GOLDSMITHS AND SILVERSMITHS REGULATIONS

SUBSIDIARY LEGISLATION 46.01

GOLDSMITHS AND SILVERSMITHS

REGULATIONS

1st April, 2004

LEGAL NOTICE 147 of 2004, as amended by Legal Notices 181 and 186

of 2006, 407 of 2007, 105 of 2008, 426 of 2012 and Act VII of 2021.

The title of these regulations is the Goldsmiths and

Silversmiths Regulations.

The minimum nominal standards referred to in regulation 4(2) shall be equal to the

standards of fineness shown below

Precious Metal

Minimum Standard of Fineness

Gold

Silver

Platinum

Palladium

(1) A precious metal alloy in a precious metal article must

have a standard at least equal to the standard imprinted on the said

alloy.

(2) Precious metals in a precious metal article must be soldered

using an alloy of the same standard of fineness and of the same

precious metal as the rest of the articles except when this is not

technically possible, in which case soldering can be carried out

using an alloy of a lower standard of fineness or another material.

(3) No solder may be used in a quantity that is greater than the

necessary for joining and in no case shall solder be used for

strengthening, weighting, filling or otherwise.

(4) In the case of filigree, small links and other similar minute

works, the standard of fineness may, taking the solder into account,

reach a margin inferior to the imprinted standard by not more than

ten millesims.

NOMINAL STANDARDS OF FINENESS IN THE MANUFACTURER’S OR

SPONSOR’S HALLMARK AUTHORISED BY THE CONSUL

Precious metals and their alloys

Nominal Standard of Fineness

(parts per thousand)

Gold

Silver

Platinum

Palladium

Without prejudice to any of the provisions of the

Goldsmiths and Silversmiths Act, hereinafter refered to as "the

Act" a precious metal article weighing more than one gram may not

be placed on the market without a manufacturer’s or sponsor’s

hallmark or an office hallmark.

FlNENESS MARK SURROUNDS IN MANUFACTURERS’ OR SPONSORS’

HALLMARKS AUTHORISED BY THE CONSUL

1. The surround specific to each precious metal referred to in regulation 6(c)

and which must surround the standards of fineness of the precious metals referred to

in the Second Schedule are indicated below

Gold

Silver

Platinum

Palladium

2. The standard of fineness must be indicated withiri these surrounds along the

axis of the dashes.

3. The imprint of these surrounds must be immediately preceded by an adjacent

appropriate rnanufacturer’s or sponsor’s mark set in an independent surround.

(1) Office hallmarks, manufacturers’ and sponsors’ marks

or hallmarks must be visible, legible and durable.

(2) The minimum nominal standards for precious metal articles

shall be equal to those given in the First Schedule.

(3) An office hallmark shall comprise marks and characteristics

that identify the body applying it.

The impressions in the Consul’s Office Hallmark

The impressions in the Consul’s Office ]allmark shall be as reproduced hereunder

(1)

For Gold Articles - Standard of Fineness 916, 750

(2)

For Gold Articles - Standard of Fineness 585, 375

(3)

For Silver Articles - Standard of Fineness 959, 925, 830, 800

(1) Any person assigned a manufacturer’s mark authorised

by the Consul may utilise his mark as a sponsor mark and likewise

any person using a sponsor’s mark authorised by the Consul may

utilise this mark as a manufacturer’s mark.

(2) Manufacturers’ and sponsors’ marks authorised by the

Consul shall correspond with those recorded in the appropriate

Consul’s register referred to in regulation 20 and physically

imprinted in accordance with regulation 21.

Amended by

L.N. 426 of 2012.

Form of ticket to be filled in under regulation 9(6)

Form S

No. ........................

Note of articles presented today by the undersigned to the Consul for verification of

fineness and for stamping in accordance with the Goldsmiths and Silversmiths Act.

(1)

Description of articles ........................................................................

(2)

Type of Precious Metal .......................................................................

(3)

Weight ...............................................................................................

(4)

No. of articles .....................................................................................

(5)

Fineness Standard requested ...............................................................

(6)

Description of extraneous non precious rnetal material, if any .............

