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Maltese Laws |
AN ACT to repeal the Radiocommunications Act and to amend various laws relating to communications and to make provision with respect to matters ancillary thereto or connected therewith.
BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:
Laws (Amendment) Act, 2010.
(2) This Act shall come into force on such date as the Minister responsible for communications may by notice in the Gazette
appoint, and different dates may be so appointed for different provisions and different purposes of this Act.
legislation made under any of the provisions of the
Short title and commencement.
Repeal of the Radiocommunications Act.
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Cap. 49.
Cap. 399. Licences and
authorisations under the Radiocommunications Act.
Regulatory action under the Radiocommunications Act.
Amendment of the Electronic Communications (Regulation) Act.
Cap. 399.
Radiocommunications Act, shall, until other provision is made under or by virtue of any Act, continue in force and have effect as
if they were made under Part IV of the Electronic Communications (Regulation) Act.
(2) Any licence or authorisation however so described issued or applicable under the Radiocommunications Act before the coming into
force of this article, shall continue to have effect in accordance with the applicable provisions of Part IV of the Electronic Communications
(Regulation) Act:
Provided that any fees however so described due in respect of any licence or authorisation issued in accordance with the Radiocommunications
Act before the coming into force of this article, shall after the coming into force of this article, remain recoverable
as though they were due in accordance with the applicable provisions of Part IV of the Electronic Communications (Regulation) Act.
(3) Notwithstanding the other provisions of this article, the Radiocommunications Act shall remain in force for the purpose of
any proceedings taken or still to be taken in respect of any breach of the said Act or of any regulations made thereunder at the
time of the coming into force of this article.
(4) This Part shall come into force on such date as the Minister responsible for communications may by notice in the Gazette appoint.
(2) This Part shall come into force on such date as the Minister responsible for communications may by notice in the Gazette appoint and different dates may be so appointed for different provisions and different purposes thereof.
(2) Immediately after article 27 of the principal Act, there shall be added the following new Part IV:
A 883
Deletion of article 10 of the principal Act.
Renumbering of Parts IV, V, VI and VII and addition of a new Part IV to the principal Act.
Interpretation.
28. (1) In this Part unless the context otherwise requires:
“apparatus” means any apparatus, including any equipment or machinery however so described, intended for radiocommunications
and includes any component part of any such apparatus;
“authorisation” includes an individual authorisation or licence however so described issued under this Part, or any general authorisation
however so described applicable to any radiocommunications apparatus as may be provided by or under this Part;
“broadcast receiving apparatus” means any apparatus used or capable of being used for the reception of sound or visual image or
of sound and visual image transmissions intended for direct reception by the general public;
“general authorisation” means the framework established by or under this Part laying down the rights and obligations of persons
making use of any such radiocommunications apparatus as the Minister may from time to time in accordance with the provisions
of this Part designate by order in the Gazette as being covered by a general authorisation;
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“Part” means this Part of the Act and includes any regulations made thereunder unless the context otherwise requires;
“radiocommunications” means the emitting or receiving, over paths which are not provided by any material substance constructed
or arranged for that purpose, of electro-magnetic energy which serves for the conveying of messages, sound or visual images (whether
the messages, sound or images are actually received by any person or not), or is used in connection with the determination of position,
bearing or distance, or for the gaining of information as to the presence, absence, position or motion, of any object or of any objects
of any class and references to apparatus or installations for radiocommunications however so described shall be construed as references
to apparatus or installations for the emitting or receiving of such electro-magnetic energy as aforesaid:
Provided that where any apparatus is electrically coupled with any installation originating, transmitting or relaying
visual images for the purpose of enabling any person to receive any of the said visual images (whether or not such installation
is an installation for radiocommunications) the apparatus so coupled shall itself be deemed for the purpose of this Part to be an
apparatus for radiocommunications;
“radiocommunications individual licence” means an individual licence given in accordance with article 30 or article 32 as the
case may be.
(2) For the purpose of this Part any apparatus ordinarily used as a distinctive component part of an apparatus
for radiocommunications shall be deemed to be intended to be so used, unless the contrary is proved.
Delegation of powers under this Part.
29. (1) The Minister may by order in the Gazette delegate any of his powers or functions under this Part other than the power to make regulations to the Authority or to any other body established by law or to
Radiocom- munications apparatus authorisations by the Minister.
a Government agency, and in making such a delegation the Minister may delegate different powers and, or functions to different bodies
as stated above:
Provided that in delegating any such powers and, or functions the Minister may specify the purpose and limits, if any, of such delegation.
(2) The Authority may issue any general authorisations relating to any radiocommunications apparatus as the Minister may from time
to time by order in the Gazette determine as being covered by any such general authorisations:
Provided that any fees that may be payable in relation to any such general authorisations shall be established by the Minister:
Provided further that the faculty to issue a general authorisation shall include the faculty to amend the rights, conditions and specifications
stated in any such general authorisations.
(3) In issuing or amending a general authorisation the Authority shall first publish on its website and, or any other means of communication
a statement of the proposed general authorisation or of any amendments thereto, giving any interested parties the opportunity to
comment on the proposed general authorisation or amendments thereto within a period the Authority considers reasonable.
(4) The Authority shall ensure that any general authorisations or amendments thereto are given publicity.
(5) The Minister shall be entitled to revoke or vary any designation made in terms of subarticle (1) and or any designation made
in terms of subarticle (2) by order in the Gazette.
30. (1) No person shall, without a radiocommunications individual licence given in writing by the Minister install or use
any apparatus listed in the Schedule to this Act:
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Provided that the Minister may, after consultation with the Authority, by order in the Gazette amend the list of apparata in the Schedule.
who –
(2) The Minister may require any person
(a) is using any apparatus to which this article applies in breach of any of the provisions of this Part and, or of any authorisation
conditions as may be applicable to that apparatus, or
(b) is using or allowing such apparatus to be used for unauthorised frequencies,
to desist from the use of any such apparatus and, or require such a person to deliver the apparatus to the Minister:
Provided that the Minister may seize and, or retain any such apparatus and, or cause the use of any such apparatus to be restricted
in any manner, under such conditions and for such period of time as the Minister may specify where it results to the Minister that
such apparatus is being used in breach of this Part or of any authorisation conditions that may apply in relation to the said apparatus:
Provided further that any expenses incurred by the Minister in the exercise of his functions under this subarticle including
in the seizure, retention, or storage however so described of the said apparatus, shall be recoverable as a civil debt by
the Minister from any person acting in breach of this article.
(3) A radiocommunications individual licence granted under this article may be issued subject to such terms, conditions and limitations
as the Minister may think fit, including in particular limitations as to the apparatus which may be installed or used under such
individual licence and the places where, the purposes for which, the circumstances in which and the persons by whom the apparatus
may be used:
Provided that any such licence may be revoked, or
Enforcement.
the terms, conditions or limitations thereof varied by a notice in writing of the Minister served on the holder of the individual
licence or by a general notice, applicable to individual licences of the class to which the individual licence in question belongs,
published in the Gazette.
