ddrg/super_eurlex huggingface dataset:
B 2311
Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,671, 23 ta’ Lulju, 2021
Taqsima  B
____________________________________________________________________B 2311
L.N. 309 of 2021
INVESTMENT SERVICES ACT
(CAP. 370)
Appointment of the Competent Authority (Investment Firms 
Regulation and Investment Firms Directive) Regulations, 2021
IN EXERCISE of the powers conferred by article 12(1)(n) of the
Investment Services Act, the Minister responsible for the regulation of
financial services, acting on the advice of the Malta Financial Services
Authority, has made the following regulations:
Title and scope. 1. (1) The title of these regulations is the Appointment of
the Competent Authority (Investment Firms Regulation andInvestment Firms Directive) Regulations, 2021.
(2) The purpose of these regulations is to implement point (7)
of Article 4(1) of the Investment Firms Regulation and transpose point(5) of Article 3(1) and Article 4(1) of the Investment Firms Directive. 
Interpretation. 2. (1) In these regulations, unless the context otherwise
requires -
Cap. 370. "the Act" means the Investment Services Act;
Cap. 330."competent authority" means the Malta Financial Services
Authority established by article 3 of the Malta Financial Services
Authority Act;
"Investment Firms Directive" means Directive 2019/2034
of the European Parliament and of the Council of 27 November2019 on the prudential supervision of investment firms and
amending Directives 2002/87/EC, 2009/65/EC, 2011/61/EU,
2013/36/EU, 2014/59/EU and 2014/65/EU, as amended fromtime to time, and includes any binding legal instruments,
guidelines and other measures that have been or may be issued
thereunder; 
"Investment Firms Regulation" means Regulation 2019/
2033 of the European Parliament and of the Council of 27November 2019 on the prudential requirements of investmentfirms and amending Regulations (EU) No 1093/2010, (EU) No
575/2013, (EU) No 600/2014 and (EU) No 806/2014, as
amended from time to time, and includes any binding legalinstruments, guidelines and other measures that have been or
VERŻJONI ELETTRONIKA
B 2312
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may be issued thereunder;
(2) Words and expressions used in these regulations shall have
the same meaning assigned to them in the Act.
Competent 
authority.3. The Malta Financial Services Authority shall be the
designated competent authority in Malta for the purposes of the
Investment Firms Regulation and the Investment Firms Directive and
shall carry out the functions and duties as competent authority  for all
purposes of the Investment Firms Regulation and the Investment FirmsDirective, and the Commission of the European Union, ESMA, the
EBA and European regulatory authorities sha ll be informed
accordingly.
VERŻJONI ELETTRONIKA
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_________________________________________________________________________________________________________________________
Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
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B 932
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L.N. 120 of 2021
DANGEROUS DRUGS ORDINANCE
(CAP. 101)
Dangerous Drugs Ordinance (Amendment of First Schedule) (No. 2) 
Order, 2021
IN EXERCISE of the power conferred by article 10(3) of the
Dangerous Drugs Ordinance, the Minister for Health, has made the
following order:-
Citation.
Cap. 101.1. (1) The title of this order is Dangerous Drugs Ordinance
(Amendment of First Schedule) (No. 2) Order, 2021 and this orde r
shall be read and construed as one with the First Schedule to the
Dangerous Drugs Ordinance, which First Schedule is hereinafter in
this order referred to as "the First Schedule".
(2) This order impl ements Commission Delegated Directive
(EU) 2020/1687 of 2 September 2020 amending the Annex to Counci l
Framework Decision 2004/757/JHA as regards the inclusion of thenew psychoactive substance N,N-diethyl-2-[[4-(1-
methylethoxy)phenyl]methyl]-5-nitro-1 H- benzimidazole-1-
ethanamine (isotonitazene) in the definition of "drug".
Amends Part I 
of the First Schedule.2. Immediately after the item "ISOMETHADONE" of Part I
of the First Schedule, there shall be added the following new item:
 "ISOTONITAZENE, N,N-diethyl-2-[[4-(1-
methylethoxy)phenyl]methyl]-5-nitro-1 H- benzimidazole-1-
ethanamine".
Verżjoni Elettronika
B 559
Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,366, 13 ta’ Marzu, 2020
Taqsima  B
____________________________________________________________________B 559
L.N. 58 of 2020
RETIREMENT PENSIONS 
(TRANSITIONAL PROVISI ONS) (REVOCATION) 
REGULATIONS, 2020
(L.N. 51 of 2020)
Commencement Notice
IN EXERCISE of the powers conferred by regulation 1(2) of the
Retirement Pensions (Transitional Provisions) (Revocation)
Regulations, 2020, the Minister re sponsible for the regulation of
financial services has established the 4th March, 2020 as the date on
which the provisions of the said regulations shall come into force. 
VERŻJONI ELETTRONIKA
B 560
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VERŻJONI ELETTRONIKA
A 290
I assent.
(L.S.) GEORGE VELLA
President
9th April, 2021
ACT No. XV of 2021
AN ACT to amend the Prevention of Money Laundering Act, Cap.
373.
