[ S.L. 117.39 FARM ADVISORY SERVICES 1 SUBSIDIARY LEGISLATION 117.39 FARM ADVISORY SERVICES REGULATIONS 17th May, 2019 LEGAL NOTICE 99 of 2019, as amended by Legal Notice 189 of 2024. 1.
(1)The title of these regulations is the Farm Advisory Services Regulations. Title. Amended by: L.N. 189 of 2024.
(2)These regulations shall regulate the setting up of the farm advisory services system and the recognition and registration of farm advisory service providers and any ancillary matters in accordance with Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/ 2008, and Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013, as both in force from time to time.
- In these regulations, unless the context otherwise requires- Interpretation Amended by: L.N. 189 of
- "the Act" means the Supplies and Services Act; Cap.
- "beneficiary" means any natural or legal person, whether public or private, receiving, or entitled to receive farm advisory services; "the Board" means the Farm Advisory Registration Recognition Board set by regulation 4; "certificate" means the certificate of recognition issued in accordance with regulation 17; "Chairperson" means the person appointed in accordance with regulation 4 and having the responsibility to ensure that the Board is functioning in accordance to law; "competent authority" means the Agriculture and Rural Payments Agency within the Ministry responsible for agriculture; 2 [ S.L.117.39 FARM ADVISORY SERVICES "expert advisor" means the qualified individual who shall be providing the farm advisory services under these regulations; "farm advisory system" means the regulatory framework regulating farm advisory services; "farm advisory service providers" means any natural or legal person, whether public or private, providing farm advisory service under the provisions of these regulations; "main issue" means the issues listed in the second column of Annex II of Regulation (EU) 1306/2013 and Annex III of Regulation (EU) 2021/2115, as in force from time to time; "person" means any natural or legal person, including companies, associations, co-operatives, trade unions, partnerships, or any other recognised legal form, whether public or private; "register" means the list of recognised entities which shall be public and which shall include the information listed in regulation 6
(1); "Registrar" means the person appointed in accordance with regulation 5 and having the responsibility to keep and maintain the Register in accordance with regulation 6; "Regulations" means Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008, and Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013, as in force from time to time; "status report" means the annual report to be drawn up and submitted by the farm advisory service provider in accordance with the provisions of these regulation and in accordance with any templates provided by the Board. Competent authority. Substituted by: L.N. 189 of 2024. S.L. 146.03. 3. For the purposes of these regulations, the competent authority shall be the Paying Agency as established by Regulation 3 of the Paying Agency Regulations. FARM ADVISORY SERVICES [ S.L. 117.39 4.
(1)There shall be a board which shall be known as the Farm Advisory Services Recognition Board. (1A) The members of the Board shall be appointed by the Permanent Secretary within the Ministry responsible for agriculture. 3 Farm Advisory Services Recognition Board. Amended by: L.N. 189 of 2024. (1B) The Board shall be composed of five
(5)members being representatives from the Ministry responsible for agriculture, and one
(1)of whom shall be appointed as Chairperson. (1C) The secretary to the Board shall be appointed by the Head of the competent authority.
(2)The secretary to the Board shall be a representative from the competent authority who shall also act as Registrar and shall be responsible for the register of the recognised farm advisory service providers.
(3)The Board shall assess applications for recognition and shall decide in accordance with these regulations.
(4)The Board shall instruct the Registrar to issue certificates of recognition to applicants who meet the requirements in accordance with regulation 17.
(5)The Board shall instruct the Registrar to inform the applicants that do not meet the requirements for recognition that their application has been refused by means of a notification.
(6)Where the Board decides that an applicant shall not be issued with a certificate of recognition, the Board shall together with the notification, provide a justification for its decision.
(7)The Board shall notify its decision to accept or refuse an application to the Registrar, within four
(4)months from the date of receipt of the complete application form: Provided that in the event that the Board requests further information, documentation or clarification, the four
(4)months shall commence on the day when the last information, documentation or clarification are submitted by the applicant to the satisfaction of the Board.
(8)The Board shall regulate its own procedure.
- The Registrar shall be responsible for issuing the certificate of recognition for keeping and maintaining the register and shall note all recognitions, suspensions, cancellations, de-listings and reinstatements in the register. The Registrar. Amended by: L.N. 189 of
- 4 [ S.L.117.39 The register. Amended by: L.N. 189 of
- FARM ADVISORY SERVICES 6.
