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Maltese Laws |
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.
BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:-
(2) This Act shall come into force on such date as the Minister, by notice in the Gazette, may appoint and different dates may be so appointed for different provisions of this Act.
Appeals Tribunal established by article 31;
"approved university" shall have the same meaning as the term "competent authority" in terms of article 2 of the
Mutual Recognition of Qualifications Act;
"association of undertakings" shall have the same meaning assigned to it in article 2 of the Competition Act;
"Authority" means the Malta Competition and Consumer
Affairs Authority established by article 3;
Short title and commencement.
Interpretation.
Cap. 451.
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"Board" means the Board of Governors established by article 8;
S.L. 379.08.
Cap. 378.
Cap. 378.
"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 engaged with the Authority have private or personal interests sufficient to influence or appear
to influence the exercise of their duties;
"conformity mark" means a mark, issued in accordance with regulations made under article 24, showing compliance with an
applicable standard;
"consumer association" or "registered consumer association" means an association registered in terms of Part IV
of the Consumer Affairs Act;
"Consumer Protection Co-operation Regulation" means 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);
"Council" means the Consumer Affairs Council as established under article 4 of the Consumer Affairs Act;
"Director General (Office for Competition)" means the person so appointed by virtue of article 13(2);
"Director General (Office for Consumer Affairs)" means the 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;
"entities" means the Office for Competition, Office for
C 1061
Consumer Affairs, Technical Regulations Division and the 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;
"TFEU" means the Treaty on the Functioning of the European
Union;
"financial year" means any period of twelve months ending on the 31st December; provided that the first financial year shall
start on the coming into force of this Act and shall end on the 31st December of the following year;
"functions" includes powers and duties; "Gazette" means the Government Gazette;
"Management Committee" means the committee established by article 5;
"Minister" means the Minister responsible for competition, consumer affairs, standardization, metrology and technical
regulations;
"Ministry" means the Ministry responsible for competition, consumer affairs, standardization, metrology and technical
regulations;
"national competent authority" shall have the same meaning assigned to "competent 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;
Cap. 497.
C 1062
"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;
Cap. 497.
Cap. 379.
"President" means the President of the Appeals Tribunal 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 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;
"public sector" for the purposes of this Act includes ministries, government departments, public entities, public corporations,
governmental agencies and local councils;
"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 recognised standardization body for repeated or continuous application,
with which compliance is not compulsory, whether or not including other requirements, and which 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;
"standards programme" means a work programme listing the
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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, packaging, marking or labelling used and the conformity assessment procedures. This term also covers production
methods and processes used in respect of agricultural products, products intended for human and animal consumption, and medicinal
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 standards are fulfilled, including, inter alia, procedures for sampling, testing and inspection; evaluation, verification and assurance of conformity, registration, accreditation
and approval as well as their combinations;
"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.
(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 Authority may appoint any one or more
Cap. 378. Cap. 379.
Establishment
of the Authority.
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of its 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;
Provided further that in matters relating exclusively to 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;
Organs of the
Authority.
Functions of the
Authority.
(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 Management 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 in the Office for Fair Competition, Department of Consumer Affairs
and Malta Standards Authority and, from the entry into force of this Act, shall assume responsibility for all assets, liabilities
and obligations previously entered into by the said Office, Department and Authority or by other bodies on their behalf.
(c) to promote voluntary standards and provide standardization related services;
(d) to promote the national metrology strategy;
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(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.
(2) Subject to the other provisions of this Act, the management of the Authority, its administration and organisation and the administrative
control of its officers and employees, shall be the responsibility of the Management Committee of the Authority, which shall also
have such other powers as may from time to time be delegated to it by the Board.
(3) The Chairman shall preside over the Management
Committee.
(4) The Chairman shall be responsible for the corporate services and the general co-ordination of the Authority’s administrative
affairs.
(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 management of the Authority in its compliance with policies and in
the discharge of its regulatory and compliance functions.
(2) The Internal Auditor shall report directly and exclusively to the Board in accordance with the procedures established by the
Authority.
Establishment of the Management Committee.
Establishment of the Internal Audit function.
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Responsibilities of the entities. Cap. 379.
Cap. 378. Cap. 427.
Establishment of the Board of Governors.
Composition of the Board.
(2) The Authority shall achieve the functions set out in article
4 through the responsibilities vested in the respective entities, as provided under sub-article (1).
(3) The responsibilities vested in each entity and its day-to- day operations 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 entities, the Directors General shall ensure that they implement
the policies set by the Authority and give effect to government policy and for this purpose, they shall be subject to the overall
supervision and control of the Authority.
Authority, hereinafter referred to as the ''Board''.
(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) seven other members who shall have the necessary technical competence in consumer issues, competition issues, matters related
to technical harmonization, metrology and standards and the regulation of medicinal products and pharmaceutical activities, to be
appointed by the Minister, being:-
(i) one member holding the warrant to practise as advocate with seven years experience and specialisation in competition law and,
or in consumer law;
(ii) one member holding an economics degree from an approved university with seven years experience
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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 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 business community, as represented in the Malta Council for Economic and Social Development;
and
(vii) one member, after consultation with recognised national consumer associations, if any:
Provided that in the eventuality that there should be no such association the Minister may appoint a temporary member until such time
wherein a member representing a national consumer association is nominated; and
(c) one of the members as appointed in sub-paragraphs
(b)(i) to (v) shall be nominated as Deputy Chairman.
(2) The Deputy Chairman shall have all the powers and perform all the functions of the Chairman during the latter’s absence
or inability to act as Chairman or while the Chairman is on vacation or during any vacancy in the office of Chairman, 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
Cap. 321.
Duties of the
Secretary.
C 1068
Persons not eligible to hold office.
Cap. 13.
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 Chairman or 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
(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 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).
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(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; and
(f) Any member of the Board may resign from office by a letter addressed to the Minister.
(6) The Chairman and 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 interest which disqualifies such member from remaining a member, shall, not later than the first meeting held after the
relevant circumstances have come to his knowledge, disclose the nature of his interest to the Board, and the member having an interest
as aforesaid shall withdraw from any meetings at which such matter is discussed. Any such disclosure 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, subject to
C 1070
Conduct of the affairs of the Board.
Duties of the
Board.
the provisions of sub-article (3), cease 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.
Board may regulate its own procedure.
(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 number.
(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; and
(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) Subject to the foregoing provisions of this article, no act or proceeding of the Board shall be invalidated merely by reason
of the existence of any one vacancy among the members.
(7) All acts done by any person acting in good faith, as a member of the Board, shall be valid as if he were a member notwithstanding
that some defect in his appointment or qualification be afterwards discovered.
(8) 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.
C 1071
(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 government policies relating
to consumer and competition matters, standards, metrology and technical regulations;
(c) to guarantee the functional independence of the entities;
(d) to publish the business plan after its approval by the Minister following consultation with the Minister responsible
for Finance;
(e) to publish the annual report;
(f) to approve any Memorandum of Understanding, bilateral or multilateral agreements proposed;
(g) to advise, make proposals and recommendations to the Minister on any matter connected with its functions; and
(h) 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 access to confidential information pertaining to any individual person,
household or undertaking obtained by the entities in the performance of their responsibilities.
Relations between the Minister and the Authority and supervision by Permanent Secretary.
C 1072
Cap. 378. Cap. 379.
Cap. 427. Cap. 454. Cap. 449. Cap. 430.
Cap. 497.
(2) Save as otherwise provided in 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, the Authority shall
be under the general direction and control of the Minister and, subject to such direction and control, under the supervision of the
Permanent Secretary responsible for the 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 Act, the Food Safety Act, the Pesticides Control 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 exercised by the Directors General of the Office for Competition
and Office for Consumer Affairs under this Act, the Competition Act and the Consumer Affairs Act respectively or any other law or
regulations with respect to the prioritisation, 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
activities and furnish him with returns, accounts 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 Minister may make an order transferring
to the Minister in whole or in part any its functions.
(7) The operations of the Authority shall follow an Authority performance agreement 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) Save as otherwise provided in 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, Article 38 of the
Public Administration Act shall mutatis mutandis apply.
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(2) The Director General (Office for Competition) shall be a person with professional qualifications, recognised competence, experience
and specialisation in the domain of competition law and, or industrial organisation economics and, preferably, with knowledge of
consumer matters, and shall be appointed by the Authority, 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 (Office for
Competition) shall be appointed by the Minister.
(a) to investigate, determine and suppress restrictive practices;
(b) to examine and control concentrations between 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;
Establishment of the Office for Competition.
Responsibilities of the Office.
C 1074
(g) to provide advice to the public sector about the competition implications of proposals for legislation;
(h) to provide advice to the public sector on the competition issues which may arise in the performance of its 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;
and
(m) to submit an annual report on its work to the Board;
(n) generally to exercise the powers conferred upon it
Cap.379.
Different degrees of priority.
under this Act and under the Competition Act and any regulations made thereunder.
(2) In the exercise of the responsibilities mentioned in sub- articles (1)(d) and (e), the Director General (Office for Competition)
shall liaise with the Director General (Office for 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 (Office for 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.
15. (1) The Director General (Office for Competition) may allocate different degrees of priority to the cases brought or pending
before him and in doing so he 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 1075
(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 authority under its regulatory
regime.
(2) The Director General (Office for Competition) may from time to time issue guidelines under this article.
(2) The Director General (Office for Consumer Affairs) shall be a person with professional qualifications, recognised competence,
experience and specialisation in the domain of consumer law, and, or behavioural economics and shall be appointed by the Authority,
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 (Office for
Consumer Affairs) shall be appointed by the Minister.
Establishment of the Office for Consumer Affairs.
Affairs shall be the following:
(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
Responsibilities of the Office for Consumer Affairs.
C 1076
take such action as in its power to redress any justified 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 the public sector about the implications for consumers arising from proposals for legislation;
(m) to advise the public sector on the consumer issues which may arise in the performance of its 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 a 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
C 1077
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;
and
(t) to submit an annual report on its work to the Board;
(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 articles
17(1)(i) and (j), article 14(2) shall mutatis mutandis apply to the
Director General (Office for Consumer Affairs).
(3) Nothing in this Act or in any other law shall be construed to give any consumer a right to require the Director General (Office
for 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.
(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, experience and specialisation in technical harmonization and matters relating to conformity assessment, and shall be appointed by the Authority, following consultation with the Minister, for a period of
Obtaining information.
Establishment of Technical Regulations Division.
C 1078
three years and such period may be extended for further periods of three years each:
Responsibilities of the Technical Regulations Division.
Cap. 427. Cap. 449. Cap. 430.
Provided that the first Director General (Technical
Regulations) shall be appointed by the Minister.
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;
(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:
For the purpose of this paragraph, "programmes of technical assistance" includes the setting up and maintenance
of
C 1079
an accreditation programme;
(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;
(c) Decision No 768/2008/EC of the European
Cap. 500.
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Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products; and
(d) related activities.
Establishment
of the Standards
and Metrology
Institute.
Responsibilities of the Standards and Metrology and Metrology Institute.
(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 Authority, 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.
Metrology 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;
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(c) to publish lists of standardization bodies that are recognised by the Standards and Metrology Institute for the purposes
of this Act;
(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;
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Cap. 454.
(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 entrusted with the co-ordination of standardization 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 for industry.
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(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.
(2) Notwithstanding the other provisions of this Act or of any other law, the list of standards afore-mentioned and any standard made, adopted or transposed by the Standards and Metrology Institute may be made, published, prescribed or made available to the public either in the Maltese or English language.
