Cap. 330 Art. 13Officers and employees of the Authority.

(1) The Authority may appoint Deputy Chief

Executive Officers, Chief Officers, Heads, Deputy Heads and such other officers and employees as it may consider necessary for the efficient discharge of its functions, powers and duties under this Act or any other law. The selection and appointment of the Deputy Chief

Executive Officers shall be made by the Chief Executive Officer in consultation with the Board of Governors. The other officers and employees of the Authority shall be selected and appointed by the

Chief Executive Officer according to the procedures and on such terms and conditions as the Board of Governors may establish: Provided that the officers and employees of the Authority shall be appointed on the basis of published criteria that are objective and transparent and shall, at all times, be persons of integrity and good conduct.

(2) The Authority shall put in place policies, rules, prohibitions and arrangements to prevent conflicts of interest of members of staff in accordance with Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC. Such policies, rules, prohibitions and arrangements shall as a minimum apply to conflicts that may arise through:

(a) trading in certain financial instruments; and

(b) being employed by, or accepting any kind of contract for the provision of professional services during an established period of time with such entities as shall be identified in policies, rules, prohibitions and arrangements put in place by the Authority.

(3) The policies, rules, prohibitions and arrangements put in place by the Authority:

(a) shall be proportionate to the role and responsibilities of the members of staff and shall apply in such circumstances, provide for such terms and conditions, and apply for such period of time as may be reasonably necessary to prevent conflict of interest by employees and former employees;

(b) shall require members of staff to provide the Authority with a declaration of interest on any of their financial holdings that may raise conflict of interest concerns and to dispose thereof or otherwise, as may be prescribed;

(c) may provide for exceptions, exemptions, derogations and compensation as may be allowed under the Directive mentioned in sub-article (2);

(d) shall not constitute a breach of workers’ rights as established in Maltese law or a breach of any fundamental right recognised in the Constitution of Malta or the Charter of Fundamental Rights of the European Union; and

(e) shall not unduly restrict the ability of the Authority to exercise its supervisory functions.

(4) For the purposes of the Criminal Code and of any provision of a criminal nature in any other law, the members of the Authority, and every officer or employee thereof, shall be deemed to be public officers.