AGRICULTURE CONSULTATIVE COUNCIL REGULATIONS

REGULATIONS

SUBSIDIARY LEGISLATION 639.02

AGRICULTURE CONSULTATIVE COUNCIL

REGULATIONS

11th October, 2022

LEGAL NOTICE 248 of 2022.

The title of these regulations is the Agriculture

Consultative Council Regulations.

In these regulations, unless the context otherwise

requires

"Act" means the Supplies and Services Act;

"Chairperson" means the Chairperson of the Agriculture

Consultative Council and includes, in the circumstances listed

in regulation 4, the Deputy Chairperson or any other person

appointed to act as Chairperson;

"Council" means the Agriculture Consultative Council as

established by virtue of regulation 3;

"holding" means all the units used for agricultural

activities and managed by a farmer;

"Minister"

means

the

Minister

responsible

for

agriculture;

"sectorial leading representative" means the member

appointed in accordance with regulation 4 to represent the

individual agricultural sector on the Council who shall lead the

ad hoc committee and, or the sector most closely related to the

matter or issue being discussed by the committee; and

"young farmer" means a natural person under the age of

forty (40) years having the appropriate training or skills

required who is recognized as being the head of the holding.

There shall be established a Council to be known as the

Agriculture Consultative Council, which shall be an advisory body

providing a forum for consultation and dialogue between the

representatives of the various sectors of agriculture and the

Government, and advising the Government through the Minister on

issues relating to

(a)

agriculture,

horticulture,

floriculture

and

viticulture;

(b)

breeding and rearing of livestock;

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(c)

keeping of bees;

(d)

processing of agricultural products; and

(e)

formulation and implementation of sustainable

agricultural policies.

(1)

The Council shall be composed of the following

members

(a)

a Chairperson with proficient knowledge,

competence and experience in the agricultural sector, appointed

by the Minister;

(b)

the Director of Agriculture, ex officio;

(c)

one (1) person representing the Permanent

Secretary in the Ministry responsible for agriculture, ex

officio;

(d)

ten (10) persons, who shall be sectorial leading

representatives, each with professional qualifications or

technical expertise, knowledge and, or experience in different

individual agricultural sectors, appointed by the Minister as

follows

(i)

one (1) representative of the dairy livestock

sector;

(ii)

one (1) representative of the swine sector;

(iii)

one (1) representative of the sheep or goat

sector;

(iv)

one (1) representative of the poultry sector;

(v)

one (1) representative of the rabbit sector;

(vi)

one (1) representative of the apiculture

sector;

(vii)

one (1) representative of the vine sector;

(viii) one (1) representative of the tomato

processing sector;

(ix) one (1) representative of the fruit and

vegetable sector; and

(x)

one (1) representative of the intensive

cultivation sector

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Provided that at least two (2) of the members appointed

in accordance with this sub-paragraph shall be young farmers

Provided further that another two (2) of the members

appointed in accordance with this sub-paragraph shall be of the female

gender.

(2)

The members referred to in sub-regulations 1(a) and (d)

shall hold office for a period of three (3) years, renewable every year

upon their satisfactory contribution. The members so appointed shall

be eligible for reappointment for a further term or terms on the

expiration of their term of office

Provided that the members, excluding those appointed ex

officio, shall not be reappointed for more than three (3) consecutive

terms.

(3)

The Chairperson appointed in accordance with sub-

regulation 1(a) shall also lodge his nomination to be elected as a

member of the Civil Society Committee representing the agriculture,

rural and fisheries sector as provided for under regulation 3(2)(g) of

the Malta Council for Economic and Social Development Act (Civil

Society Committee) Regulations.

(4)

The Minister may designate one (1) of the members as

Deputy Chairperson, and the member so designated shall have all the

powers and perform all the functions of the Chairperson during his

absence, inability to act as Chairperson, or while the Chairperson is on

vacation or during any vacancy in the office of the Chairperson

Provided that, where the Chairperson’s absence is

permanent or is such so that the functioning of the Council is affected,

the Minister may appoint any other person as Chairperson and in such

case the foregoing provisions shall apply in respect of such person.

(5)

Subject to the provisions of this regulation, the office of a

member of the Council shall become vacant

(a)

on the expiration of the member's term of office;

or

(b)

on the resignation of the member; or

(c)

where, for any other reason, the member ceases to

hold office, or if being a chosen member due to his

representative state, the member stops holding that

representative state; or

(d)

due to the unjustified absence to three (3)

consecutive meetings without giving notice in writing of the

reasons for such absence to the Chairperson before, or as soon

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as reasonably possible after the meeting. Unjustified absences

for three (3) consecutive meetings shall be communicated to the

Minister by the Chairperson.