(1)The Registrar shall keep the register with the following information: (
- a)the full name of the recognised farm advisory service provider; (
- b)a unique reference number; (
- c)the date of recognition; (
- d)the name and surname of the representative of the farm advisory service provider; (
- e)the contact information of the representative of the farm advisory service provider; and (
- f)Board. any other information as may be required by the
(2)The list of recognised entities shall be made public and will be updated regularly with any changes in the information. The Registrar shall render the register public by publication in the Gazette and through other media, as instructed by the Board. The Registrar shall provide access to information relating to the register according to law. Farm advisory service providers. Amended by: L.N. 189 of
- Legal or natural persons who satisfy the eligibility criteria set out in regulation 8 and who have been duly recognized, shall be recognised as a farm advisory service providers and shall have, for the whole duration of the recognition, a right to provide farm advisory services in accordance with these regulations. Criteria for recognition of farm advisory service providers. Amended by: L.N. 189 of
- 8.
(1)A farm advisory service provider shall not be granted recognition in accordance with these regulations unless the Board is satisfied that farm advisory service provider meets the criteria for recognition established hereunder: (
- a)evidence legislation provisions; of conformity with all applicable (
- b)evidence of technical and professional competence to provide advisory services as provided in the Regulations, to the satisfaction of the Board; (
- c)evidence of human resource, administrative and organisational capacity to the satisfaction of the Board; (
- d)presentation of the advisory service’s business plan for the approval of the competent authority; (
- e)evidence of commitment in accordance with regulation 14
(2)(j); and FARM ADVISORY SERVICES [ S.L. 117.39 5 (f) where authorisation or license is required for the provision of technical services, evidence of due authorisation or license from the relevant competent authority for the provision of such technical services shall also be required.
(2)A farm advisory service provider shall not provide farm advisory services unless recognised by the Board in accordance with these regulations.
(3)Applicants who disagree with the decision of the recognition process shall within fifteen days
(15)from when the decision is issued have the right to appeal before the Administrative Review Tribunal established by article 5
(1)of the Administrative Justice Act. Cap. 490 9.
(1)Recognised Farm Advisory Services Providers shall provide advisory services to farmers or operators in the agricultural sectors in the areas set out in the Regulations. Farm advisory services. Amended by: L.N. 189 of 2024.
(2)The Board shall recognise farm advisory services providing advice on the areas referred to in Article 12
(3)of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/ 2000, (EC) No 1290/2005 and (EC) No 485/2008, and Article 15
(4)of Regulation (EU) No 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013, as in force from time to time.
(3)The competent authority may communicate to the recognised farm advisory service provider the categories of beneficiaries who should be given priority access to the farm advisory service provider in accordance with the applicable regulations. 10.
(1)The recognized farm advisory service providers shall ensure that their advisors are trained regularly. Such training shall include: (
- a)the obligations arising from law in the relevant advisory area or sub-area for which such advisors are recognised and any changes thereto; (
- b)the information to be collected and provided in line with standards to be set by the competent authority; Training of advisors. Amended by: L.N. 189 of 2024. 6 [ S.L.117.39 FARM ADVISORY SERVICES (
- c)the manner of conducting on-site inspections in line with standards to be set by the competent authority; (
- d)training on best practices in the relevant advisory area or sub-area for which such advisors are recognised.
(2)The Board may require evidence that such training is provided effectively. Advisory services on cross compliance. Substituted by: L.N. 189 of 2024. 11.
(1)The Board shall not accept applications for the provision of advisory services related to rules on cross compliance, unless all requirements and standards for the main issues applied for are provided comprehensively according to the Regulations.
(2)The decision of the Board shall be based on rules on cross compliance and, or conditionality according to the Regulations: Provided that the Board has to be satisfied that the beneficiaries shall receive sufficient comprehensive advice in relation to the specific main issues referred to in the Regulations. Expert advisor.
- An expert advisor shall not provide advisory services under more than one farm advisory service provider during any given period of time. Third party expert advisor.
- A farm advisory service provider may, at its discretion, use the services and expertise of third party expert advisors. In any event where the farm advisory service provider makes use of third party expert advisors, the farm advisory service provider shall, for the purpose of this engagement, enter into a written contract of service with such expert advisors and shall send a copy of this contract to the Board, together with the application form, for its approval, in accordance with these regulations: Provided that expert advisors engaged under a contract of service shall, for the duration of the recognition and with regard to the beneficiaries and the Board, have the same status, rights and obligations as expert advisors engaged with the farm advisory service provider under a contract of employment. Application for recognition. Substituted by: L.N. 189 of
- 14.
(1)Farm advisory service providers shall be eligible for consideration for the purposes of recognition by the Board, following their declaration of interest made by means of an application in the format established by the competent authority.