(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
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;
(b) state the country where the said goods are produced, manufactured or processed; and
(c) 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
and Metrology Institute shall in regard to any such permit authorize, on application, the substitution of the person named therein
as will be proved to be necessary.
Variation, Substitution or Revocation of Standards.
List of Standards to be published.
Conformity
Mark.
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Powers of the Standards and Metrology Institute to inspect premises and obtain information.
Provision of
Information.
(4) For the purpose of this Part the particulars referred to in paragraphs (a) and (b) shall be deemed to form part of the description of the product and, or, service to which they refer.
(2) Any person who denies the said right of access in any such place to an officer authorized as aforesaid or in any such place hinders or obstructs him in the discharge of his duties shall be guilty of an offence and shall be liable on conviction by the Court of Magistrates to a fine (multa) of not less than one hundred and twenty euro (€120) and not exceeding five hundred euro (€500) or to imprisonment for a term from one to three months or to both such fine and imprisonment.
(2) The Offices may request information from the public sector or any body carrying out a regulatory function 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 may enter into agreements for the exchange of information and other forms of collaboration with bodies having regulatory
functions.
(4) Any agreement entered into by the Office for Competition in terms of sub-article (3) shall not apply to investigations initiated
by
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it concerning alleged breaches of Articles 101 and, or 102 of the
TFEU.
(2) Any person who contravenes the provisions of sub-article (1) 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 not exceeding ten thousand euro (€10,000).
(2) Any person, undertaking or association of undertakings or any other body which submits information or comments in one of the
situations listed hereunder or subsequently submits further information to the Director General in the course of an investigation,
shall clearly identify any material which it considers to be confidential, giving reasons therefor, and provide
a separate non- confidential version by the date set by the Director General for making its submissions known:
- 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 Competition Act or under the Consumer Affairs Act;
- an addressee of the statement of objections made under article 12A of the Competition Act making known his views on the objection;
- a complainant making known his views on the statement of objections under article 12A of the Competition Act;
- a complainant making known his views on the letter of the Director General (Office for Competition) informing him of the Office’s
intention to reject the complaint made under article 14(2) of the Competition
Disclosure of confidential information.
Identification and protection of confidential information.
Cap. 379. Cap. 378.
C 1086
Act;
- the addressee of an invitation by the Director
General to engage in settlement discussions under article
12B of the Competition Act.
(3) Without prejudice to sub-article (2), the Directors General may require persons, undertakings and an association of undertakings
or any other body that submit documents or statements pursuant to this Act to identify the documents or parts of documents which
they consider to contain business secrets or other confidential information belonging to them and to identify the undertakings with
regard to which such documents are to be considered confidential.
(4) In the case of a statement of objections sent by the Director General (Office for Competition) under the Competition Act and
in the case of a decision adopted by the Directors General, persons, undertakings or association of undertakings may be required
to identify any part of a statement of objections or a decision which in their view contains business secrets.
(5) The Directors General may set a time-limit within which the complainant, 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.
(6) In the event that persons, undertakings or an association of undertakings or any other body fail to comply with sub-articles
(2) to (4), the Director General may deem that the documents or statements concerned do not contain confidential information.
(7) Where persons, undertakings or an association of undertakings or any other body meet the conditions set out in sub- articles (2)
to (4), the Director General shall:
(a) either provisionally accept the claims which appear justified; or
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(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.
(8) The Director General may reverse his provisional acceptance of the confidentiality claim in whole or in part at
a later stage.
(9) 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 his intention 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 may
inform him in writing of its views. If, following submission of those views, a disagreement on the confidentiality claim persists,
the Director General shall take a decision thereon.
(10) 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 sub-article (9) the person or undertaking or association of undertakings or any other
body may appeal to the Appeals Tribunal within ten days from when the decision of the Director General is notified and
the decision of the Appeals Tribunal shall be final.
(11) 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 shall accede to such request for anonymity if he considers the request to be justified. The Director
General shall protect anonymity by providing access to a non- confidential version or summary of the documents submitted.
Requests for anonymity shall be dealt with according to sub-articles (6) to (8). Where the Director General does not consider the
request for anonymity to be justified, sub-articles (9) and (10) shall apply.
(2) When publishing information as is referred to in sub-
Publication of
Information.
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article (1), the Authority shall adhere to the principles of fairness and objectivity.
(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, printing, recording, broadcasting or communicating such information by any means
whatsoever.
Establishment of the Competition and Consumer Appeals Tribunal.
Composition. 32. (1) The Appeals Tribunal shall be composed of the President who shall be a Judge, and two other members 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 of the Prime Minister consisting of two lawyers, with specialised qualifications and experience, one in competition
law and the other in consumer law; two economists, with recognised competence, preferably one in industrial organisation economics
and the other in behavioural economics; a certified public accountant and a person with knowledge of industry and commerce.
(3) In selecting the two ordinary members to sit on the Appeals Tribunal under sub-article (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 years 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 resignation
shall take effect when the writing signifying the 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
C 1089
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 from infirmity of body or mind or any other cause) or
proved misbehaviour.
(7) Notice of all appointments to the Appeals Tribunal and of all other changes in its membership shall be published in the Gazette.
(8) The Appeals Tribunal shall be independent in the performance of its functions.
(9) (a) The ordinary members of the Appeals Tribunal, shall not be precluded from the exercise of their
respective profession.
(b) 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 may appoint another 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 has ceased to be available, 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:
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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.
Registry of the Appeals Tribunal.
(13) The ordinary members of the Appeals Tribunal, shall, during and after the term of office, act with integrity and not engage in any activity which, due to knowledge gained from confidential information and business secrets 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 sub-article shall be guilty of an offence against this Act and shall on conviction be liable to a fine (multa) of not less than five thousand euro (€5,000) and shall be barred from being appointed to any similar post for a period of not less than ten years.
under this Act, establish the Registry of the Appeals Tribunal and the
functions thereof.
(3) The Minister responsible for justice may also 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.
(4) The Appeals Tribunal shall keep both a confidential version and a non-confidential version of its records.
(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) The records of the Appeals Tribunals shall be deposited and kept in such archives as may be designated by the Minister responsible
for justice by regulations under this Act.
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34. The Minister shall appoint a public officer as Secretary to the Appeals Tribunal. The Secretary shall mutatis mutandis have the same powers and duties of the Registrar of Courts, and shall take instructions from the President in all circumstances that
the said Registrar in accordance with the Code of Organization and Civil Procedure is to take from a judge presiding a particular
court.
(2) The determination of any case before the Appeals Tribunal shall be according to the unanimous opinion of the members deciding the case or by majority decision which majority must include the President.
(2) The Minister may make rules not inconsistent with this Act, the Competition Act and the Consumer Affairs Act and any 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.
Appointment of
Secretary.
Cap. 12. Appointment of
lawyer.
Competence of the Appeals Tribunal.
Cap. 379. Cap. 378.
Procedures of the Appeals Tribunal.
Staff appointments.
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Detailing of public officers for duty. with the entities.
Status of public officers detailed for duty.with the entities.
(2) The Principal Permanent Secretary, following the direction of the Prime Minister, may at any time revoke any such direction given under sub-article (1).
(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 appointment under the Government 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 appointment
under the Government 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; and
(b) shall be entitled to have his service with the Authority considered as service with the Government for the purposes
of any law relating to government service pensions to which he would be entitled, and shall be liable to any liability to
C 1093
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:
Provided further that during the time in respect of which he is so detailed to perform duties with the Authority his terms and conditions
of service shall not be less favourable than those which are attached to his appointment with the Government during the period aforesaid.
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.
(3) Where an application is made as provided in sub-article (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 contributions as may from time to time be determined by the Minister responsible
for Finance in respect of the cost of pensions and gratuities earned by an officer detailed for duty with the Authority
as aforesaid during the period in which he is so detailed.
(2) The terms and conditions comprised in any offer made as aforesaid shall not be deemed to be less favourable merely because they
are not in all respects identical 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) The officer shall, within one month from when the offer in sub-article (1) is made, indicate in writing whether he has accepted
such offer or not.
Offer of permanent employment with the Authority to public officers detailed for duty
with the
Authority.
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Cap. 58.
(4) Every officer who accepts permanent employment with the Authority offered to him under the provisions of sub-article (1) shall,
for all purposes other than those of any law relating to government service pensions and, saving the provisions of article 63, be
deemed to have ceased to be in the 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 law, so far as applicable to him, service with the Authority shall be deemed to be service
with the Government within the meaning thereof respectively.
(5) 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.
(6) The Authority shall pay to the Government such contributions as may from time to time be determined by the Minister
responsible for Finance in respect of the cost of pensions and gratuities earned by an officer who has accepted permanent
employment with the Authority as aforesaid during the period commencing on the date of such officer’s acceptance.
(7) 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 grade and at an incremental level corresponding
to the post occupied and incremental level on the date on which the officer retires from the Authority.
(8) (a) For the purposes of calculating pensionable emoluments, posts and salary grades with the Authority shall be classified
in the most nearly corresponding grades and incremental levels in the service under the Government 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;
C 1095
(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; and
(e) Without prejudice to article 113 of the Constitution, no person may, following a classification as aforesaid,
be entitled to rights under the Pensions Ordinance less favourable than those to which he would have been entitled prior to such
classification.
Provided that if the consultant required is a public employee, the Prime Minister may, at the request of the Director General concerned,
designate the public employee to assist:
Provided further that such person will also be bound with the same conditions as other officers employed with the Authority.
(a) disclose to the Authority the nature of his interest at the first meeting of the Authority 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 sub-article (1), the question shall be determined by the Authority and the decision and its motivation
shall
Cap. 93.
Appointment of temporary persons.
Oath of secrecy.
Disclosure of interest.
C 1096
be recorded in the minutes of the meeting during which the decision was taken.
(3) Where a disclosure is made to the Authority pursuant to sub-article (1), particulars of the disclosure shall be recorded in
the minutes of the relative meeting.
(4) Where a person to whom sub-article (1) applies fails to make the required disclosure, the Authority shall decide the appropriate
action to be taken which may include the removal from office or termination of the contract of the person concerned.
Code of Ethics. 46. (1) Public officers and employees of the Authority shall abide by any Code of Ethics applicable to public officers and shall, subject to any law to the contrary, have the same obligations thereunder:
Obligation to act with integrity following termination of office.
Exemption from liability.
Provided that the Directors General shall, with the approval of the Management 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, public officers and employees of the Authority and advisors, consultants and other 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 confidential information and business secrets during the tenure of their office would give rise to conflict
of interest and harm the interests of any person; and
(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 five thousand euro (€5,000) and shall be barred from being re-appointed with the Authority for a period of not
less than ten years.
(3) No action shall lie against the Authority, the organs of the Authority, the members of the Board, public 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 any regulations made thereunder unless the act or omission is shown to have been done or omitted to be done, as the case
may be, in bad faith.
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(2) For the purposes of sub-article (1), the Authority, shall levy all fees, charges and other payments prescribed or deemed to
be prescribed by or under this 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 to as the "House", 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 continued or 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 purposes and without prejudice to the generality of the powers given to the Minister by this sub-article, 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 of the fees, charges and other payments levied in accordance with sub-article (2).
(5) Any funds of the Authority not immediately required to meet expenditure may be invested in such manner as may from time to time
be approved by the Minister.
Provisions of the Financial Administration and Audit Act. Cap. 174.
Authority to meet expenditure out of revenue.
Cap. 174.
Power to borrow or raise capital.
C 1098
Minister, given after consultation with the Minister responsible for Finance, borrow or raise money in such manner, from such person,
body or authority, and under such terms and conditions as the Minister, after consultation as aforesaid, may in writing
approve.
(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:
Advances from
Government.
