Commercialisation of Sports Facilities Regulations, 2017

L.N. 160 of 2017

SPORTS ACT

(CAP. 455)

Commercialisation of Sports Facilities Regulations, 2017

IN exercise of the powers conferred by article 6(1)(e), (s) and (t)

and 53 of the Sports Act, the Minister of Education and Employment,

after consultation with SportMalta, has made the following

regulations:-

(1)

The title of these regulations

is

the

Commercialisation of Sports Facilities Regulations, 2017.

(2) The purpose of these regulations is to establish the criteria

on the basis of which a sports organisation may be granted the right to

carry out commercial activity within a sports facility.

(3) These regulations shall be deemed to have come into force

on 1st January, 2017.

In these regulations, unless the context otherwise requires

"Act" means the Sports Act;

"Appeals Panel" means the Commercial Sports Facilities

Appeals Panel established under regulation 3;

"applicant" means the sports organisation applying with the

Commission for permission to carry out commercial activity within a

sports facility;

"club" means a sports organisation registered as a sports person

with SportMalta and being also a member of a sports person

registered with SportMalta as a national association or federation;

"commercial area" means the designated area of the sports

facility which shall be used exclusively for the commercial activity

according to these regulations;

"commercial activity" means any type of commercial activity

according to law, excluding the operation of nightclubs, gambling

shops, hotels and residential units, except hostels, and any other

commercial activity which the Commission deems not fit to be found

within a sports facility;

"Commission"

means

the

Commercial

Sports

Facilities

Commission established under regulation 3;

"floorspace" means the total area of the built structure deriving

from the computed aggregate of all floors within the structure,

measured from the external face of the development’s walls (or in the

case of party walls measured up to half the width of such walls),

including all internal and usable external spaces, such as balconies,

terraces and gardens;

"footprint" means the total area delineated by the perimeter of a

site and shall be taken to include all outer spaces, which area is

measured from the external face of the walls (or in the case of party

walls measured up to half the width of such walls);

"SportMalta" means the body established in accordance with

article 4 of the Act;

"sports area" means the designated area of the sports facility

which shall be used exclusively for the practice of the sporting

discipline for which the sports organisation is registered with

SportMalta;

"sports facility" means an immovable property, falling under the

definition of sports facility under Part IV of the Act, which

immovable property has been transferred by title of temporary

emphytheusis for a period of forty-nine years to a sports organisation;

"sports organisation" means a national association, national

federation, football club or aquatic sports club, registered as a sports

person in the Register of Sports Persons according to Part VII of the

Act;

"Technical Committee" means a committee which is made up of

a perit, an accountant, an advocate and two other persons. All

members of the committee shall have experience in sports

administration;

"Undesirable Person" means a person who

(a)

has

been

convicted

of

a

crime,

wherever

committed

(i) against the safety of the Government in terms

of articles fifty-five, fifty-six, fifty-seven, fifty-eight and

fifty-nine, of the Criminal Code,

(ii) against public safety in terms of articles 311,

312, 313, 314, 315, 316 and 317of the Criminal Code, or Cap.9.

(iii) specified in the Schedule to the Extradition

Act, and liable to a term of imprisonment of more than

three years;

(iv) against the Prevention of Money Laundering

(v) in violation of the articles 307, 308, 309, 310,

311, 312, 313, 314, 315of the Companies Act, or in

violation of article 191 of the Criminal Code;

(vi) against Sub-Titles IVA and B of Title IX of

Part II of Book First of the Criminal Code;

(vii) against the laws or by the courts of another

country with respect to the crimes substantially equivalent

to those specified in sub-paragraphs (i), (iv) and (v).

(b)

is the subject of sanctions or restrictions issued by

the United Nations, the European Union or other international

governmental body of which Malta is a member and which are

adopted or applied by the Government in terms of the National

Interest (Enabling Powers) Act, and, or other applicable law,

and this for such time as such sanctions remain in force;

(c)

is the subject of an international arrest warrant or

of a European Arrest Warrant or is otherwise wanted by

INTERPOL or by another equivalent trans-national police

organisation, and this for such time as he so remains;

(d)

is insolvent or bankrupt and unable to pay his debts

as they fall due;

(e)

being a legal entity, the director, the administrator

or other officer or the controlling shareholder of which is

(i)

an Undesirable Person, or

(ii) in case of a director or officer, disqualified to

be a director of a company in terms of the Companies Act

or of a similar law of a jurisdiction of which the director or

officer is a national or a resident and this for as long as

such person remains so disqualified.

