CIRCULAR ECONOMY MALTA (ESTABLISHMENT) ORDER

SUBSIDIARY LEGISLATION 595.28

CIRCULAR ECONOMY MALTA

(ESTABLISHMENT) ORDER

24th August, 2018

LEGAL NOTICE 286 of 2018, as amended by Legal Notice 312 of

2020 and 256 of 2021.

The title of this order is the Circular Economy Malta

(Establishment) Order.

In this order, unless the context otherwise requires –

"Act" means the Public Administration Act;

"Agency" means Circular Economy Malta established by this

order;

"Agency Agreement" means the Agreement as provided for in

article 9;

"Minister" means the Minister responsible for the environment;

"Permanent Secretary" means the Permanent Secretary in the

Ministry responsible for the environment.

(1) There is hereby established an Agency, to be known as

Circular Economy Malta, which shall carry out the functions and

duties of the public administration in the following matters

(a)

to foster a transition towards, and implement

measures, for the growth and development of the circular

economy;

(b)

to promote, manage and implement measures,

projects and initiatives that support the transition to a more

circular economy;

(c)

to promote, manage and implement measures,

projects and initiatives that support enhanced resource

productivity, lengthening the resource life cycle and the

retention of materials in the economy for a longer period of

time;

(d)

to provide the right climate for efficient,

effective, convenient, accessible and reliable circular economy

action;

(e)

to develop and propose schemes that focus on

selected resources to promote their better management,

productivity and foster resource aggregation;

CIRCULAR ECONOMY MALTA (ESTABLISHMENT) ORDER

(f)

to ensure that, where applicable, government’s

policy and regulatory frameworks are more aligned to

circularity principles;

(g)

to promote the development of secondary

markets for end of life resources;

(h)

to promote a transition towards more

sustainable production and consumption patterns in both

products and services;

(i)

to increase the attractiveness of research and

innovation in the sector as well as the piloting of new

approaches towards resource recovery and use;

(j)

to promote the eco-design of products to

increase their durability, repairability and upgradability;

(k)

to foster public education and awareness

initiatives on the appreciation of the potential of the circular

economy to contribute towards sustainable development;

(l)

to promote collaboration that could positively

contribute towards the transition to a more circular economy;

(m)

to adopt, or where not available, establish

indicators that permit the measurement of progress achieved in

the transition to a more circular economy;

(n)

to advise the Minister on measures or new

initiatives relating to the circular economy;

(o)

to conduct market sector or sub-sector studies

in order to determine the feasibility of promoting circular

concepts and initiatives;

(p)

to promote research and innovation of aspects

related to the circular economy;

(q)

to provide or develop training programmes in

relation to the above;

(r)

to conduct market studies to determine whether

there are any structural failures that are impeding circular

actions and propose corrective or support measures thereto;

(s)

to issue, renew, amend, vary, suspend or revoke

any authorisation or licence that may be required by any law;

(t)

such other matters which are ancillary,

incidental or consequential to the matters stipulated above as

the Minister may from time to time determine and;

(u)

the general regulation of its own procedures,

provided it does not violate the provisions of any other law.

(1)

The Minister responsible for the Agency shall

be the Minister responsible for the environment.

(2) The Permanent Secretary in the Ministry responsible for

the environment shall supervise the Agency in terms of article 29 of

the Act

Provided that the Prime Minister may assign the

responsibility of the Agency to another Minister and its supervision

to the Permanent Secretary of that Ministry.

(1)

The Agency shall, in consultation with the

Minister, establish and re-organise units, divisions and sections as

appropriate in order to exercise its functions.

(2) The operations of the Agency shall follow an Agreement

which is to be agreed upon in writing between the Permanent

Secretary and the Agency.

(1)

Subject to the other provisions of this order, the

executive conduct of the Agency, its administration and organisation

and the administrative control of its officers and employees, shall be

the responsibility of a Chief Executive, who shall be appointed by the

Minister.

(2) The Chief Executive shall be responsible for the

implementation of the objectives of the Agency in the exercise of its

functions and, without prejudice to the generality of the foregoing, he

shall –

(a)

assume full responsibility for the overall

supervision and control of the units, divisions and sections;

(b)

assign to each unit, division and section such

duties which he considers necessary or expedient;

(c)

co-ordinate the work of the units, divisions and

sections;

(d)

develop the necessary strategies for the

implementation of the objectives of the Agency; and

(e)

perform such other duties as the responsible

Minister may assign to him from time to time.

(1)

Public officers deployed with the Agency shall

be deemed to be detailed with the Agency in accordance with article

33 of the Act.

(2)

Subject to the provisions of the Act and of any other

legislation, the Agency shall have authority to engage its own

employees.

The Agency shall be governed by the provisions of the

Public Finance Management Act unless otherwise stated in the

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

performance agreement which is to be agreed between the Permanent

Secretary and the Agency. The provisions of article 30 of the Act

shall apply.

(1)

The Minister may establish an Advisory Board

to assist the Chief Executive Officer in the discharge of his duties.

(2) The Advisory Board established under this article shall

be chaired by the Chief Executive Officer and shall consist of not less

than two and not more than four members appointed by the Minister.

(3) The remuneration paid to members of the Advisory

Board shall be in accordance with the directives and guidelines

issued by the Agency from time to time.