Borrowing from
Government.
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.
(2) Notice of any loans, liabilities or advances made or incurred under the foregoing provisions of this article shall
be given to the House as soon as practicable.
(3) Pending the raising of any such loan as is mentioned in sub-article (1), or for the purpose of providing the Authority with
working capital, the Minister responsible for Finance may, 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".
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(5) Sums received by the Accountant General from the Authority by way of repayment of advances made to the Authority under
sub-article (3) shall be paid into the Treasury Clearance Fund and sums received by the Accountant General by way of interest on
such advances shall be paid into the Consolidated Fund.
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 least sufficient to meet
all sums 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 contain such information and such comparison with 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.
(2) Notwithstanding the provisions of sub-article (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
Estimates of the
Authority.
Expenditure to be according to approved estimates.
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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 such amounts as the Minister responsible for Finance may, after consultation with the
Minister allow; and
Publication of approved estimates.
Accounts and audit.
(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 of the Minister responsible for finance and shall 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 report made by the auditors on that statement or on the accounts
of the Authority.
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(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.
(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 that entity 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.
(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.
Deposit of revenues and payments by the Authority.
Contracts of supply or works.
Annual Report.
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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.
Exemption.from taxes.
Transfer of assets to the Authority.
(2) The Minister shall cause a copy of such 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
(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 generality of the aforesaid, shall include all plant, equipment, apparatus, instruments, vehicles, crafts, buildings, structures,
installations, land, roads, works, stocks and other property, movable or immovable, assets, powers, rights and privileges and all
things necessary or ancillary thereto which are held or enjoyed in connection therewith or appertaining thereto, as well as all obligations
affecting or relating to any of the aforesaid property or undertakings or other
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thing included therein as aforesaid.
(2) Any reference in any law to the Office for Fair Competition, Department of Consumer Affairs, Consumer and Competition Division and Malta Standards Authority shall be read and construed as a reference to the Authority and, or to any of its entities.
(2) Where, immediately before the coming into force of this Part, any legal proceedings are pending to which the Government is or
is entitled to be a party, and such proceedings are related to any of the properties or undertakings, or any right or liability transferred
by or under this Act, the Authority shall, as from the date aforesaid, be substituted in such proceedings for the Government, or
shall be made a party thereto in like manner as the Government could have become, and such proceedings shall not abate by reason
of the substitution.
(3) The Minister may, by order, make such incidental, consequential and supplemental provisions as he may deem necessary or expedient
for the purpose of determining, as 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 exercisable by the Government in relation to any of the transferred property or
undertakings exercisable by or on behalf of the Authority.
Construction of laws and related matters.
Transitory provisions.
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Persons deemed public officers. Cap. 9.
Service of acts
of the Authority.
Cap. 378. Cap. 379.
(2) The Authority shall notify its acts under this Act, the Competition Act, the Consumer Affairs Act or under any other Acts, or
regulations made thereunder administered by the Authority, to the addressee 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
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(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
such an act is to be served, is abroad, access to his place of residence cannot be obtained, or his place of residence 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 have been made on the third working day after 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 deemed to have been made
at such time, after posting 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
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the manner provided for in sub-article (1).
Power of Minister to make regulations.
(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.
(a) prescribing fees that may be charged by the
Authority under this Act;
(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) prescribing for other matters that are or may be prescribed under this Act, or any other Act which is
administered by the Authority; and
(d) generally for the better carrying out of the objects and purposes of this Act, or any other Act which is administered by
the Authority.
(2) Furthermore, after consultation with the Board, the
Minister may from time to time make regulations:
(a) prescribing the mark or symbol that is to be used to indicate conformity with any standard;
(b) 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;
(c) prescribing the manner and form in which permits shall be issued by the Authority and the fees payable in respect thereof;
(d) prescribing the manner of registration of permits issued under this Act;
(e) prescribing the manner in which samples of products shall be taken;
(f) providing for the publication of draft standards and the manner in which the public can make representations thereon
to the Authority;
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(g) prescribing the fees or charges that may be charged in respect of any service provided by the Authority under this Act;
and
(h) prescribing anything that is or may be prescribed under this Act.
Provided that the Authority 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 person who shall be in possession of recognised professional
qualifications and experience in relation to the area of operation of such Directorate:
Provided that the first head of each Directorate shall be appointed by the Minister.
(3) The Director General of each respective entity shall-
(a) 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.
Minister upon the advice of the Board or after consultation therewith
Establishment of Directorates.
Responsibilities of Directorates.
Language of regulations.
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Administrative fines.
Cap. 12. Transitory
Provisions in
relation to the
Competition Act
and the
Consumer
Affairs Act.
Cap. 379.
Cap. 378.
under any Act in respect of which any of the entities, as the case may be, have been appointed as the competent authority, may be made in the English language only.
(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, both as substituted by the Director General (Office for Competition) and Director General (Office
for 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 the 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 Competition, the European Commission, national 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 and the provisions of the Competition Act and the Consumer Affairs Act as amended
by this Act, shall apply:
Provided that in respect of the application of measures of a punitive nature under the Competition Act, the undertaking
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.
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(3) For the purposes of sub-article (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 sub-article (1)(a) the Director General (Office for Competition) shall be vested with the powers of the
Director of the Office for Fair Competition as provided in the Competition Act prior to the coming into force of this Act.
(5) For the purposes of sub-article (1)(a) the Director General (Office for 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.
(2) The long title of the principal Act shall be substituted by the following:-
"To provide for the powers of the Director General (Office for Consumer Affairs), for the establishment and functions of a Consumer
Affairs Council and for the establishment and jurisdiction of the Consumer Claims Tribunal and for other matters ancillary or consequent
thereto.".
"PART II. Director General (Office for Consumer Affairs)
Regulations. Cap. 419.
National standards.
Amendment to the Consumer Affairs Act. Cap. 378.
Amendment to the long title of the principal Act.
Amendment to Parts II and XII of the Arrangement of the principal Act.
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Amendment to article 2 of the principal Act.
Amendment to the Title of Part II of the principal Act.
Substitution of article 3 of the principal Act.
and the Consumer Affairs Council".
(b) the definition "Department" shall be repealed;
(c) the definition "Director" shall be substituted by the following:
" "Director General" means the Director General (Office for Consumer Affairs) as appointed by article 16 of the Malta
Competition and Consumer Affairs Authority Act 2010;" and wherever the word "Director" occurs in the principal Act
it shall be substituted by the word "Director General";
(d) immediately after the definition "advertisement" there shall be inserted the following new definition:
" "Appeals Tribunal" means the Competition and Consumer Appeals Tribunal as established by article 31 of
the Malta Competition and Consumer Affairs Authority Act 2010;"; and
(e) immediately after the definition "Minister" there shall be inserted the following new definition:
" "Office" means the Office for Consumer Affairs as established under article 16(1) of the Malta Competition and Consumer
Affairs Authority Act 2010;".
"Director General (Office for Consumer Affairs) and the
Consumer Affairs Council"
the words "Responsibility of the Director General."; and
(b) article 3 thereof shall be substituted by the following:
"(1) The Director General shall be responsible for the administration and enforcement of this Act and for this purpose he
shall exercise the responsibilities vested in the Office for Consumer Affairs by article 17 of the Malta Competition and
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Consumer Affairs Authority Act 2010 and this Act.".
Amendment to article 7 of the principal Act.
(a) the word "Department" in the marginal note thereof shall be substituted by the word "Office."; and
(b) sub-article (3) thereof shall be amended as follows:
"(3) A trader convicted under this article shall be liable to a fine (multa) of not less than one hundred and twenty euro (€120) and not more than two thousand three hundred and fifty euro (€2,350)."
Amendment to article 9 of the principal Act.
Addition of article 9A of the principal Act.
"Approval of codes of conduct by the Director General and use of official symbol.
9A. (1) In promoting good trading practices, the Director General may make arrangements for approving codes of conduct and
may, in accordance with these arrangements, give his approval to or withdraw his approval from any code of conduct.
(2) Any such arrangements must specify the criteria to be applied by the Director General in determining whether to give approval
to or withdraw approval from a code of conduct.
(3) Any such arrangements may in particular:-
(a) specify the type of code of conduct that may be the subject of an application to the Director General for approval
indicating the requisite features of the code of conduct, including the persons who are, or are to be subject to the code of conduct,
the manner in which it is, or is to be operated and the persons responsible for its operation; and
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(b) provide for the use in accordance with the arrangements of an official symbol intended to signify that
a code of conduct is approved by the Director General.
(4) The Director General shall publish any arrangements under sub-article (1) in such manner as he considers appropriate.
Amendment to article 11 of the principal Act.
(5) For the purposes of this article "code of conduct" shall have the same meaning assigned to it in article 51A.".
(a) in sub-article (1) thereof, the words "the Director, or a public officer with the Department" shall be deleted;
(b) sub-article (2) thereof shall be deleted;
(c) in sub-article (3) thereof, the words "a fine (multa) of not less than one hundred and sixteen euro and forty-seven cents (€116.47) and not more than two thousand and three
hundred and twenty-nine euro and thirty-seven cents (€2,329.37)" shall be substituted by the words "a fine (multa) of not less than one hundred and twenty euro (€120) and not more than two thousand and three hundred fifty euro (€2,350).";
and
Amendment to article 12 of the
(2).
(d) sub-article (3) thereof shall be renumbered as sub-article
principal Act.
Addition of article 12B of the principal Act.
word "Department" shall be substituted by the word "Office".
"Complaints of general interest.
12B. (1) Without prejudice to article
12A, a qualified entity may also make a complaint to the Director General that with respect to goods and services:
(a) the structure of the market concerned or any aspect of that structure;
(b) any conduct, whether or not in the market concerned, of one or more than one person who supplies or acquires goods or services
in the market concerned; or
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(c) any conduct relating to the market concerned of customers of any person who supplies or acquires goods or services,
is or appears to be significantly harming the interests of consumers.
(2) The Director General must, within 45 days after the day on which he receives the complaint, publish a response stating how he
proposes to deal with the complaint, and in particular:
(a) whether he has decided to take any action, or to take no action, in response
to the complaint; and
(b) if he has decided to take action, what action he proposes to take.
(3) The response must state the reasons of the Director General for his proposals.
(4) The Director General-
(a) shall issue guidance as to the presentation by the qualified entity of a reasoned case for the complaint; and
(b) may issue such other guidance as appears appropriate for the purposes of this article.
(a) paragraph (a) thereof shall be substituted by the words "a sum not in excess of six hundred euro (€600) for any pecuniary
loss, and"; and
(b) paragraph (b) thereof shall be substituted by the words "a sum of not less than thirty five euro (€35) and not more than
seven hundred and fifty euro (€750) as moral damages for any pain, distress, anxiety and inconvenience.".
Amendment to article 13 of the principal Act.
Amendment to article 14 of the principal Act.
Amendment to article 14B of the principal Act.
Amendment to article 20 of the principal Act.
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Amendment to article 21 of the principal Act.
Amendment to article 22 of the principal Act.
Amendment to article 25 of the principal Act.
Amendment to article 25A of the principal Act.
Amendment to article 26 of the principal Act.
Amendment to article 34 of the principal Act.
(a) in sub-article (1) thereof, immediately before the words "shall lie from a decision of a Tribunal" there shall be
inserted the words "made under sub-articles (2) and (3)"; and
(b) in sub-article (2) thereof, the words "Independently of the amount of the claim, an appeal shall always lie in
the following cases" shall be substituted by the words "An appeal shall lie in the following cases".
