Broadcasting Authority (Enforcement Powers) Regulations, 2006

L.N. 263 of 2006

BROADCASTING ACT

(CAP. 350)

Broadcasting Authority (Enforcement Powers) Regulations, 2006

IN exercise of the powers conferred by sub-article (3) of article 37

of the Broadcasting Act, the Prime Minister has made the following

regulations>-

(1) The title of these regulations is the Broadcasting Citation and date of

commencement.

Authority (Enforcement Powers) Regulations, 2006.

(2) These regulations shall be deemed to have come into

force on the 29th December, 2005.

In these regulations, unless the context otherwise requires>-

Interpretation.

“the Act” means the Broadcasting Act<

“intra-Community infringement” means any act or omission

contrary to the laws that protect consumers’ interests, that harm,

or are likely to harm, the collective interests of consumers residing

in a Member State or Member States other than the Member State

where the act or omission originated or took place or where the

responsible seller or supplier is established or where evidence or

assets pertaining to the act or omission are to be found<

“laws that protect consumers’ interest” means Articles 10 to

21 of Council Directive 89#552#EEC of 3 October 1989 on the

coordination of certain provisions laid down by law, regulation or

administrative action in Member States concerning the pursuit of

television broadcasting activities as last amended by Directive

97#36#EC of the European Parliament and of the Council and as

transposed in the corresponding provisions of the Act<

“Regulation 2006#2004” means Regulation (EC) No

2006#2004 of the European Parliament and of the Council of 27

October 2004 on co-operation between national authorities

responsible for the enforcement of consumer protection laws (text

with EEA relevance)<

“seller or supplier” means any natural or legal person who, in

respect of the laws that protect consumers’ interests, is acting for

purposes relating to his trade, business, craft or profession.

For the purpose of the proper implementation and enforcement

of the Act, of any subsidiary legislation made thereunder and of

Regulation 2006#2004, the Broadcasting Authority is hereby being

designated as the competent authority for the purposes of the said

Regulation with regard to laws that protect consumers’ interest< and the

Broadcasting Authority and any of its officers or employees shall have

the following additional powers>-

(a)

to enter and search any premises<

(b) to have access to any relevant document, in any form,

related to the intra-Community infringement<

(c) to require the supply by any person of relevant

information related to the intra-Community infringement<

(d) to carry out necessary on-site inspections<

(e) to request in writing that the seller or supplier concerned

cease the intra-Community infringement<

(f) to obtain from the seller or supplier responsible for intra-

Community infringements an undertaking to cease the intra-

Community infringement< and, where appropriate, to publish the

resulting undertaking<

(g) to require the cessation or prohibition of any intra-

Community infringement and, where appropriate, to publish

resulting decisions<

(h) to require the losing seller or supplier to make payments

to the Broadcasting Authority, in the event of failure to comply

with the decision<

(i) to take such other measures conducive to the enforcement

and implementation of Regulation 2006#2004 in terms of the said

Regulation.

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