(7)

Declaration by manufacturer or sponsor

I hereby declare that I am responsible for the homogenity of the

precious metal alloy making up these articles in accordance with the

Act and that I am aware of all the consequences to which, according to

law, I may be liable if this declaration is found to be incorrect.

(8)

Name of manufacturer/sponsor ...........................................................

(9)

Address of manufacturer/sponsor ........................................................

(10) Description of manufacturer’s/sponsor’s mark ....................................

(11) Body authorising manufacturer’s/sponsor’s mark ................................

(12) Authorisation of Representative

I hereby authorise ...............................................................................

Legally valid identification document number ...................... or Passport

Number ................... to act on my behalf with respect to any and all

provisions in the Act and regulations thereunder.

Signature of Manufacturer/Sponsor

Date

(13) Particulars of Manufacturer/Sponsor/Authorised

Representative

submitting the articles to the Consul’s Office.

Name ............................................................................................

Legally valid identification document number or Passport No. .............

Signature ...................................

Date ............................................

(14) Receipt by Consul’s Office

I have today received the above articles for imprinting by the Consul’s

Office hallmark

Receiving Officer

Date

(15) Collected from Consul’s Office

I have today collected the above articles from the Consul’s Office

Name .................................................................

Legally Valid Identification Document or Passport No. ...........................

Signature ..................................

Date .........................................

Without prejudice to any other regulation, manufacturers’

and sponsors’ hallmarks authorized by the Consul, shall

exclusively consist of a manufacturer ’s or sponsor ’s mark as

provided in regulation 5 and a standard mark that shall -

(a) be a finesse mark;

(b) correspond to one of the nominal standards set out in

the Second Schedule;

(c) have a separate surround that is specific to gold, silver,

platinum and palladium respectively as indicated in

the Third Schedule;

(d) be imprinted so as to be immediately preceded by the

imprint of the appropriate manufacturer’s or sponsor’s

mark.

FORM C

No ...................................

Note of articles collected by the Consul in pursuance of the Goldsmiths and

Silversmiths Act.

Address of trading, manufacturing or imprinting locality from where articles have

been collected .......................................................................................................

Particulars of custodian of collected articles ..........................................................

Description of articles including stones (if any) .....................................................

Date .............................

Signature of Consul

Signature of Witnessing Officer

(1) The manufacturer’s mark and the fineness mark in the

manufacturer’s hallmark authorised by the Consul shall both be

imprinted by the manufacturer and the sponsor ’s mark and the

fineness mark in the sponsor’s hallmark authorised by the Consul

shall likewise be both imprinted by the sponsor.

(2) No manufacturer or sponsor authorised by the Consul to

imprint the manufacturer ’s or sponsor ’s mark may imprint the

fineness mark referred to in the Second and Third Schedules

without preceding their imprint by the imprint of the respective

manufacturer’s or sponsor’s mark authorised by the Consul.

(3) No person may imprint a precious metal article with the

manufacturer’s or sponsor’s mark or hallmark authorised by the

Consul if such a precious metal article is already imprinted with

either -

(a) a manufacturer’s or sponsor’s hallmark or an office

hallmark;

(b) a standard or standard mark that differs from the

standard expressed in the hallmark that the person may

intend to imprint on the article;

(c) any mark or imprint that is in contravention of the Act.

Substituted by

L.N. 407 of 2007.

FORM OF TICKET TO BE ISSUED BY THE CONSUL ON WIEGHING AND

VALUING OF JEWELLERY UNDER REGULATION 26(4) OF THE

GOLDSMITHS AND SILVERSMITHS ACT

OFFICE OF THE CONSUL FOR

No. .................................

GOLDSMITHS AND SILVERSMITHS

Date ................................

46, Merchants Street, Valletta

Name ....................................................................................................................

Address ................................................................................................................

I, the undersigned, Consul for Goldsmiths and Silversmiths, do hereby declare to

have this day weighed and valued the following articles, under the provisions of the

Goldsmiths and Silversrniths Act.

Description of Articles: .........................................................................................