"25A. "A decision of the Tribunal which has become res judicata may be enforced, depending on the residence of the person against whom enforcement is sought, by the Court of Magistrates (Malta)
or by the Court of Magistrates (Gozo), as an executive title under the Code of Organisation and Civil Procedure:
Provided that the Court fees payable in respect of any warrant issued for the purpose of enforcing a decision of the Tribunal shall
amount to one-half of the Court fees applicable in respect of warrants issued for the purpose of enforcement of judgments of the
Court of Magistrates referred to above.".
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(a) the word "prescription" in the marginal note thereof shall be substituted by the words "limitation of action";
and
(b) the words "of prescription" shall be deleted.
they appear, shall be substituted by the words "the Appeals Tribunal";
(b) sub-article (3) thereof shall be repealed; and
Amendment to article 61 of the principal Act.
Amendment to article 67 of the principal Act.
Amendment to article 78 of the principal Act.
Amendment to article 91 of the principal Act.
Amendment to article 94 of the principal Act.
Amendment to article 95 of the principal Act.
Amendment to article 97 of the principal Act.
(3).
(c) sub-article (4) thereof shall be renumbered as sub-article
Amendment to article 98 of the
Board" shall be substituted by the words "the Appeals Tribunal".
principal Act.
Amendment to article 106 of the principal Act.
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Amendment to article 106A of the principal Act.
Substitution of article 109 of the principal Act.
Deletion of article 110 of the principal Act.
Deletion of heading and title of the principal Act.
Deletion of article 110A of the principal Act.
Amendment to article 110B of the principal Act.
Amendment to article 110C of the principal Act.
Amendment to article 110D of the principal Act.
(a) sub-article (2) thereof shall be substituted by the following:
"(2) An administrative fine imposed for an infringement under sub-article (1) shall not be less than four hundred and seventy
euro (€470) and more than forty-seven thousand euro (€47,000)."; and
(b) in the proviso to sub-article (2) thereof the words "not more than two hundred and thirty-two euro and ninety-four cents
(€232.94)" shall be substituted by the words "not more than two hundred and thirty euro (€230).".
"No action shall lie against the Director General, or any of his officers or any authorised person acting under his direction or control or any member of the Council for any act or omission in connection with this Act, or any regulations made thereunder, unless such act or omission were done in bad faith.".
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(a) the words "Appeals Board" in the marginal note thereof and wherever they appear shall be substituted by the words
"Appeals Tribunal"; and
(b) in sub-article (1) thereof, the words "without prejudice to article 97(3)" shall be deleted; and
(c) immediately after sub-article (2) thereof, the following proviso shall be inserted:
"Provided that in the case of a compliance order, the Appeals Tribunal or the Court of Appeal may, pending the outcome of the
case, modify the compliance order as it deems necessary instead of suspending it.".
Amendment to article 110E of the principal Act.
Amendment to article 110F of the principal Act.
Amendment to article 110G of the principal Act.
Addition of new article 110H to the principal Act.
"Notification and publication of decisions.
"110H.(1) Any decision or order of the Director General delivered in accordance with the provisions of this Act shall
be notified to the parties concerned and to the complainant in accordance with article 64 of the Malta Competition and Consumer
Affairs Authority Act 2010 due regard being had to confidential information and business secrets.
(2) The Appeals Tribunal and the Director General shall publish without undue delay the decisions taken under this Act and in doing
so the Appeals Tribunal and the Director General shall have regard to the legitimate interest of the parties concerned in
the protection of their business secrets.
(3) Any decision delivered by the Appeals
Tribunal in proceedings held before it shall be deemed to be notified to the parties on the date on which it is pronounced.
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Amendment to the Second Schedule to the principal Act.
(4) The Appeals Tribunal shall provide:
(a) both a complete version and a non-confidential version of its decision on paper or on any other durable medium to the Director
General; and
(b) a copy of its decision, upon
request, to the parties to the case, ensuring in so doing the protection of confidential information and business secrets.".
(a) in paragraph (2) thereof, the words "the fine shall be two thousand, three hundred and twenty-nine euro and thirty-seven
cents (€2,329.37)" shall be substituted by the words "the fine shall be two thousand three hundred and fifty euro (€2,350)";
(b) paragraph (4) thereof shall be substituted by the following: "4. Without prejudice to the generality of rule 3,
the
following shall in all cases be deemed as aggravating
circumstances:
- where the infringement is an unfair commercial practice listed in the First Schedule, the basic amount shall be increased
by a sum not less than one thousand, seven hundred and fifty euro (€1,750) and not more than four thousand, six hundred and fifty
euro (€4,650);
- in the case of a second or subsequent infringement, the basic amount shall be increased by two thousand, three hundred and fifty
euro (€2,350) for each and every subsequent infringement;
- where the practice or scheme constituting the infringement is the principal means by which the trader runs or operates his
business, the basic amount shall be increased by a sum not less than one thousand, seven hundred and fifty euro (€1,750) and not
more than four thousand, six hundred and fifty euro (€4,650);
- where the practice or scheme constituting the infringement is specifically targeting vulnerable consumers, the basic amount
shall be increased by two thousand, three hundred and fifty euro (€2,350);
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- where the unfair commercial practice is accompanied by any of the factors listed in article 51E(2) of the Act, the basic amount
shall be increased by a sum not less than one thousand, seven hundred and fifty euro (€1,750) and not more than four thousand,
six hundred and fifty euro (€4,650).";
(c) paragraph (6) thereof shall be substituted by the following: "6. The final amount of the administrative fine shall
not, in any event, exceed forty-seven thousand euro (€47,000)
or be lower than four hundred and seventy euro (€470).".
(d) paragraph (8) thereof shall be substituted by the following: "8. For the infringement referred to in article 12,
the
amount of the fine shall not be less than four thousand six
hundred and fifty euro (€4,650) and not more than eleven thousand six hundred and fifty euro (€11,650).";
(e) paragraph (9) thereof shall be substituted by the following: "9. For the infringement referred to in article 14B,
the
amount of the fine shall not be less than four thousand six
hundred and fifty euro (€4,650) and not more than eleven thousand six hundred and fifty euro (€11,650).";
(f) paragraph (10) thereof shall be substituted by the following:
"10. For the infringement referred to in article 94, the amount of the fine shall not be less than four thousand six hundred
and fifty euro (€4,650) and not more than twenty-three thousand three hundred euro (€23,300):
Provided that in the case of non-compliance, the Director General may also impose a daily fine of not less than one hundred and twenty
euro (€120) and not more than two hundred and thirty euro (€230) for each day of non- compliance.".
Amendment to the Competition Act.
Cap. 379.
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Amendment to article 2 of the principal Act.
(a) immediately before the definition "association of undertakings" there shall be inserted the following
new definition:
" "Appeals Tribunal" means the Competition and Consumer Appeals Tribunal as established by article 31 of
the Malta Competition and Consumer Affairs Authority Act 2010;";
(b) the definition "chairman" shall be deleted;
(c) the definition "Commission" shall be deleted;
(d) the definition "Director" shall be substituted by the following:
" "Director General" means the Director General (Office for Competition) as appointed by article 13 of the Malta Competition
and Consumer Affairs Authority Act 2010;";
(e) the definition "EC Treaty" shall be substituted by the following:
" "TFEU" means the Treaty on the Functioning of the
European Union;";
(f) the definition "European Commission" shall be substituted by the following:
" "European Commission" means the European Commission as established by article 13 of the Treaty on European Union;";
(g) the definition "Minister" shall be substituted by the following:
" "Minister" means the Minister responsible for competition matters;";
(h) the definition "office" shall be substituted by the following:
" "Office" means the Office for Competition as established by article 13 of the Malta Competition and Consumer Affairs
Authority Act 2010;";
(i) immediately after the definition "office" there shall be inserted the following new definition:
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" "President" means the President of the Appeals
Tribunal;";
(j) immediately after the definition "product" there shall be inserted the following new definition:
" "qualified entity" shall have the same meaning assigned to it under article 2 of the Consumer Affairs Act;";
and
(k) in the definition "restrictive practice" the words "Article 81 of the EC Treaty" and "Article 82 of
the EC Treaty" shall be substituted by the words "Article 101 of the TFEU" and "Article 102 of the TFEU"
respectively.
"Responsibility of the Director General"; and
(b) article 3 thereof shall be substituted by the following:
"The Director General shall have the exclusive competence to apply the provisions of this Act and for this purpose he shall exercise
the responsibilities vested in the Office for Competition under article 14 of the Malta Competition and Consumer Affairs Authority
Act 2010 and under this Act.".
Treaty" shall be substituted by the words "Article 101 of the TFEU";
and
(b) in sub-article (6) thereof, the words "Article 81(1) of the EC Treaty" and "Article 81(3) of the EC Treaty"
shall be substituted by the words "Article 101(1) of the TFEU" and "Article 101(3) of the TFEU" respectively.
deleted and paragraphs (c), (e) and (f) shall be renumbered as (b), (c)
and (d) respectively;
(b) sub-article (3) thereof shall be deleted; and
Amendment to article 3 of the principal Act.
Deletion of article 4 of the principal Act.
Amendment to article 5 of the principal Act.
Amendment to article 9 of the principal Act.
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Substitution of article 11 of the principal Act.
(c) in sub-article (5) thereof, the words "Article 82 of the EC Treaty" shall be substituted by the words "Article 102 of the TFEU".
"Inquiries into sectors of the economy and into types of agreements.
11A. (1) Where the trend of trade, the rigidity of prices or other circumstances suggest that competition may be restricted
or distorted within the Maltese market, the Director General may conduct an inquiry into a particular sector of the economy or into
a particular type of agreements across various sectors. In the course of that inquiry, the Director General may request
the undertakings or association of undertakings concerned to supply the information necessary for the application of articles 5 and
9 of the Act and articles 101 and
102 of the TFEU and may carry out any inspections necessary for that purpose.
(2) The Director General may in particular request the undertakings or association of undertakings concerned to communicate
to him all agreements, decisions and concerted practices.
(3) The Director General may publish a report on the results of the inquiry into particular sectors of the economy
or particular types of agreements across various sectors and invite comments from interested parties.
(4) Any person, undertaking or association of undertakings that does not
comply with the request of the Director General in terms of sub-articles (1) and (2), within the time-limits imposed by the Director
General shall, without prejudice to any other liability under this Act or any other law, commit an infringement of this Act.".
Amendment to article 12 of the principal Act.
(a) the words "or the Commission to carry out their functions" in sub-article (1) thereof shall be substituted by the
words "to carry out his functions"; and
(b) sub-articles (2) to (10) thereof shall be substituted by the following sub-articles (2) to (14):-
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"(2) During the course of any investigation carried out by the Office in accordance with sub-article (1), the Director General
may request any undertaking or association of undertakings to furnish him with any information or document in his possession which
the Director General has reason to believe is relevant to the matter under investigation, within such time as in the circumstances
of the investigation the Director General may consider reasonable:
Provided that nothing in this sub-article may be construed as authorising the Director General to order the production of any
document or the disclosure of any information which may be subject to the duty of professional secrecy.
(3) When sending a request for information to an undertaking or association of undertakings, the Director General shall state
the legal basis and the purpose of the request, specify what information is required and fix a time-limit within which the information
is to be provided and indicate the administrative fines provided for in articles 21(4) and (5).
(4) Where undertakings and associations of undertakings submit information which they consider as confidential, article 29 of
the Malta Competition and Consumer Affairs Authority Act 2010 shall apply.
(5) Any undertaking that shows that its operations are directly affected by the investigation being carried out by the Director
General, any association of undertakings, any person or any registered consumers’ association claiming that it or its members are
being adversely affected by, any breach of the provisions of this Act constituting the subject-matter of those investigations, may
request in writing to make submissions before the Director General at any stage thereof and the Director General shall accede to
the request if he considers it justified and determine the manner in which such submissions shall be made.
