and will

be updated regularly with any changes in the information. The Registrar

shall render the register public by publication in the Gazette and through

other media, as instructed by the Board. The Registrar shall provide

access to information relating to the register according to law.

Legal or natural persons who satisfy the eligibility criteria

set out in regulation 8 and who have been duly recognized, shall be

recognised as a farm advisory service providers and shall have, for the

whole duration of the recognition, a right to provide farm advisory

services in accordance with these regulations.

(1)

A farm advisory service provider shall not be

granted recognition in accordance with these regulations unless the

Board is satisfied that farm advisory service provider meets the criteria

for recognition established hereunder

(a)

evidence

of

conformity

with

all

applicable

legislation provisions;

(b)

evidence of technical and professional competence

to provide advisory services as provided in the Regulations, to

the satisfaction of the Board;

(c)

evidence of human resource, administrative and

organisational capacity to the satisfaction of the Board;

(d)

presentation of the advisory service’s business plan

for the approval of the competent authority;

(e)

evidence of commitment in accordance with

regulation 14(2)(j); and

(f)

where authorisation or license is required for the

provision of technical services, evidence of due authorisation or

license from the relevant competent authority for the provision of

such technical services shall also be required.

(2)

A farm advisory service provider shall not provide farm

advisory services unless recognised by the Board in accordance with

these regulations.

(3)

Applicants who disagree with the decision of the

recognition process shall within fifteen days (15) from when the

decision is issued have the right to appeal before the Administrative

Review Tribunal established by article 5(1) of the Administrative Justice

Act.

(1)

Recognised Farm Advisory Services Providers

shall provide advisory services to farmers or operators in the

agricultural sectors in the areas set out in the Regulations.

(2)

The Board shall recognise farm advisory services

providing advice on the areas referred to in Article 12(3) of Regulation

(EU) No 1306/2013 of the European Parliament and of the Council of

17 December 2013 on the financing, management and monitoring of

the common agricultural policy and repealing Council Regulations

(EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/

2000, (EC) No 1290/2005 and (EC) No 485/2008, and Article 15(4) of

Regulation (EU) No 2021/2115 of the European Parliament and of the

Council of 2 December 2021 establishing rules on support for strategic

plans to be drawn up by Member States under the common agricultural

policy (CAP Strategic Plans) and financed by the European

Agricultural Guarantee Fund (EAGF) and by the European

Agricultural Fund for Rural Development (EAFRD) and repealing

Regulations (EU) No 1305/2013 and (EU) No 1307/2013, as in force

from time to time.

(3)

The competent authority may communicate to the

recognised farm advisory service provider the categories of beneficiaries

who should be given priority access to the farm advisory service

provider in accordance with the applicable regulations.

(1)

The recognized farm advisory service providers

shall ensure that their advisors are trained regularly. Such training shall

include

(a)

the obligations arising from law in the relevant

advisory area or sub-area for which such advisors are recognised

and any changes thereto;

(b)

the information to be collected and provided in line

with standards to be set by the competent authority;

(c)

the manner of conducting on-site inspections in line

with standards to be set by the competent authority;

(d)

training on best practices in the relevant advisory

area or sub-area for which such advisors are recognised.

(2)

The Board may require evidence that such training is

provided effectively.

(1)

The Board shall not accept applications for the

provision of advisory services related to rules on cross compliance,

unless all requirements and standards for the main issues applied for are

provided comprehensively according to the Regulations.

(2)

The decision of the Board shall be based on rules on cross

compliance and, or conditionality according to the Regulations

Provided that the Board has to be satisfied that the

beneficiaries shall receive sufficient comprehensive advice in relation to

the specific main issues referred to in the Regulations.

An expert advisor shall not provide advisory services under

more than one farm advisory service provider during any given period of

time.

A farm advisory service provider may, at its discretion, use

the services and expertise of third party expert advisors. In any event

where the farm advisory service provider makes use of third party expert

advisors, the farm advisory service provider shall, for the purpose of this

engagement, enter into a written contract of service with such expert

advisors and shall send a copy of this contract to the Board, together with

the application form, for its approval, in accordance with these

regulations

Provided that expert advisors engaged under a contract of

service shall, for the duration of the recognition and with regard to the

beneficiaries and the Board, have the same status, rights and obligations

as expert advisors engaged with the farm advisory service provider under

a contract of employment.

(1)

Farm advisory service providers shall be eligible for

consideration for the purposes of recognition by the Board, following

their declaration of interest made by means of an application in the

format established by the competent authority.

