S.L. 601.9 · Concession Contracts Regulations (S.L. 601.9)
S.L. 601.9 Art. 125Re-trial. by: 112 of 2024. of the Electoral Services of Office/ Office/ of Corporate Liberties/ of Corporate Office/ Secretary’s of Secretary’s and Climate Services Economy/ of Corporate • Armed • • Public • • • • • • Funds • Malta • Malta • Grand • Malta • • Paying • • • • EU • • • • Project • • •
No application for a re-trial from a decision of the Court of Appeal may be made if, after the final decision has been given, the concession contract has been signed between the contracting authority or the contracting entity and the recommended tenderer and no request for the suspension of the execution of the decision has been made. Schedule 1 Amended XXVIII.2018.44; List of contracting authorities XVII.2024.35; L.N.
• Office of the Prime Minister/Permanent Secretary’s Office/Department Corporate Services • Ministry for European Affairs and Implementation of Manifesto/Permanent Secretary’s Office/Department of Corporate • Ministry for Foreign Affairs/Permanent Secretary’s Office/Department Corporate Services • Ministry for Education and Employment/Permanent Secretary’s Operations Department • Ministry for Transport and Infrastructure/Permanent Secretary’s Department of Corporate Services • Ministry for Gozo/Permanent Secretary’s Office/Department Services • Ministry for Social Dialogue, Consumer Affairs and Civil Permanent Secretary’s Office/Department of Corporate Services • Ministry for the Economy, Investment and Small Business/Permanent Secretary’s Office/Department of Corporate Services • Ministry for Finance/Permanent Secretary’s Office/Department Services • Ministry for the Family and Social Solidarity/Permanent Secretary’s Department of Corporate Services • Ministry for Justice, Culture and Local Government/Permanent Office/Department of Corporate Services • Ministry for Tourism/Permanent Secretary’s Office/Department Corporate Services • Ministry for Home Affairs and National Security/Permanent Office/Department of Corporate Services • Ministry for Sustainable Development, the Environment Change/Permanent Secretary’s Office/Department of Corporate • Ministry for Competitiveness and Digital, Maritime and Services Permanent Secretary’s Office/Department of Corporate Services • Ministry for Health/Permanent Secretary’s Office/Department Services • Malta Standards Authority
• Broadcasting Authority • Centre for Development, Research and Training • Internal Audit and Investigations Directorate
• EuroMedITI Ltd Forces of Malta
Industrial Projects and Services Ltd Service Commission Government Printing Press
Electoral Office Mediterranean Academy for Diplomatic Studies International Institute on Ageing
Planning and Priorities Co-ordination Division and Programme Division Information Technology Agency (MITA)
Communications Authority Harbour Regeneration Corporation p.l.c. Government Technology Investments Limited (MGTIL)
Transport Malta Agency Regulator for Energy and Water Services
Building and Engineering Construction and Maintenance Affairs Department
Cleansing and Maintenance Department Building Construction Industry Department Financial Management Department
Design and Implementation Department Agriculture and Fisheries Regulation Department Strategy and Support Division
Services Division Building Industry Consultative Council Manufacturing and Services
Fisheries Control and Veterinary Services Exploration
WasteServ Malta Ltd. Development and Aquaculture European Union Programmes Agency
National Archives Department of Regulatory Compliance Directorate for EU and International Affairs • Examinations
• Foundation for Tomorrow’s Schools • Foundation for Educational Services • Fondazzjoni Patrimonju Malti
• Institute for Tourism Studies • Junior College • Jobsplus
• Malta College of Arts, Science and Technology • National Commission for Higher Education • Maltese National Commission for UNESCO
• SportMalta • Malta Libraries • Public Broadcasting Services Ltd.
• University of Malta • Lotteries and Gaming Authority • Malta Statistics Authority
• Malta Financial Services Authority • Malta Stock Exchange • Customs Department
• Contracts Department • Lotteries Department • Inland Revenue Department
• Treasury Department • Economic Policy Division • VAT Division
• Gozo Channel (Operations) Ltd. • Financial Intelligence Analysis Unit • Enemalta p.l.c.
