ACT No. XII of 2010 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.

(L.S.) G eorge A bela

President

ACT No. XII of 2010

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

(1) The short title of this Act is the Communications

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.

PART I

REPEAL OF THE RADIOCOMMUNICATIONS ACT

(1) This Part repeals the Radiocommunications Act

Provided that any regulations and other subsidiary

legislation made under any of the provisions of the

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.

PART II

AMENDMENT OF THE ELECTRONIC

COMMUNICATIONS (REGULATION) ACT

(1) This Part amends the Electronic Communications

(Regulation) Act, and it shall be read and construed as one with the

Electronic Communications (Regulation) Act, hereinafter in this

Part referred to as “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.

Article 10 of the principal Act shall be deleted.

(1) Parts IV, V, VI and VII of the principal Act shall be

renumbered as Parts V, VI, VII and VIII, and articles 28 to 43 shall

be renumbered as articles 38 to 53 respectively.

(2) Immediately after article 27 of the principal Act,

there shall be added the following new Part IV

“PART IV

RADIOCOMMUNICATIONS

(1)

In this Part unless the context

Interpretation.

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;

“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.

(1) The Minister may by order in the

Delegation of

powers under

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

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.

(1) No

person

shall,

without

a

radiocommunications individual licence given in writing

by the Minister install or use any apparatus listed in the

authorisations

Schedule to this Act

Provided that the Minister may, after consultation

with the Authority, by order in the Gazette amend the list

of apparata in the Schedule.

(2) The Minister may require any person

who –

(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

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.

(1) Any person duly authorised by the

Enforcement.

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

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).

(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.

(3) The Authority may require any person

who –

(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.

(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.

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.

No authorisation is required for sound only

broadcast receivers.

The Minister may, after consultation with

exempt certain

the Authority, by Order in the Gazette exempt certain

categories of apparatus from the requirements of article

requirements of

32.

The Minister may make regulations for the

Power to make

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

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;

(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

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.

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.”.

6. Article 39 as renumbered in the principal Act shall be

substituted with the following

Radio frequencies shall only be used in

“Use of radio

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.”.

7. Article 41 as renumbered in the principal Act shall be

amended as follows

(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”.

8. Article 42 as renumbered in the principal Act shall be

amended as follows

(a) subarticle (1) thereof shall be deleted; and

(b) subarticle (2) thereof shall be renumbered as the

whole article.

9. In paragraph (a) of subarticle (1) of article 44 as

renumbered in the principal Act, for the words “any matter

concerning numbers including portability, plans and allocation,

the obligations of an undertaking having significant market power,

competition and consumer protection rules, billing procedures and

billing accuracy, emergency services and directory services;” there

shall be substituted the words “any matter concerning numbers

including portability, plans and allocation, any matter concerning

e-mail forwarding or other similar services to ensure fair

competition or for consumer protection purposes, the obligations of

an undertaking having significant market power, competition and

consumer protection rules, billing procedures and billing accuracy,

emergency services and directory services;”.

10. Immediately after article 52 as renumbered of the

principal Act, there shall be added the following Schedule

“SCHEDULE

(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.”.

PART III

AMENDMENT OF THE MALTA COMMUNICATIONS

AUTHORITY ACT

11. (1) This Part amends the Malta Communications

Authority Act, and it shall be read and construed as one with the

Malta Communications Authority Act, hereinafter in this Part

referred to as “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.

12. In article 2 of the principal Act immediately after the

definition “employee” there shall be added the following new

definition

“ “end-user” means any person other than an undertaking

who uses or requests a communications service;”.

13. Immediately after article 4 of the principal Act there

shall be added the following new article 4A:-

4A. (1)

Except in relation to –

“Consultation

(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.

(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.”.

14. Article 29 of the principal Act shall be amended as

(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;”.

15. Article 31 of the principal Act shall be amended as

follows

(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,”.

16. After article 37 of the principal Act there shall be added

the following new article

“Observance

37A. The Appeals Board shall respect and

of the

apply the principles of good administrative behaviour

principles

of good

administrative laid down in Article 3 of the Administrative Justice

Act.”.

behaviour.

17. Article 44 of the principal Act shall be amended as

follows

(a) in the marginal note thereof the word “consumer”

shall be substituted with the word “end-user”;

(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”.

PART IV

AMENDMENT OF THE POSTAL SERVICES ACT

18. (1) This Part amends the Postal Services Act and it

shall be read and construed as one with the Postal Services Act

hereinafter referred to in this Part as “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.

19. The “ARRANGEMENT OF ACT” of the principal Act

shall be deleted.

20. Subarticle (2) of article 2 of the principal Act shall be

amended as follows

(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

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

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”;

(u) in the definition “users” the words “benefitting

from universal service provision” shall be substituted with the

words “benefitting from postal service provision”.

21. Subarticles (2) to (4) of article 3 of the principal Act

shall be deleted and subarticle (1) shall be renumbered as the whole

article thereof.

22. Articles 4 and 4A of the principal Act shall be deleted.

23. Subarticle (1) of article 7 of the principal Act shall be

substituted with the following

“(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.”

24. Article 8 of the principal Act shall be amended as

follows

(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,

(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.”.