QUALITY .......................................... STANDARD OF METAL .........................

WEIGHT OF METAL: EXACT/APPROX/GROSS ............................ GRAMMES

L

VALUE

................................................... euro ..................................................... cents

FEE PAID

Consul for Goldsmiths and Silversmiths

(1) The Consul’s office hallmark shall only be applicable

to gold and silver articles.

(2) Notwithstanding any other provision in these regulations

the Consul’s office hallmark for gold and silver articles shall be as

follows

(a) in the case of gold articles having a standard of

fineness of 916 or 750, the said hallmark shall consist

in the impression of the mural crown with sally port

embattlements turreted by eight octagonal turrets, and

for gold articles having a standard of fineness of 585

or 375, said hallmark shall consist of the impression of

the shield of Malta; these impressions shall moreover

be immediately followed by adjacent numerals

representing that appropriate standard of fineness of

the gold alloy;

(b) the imprint for silver articles shall be the impression of

a Maltese cross immediately followed by an adjacent

number 959, 925, 830 or 800 as the case may be

representing the standard of fineness of the silver

alloy;

(c) a mark indicating the period of the imprinting of the

gold or silver article may also be affixed. This imprint

may bear such combination of two letters of the

alphabet in small cursive script as may from time to

time be determined by the Consul;

(d) the impression referred to in paragraphs (a) and (b)

shall be as given in the Fourth Schedule.

Substituted by

L.N. 407 of 2007.

FEES

(1) For the imprinting of precious metal articles with the Consul’s Office

Gold Articles: 1% of the value of the precious metal content as established

in accordance with article 14 of the Act.

Silver articles: 5% of the value of the precious metal content as established

in accordance with article 14 of the Act or L0.02 per article,

whichever is the greatest.

(2)

(a) For the Consul’s authorisation for the use of manufacturers’ or sponsors’

Hallmarks: L230 on the day of registration and on each anniversary

thereafter unless the manufacturer or sponsor informs the Consul in

writing within thirty days prior to the date of renewal of his renunciation

of the Consul’s authorization to apply the aforementioned hallmark.

(b) In default of payment of the fee referred to in subparagraph (a) hereof

within three months from the date such fee falls due may entail

prosecution under article 17 of the Act and, or suspension of the

Consul’s authorisation to apply the manufacturer ’s or sponsor ’s

hallmark concerned.

(3)

For the valuation of precious metal articles by the Consul

(a) For valuations up to L120 ............................................................ L1.15

(b) For valuations of L121 up to L235 ............................................... L2.30

(c) For valuations of and above L236 .......................... 1% of the valuation.

(4) For the carrying out of an industrial assay on an unworked homogenous gold

or silver alloy: L6.95 per submitted sample.

(1) Only manufacturers or sponsors in possession of a

manufacturer ’s or sponsor ’s mark or their respective delegated

representatives may present precious metal articles to the Consul

for imprinting.

(2) Unless the manufacturers’ or sponsors’ marks referred to in

sub-regulation (1) hereof are authorised by the Consul,

documentary evidence shall be furnished indicating due

authorization.

(3) Only precious metal articles shall be accepted by the

Consul for imprinting with the Consul’s Office hallmark.

(4) No precious metal article shall be accepted for imprinting

by the Consul if -

(a) it is already marked in accordance with the marks

indicated in article 4(iii) of the Act;

(b) it is exempted from imprinting under the provisions of

article 5 of the Act;

(c) it does not bear the manufacturer’s or the sponsor’s

mark of the manufacturer or sponsor submitting the

articles;

(d) the said articles bear a standard mark that differs from

the standard as indicated in Form S referred to in the

Fifth Schedule or from the prescribed standards of the

Consul’s office hallmark;

(e) it is in any way in contravention of any of the

provisions of the Act.

(5) A manufacturer or sponsor may for the purpose of this

regulation delegates in writing a person approved by the Consul, to

attend on the Consul, provided also that the Consul does not require

the personal attendance of the manufacturer or sponsor.