There is hereby established a Commission to be

known as the Commercial Sports Facilities Commission which shall

consist of a Chairperson and a minimum of three and a maximum of

five other members nominated by the Minister from amongst persons

with expertise in the field of sport administration in Malta.

(2) One of the members of the Commission referred to in sub-

regulation (1) shall be nominated by the Lands Authority.

(3)

The Commission shall have the following functions

(a)

supervising the correct implementation of these

regulations;

(b)

evaluating, approving or rejecting applications

made under these regulations;

(c)

monitoring the performance of the commercial

activities being carried out by sports organizations within sports

facilities; and

(d)

ensuring that the objectives of these regulations

are being achieved.

(4) There is also hereby established an Appeals Panel to be

known as the Commercial Sports Appeals Panel.

(5) The Appeals Panel shall consists of a Chairperson who

shall be a retired Judge or a retired Magistrate or person who has

practised the profession of Advocate for at least twelve years and a

minimum of three and a maximum of five other members.

(6) (a)

The Chairperson of the Appeals Panel shall be

appointed by the Minister responsible for Sport;

(b) The members of the Appeals Panel shall be appointed by

the Minister responsible for Sport from amongst persons with

expertise in sport administration in Malta.

(7) The Appeals Panel shall hear and decide appeals made by

sports organizations from the refusal of applications by the

Commission.

(1)

Għandha tiġi stabbilita’ Kummissjoni li tkun Twaqqif tal-

imsejħa il-Kummissjoni tal-Faċilitajiet Sportivi Kummerċjali u li Kummissjoni

jew tal-Bord tal-

għandha tkun tikkonsisti minn Chairperson u minimu ta’ tlett membri Appell.

u massimu ta’ ħames membri oħra nominati mill-Ministru minn fost

persuni b’kompetenza fil-qasam tal-amministrazzjoni tal-isport

f’Malta.

(2) Wieħed mill-membri tal-Kummissjoni msemmi fis-

subregolament (1) għandu jkun nominat mill-Awtorità tal-Artijiet.

(3) Il-Kummissjoni għandu jkollha l-funzjonijiet li ġejjin

(a)

tissorvelja l-implimentazzjoni korretta ta' dawn ir-

regolamenti;

(b)

tevalwa, tapprova, jew tiċħad l-applikazzjonijiet

magħmula taħt dawn ir-regolamenti;

(ċ)

timmoniterja

l-prestazzjoni

tal-attivitajiet

kummerċjali li jkunu qed jitwettqu mill-organizzazzjonijiet

sportivi fil-faċilitajiet sportivi; u

(d)

li tiżgura li l-objettivi ta’ dawn ir-regolamenti qed

jintlaħqu.

(4) Għandu jiġi stabbilit Bord tal-Appelli li jkun imsejjaħ il-

Bord tal-Appelli tal-Faċilitajiet Sportivi Kummerċjali.

(5) Il-Bord tal-Appelli għandu jkun kompost minn

Chairperson li għandu jkun Imħallef irtirat jew Maġistrat irtirat jew

persuna li tkun ipprattikat il-professjoni ta’ Avukat għal mill-inqas

tnax-il sena u minimu ta' tlett membri u massimu ta' ħames membri

oħra.

(6) (a)

Iċ-Chairperson tal-Bord tal-Appelli għandu jkun

appuntat mill-Ministru responsabbli għall-isport;

(b)

Il-membri tal-Bord tal-Appelli għandhom ikunu

appuntati mill-Ministru responsabbli għall-isport minn fost persuni

b’kompetenza fil-qasam tal-amministrazzjoni tal-isport f’Malta.

(7) Il-Bord tal-Appelli għandu jisma' u jiddeċiedi appelli

magħmula mill-organizzazzjonijiet sportivi dwar iċ-ċaħda tal-

applikazzjonijiet mill-Kummissjoni.

(1)

A sports organisation shall apply to the Application for

Commission in order to be able to carry out commercial activity in a Commercialisati

on of a Sports

sports facility. A sports organisation may carry out commercial Facility.

activity solely upon being granted a permit by the Commission,

following the submission of an application under sub-regulation (2).

