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Maltese Laws |
Part I Part II | Preliminary Establishment, Functions and Conduct of | Articles 1-2 |
Affairs of the Authority | 3-7 | |
Part III | Establishment, Duties and Conduct of Affairs of the Board of Governors | 8-12 |
Part IV | Establishment of the Office for Competition | 13-15 |
Part V | Establishment of the Office for Consumer Affairs | 16-18 |
Part VI | Establishment of the Technical Regulations Division | 19-20 |
Part VII Establishment of the Standards and Metrology Institute 21-25 | ||
Part VIII | Acquisition and Provision of Information | 26-30 |
Part IX | Establishment of the Competition and Consumer Appeals Tribunal | 31-37 |
Part X | Officers and Employees of the Authority | 38-46 |
Part XI | Financial Provisions | 47-59 |
Part XII | Transfer of Certain Assets to the Authority | 60-62 |
Part XIII | Miscellaneous | 63-72 |
First Schedule Form of Oath
Second Schedule Rules of Procedure relative to the Competition and Consumer Appeals Tribunal
Third Schedule List of EU legislative acts for the Purposes of which the Office for Consumer Affairs is the National Competent
Authority
Fourth Schedule Directorates
MALTA COMPETITION AND CONSUMER AFFAIRS AUTHORITY ACT
An Act to provide for the establishment of an Authority to promote, maintain and encourage competition, to safeguard the interests of consumers and enhance their welfare, to promote sound business practices, to adopt and co-ordinate standards in relation to products or services, to regulate such activities and to provide for such matters ancillary or incidental thereto or connected therewith, to provide for the establishment, jurisdiction and procedure of an appeals tribunal and to make amendments to other laws.
ACT No. VI of 2011
23rd May, 2011*
Short title. 1. The short title of this Act is the Malta Competition and
Consumer Affairs Authority Act.
Interpretation. 2. In this Act, unless the context otherwise requires:-
"Appeals Tr ibunal" means th e Co mp etit ion and Co nsum er
Appeals Tribunal established by article 31;
"approved university" shall have the same meaning as the term
Cap. 451.
Cap. 379.
S.L. 379.08.
"competent authority" in terms of ar ticle 2 of the Mutual
Recognition of Qualifications Act;
"asso c iatio n of und ertakin g s" sh all have the same meani n g assigned to it in article 2 of the Competition Act;
"Authority" means the Malta Competition and Consumer Affairs
Authority established by article 3;
"Board" means the Board of Governors established by article 8;
"Chairman " means the Chairman of the Board who shall be the
Chairman of the Authority appointed in terms of article 9(1);
"concentration" shall have the same meaning assigned to it in regulation 2(d) of the Control of Concentrations Regulations;
"conflict of interest" means that situation in which members of the Board, officers and employees of the Authority and advisors,
consultants and other persons e ngaged with the Authority have private or personal interests sufficient to influence or appear to
influence the objective exercise of their official duties;
"conformity mark" means a mark , iss ue d in a ccordance with regulations made under article 24, showing compliance with
an applicable standard;
*See subarticle (2) of article 1 as originally promulgated, and Legal Notice 190 of
2011.
"consumer association" or "registered consumer association" means an associatio n registered in terms of Part
IV of the Consumer Affairs Act;
"Consumer Pr otect i on Co -op e rati on Regul at ion " m e ans Regulation (EC) No. 2006/2004 of the European Parliament and of the Council of 27 October 2004 on co-operation between national authorities responsible for the
enforcement of consumer protection laws (text with EEA relevance);
"Co-ordination Committee" means the committee established by article 5;
"Council" means the Consumer Affairs Council as established under article 4 of the Consumer Affairs Act;
"Director General (Competition)" means the person so appointed by virtue of article 13(2);
"Director G e neral (Consu m er Affai r s)" mean s th e person so appointed by virtue of article 16(2);
"Director General (Standards and Metrology)" means the person so appointed by virtue of article 21(2);
"Director General (Technical Regulations)" means the person so appointed by virtue of article 19(2);
"draft standard" means a document containing the text of the technical specifications concerning a given subject, which
is being considered for adoption and as circulated for public comment or scrutiny;
"en tities" m e an s the Of fice f o r Compet ition , O f fi ce for Consu m er Af fai r s, Tech nical Regu lati ons Div
i sion and th e Standards and Metrology Institute, and "entity" shall be construed accordingly as the context requires;
"European standardization body" means the following bodies:
- CEN - European Committee for Standardization;
- CENELEC - European Committee for Electrotechnical
Standardization;
- ETSI - European Telecommunications Standards
Institute;
"financial year" means any period of twelve months ending on the 31st December; provided that the first financial year shall
start on th e co mi ng in to fo rce of t h i s Act an d sh all end o n t h e 31st December of the following year;
"Gazette" means the Government Gazette;
"Mini s t e r" m eans th e Min i ster respo n sible for com p et itio n, consumer af fairs, st andardizat ion, met r ology
and techni cal regulations;
"Mi n istry " means the Ministry respon si ble for competiti on, consumer af fairs, st andardizat ion, met r ology and techni
cal regulations;
"n ati o n a l co mp et ent au th or it y" for the purposes of article
Cap. 378.
Cap. 378.
Cap. 497.
Cap. 497.
Cap. 379.
authority" in article 3(c) of the Consumer Protection Co-operation
Regulation;
"officer" and "employee" includes a public officer detailed for duty in any of the entities established under
this Act;
"permanent secretary" means the person appointed to supervise the Authority in terms of the Public Administration Act;
"permit" means an authorisation granted by the Standards and Metrology Institute under article 24 for the use of a conformity
mark;
"person" includes individuals, any body corporate and any body of persons whether it has a distinct legal personality or
not;
"prescribed" means prescribed under this Act unless otherwise stated;
"Pres i de nt" means the Pres ide n t of the Appeals Tr ibuna l as established under article 31;
"principal permanent secretary" means the person appointed in terms of article 14 of the Public Administration Act;
"product" means any industrially manufactured product and any agricultural product, including fish products;
"public authority" means:
(i) the Government, including any Ministry or
Department thereof;
(ii) a government agency established in terms of the
Public Administration Act; and
(iii) a government entity as defined in the Public
Administration Act;
"public officer" shall have the same meaning as assigned to it in article 124 of the Constitution of Malta but does not include a judge of the superior courts or a magistrate of the inferior courts;
"restrictive practice" shall have the same meaning as assigned to it in article 2 of the Competition Act;
"single liaison office" shall have the same meaning as assigned to "single liaison office" in article 3(d) of the Consumer Protection Co-operation Regulation;
"standard" means a technical specification approved by a recogn ised standardization body for repeated or continuous application,
with which compliance is not compulsory, whether or n o t in clu d i n g ot her req u i r em en ts, an d whi c h is one of the following:
- International Standard: a standard adopted by an international standardization organisation, other than a European
standardization body, and made available to the public;
- European Standard: a standard adopted by a European standardization body and made available to the public;
- National Standard: a standard adopted by the
Authority and made available to the public;
"stan dards prog ra mm e" m eans a w ork prog ram m e li st in g th e subjects on which standardization work is being carried
out;
"technical specification" means a specification contained in a document which lays down the characteristics required of
a product and, or, service such as levels of quality, performance, safety or dimensions, including the requirements applicable to
the product and, or, service as regards the name under which the product and, or, service is sold, terminology, symbols, testing
and test methods, p a ckagi ng, mar k in g o r labell ing used an d t h e confo r mit y assessment procedures. This term also
covers production methods and processes used in respect of agricultural products, products inten d ed for hu man and anim al co
nsum ptio n, and med i cinal products, as well as production methods and processes relating to other products, where these have an
effect on their characteristics.
For the purposes of this definition, "conformity assessment procedures" means any procedure used, directly and indirectly,
to determine that relevant requirements in technical regulations or stan dar d s a r e fu lf il led , in clu d i n g , in ter ali a , proced ures for sampli ng, testing and inspecti on; eval uati on, verification and assurance of conformity, registration, accreditation
and approval as well as their combinations;
"TFEU" means the Treaty on the Functioning of the European
Union;
"trader" shall have the same meaning as assigned to it in article 2 of the Consumer Affairs Act; and
"undertaking" shall have the same meaning as assigned to it in article 2 of the Competition Act.
Competition and Consumer Affairs Authority.
(2) The Authority shall be a body corporate having a separate and distinct legal personality and may, in pursuance of its functions
enter into contracts, acquire, hold or dispose of real and personal property, sue and be sued and do all such things as are incidental
or conducive to the fulfilment of its functions, including the lending and borrowing of money.
(3) (a) The legal and judicial representation of the Authority shall be vested in the Chairman:
Provided that the Board may appoint any one or more of the Authority’s officers or employees to appear in the name and on behalf
of the Authority in any proceedings and in any act, contract, instrument or other document whatsoever, or in the case
of a vacancy in the post of Chairman:
Cap. 378. Cap. 379.
Establishment of the Authority.
Organs of the
Authority.
the responsibilities of an entity forming part of the Authority as established in Parts IV to VII of this Act, the legal and
judicial representation of the Authority in those matters shall vest in the Director General heading the entity.
(b) Any document purporting to be an instrument made or issued by the Authority and signed by the Chairman or by the Directors
General in relation to any matter delegated to them on behalf of the Authority shall be received in evidence and shall, until
the contrary is proved, be deemed to be an instrument made or issued by the Authority.
(4) The main organs of the Authority are the Board of Governors, the Co-ordination Committee and the four respective
entities.
(5) Where in this Act anything is to be done by or against or with respect to the Authority, or any notice is to be or may be
given to or by the Authority, any such thing or notice may also be done by or against or with respect to or be given to or by the
entity under whose jurisdiction the matter falls; and for the purposes aforesaid any reference in this Act to the Authority includes
a reference to the appropriate entity.
(6) The Authority shall assume the persona previously vested i n th e Of fi ce for Fair Com p eti tio n, Departm e nt of Consum
er Affairs, the Malta St anda rds Authority and th e Malta National Laboratory Company Limited and, from the entry into force of
this Act, sh all assu m e resp onsibility for all assets, liabilit ies and obligations previously entered into by the said Office,
Department, Authority and Company or by other bodies on their behalf.
Functions of the
Authority.
(2) The functions of the Authority shall be the following: (a) to promote and enhance competition;
(b) to safeguard consumers’ interests and enhance their
welfare;
(c) to promote voluntary standards and provide standardization related services;
(d) to promote the national metrology strategy;
(e) to promote the smooth transposition and adoption of technical regulations; and
(f) to perform such other function that may be assigned to it under this or any other law or regulations.
