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Traffic Regulation Ordinance (Cap. 65) Motor Vehicles (Driving Licences) (Amendment) Regulations, 2007 (L.N. 25 Of 2007 )

TRAFFIC REGULATION ORDINANCE (CAP. 65)
Motor Vehicles (Driving Licences) (Amendment) Regulations,
2007
IN exercise of the powers conferred by article 54 of the Traffic Regulation Ordinance, the Minister for Urban Development and Roads has, after consultation with the Malta Transport Authority, made the following regulations>-
1. (1) The title of these regulations is the Motor Vehicles (Driving Licences) (Amendment) Regulations, 2007, and shall be read and construed as one with the Motor Vehicles (Driving Licences) Regulations, 2002, hereinafter referred to as “the principal regulations”.
(2) These regulations shall be deemed to have come into force on the 2nd January, 2007.
2. Regulation 2 of the principal regulations shall be amended as follows>
(a) immediately after the definition “domestic driving permit” there shall be inserted the following new definition>
“driver” means a driver who is a national of Malta, or a national of another Member State or a national of a third country who is employed or used by an undertaking established in Malta<”< and
(b) immediately after the definition “test of continued ability and fitness to give instruction” there shall be inserted the following new definition>
“third country” means a country which is not a Member
State<”.
3. Parts IV to IX of the principal regulations shall be renumbered as Parts V to X respectively.
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Title.

L.N. 191 of 2002

.

Amends regulation

2 of the principal regulations.

Renumbers Parts IV

to IX of the principal regulations.

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Renumbers regulations 27 to 76 of the principal regulations.

Adds new Part IV to the principal regulations.

Certificate of professional competence certifying an initial qualification.

4. Regulations 27 to 76 of the principal regulations shall be renumbered as regulations 33 to 82 respectively.
5. Immediately before Part V, as renumbered, of the principal regulations there shall be added the following new Part IV>
“PART IV
CERTIFICATE OF PROFESSIONAL COMPETENCE
27. (1) With effect from the 10th September, 2008, no person, who obtains a licence to drive a vehicle in licence categories D1, D1+E, D, D+E or f, shall drive a vehicle in any of the said licence categories unless that person is also in possession of a certificate of professional competence certifying an initial qualification, issued in accordance with regulation 29 or unless that person is an exempt driver in accordance with regulation 28>
Provided that drivers who, at the time of obtaining the licence to drive a vehicle in licence categories D1, D1+E, D, D+E or f, are undergoing a national vocational training course lasting between six months and three years may be allowed to drive such vehicles before obtaining their certificate of professional competence certifying an initial qualification >
Provided further that drivers who on the 9th September, 2008 already hold a licence to drive a vehicle in licence categories D1, D1+E, D, D+E or f, shall be exempt from the requirement of the certificate of professional competence until the 9th September, 2013.
(2) With effect from the 10th September, 2009, no person, who obtains a licence to drive a vehicle in licence categories C1, C1+E, C or C+E, shall drive a vehicle in any of the said licence categories unless that person is also in possession of a certificate of professional competence certifying an initial qualification, issued in accordance with regulation 29 or unless he or she is an exempt driver in accordance with regulation 28>
Provided that drivers who, at the time of obtaining the licence to drive a vehicle in licence categories C1, C1+E, C or C+E, are undergoing a national vocational training course lasting between six
months and three years may be allowed to drive such vehicles before obtaining their certificate of professional competence certifying an initial qualification >
Provided further that drivers who on the 9th September, 2009 already hold a licence to drive a vehicle in licence categories C1, C1+E, C or C+E, shall be exempt from the requirement of the certificate of professional competence until the 9th September, 2014.
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of>
28. The provisions of regulation 27 shall not apply to the drivers

Exempt drivers.