(2) The application for the commercialisation of a sports

facility shall, on pain of nullity, contain the following

(a)

the name, registration number as a sports person

and official address of the applicant;

(b)

a list of all committee members of the sports

organisation, with clear indication as to the responsibility held

by each committee member;

(c)

a signed declaration as to who are the legal

representatives of the sports organisation;

(d)

a detailed written explanation of the type of

commercial activity proposed to be carried out within the sports

facility by the applicant;

(e)

a business plan that explains in detail the expense

estimated in order to start the commercial activity within the

sports facility, how such estimated expense will be financed,

plans for the repayment of the expenses, the estimated revenue

that will be generated by the commercial activity and an

detailed explanation on how the sports organisation will benefit,

from a sporting perspective, from the commercial activity;

(f)

a plan made by a Perit that identifies the area of the

sports facility that shall be used as the ‘sports area’ and the

‘commercial area’, with a declaration on what will be the

number of square metres which shall be used as the ‘sports area’

and the ‘commercial area’ respectively, that contains all

necessary designs and plans on how the sports facility is going

to be structured, including both commercial and sports areas.

The proposed ‘sports area’ shall never be less in size than the

area which is currently being used exclusively for the practice

of the sporting discipline for which the sports organisation is

registered with SportMalta;

(g)

a signed declaration on the estimated time for the

completion of any infrastructural works that are to be carried

out in the sports facility prior to the start of the commercial

activity;

(h)

a certified true copy of any contract made with a

third-party operator according to regulation 7;

(i)

all documents proving that all physical persons

forming part of the committee of the sports organisation and all

physical persons being the members, directors, shareholders

and; or ultimate beneficial owners of any third-party operator,

which can be both a physical person or a legal person, that has

entered into a development and management agreement with the

sports organisation according to regulation 7 fulfil the criteria

set out in sub-regulation 7(4);

(j)

a sworn declaration made by the legal

representatives of the sports organisation confirming that the

application is being made by the sports organisation according

to these regulations and that the sports organisation is aware of

and understands all its rights and obligations according to these

regulations.

(2) Upon receipt of an application by a sports organisation the Appointment

Commission shall, forward a copy of such application and all and

Technical

attached documents to SportMalta and to the Lands Authority, and Committee.

check and confirm that the application is complete and appoint a

Technical Committee, which shall have the following duties

(a)

to evaluate the application and carry out all the

necessary work to assess whether the estimates, plans and

designs presented should lead to the infrastructural, financial

and sporting growth of the sports organisation and to verify that

time-frames proposed are realistic;

(b)

to provide advice to the applicant on any

amendments to be made to the application for the purpose of

improving it;

(c)

to request the Lands Authority to determine the

established market value of the land over which the sports

facility is built and determine the ground-rent and prospective

rates to be paid over the commercial area according to

regulation 6;

(d)

to evaluate whether the sports organisation, or a

proposed third-party operator, are financially capable to start the

commercial activity and whether they are financially viable to

manage and sustain a prolonged commercial operation;

(e)

to present a final report to the Commission at the

end of the evaluation process containing detailed reasons as to

whether the Commission should accept or refuse the application

and setting out all the conditions under which the sports facility

is to be commercialised.

(4) A Technical Committee shall be formed every time the

Commission receives an application by a sports organisation. When

an application is presented by a national association or federation the

Technical Committee shall be appointed by the Commission, whereas

when an application is presented by a club, the Commission shall

instruct the national association or federation in which such club is a

member to appoint two persons to the Technical Committee, whereas

the Commission shall appoint an advocate, perit and an accountant to

the Technical Committee.

(5) Upon receipt of the final report from the Technical

Committee, the Commission shall, if it is convinced that the

commercial activity proposed by the sports organisation in the

application will lead to the infrastructural, financial and sporting

growth of the sports organisation, issue a certificate to the sports

organisation granting it permission to commercialise the sports

facility according to the conditions set out in the final report

Provided that the Commission shall not be bound to abide

by the conclusions of the Technical Committee against its own

conviction, and may reject in whole or in part any recommendation of

the Technical Committee

Provided further that in its decision the Commission may

impose any condition it feels appropriate on any third-party operator

participating in the project of the sports organisation.

(6) Should the Commission, after receiving the final report

from the Technical Committee, refuse the application, then the sports

organisation shall have the right to appeal the decision of the

Commission, to the Appeals Panel within seven (7) days from the

notification of the reasoned decision for refusal of the application by

the Commission to the sports organisation.