Establishment of the Co-ordination Committee.
(2) The Co-ordination Committee shall be responsible for co- ordinating the implementation of the poli cies of t h e A u thority
established by the Board and shall act as the point of contact and the principal channel of communication and co-ordination between
t h e Board o f Governors and t h e entities. The Co-ordi n atio n Committee shall also have such other duties as may from time to
time be delegated to it by the Board.
(3) The Chairman shall preside over the Co-ordination
Committee.
(4) The Chairman shall be responsible for the corporate services of the Authority, its administration and organization
and the administrative control of its officers and employees.
(a) provide oversight of the systems of internal control and risk management of the Authority and to assist and support the
Authority in discharging its responsibilities in relation thereto;
(b) provide the communication link with external auditors and evaluate and coordinate the audit and financial reporting progress
of the Authority;
(c) scrutinize and evaluate any transaction to be entered into by the Authority with a value exceeding one thousand euro
(€1,000); and
(d) review and assess the effectiveness of the financial management of the Authority in its compliance with policies and
in the discharge of its regulatory and compliance functions in relation thereto.
(2) The Internal Auditor shall report directly and exclusively to the Board in accorda nce with the procedures establishe d by
the Authority.
Establishment of the Internal Audit function.
7. (1) The four entities established in Parts IV to VII, shall have t h e r e spo n sibi liti es pro v id ed fo r u nder thi s Act,
th e Competition Act, the Consumer Affairs Act, the Product Safety Act, the Me trol og y A c t respec ti vel y an d an y ot her law o r regulations.
(2) The Authority shall achieve the functions set out in article 4 through the responsibilities vested in the respective entities,
as provided under subarticle (1).
(3) The responsibilities vested in each entity shall be exercised by the Director General heading the respective entity and in
doing so each Director General shall act independently and autonomously, free from the direction or control of any person
or authority without prejudice to article 12:
Provided that in the exercise of the responsibilities vested in the ent iti es, th e Di rect or s General shall ensure that they
im pl em ent t h e po lic ies set by the Board and give ef fect to government policy and for this purpose, they shall be subject
to the
Responsibilities of the entities.
Cap. 379. Cap. 378.
Cap. 427. Cap. 454.
overall supervision and control of the Board.
Establishment of the Board of Governors.
Composition of the
Board.
Cap. 321.
Authority.
(a) the Chairman, who shall be appointed by the Minister, on being satisfied that the person has the requisite qualifications
and experience and who may also occupy any other post within the Authority;
(b) not less than seven and not more than ten other members, to be appointed by the Minister, at least seven of them
being the following:-
(i) one member holding the warrant to practise as advocate with seven years experience and preferably with specialisation
in competition law and, or in consumer law;
(ii) one member holding an economics degree from an approved university with seven years experience and qualifications,
preferably in industrial organisation and, or behavioural economics;
(iii) one member holding a warrant, issued in accordance with the Engineering Profession Act, to practise the profession
of engineer, with seven years experience;
(iv) one member holding a warrant to practise as pharmacist with seven years experience preferably in
the regulation of medicinal products and pharmaceutical activities;
(v) one member, holding the warrant to practise as a certified public accountant with seven years experience;
(vi) one member, after consultation with the constituted bodies representing national employers’
organisations sitting in the Malta Council for Economic and Social Development; and
(vii) one member, after consultation with recognised national consumer associations:
Provided that in the eventuality that there should be no such association the Minister may appoint a temporary member from the
workers’ organisations until such time wherein a member representing a national consumer association is nominated;
and
(c) one of the members as appointed in paragraph (b)(i) to
(v) shall be appointed as Deputy Chairman by the
Minister.
(2) The Deputy Chairman shall have all the powers and perfo rm al l the functio ns of t h e Chairm an during t h e latter
’s absence or inability to act as Chairman or while the Chairman is on va cat i o n o r d u r i n g a n y va ca nc y i n t h e
offi ce o f Ch ai rm an , or alternatively the Minister may also, in any circumstances aforesaid, appoint another person to act
as Chairman.
(3) The members of the Board shall be appointed by the Minister for a term of one year or for such longer period as may
be specified in the instrument of appointment, subject to a maximum of three years and shall be eligible for reappointment.
(4) (a) The Board shall designate one of the officers of the Authority to act as secretary for such period as it shall deem appropriate.
(b) It shall be the duty of the secretary to make the necessary preparations for the meetings of the Board and to keep
minutes of those meetings.
(5) (a) A person shall not be eligible to be appointed or to continue to hold office as a member of the Board if that person:-
(i) is a Minister, Parliamentary Secretary, a member of the House of Representatives, a member of any Local Council or a member
of the European Parliament; or
(ii) is a Judge or a Magistrate; or
(iii) is legally incapacitated or interdicted; or
(iv) has been declared bankrupt or has made a composition or arrangement with his creditors, so long as he has not been
rehabilitated to trade in terms of the Commercial Code; or
(v) has been found guilty by any competent court of any offence involving fraud or other dishonesty, or has contravened any
provision of law designed for protecting members of the public against financial loss due to dishonesty, incompetence
or malpractice by persons involved in business activities or in carrying on a profession, or has engaged in any
business practice appearing to the Minister to be deceitful or oppressive or otherwise improper (whether unlawful or not)
or which otherwise reflects discredit on his method of conducting business or his profession, or has been found guilty of any
offence against this Act or any other Act that the Authority administers or any regulations made thereunder; or
(vi) has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions:
Provided that the Minister may determine that
Duties of the
Secretary.
Persons not eligible to hold office.
Cap. 13.
the person’s interest is not likely to affect the discharge of his functions and upon such determination that person
shall be qualified to hold the office of member of the Authority provided that the declared interest and the Minister
’s determination are published in the Gazette; or
(vii) is otherwise not a fit and proper person to hold that office in accordance with paragraph (b).
(b) In determining whether a person is a fit and proper person, the Minister shall have regard to that person’s probity, competence
and soundness of judgment for fulfilling the responsibilities of that office, to the diligence with which he is fulfilling
or is likely to fulfil those responsibilities and to whether the interests of any person are, or are likely to be in
any way threatened, by his holding that office.
(c) Any person whom the Minister has appointed or proposes to appoint as a member of the Board shall, whenever requested
by the Minister to do so, furnish to him such information as the Minister considers necessary for the performance of
the Minister ’s duties under paragraphs (a) and (b).
(d) A member of the Board may be relieved from office by the Minister on the ground of inability to perform the functions of his
office, whether due to infirmity of mind or of body or to any other cause, or of misbehaviour; and for
the purposes of this paragraph, repeated and unjustified non-attendance at meetings may be deemed to amount to misbehaviour.
(e) The names of all the members of the Board and any change in such membership shall be published in the Gazette.
(f) Any member of the Board may resign from office by a letter addressed to the Minister.
(6) The Chairman and the other members of the Board may be paid such honoraria as the Minister may determine.
(7) Any member of the Board who has any direct or indirect interest in any matter made or proposed to be made by the Board, not
being an i n terest wh ich di sq ualifi e s such memb er from remaining a member, shall, not later than the first meeting held after
the relevant circumstance s have co m e to h i s k nowledge, disclose the nature of his interest to the Board, and the member having
an interest as aforesaid shall withdraw from any meetings at whi c h such matter i s di scu s sed. Any such dis c losure shall be
communicated to the Minister without delay. Where the interest of the member is such as to disqualify him from remaining a member,
he shall report the fact immediately to the Minister and tender his resignation.
(8) If a member resigns or if the office of a member of the
Board is otherwise vacant or if a member is for any reason unable to perform the functions of his office, the Minister may appoint
a person who is qualified to be appointed to be a member, to be a temporary member of the Board; and any person so appointed shall,
su bj ect to t h e p r o v i s io ns of su ba rticle (3), ce ase to be such a member when a person has been appointed to fill the
vacancy or, as the case may be, when the member who was unable to perform the functions of his office resumes those functions.
(2) The Board shall meet as often as may be necessary but in no case less frequently than once every calendar month.
(3) The Board may exercise its functions notwithstanding any vacancy in its membership, as long as such vacancies do not exceed
two in num ber and provided there is a quorum present at the meeting consisting of the Chairman or Deputy Chairman and not less
than half the number of the other members constituting the Board at the time of the meeting.
(4) Meetings of the Board shall be convened by the Chairman, or by the Deputy Chairman, in the absence of the Chairman, either
on his own initiative or at the written request of any three of the other members of the Board.
(5) (a) Decisions shall be taken by a simple majority of votes of the members present and voting.
(b) The Chairman or, in his absence, the Deputy Chairman, or other person appointed to act as Chairman,
shall have an initial vote and, in the event of an equality of votes, a casting vote.
(c) Without prejudice to the other requirements of this Act, no decision shall be valid unless it is supported by at least
three members of the Board.
(6) All acts done by any person acting in good faith, as a mem b er of the Board, shall be valid as if he were a member
notw ith st andin g t h at som e d e fect i n h i s appo int m ent or qualification be afterwards discovered.
(7) No act or proceeding of the Board shall be questioned on the ground of the contravention by a member of the provisions of article
10.
Conduct of the affairs of the Board.
(a) to determine the policies to be pursued by the Authority within the context of the policies established by Government
and in line with the functions set out in article 4 and to ensure their proper and effective implementation by the entities;
(b) to ensure that the entities execute their responsibilities under this Act in line with related government
Duties of the
Board.
policies;
(c) to ensure that the entities have the necessary resources to effectively carry out their responsibilities;
(d) to guarantee the functional independence of the entities;
(e) to publish the business plan after its approval by the Minister following consultation with the Minister responsible for
Finance;
(f) to publish the annual report;
(g) to approve any Memorandum of Understanding, bilateral or multilateral agreements proposed;
(h) to advise, make proposals and recommendations to the Minister on any matter connected with its functions; and
(i) to monitor the National Accreditation body in order to ensure that it fulfils the requirements laid down in article 8
of Council Regulation (EC) No 765/2008 of the European Parliament and of the Council.
(2) The entities shall provide the Board with all such information as may be required for the proper performance
of its duties:
Provided that the members of the Board shall not have ac cess to confide ntial information pertaini ng to any indivi du al
person, household or undertaking obtained by the entities in the performance of their responsibilities.
(3) The Board may with the approval of the Minister appoint ad hoc advisory boards and committees to assist it in the performance of its functions.
Relations between the Minister and the Authority and supervision by Permanent Secretary.
Cap. 378. Cap. 379.
Cap. 427.
Cap. 454.
Cap. 449.
Cap. 430.