(4) A radiocommunications individual licence granted under this article shall, unless previously revoked by the Minister,
continue in force for such period as may be specified in the licence.
(5) Any person who contravenes the provisions of this article or who acts in breach of any terms, conditions or limitations, however
so described, attached to an individual licence issued in accordance with this article shall be liable on conviction to a fine (multa) of not less than three hundred euro (€300) and not more than ten thousand euro (€10,000) in respect of each apparatus; and
upon the demand of the prosecution the Court may order the apparatus to be forfeited and delivered to the Minister.
31. (1) Any person duly authorised by the Minister to act on his behalf when exercising a power under this Part, shall,
if requested by any person thereby affected, produce to that person for inspection a certificate issued by the Minister stating
that he is duly authorised to act for and on behalf of the Minister.
(2) In the course of the exercise of any of the powers under this Part the Minister may request the assistance of the Police.
(3) The directors and managers, by whatever name designated, or any other persons who are or have been in charge of
the operations or activities falling under the supervisory or regulatory functions of the Minister, shall assist and shall
collaborate with the Minister in order to enable him to discharge his functions, and shall collate and transmit without any undue
delay such information and documentation as the Minister may reasonably request from time to time.
(4) Any person who obstructs, impedes or assaults any person duly authorised by the Minister to
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act on his behalf in the exercise of any power under this Part, or fails or refuses to comply with a requirement under this Part shall,
on conviction, be liable to a fine (multa) of not of less than four hundred euro (€400) and not more than twelve thousand euro (€12,000).
Radiocom- munications apparatus authorisations
by the Authority.
32. (1) The provisions of this article shall apply to all apparata other than those to which article 30 applies.
(2) No person shall, without a radiocommunications individual licence given in writing by the Authority, install or use an
apparatus.
who –
(3) The Authority may require any person
(a) is using an apparatus in breach of any of the provisions of this Part and, or of any authorisation conditions as
may be applicable to that apparatus, or
(b) is using or allowing such apparatus to be used for unauthorised frequencies,
to desist from the use of any such apparatus and, or require such a person to deliver the apparatus to the Authority:
Provided that the Authority may seize and, or retain any such apparatus and, or cause the use of any such apparatus to be restricted
in any manner, under such conditions and for such period of time as the Authority may specify where it results to the Authority that
such apparatus is being used in breach of this Part or of any authorisation conditions that may apply in relation to the said apparatus:
Provided further that any expenses incurred by the Authority in the exercise of its functions under this subarticle including
in the seizure, retention, or storage however so described of the said apparatus, shall be recoverable as a civil debt by
the Authority from any person acting in breach of this article.
Penalties.
Sound only broadcast receivers.
Minister may
(4) A radiocommunications individual licence granted under this article may be issued subject to such terms, conditions and limitations
as the Authority may think fit, including in particular limitations as to the apparatus which may be installed or used under such
individual licence and the places where, the purposes for which, the circumstances in which and the persons by whom the apparatus
may be used:
Provided that any such licence may be revoked, or the terms, conditions or limitations thereof varied by a notice in writing of the
Authority served on the holder of the individual licence or by a general notice, applicable to individual licences of the class to
which the individual licence in question belongs, published in the Gazette.
(5) A radiocommunications individual licence shall, unless previously revoked by the Authority continue in force for such period
as may be specified in the licence.
(6) The provisions of subarticle (2) shall not apply in relation to any apparatus regulated by a general authorisation issued in
accordance with the provisions of this Part.
33. Unless otherwise provided in this Part, any person who contravenes any of the provisions of this Part, or of any regulations
made thereunder, or who acts in breach of any terms, conditions or limitations, however so described, attached to an
individual licence or to a general authorisation, shall be liable on conviction to a fine (multa) of not less than three hundred euro (€300) and not more than ten thousand euro (€10,000) in respect of each apparatus: and
upon the demand of the prosecution the Court may order the apparatus to be forfeited and delivered to the Authority as the case may
be.
34. No authorisation is required for sound only broadcast receivers.
35. The Minister may, after consultation with
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exempt certain the Authority, by Order in the Gazette exempt certain
from
categories of apparatus from the requirements of article
requirements of
article 32.
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Power to make regulations.
Cap. 234.
36. The Minister may make regulations for the better carrying out of any of the provisions of this Part and without prejudice to
the generality of the aforesaid power, such regulations may in particular provide:
(a) for the manner in which radiocommunications apparatus however so described is to be installed, sold, hired, operated,
maintained, protected or controlled, and in the case of any apparatus seized in accordance with articles
30 or 32, the manner as to the disposal and, or storage of any such apparatus;
(b) for the technical standards or specifications to be observed with respect to any radiocommunications apparatus;
(c) for any aspect relating to the use of radiocommunications by merchant ships, foreign warships and service aircraft
including requirements on the carriage and provision of radiocommunications installations, the maintenance of a radiocommunications
service sufficient to comply with the purposes of this Part and with the provisions of the Merchant Shipping Act or with any regulations
made thereunder, the form, substance or duration of any licence to keep and use radiocommunications installations, the nature of
the radiocommunications installations to be provided, the services to be maintained, and in the case of merchant ships the number,
grade and qualifications of the operators and watchers to be carried and providing for the examination of operators and watchers
in cases where necessary and for fees payable in respect of such examination, the conditions for the issue or recognition of certificates
for operators and watchers and the conditions for the replacement, suspension, cancellation, and alteration of certificates for operators
and watchers:
Provided that no ship shall be required to carry more than one operator unless more than one operator would have been
required under the provisions of the Merchant Shipping Act:
Cap. 418.
Provided further that the Minister may exempt, in whole or in part, from the obligations imposed by or under this Part any
ships or classes of ships if he is of the opinion that, having regard to the nature of the voyages on which the ships are engaged,
or other circumstances of the case, it is appropriate to do so;
(d) that any person who contravenes any provision of any regulations made under this article shall either -
(i) be guilty of an offence punishable on conviction of a fine (multa) not exceeding ten thousand euro (€10,000), or
(ii) be guilty of an infringement punishable as an administrative fine provided that such fines do not exceed twenty five
thousand euro (€25,000) for each infringement and, or five hundred euro (€500) for each day during which such infringement persists;
Provided that:
(A) the procedure for the imposition of such administrative fines shall allow for the right to be heard to be respected before
any such fines are imposed;
(B) the procedure for the imposition and contestation of such fines shall be that established in respect of fines imposed by
the Authority under Part VII and Part VIII of the Malta Communications Authority Act, and the relevant provisions of the said
Act and of any regulations made thereunder in respect of any such procedure shall apply mutatis mutandis to administrative fines imposed by the Minister under this Part in such a manner that any reference to the Authority shall be construed
as a reference to the Minister;
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(C) in all cases where the Minister or the Authority imposes an administrative fine in respect of anything done or omitted
to be done by any person and such act or omission also constitutes a criminal offence, no proceedings may be taken or continued against
the said person in respect of such criminal offence;
(e) for any aspect relating to the form, substance and duration of any radiocommunications individual licence, the
conditions on which such a licence is to be issued and held, the fees payable thereon and the nature and character of the
apparatus authorised by the licence which a sea-going Maltese ship may be required to obtain to keep and use a radiocommunications
installation;
(f) for any fees and, or charges, however so described, that may be payable in relation to any matters regulated by this Part including
the issue or renewal of any individual radiocommunications licences or authorisations however so described, and the inspection
of any ship for the purpose of seeing that she is properly provided with a radiocommunications installation and certified operators
and watchers in conformity with this Part;
(g) for any matter enabling the Minister to regulate and provide for general authorisations relating to radiocommunications apparatus;
(h) for any procedures for the out-of-court settlement of disputes that may arise, including any agreement in writing that may
be entered into with a person accused of an offence under this Part, and any agreement for the payment of a fine in lieu of prosecution
for an offence under this Part, this notwithstanding any provisions of this Part;
(i) | for any matter that may | be required | |
for | the | purpose of complying | with any |
international obligations of Malta relating to
Exemption from the provisions of this Part.