(7) When in receipt of an appeal from a decision of the

Commission by a sports organisation, the Appeals Panel shall

convene one hearing, not later than thirty (30) days from the receipt

of the appeal, in order to hear the appellant sports organisation and

the Commission.

(8) The Appeals Panel shall notify its motivated decision on

the appeal to the parties within fifteen (15) days of the last hearing of

the appeal.

(9) The decision of the Appeals Panel shall be final and

binding.

(10) The Commission shall notify SportMalta of all permissions

granted by the Commission, in the first instance, or the Appeals

Panel, following an appeal, and shall forward all documents to

SportMalta.

(1)

Upon being notified by the Commission that

permission has been granted to a sports organisation for the

commercialisation of a sports facility, and the documents related to

the case are received, SportMalta and the sports organisation shall

draw up a public deed for the concession of the same sports facility to

the sports organisation.

(2) The said public deed shall, apart from the formalities

prescribed by law for all public deeds, shall, include the following

(a)

the new term for the temporary emphytheusis

which shall never exceed sixty-five (65) years from the date of

the original deed;

(b)

a declaration as to the total footprint in square

metres of the sports facility;

(c)

a declaration as to the current market value of the

land over which the sports facility is built and the prospective

rates to be paid on the floorspace of the commercialised area;

(d)

a declaration stating that the designated sports area

shall be used exclusively for the practise of the sporting

discipline for which the sports organisation is registered with

SportMalta, whereas the designated commercial area shall be

used exclusively for the operation of the commercial activity

within the sports facility;

(e)

a declaration as to the precise footprint in square

metres of the minimum designated sports area and the

maximum designated commercial area;

(f)

the establishment of any terms of payment to be

made by the sports organisation for the designated sports area

and for the designated commercial area;

(g)

a declaration as to the identity of the third-party

operator which has been approved by the Commission to

develop and, or manage the commercial activity in the sports

facility, with the relevant contract presented with the application

to the Commission being attached to the public deed;

(h)

any recommendation that the Technical Committee

has made in its final report;

(i)

an attached site-plan which clearly indicates which

part of the sports facility shall be used as the sports area and

which part shall be used as the commercial area;

(j)

a declaration stating that the sports organisation,

and the third-party operator, if any, recognise and are bound by

these regulations and shall forward all necessary documentation

requested by SportMalta for monitoring purposes, and be liable

to the sanctions prescribed by regulation 9 should it, or the

third-party operator be in breach of contract or of these

regulations.

(3) Any public deed concluded for the purposes of these

regulations shall include a condition to the effect that the conditions

stipulated in these regulations shall form an integral part of and shall

bind the parties to the public deed.

(4) Any modification to the public deed which the national

association or federation or a club would wish to introduce to the said

public deed shall obtain the approval of the Commission prior to that

modification taking place.

(1)

The established value of the land over which the

sports facility is built, and the rates payable on the floorspace of the

commercial area, shall be determined by the Lands Authority, which

shall take into account the value of the contribution to the increase in

value of the land made by infrastructural improvements carried out by

the sports organisation over the years during which it had

administered the sports facility.

(2) The annual ground-rent over the footprint and the rates to

be paid on the designated floorspace of the commercial area shall be

set at fifty percent of the annual ground-rent and rates established

according to sub-regulation (1) above.

(3) The annual ground-rent to be paid on the designated sports

area shall be equivalent to five percent of the annual ground-rent

established according to sub-regulation (1).

(4) Payment of the annual ground-rent by the sports

organisation for the sports facility shall start being due upon the

publication of the public deed according to regulation 5

Provided that the rates payable on the floorspace of the

commercial area shall start being paid as from the first day in which

the operation of the commercial activity starts

Provided further that if the commercial activity does not

start within five years from the publication of the public deed

according to regulation 5 the authorised commercialisation of the

sport facility shall lapse the public deed in respect thereof shall be

rescinded at the request of SportMalta.

(5) Should the commercial activity approved by the Development

Commission require infrastructural works for the start of the permits.

operation of that commercial activity, then all necessary development

permits according to law are to be obtained by the sports organisation

prior to the carrying out of such infrastructural works.