(6) In the course of any investigation the Director General may receive written or verbal statements from any person,
as well as make copies of any document produced to him, and the record of such statements and such copies duly attested by the Director
General shall be producible as evidence before the Appeals Tribunal and before any court of law:
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Provided that in the case of natural persons not being an undertaking, statements may be taken only with their prior consent.
(7) (a) The Director General may, for the purpose of any investigation under this article, enter into and search any premises,
land and means of transport of undertakings and associations of undertakings, where he has reason to believe that information relevant
to the investigation may be found, and in the course of any such search may seize any object or document, or take extracts or copies
of documents, or order the non- removal of any object from any such premises, land and means of transport, and in connection with
any such order may close and seal any or all parts of such premises, land or means of transport, or put any object under seal and,
or ask any representative or member of staff of the undertaking or association of undertakings concerned for an explanation
of facts or documents relating to the subject matter and purpose of the inspection and record the answers.
(b) The officials carrying out an inspection under paragraph (a) shall exercise their powers upon production of a written
authorisation signed by the Director General specifying the subject-matter and purpose of the inspection and the penalties provided
in article 21.
(8) (a) If a reasonable suspicion exists that books or other records related to the business and to the subject-matter of
the inspection, which may be relevant to prove a breach of articles 5 and, or 9, and, or articles 101 and, or 102 of the TFEU, are
being kept in any other premises, land or means of transport, including the homes of directors, managers and other members of staff
of the undertakings and associations of undertakings concerned, the Director General may, duly authorised by a warrant issued by
a Magistrate, order an inspection to be conducted in any such other premises, land and means of transport;
(b) The Magistrate, in deciding whether to issue a warrant under paragraph (a) shall ensure that the coercive measures envisaged
are neither arbitrary nor excessive, having regard, in particular, to the gravity of the suspected infringement,
to the importance of the evidence sought, to the involvement of the undertaking or association of undertakings concerned and to the
reasonable likelihood that business books and records relating to the subject-matter of the inspection are kept in the premises for
which the warrant is requested;
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(c) The warrant mentioned in paragraph (a) shall specify the subject-matter, purpose of the inspection, the date on which the
inspection is to begin and the penalties provided in article 21(4); and
(d) The officials carrying out an inspection under this article shall exercise their powers upon production of the warrant
mentioned in paragraph (a) and shall for the purposes of this article be empowered to enter into and search any such premises,
land and means of transport and in the course of any such search, may seize any object or document, or take extracts or copies
of documents, or order the non-removal of any object from any such premises, land and means of transport.
(9) (a) In the course of any search as is referred to in sub-articles (7) and (8), the Director General may request the
assistance of the Police and in such case the Police shall require a warrant from a Magistrate to assist the Director General in
the search; and
(b) Where police assistance is sought by the European Commission in terms of article 20(6) of Council Regulation (EC) No 1/2003,
a warrant from a Magistrate shall be required.
(10) In issuing a warrant enabling the European Commission to carry out an inspection in terms of article 21 of Council Regulation
(EC) No 1/2003 the Magistrate shall follow the provisions of paragraph (3) thereof.
(11) In the course of an inspection under this article, the undertakings or association of undertakings or persons subject to
the inspection may be assisted by legal counsel or other advisers of their choice:
Provided that the right to such assistance shall not have the effect of suspending or delaying the inspection.
(12) The Director General shall always issue a receipt to the person on the premises or in control of any object that has been
seized. Anything which has been lawfully seized by the Director General and any order given by the Director General in accordance
with sub-article (7) may be retained or shall remain in force as long as it is considered necessary by the Director General.
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Cap. 9.
Substitution of article 12A of the principal Act.
(13) No search may be commenced on any premises after seven o’clock in the evening and before seven o’clock on the next
following morning, unless there is reason to believe that delay could cause the loss of information and the search is expressly authorized
by the Director General or the Magistrate, as the case may be, to take place between the said times.
(14) Nothing in this article shall be deemed to detract from the powers of the Police under the Criminal Code or under any other
law.".
"Finding of an infringement by the Director General.
12A. (1) Where the Director General considers that an infringement of articles 5 and, or 9 of this Act and, or an infringement of articles
101 and, or 102 of the TFEU may have occurred, he shall notify each of the parties concerned in writing of the objections raised
against them in accordance with the provisions of article 64 of the Malta Competition and Consumer Affairs Authority Act 2010
and shall set a time-limit within which they may inform him in writing of their submissions, and the parties concerned may in their
written submissions set out all facts known to them which are relevant to their defence against the objections raised by the Director
General and shall attach any relevant documents as evidence thereof.
(2) (a) Where the Director General issues a statement of objections relating to a
matter in respect of which he has received a complaint, he shall provide the complainant with a copy of the non-confidential version
of the statement of objections;
(b) Paragraph (a) shall not apply where the settlement procedure under article
12B is underway, so however that the Director General shall inform the complainant in writing of the nature and subject-matter
of the procedure; and
(c) Under paragraphs (a) and
(b), the Director General shall set a time-limit within which the complainant may make known his views in writing.
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(3) (a) The Director General shall give the parties to which he has issued a statement of objections as referred to in
sub- article (1) and the complainant the opportunity to develop their arguments verbally, if they so request in their written submissions.
(b) The Director General may, where appropriate, invite any other person to express his views in writing, and may give any such
other person the opportunity to submit his views verbally if he so requests in his written submissions.
(4) Without prejudice to the right of the persons mentioned in sub-article (3) to request a separate and individual meeting, the
Director General may also, on his own initiative, and, as he considers appropriate, invite some or all of the parties who have submitted
written observations in terms of sub-article (3), to a meeting whereby they may develop their arguments and make counter-submissions
in each other’s presence and reply to questions posed by the Director General:
Provided that during such meeting, the Director General shall ensure that due regard is given to the protection of business secrets
and confidential information.
(5) The parties notified with a statement of objections as referred to in sub-article (1) shall be entitled to have access to the
file concerning their case following such notification, without prejudice to the non- disclosure of information or documents identified
by the Director General as containing business secrets or other confidential information, or of internal documents of the
Director General or of the Competition Authorities of other Member States.
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Cap. 12.
(6) Where, upon the conclusion of an investigation, it results to the Director General that the agreement, decision, concerted
practice or conduct investigated is in breach of the provisions of articles 5 and, or 9 of this Act and, or in breach of articles
101 and, or 102 of the TFEU, he shall issue a decision finding an infringement, giving his reasons therefor:
Provided that the Director General shall base his decisions under this sub-article only on objections contained in the statement of
objections referred to in sub-article (1).
(7) In the interpretation of this Act and in the exercise of his responsibilities, in particular in the formulation of his decisions,
orders and reports, the Director General shall have recourse to the judgements of the Court of Justice of the European Union, and
to relevant decisions and statements of the European Commission including interpretative notices on the relevant provisions of the
TFEU and secondary legislation relative to competition and may refer to his decisions and those of the Appeals Tribunal.
(8) Upon notification of a decision of the Director General as referred to in sub- article (6) such decision shall, without
prejudice to the right of appeal under article
13A, constitute an executive title for all effects
and purposes of Title VII of Part I of Book Second of the Code of Organization and Civil Procedure:
Provided so however that, notwithstanding the provisions of article
256(2) of the Code of Organization and Civil Procedure, the executive title referred to in this sub-article shall not be enforceable
before the lapse of twenty days from notification of the decision to the undertaking or association of undertakings concerned in
accordance with article 19(1).
(9) Any decision of the Director General may be revised or altered by the Director General where it results that:
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(a) the information upon which it was based had been false, misleading or incomplete; or
(b) market conditions have changed significantly.".
Addition of new articles 12B,
12C and 12D to
the principal
"Settlement procedure in cartel cases.
12B. (1) In the course of an investigation concerning an agreement or a concerted practice between undertakings
operating on the same level of the market and within the same relevant market or a decision of an association of undertakings having
the object of preventing, restricting or distorting competition in terms of article 5 and, or article 101 of the TFEU, the
Director General may, prior to issuing a statement of objections, invite all or some of the undertakings concerned or
the association of undertakings concerned to indicate in writing, within the time-limit set by him, whether they are prepared to
engage in settlement discussions with a view to possibly introducing settlement submissions:
Provided that the Director General shall not be obliged to take into account
replies received after the expiry of that time- limit.
Act.
(2) Where two or more undertakings within the same economic entity indicate their willingness to engage in settlement discussions
pursuant to sub-article (1), they shall, by the end of the time-limit set by the Director General appoint a joint representative
to engage in discussions with the Director General on their behalf:
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Provided that when setting the time-limit pursuant to sub-article (1), the Director General shall indicate to the relevant
undertakings forming part of the same economic entity that the appointment of a joint representative shall be made
for the sole purpose of fulfilling the requirement prescribed by this sub-article and that it shall have no bearing on
the allocation of liability for the infringement amongst the different undertakings within the said economic entity. (3) Undertakings
or association of undertakings taking part in settlement discussions may be informed by the Director
General of:
(a) the objections he envisages to raise against them;
(b) the evidence used to determine the envisaged objections;
(c) non-confidential versions
of any specified accessible document listed in the case file at that point in time; and
(d) the range of potential fines:
Provided that in the case of paragraph (c) access may only be granted upon request by the undertaking or association of
undertakings concerned and where such request is necessary to enable the party to ascertain its position regarding a time period
or any other particular aspect of the cartel.
(4) When introducing their settlement submissions the undertakings or associations of undertakings taking part in settlement discussions
shall confirm to the Director General that they will only request access to the file and leave to submit their views verbally after
the receipt of the statement of objections, if the statement of objections does not reflect the contents of their settlement submissions.
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(5) The information given pursuant to sub-article (3) shall be confidential vis-à-vis third parties, save where the Director General
has given a prior explicit authorization for disclosure.
(6) Should settlement discussions progress, the Director General may set a time- limit within which the parties may commit to follow
the settlement procedure by introducing settlement submissions reflecting the results of the settlement discussions and acknowledging
their participation in an infringement of article 5, and, or article 101 of the TFEU as well as their liability:
Provided that, before the Director
General sets a time-limit to introduce their settlement submissions, the parties concerned shall be entitled to have the information
specified in sub-article (3) disclosed to them, upon request, in a timely manner:
Provided further that the Director General shall not be obliged to take into account settlement submissions received after the expiry
of that time-limit.
(7) When the statement of objections notified to the parties reflects the contents of their settlement submissions, the written
reply to the statement of objections by the undertakings or association of undertakings concerned shall, within a time-limit set
by the Director General, confirm that the statement of objections addressed to them reflects the contents of their settlement submissions.
(8) Subject to the provisions of sub- article (7), the Director General may then
proceed to the adoption of a decision pursuant to article 12A:
Provided that the Director General may reward the undertakings or association of undertakings concerned for the settlement by reducing
by 10% the amount of the fine to be imposed.
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(9) The fact that an undertaking co- operated with the Director General under this settlement procedure shall be indicated in the
final decision, so as to explain the reason for the level of the fine.
(10) The Director General may decide at any time during the procedure to discontinue settlement discussions altogether in a
specific case or with respect to one or more of the parties involved, if he considers that procedural efficiencies are not likely
to be achieved.