(a) vehicles with a maximum authorised speed not exceeding 45 kilometres per hour<
(b) vehicles used by, or under the control of, the armed forces, civil defence, the fire and rescue service and forces responsible for maintaining public order<
(c) vehicles undergoing road tests for technical development, repair or maintenance purposes, or of new or rebuilt vehicles which have not yet been put into service<
(d) vehicles used in states of emergency or assigned to rescue missions<
(e) vehicles used for non-commercial carriage of passengers or goods, for personal use< and
(f) vehicles carrying material or equipment to be used by the driver in the course of his or her work, provided that driving the vehicle is not the driver’s principal activity.
29. (1) Drivers shall only qualify for the certificate of professional competence certifying an initial qualification following the undertaking of theoretical and practical tests held by the competent authority or by a body so designated by the competent authority, in accordance with sub-section 2.2 of Section 2 of the Thirteenth Schedule to these regulations.
(2) Upon the successful completion of the said tests, drivers taking the qualification tests as provided for in sub-regulation (1) shall

Qualifying for a certificate of professional competence certifying an initial qualification.

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Compulsory periodic training.

be issued with a certificate of professional competence certifying an initial qualification.
(3) The said certificate of professional competence certifying an initial qualification shall be issued by the competent authority or by the body designated by it and shall be valid for five years.
(4) Drivers undertaking carriage of passengers who hold a certificate of professional competence, certifying an initial qualification, for one of the categories provided for in sub-regulation (1) of regulation
27 shall be exempt from obtaining such a certificate for any other of the categories of vehicles referred to in that sub-regulation.
(5) Drivers undertaking carriage of goods who hold a certificate of professional competence, certifying an initial qualification, for one of the categories provided for in sub-regulation (2) of regulation
27 shall be exempt from obtaining such a certificate for any other of the categories of vehicles referred to in that sub-regulation.
(6) Drivers undertaking the carriage of goods who broaden or modify their activities in order to carry passengers, and drivers undertaking the carriage of passengers who broaden or modify their activities in order to carry goods, and who hold a certificate of professional competence, shall not be required to repeat the common parts of the initial qualification, but rather only the parts specific to the new qualification.
30. (1) Drivers who obtain a driving licence and a certificate of professional competence certifying an initial qualification -
(a) on the 10th September, 2008, or thereafter, to drive a vehicle in licence categories D1, D1+E, D, D+E or f, or
(b) on the 10th September, 2009, or thereafter, to drive a vehicle in licence C1, C1+E, C or C+E,
shall, within five years from acquiring their certificate of professional competence, certifying an initial qualification, and every five years thereafter, follow a compulsory periodic training course of a duration of 35 hours, given in periods of at least seven hours, and based on the
training requirements as provided for in Section 1 of the Thirteenth
Schedule to these regulations. (2) Drivers who –
(a) on the 9th September, 2008 already hold a D1, D1+E, D, D+E or f licence, or
(b) on the 9th September, 2009 already hold a C1, C1+E, C
or C+E licence,
shall, within five years from the said dates and every five years thereafter, follow a compulsory periodic training course of a duration of 35 hours, given in periods of at least seven hours, and based on the training requirements as provided for in Section 1 of the Thirteenth Schedule to these regulations.
(3) The periodic training courses mentioned in the preceding sub-regulations shall be organised by a training centre approved by the competent authority in accordance with Section 5 of the Thirteenth Schedule to these regulations.
(4) If a driver moves from one undertaking to another undertaking, the periodic training already undergone shall be taken into account.
(5) When a driver completes the periodic training, the competent authority or the approved training centre shall issue to the said driver a certificate of professional competence certifying the periodic training.
(6) A driver who has completed a first course of periodic training shall undergo periodic training every five years, before the end of the period of validity of the certificate of professional competence certifying periodic training.
(7) Drivers who have completed a course of periodic training for one of the licence categories D1, D1+E, D, D+E or f shall be exempt from the obligation to undergo further periodic training for another of those categories.
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Place of training.

Code indicating professional competence.

L.N. 146 of 2003

.