(6) The person submitting precious metal articles to the Consul

for imprinting shall at the same time submit in duplicate a ticket in

the form set out in aforementioned Form S in the Fifth Schedule

signed by the manufacturer or the sponsor and where appropriate

by their respective representatives. This form shall contain a

declaration by the manufacturer or sponsor submitting the precious

metal article in which the said manufacturer or sponsor assumes

responsibility for the homogeneity of the precious metal articles.

(7) The Consul may, in writing and subject to any such

limitation as he may think fit, delegate any of the duties referred to

in this regulation to any officer serving in the Consul’s office.

(8) The Consul or any public officer whom he delegates, on

receiving the articles in accordance with sub-regulation (6), shall

verify their weight and number, shall append his signature to the

tickets and shall deliver one copy to the person presenting said

articles.

(1) The Consul shall carry out as many assays as he deems

necessary for the purpose of ascertaining the standard of the

precious metal articles presented for imprinting.

(2) The Consul may at his discretion extract from one or more

parts of any article or any group of articles presented for imprinting

any such quantity of metal as is required and should take care to

cause least the possible damage by the said extraction.

(3) The Consul shall extract samples for assaying either by a

random selection of one or more specific articles or by a process of

extraction of small quantities of metal from several articles as he

deems appropriate.

(4) The Consul shall return the article in the state it is found

after the assay. No compensation will be due for any damage

resulting from the extraction of the sample in accordance with the

provisions of this legislation.

(1) The assay of gold alloys shall be carried out by the

cupellation process and the assay of silver alloys shall be carried

out by a chemical process.

(2) In cases where the Consul deems that it is not technically

possible to extract sufficient sample to carry out an assay, testing of

precious metal articles or groups thereof, shall be made by the use

of the touchstone and gold or silver points of standard known to the

Consul.

(1) The Consul shall keep a register in which he shall

enter the relevant particulars stated in the Form S in the Fifth

Schedule presented with the article to be imprinted. When the assay

is completed, the Consul shall register his declaration of this result

and the date of such declaration.

(2) The Consul’s entries referred to in sub-regulation (1) shall

not be accessible to the public.

(3) The Consul shall be responsible for damages if it shall be

proved that articles imprinted by him are found to be inferior by

more than three millesims, to the standard of fineness required for

the imprinting in accordance with regulation 2.

(1) The result of the assay carried out by the Consul on a

precious metal article or on a group of such articles carried out in

accordance with these regulations shall be considered as applicable

to all the items referred to in Form S in the Fifth Schedule.

(2)

Subject to the provisions of regulation 2(4) -

(a) the Consul shall imprint an article with a fineness

mark equal to or immediately inferior to the standard

found as a result of the assay;

(b) precious metal articles found to be inferior in standard

to the lowest standard prescribed for the Consul’s

office hallmark shall be destroyed;

(c) precious metal articles imprinted with a standard mark

before being submitted to the Consul and found by the

Consul to be inferior to the said standard, shall be

destroyed;

(d) the imprinting of a precious metal article with a

standard inferior to that claimed in Form S of the Fifth

Schedule or the breaking up of said article shall not

take place prior to the lapse of ten working days from

the date on which the declaration of the Consul to such

effect shall be communicated to the manufacturer or

sponsor or their authorized representatives as the case

may be;

(e) the provisions referred to in paragraph (d) may be put

into effect before the lapse of such ten working days

provided the manufacturer or sponsor or their

authorised representative so agrees.

(1) If the manufacturer or the sponsor or the authorised

representative, as the case may be, is not satisfied with the Consul’s

decision that the submitted precious metal article is inferior in

standard either to -

(a) the standard claimed in Form S of the Fifth Schedule;

or

(b) any of the standards prescribed for the Consul’s office

hallmark; or

(c) any standard that may be imprinted on the said article

prior to submission to the Consul for imprinting,

he may, within not more than seven days from the day on which the

decision of the Consul is communicated to him, request the

Minister responsible for the Authority for the carrying out of a

second assay provided he deposits in the office of the Consul two

hundred and thirty euro (230).