(2)

The application for the recognition of farm advisory

services shall include all details as required by the Board. The competent

authority shall draw up and publish guidelines setting out in detail the

form and content of such applications, including documents and other

evidence required to demonstrate competency and eligibility as set out

hereinafter. Such details shall include

(a)

the particulars of the applicant;

(b)

the particulars of the expert advisor or advisors;

(c)

a clean police conduct certificate for all individuals

referred to in paragraphs (a) and (b) issued in the previous six (6)

months, or whenever requested during the duration of the

recognition, unless those individuals are public officers;

(d)

advisory area(s) and sub-areas as established in the

Regulations for which the applicant is seeking recognition;

(e)

a detailed organizational chart;

(f)

detailed Curriculum Vitae of advisors acting for the

farm advisory service provider together with any additional proof

of competency to perform the advisory services in the relevant

advisory area or sub-area;

(g)

evidence of special

recognition

for

areas

established in the Regulations;

(h)

a training plan;

(i)

a copy of contract of service for third party expert

advisors, if applicable;

(j)

declaration of commitment;

(k)

declaration of absence of conflict of interest;

(l)

proof of payment for the administrative fee as set

out in Schedule II;

(m)

any other information as may be requested by the

Board.

(3)

A farm advisory service provider shall not be recognised

more than once during any given period of time

Provided that in any case where the recognition of a farm

advisory service provider has been cancelled or de-listed, the farm

advisory service provider may re-apply for recognition under these

regulations. Such re-application for recognition may not be made before

the lapse of six (6) months from the date of cancellation or de-listing as

the case may be.

(4)

Upon receipt of a communication from the Registrar that

the entity may be recognised, the entity shall pay the administration fee

as established in the Schedule II. This administration fee shall not be

refundable.

(1)

The registered farm advisory service provider shall

ensure that the persons who appear under it , whether engaged under a

contract of employment or under a contract of service, shall be free

from any conflict of interest that may arise from their engagement.

(2)

When it appears to the Board that, notwithstanding the

declaration made pursuant to regulation 14(2)(k), the farm advisory

service provider or any person appearing on its behalf appears to have a

conflict of interest, the Board shall demand a clarification from the

registered farm advisory service provider before taking a decision.

The Board may seek clarifications from any person on any

of the matters referred to in these regulations at any time between the

submission of the application form until the expiration of the recognition.

(1)

The certificate of recognition shall contain the

following information

(a)

the name of the entity or other means of

identification;

(b)

the date of recognition;

(c)

the advisory area and, or sub-area;

(d)

the allocated recognition number.

(2)

Certificates issued to recognised farm advisory service

providers shall be valid for five (5) years from the date of recognition

and may be renewed by means of an official requests made in writing

by the same service providers.

(3)

Certificates of recognition shall be renewed only following

a written request by the farm advisory service provider. A request for

renewal shall include any documentation referred to in regulation 14 in

relation to which there have been material changes.

(1)

The Registrar shall, upon a written request by the

Board, notify the applicant of any other request for clarification, decision

or instruction including decisions to make any suspensions or withdrawal

of such recognition and clarification and any other action deemed

necessary by the Board. Notifications under this regulation shall,

whenever appropriate, be accompanied by a reasoned justification.

(2)

In any event where the farm advisory service provider

intends to add another advisory area to the one already recognized, or

intends to change to another advisory area or sub-area from the one

already recognized for, a new application for recognition needs to be

submitted in accordance with these regulations.

Recognised farm advisory service providers shall

(a)

adhere to any standards or guidelines published by

the competent authority during the term of their recognition; and

(b)

bear the responsibility for the correctness, validity

and reliability of the information and services provided to the

beneficiaries by their personnel as part of their engagement and

shall provide the Board with a signed declaration to this effect

when submitting the relevant recognition documentation, in

accordance with regulation 14.

Where the recognised farm advisory service provider

engages third party experts from outside of the farm advisory service

provider organization under a contract of service, the farm advisory

service provider shall remain solely liable towards the beneficiaries for

the whole of its obligations under the terms of engagement.

Status changes which materially effect the criteria upon

which the recognition was given shall be reported by the farm advisory

service provider to the Board within ten (10) working days either from

the day when such information is requested or from the day when such

changes should have become known by the provider, whichever date is

the earlier. The farm advisory service provider shall suspend its

operations until the Board approves in writing the changes requested.