(8) Drivers who have completed a course of periodic training for one of the licence categories C1, C1+E, C or C+E shall be exempt from the obligation to undergo further periodic training for another of those categories.
(9) Holders of a certificate of professional competence certifying an initial qualification and holders of a certificate of professional competence certifying periodic training who cease pursuit of the occupation and do not meet the requirements of sub-regulations
1, 2 and 6 of this regulation, shall undergo a course of periodic training before resuming pursuit of the occupation.
31. (1) A driver who is a national of Malta or of another Member State but having his normal residence in Malta, and a driver from third a country who is employed or used by an undertaking established in Malta shall obtain the certificate of professional competence certifying initial qualification, in Malta.
(2) A driver who is a national of Malta or of another Member State but having his normal residence in Malta, and a driver from a third country who is employed or used by an undertaking established in Malta shall undergo their periodic training, referred to in regulation 30, in Malta.
32. The code, provided for in the Seventh Schedule to these regulations, indicating that a driver is the holder of the certificate of professional competence, shall be marked on the driver’s driving licence>
Provided that where the driver is a national of a third country who is employed or used by an undertaking established in Malta to drive vehicles used for the carriage of goods, the said code may be marked on the driver’s attestation issued by the Authority in accordance with the Motor Vehicles (Carriage of Goods by Road) Regulations, 2003>
Provided further that where the driver is a national of a third country who is employed or used by an undertaking established in Malta to drive vehicles used for the carriage of passengers, the said code may be marked on the driver’s national certificate where the certificate’s validity is recognised by Malta.”.
6. In sub-regulation (3) of regulation 40, as renumbered, of the principal regulations, for the words “established in article 25” there shall be substituted the words “established in article 62”.
7. For regulation 44, as renumbered, of the principal regulations there shall be substituted the following>
“44. (1) Full driving licences obtained or renewed under these regulations may be issued, against payment of the relevant fee as provided for in the Ninth Schedule, for a maximum period of 10 years, except that if the licence holder is 70 years or over, the licence shall become renewable every five years.
(2) A driving licence which is replaced shall be issued with an expiry date that is the same as the expiry date of the licence being replaced.
(3) The period of validity of a diving licence shall not be affected by the holder obtaining a driving licence of any other class or type.
(4) Where a person does not renew his driving licence within 12 months from the expiry date of the said licence, that person shall only be entitled to obtain his or her driving licence once that person pays the arrears due.
(5) Where a person does not renew his driving licence after 12 months from the expiry date of the said licence, that person shall only be entitled to obtain his or her driving licence once that person pays the arrears due and a late renewal fee of Lm5.”.
8. For regulation 45, as renumbered, of the principal regulations, there shall be substituted the following>
“45. A driving licence shall not be granted or renewed unless, at the age of seventy years and every five years thereafter, a person produces a medical certificate of physical fitness on application.”.
9. For regulation 51, as renumbered, of the principal regulations there shall be substituted the following>
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Amends regulation

40, as renumbered, of the principal regulations.

Amends regulation

44, as renumbered, of the principal regulations.

Substitutes regulation 45, as renumbered, of the principal regulations.

Amends regulation

51, as renumbered, of the principal regulations.

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“Licence

Fees.

51. The licence fees and administrative fees for the various licences issued and tests carried out under these regulations shall be those prescribed in the Ninth Schedule to these regulations.”.

Amends regulation

64, as renumbered, of the principal regulations.

Amends regulation

65, as renumbered, of the principal regulations.

Amends regulation

67, as renumbered, of the principal regulations.

Amends regulation

70, as renumbered, of the principal regulations.

Amends regulation

74, as renumbered, of the principal regulations.