(2) When a request and deposit for a second assay is made, the

Minister responsible for the Authority shall direct the Consul to

further suspend the imprinting or breaking of any article as the case

may be until the lapse of eight days, from the date on which the

result of the second assay has been communicated to the person

who shall have asked for the second assay.

(3) The second assay shall be carried out in the presence of the

person applying for it, if he so requires, and it shall be conducted by a

Board made up of a professor of Chemistry in the University of Malta

or some other expert designated by the Minister responsible for the

Authority, in either case assisted by the Consul and by an experienced

artificer also appointed by the Minister responsible for the Authority.

(4) The result of the second assay shall be entered in the

Consul’s register and shall be signed by all the members of the

Board and by the Consul.

(5) When the result of the second assay which is carried out by

the Board in accordance with sub-regulation (3) shows that the

Consul’s assay result was erroneous, the Minister responsible for

the Authority shall direct the Consul to reimburse the deposit of

two hundred and thirty euro (230) indicated in sub-regulation (1)

and shall furthermore direct the Consul to proceed with the

imprinting of the said article in accordance with the result of the

second assay.

The result of the second assay carried out in accordance

with the provisions of these regulations shall be final unless such a

result is challenged by a sworn application before the competent

Court within eight days from the date on which the result of the

second assay shall have been communicated to the person asking

for such a second assay, in which case the Minister responsible for

t h e Au t h o r i t y sh a l l a ga i n d ir e c t t h e Co n s ul t o s u s pe n d t he

imprinting or the breaking of the article as the case may be until the

Court judgement on such a challenge becomes final.

When criminal proceedings are instituted against a

manufacturer or sponsor in accordance with article 12 of the Act,

t h e b r e a k i n g u p o f th e a r ti c l e f o u nd t o c on c e a l ex t r a n e o u s

substances or not found to be of a homogenous substance shall not

take place before the judgement of the Court in such proceedings

has become final.

The imprinting of the Consul’s Office Hallmark shall be

subject to the fees given in the Eighth Schedule.

(1) The Consul shall assign a manufacturer’s or sponsor’s

mark to any citizen of Malta or of a Member State of European

Union provided that such a person -

(a) submits a written application for such a mark;

(b) is eighteen years old, of good conduct and can read

and write;

(c) satisfies the Consul that he has knowledge of the

alloying of metal;

(d) passes any interviews and or test and furnishes any

qualifications that the Consul may deem necessary in

order to establish the requirements of paragraph (c);

(e) furnishes the address of the location where he intends

to manufacture or imprint precious metal articles and

undertakes to inform the Consul in writing of any

changes in the aforementioned location;

(f)

furnish any documents or information as may be

required for the purposes of this Act.

(2) The assignment of an authorised manufacturer’s or

sponsor’s mark by the Consul shall -

(a) not authorise the manufacturer or sponsor to imprint

the manufacturer’s or sponsor’s hallmark;

(b) not be subject to any fee;

(c) be without prejudice to any manufacturing, sponsoring

or patenting legislation.

(1) The Consul shall authorise any person to imprint the

manufacturer’s or sponsor’s hallmark provided that such a person

(a) submits a written application for such authorisation;

(b) is in possession of a manufacturer’s or sponsor’s mark

assigned by the Consul as provided in regulation 18;

(c) signs a declaration stating that he is aware of his

responsibility under the Act;

(d) declares, where applicable, the location where

manufacturing, imprinting and storage of hallmarked

items is to take place and undertakes to inform the

Consul in writing of any changes in these locations;

(e) furnishes any documents or information as may be

required for the purposes of these regulations.

(2) The Consul’s authorisation for the imprinting of a

manufacturer’s or sponsor’s hallmark shall

(a) be subject to a fee as per the Eighth Schedule;

(b) be without prejudice to any manufacturing, sponsoring

or patenting legislation;

(c) be without prejudice to the manufacturer’s or

sponsor’s right to submit his product to the Consul for

imprinting with the Consul Office Hallmark in

accordance with the provisions of these regulations.

(3) Authorisation for the imprinting of the manufacturer’s or

sponsor’s hallmark may be suspended pending the competent Court

decision should the Consul determine that the manufacturer or

sponsor concerned is in breach of any of the provision of the Act.