radiocommunications including those relating to standards in Malta:
Provided that the Minister may, when making any regulations under this article which relate to standards, specifications or to matters
of a strictly technical nature, make such regulations in the English language only.
37. The Prime Minister may by order in the Gazette exempt from the provisions of this Part any radiocommunications apparatus
used by the State to satisfy the exigencies of defence, public security or civil protection requirements:
Provided that the Prime Minister may in making an order under this article, impose any such conditions as he may consider appropriate.
In imposing such conditions the Prime Minister shall first consult the Authority.”.
A 893
Substitution of article
39 as renumbered in the principal Act.
“Use of radio frequencies.
39. Radio frequencies shall only be used in accordance with a general authorisation issued under this Act or following explicit authorisation
by the Authority in accordance with this Act, the plan or following explicit authorisation in accordance with any other law:
Provided that the Minister may in writing authorise the Authority to depart from the plan. In doing so, the Minister shall give his
reasons and notice of such authorisation shall be made public.”.
(a) in subarticle (2) thereof the words “the frequencies to be used” shall be substituted with the words “which frequencies
shall be assigned under this Act and, or under any other law”; and
(b) in subarticle (3) thereof the words “indicating frequency allocations” shall be substituted with the words “indicating the
frequency allocations”.
Amendment of article
41 as renumbered in the principal Act.
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Amendment of article
42 as renumbered in the principal Act.
Amendment of article
44 as renumbered in the principal Act.
Addition of a Schedule to the principal Act.
Amendment of the Malta Communications Authority Act.
Cap. 418.
(a) subarticle (1) thereof shall be deleted; and
(b) subarticle (2) thereof shall be renumbered as the whole article.
(Article 30(1))
Apparata listed under article 30(1) whereby an individual licence by the Minister is required:
“ (1) Broadcast receiving licence used for the reception of visual images in colour sent by television.”.
(2) This Part shall come into force on such date as the Minister responsible for communications may by notice in the Gazette appoint and different dates may be so appointed for different provisions and different purposes thereof.
“ “end-user” means any person other than an undertaking who uses or requests a communications service;”.
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Amendment of article
2 of the principal Act.
Addition of new article 4A to the principal Act.
“Consultation and transparency mechanism.
4A. (1) Except in relation to –
(a) any dispute or complaint however so described being dealt with in accordance with this Act or any other law which the Authority
is entitled to enforce; or
(b) the exercise of any enforcement powers of the Authority under this Act, or under any other law which the Authority is entitled
to enforce; or
(c) cases where the Authority considers that there is an urgent need to act to safeguard competition and protect the interests
of users in accordance with Community law,
where the Authority intends to take a decision in accordance with any law which it is entitled to enforce, and which decision has
a significant impact in a market for communications networks or services, it shall make available to interested parties,
a statement of the proposed decision and give such parties the opportunity to comment on the proposed decision within a period which
the Authority considers reasonable.
(2) The Authority shall publish its consultation procedures and shall establish a single information point through which all current
consultations can be assessed.
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(3) The result of any consultations under this article shall be made publicly available by the Authority through such means
as the Authority considers appropriate in the circumstances, except in the case of information which the Authority considers
to be confidential.”.
Amendment of article
29 of the principal
Act.
Cap. 418.
(a) after paragraph (f) of subarticle (1) thereof there shall be added the following new paragraph:
“(g) require any person to switch off, modify, or desist from the use of, any radiocommunications apparatus which does
not comply with any radiation emission standards adopted and published by the International Commission for Non-Ionising Radiation
Protection (ICNIRP) or any other international standards as may be adopted from time to time, or which may cause
harmful interference, or is in breach of any requirement established by or under the Electronic Communications (Regulation)
Act or of any radiocommunications authorisation or licence condition:
Provided that where the person concerned fails to abide with any requirements made by the Authority under this paragraph,
the Authority may then take any such measures as it may consider appropriate in the circumstances including the switching
off or modification of the use of any such apparatus.”;
(b) in subarticle (2) thereof the words “when exercising a power conferred by this article” shall be substituted with the words
“when exercising a power conferred by this Act or by any other law which the Authority is entitled to enforce”;
(c) in subarticle (3) thereof the words “in the exercise of any of the powers under this article” shall be substituted with
the words “in the exercise of any of the powers conferred by this Act or by any other law which the Authority is entitled to enforce”;
and
(d) subarticle (5) thereof shall be amended as follows:
(i) in paragraph (a) thereof the words “in the exercise of a power under this article;” shall be substituted with
the words “in the exercise of any of the powers conferred by this Act or by any other law which the Authority is entitled to enforce;”;
and
(ii) after paragraph (d) thereof there shall be added the following new paragraph:
“(e) furnishes any information to the Authority which it may require in the exercise of its functions under any law it is entitled
to enforce, which he knows, or has reasonable cause to believe to be false or misleading;”.
(a) in subarticle (1) thereof, the words “or who fails to comply with any directive or decision given by the Authority:”
shall be substituted with the words “or who fails to comply with any directive or decision given by the Authority or with
any authorization condition:”; and
(b) in paragraph (b) subarticle (1) thereof, the words “or the decisions or directives of the Authority,” shall be
substituted with the words “or the decisions or directives of the Authority or with any authorisation condition,”.
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Amendment of article
31 of the principal
Act.
Addition of new article 37A to the principal Act.
“Observance of the principles
of good administrative behaviour. Cap. 490.
37A. The Appeals Board shall respect and apply the principles of good administrative behaviour laid down in Article 3 of the Administrative Justice Act.”.
(a) in the marginal note thereof the word “consumer”
shall be substituted with the word “end-user”;
Amendment of article
44 of the principal
Act.
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(b) subarticle (1) thereof shall be substituted with the following:
“(1) An end-user may refer a dispute with an undertaking to the Authority if such dispute relates to an allegation of non-compliance
by that undertaking with any law, decision, directive or authorisation condition which the Authority is entitled to enforce:
Provided that in referring a dispute to the Authority in accordance with this article, the end-user shall show prima facie that he
has suffered prejudice as a direct result of the alleged non-compliant act or omission of the undertaking.” ; and
(c) the word “user” in sub-article (5) there shall be substituted the word “end-user”.
