Designation of Various Entities Regulations, 2010

VERZJONIELETTRONlKA

L.N. 495 of 2010

SERVICES (INTERNAL MARKET) ACT

(CAP. 500)

Designation of Various Entities Regulations, 2010

IN EXERCISE of the powers conferred by article 12 of the

Services (Internal Market) Act, the Minister responsible for the

economy; in consultation with the Minister responsible for consumer

affairs and the Malta Standards Authority, has made the following

regulations:-

The title of these regulations is the Designation of Various Citation.

Entities Regulations, 2010.

(1)

For the purpose of these regulations

Definitions.

"the Act" means the Services (Internal Market) Act;

"the body responsible for consumer protection" means the

Director of Consumer Affairs designated as such in terms of article

3(1) of the Consumer Affairs Act;

"the Commerce Department" means the regulatory authority in

terms of article 3 of the Trading Licenses Act;

"the European Commission" means the Commission of the

European Community;

"the European Consumer Centre" means the entity designated

with the role of Malta's representatIve in the European Commission's

European Consumer Centres Network established pursuant to

Decision 192612006/EC of the European Parliament and of the

Council establishing a programme of Community action in the field

of consumer policy (2007-2013);

"IMI actors and users" means IMI actors and users within the

meaning of Commission Decision 2008/49IEC concerning the

implementation of the Internal Market Information System (IMI) as

regards the protection of personal data;

"the Malta Enterprise" means the corporation set up under the

Malta Enterprise Act;

"the Malta Standards Authority" means the authority as set up

under the Malta Standards Authority Act.

VERZJONIELETTRONlKA

(2) Words, terms and expressions used in these regulations and

which are also used in the Act, shall have, unless the context

otherwise requires, the same meaning as in the Act.

(1) For the purposes of article 10(1) of the Act, and

further to the entity designated for the purpose by sub-article (3) of

the same article, the entities responsible to provide, upon request,

assistance and information in accordance with article 7(a) and (b) of

the Act shall be the European Consumer Centre in Malta and the

Malta Enterprise, hereinafter referred to as "the designated entities".

-

(2) In the fulfillment of its obligation to provide information

and assistance to providers and recipients under articles 4 and 7(a)

and (b) of the Act, a competent authority shall effectively cooperate

with and furnish without delay all the required information to the

designated entities, in terms of sub-regulation (1).

(3) The competent authority shall remain responsible for the

correctness ofthe information provided under sub-regulation (2).

(4) Upon receipt of a request for assistance and, or information

from other entities listed as 'Article 21 Contacts' in the network

established by the European Commission pursuant to Article 21,

paragraph (2) of Directive 20061123IEC of the European Parliament

and of the Council on services in the internal market, or directly from

a provider or a recipient , the designated entities in terms of sub-

regulation (1), shall cooperate with each other and with the competent

authorities to provide in an efficient, effective and timely manner the

assistance and, or information requested in accordance with article 7

of the Act.

(1) The Malta Standards Authority shall be the body

through which a competent authority shall· notify the introduction of

any laws, regulations and, or administrative provisions of the type

listed under article 5(4) of the Act to the European Commission as

referred to in the second proviso to the said article 5(4).

(2) The transmission of a notification of any such new laws,

regulations and, or administrative provisions to the European

Commission by the Malta Standards Authority shall be made at such

time as may be determined by the competent authority, and in the

format and according to the procedure established for the purpose by

the European Commission.

(3) The Malta Standards Authority shall communicate any

comments and, or decision adopted by the European Commission

received by it concerning a notification to the relevant competent

authority without delay.

VERZJONIELETTRONlKA

The Malta Standards Authority may, with the approval of

(4)

the Minister responsible for it, establish its own procedure to be

followed by the competent authorities when making such

notifications.

(1)

In the course of meeting its obligations of Entity

administrative cooperation with the relevant competent authorities in ~!P~~~~~ for

other Member States as set out in articles 6(3) and 8(3), (4) and (6) of ~fket .

the Act, and pursuant to Commission Decision 20091739/EC of the 2 ~~s~:ation

October 2009 setting out the practical arrangements for the exchange

of information by electronic means between Member States under

Chapter VI of Directive 20061123/EC of the European Parliament and

of the Council on services in the internal market, a competent

authority shall exchange requests and information with the relevant

competent authority of another Member State through the Internal

Market Information System hereinafter referred to as "IMI".

(2) In terms of Commission Decision 2008/49/EC concerning

the implementation of the Internal Market Information System (lMI)

as regards the protection of personal data, the national 1M! actors

shall be

(a)

the competent authorities that shall each be

considered as a "competent authority" within the meaning of

article 7 of the Act;

(b)

the Commerce Department that shall be appointed as

the National IMI Coordinator (NIMIC) within the meaning of

article 8 of the Act;

(c)

the ministries under whose remit the competent

authorities referred to under paragraph (a) fall that shall be

appointed as Delegated IMI Coordinators (DIMICs) within the

meaning of article 8 of the Act.

(3) Natural persons working under the direct control of

nationallMI actors only, herein referred to as IMI users, may use the

1M!.

(4) Pursuant to Article 1 (2) of Commission Decision 20091

739IEC, the national IMI coordinator shall also be designated as the

liaison point as provided in Article 28(2) of Directive 2006/123IEC.

(5) The use of the IMI by national IMI actors and users shall

be in conformity with Commission Decisions 2008/49/EC and 20091

739IEC

Provided that the national IMI coordinator may, after

VERZJONIELETTRONlKA

consulting with other national 1M! actors, and with the approval of

the Minister, establish a national code of operation and practice to

better implement the functions, roles, rights and obligations

emanating from the above-mentioned Commission Decisions and the

general functioning and co-ordination of IMI use in Malta.

The Malta Enterprise shall be the designated entity

responsible for the administrative and operational set-up of the Point

of Single Contact, including its co-ordination with the competent

authorities and other bodies established under other laws in fulfilment

of the functions assigned to it by the Act.

The body responsible for consumer protection shall be

responsible to ensure that the rights of recipients and potential

recipients of a service shall not be subjected to discriminatory

requirements mentioned under article 9(a) of the Act.

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