S.L. 117.39 Art. 25Cancellations and penalties. 

(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 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. 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