Amendment of the
Postal Services Act. Cap. 254.
Amendment of
Arrangement of Act.
Amendment of article
2 of the principal Act.
(2) This Part shall come into force on such date as the Minister responsible for communications may by notice in the Gazette appoint, and different dates may be so appointed for different provisions and different purposes thereof.
(a) for the definition “access points” there shall be substituted the following:
“ “access points” means physical facilities, including letter boxes provided for the public either on streets, public ways,
public highways or at the premises of the postal service provider or providers where postal
articles may be deposited with the postal network by senders;”;
(b) for the definition “authorisation” there shall be substituted the following:
“ “authorisation” means any permission however so described issued in accordance with this Act, setting out rights and obligations
specific to the postal sector and allowing operators to provide postal services and, where applicable, to establish and, or operate
their networks for the provision of such services in the form of a general authorisation or an individual licence as defined under
this article;”;
(c) for the definition “clearance” there shall be substituted the following:
“ “clearance” means the operation of collecting postal articles by a postal service provider;”;
(d) in the definition “direct mail” there shall be added thereto the following proviso:
“Provided that the Authority shall interpret the term “significant number of addressees” in relation to direct mail and
publish by notice in the Gazette and on the website of the Authority, an appropriate definition from time to time;”;
(e) the definition “document exchange” shall be deleted;
(f) for the definition “essential requirements” there shall be substituted the following:
“ “essential requirements” means general non- economic reasons which can induce the Authority to impose conditions on
the supply of postal services. These reasons are the confidentiality of correspondence, security of the network as regards the
transport of dangerous goods, respect for the terms and conditions of employment, social security schemes laid down by law or administrative
provision and, or by collective agreement between national social partners, in
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accordance with Community and national law, and where justified, data protection, environmental protection and regional planning;”;
(g) for the definition “general authorisation” there shall be substituted the following:
“ “general authorisation” means an authorisation regardless of whether it is regulated by a ‘class licence’ and regardless
of whether such regulation requires registration or declaration procedures, which does not require the postal operator
concerned to obtain an explicit decision by the Authority before exercising the rights stemming from the authorisation;”;
(h) for the definition “individual licence” there shall be substituted the following:
“ “individual licence” means an authorisation which is granted by the Authority and which gives a postal operator specific rights,
or which subjects the operations of that operator to specific obligations supplementing the general authorisation where applicable,
where the postal operator is not entitled to exercise the rights until it has received the decision by the Authority further to the
operator’s application for such authorisation;”;
(i) for the definition “letter-box” there shall be substituted the following:
“ “letter-box” includes every pillar box, wall box, and every other box or receptacle provided in a place accessible to the
public under the permission of the Authority for the purpose of receiving postal articles for collection by a postal operator
and delivery to the addressee;”;
(j) the definition “parcel” shall be substituted with the following:
“ “parcel” means a postal article which is not an item of correspondence, the weight of which does not exceed twenty kilograms
and the dimensions of which
fall within the limits of size laid down in Agreements concerning Postal Parcels adopted by the Universal Postal Union as may be amended
from time to time, or by any other convention as the Authority may prescribe;”;
(k) immediately before the definition “postal operator”
there shall be inserted the following new definition:
“ “postal network” means the system of organization and resources of all kinds used by the universal service provider or providers
for the purposes in particular of:
(i) The clearance of postal articles covered by a universal service obligation from access points throughout Malta,
(ii) The routing and handling of those postal articles from the postal network access point to the distribution centre,
(iii) Distribution to the addresses shown on postal articles;”;
(l) in the definition “postal operator” the words “any person licensed to supply postal services in Malta” shall be substituted
with the words “any person licensed to supply one or more postal services as defined in this Act in Malta”;
(m) for the definition “postal services” there shall be substituted the following:
“ “postal services” means services involving the clearance, sorting, transport and distribution of postal articles:
Provided that the provision of a service of transport alone shall not be considered as a postal service;”;
(n) immediately before the definition “prohibited”
there shall be inserted the following new definition:
“ “private letter-box” means any box, receptacle or slot which the owner or occupier of any premises has
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provided for the receipt of postal articles addressed to those premises;.”;
(o) the definition “public postal network” shall be deleted;
(p) in the definition “registered article” the words “with proof of the handing in of the postal article or of its
delivery to the addressee;” shall be substituted with the words “with proof of the handing in of the postal article and, or of
its distribution to the addressee;”;
(q) immediately before the definition “sender” there shall be added the following new definition:
“ “scheme” unless the context otherwise requires, means a postal services scheme made in accordance with article 76A of this
Act;”;
(r) immediately before the definition “terminal dues”
there shall be added the following new definition:
“ “services provided at single piece tariff” means postal services for which the tariff is set in the general terms and conditions
of universal service provider or providers for individual postal articles;”;
(s) in the definition “terminal dues” the words “the universal service provider” shall be substituted with the words “the
universal service provider or providers”;
(t) in the definition “universal service provider” the words “means the public or private entity providing the
universal postal service within Malta” shall be substituted with the words “means the public or private postal operator
providing the universal postal service or parts thereof within Malta”;
Amendment of article
3 of the principal Act.
(u) in the definition “users” the words “benefitting from universal service provision” shall be substituted with the words “benefitting from postal service provision”.
“(1) A person shall only provide or operate a postal service in Malta if he is authorized as a postal operator in accordance with
this Act:
Provided that without prejudice to the generality of the above requirement, a person shall be deemed to have acted contrary to this
subarticle if he -
(a) performs any service incidental to the conveyance of a postal article in breach of this subarticle; or
(b) sends, tenders or delivers, in order to be sent, any postal article in breach of this subarticle; or
(c) makes a collection of postal articles for the purpose of sending them in breach of this subarticle.”
(a) subarticle (2) thereof shall be substituted with the following:
“(2) The granting of authorisations may:
(a) In the case of universal service providers be made subject to universal service obligations, and
(b) In all cases including of universal service providers:
(i) If necessary and justified, impose requirements concerning the quality, availability and performance of the relevant services,
A 903
Deletion of articles
4 and 4A of the principal Act.
Amendment of article
7 of the principal Act.
Amendment of article
8 of the principal Act.