(1)

The farm advisory service providers shall treat all

information obtained during the advisory activity as strictly

confidential and any personal data that such service providers may

process shall fully comply with the principles relating to the processing

of personal data pursuant to Article 5 of Regulation (EU) 2016/679 of

the European Parliament and of the Council of 27 April 2016 on the

protection of natural persons with regard to the processing of personal

data and on the free movement of such data, and repealing Directive 95/

46/EC (General Data Protection Regulation)

(2)

The obligations referred under sub-regulation (1) shall

continue to apply in the event that a farm advisory service provider

loses recognition or is de-listed from the registry

Provided that any personal data which is being processed

and is no longer necessary shall be erased by the farm advisory service

provider without undue delay.

The Board shall draw up an annual report concerning the

quality and effectiveness of advice given by the farm advisory service

provider in relation to breaches referred to in the on-the-spot checks.

(1)

Recognised farm advisory service providers and

expert advisors engaged by a registered farm advisory service provider

under a contract of service shall ensure reasonable access to members or

persons authorised by the Board for the purposes of carrying out

inspection to ascertain compliance with these regulations and to verify

the accuracy of any information provided or any declaration made by the

recognised farm advisory service provider.

(2)

The registered farm advisory service provider shall

cooperate with any lawful requests by the Board or by any other lawfully

appointed body for the provision of data and any other information

regarding the implemenation of the farm advisory service.

(3)

The registered farm advisory service provider shall, by not

later than the 31st of January of the following year, provide the Board

with a yearly status report on the farm advisory services activities carried

out, including activities carried out by any outsourced experts, in the

preceding calendar year. This report shall be signed by the legal

representative of the recognised farm advisory service provider.

(1)

The Board has the right to cancel any certificate of

recognition granted to a farm advisory service provider as an entity or, as

an individual within the entity, when the holder of that certificate or any

level advisor or inspector engaged by a recognised farm advisory service

provider under a contract of service is in breach of these regulations and

no longer satisfies the criteria for recognition

Provided that in any event where the Board considers the

breach to be minor or inconsequential, it may, at its sole discretion, grant

the recognised farm advisory service provider time to regularise its

position before the cancellation of the recognition is effected.

(2)

The Board shall cancel any certificate granted under the

provisions of these regulations when the holder of that certificate

(a)

is found guilty in any proceeding by a court of law

of any criminal offence under Part II of Chapter 9 of the Laws of

Malta; or

(b)

has been deemed by the Board, to have

consistently failed to deliver services in line with the quality and

standards required by the competent authority;

(c)

has been deemed by the Board to have knowingly

submitted misleading or false information;

(d)

has failed to provide the necessary documentation

or evidence as requested by the Board within one (1) month

from the request or within any other period as determined by the

Board;

(e)

has not provided services to farmers and has failed

within one (1) month of being requested in writing by the Board

to provide evidence to the contrary, to provide such evidence to

the satisfaction of the Board.

Provided that where the Board determines that (a) or (c)

have been committed by an expert advisor engaged by such Farm

Advisory Service provider, in a manner which also involves the

intentional or negligent conduct on the part of the Service provider, the

Board may, at its absolute discrection, cancel also the certificate granted

to the Farm Advisory Service provider. This is without prejudice to

other legal remedies that the Board may pursue in accordance to law.

(3)

For the purposes of applying regulation 25, the Board shall

have the competence to determine the gravity of any offence, breach of

law or failure, as well as to determine the requisite standard of diligence

and quality of work required by the recognised farm advisory service

provider.

(4)

The Board may cancel any certificate granted under the

provisions of these regulations in any case where, in the opinion of the

Board, the farm advisory service provider is failing to provide a quality

service.

(5)

The Board may only take a decision to cancel a

recognition after it has notified the farm advisory service provider of any

finding of any facts that may amount to an offence, breach of law and

after it has given the farm advisory service provider adequate

opportunity to make own submissions, in accordance with the principles

of natural justice.

(6)

Any legal or natural person whether public or private who,

for the purposes of obtaining the certificate of recognition, 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 two thousand and three hundred and thirty euro

(€2,330). This is without prejudice to any other remedy that may be

sought under law.

Schedule I

Category of Advisory Areas

Repealed by Legal Notice 189 of 2024.

Schedule II

Fees

Schedule of Fees for Recognition for Farm Advisory Services

The following fees shall apply for recognition of Farm Advisory

entities

€

Admin Fee (Application)