• Water Services Corporation • Malta Air Traffic Services Ltd. (MATS) • Malta Enterprise
• INDIS Malta Ltd. • MGI/MIMCOL • Tax Compliance Unit
• Collective Bargaining Unit • Privatisation Unit • Capital Transfer Duty Government Department
Department Councils Agency for the Welfare of Asylum Seekers (AWAS)
Protection Registration Registry
Registry Correctional Services Elderly and Community Care
Occupational Health and Safety Authority National Blood Transfusion Centre Foundation for Medical Services
Dei Hospital Carmel Hospital
Zammit Clapp Hospital Tourism Authority Environment and Resources Authority
Planning Authority Mediterranean Conference Centre James Cavalier Creativity Centre
Hertitage Malta National Council for Culture and the Arts National Orchestra Ltd
Superintendence of Cultural Heritage Manoel Theatre
Appoġġ Attorney General Identity Malta
National Employment Authority Housing Authority Arbitration Centre
Foundation for Social Welfare Services Benefit Fraud and Investigations Judicial • Welfare Committee
• Data Protection Commission • Commission on Domestic Violence • Commission for the Promotion of Equality for Men and Women
• National Commission on the abuse of drugs, alcohol and other • National Commission for Persons with Disability • National Commission for the Family
• Malta Council for Economic and Social Development • Industrial and Employment Relations • Sapport
• Sedqa • Social Security • Social Welfare Standards
• Office of the Commissioner for Voluntary Organisations • Office of the Commissioner for Children • Medicines Authority
• Cooperatives Board • Consumer and Competitive Division • Commerce Division
• Malta National Laboratory • Notary to Government • Government Property Division
• Joint Office • Projects Malta Ltd • Central Procurement Supplies Unit
• Employment Commission • Aġenzija Żgħażagħ • National Literacy Agency
• Institute for Education • Infrastructure Malta Schedule 2 List of the Activities referred to in the definition of Execution of Works (Regulation 2) 1 NACE Rev CPV code CONSTRUCTION Group Class Subject Notes Construction This division includes: 45000000 construction of new buildings and works, restoring and common repairs. Site preparation 45100000 45.11 This class includes: 45110000 - demolition of buildings and other structures, - clearing of building sites, - earth moving: excavation, landfill, levelling and grading of construction sites, trench digging, rock removal, blasting, etc., - site preparation for mining, - overburden removal and other development and preparation of mineral properties and sites. This class also includes: - building site drainage, - drainage of agricultural or forestry land. 1 NACE Rev Section F CONSTRUCTION Division Group Class Subject Notes 45.12 Test drilling and This class includes: boring - test drilling, test boring and core sampling for construction, geophysical, geological or similar purposes. This class excludes: - drilling of production oil or gas wells, see 11.20, - water well drilling, see 45.25, - shaft sinking, see 45.25, - oil and gas field exploration, geophysical, geological and seismic surveying, see 74.20. 45.2 Building of complete constructions or parts thereof; civil engineering 1 NACE Rev CPV code CONSTRUCTION Group Class Subject Notes 45.21 General This class includes: 45210000 construction of - construction of Except: buildings and all types of buildings civil engineering -construction of civil works 45213316 engineering constructions, 45220000 - bridges, 45231000 including those for 45232000 elevated highways, viaducts, tunnels and subways, - long-distance pipelines, communication and power lines, - urban pipelines, urban communication and power lines, - ancillary urban works, - assembly and erection of prefabricated constructions on the site. This class excludes: - service activities incidental to oil and gas extraction, see 11.20, - erection of complete prefabricated constructions from self-manufactured parts not of concrete, see divisions 20, 26 and 28, - construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations, see 45.23, - building instal-lation, see 45.3, - building com-pletion, see 45.4, - architectural and engineering activities, see 74.20, - project manage-ment for construction, see 74.20. 1 NACE Rev Section F CONSTRUCTION Division Group Class Subject Notes 45.22 Erection of roof This class includes covering and frames - erection of roofs, - roof covering, - waterproofing. 45.23 Construction of This class includes: highways, roads, - construction of airfields and highways, streets, roads, sport facilities other vehicular an pedestrian ways,
- construction of railways,