BE IT ENACTED by the President, by and with the advice and
consent of the House of Represent atives, in this present Parlia ment
assembled, and by the authority of the same as follows:-
Short title.
Cap. 373. 1. (1) The short title of this Act is the Prevention of Money
Laundering (Amendment) Act, 2021, and this Act shall be read and
construed as one with the Pre vention of Money Laundering Act,
hereinafter referred to as "the principal Act".
Amendment of 
article 3 of the principal Act.2. In sub-article (1) of article 3 o f the principal Act, the words
"fine and imprisonment." shall be substituted by the words "fin e and
imprisonment:" and immed iately thereafter, there shall be added the
following new provisos:
"Provided that an act of  money laundering shall be
aggravated when:
(a) the offence was committed within the
framework of a criminal organisation within the meaning
of Framework Decision 2008/841/JHA; or
Verżjoni Elettronika
A 291
(b) the offender is an obliged entity within the
meaning of Article 2 of Directive (EU) 2015/849 and has
committed the offence in the  exercise of his professional
activities:
Provided further that the  Court may impose any one
(1) or more of the follo wing additional sanctions:
(a) in the case where an act of money laundering is
committed by natural persons:
(i) the temporary or permanent exclusion
from access to public funding, including tenderprocedures, grants and concessions; 
(ii) the temporary or permanent
disqualification from the practice of commercialactivities; 
(iii) the temporary bans  on running for elected
or public office;
(b) in the case where an act of money laundering is
committed by a body of persons, whether corporate or
unincorporate:
(i) the exclusion from entitlement to public
benefits or public aid;
(ii) the temporary or  permanent exclusion
from access to public funding, including tender
procedures, grants and concessions;
(iii) the temporary or permanent
disqualification from the practice of commercialactivities;
(iv) the placing under judicial supervision;
(v) its dissolut ion and winding up;
(vi) the temporary or permanent closure of
establishments which have been used for committing
the offence.".
Verżjoni Elettronika
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Passed by the House of Representatives at Sitting No. 445 of th e
24th March, 2021.
ANĠLU FARRUGIA
Speaker
RAYMOND SCICLUNA
Clerk of the House of Representatives
Verżjoni Elettronika
B 2329B 2329
L.N. 313 of 2021
PREVENTION OF MONEY LAUNDERING ACT
(CAP. 373)
Prevention of Money Laundering and Funding of Terrorism 
(Amendment No. 2) Regulations, 2021
IN EXERCISE of the powers conferred by article 12 of the
Prevention of Money Laundering Act, the Minister responsible fo r
finance, acting on the advice of the Financial Intelligence Ana lysis
Unit, has made the following regulations:-
Citation.
S.L. 373. 01.1. The title of these regulations is the Prevention of Money
Laundering and Funding of Terrorism (Amendment No. 2)
Regulations, 2021 and these regulations shall be read and construed
as one with the Prevention of Money Laundering and Funding ofTerrorism Regulations, hereinafter referred to as "the principal
regulations".
Amends 
regulation 14 of the principal 
regulations.2. Sub-regulation (2) of regulation 14 of the principal
regulations shall be amended as follows:
(a) paragraphs (f) and (g) thereof shall be re-numbered
as paragraphs (h) and (i) respectively;
(b) immediately after paragraph (e) thereof there shall
be added the following new paragraphs:
"(f) statistics relevant to the exchange of
information between the Financial Intelligence Analysis
Unit and any designated authority as defined under article14 of the Act, including data regarding the number of
requests for information made, received, refused and
answered in full or in part, as well as the time taken torespond to a request for information broken down per
designated authority;
(g) statistics relevant to the exchange of
information between the Financial Intelligence AnalysisUnit and Europol as defined under article 14 of the Act,
including data regarding the requests for information
received, refused and answered in full or in part, as well as
the time taken to respond to a request for information;";
(c) paragraph (h) thereof, as re-numbered, shall be
VERŻJONI ELETTRONIKA
B 2330
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substituted by the following new paragraph: 
"(h) data on human resources and information
technology resources available to the Financial
Intelligence Analysis Unit to carry out its functions under
article 16(1)(a), (b), (c) and (k) of the Act;"; and
(d) in paragraph (i) thereof, as re-numbered, the words
"administrative measures or penalties imposed." shall be
substituted by the words "administrative measures or penalties
imposed:" and immediately thereafter there shall be added the
following new proviso:
"Provided that the statistical data set out in
paragraphs (f) to (h) shall also be maintained to assist inthe review of the effectivene ss of the national system to
combat any other serious criminal offences as defined in
the first proviso to article 27C(1) of the Act.".
VERŻJONI ELETTRONIKA
B 1645
L.N. 232 of 2021
EMPLOYMENT AND INDUSTRIAL RELATIONS ACT
(CAP. 452)
Posting of Workers in Malta (Amendment) Regulations, 2021
IN EXERCISE of the powers conferred by article 48 of the
Employment and Industrial Relations Act, the Minister within th e
Office of the Prime Minister as Minister responsible for employment
and industrial relations, has made  the following regulations:-
Citation.