(6)

The Minister may, after consultation with the

Chairperson, as the case may be, remove any member from office on

grounds of misconduct, proved infirmity of mind or of body, or

inability to perform the functions of a member of the Council.

(7)

In the event that a member is removed from office, or

where the office of a member is otherwise vacant, or where the member

is for any reason unable to perform the functions of his office, the

Minister may appoint a person with professional qualifications or

technical expertise, knowledge and, or experience in the field of

different individual agricultural sectors as a temporary member of the

Council

Provided that a temporary member shall cease to hold

such office when a person has been appointed to fill the vacancy or

where the member who was unable to perform the functions of his

office resumes those functions.

(8)

The Director of Agriculture shall appoint an officer in the

public service to serve as Secretary to the Council.

(1)

The functions of the Council shall be

(a)

to promote participation and dialogue amongst all

the stakeholders on issues relating to or in connection with

sustainable development of the agricultural and the livestock

sector;

(b)

to improve and enhance the communication

between the stakeholders of the agricultural and the livestock

breeding sectors and the Government;

(c)

to identify issues that affect stakeholders of the

agricultural sector and proposes to the Government strategies

that address such;

(d)

to propose sustainable and feasible projects to

implement the objectives of governmental policies in the

agricultural and livestock breeding sectors and recommend

measures to facilitate and further the achievement of any targets

set;

(e)

upon the request by the Government, to draw up,

examine and make recommendations on legislative proposals

relating to the objectives of the Council;

(f)

upon the request of the Minister, to make

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recommendations and submit opinions on any other matter

arising in relation to the functions of the Ministry responsible

for agriculture;

(g)

to make recommendations to the Government

regarding policies relating to the agricultural sector and rural

development; and

(h)

to 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)

The Council may act and perform its functions

notwithstanding any absence or vacancy amongst its members,

provided that there is a quorum of at least six (6) members of the

Council

Provided that a quorum shall not be present in the

absence of the Chairperson or designated Deputy Chairperson.

(2)

In the exercise of its functions and, or 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.

(1)

The Council shall appoint ad hoc committees to

serve as platforms for various sectors in agriculture whereby they may

raise any issues, concerns or suggestions which may be discussed by

the Council during its meetings.

(2)

The Council shall inform the Minister of the appointment

of each ad hoc committee.

(3)

The Council may, when it deems it necessary, inform the

Minister of the issues raised by the appointed committees.

(4)

The chairperson of each committee shall be the

sectorial leading representative most relevant or the most closely

related to the matter or issue to be discussed by the committee.

Where the matter or issue to be discussed affects more than one (1)

agricultural sector, the Council shall determine which sectorial

leading representative is to chair the particular committee.

(5)

The chairperson of each committee shall convene the

first meeting by not later than one (1) calendar month following the

date of appointment of the committee in accordance with sub-

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regulation (1).

(6)

Subject to the provisions of these regulations, the

committees shall regulate their own proceedings

Provided that the committees may act notwithstanding

any vacancy amongst its members.

(1)

The Secretary to the Council appointed in

accordance with regulation 4(8) shall hold office for a period of three

(3) years, under such terms and conditions as the Council, with the

approval of the Minister, may establish.

(2)

The Secretary shall, inter alia, be responsible for

(a)

the convening of meetings of the Council and the

keeping of minutes of the meetings thereof;

(b)

the keeping of records of the members present

during the meeting, the absent members and the excused

members ;

(c)

the provision of administrative and secretarial

services required by the Council and any ad hoc committees;

(d)

ensuring that all information that may be required

by the Council and any ad hoc committees to effectively carry

out their functions is made available to them;

(e)

the provision of information and carrying out

preparatory work for the reports of the Council and any ad hoc

committees;

(f)

ensuring that office services are provided for the

running of the Council and any ad hoc committees; and

(g)

exercising any other responsibility as may be

delegated by the respective Chairpersons on behalf of the

Council and any ad hoc committees.

(1)

The Council shall meet on a regular basis as the

Chairperson may deem necessary, provided that the Council shall hold

not less than one (1) meeting every quarter in every calendar year.

(2)

The Council shall hold a meeting with the Minister not

less than once (1) every quarter in every calendar year.

By not later than six (6) weeks after the end of each

calendar year or following instructions issued by the Minister, the

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

activities undertaken by the Council and any ad hoc committees

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appointed in accordance with regulation 7 during the said calendar

year. Such report shall include, inter alia, a general report on the

proceedings of and developments made by the Council and any ad hoc

committees during the period to which it relates in respect of matters

falling within the scope of the Council.

The Minister may, from time to time, issue directives in

writing to the Council as he may deem appropriate, being directives

consistent with the provisions of these regulations and any other

regulations made under the Act so as to give effect to the provisions of

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

provisions of these regulations. The Council shall, as soon as

practicable, give effect to all such directives and conduct its affairs

accordingly.