Cap. 378. Cap. 379. Cap. 427. Cap. 454. Cap. 449. Cap. 430.
(2) Save as otherwise provided in this Act, the Consumer Affair s Act , the Competi tio n Act , the Prod uct Safety Act , the Metrology Act, the Food Safety Act, the Pesticides Control Act and any other Act or regulations administered by the Authority, the Authority shall be under the general direction and control of
the Minister and, subject to such direction and control, under the su pervision of th e Permanen t Secretary responsibl e for th
e Ministry.
(3) The Minister may, in relation to matters that appear to him to affect the public interest, from time to time give to the Authority
directions in writing of a general character not inconsistent with the provisions of this Act, the Consumer Affairs Act, the Competition Act, the Product Safety Act, the Metrology Ac t, the Food Safety Act, the Pe sticides Contro l Act and any other Act or regulations administered by the Authority, on the policy to be followed by the
Authority in the carrying out of its functions, by or under this Act, and the Authority shall, as soon as possible, give effect to
all such directions.
(4) Subarticles (2) and (3) shall not apply in respect of the powers exercise d by the Direct ors General of th e Of
fice for Competition and Office for Consumer Affairs under this Act, the Competition Act and the Consumer Affairs Act respectively or any o t her law or regulations with resp ect to the prioritisat ion, investigation and determination of cases and
enforcement.
(5) The Authority shall afford to the Minister facilities for obtaining information with respect to its property and financial
activ ities and furnish him with returns, account s and other information with respect thereto, and shall afford to him facilities
for the verification of information furnished, in such manner and at such times as he may reasonably require.
(6) If the Authority fails to comply with any directions issued under this article, the Prime M i nister may make an order transferring
to the Minister in whole or in part any of its functions.
(7) The operations of the Authority shall follow an Authority perf ormance agreem ent which is to be agreed to between the Permanent
Secretary and the Authority and for this purpose article
40 of the Public Administration Act shall mutatis mutandis apply.
(8) Article 38 of the Public Administration Act shall mutatis mutandis apply to the extent that its application does not conflict with the provisions of this Act, the Consumer Affairs Act, the Competition Act, the Product Safety Act, the Metrology Act, the Food Safety Act, the Pesticides Control Act and any other Act or regulations administered by the Authority.
(2) The Director General (Competition) shall be a person with professional qualifications, recognised competence, experience and
specialisation in the domain of competition law and, or industrial or g a nisati on eco nom ics and , preferab ly, wi th kno wledg
e of consumer matters, and shall be appointed by the Board, following consultation with the Minister, for a period of three years
and such period may be extended for further periods of three years each:
Provided that the first Director General (Competition) shall be appointed by the Minister.
Cap. 379. Cap. 378.
Cap. 497. Cap. 497.
Cap. 378. Cap. 379.
Cap. 427.
Cap. 454.
Cap. 449.
Cap. 430.
Establishment of the Office for Competition.
(a) to investigate, determine and suppress restrictive practices;
(b) to examine and control concentrations between
Responsibilities of the Office.
Cap. 379.
undertakings in terms of their effect on the structure of competition on the market;
(c) to act as the national competition authority in Malta as designated by virtue of article 35(1) of Council Regulation (EC) No 1/2003;
(d) to keep under review markets and commercial activities relating to the supply of goods and services and to collect
information and evidence for the purpose of ascertaining whether such markets and activities may adversely affect
the interests of consumers;
(e) to study markets and recommend action where required;
(f) to encourage undertakings and associations of undertakings to comply with competition law and promote sound
trading practices;
(g) to provide advice to public authorities about the competition implications of proposals for legislation;
(h) to provide advice to public authorities on the competition issues which may arise in the performance of their functions;
(i) to provide advice on the competition constraints imposed either by legislation, policy or administrative practices;
(j) to assist in the drawing up of the Authority’s business plan;
(k) to participate in meetings organised by international agencies and organisations;
(l) to provide advice to the Board on competition matters; (m) to submit an annual report on its work to the Board;
and
(n) generally to exercise the powers conferred upon it under this Act and under the Competition Act and any regulations made thereunder.
(2) In the exercise of the responsibilities mentioned in subarticle (1)(d) and (e), the Director General (Competition) shall co-oper ate with the Director General (Consumer Affairs) if the latter is carrying out
a review or study in respect of the same market.
(3) Nothing in this Act shall be construed as to give any person, consumer or undertaking a right to require the Director
General (Competition) to act on his behalf and in his interest in any particular matter or dispute with any trader, supplier of services
or undertaking before any court, tribunal or elsewhere.
Different degrees of priority.
15. (1) The Office for Competition may allocate different degrees of priority to the cases brought or pending before it and in
doing so it shall take into consideration, inter alia, the following
factors:
(a) the degree of consumer harm resulting from the alleged or suspected infringement;
(b) the extent of consumer benefit resulting from the intervention of the Office for Competition;
(c) the nature and gravity of the alleged or suspected infringement;
(d) the stage of investigation;
(e) whether the alleged practices are still ongoing or whether harmful effects persist; and
(f) whether the alleged unlawful conduct is being examined or can be better examined by another public authority under
its regulatory regime.
(2) The Office for Competition shall from time to time issue guidelines under this article. These guidelines shall provide for
the right to ask for information on the degree of priority allocated to a cas e or to a complaint by the u ndertaki ng or associat
ion of undertakings concerned or the complainant respectively and for the obligati on of the Office to provide a reasoned reply w
ithin a specific time frame.
(2) The Director General (Consumer Affairs) shall be a person with pro f essi onal q u alif icati ons, re cognised compe t e n c e , experience and specialisation in the domain of consumer law, and, or behavioural economics and shall be appointed by the Board, following consultation with the Minister, for a period of three years and such period may be extended for further periods of three years each:
Establishment of the Office for Consumer Affairs.
Provided that the first Director General (Consumer Affairs)
shall be appointed by the Minister.
(a) to provide information, advice and guidelines to the public relating to consumer issues;
(b) to monitor trading practices relating to the provision of goods and services to consumers, and to take measures for the suppression
and prevention of any practices which may be detrimental to the interests of consumers;
(c) to receive and investigate complaints from consumers relative to the supply of goods and services and to take such action as
in its power to redress any justified
Responsibilities of the Office for Consumer Affairs.
grievance that may come to its notice;
(d) to provide consumers with ongoing advice concerning their rights;
(e) to direct consumers to the appropriate organisation which is best placed to assist them with specific complaints;
(f) to encourage traders to comply with consumer law and to promote good trading practices in the carrying out of activities which
may affect the economic interests of consumers in Malta;
(g) to provide traders with advice on matters relating to consumer affairs;
(h) to provide mediation between consumers and traders; (i) to keep under review markets and commercial
activities relating to the supply of goods and services
and to collect information and evidence for the purpose of ascertaining whether such markets and
activities may adversely affect the interests of consumers;
(j) to study markets and recommend remedial action where required;
(k) to assist the Council in the performance of its functions and duties and to furnish such information as may be
required by the Council in relation to the exercise of its duties;
(l) to advise public authorities about the implications for consumers arising from proposals for legislation;
(m) to provide advice to public authorities on the consumer issues which may arise in the performance of their functions;
(n) to advise on the impact on consumer interests that legislation, policy or administrative practices may have;
(o) to serve as and perform the functions of the national competent authority in terms of the Consumer Protection Co-operation Regulation;
(p) to serve as and perform the functions of the single liaison office in Malta responsible for co-ordinating the application
of the Consumer Protection Co- operation Regulation;
(q) to develop the necessary strategies for the performance of its responsibilities;
(r) to assist in the drawing up of the Authority’s business plan;
(s) to advise the Board on matters of consumer interest;
(t) to submit an annual report on its work to the Board;
and
(u) generally to exercise the powers conferred upon it under this Act, the Consumer Affairs Act or any other law or regulations in relation to consumer affairs.
(2) In exercise of the responsibilities mentioned in paragraphs (i) and (j) and article 14( 2) shall mutatis mutandis apply to the Director General (Consumer Affairs).
(3) Nothing in this Act or in any other law shall be construed to give any consumer a rig h t to requi re th e Director General
(Consumer Affairs) to act on his behalf and in his interest in any particular matter or dispute with any trader or supplier of services
before any court, tribunal or arbiter.
Cap. 378.
18. (1) For the purposes of article 17(1)(o), the Office for Consumer Affai r s sh al l be th e national co mpetent au thori t y in respect of the EU legislative acts listed
in the Third Schedule.
(2) The Minister may by order amend the Third Schedule.
(2) The Director General (Technical Regulations) shall be a person with professional qualifications, recognised competence,
e x p e ri enc e an d s p e c i al is at ion in t e c hni ca l h a rmo n iz at ion an d matters relating to conformity assessment,
and shall be appointed by the Board, following consultation with the Minister, for a period of three years and such period may be
extended for further periods of three years each:
Provided that the first Director General (Technical
Regulations) shall be appointed by the Minister.
Obtaining information.
Establishment of Technical Regulations Division.
Division shall be the following:
(a) to draft legislation in relation to its areas of competence and issued by virtue of article 38 of the Product Safety Act, article 10 of the Food Safety Act and article 5 of the Pesticides Control Act and by any other law;
(b) to advise the Board and other Government agencies and the private sector;
(c) to assist all sectors of industry to understand and meet the essential requirements imposed by technical regulations,
issued by virtue of the Product Safety Act, the Food Safety Act and the Pesticides Control Act and by any other law, and the technical, quality and safety requirements of harmonised European and international
standards;
Responsibilities of the Technical Regulations Division.
Cap. 427. Cap. 449. Cap. 430.
Cap. 427. Cap. 430.
Cap. 427. Cap. 449.
Cap. 427.
Cap. 427. Cap. 449.
Cap. 430.
Cap. 500.
(d) to co-ordinate and implement its regulatory programme in the areas falling under its remit and, in particular,
to exercise the advisory functions assigned to it by article 38 of the Product Safety Act, article
9(1) of the Food Safety Act and by any other law;
(e) to establish, with the consent of the Minister and of the Chairman of the Authority, technical committees for the areas falling
under its competence and to chair and co-ordinate the work of such committees;
(f) to act as the Product Contact Point and provide support to the focal point for any Notification requirements for ensuring the
free movement of goods as laid down in article 9 of Council Regulation (EC) No 764/2008;
(g) to formulate and give effect to programmes of technical assistance aimed at business operators for the purpose of
facilitating their compliance with relevant technical regulations and standards;
(h) to communicate to the general public and to interested parties any information regarding the regulatory programmes
in its areas of competence;
(i) to provide training and information on technical regulations in its areas of competence;
(j) to participate in relevant national and international activities;
(k) to perform risk assessment and to co-ordinate market surveillance activities as prescribed in article 27 of the Product Safety Act;
(l) to assist in the drawing up of the Authority’s business plan;
(m) to submit an annual report on its work to the Board;
(n) to develop the necessary strategies for the implementation of its responsibilities;
(o) to generally exercise the responsibilities conferred upon it under this Act, the Product Safety Act, the Food Safety Act, the Pesticides Control Act and any other Act and regulations made thereunder; and
(p) to monitor the implementation of legislation under the Services (Internal Market) Act and its subsequent application.