Commitments. 12C. (1) Where the Director General intends to adopt a decision requiring that an infringement be brought to an end and the undertaking or association of undertakings concerned offers commitments to meet the concerns expressed to it by the Director General in a preliminary assessment of the case, the Director General may by decision make those commitments binding on the undertaking or association of undertakings. Such decision may be for a specified period and shall conclude that there are no longer grounds for action by the Director General:
Provided that the Director General may re-open the proceedings where it results to him that:
(a) there has been a material change in any of the facts on which the decision was based; or
(b) the undertaking or association of undertakings concerned acted contrary to its commitments; or
(c) the decision was based on incomplete, incorrect or misleading information provided by the parties.
(2) (a) Where the Director General intends to adopt a decision under sub-article (1), he shall publish a
concise summary of the case and the main contents of the commitments or of the proposed course of action.
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(b) Interested third parties may submit their observations within the time- limit fixed by the Director General in the
publication.
(c) The time-limit mentioned in paragraph (b) may not be less than one
month.
Finding of a non- infringement by the Director General.
(d) In the publication mentioned in paragraph (a) the Director General shall have regard to the legitimate interest of undertakings in the protection of confidential information and business secrets. (3) Where any undertaking or association of undertakings fails to comply with or acts contrary to a commitment made binding by a decision pursuant to sub-article (1), it shall without prejudice to any other liability under this Act or any other law, commit an infringement of this Act and the provisions of article 12A shall mutatis
mutandis apply.
12D.(1) Where it results to the Director General following an investigation that the examined conduct does not constitute
a breach of the provisions of articles 5 and, or 9 of this Act, and, or articles 101 and, or 102 of the TFEU, he may issue a decision
to that effect.
(2) Where the Director General intends
to adopt a decision under sub-article (1), the provisions of article 12C(2) shall apply mutatis mutandis.".
(a) sub-article (1) thereof shall be substituted by the following:
"On issuing a decision finding an infringement under article 12A, the Director General may together with such decision
issue a cease and desist order whereby he orders the undertaking or association of undertakings concerned, as the case may be, to
cease and desist from participating in such agreement, decision, practice, or conduct, and, or a compliance order setting behavioural
or structural remedies addressed to the undertaking or association of undertakings concerned for the
Amendment to article 13 of the principal Act.
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purpose of bringing the infringement to an immediate and effective end."; and
Substitution of articles 13A and
14 of the
principal Act.
(b) sub-article (2) thereof shall be deleted and sub-articles (3) and (4) thereof shall be renumbered as sub-articles (2) and (3) respectively.
"Appeals before the Appeals Tribunal.
13A. (1) The undertaking or association of undertakings concerned may appeal by application filed before the Appeals Tribunal
from any infringement decision, cease and desist or compliance order, administrative fine and, or daily penalty payment adopted or
imposed by the Director General in accordance with the provisions of this Act within twenty days of notification thereof in
accordance with article
19(1).
(2) The appeal shall be notified to the Director General and the Director General shall file his reply thereto within twenty days
from the date of notification of the appeal.
(3) An appeal filed in accordance with sub- article (1) shall not have the effect of suspending the order, administrative fine and,
or daily penalty payment appealed from unless the Appeals Tribunal, upon a reasoned request by a party to the appeal, and after considering
the submissions of the Director General, suspends the order, administrative fine and, or daily penalty payment under such conditions
as it may deem fit, stating its reasons therefor, pending the final determination of the appeal.
(4) The Appeals Tribunal may either confirm in whole or in part or quash the decision and, or order of the Director General
and may confirm, revoke or vary the administrative fine and, or daily penalty payment imposed by the Director General within
the limits set in article 21, taking into account the gravity and duration of the infringement as well as any aggravating or attenuating
circumstances.
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Handling of complaints and the right of appeal.
(5) The Director General and any party to an appeal before the Appeals Tribunal who feels aggrieved by a decision of the Appeals Tribunal
may appeal on a question of law to the Court of Appeal by means of an application filed in the registry of that court within twenty
days from the date of the decision of the Appeals Tribunal.
14. (1) Complaints are to be received by the Director General in writing, who shall set
out the general requirements for information to be provided by the complainant.
Provided that the complainant shall request in his complaint that an investigation be carried out on the alleged restricted practices.
(2) Where the Director General considers
that on the basis of the information in his possession there are insufficient grounds for acting on a complaint, he shall
inform the complainant of his reasons and set a time-limit within which the complainant may make known his views in writing. The
Director General shall not be obliged to take into account any further written submission received after the expiry of that
time-limit.
(3) If the complainant makes known his views within the time-limit set by the Director General and the written submissions
made by the complainant do not lead to a different assessment of the complaint, the Director General shall reject the complaint by
decision.
(4) If the complainant fails to make known his views within the time-limit set by the Director
General, the complaint shall be deemed to have been withdrawn.
(5) Where the complainant does not agree with the decision of the Director General according to sub-article (3) or with
the Director General’s finding of a non-infringement according to article 12D, he may appeal by application filed before the Appeals
Tribunal within twenty days of notification thereof in accordance with article
19(1).
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(6) Where, upon appeal by the complainant, the Appeals Tribunal does not uphold the decision of the Director General
rejecting a complaint according to sub-article (3), it shall inform the Director General accordingly who shall thereupon commence
the investigation.
(7) Where, upon an appeal by the complainant, the Appeals Tribunal does not agree with the finding of the Director General of a non-
infringement according to article 12D, and finds that there is an infringement, it shall issue a decision accordingly and remit the
decision to the Director General who shall take any measure he may deem fit in accordance with the provisions of this Act in respect
of the said infringement.
(8) Any party to an appeal before the Appeals Tribunal, including the Director General, who feels aggrieved by a decision
of the Appeals Tribunal issued in terms of sub-article (7) may appeal on a question of law to the Court of Appeal,
by means of an application filed in the registry of that court within twenty days from the date of the decision of the Appeals Tribunal,
and the provisions of sub-article (7) shall mutatis mutandis apply to the Court of Appeal.
(9) Any decision of the Appeals Tribunal concerning an appeal from a decision of the
Director General under sub-article (3) shall be final.
(10) An appeal made under this article shall not have the effect of suspending any decision on which an appeal is sought.".
Addition of new articles
14A,14B and
14C of the
principal Act.
"Complaints of general interest.
14A. (1) Without prejudice to article 12, a qualified entity may also make a complaint to the Director General that with respect
to particular goods or services:
(a) the structure of the market concerned or any aspect of that structure;
(b) any conduct, whether or not in the market concerned, of one or more than one person who supplies or acquires goods or services
in the market concerned; or
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. (c) any conduct relating to the market concerned of customers of any person who supplies or acquires goods or services, is or appears to be significantly harming the interests of consumers.
. (2) The Director General must, within 90 days after the day on which he receives the complaint, publish a response stating how he proposes to deal with the complaint, and in particular:
Suspension or termination of proceedings.
Guidance
Letters.
(a) whether he has decided to take any action, or to take no action, in response
to the complaint; and
(b) if he has decided to take action, what action he proposes to take.
(3) The response must state the reasons of the Director General for his proposals.
(4) The Director General:
(a) shall issue guidance as to the presentation by the qualified entity of a reasoned case for the complaint; and
(b) may issue such other guidance as appears appropriate for the purposes of this article.
14B. (1) The Director General may suspend proceedings or reject a complaint in terms of article 13 of Council Regulation
(EC) No 1/
2003.
(2) Where the Director General rejects or suspends a complaint pursuant to sub-article (1), he shall inform the complainant without
delay of the competition authority which is dealing or has already dealt with the case.
14C. (1) Where the Director General considers it appropriate, he may, following a
request by an undertaking, provide guidance on novel questions concerning the interpretation of articles 5 and, or 9 and articles
101 and, or 102 of the TFEU in a written statement known as a "guidance letter".
(2) The Director General shall consider it appropriate to issue a guidance letter under sub- article (1) only if the following cumulative
conditions are fulfilled:
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(a) the informal guidance requested is compatible with the enforcement priorities of the Office;
(b) the substantive assessment of an agreement or practice with regard to articles
5 and, or 9 of this Act and, or articles 101 and, or 102 of the TFEU, poses a question of application of the law for which there is
no clarification in the existing Maltese and EU legal framework in publicly available general guidance, in judgments or decisions
or in previous guidance letters;
(c) a prima-facie evaluation of the facts of the case suggests that clarification of the novel question through a guidance letter
will be useful, taking into account the following elements:
- the economic importance of the goods and services concerned by the agreement or practice from the point of view of
the consumer, and/or;
- the extent to which the agreement or practice shall be or is likely to be resorted to in the relevant market or in other markets,
and/or;
- the importance of the investments linked to the transaction in
relation to the size of the companies concerned and the extent to which the transaction relates to a structural operation such as
the creation of a non- full function joint venture; and
(d) it is possible to issue a guidance letter on the basis of the information provided and no further fact-finding
measures by the Director General need be undertaken.
(3) The Director General shall not consider a request for a guidance letter where:
(a) he is aware that the questions
raised in the request are identical to or similar to issues raised in a case pending before a Maltese Court or the Court
of Justice of the European Union; or
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(b) the agreement or practice to which the request refers is subject to proceedings pending before the Director General,
the Appeals Tribunal, the European Commission, and to the extent that he may be aware, pending before a Maltese Court, the Court
of Justice of the European Union or another Member State court or a national competition authority.
(4) The Director General shall not consider hypothetical questions or issue guidance letters on agreements or practices that are
no longer being implemented by the applicants:
Provided that undertakings may present a request for a guidance letter to the Director
General in relation to questions raised by an agreement or practice before its implementation but following the conclusion of the
agreement or practice or where the undertakings are able to show to the satisfaction of the Director General that negotiations
have reached a sufficiently advanced stage for a request to be considered.
(5) A request for a guidance letter shall not have the effect of preventing the Director General,
where he deems necessary, from initiating an investigation under this Act with regard to the facts presented in the request.
(6) The request shall clearly state:
- the identity of all undertakings concerned or of the association of undertakings, as well as a single address for receipt
of the guidance letter;
- the specific questions on which the guidance is sought;
- full and exhaustive information on all points relevant for an informed evaluation of the questions raised, including pertinent
documentation;
- detailed reasoning why the request presents a novel question;
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- all other information that permits an evaluation of the request in the light of the conditions mentioned in sub-
articles (2) to (4), including in particular, a declaration that the agreement or practice to which the request refers is not subject
to proceedings pending before the Court of Justice of the European Union, a Maltese or other member state court or before the European
Commission or a national competition authority;
- a clear identification of any confidential information or business secrets; and
- any other information or
documentation relevant to the individual case.
(7) The Director General shall evaluate the request on the basis of the information provided and, where available, may use additional
information at his disposal from public sources, former investigations or any other source and may ask the applicants to provide
supplementary information:
Provided that in using the information provided by the applicants or such other additional information, the Director General shall
pay due regard to the protection of confidential information and business secrets.
(8) Where the Director General considers that it is not appropriate to issue a guidance letter or that a guidance letter cannot
be issued under this article, the Director General shall inform the applicant accordingly stating the reasons therefor.
(9) Where the Director General has not yet issued a guidance letter, the applicant may withdraw its request at any stage:
Provided that where the request for a
guidance letter is withdrawn in terms of this sub- article, the information supplied in the context of the request for guidance shall
remain with the Director General and may be used in subsequent proceedings under this Act.
(10) A guidance letter shall set out:
- a summary description of the facts on which it is based; and
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- the principal legal reasoning underlying the understanding and assessment of the Director General on the novel question
relating to articles 5 and, or 9 of this Act, and, or articles 101 and, or 102 of the TFEU raised in the request:
Provided that a guidance letter may be limited to part of the questions raised in the request and may also include aspects
additional to those set out in the request.