A 904 VERŻJONI ELETTRONIKA
(ii) Where appropriate, be subject to an obligation to make a financial contribution to the sharing mechanisms as may be established
in accordance with this Act if the provision of the universal service entails a net cost and represents an unfair burden on the universal
service provider or providers as may be designated in accordance with this Act,
(iii) Where appropriate, be subject to an obligation to make a financial contribution to the Authority’s operational costs,
(iv) Be subject to conditions imposing obligations not to infringe the exclusive or special rights granted to the universal service
provider or providers for the reserved postal services as defined in article 20, until such time as such obligations under the Second
Schedule subsist.”;
(b) subarticle (3) thereof shall be amended as follows: (i) paragraph (c) thereof shall be deleted;
(ii) paragraphs (d), (e), (f) and (g) thereof shall be renumbered as paragraphs (c), (d), (e) and (f);
(iii) in paragraph (c) thereof as renumbered the words “to comply with any directives given by the Authority”
shall be substituted with the words “to comply with any directives and, or decisions issued by the Authority”;
(iv) in paragraph (f) thereof as renumbered the words “as may be prescribed.” shall be substituted by the words “as may be
prescribed by the Authority from time to time.”; and
(c) immediately after subarticle (3) thereof there shall be added the following new subarticle:
“(4) The procedures stipulated in subarticles (1), (2) and (3) of this article shall be transparent, accessible, non-discriminatory,
proportionate, precise
and unambiguous and shall be made public in advance and based on objective criteria.”.
(a) subarticle (1) thereof shall be substituted with the following:
“(1) The Authority shall process all applications for an individual licence in a timely manner and, in any case, shall inform
the applicant of its decision to grant or to refuse the application within one month from the date when it receives the application
in a complete state and drawn up in a manner that complies with the provisions of this Act:
Provided that such period may be extended by the Authority up to a maximum period of three months where an application requires
consultation between the Authority and any government body or other local or foreign public authority with regard to any aspect of
the provision of postal services applied for. ”;
(b) subarticles (2) to (6) thereof shall be deleted;
(c) subarticle (7) thereof shall be renumbered as subarticle (2) thereof; and
(d) immediately after subarticle (2) thereof as renumbered there shall be added the following new subarticles:
“(3) Upon receipt of any application for the granting of an individual licence, the Authority shall publicise, as it deems
necessary, that such an application has been made, giving such details as it may deem necessary to enable any persons wishing to
make representations within such period as the Authority may establish:
Provided that in all cases, the Authority shall publicise such application in at least two local newspapers and on its website.
A 905
Amendment of article
9 of the principal Act.
A 906 VERŻJONI ELETTRONIKA
(4) The applicant in his application for an individual licence shall specify the postal service or services being
applied for and shall include with his application any such information as the Authority may require:
Provided that in any case the applicant should provide such information as is sufficient to demonstrate that he fulfils the conditions
for the grant of the licence.
(5) The Authority shall communicate in writing to the applicant its decision to grant or to refuse an application for an
individual licence and in the case of a refusal the Authority shall set out the reasons thereof.”.
Amendment of article
10 of the principal
Act.
Deletion of articles 11 and 12 of the principal Act.
Substitution of article
13 of the principal
Act .
“(1) No individual licence may be transferred or assigned by the authorized provider to another person without the prior consent
in writing of the Authority:
Provided that the Authority shall communicate its decision within one month from when the authorized provider applies in writing to
it for its consent and, in so doing, the Authority shall state the reasons for the decision.
(2) Where the authorized provider is a body corporate or another body of persons, a change in the control of ownership or management
of that body shall be equivalent to the transfer of the individual licence, and shall be subject to the prior consent of the Authority
as aforesaid.
(3) The transfer or assignment of a general authorisation, or the change in the control of the ownership or management of an
authorized body corporate or other body of persons enjoying a general authorisation, shall be immediately notified in writing to
the Authority.” .
(a) in subarticle (1) thereof the words “In granting a licence under this Act, or at any time during the validity of such licence,
the Minister may also by legal notice” shall be substituted with the words “In relation to any individual licence granted under
this Act or at any time during the validity of any such licence, the Minister may also by legal notice”; and
(b) in subarticle (4) thereof the words “In granting a licence under this Act, or at any time during the validity of such licence,
the Minister may by legal notice” shall be substituted with the words “In relation to any individual licence granted under
this Act or at any time during the validity of any such licence, the Minister may by legal notice”;
(a) paragraphs (b) and (c) of subarticle (1) thereof shall be deleted and paragraph (a) thereof shall be renumbered as the whole
subarticle thereof;
(b) subarticle (2) thereof shall be deleted;
(c) subarticles (3), (4), (5), (6) and (7) thereof shall be renumbered as subarticles (2), (3), (4), (5) and (6);
(d) subarticle (2) thereof as renumbered shall be substituted with the following:
“(2) The Minister shall, after consultation with the Authority, by notice in the Gazette designate one or more postal operators
to provide different elements of the universal service and, or cover different parts of the national territory, and in so doing the
Minister shall
A 907
Deletion of article 14 of the principal Act.
Amendment of article
15 of the principal
Act.
Deletion of article 16 of the principal Act.
Amendment of article
17 of the principal
Act.
A 908 VERŻJONI ELETTRONIKA
also in consultation with the Authority determine the obligations and rights assigned to them:
Provided that the Minister may, after consultation with the Authority, by notice in the Gazette withdraw, amend or suspend any designation
made under this subarticle, provided that prior to the effective date of any such withdrawal, amendment or suspension, the Minister
shall, where applicable and after consultation with the Authority, designate another postal operator in respect of the service affected
by any such withdrawal, amendment or suspension.”;
(e) in subarticle (3) thereof as renumbered paragraph (b) thereof shall be deleted and paragraph (a) thereof shall be renumbered
as the whole subarticle thereof;
(f) in subarticle (4) thereof as renumbered the word
“and” in paragraph (d) thereof shall be deleted;
(g) subarticle (5) thereof as renumbered shall be substituted with the following:
“(5) The minimum and maximum dimensions for postal articles in question shall be those laid down in the relevant provisions
adopted by the Universal Postal Union.”; and
(h) immediately after subarticle (6) thereof as renumbered there shall be added the following new subarticle:
“(7) The Minister may ensure the provision of universal services by procuring such services in accordance with the applicable
public procurement rules and regulations, by competitive dialogue or negotiated procedures with or without publication of a contract
notice.”.
Deletion of article 19 of the principal Act.
Amendment of article
20 of the principal
Act.
(a) subarticle (2) thereof shall be deleted and subarticle
(1) shall be renumbered as the whole article thereof; and
(b) article 21 as renumbered shall be amended as follows:
(i) paragraph (b) thereof shall be substituted with the following:
“(b) prices must be cost-oriented and give incentives for an efficient universal service provision;”;
(ii) paragraph (c) thereof shall be substituted with the following:
“(c) with the consent of the Minister, the Authority may decide that an uniform tariff shall be applied throughout Malta to services
provided at single piece tariff and to other postal articles;” and
(iii) Paragraphs (f) and (g) thereof shall be substituted with the following:
“(f) whenever universal service providers apply special tariffs, for example for services for businesses, bulk mailers or consolidators
of mail from different users, they shall apply the principles of transparency and non-discrimination with regard both to the tariffs
and to the associated conditions:
Provided that the tariffs together with the associated conditions, shall apply equally both as between different third parties and
as between third parties and the universal service provider supplying equivalent services:
Provided further that any such tariffs shall also be available to users, in particular individual users, small and medium
sized enterprises who post under similar conditions;
A 909
Amendment of article
21 of the principal
Act.