(1)

A sports organisation applying for permission to Third-party

carry out commercial activity under these regulations, may enter into operators.

a contract with a third-party operator for the development and; or the

management of the commercial activity within the sports facility.

(2) A third-party operator that enters into a contract with a

sports organisation under these regulations, shall be solely

responsible for the commercial area and the commercial activity

within the sports facility for the duration of the agreement with the

sports organisation.

(3) The third-party operator shall be

(a)

a legal person established by the sports

organisation to develop and manage the commercial activity

which is wholly owned by the sports organisation; or

(b)

a legal person established jointly by the sports

organisation and another legal person which is not a sports

organisation; or

(c)

a legal person which is not a sports organisation

and has no connection to the sports organisation other than its

contractual relationship therewith in respect of the commercial

activity.

(4) A third-party operator shall not be recognised by the

Commission unless the contract between the sports organisation and

the third-party operator according to this regulation is filed with the

application according to sub-regulation 4(2)(i).

(5) The sports organisation shall carry out all necessary steps

and collect all necessary documentation to prove to the Commission

that the owners, members, directors and/or ultimate beneficial owners

of the third-party operator are not undesirable persons and that an

appropriate level of due diligence has been carried out in relation

thereto.

(6) A contract of between a sports organisation and a third-

party operator for the development and, or the management of the

commercial activity within the sports facility, according to sub-

regulation (1), shall contain the following minimum requirements

(a)

the name and address of the legal person that will

be the third-party operator;

(b)

the names, addresses and details of all the physical

persons forming part of the third-party operator, being owners,

members, directors and. or ultimate beneficial owners of the

third-party operator;

(c)

the term of the contract which shall never exceed

the term of the emphytheusis granted to the sports organisation;

(d)

a clear explanation as to what shall be the role of

the third-party operator in the development and management of

the commercial activity within the sports facility;

(e)

if the third-party operator is to carry out any

infrastructural works, how these are going to be funded and how

it will deal with the financial risks involved;

(f)

if the third-party operator is to manage the

operation of the commercial activity, how this operation is

going to be run and how it will deal with the financial risks

involved;

(g)

an explanation as to how the sports organisation

will benefit from the contract with the third-party operator from

an infrastructural, financial and sporting perspective;

(h)

a declaration as to any amount of money that will

be paid by the third-party operator to the sports organisation

party for the concession of the development and management of

the commercial area and the commercial activity within the

sports facility, how payments are to be effected, and what steps

are to be taken should the third-party operator not effect such

payments on time;

(i)

a declaration by the third-party operator that it is

accepting responsibility for

(i) any sanction for non-compliance with these

regulations or with the terms imposed by the Commission;

(ii) the suspension or closing down of the

commercial activity for non-compliance with these

regulations;

(j)

an explanation as to what will happen should the

third-party operator be in breach of the contract due to the

abandonment of the development and, or management of the

commercial activity within the sports facility or due to the third-

party operator ceasing to exist;

(k)

A declaration by the third-party operator that it is

accepting

joint and several liability with the sports

organisation for all obligations over the commercial area which

the sports organisation has with SportMalta.

(7) The sports organisation may enter into a contract on the

commercial area in the sports facility only with one third-party

operator at a time and with the express approval of the Commission.

No party may invoke any disposition of such contract against the

government or other public authorities

Provided that the third-party operator may enter into an

agreement with another third-party operator who is not a sports

organisation and has no connection to the sports organisation, for the

development and, or management of any part of the commercial area

Provided further that the other third-party may not enter

into further agreements with other third-parties for the development

and, or management of that part of the commercial area

Provided further that if a contract, which contract had been

approved by the Commission, is terminated, the sports organisation

may enter into a new contract with another third-party operator only

after obtaining approval from the Commission, and such agreement

contains the minimum requirements set-out in sub-regulation (5) and

is filed with the Commission.

(8) When the contract between the sports organisation and the

third-party operator is terminated, for any reason, the commercial

area shall revert to the sports organisation. The sports organisation

shall have the right to close down the commercial area if it reaches an

agreement with the Commission that the sports organisation is not in

a position to continue the operation of the commercial activity within

the sports facility.

The development and the management of the commercial Financing.

activity may be financed directly by the sports organisation, by the

third-party operator or by any financial institution which is licensed

to provide such funds

Provided that neither the sports organisation, nor the third-

party operator may burden the sports facility with any form of pledge,

antichresis, privilege or hypothec servitude or other burden of a

similar nature.