Furthermore, should the competent Court awards against the

manufacturer or sponsor concerned, the Consul may further

permanently revoke the said authorisation or suspend it for a period

of not less than three months as from the date of the Court’s

decision.

The Consul shall keep a register which shall contain

(a) an exact description of the form and content of the

manufacturer’s and sponsor’s mark authorised and

assigned by the Consul;

(b) the particulars of the person authorised to use the

marks referred to in paragraph (a) and the date of such

authorisation;

(c) where applicable, an indication that the registered

person in paragraphs (a) and (b) is further authorised

to use a manufacturer’s or sponsor’s hallmark

authorised by the Consul, the date of such

authorisation and its current status.

No person may make use of any imprinting tools that apply

an imprint of the manufacturer’s or sponsor’s mark authorised by

the Consul before physically depositing the first impression of this

tool on an appropriate metal plate held in the custody of the Consul.

Manufacturers’ marks assigned by the Consul in

accordance with the provisions of the Ordinance as in force before

the coming into force of the Act shall be deemed to be

manufacturers’ or sponsors’ marks authorised by the Consul and

subject to the same provisions of the Act provided that their imprint

is deposited with the Consul on or after the coming into force of the

Act and provided also that this imprint and use thereof is in

conformity with all the provisions of the Act.

(1) The Consul shall not collect any articles during the

course of an inspection unless accompanied by a witnessing officer.

(2) The witnessing officer referred to in sub-regulation (1)

shall be any person authorised by the Consul for this purpose.

(3) Prior to collection of any items during an inspection, the

Consul must compile Form C set out in the Sixth Schedule. Such a

form shall be completed in duplicate and a copy thereof shall be

handed over to the custodian of the collected articles at the locality

of collection and the original form shall be retained by the Consul.

(1) The Consul shall examine the collected articles in

order to determine compliance with the Act. This examination may

include the extraction of a sample or samples for the carrying out of

any assay by the Consul, which extraction may result in the partial

or complete destruction of the collected items under examination.

(2) The Consul shall keep a register showing a record of all

articles collected during inspection and a signed statement

indicating the compliance or non-compliance of such collection

with the provisions of the Act. In cases where the Consul

determines that the aforementioned items are not in compliance

with the provisions of the Act, the Consul shall enter the reason for

this non-compliance.

(3) Articles referred to in sub-regulation (1) that have been

found by the Consul to be in compliance with the Act shall be

returned to their custodian or owner in the state in which they have

been found after any assay that may have been carried out.

(4) Articles referred to in sub-regulation (1) found by the

Consul not to be in compliance with this Act, shall be delivered to

the Commissioner of Police in the state in which they have been

found after the examinations referred to in sub-regulation (1)

together with a report indicating any reason for the aforementioned

non-compliance.

The official prices of gold and silver shall be based on the

latest international prices as officially published by the Central Bank

of Malta and converted from troy ounces to grams using the

conversion rate established in Directive 80/181/EEC.

(1) The Consul shall value gold or silver precious metal

articles and shall base the valuation on the price of gold and silver

referred to in regulation 25.

(2) The Consul shall value approximately gold or silver

precious metal articles containing diamonds or other precious

stones and shall base his valuation on the price of gold and silver

referred to in regulation 26 and on the market price prevailing on

the date of the valuation.

(3) Before making any valuation the Consul shall weigh the

precious metal article and test the fineness of the metal. If any gold

or silver articles presented for valuation contain or are attached to

stones and other materials which cannot be detached without

considerable damage the Consul may calculate the approximate

weight of precious metal and issue an approximate valuation.

(4) When a precious metal article has been valued the Consul

shall issue, from a counterfoil book, a ticket in the form set out in

the Seventh Schedule, which ticket may contain any further

particulars that the Consul may consider necessary for the purposes

of the valuation.

(5) The Consul shall be responsible for the accuracy of the

weight and value stated in the ticket referred to in sub-regulation

(4).

(6) The Consul’s valuation shall be subject to the fee indicated

in the Eighth Schedule.