25. Article 9 of the principal Act shall be amended as

(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.

(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.”.

26. Subarticle (3) of article 10 of the principal Act shall be

27. Articles 11 and 12 of the principal Act shall be deleted.

28. Article 13 of the principal Act shall be substituted with

the following

“(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.” .

29. Article 14 of the principal Act shall be deleted.

30. Article 15 of the principal Act shall be amended as

follows

(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”;

31. Article 16 of the principal Act shall be deleted.

32. Article 17 of the principal Act shall be amended as

follows

(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

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.”.

33. Article 19 of the principal Act shall be deleted.

34. In article 20 of the principal Act for the words “the

Fourth Schedule” wherever they appear there shall be substituted

the words “the Second Schedule”, and the words “in order to

comply with the international obligations of Malta” shall be

35. Article 21 of the principal Act shall be amended as

follows

(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;

(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.”.

36. Article 22 of the principal Act shall be amended as

(a) subarticle (2) thereof shall be deleted; and

(b) subarticle (3) thereof shall be renumbered as

subarticle (2).

37. In article 23 of the principal Act the words “the Third

Schedule” wherever they occur shall be substituted with the words

“the First Schedule”.

38. Article 24 of the principal Act shall be deleted.

39. Article 25 of the principal Act shall be amended as

(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.”.

Articles 26 to 28 and article 30 of the principal Act shall

be deleted.

Articles 31 and 32 and the headings “Part III Inland

Post” and “Part IV Foreign Post” of the principal Act shall be

Immediately before article 33 of the principal Act there

shall be inserted the new heading “Part III Customs”.

Immediately after article 35 of the principal Act there

shall be added the following new articles

35A. Where a postal article, on which any

customs duty.

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

ships not being

place in Malta to any port or place beyond Malta shall

ships to carry

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.”.

Part V of the principal Act shall be renumbered as Part

IV thereof.

Article 36 of the principal Act shall be amended as

(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.

Articles 37 and 38 of the principal Act shall be deleted.

Part VI of the principal Act shall be renumbered as Part

V thereof.

Article 39 of the principal Act shall be deleted.

Article 40 of the principal Act shall be amended as

(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.

Article 41 of the principal Act shall be deleted.

In paragraph (b) of article 42 of the principal Act the

word “letterbox” shall be replaced by “letter-box”.

Articles 44 to 46 of the principal Act shall be deleted.

The heading “Part VII Prohibition” of the principal Act

shall be deleted.

Articles 47 to 49 of the principal Act shall be deleted.

The heading “Part VIII Recovery of postage due” and

articles 50 to 53 of the principal Act shall be deleted.

The heading “Part IX Ship or air mails” and articles 54

and 55 of the principal Act shall be deleted.

The heading “Part X Money and postal orders” and

articles 57 to 60 of the principal Act shall be deleted.

(1) Article 61 of the principal Act shall be renumbered

as article 77A thereof.

(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;”.

Part XI of the principal Act shall be renumbered as Part

VI thereof and shall be renamed “Offences and Enforcement”.

Article 62 of the principal Act shall be substituted with

the following -

Any person who -

“Offences

related to the

regulation and

provision of

postal services.

(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);

(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.”.

61. Article 63 of the principal Act shall be deleted.

62. Article 64 of the principal Act shall be amended as

(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.

Article 65 of the principal Act shall be deleted.

Article 66 of the principal Act shall be substituted with

the following

(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.

(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.”.

65. Articles 67 to 70 of the principal Act shall be deleted.

66. Article 71 of the principal Act shall be substituted with

the following

(1) Every master of a ship or a pilot of an

related to ship

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).”.

67. Article 73 of the principal Act shall be substituted with

the following

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.”.

68. Article 74 of the principal Act shall be deleted.

69. Article 76A of the principal Act shall be amended as

(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;

(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.”.

70. Immediately after article 76A of the principal Act there

shall be added the following new article

Unless otherwise provided under this Act,

“Administrative

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.”.

71. Part XII of the principal Act shall be renumbered as Part

72. Articles 77, 78 and 79 of the principal Act shall be

73. Subarticle (2) of article 80 of the principal Act shall be

substituted as follows

“(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.”.

74. Subarticle (2) of article 81 of the principal Act shall be

substituted as follows

“(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;

(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

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.”.

75. The First and Second Schedule to the principal Act

shall be deleted whereas the Third and Fourth Schedules of

the principal Act shall be renumbered as the First and Second

Schedules thereof.

76. The First Schedule as renumbered to the principal Act

shall be amended as follows

(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

“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.”.

Article (3) of the Second Schedule as renumbered to the

principal Act shall be deleted.

PART V

AMENDMENT OF THE ELECTRONIC COMMERCE ACT

(1) This Part amends the Electronic Commerce

Act and shall be read and construed as one with the Electronic

Commerce Act, hereinafter in this Part referred to as “the principal

(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.

In article 2 of the principal Act, the definition “service

provider” shall be deleted.

Passed by the House of Representatives at Sitting No. 254 of 13th July, 2010.

M ichael F rendo

Speaker

P auline A bela

Clerk to the House of Representatives