(1)

At the end of every calendar year, the sports

organisation, or the third-party operator, being the party that is

managing the commercial area, shall send to the Commission a

report, called the ‘Annual Report’, containing the following

(a)

audited financial statements on the financial

performance of the commercial area, and the financial benefit

received by the sports organisation, in the current year;

(b)

a budget with clear estimates as to expected

financial targets, revenues and costs, and expected financial

benefit to be received by the sports organisation, in the

following year;

(c)

an administrative report signed by all members of

the sports organisation detailing the enhancement of the sports

area in the past year through funds received from the

commercial area. Such enhancement need not be only in the

infrastructure of the sports facility but also may include

upgrades in the level of sports technical staff.

(2) Upon receipt of the Annual Report the Commission shall

forward a copy of such report to SportMalta and to the Lands

Authority.

(3) Both SportMalta or the Commission may at any time

during the year request interim reports on the financial or

infrastructural performance of the sports facility in respect of any

time during the year whenever they feel that targets established with

the sports organisation or the third-party operator at the beginning of

the year are not being reached.

(4) Should the sports organisation, or the third-party operator,

not submit the Annual Report by the end of January following the end

of the year when the report was due then the sports organisation, or

the third-party operator, shall pay an administrative penalty of ten

thousand euro (€10,000)

Provided that if the sports organisation, or the third-party

operator, does not submit the Annual Report by the end of the

following February, then SportMalta, may suspend the permission to

carry out commercial activity granted to the sports organisation in its

sports facility granted by the Commission according to regulation 4.

(5) When it is established that the sports organisation, or the

third-party operator, managing the commercial area, is

(a)

engaging in any criminal activity within the

commercial area; or is tolerating such activity; or

(b)

engaging in any commercial activity for which the

Commission had not granted permission according to regulation

4; or

(c)

declared bankrupt; or

(d)

in breach of any regulation of these regulations, or

of any condition made by the Commission when permission to

carry out commercial activity was granted according to

regulation 4; or

(e)

repeatedly not paying the ground-rent on the sports

facility or the rates payable due on the commercial area on time,

then SportMalta may suspend the permission to carry out

commercial activity granted to the sports organisation in its

sports facility granted by the Commission according to

regulation 4.

(6) Whenever SportMalta suspends the permission to carry out

commercial activity granted to a sports organisation in its sports

facility according to sub-regulations (4) or (5) above, SportMalta

shall immediately notify the Commission and the Lands Authority of

such decision.

(7) Whenever the Commission receives notification under

sub-regulation (5) it shall investigate the matter, and within fifteen

(15) days take a decision, in writing, on whether to lift the

suspension, prolong the suspension until conditions for the lifting of

the suspension made by the Commission to the sports organisation or

the third-party operator, as the case may be, are met, or withdraw

definitively the permission to carry out commercial activity within

the sports facility granted to the sports organisation under regulation

4. (8) Decisions taken by the Commission to prolong a

suspension, or withdraw permission definitively may be appealed by

the sports organisation or third-party operator, as the case may be,

within seven (7) days from the decision of the Commission, by

written appeal to the Appeals Panel.

(9) The Appeals Panel shall take a decision on such an appeal

within sixty (60) days from notification of the appeal to all parties.

The decision of the Appeals Panel shall be final and binding.

(10) Any suspension of the permission to carry out commercial

activity decided upon by SportMalta or the Commission under this

regulation may be lifted by the body that has taken the decision to

issue the suspension, whenever it is satisfied that the sports

organisation or the third-party operator, as the case may be, has cured

its default.

(1)

SportMalta has the authority to withhold partially,

or in whole, funding or other non-financial support to national

associations and any other sporting bodies over which it has authority

that do not endorse and comply with these regulations.

(1)

All information provided by the sports organisation

to the Commission under these regulations shall be maintained in strict

confidence at all times subject only to the legal obligations of the

Commission

(2) The Commission shall publish annually, a general

statistical report of its activities during the previous calendar year by

April of the following year with a copy provided to SportMalta and the

Lands Authority.

(3) The Commission may collect, store, process or disclose

personal information relating to any person where necessary and

appropriate to conduct its activities under these regulations, according

to the Data Protection Act.

The Commission may from time to

time

issue

commentaries implementing procedures and guideline.

€1.35