S.L. 452.82.1. The title of these regulations i s Posting of Workers in Malta
(Amendment) Regulations, 2021 and they shall be read and constr ued
as one with the Posting of Worke rs in Malta Regulations, herein after
referred to as "the pr incipal regulations".
Amends 
regulation 2 of 
the principal 
regulations.2. Regulation 2 of the principal regulations shall be amended
as follows:
(a) the definition "foreign service provider" shall be
substituted by the following:
" "sending party" means a service provider which is
established in a different Member State other than Malta;"
and any reference to the wor ds "foreign service provider"
therein shall be substituted by the words "sending party";
(b) the definition "posted employee" shall be substituted
by the following:
" "posted worker" means a worker who, for a limited
period, carries out his work in the territory of a Member
State other than the State in which he normally works"; and
any reference to the words "posted employee" therein shall
be substituted by the words "posted worker". 
Amends 
regulation 10 of the principal 
regulations.3. Regulation 10 of the principal regulations shall be
substituted as follows:
"10. In any civil proceedings instituted by the posted
worker where there is a subcontracting chain, when the direct
subcontractor is the employer of a posted worker, the contracto r
and the direct subcontractor are jointly and severally liable t o the
posted worker with respect to the set of rights granted by
regulation 5:
VERŻJONI ELETTRONIKA
B 1646
Provided that the liability shall be limited to the
posted worker’s rights acqui red under the contractual
relationship between the contractor and direct subcontractor.".
Amends 
regulation 12 of 
the principal regulations.4. Paragaph (a) of regulation 12  of the principal regulations
shall be substituted with the following:
"(a) having failed to pay the posted worker in terms of
regulation 5(1)(c);".
_________________________________________________________________________________________________________________________
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VERŻJONI ELETTRONIKA
B 555
Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,366, 13 ta’ Marzu, 2020
Taqsima  B
____________________________________________________________________B 555
L.N. 56 of 2020
RETIREMENT PENSIONS (EXEMPTION) 
(AMENDMENT) REGULATIONS, 2020
(L.N. 49 of 2020)
Commencement Notice
IN EXERCISE of the powers conferred by regulation 1(2) of the
Retirement Pensions (Exemption) (Amendment) Regulations, 2020,
the Minister responsible for the regulation of financial services has
established the following commencement dates in respect of the said
regulations, as follows:
(a) the 4th March, 2020 as the date when the provisions
of regulations 1, 2, 3 and 5, shall come into force; and
(b)  the 4th March, 2021 as the date when the provisions
of regulation 4 shall come into force.
VERŻJONI ELETTRONIKA
B 556
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VERŻJONI ELETTRONIKA
B 2814
________________________________________________________________________________________________________________________
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L.N. 377 of 2021
COMMUNICATIONS LAWS (AM ENDMENT NO. 2) ACT, 2021
(ACT NO. LII of 2021)
Commencement Notice
IN EXERCISE of the powers conferred by article 1(2) of the
Communications Laws (Amendment No. 2) Act, 2021, the Minister
for the Economy and Industry has established the 1st October, 2021 as
the date when all the provisions apart from article 52 of the s aid Act
shall come into force.
VERŻJONI ELETTRONIKA
B 4148
L.N. 500 of 2021
PROTECTION OF THE WHISTLEBLOWER 
(AMENDMENT) ACT, 2021
(ACT No. LXVII of 2021)
Commencement Notice
IN EXERCISE of the powers conferred by article 1(2) of the
Protection of the Whistleblower  (Amendment) Act, 2021, the Mini ster
responsible for Justice and Gove rnance has established the 24th
December 2021 as the date on which all the provisions of the sa me Act
shall come into force.
_________________________________________________________________________________________________________________________
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Verżjoni Elettronika
B 1990
________________________________________________________________________________________________________________________
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L.N. 262 of 2022
BANKING ACT
(CAP. 371)
Depositor Compensation Scheme 
(Amendment No. 2) Regulations, 2022
IN EXERCISE of the powers conferred by articles 3(1) and 28A
of the Banking Act, the Minister responsible for the regulation of
financial services, acting on the advice of the Malta Financial Services
Authority, has made the following regulations:-
Citation.
S.L. 371.09.1. The title of these regulations is the Depositor
Compensation Scheme (Amendment No. 2) Regulations, 2022 and
these regulations shall be read and construed as one with the Depositor
Compensation Scheme Regulations, hereinafter referred to as the
"principal regulations".
Amends 
regulation 23 of 
the principal regulations.2. In sub-regulation (2) of regulation 23 of the principal
regulations, the words "The available financial means of the Sc heme
shall amount to 1.3% of the covered deposits of its members, or  such
higher percentage as may be established by banking rules pursua nt to
regulation 42:" shall be substituted by the words "The availabl e
financial means of the Scheme sh all reach a target level of the  covered
deposits of its members as follows:
(a) 1.10% from 1 January 2022 until 31 December 2022;
(b) 1.20% from 1 January 2023 until 31 December 2023; 
(c) 1.30% from 1 January 2024 until 31 December 2024; or such higher target level as may be established by
banking rules in accordance with regulation 42:".
VERŻJONI ELETTRONIKA