A 910 VERŻJONI ELETTRONIKA
(g) until 31st December 2012 cross- subsidisation of universal services outside the reserved sector out of revenues from services
in the reserved sector shall be prohibited except to the extent to which it is shown to be strictly necessary to fulfil specific
universal service obligations imposed in the competitive areas.”.
Amendment of article
22 of the principal
Act.
Amendment of article
23 of the principal
Act.
Deletion of article 24 of the principal Act.
Amendment of article
25 of the principal
Act.
Deletion of articles
26 to 28 and 30 of the principal Act.
(a) subarticle (2) thereof shall be deleted; and
(b) subarticle (3) thereof shall be renumbered as subarticle (2).
(a) subarticle (1) thereof shall be substituted with the following:
“(1) The Authority shall prescribe quality standards for inland mail which standards shall be compatible with those for Intra-Community
cross-border mail as established by the European Parliament and Council.”; and
(b) subarticle (3) thereof shall be substituted with the following:
“(3) The Authority may provide for exemptions from any quality standards as may be prescribed in accordance with this Act, if
it is satisfied that exceptional situations relating to infrastructure or geography so require.”.
A 911
Deletion of articles 31 and 32 and headings
in the principal Act.
Insertion of a new heading.
Addition of new articles 35A and 35B to the principal Act.
“Recovery of customs duty.
Duty of masters of
ships not being
ships to carry mail bags.
35A. Where a postal article, on which any customs duty is payable, has been received by post from any place outside
Malta, the amount of such duty shall, without prejudice to the operation of any law in terms of which such duty is due, also be recoverable
as if it were postage under this Act.
35B. (1) Every master of a ship, not being a mail ship, which is about to depart from any port or place in Malta to any
port or place beyond Malta shall receive on board any mail bags tendered to him for conveyance by any officer of a postal operator,
shall grant a receipt therefor to the said officer, and shall without delay and after taking all necessary measures and precautions
for the safety of the mail bags, deliver the same to the postal authorities at the port or place of destination of the ship.
(2) The master of any ship receiving on board any mail bag under the foregoing provisions of this article shall be entitled
to the immediate payment of such gratuity as may be payable for the service to be given under those provisions in accordance with
the rates established by the Authority and published in the Gazette.
(3) The provisions of subarticle (1) and (2) shall mutatis mutandis apply also to the conveyance of mail bags from one place to another within Malta.”.
IV thereof.
Renumbering of Part
V of the principal Act.
Amendment of article
36 of the principal
Act.
A 912 VERŻJONI ELETTRONIKA
(a) subarticle (1) thereof shall be substituted with the following:
“(1) The Minister shall be responsible for the approval of postage stamp issues and the formulation of a programme in respect of
postage stamp issues:
Provided that in doing so the Minister shall consult a stamp advisory board consisting of a chairman and not less than four and more
than eight other members appointed by the Minister for a term of not more than three years, which term may be renewed. Subject to
the issue of any regulations made under this Act, the Board shall regulate its own procedure in the conduct of its business:
Provided further that the Minister may be order in the Gazette delegate his functions under this article to a public officer not below
the grade of director within his Ministry.”; and
(b) subarticle (3) thereof shall be deleted.
Deletion of articles 37 and 38 of the principal Act.
Renumbering of Part VI of the principal Act.
Deletion of article 39 of the principal Act.
Amendment of article
40 of the principal
Act.
V thereof.
(a) sub-article (1) thereof shall be substituted with the following:
“(1) All premises shall be provided by their respective owner or occupier with an adequate private letter-box so as to enable
the delivery by a postal operator of postal articles addressed to his premises:
Provided that for the purposes of this article, the term “owner” shall include, in respect of any property, the administrator
of such property and where
the property is subject to a usufruct, or is given on emphyteusis or sub-emphyteusis, the expression shall be deemed to refer to the
usufructuary, the emphyteuta or the subemphyteuta as the case may require.” ;
(b) sub-article (2) thereof shall be substituted with the following:
“(2) Every owner who fails to comply with the provisions of this article shall be guilty of an offence and shall be liable, on
conviction, to a fine (ammenda) not exceeding one hundred euro (€100):
Provided that the Authority in special circumstances may in writing exempt persons from complying with the provisions of this article.”;
(c) sub-article (3) thereof shall be substituted with the following:
“(3) The postal operator may refuse to deliver any postal article where the premises to which it is addressed is not provided
with a private letter-box as required in subarticle (1) or the private letter-box provided is such that the postal article
cannot be placed in the box through an opening in the box adequate for the purpose; and in any such case the postal operator may
return the postal article to the sender, under such conditions as he may deem fit, or otherwise deal with it as he may deem appropriate.”;
(d) sub-article (4) thereof shall be substituted with the following:
“(4) A postal operator may also refuse to deliver any postal article where the premises to which it is addressed may be of threat
to the health and personal safety of the officer of a postal operator.” ; and
(e) sub-articles (5) to (10) thereof shall be deleted.
A 913
A 914 VERŻJONI ELETTRONIKA
Amendment of article
42 of the principal
Act.
Deletion of articles 44 to 46 of the principal Act.
Deletion of the heading of Part VII of the principal Act.
Deletion of articles 47 to 49 of the principal Act.
Deletion of heading Part VIII and of articles 50 to 53 of the principal Act.
Deletion of Part IX
and of articles 54 and
55 of the principal
Act.
Deletion of heading Part X and articles 57 to 60 of the principal Act.
Renumbering and
amendment of article
61 of the principal
Act.
Renumbering and renaming of Part XI of the principal Act.
Substitution of article
62 of the principal
Act.
(2) In paragraph (a) of article 77A as renumbered the words “by virtue of the provisions of articles 57 and 59;” shall be substituted “by virtue of the provisions of article 81;”.
VI thereof and shall be renamed “Offences and Enforcement”.
“Offences related to the regulation and provision of postal services.
62. Any person who -
(a) assaults or obstructs or impedes any officer, employee or agent of a postal operator in the exercise of his duties with such
an operator;
(b) uses any postal service, and as a result causes any injury or alarm or is likely to cause any injury or alarm;
(c) for the purpose of sending a postal article by post, uses a fictitious stamp or purports to prepay such postal article
with any stamp which has been previously used to prepay any other postal article, or which has otherwise been previously used
for any other purpose;
(d) without any lawful authority makes use of any seal, instrument or mark used by the Authority or by a postal operator
for marking any postage stamp or for affixing any other mark;
(e) places in or against any letter-box provided by a postal operator for the reception of postal articles, any fire or any explosive,
dangerous, dirty, noxious or deleterious substance of any fluid, or commits a nuisance in or against any such letter- box, or does
anything likely to injure any such letter-box or its appurtenances or contents;
(f) without due authority affixes any placard, advertisement, notice, list, document, board or other thing in or on,
or paints, tars or in any way disfigures any post office;
(g) detains, except under the authority of this Act or in obedience to an order by the Authority or by the competent
court or tribunal, any postal article in course of transmission by post, or any officer of a postal operator or any vehicle carrying
mails bags or postal articles, or on any pretence opens a mail bag in course of transmission by post, or fails to return a postal
article to the postal operator as required by the proviso to article
42(d);
A 915
A 916 VERŻJONI ELETTRONIKA
(h) maliciously opens or causes to be opened any postal article which ought to have been delivered, or maliciously
does any act whereby the due delivery of a postal article, is prevented or delayed, or communicates or makes use of any
information obtained from a postal article so opened;
shall be guilty of an offence under this Act and shall, on conviction, be liable to a fine (multa) of between one thousand euro (€1,000) and twenty-five thousand euro (€25,000), or to imprisonment for a term from one to twelve
months, or to both such fine and imprisonment.”.