(11) Guidance letters shall be posted on the
Authority’s website, having regard to the legitimate interest of undertakings in the protection of confidential information
and business secrets:
Provided that, before issuing a guidance letter, the Director General shall agree with the applicants on a public version.
(12) Where an agreement or practice has formed the factual basis for a guidance letter, the Director General shall not be precluded
from subsequently examining that same agreement or practice in a procedure under this Act, and in so doing, the Director General
shall take the guidance letter into account, subject in particular to changes in the underlying facts, to any new aspects raised
by a complaint, to developments in decisions and judgments on the application of articles 5 and, or 9 of this Act and, or articles
101 and, or 102 of the TFEU and to changes in the policies of the Malta Competition and Consumer Affairs Authority as established
by the Malta Competition and Consumer Affairs Authority Act
2010.
(13) Guidance letters are not binding on the courts or on the Appeals Tribunal, although they make take them into account should they
deem fit.
Substitution of article 15 of the principal Act.
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following:
"Interim measures.
15. (1) In cases of urgency due to the risk of serious and irreparable damage to competition, the Director General, acting
on his own initiative, may by decision, on the basis of a prima facie finding of an infringement of articles 5 and, or 9 of this Act and, or articles 101 and, or 102 of the TFEU, order interim measures.
(2) A copy of the decision ordering interim measures in accordance with sub- article (1) shall be notified to the undertaking
or association of undertakings under investigation in accordance with article 19(1), and such decision shall apply for a specified
period of time and may be renewed in so far as this is necessary and appropriate.
(3) The undertaking or association of undertakings concerned may appeal from a
decision of the Director General as described in sub-article (1) by application filed before the Appeals Tribunal within twenty days
from the date upon which the decision was notified in accordance with article 19(1), and such appeal shall not have the effect of
suspending the interim measure unless the Appeals Tribunal, after hearing the submissions of the undertaking or association of undertakings
concerned and the Director General, otherwise directs.
(4) Any decision of the Appeals
Tribunal under this article shall be final.
Deletion of article 16 of the principal Act.
Substitution of articles 17, 18 and 19 of the principal Act.
(2) Articles 17, 18 and 19 of the principal Act shall be substituted by the following articles:
Non-compliance with a cease and desist order and a compliance
order.
17. Any undertaking or association of undertakings which acts contrary to a cease and desist order or a compliance order issued by
the Director General in accordance with article 13 shall, without prejudice to any other liability under this Act or any other law,
commit an infringement of this Act.
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Non-compliance with an interim measure.
Notification and
Publication.
18. Any undertaking or association of undertakings which acts contrary to an interim measure issued by the Director General in accordance
with article 15 shall, without prejudice to any other liability under this Act or any other law, commit an infringement of this Act.
19. (1) Any decision or order of the
Director General delivered in accordance with the provisions of this Act shall be notified to the parties concerned and to the complainant
in accordance with article 64 of the Malta Competition and Consumer Affairs Authority Act 2010 due regard being had to the protection
of confidential information and business secrets.
(2) The Appeals Tribunal and the
Director General shall publish without undue delay the decisions taken under this Act and in doing so the Appeals Tribunal and the
Director General shall have regard to the legitimate interest of the undertakings in the protection of their business secrets.
(3) Any decision delivered by the
Appeals Tribunal in proceedings held before it shall be deemed to be notified to the undertaking or association of undertakings
concerned on the date on which it is pronounced.
(4) The Appeals Tribunal shall provide: (a) both a complete version and
non-confidential version of its decision on paper or on any other durable medium to the Director General; and
(b) a copy of its decision, upon
request, to the parties to the case, ensuring in doing so the protection of confidential information and business secrets.".
Substitution of article 21 of the principal Act.
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following:
"Administr- ative Fines.
21. (1) Any undertaking or association of undertakings which commits an infringement in terms of articles
12A(6),12C(3),
17 or 18 may, by decision of the Director General, be held liable to pay an administrative fine of up to ten per centum of the annual turnover of the undertaking or association of undertakings concerned:
Provided that where the infringement of an association relates to the activities of its members, the fine shall not exceed ten per centum of the sum of the total turnover of each member active on the market affected by the infringement of the association.
(2) (a) Where an administrative fine
is imposed upon an association of undertakings, taking account of the annual turnover of its members, and the association is not solvent,
the association shall be obliged to call for contributions from its members to cover the amount of the administrative fine due;
(b) Where the contributions referred to in paragraph (a) have not been made to the association within a time-limit fixed
by the Director General, the Director General may require payment of the administrative fine directly by any of the undertakings
whose representatives were members of the decision- making bodies of the association; and
(c) Where the application of paragraph (b) is not sufficient to ensure the full payment of the fine, the Director General may
require payment of the balance by any of the members of the association which were active on the market on which the infringement
occurred:
Provided that the Director General shall not require payment from undertakings
which show that they have not implemented the unlawful decision of the association and they were not aware of its existence or had
actively distanced themselves from it before the Director General started investigating the case:
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Provided further that the financial liability of each undertaking in respect to the payment of the fine shall not exceed 10% of its
total turnover in the preceding business year.
(3) In fixing the amount of the fine, the
Director General shall have regard to the gravity and duration of the infringement and to any aggravating or attenuating circumstances:
Provided that the Director General
may from time to time issue guidelines detailing the manner in which such fines are set.
(4) (a) Any undertaking or association of undertakings which fails to comply with a cease and desist order
or a compliance order pursuant to article 13, or fails to comply with an interim measure pursuant to article 15, or fails to comply
with a commitment made binding pursuant to article 12C, or which fails to supply complete and correct information pursuant to a request
for information under articles 11A and 12 or fails to submit to an inspection under article 12 may, at the discretion
of the Director General, be liable to a daily penalty payment not exceeding five per centum of the average daily turnover of the undertaking or association of undertakings concerned in the preceding business year for each
day during which the undertaking fails to comply with its obligations.
(b) The daily penalty payment referred to in paragraph (a) shall be calculated from the day determined in the decision of the
Director General.
(c) Where the undertaking or association of undertakings concerned complies
with the obligations mentioned in paragraph (a), the Director General may fix the definitive amount of the daily penalty payment at
a figure lower than that which would have arisen in terms of the original decision of the Director General.
(d) In the application of this sub- article to an association of undertakings, sub- article (2) shall apply mutatis mutandis.
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Addition of new article 21A of the principal Act.
(5) Any person who in the course of any investigation or inquiry conducted under this Act, or in the course of any proceedings before
the Appeals Tribunal knowingly or recklessly:
(a) gives any false, inaccurate or misleading information; or
(b) supplies incomplete information; or
(c) prevents or hinders any investigation; or
(d) produces or furnishes, or
causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in any particular
material, shall be liable to the payment of an administrative fine of not less than one thousand euro (€1,000) and not more than
ten thousand euro (€10,000), as imposed by the Director General.
(6) Where a person, being an owner,
director, officer, administrator or manager of an undertaking fails, without reasonable cause, to supply information requested within
the time given, shall be liable to the payment of an administrative fine of two thousand and four hundred euro (€2,400) for each
day in default.".
"Failure to pay fines.
21A. Without prejudice to article 13A(1), failure to pay any administrative fine and, or daily penalty payment imposed by the Director
General, or by the Appeals Tribunal upon appeal from an administrative fine and, or daily penalty payment imposed by the Director
General, within the time limit set shall constitute an offence against this Act, and any person being a director, secretary,
manager or other principal officer of the undertaking or
C 1147
association of undertakings concerned shall, without prejudice to the liability of the said undertaking or association of undertakings
to pay the administrative fine and, or penalty payment due, be liable on conviction to a fine (multa) of not less than one thousand euro (€1,000) and not more than twenty thousand euro (€20,000).".
"(1) Any fine (multa) payable in respect of the commission of a criminal offence under this Act shall be recoverable as a civil debt in favour
of the Government by the Director General, and the undertaking in the economic interests of which the person so found guilty was
acting shall be liable in solidum with the person found guilty for the payment of the said fine.
(2) The provisions of the Probation Act and of article
21 of the Criminal Code shall not apply with respect to criminal offences committed under this Act.
(3)Any administrative fine payable to the Director General under this Act shall be recoverable as a civil debt by the Director General
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.".
Deletion of article 22A of the principal Act.
Amendment to article 23 of the principal Act.
Cap. 446. Cap. 9.
Cap. 12.
Substitution of article 26A of the principal Act.
"Prescription concerning the imposition of administrative fines.
26A. (1) The prescription period for the imposition of administrative fines under article 21 shall be:
(a) three years in the case of infringements of the Act concerning requests for information or the conduct of inspections; and
(b) five years in the case of all other infringements.
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(2) The prescription period begins to run on the day on which the infringement is committed. However, in the case of continuing
or repeated infringements, this period shall begin to run from the day on which the infringement ceases.
(3) The prescription period for the imposition of fines shall be interrupted by any action of the Director General or, in the case
of the application of articles 101 and 102 of the TFEU, of the European Commission or of a competition authority of a Member State
with a view to investigating or instituting proceedings for the infringement. The prescription period shall be interrupted with effect
from the date on which the action is notified to at least one undertaking or association of undertakings which has participated in
the infringement.
(4) Actions which interrupt the running of the period shall include in particular the
following:
(i) written requests for information by the Director General, the European Commission or by a national competition authority;
(ii) the issue of a written
authorisation signed by the Director General or a warrant issued by a Magistrate under article 12 to conduct an inspection, or a written
authorisation by the European Commission in terms of article 20 of Council Regulation (EC) No
1/2003, or an equivalent document issued by a national competition authority;
(iii) the commencement of proceedings by the Director General, the European Commission or by a national competition authority;
(iv) the notification of a statement of objections in accordance
with article 12A or the communication of a statement of objections by a competition authority of a Member State;
C 1149
(v) the notification of the invitation by the Director General to engage in settlement discussions under article 12B.
(5) The interruption of the prescription period shall apply to all undertakings and
associations of undertakings which have participated in the infringement.
(6) The prescription period shall start to run again from each interruption.
(7) The prescription period for the
imposition of fines shall be suspended for as long as the decision of the Director General is the subject of proceedings pending before
the Appeals Tribunal or the Court of Appeal.".
Deletion of article 26B of the principal Act.
Substitution of article 27 of the principal Act.
"Proceedings in front of a civil court.
27. (1) Where before any court of civil jurisdiction it is alleged that any agreement or decision is null
and unenforceable in accordance with article 5 of this Act and, or article 101 of the TFEU, or where it is alleged that there is
an abuse of a dominant position in accordance with article 9 of this Act and, or article 102 of the TFEU, that court shall stay
the proceedings and request the Director General to submit a report on the competition questions raised before it and the court
shall take into consideration such report, and any submissions thereon made by the parties and the Director General, before deciding
the case.
(2) Where the Director General, on his own initiative, becomes cognizant of allegations as mentioned in sub-article (1), in
a civil lawsuit, he shall, by means of an application, request the court to apply the procedure referred to in sub-article (1).
C 1150
Addition of new article 27A to
the principal act.
(3) For the purposes of drawing up reports under this article the Director General may have resort to the investigatory powers conferred upon him under this Act.".
"Right to damages.
27A. (1) Any person who has suffered damage as a result of an infringement of articles
5 and, or 9 of this Act and, or articles 101 and, or 102 of the TFEU may institute an action for damages before a court of civil jurisdiction.
(2) For the purposes of this article, a
person shall be deemed to have suffered damage even where that person is not the immediate customer of the defendant.
(3) The plaintiff shall be entitled to compensation for actual loss and for loss of
profit, together with interest from the time the damage occurred until the capital sum awarded is actually paid.