Amends regulation

82, as renumbered, of the principal regulations

10. In regulation 64, as renumbered, of the principal regulations, for the words “regulation 57” there shall be substituted the words “regulation 63”.
11. Sub-regulation (1) of regulation 65, as renumbered, of the principal regulations shall be amended as follows>
(a) in paragraph (a) for the words “regulation 58” there shall be substituted the words “regulation 64”<
(b) in paragraph (b) for the words “regulation 64” there shall be substituted the words “regulation 70”< and
(c) in paragraph (c) for the words “regulation 57” there shall be substituted the words “regulation 63”.
12. In sub-regulation (3) of regulation 67, as renumbered, of the principal regulations, for the words “regulation 62” there shall be substituted the words “regulation 68”.
13. In sub-regulation (4) of regulation 70, as renumbered, of the principal regulations, for the words “in the Police Licences Regulations” there shall be substituted the words “in the Ninth Schedule to these regulations”.
14. In regulation 74, as renumbered, of the principal regulations, for the words “regulation 67” there shall be substituted the words “regulation 73”.
15. Regulation 82, as renumbered, of the principal regulations shall be amended as follows>
(a) in sub-regulation (1), for the words “regulation 57” there shall be substituted the words “regulation 63”< and
(b) in sub-regulation (2), for the words “regulations 67 and
68” there shall be substituted the words “regulations 73 and 74” and for the words “regulation 67” there shall be substituted the words “regulation 73”.
16. For the letter “A” under the third category in the First Schedule to the principal regulations, there shall be substituted the letters “A +”.
17. For the Third Schedule to the principal regulations there shall be substituted the following>
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Amends the First Schedule to the principal regulations

Substitutes the Third Schedule to the principal regulations.

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“THIRD SCHEDULE (Regulation 26)

Minimum technical requirements for vehicles used in the Tests of Skills and Behaviour

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Testing vehicles for categories B + E, C, C + E, C1, C1 + E, D, D + E, D1 and D1 + E which not in conformity with the minimum criteria given above but which are in use on or before the date on which these regulations enter into force, may still be used until the 31st December 2010.”.

(a) for the words “(Regulation 34)” there shall be substituted the words “(Regulation 40)”< and

(b) for the driving offences codes under the sub-title

Amends the Sixth Schedule to the principal regulations.

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“Traffic Direction and Signs” there shall be substituted the following>

(a) for the words “(Regulation 41)” there shall be substituted the words “(Regulations 32 and 47)”<

(b) in Section A, immediately after the words starting with code number “79” and ending with the word “usable”, there shall be inserted the following>

Amends the Seventh Schedule to the principal regulations.

“PROFESSIONAL COMPETENCE

95 Driver holding a Certificate of Professional Competence complying with the obligation of professional competence referred to in Regulations 27 and 30 of these regulations until….(e.g.

01.01.2012)”< and

(c) in Section B, immediately after the words starting with code number “110” and ending with the word “charge”, there shall be inserted the following>

“333 Probationary driving licence for first time licensees only”.”

Amends the Eighth Schedule to the principal regulations.

Substitutes the Ninth Schedule to the principal regulations.

“NINTH SCHEDULE (Regulations 37 and 51)

Driving licences fees* and administrative charges

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Amends the Tenth Schedule to the principal regulations.

Amends the Eleventh Schedule to the principal regulations.

Amends the Twelfth Schedule to the principal regulations.

Adds new Thirteenth Schedule to the principal regulations.

“THIRTEENTH SCHEDULE (Regulations 78 and 79)

Minimum qualification and training requirements

The knowledge to be taken into account when establishing the driver’s initial qualification and periodic training must include at least the

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subjects in this list. Trainee drivers must reach the level of knowledge and practical competence necessary to drive in all safety vehicles of the relevant licence category.

The minimum level of knowledge may not be less than level 2 of the training-level structure provided for in Annex I to Decision 85/368/EEC on the comparability of vocational training qualifications between the Member States of the European Community, i.e. the level reached during compulsory education, supplemented by professional training.

1. Advanced training in rational driving based on safety regulations

All licences

1.1. Objective: to know the characteristics of the transmission system in order to make the best possible use of it:

curves relating to torque, power, and specific consumption of an engine, area of optimum use of revolution counter, gearbox-ratio cover diagrams.

1.2. Objective: to know the technical characteristics and operation of the safety controls in order to control the vehicle, minimise wear and tear and prevent disfunctioning:

specific features of hydraulic vacuum servobrake circuit, limits to the use of brakes and retarder, combined use of brakes and retarder, making better use of speed and gear ratio, making use of vehicle inertia, using ways of slowing down and braking on downhill stretches, action in the event of failure.