(2) The Technical Regulations Division shall be the authority in Malta entrusted with the implementation of:
(a) Regulation (EC) No 764/2008 of the European Parliament and of the Council of 9 July 2008 laying down the procedures relating to the application of
certain national technical rules to products lawfully marketed in another Member State;
(b) Regulation (EC) No 765/2008 of the European
Parliament and of the Council of 9 July 2008 setting
out the requirements for accreditation and market surveillance relating to the marketing of products; and
(c) related activities.
(2) The Director General (Standards and Metrology) shall be a person with professional qualifications, recognised competence,
experience and specialisation in the domain of standards and in matters relating to metrology, calibration and testing, and shall
be appointed by the Board, following consultation with the Minister, for a period of three years and such period may be extended
for further periods of three years each:
Provided that the first Director General (Standards and
Metrology) shall be appointed by the Minister.
Establishment of the Standards and Metrology Institute.
Institute shall be the following:-
(a) to make, adopt and publish standards, in relation to any class, category or type of products and, or services;
(b) to co-ordinate, monitor and promote standardization and related activities at the various corporate, national, regional and
international levels, and to supply and, or ensure the existence of adequate supporting related services:
For the purpose of this paragraph, "supporting related services" include:
(i) the promotion of adoption and application of all aspects of metrology as a necessary adjunct to standardization;
(ii) the availability or assurance of availability of testing services;
(iii) the offer of certification services;
(c) to act as the competent body for the purposes of Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (Text with EEA relevance) and Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a community
eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/ EC;
Responsibilities of the Standards and Metrology and Metrology
Institute.
Cap. 454.
(d) to consider all applications for a permit to use a conformity mark and to grant permits for such purpose;
(e) to inform the public of new subjects included in its standards programme and of preparation or amendment of
a standard, unless such standard is an identical or equivalent transposition of an International or European
Standard. This information shall indicate, in particular, whether the standard concerned:
- will transpose an international standard without being the equivalent;
- will be a new national standard; or
- will amend a national standard;
(f) to co-operate with National, European, Regional or other international bodies in the field of
standardization and to exchange information therewith generally, and in particular to such extent as may be provided for in any
international obligation entered into by Malta or as may be prescribed;
(g) to be responsible for the execution, upkeep and conservation of National Measurement Standards and to maintain
their accuracy by comparison with international measurement standards;
(h) to provide Working Measurement Standards of suitable accuracy for use in Malta, by comparison with the National Measurement
Standards;
(i) to be responsible for the National Measurement
Standards and their traceability;
(j) to provide calibration services;
(k) to carry out scientific and technical work in all fields of metrology and measuring methods;
(l) to take part in the work of other national organisations interested in metrology;
(m) to disseminate information relevant to metrology;
(n) to be responsible for the enforcement of all metrology regulations drawn up by virtue of the Metrology Act and other regulations;
(o) to be responsible for the execution and calibration of
Measurement Standards and verification equipment;
(p) to oversee, monitor and supervise the manufacture and repair of measuring instruments;
(q) to bring to the attention of the authorities any fraud in relation to measurements in the provision of goods and services;
(r) to provide for the holding of examinations for the purpose of ascertaining whether persons possess sufficient
skill, knowledge and professional integrity for the proper performance of their functions to be performed by virtue of the
Metrology Act;
(s) to collaborate with the relevant inspection bodies in the fields of measuring instruments and pre-packaged products;
(t) to liaise with other foreign national institutions having similar aims and to represent Malta in international metrological
institutions;
(u) to submit an annual report on its work to the Board;
(v) to develop the necessary strategies for the implementation of its responsibilities;
(w) to assist in the drawing up of the Authority’s business plan; and
(x) to generally exercise the responsibilities conferred upon it under this Act, and under the Metrology Act and any other Act and regulations made thereunder.
(2) The Standards and Metrology Institute shall be the national body en trusted with the co-ordination of standardizati on and
related activities and shall be responsible for matters related to metrology and legal metrology.
(3) The Standards and Metrology Institute shall also facilitate testing requirements.
(4) The power conferred on the Standards and Metrology Institute to make, adopt and publish standards shall be construed
as including the power, exercisable in like manner, to vary, substitute or revoke any such standard.
Cap 454.
Cap 454.
Variation, substitution or revocation of Standards.
(2) Notwithstanding the other provisions of this Act or of any other law, the list of standards afore-mentioned and any standard ma de, a d o p t e d or t r a n sp osed b y th e St a n d a rd s an d Met r o l o g y Institute may be made, published, prescribed or made available to the public either in the Maltese or English language.
List of Standards to be published.
(2) The Standards and Metrology Institute shall not grant a permit unless it is furnished with such proof and it is given such opportunities and facilities as may be reasonably necessary in order that it may satisfy itself that the product and, or, services in relation
Conformity Mark.
to which the application has been made qualify for such permit.
(3) In any permit granted in relation to any product and, or service, the Standards and Metrology Institute besides describing
such product and, or service shall also:-
(a) name the person to whom the permit is granted; and
(b) specify the standards applicable to the said product and, or, services:
Provided that when there have been no changes in the other circumstances which justified the grant of a permit, the Standards an d
Met r ol og y Inst itu te sh all in reg a r d to any such perm it aut hor ize, on app licati on, the su bstitu tion of the p erson
n amed therein as will be proved to be necessary.
(4) For the purpose of this Part, the name of the person to w hom t h e permi t i s grant e d as referred to in paragraph
(a) of subarticle (3) shall be deemed to form part of the description of the product and, or, service to which it refers.
Powers of the Standards and Metrology Institute to inspect premises and obtain information.
Provision of information.
Consultation with public authorities. Cap. 379.
Cap. 378.
Cap. 379. Cap. 378.
Cap. 379. Cap. 378.
27. (1) The Offices may consult with public authorities in the application of this Act, the Competition Act, the Consumer Affairs Act and any other Act, or regulations made thereunder which they are empowered to enforce.
(2) The Offices may request information from public authorities as they consider necessary for the application
of this Act, the Competition Act, the Consumer Affairs Act and any other Act, or regulations made thereunder which they are empowered to enforce.
(3) The Offices on the one hand and public authorities on the other hand shall provide each other with the information necessary
for the application of the provisions of this Act, the Competition Act, the Consumer Affairs Act and any other Act, or regulations made under the said Acts and such information shall be provided within a reasonable time as dictated
by the particular circumstances of the issues involved.
(4) The Offices may enter into agreements for the exchange of in fo rm at io n an d ot her fo rm s of c o l l ab orat io n wi th
p u b l i c authorities.
(5) Any agreement entered into by the Office for Competition in terms of subarticle (4) shall not apply to investigations initiated
by it concerning alleged breaches of Articles 101 and, or 102 of the TFEU.
(6) In submitting information under the provisions of this article, the Offices and the public authorities shall clearly
identify the inform ation, including documents, which they deem to be internal or which contains business secrets or other confidential
i n f o rm at io n and a sep a rate no n- confidential version sha l l be supplied.
(7) Where information has been exchanged as provided in this article, the Offices or the public authority receiving the information
shall ensure the same level of confidentiality as the provider of the information.
(2) Without prejudice to any disciplinary proceedings that may be tak e n against publ ic em ployees un der applicab le rules and procedu r es, any person who c ontravenes the provisions of subar ticle ( 1) shall be guilty of an off ence against this Act and shall, on conviction, be liable to a fine (multa) of not less than two thousand euro (€2,000) and not exceeding ten thousand euro (€10,000).
Disclosure of confidential information.
- a complainant lodging a complaint under the
Competition Act or under the Consumer Affairs Act;
- a person, undertaking or association of undertakings or any other body complying with a request for the provision
of information under the provisions of this Act, the Competition Act, the Consumer Affairs Act and any other Act, or regulations made thereunder;
- an addressee of the statement of objections made under article 12A(1) of the Competition Act making known his views on the
objection;
Identification and protection of confidential information.
Cap. 379. Cap. 378.
Cap. 379. Cap. 378.
Cap. 379.
Cap. 379.
Cap. 379.
Cap. 379.
Cap. 379.
Cap. 379. Cap. 378.
Cap. 379.
Cap. 378.
- a complainant making known his views on the statement of objections under article 12A(2) of the Competition
Act;
- the addressee of an invitation by the Director General to submit his views under article 12A(3)(b) of the Competition Act;
- a complainant making known his views on the letter of the Director General (Competition) informing him of the Office’s
intention to reject the complaint made under article 14(2) of the Competition Act;
- the addressee of an invitation by the Director General to engage in settlement discussions under article 12B of the Competition Act.
(2) Without prejudice to subarticle (1), the Directors General may req u ir e person s, un dertak i n g s and an associati
on of un dertakings or any ot her body that subm it docum ents or statements pursuant to this Act, the Competition Act, the Consumer Affairs Act and any other Act, or regulations made thereunder to identify the documents or parts of documents which they consider to contain business
secre t s or other confidential information belonging to them and to identify the undertakings with regard to which such documents
are to be considered confidential.
(3) In the case of a statement of objections sent by the Director General (Competition) under the Competition Act, in the case
of a case summary drawn up pursuant to article 12C(2)(a) and article
12D(2) of the Competition Act and in the case of a decision or an order adopted by the Directors General under the Competition Act
or the Consumer Affairs Act or any other Act, or regulations made thereunder, persons, undertakings or association of undertakings may be required to identify
any part of a statement of objections, a
case summary, a decision or order which in their view contains business secrets or other confidential information.
(4) The Directors General may set a time-limit within which persons, undertakings or association of undertakings or any other body
are to:
(a) substantiate their claim for confidentiality with regard to each individual document or part of such document, statement or part
of such statement;
(b) provide the Director General with a non-confidential version of the documents or statements, in which the confidential passages
are deleted; and
(c) provide a concise description of each part of the deleted information.