Deletion of article 63 of the principal Act.
Amendment of article
64 of the principal
Act.
Deletion of article 65 of the principal Act.
Substitution of article
66 of the principal
Act.
(a) subsarticle (1) thereof shall be substituted with the following:
“(1) Proceedings for an offence under this Act committed by a postal operator or a person providing postal services shall only
be undertaken:
(a) at the written request of the Authority; or
(b) after prior notification in writing by the prosecuting authority to the Authority and following the written reply of the
Authority which shall be given due consideration.”; and
(b) in subarticle (3) thereof the words “or under any regulations made thereunder” shall be deleted.
“Prohibition of transmission by post
of certain articles.
66. (1) Any person who sends or tenders, or makes over in order to send by post any creature, or any article or thing of
any kind, or any sharp instrument, including but not limited to any explosive, inflammable, dangerous, dirty, noxious or
deleterious substance, which is likely to soil or damage other postal articles in the course of their transmission by post or to
physically injure and, or threaten in any manner any person or persons shall, on conviction, be liable to a fine (multa) of between one thousand euro (€1,000) and twenty-five thousand euro (€25,000), or imprisonment for a term from one to twelve
months, or to both such fine and imprisonment:
Provided that such a penalty shall not apply to postal articles which contain items generally or specifically permitted by
the postal operator concerned.
(2) Subject to the provisions of this Act, if a postal operator has reason to believe that any postal article has been posted
or sent by post in breach of subarticle (1), the postal operator shall withhold delivery of any suspect postal article to
the addressee and shall refer the postal article to the Police forthwith. The postal operator may, with the consent of the Police,
return the postal article to its sender or forward it to its destination or destroy or otherwise dispose of such article as the case
may be. In all cases, the postal operator shall inform the Authority of any suspect postal article and of any action taken
in relation to it within the next working day.
(3) Notwithstanding the provisions of subarticle (2), any postal article which is reasonably believed to contain any explosive, inflammable,
noxious, dangerous or deleterious substance or other thing which may expose any person to injury shall be immediately referred to
the competent authorities as the case may be. The postal operator shall also inform the Authority thereof forthwith.
(4) Where a postal article has been detained under subarticles (2) and (3), the sender of such article shall be liable to prosecution
as if such article has been delivered in due course by post.
A 917
A 918 VERŻJONI ELETTRONIKA
(5) In case of a postal article addressed to a person legally entitled to provide television broadcasting services in Malta which
consists of audiovisual material which has been posted or sent by post only for the purpose of its being broadcast on television
according to the provisions of the broadcasting legislation, the postal operator shall immediately refer the matter to the
Authority which, if satisfied that the said article has been posted or sent by post for such purpose, shall direct the postal operator
to deliver such postal article to the addressee without further examination.”.
Deletion of article 67 to 70 of the principal Act.
Amendment of article
71 of the principal
Act.
“Offences related to ship or air mails.
71. (1) Every master of a ship or a pilot of an aircraft having on board any postal article or mailbag which is directed
to Malta, shall, immediately on arriving in Malta, cause such postal article or mail bag to be delivered to the postal operator
entitled to receive the same:
Provided that if the agent of a ship or aircraft is aware of the presence on board of any such postal article or mail bag, or that
any such article or bag has been removed from such ship or aircraft, he shall, without delay, bring such fact to the notice of the
postal operator concerned.
(2) A person acting in breach of any of the provisions of this article shall, on conviction, be liable to a fine (multa) of between two hundred euro (€200) and two thousand euro (€2,000).”.
Substitution of article
73 of the principal
Act.
“Seizure of
73. It shall be lawful for any Customs or Police
postal articles. officer to seize any mail bag or postal article found on board any ship or aircraft in any place in Malta, in respect of which any provision of this Act has been
infringed, and in any such case such officer shall also inform the Authority of any such seizure.”.
(a) in subarticle (1) thereof the words “issue any such directives as the Authority considers” shall be substituted with the
words “issue any such directives to any postal operator as it may consider”;
(b) subarticle (2) thereof shall be renumbered as subarticle (3) thereof;
(c) immediately after subarticle (1) there shall be added the following new subarticle:
“(2) Without prejudice to the generality of subarticle (1) the Authority may in particular issue directives to an universal
service provider in respect of any of the following:
(a) the quality of the postal services to be provided, including compliance with any quality standards that the Authority may establish
and any corrective action as the Authority may consider necessary in this regard;
(b) to ensure that the density of access points takes account of the needs of users;
(c) compliance with any requirements of the universal services as may be onerous on that provider;
(d) compliance with the principles as stated under articles 21 and 22 of this Act;
(e) the manner and time in which postal articles may be posted and delivered, including the core hours during which post offices
are to be open to the public;
A 919
Deletion of article 74 of the principal Act.
Amendment of article
76A of the principal
Act.
A 920 VERŻJONI ELETTRONIKA
(f) the disposal and, or detention of postal articles which for any reason cannot be delivered;
(g) schemes pertaining to postal services: Provided that before issuing any directives
under this subarticle the Authority shall consult
with the universal service provider or providers concerned and with any such other stakeholders as the Authority may in the circumstances
consider appropriate.”; and
(d) in subarticle (3) thereof as renumbered, the words “not exceeding the sum of twenty-three thousand, two
hundred and ninety-three euro and seventy-three cents (€23.293.73) and, or four hundred and sixty-five euro and eighty-seven cents
(€465.87)” shall be substituted by the words “of up to twenty-five thousand euro (€25,000), and, or up to five hundred euro
(€500) for each day during which failure to observe the requirements of any such directive or decision persists.”.
Addition of new article 76B to the principal Act.
“Administrative sanctions.
76B. Unless otherwise provided under this Act,
Cap. 418.
the Authority may, in accordance with the provisions of
Part VII of the Malta Communications Authority Act, impose such sanctions as it may consider appropriate in accordance with the aforesaid
Act, upon any person who acts in breach of any provision of this Act:
Provided that any administrative fine that the Authority may decide to impose for the breach of any provision of this Act shall in
no case exceed twenty-five thousand euro (€25,000) for each breach, and, or five hundred euro (€500) for each day during which
any such breach continues.”.
Renumbering of Part XII of the principal Act.
VII.
Deletion of articles 77 to 79 of the principal Act.