(2)The application for the recognition of farm advisory services shall include all details as required by the Board. The competent authority shall draw up and publish guidelines setting out in detail the form and content of such applications, including documents and other evidence required to demonstrate competency and eligibility as set out hereinafter. Such details shall include: [ S.L. 117.39 FARM ADVISORY SERVICES (a) the particulars of the applicant; (b) the particulars of the expert advisor or advisors; (c) a clean police conduct certificate for all individuals referred to in paragraphs (a) and (b) issued in the previous six
(6)months, or whenever requested during the duration of the recognition, unless those individuals are public officers; (
- d)advisory area(
- s)and sub-areas as established in the Regulations for which the applicant is seeking recognition; (
- e)a detailed organizational chart; (
- f)detailed Curriculum Vitae of advisors acting for the farm advisory service provider together with any additional proof of competency to perform the advisory services in the relevant advisory area or sub-area; (
- g)evidence of special established in the Regulations; (
- h)recognition for areas a training plan; (
- i)a copy of contract of service for third party expert advisors, if applicable; (
- j)declaration of commitment; (
- k)declaration of absence of conflict of interest; (
- l)proof of payment for the administrative fee as set out in Schedule II; (
- m)Board. any other information as may be requested by the
(3)A farm advisory service provider shall not be recognised more than once during any given period of time: Provided that in any case where the recognition of a farm advisory service provider has been cancelled or de-listed, the farm advisory service provider may re-apply for recognition under these regulations. Such re-application for recognition may not be made before the lapse of six
(6)months from the date of cancellation or de-listing as the case may be.
(4)Upon receipt of a communication from the Registrar that the entity may be recognised, the entity shall pay the administration fee as established in the Schedule II. This administration fee shall not be refundable. 7 8 [ S.L.117.39 Conflict of interest. Amended by: L.N. 189 of 2024. FARM ADVISORY SERVICES 15.
(1)The registered farm advisory service provider shall ensure that the persons who appear under it , whether engaged under a contract of employment or under a contract of service, shall be free from any conflict of interest that may arise from their engagement.
(2)When it appears to the Board that, notwithstanding the declaration made pursuant to regulation 14
(2)(k), the farm advisory service provider or any person appearing on its behalf appears to have a conflict of interest, the Board shall demand a clarification from the registered farm advisory service provider before taking a decision. Clarification.
- The Board may seek clarifications from any person on any of the matters referred to in these regulations at any time between the submission of the application form until the expiration of the recognition. The certificate of recognition Amended by: L.N. 189 of
- 17.
(1)The certificate of recognition shall contain the following information: (
- a)the name of the entity or other means of identification; (
- b)the date of recognition; (
- c)the advisory area and, or sub-area; (
- d)the allocated recognition number.
(2)Certificates issued to recognised farm advisory service providers shall be valid for five
(5)years from the date of recognition and may be renewed by means of an official requests made in writing by the same service providers.
(3)Certificates of recognition shall be renewed only following a written request by the farm advisory service provider. A request for renewal shall include any documentation referred to in regulation 14 in relation to which there have been material changes. Notification by the Registrar. 18.
(1)The Registrar shall, upon a written request by the Board, notify the applicant of any other request for clarification, decision or instruction including decisions to make any suspensions or withdrawal of such recognition and clarification and any other action deemed necessary by the Board. Notifications under this regulation shall, whenever appropriate, be accompanied by a reasoned justification.
(2)In any event where the farm advisory service provider intends to add another advisory area to the one already recognized, or intends to change to another advisory area or sub-area from the one already recognized for, a new application for recognition needs to be submitted in accordance with these regulations. FARM ADVISORY SERVICES 19. [ S.L. 117.39 Recognised farm advisory service providers shall: (
- a)adhere to any standards or guidelines published by the competent authority during the term of their recognition; and 9 Implementation of the farm advisory service. Amended by: L.N. 189 of 2024. (
- b)bear the responsibility for the correctness, validity and reliability of the information and services provided to the beneficiaries by their personnel as part of their engagement and shall provide the Board with a signed declaration to this effect when submitting the relevant recognition documentation, in accordance with regulation 14. 20. Where the recognised farm advisory service provider engages third party experts from outside of the farm advisory service provider organization under a contract of service, the farm advisory service provider shall remain solely liable towards the beneficiaries for the whole of its obligations under the terms of engagement. Liability toward the beneficiaries. Amended by: L.N. 189 of 2024. 21. Status changes which materially effect the criteria upon which the recognition was given shall be reported by the farm advisory service provider to the Board within ten
(10)working days either from the day when such information is requested or from the day when such changes should have become known by the provider, whichever date is the earlier. The farm advisory service provider shall suspend its operations until the Board approves in writing the changes requested. Change in status. Amended by: L.N. 189 of 2024. 22.