(5) In the event that persons, undertakings or an association of undertakings or any other body fail to comply with subarticles
(1) to ( 3 ), the Director General may deem that the docum ents or statements concerned do not contain confidential information
and m a y consequentl y assume t h at the persons, und ertakings or association of undertakings or other body have no objections
to the disclosure o f the d o cuments o r statements concerned in th eir
entirety.
(6) Where persons, undertakings or an association of u ndertakin gs or any oth e r b ody meet t h e co ndit i
ons set o u t i n subarticles (1) to (3), the Director General shall:
(a) either provisionally accept the claims which appear justified; or
(b) inform the person or undertaking or association of undertakings or any other body that he does not agree with the confidentiality
claim in whole or in part, where it is apparent that the claim is unjustified.
(7) The Director General may reverse his provisional acceptance of the confidentiality claim in whole or in part
at a later stage.
(8) Where the Director General does not agree with the confidentiality claim from the outset or where he takes the view
that the provisional acceptance of the confidentiality claim should be reversed, and thus intends to disclose information, the Director
General will inform the person or undertaking or association of undertakings or any other body in writing of hi s in ten tion to
disclose information, give his reasons and set a time-limit within which such person or undertaking or association of undertakings
or any other body m a y i n form him in writing of its views. If, foll owing submi s sio n of those vi ews, a di sag r eement on
t h e confidentiality claim persists, the Director General shall take a decision thereon.
(9) In those cases where the person or undertaking or association of undertakings or any other body does not agree
with the decision of the Director General in subarticle (8) the person or undertaking or association of undertakings or any other
body may appeal t o th e App eal s Tr ib unal w ithi n t en days from w h en th e decision of the Director General is notified and
the decision of the Appeals Tribunal shall be final.
(10) Complainants or undertakings or an association of undertakings or any other body or any person collaborating in an
investigation carried out by the Offices shall, should they wish to remain anonymous, make a request to that effect to the Director
General. The Director General sh all accede to su ch request for anonymity if he considers the request to be justified. The Director
General shall protect anonymity by providing access to a non- confiden tial version or sum m ar y of t h e docum ents submitted.
Sub a rti c les (6 ) and (7 ) shal l app l y t o requests for an onym it y. Where the Director General does not cons ider the request
for anonymity to be justified, subarticles (8) and (9) shall apply.
(2) When publishing information as is referred to in subarticle (1), the Authority shall adhere to the principles of fairness and objectivity.
Publication of
Information.
(3) The members of the Board, the Directors General of all the entities and any officer acting on the instructions or authority of the said Directors General, shall be exempt from any liability for acts done in good faith in pursuance of this article. Such exemption shall extend to all persons publishing, printi ng, recordi ng, broadcasting or communicating such information by any means whatsoever.
Establishment of the Competition and Consumer Appeals Tribunal. Cap. 379.
Cap. 378.
31. There shall be established a tribunal to be known as the Competition and Co nsumer Appeals Tr ib unal, to exercise and perform the
functions assigned to it by this Act, the Competition Act and the Co ns um er A f f a ir s Ac t an d an y r e gu l a t i o n s m a d e
thereunder.
Composition. 32. (1) The Appeals Tribunal shall be composed of the Presi dent who shall be a Judg e, and two other m embers from a panel of ordinary members selected by the President.
(2) There shall be a panel of six ordinary members, all with at least ten years relevant experience, appointed by the President
of Malta on the advice o f the Prim e Minister, consisting of two economists, preferably one specialised in industrial organisation
economics and the o t her in behavio u ral econom ics, a certified public accounta nt and three ot he r pe rsons with re cognised
competence and knowledge in competition law matters, consumer protection, industry and commerce.
(3) In selecting the two ordinary members to sit on the Appeals Tribunal under subarticle (1), the President shall take due account
of the nature of the case and the market concerned.
(4) The ordinary members of the Appeals Tribunal shall be appointed for a period of three y ears and shall be eligible
for reappointment.
(5) The ordinary members of the Appeals Tribunal may resign their office by a letter addressed to the President of Malta. The resign
atio n shall take ef fect when th e wr iting si gnifyi ng th e resignation is received by the President of Malta or by any person
authorised by him.
(6) An ordinary member of the Appeals Tribunal may not be removed from office except by the President of Malta acting on the recommendation
of the Prime Minister on the ground of proved inability to perform the functions of his office (whether arising fro m infirmity of
body or m i nd or any other cau se) o r p r ov ed misbehaviour.
(7) Notice of all appointments to the Appeals Tribunal and of al l o t her ch an ges in its memb ersh ip sh al l b e pub lish e
d in th e Gazette.
(8) (a) The Appeals Tribunal shall be independent in the performance of its functions.
(b) The members thereof in the exercise of their functions shall act on their own individual judgement and shall not be subject to
the direction or control of any person or authority.
(9) (a) The ordinary members of the Appeals Tribunal, shall not be precluded from the exercise of their respective p r o f ession, so howev
er during the term of their appointment they shall be precluded from the exercise of their profession in cases before the Tribunal.
(b) The ordinary members of the Appeals Tribunal shall receive such remuneration as the Prime Minister may by notice in the Gazette
determine:
Provided that such remuneration may not be altered during the tenure of their appointment to their disadvantage.
(c) The remuneration due to the ordinary members of the Appeals Tribunal shall be paid out of the Consolidated Fund without
the necessity of any further appropriation.
(10) A person shall not be qualified to be appointed or remain an ordinary member of the Appeals Tribunal if:
(a) he is an undischarged bankrupt; or
(b) he has been sentenced to imprisonment for six months or more by any court; or
(c) he has been found guilty of any offence against this Act, the Consumer Affairs Act or the Competition Act or any regulations made thereunder; or
(d) he is a Member of the House of Representatives or of the European Parliament or a Local Council.
(11) Any ordinary member of the Appeals Tribunal shall, before the commencement of any case, declare any interest he may have in
the proceedings and the President shall, where he considers that such interest m a y prejud ice the independ en ce o f the m e mber
con cerned or of the Appeals Tr ibunal, appoint ano ther member from the panel.
(12) Where proceedings have commenced and no final decision has yet been delivered and one of the ordinary members has ceased to
be a member or for any other reason is unable to perform the functions of his office, the President may elect to appoint another
member from the panel in his stead and should it be strictly necessary for the proper determination of the case recommence proceedings,
or continue to hear the case with only one ordinary member:
Provided that where the term of appointment has expired and the ordinary member has not been reappointed, the ordinary member shall
continue to hear the case until its determination.
(13) The ordinary members of the Appeals Tribunal, shall, during an d aft e r t h e term o f o ffi ce, act with int e grit
y and not engage in any activity which would harm the proper administration
Cap. 378. Cap. 379.
of justice or which, due to knowledge gained from business secrets or other confidential information during the tenure of their office, would give rise to conflict of interest and harm the interests of the undertakings concerned. Any person who acts in contravention of this subarticle shall be guilty of an offence against this Act and shall on conviction be liable to a fine (multa) of not less than two thousand euro (€2,000) and the court may, in addition, award the punishment of temporary or perpetual general interdiction.
Registry of the Appeals Tribunal. Cap. 12.
Cap. 12.
Cap. 12. Cap. 379.
Cap. 378.
33. (1) The Registrar of Courts or any other person acting in his stead or on hi s behal f in acco r dance wi th th e Co de of Organization and Civil Procedure shall be the Registrar of the Appeals Tribunal.
(2) All acts of or brought before the Appeals Tribunal shall be k e pt in t h e R e gi st ry o f the Super i o r Cou r t s wh
ich sha ll be the registry of the Appeals Tribunal.
(3) The Minister responsible for justice may by regulations under this Act establish:
(a) the fees that may be due to the Registry of the Appeals
Tribunal;
(b) the fees that may be due to advocates, legal procurators and other persons representing the parties appearing
before the Appeals Tribunal; and
(c) the fees that may be due to experts appearing before the Appeals Tribunal:
Provided that until fees are prescribed by the Minister under paragraphs (a) to (c), the fees established in the Code of Organization and Civil Procedure shall apply.
(4) The Registry of the Appeals Tribunal shall keep both a confidential version and a non-confidential version of the
records of the Appeals Tribunal as may be so authorised by the Appeals Tribunal.
(5) The records of the Appeals Tribunal shall be accessible to all persons, and copies shall be given on payment of the prescribed
fee to any person on request:
Provided that due regard shall be had to the protection of any confidential information and business secrets.
(6) All acts shall be filed, issued and served in accordance with the provisions of the Code of O rganization and Civil Procedure, subject to any rules made under this Act, the Competition Act, the Co ns u m e r A f f a i r s Ac t an d an y ot he r Ac t, o r reg u l a ti o n s ma de thereunder or unless the Minister shall by regulations otherwise prescribe.
Personnel and sittings of the Appeals Tribunal.
Cap. 12.
(2) The sittings of the Appeals Tribunal shall be held on such days and at such times as shall be fixed by the President in the building of the Superior Courts.
36. (1) Without prejudice to article 70(3) the Appeals Tribunal, presided by its President, shall have jurisdiction to hear
and determine appeals from decisions, orders or measures of the D i r e ct or G e n e ral (Com peti ti on ) an d th e D i rect or
Gen e r a l (Consumer Af fairs) as provid e d in the Comp eti tion Act , the Consumer Affairs Act and any regulations made under the said Acts.
(2) The determination of any case before the Appeals Tribunal s h all be according to the unan imous opinion of the members deciding
the ca se or by majori ty d eci sio n wh ich m aj or i ty m ust include the President.
Appointment of lawyer.
Competence of the
Appeals Tribunal.
Cap. 379. Cap. 378.
(2) The Minister may make rules not inconsistent with this Act, th e Co mpet it io n Act and the Co nsu m e r Af fairs Act an d a n y regulations made thereunder, prescribing the procedures and the forms to be followed and used before the Appeals Tribunal.
(3) In the absence of provisions or rules as aforesaid, the
Appeals Tribunal shall regulate its own procedures.
38. Subject to the provisions of the Constitution, any other enactment applicable thereto, and without prejudice to the other provisions of this Act, the employment and appointment
of officials and other employees of the Authority shall be made by the Board and the terms and conditions of their employment and
appointment shall be established by the Boar d with the concu rrence of the Minister:
Provided that, notwithstanding article 12(8), for the purposes of subarticle (1), the Board shall follow any directives
and guidelines issued under article 38(1)(c), (d) and (e) of the Public Administration Act.
Procedures of the
Appeals Tribunal.
Cap. 379. Cap. 378.
Staff appointments.
Cap. 497.
Appointment of officers and employees of the Authority.
Detailing of public officers for duty. with the entities.
as may from time to time be necessary for the due and efficient discharge of the functions of the Authority.