“(2) Notwithstanding any amendments to the Act, any modifications, adaptations and limitations to any individual licence granted
by the Minister shall continue to be made by the Minister after consultation with the Authority and shall be prescribed in accordance
with article 81:
Provided that any modifications, adaptations and limitations to any individual licence granted after 1st January
2010 shall be made in accordance with the provisions of articles 8 and 9 of this Act.”.
“(2) Without prejudice to the generality of the aforesaid power, such regulations may in particular provide:
(a) for any matters in respect of authorisations under this Act, including the establishment of fees and of registration and declaration
procedures, and for the making of any deposit or the giving of any guarantee to ensure the performance of any obligation imposed
as a condition to any such authorisation;
(b) for the minimum standards to be adopted in the provision of postal services including the accessibility and dimensions
of private letter-boxes and matters relating to health and safety, and in the context of basic counter services for the variation
of the requirements with regard to the universal postal services that are to be provided;
(c) for the better protection of the interests of users of the postal services and for the establishment of any criteria
or procedures to be followed by postal operators in the handling of complaints;
(d) for ensuring fair competition in all practices, operations and activities relating to postal services;
A 921
Amendment of article
80 of the principal
Act.
Amendment of article
81 of the principal
Act.
A 922 VERŻJONI ELETTRONIKA
(e) for the undertaking of investigation on any matter relating to postal services regulated by or under this Act and the provision
and, or retention of any information, the issue of directives or guidelines to the public, to postal operators, and to commercial
entities on matters relating to postal services;
(f) for the compliance with any international obligation entered into by Government in relation to any aspect of postal
services regulated by or under this Act including giving effect to the provisions of any convention, agreement or regulations,
however so described, of the Universal Postal Union or any postal administration outside Malta as may be applicable to Malta;
(g) for regulating any aspect of postal services relating to universal services with regard to the time, manner, place and condition
in which or under which such services are to be provided and including any funding mechanism in to order to ensure the provision
of such services;
(h) in the case of reserved services, for the rates of postage and the postal fees to be charged, the classification, the
scale of weights, the dimensions, and the other terms and conditions, according or subject to which postal articles shall be transmitted;
(i) in the case of universal services, for the prepayment of postage and postal fees on postal articles and prescribe the manner
in which prepayment is to be made;
(j) in the case of universal services, for the postage and the postal fees to be charged on postal articles when the postage
or the postage fees are not prepaid or are insufficiently prepaid;
(k) for the re-direction of postal articles, and the transmission by post of articles so re-directed, either free of charge or
subject to such further charge as may be specified in the regulations;
(l) for the terms and conditions subject to which
postal articles may be registered and insured, and the compensation payable for the loss of or damage to such articles;
(m) for the free transmission by post of such returns or other information as may be specified in the regulations;
(n) for the manner and conditions in and subject to which money orders, postal orders, payment cards and similar instruments, however
so described, for the remittance of money may be issued, paid and cancelled, the rates of commission leviable thereon and the levy
of additional rates of commission or fees;
(o) after consultation with the Minister responsible for Customs, for the modification or exception, subject to the provisions
of this Act, of the application to postal articles received from abroad of any laws or regulations for the time being in force relating
to the Customs, for the purpose of securing, in the case of such postal articles, the observance of such laws or regulations;
(p) for enabling officers of a postal operator to perform, for the purpose of the customs laws, all or any of the duties of the
importer and exporter;
(q) for the Authority to be empowered to impose administrative fines or other sanctions upon any postal operator acting in contravention
of any provisions of this Act or of any regulations or directives made thereunder and provide for the procedure for the imposition
and enforcement of such fines which procedures may include provisions to the effect that any such fines shall constitute
an executive title for the effects and purposes of Title VII of Part I of Book Second of the Code of Organization and Civil Procedure:
Provided that the administrative fines provided for by regulations or directives made under this article shall not exceed the
sum of twenty-five thousand euro (€25,000) for each offence and five hundred euro (€500) for each day during which failure
to observe
A 923
A 924 VERŻJONI ELETTRONIKA
the provisions of this Act or of any regulations made thereunder or of any authorisation persists;
(r) for the custody, supply, sale and use of postage stamps and postal stationery, including the sale of such stamps and postal
stationery for philatelic purposes and the levying of appropriate charges connected therewith, and for the use of franking machines
for the purpose of denoting the prepaying of postage in place of postage stamps, and for prescribing the procedure to be used for
the approval of postage stamp issues and for the appointment of any Board relating thereto;
(s) for prescribing that any person who acts in contravention of any regulation made under this Act shall be guilty of an
offence and for establishing the penalties to which such person may be liable:
Provided that no such penalty shall be greater than a fine (multa) exceeding ten thousand euro (€10,000);
(t) for prescribing the manner as to how any notice, instrument, act or document which is required or authorised by or under
this Act may be served or given;
(u) for prescribing anything which may be or is required to be prescribed by this Act.”.
Deletion of the First and Second Schedules, renumbering of the Third and Fourth Schedules of the principal Act.
Amendment of the First Schedule as renumbered to the principal Act.
(a) article 1 thereof shall be substituted with the following:
“1. (a) Until 31st December 2012 and subject to article 23 of this Act and in accordance with any directives as the Authority
may issue, the universal service provider or providers shall keep separate accounts within their accounting system, for
each of the
services and products within the reserved sector on the one hand and the non-reserved sector on the other. Such internal accounting
systems shall operate on the basis of consistently applied and objectively justifiable cost accounting principles.
(b) Subject to article 23 of this Act and in accordance with any directives as the Authority may issue, the universal service
provider or providers shall keep separate accounts within their accounting system, for each of the services and products which are
part of the universal service on the one hand and those which are not on the other. Such internal accounting system shall operate
on the basis of consistently applied and objectively justifiable cost accounting principles.”;
(b) article 2 thereof shall be amended as follows:
i) in subparagraph (iii) of paragraph (b) thereof the words “to the other services.” shall be substituted with the words
“to the other services until 31st December 2012 and to each of the universal services and, on the other hand to the
other services from 1st January 2013.”;
ii) immediately after subparagraph (iii) of paragraph (b) thereof there shall be added the following new sub-paragraph:
“(iv) common costs, which are necessary for the provision of both universal services and non- universal services, shall be allocated
appropriately; the same cost drivers must be applied to both universal services and non-universal services.”;
(c) article 7 thereof shall be renumbered as article 8 thereof; and
(d) immediately after article 6 thereof, there shall be added the following new article:
A 925
A 926 VERŻJONI ELETTRONIKA
“7. The Authority may require postal service providers which are obliged to contribute to a compensation
fund to introduce an appropriate accounting separation to ensure the functioning of the fund.”.
Amendment of the Second Schedule as renumbered to the principal Act.
Amendment of the Electronic Commerce Act.
Cap. 426.
Amendment of article
2 of the principal Act.
(2) This Part shall come into force on such date as the Minister responsible for communications may by notice in the Gazette appoint and different dates may be so appointed for different provisions and different purposes thereof.
Passed by the House of Representatives at Sitting No. 254 of 13th July, 2010.
MichAel Frendo
Speaker
PAuline AbelA
Clerk to the House of Representatives
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