(4) Prior to establishing the quantum of damages, the Court shall request the Director General to submit a report on the amount
of damages suffered by the plaintiff. In calculating the amount of damages, the Director General shall take into account the counter
factual scenario that would have prevailed had the infringement not taken place.
(5) An action under this article may be instituted in the absence of any investigation or proceedings under this Act or under Council
Regulation (EC) No 1/2003.
Provided that an action under this article may also be instituted:
(a) where there is a final decision under this Act establishing an infringement of articles 5 and, or 9 of this Act and,
or articles 101 and, or 102 of the TFEU;
(b) where there is a final decision of the European Commission establishing
an infringement of articles 101 and, or 102 of the TFEU;
C 1151
(c) pending an investigation or proceedings under this Act or under Council Regulation (EC) No 1/2003;
(d) pending separate proceedings before or following a final decision of the First Hall, Civil Court involving the application
of articles 5 and, or 9 and, or articles 101 and, or 102 of the TFEU.
(6) In the circumstances mentioned in paragraphs (a) and (b) of the proviso to sub- article (5), the court shall be bound
by the finding of an infringement in the decision and in all other circumstances mentioned in sub-article (5), article 27 shall
apply.
(7) The defendant may not plead lack of
intention, negligence or lack of fault on his part as a defence in a claim for damages under sub- article (1):
Provided that the defendant may demonstrate that the infringement was the result of a genuinely excusable error. For the purposes
of this proviso, an error would be excusable if a reasonable person applying a high standard of care could not have been aware that
the conduct restricted competition.
(8) The defendant may raise as a defence the fact that the plaintiff passed on the damage
initially suffered by him on to his customers.
(9) (a) The action under this article shall be barred by the lapse of two years commencing from the day the injured party
became aware or should reasonably have become aware of the damage, the infringement and the identity of the undertaking
or association of undertakings responsible for the infringement.
(b) The period mentioned in paragraph (a) shall be suspended if infringement
proceedings are initiated by the Director General under this Act or by the European Commission under Council Regulation
(EC) No
1/2003 or where separate proceedings have been instituted before the Civil Court as referred to in paragraph (d) of the proviso to
sub-article (5) until any such proceedings are terminated by a decision which has become res judicata.
C 1152
Cap. 16.
(10) (a) The provisions of this article shall prevail over anything to the contrary contained in the Civil Code;
(b) The right to file an action under sub-article (1) shall not affect the right to bring any other proceedings in respect
of the same infringement under this Act, or any regulations made thereunder or any other law; and
Amendment to article 29 of the principal Act.
(c) Sub-article (1) shall only apply to claims relating to infringements
occurring after the coming into force of this article.".
"Co-operation under Regulation
1/2003.
29. The Director General shall co- operate with the European Commission and National Competition Authorities in terms of Council Regulation (EC) No. 1/2003.".
Amendment to article 31 of the principal Act.
Amendment to article 32 of the principal Act.
Amendment to article 33 of the principal Act.
"No action shall lie against any member of the Appeals Tribunal, the Director General, or any of his officers or any authorised person acting under his direction or control for any act or omission in connection with this Act, or any regulations made thereunder, done or omitted by him unless such act or omission were done in bad faith.".
"(2) The Minister may make regulations:
(a) prescribing the procedure to be followed by the office in joint investigations, co-operation and exchange of information
with other national competition authorities;
(b) prescribing the procedure for co-operation between the Appeals Tribunal, the European Commission, the national courts and
national competition authorities; and
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(c) providing for the power to waive or reduce the applicable fine in cartel investigations.".
Part 1 of the Second Schedule of the principal Act shall be deleted.
Act, hereinafter in this Part referred to as "the principal Act".
(2) The principal Act is hereby repealed, without prejudice to anything lawfully done or omitted to be done thereunder.
419.07, and 419.08 made under the Malta Standards Authority Act are to remain in force as if made under the Malta Competition and Consumer Affairs Authority Act 2010.
following:
Deletion of the Schedule of the principal Act.
Amendment to the Public Administration Act.
Cap. 497
Amendment to Part 1 of the Second Schedule of the principal Act.
Repeal of Malta Standards Authority Act. Cap. 419.
Saving subsidiary legislation under the Malta Standards Authority Act.
Amendment to the Product Safety Act. Cap. 427.
Amendment to article 2 of the principal Act.
C 1154
" "Director General" means Director General (Technical Regulations) as appointed by article 19 of the Malta Competition
and Consumer Affairs Authority Act
2010;" and wherever the word "Director" occurs in the principal Act it shall be substituted by the word "Director
General";
(b) the definition "standard" shall be substituted by the following:
" "standard" shall have the same meaning as assigned to it in the Malta Competition and Consumer Affairs Authority
Act 2010;"; and
(c) immediately after the definition "standard" there shall be inserted the following new definition:
Amendment to article 9 of the principal Act.
Amendment to article 27 of the principal Act.
Amendment to article 28 of the principal Act.
" "Technical Regulations Division" means the
Technical Regulations Division, as established by article
19 of the Malta Competition and Consumer Affairs
Authority 2010;".
(a) the words "Functions of the Malta Standards Authority" in the marginal note thereof shall be substituted by the words
"Responsibilities of the Technical Regulations Division"; and
(b) the words "Malta Standards Authority" in article 27 thereof shall be substituted by the word "Technical Regulations
Division".
(a) the words "with the concurrence of the head of the Regulatory Affairs Directorate established under the Malta Standards
Authority Act or such other head of any Directorate as the Minister may by Order designate in his stead" in sub-article (1)
of article 28 thereof shall be deleted; and
(b) the words "and the exemption from liability under the said subsection (3) shall extend to the Director of Market Surveillance"
in sub-article (3) of article 28 thereof shall be deleted.
C 1155
Amendment to article 38 of the principal Act.
following:
" "Authority" means the Malta Competition and Consumer Affairs Authority as established by the Malta Competition and
Consumer Affairs Authority Act 2010;";
(b) the definition "Directorate" shall be deleted and wherever the word "Directorate" occurs in the principal
Act it shall be substituted by the word "Institute";
(c) the definition "Head" shall be substituted by the following: " "Director General" means the person
appointed as
Director General (Standards and Metrology) by article 21
of the Malta Competition and Consumer Affairs Authority Act 2010;" and wherever the word "Head" occurs in the principal
Act it shall be substituted by the word "Director General";
(d) immediately after the definition "inspector" there shall be inserted the following new definition:
" "Institute" means the Standards and Metrology Institute as established by article 21 of the Malta Competition and
Consumer Affairs Authority Act 2010;" and
(e) the definition "Minister" shall be substituted as follows:
" "Minister" means the Minister responsible for standards and metrology and includes, to the extent of the authority
given, any person authorised by the Minister to
Amendment to the Metrology Act.
Cap. 454.
Amendment to article 2 of the principal Act.
C 1156
Substitution of article 3 of the principal Act.
Amendment to article 20 of the principal Act.
Amendment to the Administrative Justice Act. Cap. 490.
Deletion of items in the First Schedule of the principal Act.
Amendment to the Doorstep Contracts Act. Cap. 317.
Amendment of article 2 of the principal Act.
act in that behalf for any purpose of this Act;".
(2) Sub-article (1) of article 3 of the principal Act shall be substituted as follows:
"The Director General (Standards and Metrology), as appointed by the Malta Competition and Consumer Affairs Authority Act 2010,
shall have the responsibilities as may be assigned to him by this Act, by the Malta Competition and Consumer Affairs Authority Act
2010 and by any other law.".
(a) the words "article 5 of the Malta Standards Authority Act" shall be substituted by the words "article 48 of
the Malta Competition and Consumer Affairs Authority Act 2010"; and
(b) the words "Cap. 419." in the marginal note thereof shall be deleted.
C 1157
" "Director General (Office for Consumer Affairs)" means the Director General as appointed by article 16 of the Malta
Competition and Consumer Affairs Authority Act 2010;" and wherever the word "Director" appears it shall be substituted
by the word "Director General (Office for Consumer Affairs)".
substituted by the following:
""conformity mark" shall have the same meaning assigned to it in article 2 of the Malta Competition and Consumer Affairs
Authority Act 2010;"; and
(b) immediately after the definition "Minister" there shall be inserted the following new definition;
""Office" means the Office for Consumer Affairs as established by article 16 of the Malta Competition
and Consumer Affairs Authority Act 2010;".
(a) paragraph (d) thereof shall be substituted by the following: "(d) the senior officer operationally responsible for
Amendment to the Trade Descriptions Act.
Cap. 313.
Amendment of article 2 of the principal Act.
Amendment of article 22 of the principal Act.
Amendment to the Food Safety Act.
Cap. 449.
Amendment of article 5 of the principal Act.
C 1158
foodstuffs within the Malta Competition and Consumer Affairs Authority, designated by the Director General (Technical Regulations);"
and
(b) paragraph (e) thereof shall be substituted by the following:
Amendment of article 7A of the principal Act.
Amendment of article 9 of the principal Act.
Amendment to the Pesticides Control Act. Cap. 430.
Amendment of article 2 of the principal Act.
"(e) the senior officer operationally responsible for consumer affairs within the Malta Competition and Consumer Affairs Authority, designated by the Director General (Office for Consumer Affairs);".
(a) the words "Authority" in the marginal note thereof shall be substituted by the words "Director General (Technical
Regulations)";
(b) the words "Malta Standards Authority as established by article 3 of the Malta Standards Authority Act" in sub-article
(1) thereof shall be substituted by the words "Director General (Technical Regulations)"; and
(c) the words "Malta Standards Authority" in sub-articles (2), (3) and (4) thereof shall be substituted by the words
"Director General (Technical Regulations)".
following:
" "the Authority" means the Malta Competition and
Consumer Affairs Authority as established by article 3 of the
C 1159
Malta Competition and Consumer Affairs Authority Act 2010;" and
(b) in the definition "Director" the words "head of the Regulatory Affairs Directorate established under
the Malta Standards Authority Act or such other head of any Directorate as the Minister may by Order designate in his stead"
shall be substituted by the words "Director General (Technical Regulations) as appointed by article 19 of the Malta Competition
and Consumer Affairs Authority Act 2010".
"(f) decisions of the Consumer Claims Tribunal.".
Amendment to the Code of Organization and Civil Procedure. Cap. 12.
Amendment of article 253 of the Code.
C 1160
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 2010, 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, household or undertaking by reason of my service as an officer within
such Authority.
So help me God.
C 1161
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 Organization and Civil Procedure. Any challenge shall be determined by the President.
Provided that the undertaking or association of undertakings concerned, or the Director General (Office for Competition) and the Director
General (Office for Consumer Affairs), or the complainant may request 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 (Office for Competition) and the Director General (Office for Consumer Affairs) and any
other officer from the Office for Competition and the Office for Consumer Affairs duly authorised by the said Directors General,
shall have the right to be present in all proceedings.
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(b)The Appeals Tribunal shall verify the confidentiality or otherwise of the information submitted.
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.
C 1163
May 1997 on the Protection of Consumers in respect of Distance Contracts.
October 1997 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.
11 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.
23 April 2008 on credit agreements for consumers and repealing Council Directive
87/102/EEC.
C 1164
Subject to the powers of the Minister under article 66, the Office for Competition, the Office for Consumer Affairs, the Technical
Regulations Division and the Standards and Metrology Institute, shall have the following Directorates:
Office for Competition
Office for Consumer Affairs
Technical Regulations Division
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Standards and Metrology Institute
The objects of this Bill is to provide for the establishment of an Authority to promote, maintain and encourage competition, to safeguard the interests of consumers and enhance their welfare and to promote sound business practices.
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