(2) The period during which a direction as aforesaid shall apply to any officer specified therein, shall, unless the officer retires
from the public service, or otherwise ceases to hold office at an earlier date, or unless a different period is specified in such
direction, end on the happening of any of the following events:
(a) the acceptance by such officer of an offer of transfer to the service of, and permanent employment with, the Authority made
in accordance with the provisions of article 42; or
(b) the revocation of such direction by the Principal Permanent Secretary following the direction of the Prime Minister.
(3) Where a direction as aforesaid is revoked by the Principal Perman ent Se cre t ary in re lat i on to any of fice r, the Prin
cipa l Permanent Secretary may, by further direction and following the direction of the Prime Minister, detail such officer for duty
with the Authority in such capacity and with effect from such date as may be specified in the direction of the Principal Permanent
Secretary, and the provisions of subarticle (2) shall thereupon apply to the period o f du ra ti on of su ch de tai l i n g by a
ny suc h fu rt her d i rect io n in relation to such officer.
Status of public officers detailed for duty with the entities.
(2) Without prejudice to the generality of the foregoing, an officer detailed for duty as aforesaid:-
(a) shall not, during the time in respect of which he is so detailed:-
(i) be precluded from applying for a transfer to a department of the Government in accordance with the terms and conditions
of service attached to the Government appointment held by him at a date on which he is so detailed for duty; or
(ii) be so employed that his remuneration and conditions of service are less favourable than those which are
attached to the Government appointment held by him at the date aforesaid or which would have become attached to such
appointment, during the said period, had such
officer not been detailed for duty with the
Authority:
Provided that such terms and conditions shall not be deemed to be less favourable because they are not in all respects
identical or superior to those enjoyed by the officer concerned at the date of such detailing, if in the opinion of the Prime Minister,
such terms and conditions, taken as a whole, offer substantially equivalent or greater benefits; and
(b) shall be entitled to have his service with the Authority considered as service with the Government for the purposes of
any pension, gratuity or benefit under the Pensions Ordinance and the Widows’ and Orphans’ Pensions Act and for the purpose of any other right or privilege to which he would be entitled, and shall be liable to any liability to which
he would be liable, but for the fact of his being detailed for duty with the Authority:
Provided that in assessing the pensionable emoluments of such officer for the purposes of any law relating to government service
pensions, no account shall be taken of any allowances, bonuses or gratuities paid to such officer by the Authority in excess
of what he is entitled to as a public officer.
(3) Where an application is made as provided in subarticle (2)(a)(i), the same consideration shall be given thereto as if the applicant had not been detailed for service with the Authority.
(4) The Authority shall pay to the Government such cont ribut ions as may from ti me t o time be determined by
the Minister responsible for Finance in respect of the cost of pensions and g r atui ties earn ed b y an officer detailed for du
ty wit h the Authority as aforesaid during the period in which he is so detailed.
Cap. 93. Cap. 58.
(2) The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely because
th ey are not in all respects iden tical with or superior to those enjoyed by the officer concerned at the date of such offer, if
such terms and conditions, taken as a whole, in the opinion of the Prime Minister, offer substantially equivalent or greater benefits.
(3) Every officer who accepts permanent employment with the Aut horit y offered t o him u nd er the provi sion s of su barticl
e (1) shall, for all purposes other than those of the Pensions Ordinance and of the Wi dow s ’ and O r pha ns’ Pensio n s Act, and, saving the provisions of ar ticle 63, be deemed to have ceased to be in the
Offer of permanent employment with the Authority to public officers
detailed for duty
with the Authority.
Cap. 93. Cap. 58.
Cap. 58.
service of the Government and to have entered into service with the Authority on the date of his acceptance, and for the purposes
of the said Ordinance and of the said Act, so far as applicable to him, service with the Authority shall be deemed to be service
with the Government within the meaning thereof respectively.
(4) Every such officer as aforesaid who, immediately before accepting permanent employment with the Authority, was entitled to
benefit under the Widows’ and Orphans’ Pensions Act, shall continue to be so entitled to benefit thereunder to all intents
as if his service with the Authority was service with the Government.
(5) The Authority shall pay to the Government such co ntribu tion s as may from t ime to ti me b e d e termined
b y th e Minister responsible for Finance in respect of the cost of pensions and gratuities earned by an officer who has accepted
permanent em plo y m e nt wit h t h e Au tho r it y as aforesai d d u ring the peri od commencing on the date of such officer ’s
acceptance.
Cap. 93. (6) For the purposes of the Pensions Ordinance, the pensionable emoluments of such public officer on retirement shall be deemed to be the pensionable emoluments payable to an
officer in Government service in a grad e and at an incremental le vel corresponding to the post occupied and incremental level
on the date on which the officer retires from the Authority.
(7) (a) For the purposes of this article, posts and salary grades with the Author ity shall be cl assifi ed in the most nearly
co rrespondin g grades and incremen tal l e v e ls in the ser v ice un der the Go vern ment by reference to job description,
skills, responsibilities and other analogous factors.
(b) The classification referred to in paragraph (a) shall be carried out by a board composed of a Chairman appointed by the Minister responsible for Finance and two other
members, one appointed by the Minister responsible in general for personnel policies in the public service and one appointed
by the Authority. The classification shall be subject to the final approval of the Minister responsible for Finance.
(c) Such classification shall take place within three months of any adjustment of salaries of employees in Government
service and, or of employees of the Authority.
(d) No post shall be classified in a grade higher than that of a Grade 3 in the service of the Government or such other grade that
the Minister responsible for Finance may from time to time by notice in the Gazette determine.
(e) Without prejudice to article 113 of the Constitution, no person may, following a classification as aforesaid, be
Cap. 93.
entitled to rights under the Pensions Ordinance less
favourable than those to which he would have been entitled prior to such classification.
(a) disclose to the Board the nature of his interest at the first meeting of the Board after such interest is acquired or
in advance of any consideration of the matter, whichever is the earlier;
(b) neither influence nor seek to influence a decision in relation to such matter; and
(c) take no part in any consideration of such matter.
(2) Where a question arises as to whether or not a course of conduct, if pursued by a person, would constitute failure by him to
comply with the requirements of subarticle (1), the question shall be determined by the Board and the decision and its motivation
shall be recorded in the minutes of the meeting during which the decision was taken.
(3) Where a disclosure is made to the Board pursuant to subarticle (1), particulars of the disclosure shall be recorded
in the minutes of the relative meeting.
(4) Where a person to whom subarticle (1) applies fails to make th e require d disclosure , th e Board shall de cide the appropriate
action to be taken which may include the removal from office or termination of the contract of the person concerned.
Engagement of consultants and advisers.
Oath of secrecy.
Disclosure of interest.
Provided that the Directors General shall, with the approval of the Co-ordination Committee, draw up service values and Codes of Ethics
in respect of their respective entities to supplement any public service Code of Ethics.
(2) (a) The members of the Board, officers and employees of t h e Au th ori t y an d ad vi sors, con s ul tant s an d ot her persons engaged
with the Authority shall, following the termination of their office, act with integrity and not engage in any activity which, due
to knowledge gained from business secrets or other confidential in formation during the tenure of their office would give rise
to conflict of interest and harm the interests of any person; and
Code of Ethics.
Obligation to act with integrity following termination of office.
Exemption from liability.
Provisions of the Financial Administration and Audit Act.
Cap. 174.
Authority to meet expenditure out of revenue.
(b) any person who acts in contravention of this article shall be guilty of an offence against this Act and shall on conviction be
liable to a fine (multa) of not less than two thousand euro (€2,000) and the court may, in addition, award the punishment of temporary or
perpetual general interdiction.
(3) No action shall lie against the Authority, the organs of the Authority, the members of the Board, officers and employees of
the Authority and advisors, consultants and other persons engaged with the Authority for any act or omission in connection with this
Act or an y regu latio ns mad e th ereund er u n less t h e act or omi s si on is shown to have been done or omitted to be done,
as the case may be, in bad faith.
47. The Authority shall be governed by the provisions of the Financial Administration and Audit Act, unless otherwise stated in th e Auth or it y perf or mance ag reem en t ent e red in to b y th e Permanent Secretary and the Authority in terms of article 12(7) in which case the provisions of the latter will prevail.
(2) For the purposes of subarticle (1), the Authority, shall levy all fees, charges and other payments prescribed or deemed to
be prescribed by or under th is Act or any other law providing for matters falling under its respective powers and functions:
Provided that where the entities are specifically entrusted by law to charge fees or impose administrative fines, those fees and fines
shall be levied by the entities concerned.
(3) The Authority shall also be paid by the Government out of the Consolidated Fund such sums as the House of Representatives,
hereinafter referred t o as the "Ho u se", may from time to time authorise to be appropriated to meet any of its expenditure
that cannot be met out of its revenue and the costs of specified works to be continu e d o r otherwise carried out by it, being
works of infrastructure or of a similar capital nature.
(4) Any excess of revenue over expenditure shall, subject to such directives as the Minister, after consultation with the Minister
responsible for Finance, may from time to time give, be applied by the Authority to the formation of reserve funds to be used for
its p urp oses an d w ith out preju dice to the generali ty of th e po wers given to the Minister by this subarticle, any directive
given by the Minister as aforesaid may order the transfer to the Government, or the application in such manner as may be specified
in the direction, of any part o f the fees, charge s and other paymen ts lev i ed in accordance with subarticle (2).
(5) Any funds of the Authority not immediately required to
to time be approved by the Minister.
(2) The Authority may also, from time to time, borrow, by way of overdraft or otherwise, such sums as it may require for carrying
out its functions under this Act:
Provided that for any amount in excess of one hundred and twenty thousand euro (€120,000), there shall be required the written
approval of the Minister.
Power to borrow or raise capital.
(2) Notice in writing of any loans, liabilities or advances made or incurred under the foregoing provisions of this article shall
be laid on the Table of the House as soon as practicable.
(3) Pending the raising of any such loan as is mentioned in subarticle (1), or for the purpose of providing the Authority with
work in g c a pi tal , th e Min i st er re spon sib l e for Fin a nc e m a y, by warrant under his hand, and without further appropriation
other than this Act, authorise the Accountant General to make advances to it out of the Treasury Clearance Fund under such terms
as may be specified by the Minister upon the making thereof.
(4) The proceeds of any loan raised for the purposes of making advances to the Authority and any other monies to be advanced to
the Authority under this article, shall be paid into a fund specially established for the purpose and which shall be known as the
"Malta Competition and Consumer Affairs Authority Loan Fund".