1.3. Objective: ability to optimise fuel consumption:

optimisation of fuel consumption by applying know-how as regards points 1.1 and 1.2.

Licences C, C+E, C1, C1+E

1.4. Objective: ability to load the vehicle with due regard for safety rules and proper vehicle use:

forces affecting vehicles in motion, use of gearbox ratios according to vehicle load and road profile, calculation of payload of vehicle or assembly, calculation of total volume, load distribution, consequences of overloading the axle, vehicle stability and centre of gravity, types of packaging and pallets;

main categories of goods needing securing, clamping and securing techniques, use of securing straps, checking of securing devices, use of handling equipment, placing and removal of tarpaulins.

Licences D, D+E, D1, D1+E, f

1.5. Objective: ability to ensure passenger comfort and safety:

adjusting longitudinal and sideways movements, road sharing, position on the road, smooth breaking, overhang operation, using specific infrastructures (public areas, dedicated lanes), managing conflicts between safe driving and other roles as a driver, interacting with passengers, peculiarities of certain groups of passengers (disabled persons, children).

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1.6. Objective: ability to load the vehicle with due regard for safety rules and proper vehicle use:

forces affecting vehicles in motion, use of gearbox-ratios according to vehicle load and road profile, calculation of payload of vehicle or assembly, load distribution, consequences of overloading the axle, vehicle stability and centre of gravity.

2. Application of regulations

All licences

2.1. Objective: to know the social environment of road transport and the rules governing it:

maximum working periods specific to the transport industry;

principles, application and consequences of Regulations (EEC) No

3820/85 and (EEC) No 3821/85; penalties for failure to use, improper use of and tampering with the tachograph; knowledge of the social environment of road transport: rights and duties of drivers as regards initial qualification and periodic training.

Licences C, C+E, C1, C1+E

2.2. Objective: to know the regulations governing the carriage of goods:

transport operating licences, obligations under standard contracts for the carriage of goods, drafting of documents which form the transport contract, international transport permits, obligations under the Convention on the Contract for the International Carriage of Goods by Road, drafting of the international consignment note, crossing borders, freight forwarders, special documents accompanying goods.

Licences D, D+E, D1, D1+E, f

2.3. Objective: to know the regulations governing the carriage of passengers:

carriage of specific groups of passengers, safety equipment on board buses, safety belts, vehicle load.

3. Health, road and environmental safety, service, logistics

All licences

3.1. Objective: to make drivers aware of the risks of the road and of accidents at work:

types of accidents at work in the transport sector, road accident statistics, involvement of lorries/coaches, human, material and financial consequences.

3.2. Objective: ability to prevent criminality and trafficking in illegal immigrants:

general information, implications for drivers, preventive measures, check list, legislation on transport operator liability.

3.3. Objective: ability to prevent physical risks:

ergonomic principles; movements and postures which pose a risk, physical fitness, handling exercises, personal protection.

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3.4. Objective: awareness of the importance of physical and mental ability:

principles of healthy, balanced eating, effects of alcohol, drugs or any other substance likely to affect behaviour, symptoms, causes, effects of fatigue and stress, fundamental role of the basic work/rest cycle.

3.5. Objective: ability to assess emergency situations:

behaviour in an emergency situation: assessment of the situation, avoiding complications of an accident, summoning assistance, assisting casualties and giving first aid, reaction in the event of fire, evacuation of occupants of a lorry/bus passengers, ensuring the safety of all passengers, reaction in the event of aggression; basic principles for the drafting of an accident report.

3.6. Objective: ability to adopt behaviour to help enhance the image of the company:

behaviour of the driver and company image: importance for the company of the standard of service provided by the driver, the roles of the driver, people with whom the driver will be dealing, vehicle maintenance, work organisation, commercial and financial effects of a dispute.