- construction of airfield runways, - construction work, other than buildings, for stadiums, swimming pools, gymnasiums, tennis courts, golf courses and other sports installations, - painting of markings on road surfaces and car parks. This class excludes: - preliminary earth moving, see 45.11. 45.24 Construction of This class include water projects construction of: - waterways, harbour and river works, pleasure ports (marinas), locks, etc., - dams and dykes, - dredging, - subsurface work. 1 NACE Rev CPV code CONSTRUCTION Group Class Subject Notes 45.25 Other This class includes: 45250000 construction - construction 45262000 work involving activities specialising in special trades one aspect common to different kinds of structures, requiring specialised skill or equipment, - construction of foundations, including pile driving, - water well drilling and construction, shaft sinking, - erection of non-self-manufactured steel elements, - steel bending, - bricklaying and stone setting, - scaffolds and work platform erecting and dismantling, including renting of scaffolds and work platforms, - erection of chimneys and industrial ovens. This class excludes: - renting of scaffolds without erection and dismantling, see 71.32. Building 45300000 installation 1 NACE Rev Section F CONSTRUCTION Division Group Class Subject Notes 45.31 Installation of This class includes: electrical wiring installation in buildings or and fittings other constructio projects of:
- electrical wiring and fittings, - telecommunica-tions systems, - electrical heating systems, - residential antennas and aerials, - fire alarms, - burglar alarm systems, - lifts and escalators, - lightning conduc-tors, etc. 45.32 Insulation work This class includes: activities - installation buildings or other construction projects of thermal, sound or vibration insulation. This class excludes: - waterproofing, see 45.22. 45.33 Plumbing This class includes: - installation buildings or other construction projects of: - plumbing and sanitary equipment, - gas fittings, - heating, ventilation, refrigeration or air-conditioning equipment and ducts, - sprinkler systems. This class excludes: - installation of electrical heating systems, see 45.31. 1 NACE Rev CPV code CONSTRUCTION Group Class Subject Notes 45.34 Other building This class includes: 45234115 installation 45316000 - installation of 45340000 illumination and signalling systems for roads, railways, airports and harbours, - installation in buildings or other construction projects of fittings and fixtures n.e.c. Building 45400000 completion 45.41 Plastering This class includes: 45410000 - application in buildings or other construction projects of interior and exterior plaster or stucco, including related lathing materials. 45.42 Joinery This class includes: 45420000 installation - installation of not self-manufactured doors, windows, door and window frames, fitted kitchens, staircases, shop fittings and the like, of wood or other materials, - interior completion such as ceilings, wooden wall coverings, movable partitions, etc. This class excludes: - laying of parquet and other wood floor coverings, see 45.43. 1 NACE Rev Section F CONSTRUCTION Division Group Class Subject Notes 45.43 Floor and wall This class includes: covering - laying, tiling, hanging or fitting in buildings or other construction projects of: - ceramic, concrete or cut stone wall or floor tiles, - parquet and other wood floor coverings carpets and linoleum floor coverings, - including of rubber or plastic, - terrazzo, marble, granite or slate floor or wall coverings, - wallpaper. 45.44 Painting and This class includes: glazing - interior and exterior painting of buildings, - painting of civil engineering structures, - installation of glass, mirrors, etc. This class excludes: - installation of windows, see 45.42. 45.45 Other building This class includes: completion - installation of private swimming pools, - steam cleaning, sand blasting and similar activities for building exteriors, - other building completion and finishing work n.e.c. This class excludes: - interior cleaning of buildings and other structures, see 74.70. 45.5 Renting of construction or demolition equipment with operator 1 NACE Rev CPV code CONSTRUCTION Group Class Subject Notes 45.50 This class excludes: 45500000 - renting of construction or demolition machinery and equipment without operators, see 71.32.
Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical of economic activities in the European Community
Schedule 3 Values of thresholds
(Regulation 57)
of the thresholds applicable to Public Contracts is as follows net of Tax: for both works and service concession
Schedule 4 Activities exercised by Contracting Entities provisions of these regulations governing concessions awarded by contracting apply to the following activities: as gas and heat are concerned:
the provision or operation of fixed networks intended to provide a service to the public in connection with the production, transport or distribution of gas or heat; the supply of gas or heat to such fixed networks. The supply by a contracting entity, as defined under regulations 2(2)(b) and (c), of gas or heat to fixed networks which provide a service to the public shall not be considered to be a relevant activity within the meaning of paragraph 1 where all of the following conditions are met:
(i) the production of gas or heat by that contracting entity is the unavoidable consequence of carrying out an activity other than those referred to in this sub-paragraph or in paragraphs 2 and 3 of this Schedule;
(ii) the supply to the public network is aimed only at the economic exploitation of such production and amounts to not more than twenty per cent of that contracting entity’s turnover on the basis of the average for the preceding three years, including the current year. For the purposes of these regulations, ‘supply’ includes the generation/production, wholesale and retail sale of gas. However, production of gas in extraction falls within the scope of paragraph 4 of this Schedule.
Änderungsgeschichte
- Amended by L.N. 360 of 2024