(5) Sums received by the Accountant General from the Authority by way of repayment of advances made to the Authority
under subarticle (3) shall be paid into the Treasury Clearance Fund
Advances from
Government.
Borrowing from
Government.
and sums received by the Accountant General by way of interest on such advances shall be paid into the Consolidated Fund.
Estimates of the
Authority.
Provided that the estimates for the first financial year of the Authority shall be prepared and adopted within such time as the Minister
may by notice in writing to the Authority specify.
(2) In the preparation of such estimates, the Authority shall take account of any funds and other monies that may be due to
be paid to it out of the Consolidated Fund during the relevant financial year, whether by virtue of this Act or of an appropriation
Act or of any other law and it shall so prepare the said estimates as to ensure that its total revenues are at le ast suff icient
to meet al l su m s properly chargeable to its revenue account including, but without prejudice to the generality of that expression,
depreciation.
(3) The estimates shall be made out in such form and shall con t ain su ch i n formati on and such comparison wi th previous
estimates as the Minister responsible for Finance may direct.
(4) A copy of the estimates shall, upon their adoption by the Authority, be sent forthwith to the Minister and to the Minister
responsible for Finance.
(5) The Minister shall, at the earliest opportunity and not later than six weeks after he has received a copy of the estimates
from the Authority, approve the same with or without amendment after consultation with the Minister responsible for Finance.
Expenditure to be according to approved estimates.
(2) Notwithstanding the provisions of subarticle (1) -
(a) until the expiration of six months from the beginning of a financial year, or until the approval of the estimates for
that year, whichever is the earlier date, the Authority may make or incur expenditure for carrying on its functions under
this Act not exceeding in the aggregate one half of the amount approved for the preceding financial year;
(b) expenditure approved in respect of a head or sub-head of the estimates may, with the approval of the Minister, given after consultation
with the Minister responsible for Finance, be made or incurred in respect of another head or sub-head of the estimates;
(c) in respect of the first financial year, the Authority may make or incur expenditure until the approval of the estimates for
that year not exceeding in the aggregate
may, after consultation with the Minister allow; and
(d) if in respect of any financial year it is found that the amount approved in the estimates is not sufficient or a need has arisen
for expenditure for a purpose not provided for in the estimates, the Authority may adopt supplementary estimates for approval
by the Minister, and in any such case the provisions of this Act applicable to the estimates shall as near as practicable
apply to the supplementary estimates.
(2) The accounts of the Authority shall be audited by an auditor or auditors to be appointed by the Authority with the concurrence
o f the Minister responsible for fi nance and sh all moreover be subject to scrutiny by the Financial Management Monitoring Unit,
and audit by the Internal Audit and Investigations Directorate and the Auditor General as the case may be.
(3) The Authority shall not later than six weeks after the end of each financial year present to the Minister through the Permanent
Secretary an audited statement of accounts together with a copy of any repor t made by th e aud ito rs on that stat ement or on the
accounts of the Authority.
(4) The Minister shall cause a copy of such statement and report to be laid before the House not later than six weeks
after its receipt or, where the House is not in session, not later than the second week after the House resumes its sittings.
Publication of approved estimates.
Accounts and audit.
(2) All payments out of the funds of the Authority, other than petty disbursements not exceeding a sum fixed by the Authority,
shall be made by such officer or officers of the Authority as shall be appointed or designated for that purpose.
(3) Cheques against and withdrawals from any bank account of the Authority shall be signed by such officer of the Authority as
may be appointed or designated by the Authority for that purpose and shall be countersigned by the Chairman or such other member
or officer as may be authorised by the Authority for that purpose.
Deposit of revenues and payments by the Authority.
(4) The Authority shall also make provision with respect to:
(a) the manner in which and the officer or officers by whom payments are to be authorised or approved;
(b) the title of any account held with the bank or banks into which its monies are to be paid, and the transfer of funds from one
account to the other; and
(c) the method to be adopted in making payments out of its funds, and generally with respect to any matter which is relevant
to the proper keeping and control of the accounts and books and the control of its finances.
Contracts of supply or works.
Annual Report. 58. The Authority shall, not later than six weeks after the end of each f i nancial year, presen t t o t h e Mini ster t h rou g h th e Permanent Secretary a report dealing generally with the activities o f the Aut h o r i t y durin g t h at finan c ial year, d i sti ngu ishi ng , in p ar ticul ar, betw een each of su ch enti ties as may be est ablished under the provisions of this Act and containing such information relating to the proceedings and policy of the Authority as the Minister may from time to time require.
Laying of Annual Report before the House.
Transfer of assets to the Authority.
60.(1) (a) The property and undertakings owned by the Consumer and Co mpet it io n Dep a rt ment , Mal t a S t and a rds A uth or ity an
d M alta Nat ion al Labor ato ry Co mp any Lim ited and us ed by any one of them, immedi ately before the date of the coming into
force of this Part of this Act, or owned by the Government, and used by any of the said Department, Authority or Company for the
operation of any of the functions which by this Act are being transferred to or vested in the Authority shall, on the date aforesaid,
by virtue of this Act and without further assurance, be transferred to and be vested in the Authority under the same title by which
they were used or held by the said Department, Authority or Company immediately before the said date.
(b) The immovable assets from time to time specified in an order made by the President of Malta and published in the Gazette,
hereinafter referred to as "the immovable assets", being immovable assets which, immediately before the
coming into force of this Part, were owned by the Government and used by it for the
exercise of any of the functions which by this Act are being transferred to or vested in the Authority shall, with effect from such
day as may be specified in any such order, and by virtue of this Act and without any further assurance, be transferred to and vested
in the Authority under the same title by which they were held by the Government before such day.
(2) The transfer and vesting aforesaid shall extend to the whole of such property and undertakings and, without prejudice to the
general ity of the aforesai d, shall inclu d e all pl an t, equi pm en t, apparatus, instruments, vehicles , crafts, buildi ngs,
structures, installations, land, works, stocks and other property, movable or imm ovab le, assets, powers, rights and pri vileges
and all th ings necessary or ancillary thereto wh ich are h e ld or enj oyed in co nnection t h erewith o r appert ai ning th ereto,
as well as all obligations affecting or relating to any of the aforesaid property or undertakings or other thing included therein
as aforesaid.
(2) Any reference in any law to the Office for Fair Com p etit ion , Depar tmen t o f Co nsum er A ff a irs, Con s umer and Competition Department, Malta Standards Authority and the Malta National Laboratory Company Limited shall be read and construed as a reference to the Authority and, or to any of the entities as may be established under this Act, as the case may require.
Construction of laws and related matters.
(2) Where, immediately before the coming into force of this Part of the Act, any legal proceedings are pending to which the Gov e rnm e nt , t h e Con s um er an d C o m p et it io n Dep a rt m e nt , th e Malt a St an dard s Auth or ity an d the M a lta Na tion al L a bo ra to ry Com p any Lim ited is or i s en titled to be a par t y, an d such proceedings are related to any of the properties or undertakings, or any right or liability transferred by or under this Act, the Authority
Transitory provisions.
shall, as from the date aforesaid, be substituted in such proceedings for the Government or for the aforesaid Department, Authority
or Company, as the case may be, or shall be made a part thereto in like m ann er as the Government, any such Departm ent, Authority
or Comp an y coul d have become a party as aforesaid , an d such proceedings shall not abate by reason of the substitution.
(3) The Minister may, by order, make such incidental, consequent ial and supplement a l provisions as he may d eem
n ecessary or ex ped i en t fo r th e p u rpose of det e rm in in g, a s appropriate, the assets transferred to the Authority by
this Act and securing and giving full effect to the transfer of any property or undertaking or any right or liability to the Authority
by this Act and make such orders as may be necessary to make any powers and duties exe r c i sa ble by the Go vern m e nt , th e
Co nsu m er an d Competition Department, the Malta Standards Authority and the Malta National Laboratory Company Limited in relation
to any of the transferred property or undertakings exercisable by or on behalf of the Authority.
Persons deemed public officers. Cap. 9.
Service of acts of the Authority.
Cap. 379. Cap. 378.
63. For the purposes of the Criminal Code and of any provision of a penal natu re in any ot her l a w, th e members o f t h e Board, officers and employees of the Authority, shall be deemed to be public officers.
(2) Where the Authority is required to, or decides to, notify its acts under this Act, the Competition Act, the Consumer Affairs Act or under any other Act, or regulations made thereunder, it shall do so in any of the following ways:
(a) by delivering it to the person or by leaving it at the address at which the person ordinarily resides or carries on business
or place of work or postal address of such person with a member of his family or household or with a person in his
service or his attorney or person authorised to receive his mail:
Provided that it shall not be lawful to leave such copy with any person under the age of fourteen years, or with any person who,
on account of infirmity of mind, is unable to give evidence of such service. A person shall be presumed to be able to give such
evidence unless the contrary is proved; and no objection may be raised on the ground of irregularity of the service for any of those
reasons, if it is shown that the copy has actually reached the person to be served therewith:
Provided further that where a person to whom a notice is addressed refuses to receive it personally from an officer of the Authority,
the Appeals Tribunal may upon an application by the Authority and after hearing
the officer of the Authority and considering all the circumstances of the incident, declare that such service shall have been
effected on the day and time of the refusal and such declaration shall be considered as a proof of service for all purposes of law;
(b) by sending it by registered post to the person at the address at which the person ordinarily resides or carries on business;
or
(c) if an address for the service of notices has been provided by the person, by leaving it at, or sending it by registered
post addressed to the person to that address; or
(d) in any case where the Authority considers that the immediate delivery of the act is required, by sending it, by means
of a facsimile machine or by electronic mail, to a device or facility for the reception of facsimiles or electronic mail
located at the address at which the person ordinarily resides or carries on business or, if an address for the service
of acts has been furnished by the person, that address, provided that the facsimile machine of the Authority generates a message
confirming successful transmission of the total number of pages of the notice or the facility of the Authority for the
reception of electronic mail generates a message confirming receipt of the electronic mail:
Provided that the provisions of paragraph (d) shall not apply to the notification of documents filed before the Appeals Tribunal or any court.
(3) If it appears from the employee charged with the service of an act that, although it does not result that the person upon whom
su ch an act is to be served is abroad and acce ss to his place of residence cannot be obtained, or his place of residenc e is not
known, the Appeals Tribunal, upon an application by the Authority, may direct service to be effected by the posting of a copy of
the act at the place, in the town or district in which official acts are usually posted up, and by publishing a summary of such act
in the Gazette and in one or more daily newspapers as the Appeals Tribunal may direct, and where possible, when the residence is
known, by posting up a copy of the act on the door leading to such residence. The Appeals Tribunal may also adopt such other measures
as it may deem fit to bring the act to the attention of the person upon whom the same is to be served. In such cases, service shall
be deemed to ha ve been made on th e third working day afte r the date of last publication or after the date of such posting, whichever
is the later. In cases where service has been ordered with urgency, service shall be de em ed t o hav e bee n m a de at su ch t i
m e , afte r po sti n g or publication as the Appeals Tribunal may determine, which time is to be stated in the publication or posting.