(1)The farm advisory service providers shall treat all information obtained during the advisory activity as strictly confidential and any personal data that such service providers may process shall fully comply with the principles relating to the processing of personal data pursuant to Article 5 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/ 46/EC (General Data Protection Regulation): Protection of data. Substituted by: L.N. 189 of 2024.
(2)The obligations referred under sub-regulation
(1)shall continue to apply in the event that a farm advisory service provider loses recognition or is de-listed from the registry: Provided that any personal data which is being processed and is no longer necessary shall be erased by the farm advisory service provider without undue delay. 23. The Board shall draw up an annual report concerning the quality and effectiveness of advice given by the farm advisory service provider in relation to breaches referred to in the on-the-spot checks. Annual report. 24.
(1)Recognised farm advisory service providers and expert advisors engaged by a registered farm advisory service provider under a contract of service shall ensure reasonable access to members or Control, reports and monitoring. Amended by: L.N. 189 of 2024. 10 [ S.L.117.39 FARM ADVISORY SERVICES persons authorised by the Board for the purposes of carrying out inspection to ascertain compliance with these regulations and to verify the accuracy of any information provided or any declaration made by the recognised farm advisory service provider.
(2)The registered farm advisory service provider shall cooperate with any lawful requests by the Board or by any other lawfully appointed body for the provision of data and any other information regarding the implemenation of the farm advisory service.
(3)The registered farm advisory service provider shall, by not later than the 31st of January of the following year, provide the Board with a yearly status report on the farm advisory services activities carried out, including activities carried out by any outsourced experts, in the preceding calendar year. This report shall be signed by the legal representative of the recognised farm advisory service provider. Cancellations and penalties. Amended by: L.N. 189 of 2024. 25.
(1)The Board has the right to cancel any certificate of recognition granted to a farm advisory service provider as an entity or, as an individual within the entity, when the holder of that certificate or any level advisor or inspector engaged by a recognised farm advisory service provider under a contract of service is in breach of these regulations and no longer satisfies the criteria for recognition: Provided that in any event where the Board considers the breach to be minor or inconsequential, it may, at its sole discretion, grant the recognised farm advisory service provider time to regularise its position before the cancellation of the recognition is effected.
(2)The Board shall cancel any certificate granted under the provisions of these regulations when the holder of that certificate: (
- a)is found guilty in any proceeding by a court of law of any criminal offence under Part II of Chapter 9 of the Laws of Malta; or (
- b)has been deemed by the Board, to have consistently failed to deliver services in line with the quality and standards required by the competent authority; (
- c)has been deemed by the Board to have knowingly submitted misleading or false information; (
- d)has failed to provide the necessary documentation or evidence as requested by the Board within one
(1)month from the request or within any other period as determined by the Board; (e) has not provided services to farmers and has failed within one
(1)month of being requested in writing by the Board to provide evidence to the contrary, to provide such evidence to FARM ADVISORY SERVICES [ S.L. 117.39 the satisfaction of the Board. Provided that where the Board determines that (
- a)or (
- c)have been committed by an expert advisor engaged by such Farm Advisory Service provider, in a manner which also involves the intentional or negligent conduct on the part of the Service provider, the Board may, at its absolute discrection, cancel also the certificate granted to the Farm Advisory Service provider. This is without prejudice to other legal remedies that the Board may pursue in accordance to law.
(3)For the purposes of applying regulation 25, the Board shall have the competence to determine the gravity of any offence, breach of law or failure, as well as to determine the requisite standard of diligence and quality of work required by the recognised farm advisory service provider.
(4)The Board may cancel any certificate granted under the provisions of these regulations in any case where, in the opinion of the Board, the farm advisory service provider is failing to provide a quality service.
(5)The Board may only take a decision to cancel a recognition after it has notified the farm advisory service provider of any finding of any facts that may amount to an offence, breach of law and after it has given the farm advisory service provider adequate opportunity to make own submissions, in accordance with the principles of natural justice.
(6)Any legal or natural person whether public or private who, for the purposes of obtaining the certificate of recognition, gives any wrong information or otherwise acts in a deceitful or fraudulent manner, shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) not exceeding two thousand and three hundred and thirty euro (€2,330). This is without prejudice to any other remedy that may be sought under law. Schedule I Category of Advisory Areas Repealed by Legal Notice 189 of 2024. 11 12 [ S.L.117.39 Amended by: L.N. 189 of 2024. FARM ADVISORY SERVICES Schedule II Fees Schedule of Fees for Recognition for Farm Advisory Services The following fees shall apply for recognition of Farm Advisory entities: Admin Fee (Application) € 50