Licences C, C+E, C1, C1+E

3.7. Objective: to know the economic environment of road haulage and the organisation of the market:

road transport in relation to other modes of transport (competition, shippers), different road transport activities (transport for hire or reward, own account, auxiliary transport activities), organisation of the main types of transport company and auxiliary transport activities, different transport specialisations (road tanker, controlled temperature, etc.), changes in the industry (diversification of services provided, rail-road, subcontracting, etc.).

Licences D, D+E, D1, D1+E, f

3.8. Objective: to know the economic environment of the carriage of passengers by road and the organisation of the market:

carriage of passengers by road in relation to other modes of passenger transport (rail, private car), different activities involving the carriage of passengers by road, crossing borders (international transport), organisation of the main types of companies for the carriage of passengers by road.

The Authority or an entity designated by it shall organise the following theoretical and practical tests to check whether the trainee driver has the level of knowledge required in section 1 for the subjects and objectives listed there.

(a) The theoretical test shall consist of at least two parts:

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(i) questions including multiple-choice questions, questions requiring a direct answer, or a combination of both;

(ii) case studies.

The minimum duration of the theoretical test must be four hours. (b) The practical test shall consist of two parts:

(i) a driving test aimed at assessing training in rational driving based on safety regulations. The test must take place, whenever possible, on roads outside built-up areas, on fast roads and on motorways (or similar), and on all kinds of urban highways presenting the different types of difficulties that a driver is liable to encounter. It would be desirable for this test to take place in different traffic density conditions. The driving time on the road must be used optimally in order to assess the candidate in all traffic areas likely to be encountered. The minimum duration of this test must be 90 minutes;

(ii) a practical test covering at least points 1.4, 1.5, 1.6, 3.2, 3.3 and

3.5.

The minimum duration of this test must be 30 minutes.

The vehicle used for the practical test must meet at least the requirements for test vehicles as defined in the Third Schedule to these regulations.

The practical test may be supplemented by a third test taking place on special terrain or on a top-of-the-range simulator so as to assess training in rational driving based on safety regulations, in particular with regard to vehicle handling in different road conditions and the way they change with different atmospheric conditions and the time of day or night.

The duration of this optional test is not fixed. Should the driver undergo such a test, its duration may be deducted from the 90 minutes of the driving test referred to under (i), but the time deducted may not exceed

30 minutes.

For new drivers, the theoretical test must be limited to the subjects, referred to in section 1, which are relevant to the vehicles to which the new initial qualification applies. However, such drivers must undergo the whole practical test.

Compulsory periodic training courses must be organised by an approved training centre. Their duration must be of 35 hours every five years, given in periods of at least seven hours. Such periodic training may be provided, in part, on top-of-the-range simulators.

4.1. The training centres taking part in the initial qualification and periodic training must be approved by the competent authority. Approval may be given only in response to a written application. The application must be accompanied by documents including:

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4.1.1. a suitable qualification and training programme specifying the subjects taught and setting out the proposed implementing plan and teaching methods;

4.1.2. the instructors’ qualifications and fields of activity;

4.1.3. information about the premises where the courses are given, the teaching materials, the resources made available for the practical work, and the vehicle fleet used;

4.1.4. the conditions regarding participation in the courses (number of participants).

4.2. The competent authority must give approval in writing subject to the following conditions:

4.2.1. the training must be given in accordance with the documents accompanying the application;

4.2.2. the competent authority must be entitled to send authorised persons to assist in the training courses of the approved centres, and must be entitled to monitor such centres, with regard to the resources used and the proper running of the training courses and tests;

4.2.3. the approval may be withdrawn or suspended if the conditions of approval are no longer complied with.

The approved centre must guarantee that the instructors have a sound knowledge of the most recent regulations and training requirements. As part of a specific selection procedure, the instructors must provide certification showing a knowledge of both the subject material and teaching methods. As regards the practical part of the training, instructors must provide certification of experience as professional drivers or similar driving experience, such as that of driving instructors for heavy vehicles.

The programme of instruction must be in accordance with the approval and must cover the subjects in the list in section 1.”.

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

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