(4) In the case of a body having distinct legal personality, service on such body shall be effected by leaving a copy
of the act:
(a) at its registered office, principal office, or place of business or postal address of the person or persons vested
with the legal or judicial representation thereof or by any company secretary or with an employee of such body; or
(b) with the person or persons vested with the legal or judicial representation thereof or by any company secretary in
the manner provided for in subarticle (2).
(5) The provisions of this article shall also apply with respect to the notification of acts issued by the entities of the Authority
under this Act or any other law enforced by them.
Power of Minister to make regulations.
(a) prescribing fees or charges that may be charged by the Authority under this Act or any other Act, or regulations
made thereunder which it administers;
(b) providing for additional methods of effecting service of acts of the Authority or altering or removing any of the methods prescribed
under article 64;
(c) generally for the better carrying out of the objects and purposes of this Act, or any other Act , or regulations made thereunder
administered by the Authority;
(d) prescribing the mark or symbol that is to be used to indicate conformity with any standard, technical regulations and
code of practice as indicated in article
24;
(e) prescribing the manner and form in which any application for a conformity mark shall be made, the information which
such application is to contain, and the fees payable in respect thereof;
(f) prescribing the manner and form in which permits shall be issued by the Authority and the fees payable in respect thereof;
(g) providing for the publication of draft standards and the manner in which the public can make representations thereon to the Authority;
and
(h) prescribing for other matters that are or may be prescribed under this Act or any other Act, or regulations
made thereunder applied by the Authority.
(2) Notwithstanding any provision in any other Act or regulations, where the Minister under such Act or regulations
is em pow er ed to make reg u l a t i on s on matt ers fall ing with in th e competence of the Authority, the Minister shall, without
prejudice to any other consultation required under such Act or regulations, consult the Board.
Establishment of
Directorates.
Order in t h e Gazette, ab olish any one or mo re o f the sai d Directorates, vary their responsibilities and establish such other
Directorate as he may from time to time deem appropriate:
Provided that the Board may, temporarily or for a specific purpose, authorise the Director General heading the entity concerned, to
allow that a particular function of one Directorate be performed by another Directorate within the same entity, should this be expedient
for the proper exercise of that function or for that specific purpose.
(2) Each Directorate, so established, shall be headed by a p e rson w ho shall b e in p o ssession o f r e co gn ised pro
f ession al qualifications and experience in relation to the area of operation of such D i rectorate an d who shal l be ap poin t
ed by t h e Board, following consultation with the Minister, for a period of three years and such period may be extended for further
periods of three years each:
Provided that the first head of each Directorate shall be appointed by the Minister.
(3) The Director General of each respective entity shall-
(a) without prejudice to article 5(4), assume full responsibility for the overall supervision and control of the
Directorates within that entity;
(b) assign to each Directorate within that entity such duties which are by, or in accordance with, the provisions
of this Act vested in each Directorate; and
(c) co-ordinate the workings of the Directorates within that entity.
(2) In the event of conflict or incompatibility between the Maltese and English texts of any regulations made under this Act, the English language version shall prevail.
Responsibilities of
Directorates.
Language of regulations.
69. Any administrative fine payable to the Authority shall be recoverable as a civil debt by it and shall constitute an executive
title for all effects and purposes of Title VII of Part I of Book II of the Code of Organization and Civil Procedure.
70. (1) The provisions of the Competition Act and of the Consumer Affairs Act existing prior to the coming into force of this Act shall continue to apply, as the case may be, to all:
(a) investigations pending at the time of coming into force of this Act before the Director of the Office for Fair Competition and
the Director of Consumer Affairs,
Administrative fines.
Cap. 12. Transitory
Provisions in
relation to the
Competition Act
and the Consumer
Affairs Act.
Cap. 379.
Cap. 378.
Cap. 379. Cap. 378.
Cap. 379.
Cap. 379.
Cap. 378.
Cap. 379.
Cap. 378.
both as substituted by the Director General (Competition) and Director General (Consumer Affairs) by
this Act;
(b) proceedings pending at the time of coming into force of this Act before the Commission for Fair Trading and the Consumer Affairs
Appeals Board, both as substituted by the Appeals Tribunal, the Consumer Claims Tribunal and the courts; and
(c) decisions and judgments which are not yet res judicata, at the time of coming into force of this Act.
(2) Without prejudice to article 27A(10)(c) of the Competition Act, in the case of an infringement of th e Competition Act, of Articles 101 and, or 102 of the TFEU or of the Consumer Affairs Act, which took place before the coming into force of this Act but in respect of which no investigation by the Director of the Office
for Fair Comp etit ion , th e Euro pean Commi ssi on, natio nal competition authority and the Director for Consumer Affairs was
initiated and no proceedings were instituted before the ordinary courts or the Consumer Claims Tribunal, the provisions of this Act
an d t h e pro v isio ns of the Competi tion Act an d th e Cons umer Affairs Act as amended by this Act, shall apply:
Provided that in respect of the application of measures of a pun iti ve nature u nder t h e Co mpetit ion Act , t h e und ert a k i ng concerned shall have the option of choosing whether the measures in force prior to the coming into force
of this Act or the measures provided for in this Act shall apply.
Provided further that once the undertaking concerned has communicated its choice, its decision shall be final.
(3) For the purposes of subarticle (1)(b) the Appeals Tribunal shall be vested with the powers of:
(a) the Commission for Fair Trading as provided in the Competition Act prior to the coming into force of this Act; and
(b) the Consumer Affairs Appeals Board as provided under the Consumer Affairs Act prior to the coming into force of this Act.
(4) For the purposes of subarticle (1)(a) the Director General (Competition) shall be vested with the powers of the Director of
the Office for Fair Competition as provided in the Comp etition Act prior to the coming into force of this Act.
(5) For the purposes of subarticle (1)(a) the Director General (Consumer Affairs) shall be vested with the powers of the Director
of Consumer Affairs as provided in the Consumer Affairs Act prior to the coming into force of this Act.
Regulations. Cap. 419.
71. Regulations made under the Malta Standards Authority Act shall continue to be in force as if made under the provisions of this Act and may be amended and revoked accordingly.
National standards. 72. National standards shall be designated as SM XXX:YYYY,
where XXX is an integer number and YYYY the year of adoption.
FIRST SCHEDULE (ARTICLE 44)
FORM OF OATH
I, ............................ swear/solemnly affirm that I will fully and honestly fulfil my duties as an officer of the Authority
in conformity with the requirements of the Malta Competition and Consumer Affairs Authority Act 2011, and any other laws that the
Authority administers and of all orders made thereunder, and that I will not, except in the performance of my duties under that Act
and such other laws and orders, disclose or make known during my service as an officer within such Authority or at any time thereafter,
any matter which comes to my knowledge relating to any person, ho usehol d o r u ndert ak ing by reason of m y servi c e as an of
fi cer wit h in such Authority.
So help me God.
SECOND SCHEDULE (ARTICLE 37)
RULES OF PROCEDURE RELATIVE TO THE COMPETITION AND CONSUMER APPEALS TRIBUNAL
1. The Appeals Tribunal shall determine any matter before it with fairness and impartiality and in accordance with the provisions of
this Act, the Com p etition Act, the Consumer Affairs A c t and any regulations m ade thereunder.
2. Before entering upon their functions, the ordinary members of the Appeals Tribunal shall take before the President an oath to perform
their functions with fairness and impartiality and in accordance with the provisions of this Act, the Competition Act, the Consumer Affairs Act and any regulations made thereunder.
3. An ordinary member of the Appeals Tribunal shall abstain and may be challenged in the same circumstances, mutatis mutandis, as a judge of the superior courts shall abstain or may be challenged in accordance with the Code of Or ganization and Civil Procedu r e . An y challenge shall be determined by the President.
Provided that the undertaking or association of undertakings concerned, or the Director General (Competition) and the Director General
(Consumer Affairs), or th e complainant may r equest the President to be heard in camera where the submissions to be made or evidence to be produced is of a confidential nature or contains business secrets.
Provided further that the Director General (Competition) and the Director Gen er al (Co nsu me r Affai r s) and an y other officer
from the Office for Competition and the Office for Consumer Affairs duly authorised by the sai d Di rec t o r s Gen e r a l, shal
l h a ve th e ri gh t to b e pr esen t in al l proceedings.
7. (a) A confidential and a non-confidential version shall be produced of any written observations and documentary evidence submitted
before the Appeals Tribunal; and
(b) The Appeals Tribunal shall verify the confidentiality or otherwise of the information submitted.
powers vested in the Civil Court, First Hall, and in particular the power to determine the costs that any of the parties is to bear,
the power to summon witnesses, the power to appoint experts and the power to administer the oath.
Where a witness duly summoned fails to appear on the day on which he is summoned, the President may order the Police to arrest such
witness and produce him before the Appeals Tribunal to give evidence.
THIRD SCHEDULE (ARTICLE 18)
LIST OF EU LEGISLATIVE ACTS FOR THE PURPOSES OF WHICH THE OFFICE FOR CONSUMER AFFAIRS IS THE NATIONAL COMPETENT
AUTHORITY
1997 on the Protection of Consumers in respect of Distance Contracts.
October 19 97 amending Directive 84/450/EEC concerning misleading advertising so as to include comparative advertising.
February 1998 on consumer protection in the indication of the prices of
products offered to consumers.
295/91.
May 2005 concerning unfair business-to-consumer commercial practices
in the internal market and amending Council Directive 84/450/EEC , Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European
Parliament and of the Council.
April 2008 on credit agreements for consumers and repealing Council
Directive 87/102/EEC.
FOURTH SCHEDULE (ARTICLE 66)
DIRECTORATES
Subject to the powers of the Minister under article 66, the Office for Competition, the Office for Consumer Aff a irs, t h e Tech
ni cal Regu lat i o n s Di v i si on an d th e Standards and Metrology Institute, shall have the following Directorates:
Office for Competition
1. Inspectorate and Cartel Investigations Directorate with the responsibility to carry out inspections in terms of the Competition Act and to detect and curtail cartels.
Office for Consumer Affairs
Technical Regulations Division
Standards and Metrology Institute
scientific metrology.
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