Investigations Regulations

L.N. 264 of 2021

COMPETITION ACT

(CAP. 379)

Immunity from Penalties and Reduction of Penalties in Cartel

Investigations Regulations

IN EXERCISE of the powers conferred by articles 33(2)(c) and

(d) of the Competition Act, the Minister responsible for tourism and

consumer protection, following consultation with the Board of

Governors of the Malta Competition and Consumer Affairs Authority,

has made the following regulations:-

The title of these regulations is the Immunity from

Penalties and Reduction of Penalties in Cartel Investigations

Regulations, 2021.

(1) For the purposes of these regulations, unless the

context otherwise requires

" "the Act" means the Competition Act

"applicant" means an undertaking within the meaning of

article 2 of the Act which is party to an alleged secret cartel,

including participants in a cartel, whether or not active on the

same market, which contributes to the implementation of a cartel

in a subsidiary, accessory or passive role, and which,

independently of the other undertakings involved in the cartel,

applies for immunity from penalties and, or a reduction of

penalties in exchange for the voluntary provision of

presentations regarding its knowledge of and role in the alleged

secret cartel by submitting a leniency application to the Director

General

Provided that the term "applicant" shall also include

an association of undertakings which performs an economic

activity on its own behalf where it participates in an alleged

secret cartel on its own behalf and not on behalf of its members;

"cartel" means an agreement or concerted practice between

two or more competitors aimed at coordinating their competitive

behaviour on the market or influencing the relevant parameters

of competition, through practices such as, but not limited to, the

fixing or coordination of purchase or selling prices or other

trading conditions, including in relation to intellectual property

rights, the allocation of production or sales quotas, the sharing of

markets and customers, including bid-rigging, restrictions of

imports or exports or anti-competitive actions against other

competitors;

"Directive" means Directive (EU) 2019/1 of the European

Parliament and of the Council of 11 December 2018 to empower

the competition authorities of the Member States to be more

effective enforcers, and to ensure the proper functioning of the

internal market;

"inspection" means an inspection under article 12(7) of the

Act;

"leniency" means immunity from penalties or a reduction in

the amount of the penalty which would otherwise have been

requested by the Director General to be imposed on an

undertaking on account of its participation in a secret cartel, in

order to reward it for its cooperation with the Office within the

framework of these regulations;

"leniency application" means an application for leniency

which is submitted to the Director General and consists of a

leniency statement made by the applicant and any pre-existing

information submitted with or attached to it;

"leniency statement" means an oral or written presentation

voluntarily provided by, or on behalf of an undertaking to the

Director General, or a record thereof, describing the knowledge

of that undertaking of an alleged secret cartel and describing its

role therein, which presentation was drawn up specifically for

submission to the Office under these regulations, with a view to

obtaining immunity from or a reduction of penalties, not

including evidence that exists irrespective of the investigation by

the Office, whether or otherwise such information is found in the

file of the Office, namely pre-existing information;

"penalties" means any penalty that may be imposed by the

Court in terms of article 21(1) of the Act;

"secret cartel" means a cartel the existence of which is

partially or wholly concealed, in particular whereby elements of

the cartel that make the full extent of the conduct more difficult

to detect are not known to the public or the customers or

suppliers"."

(2)

Other terms used in these regulations shall have the same

meaning as assigned to them in the Act.

(1) These regulations transpose the provisions of Chapter

VI of Directive (EU) 2019/1 of the European Parliament and of the

Council of 11 December 2018 to empower the competition authorities

of the Member States to be more effective enforcers and to ensure the

proper functioning of the internal market.

(2) These regulations provide for a leniency programme in

relation to the application of article 5 of the Act and, or of Article 101

of the TFEU, on the basis of which a participant in an alleged secret

cartel, independently of the other undertakings involved in the cartel,

cooperates with an investigation of the Office by voluntarily providing

presentations regarding that participant’s knowledge of and role in the

alleged cartel, in return for which the participant receives immunity

from, or a reduction of, penalties which would otherwise have been

requested by the Director General to be imposed by the Court in terms

of article 21(1) of the Act on account of its involvement in the cartel.

(3) These regulations shall only apply to secret cartels, and any

reference to a "cartel" in these regulations shall be construed

accordingly.

(1) Any undertaking which fulfils the conditions laid

down in regulation 5(1) shall be eligible for immunity from penalties,

with the exception of undertakings that have taken steps to coerce

other undertakings to join a secret cartel or to remain in it.

(2) Notwithstanding the preceding sub-regulation, an

undertaking that took steps to coerce other undertakings to join a

secret cartel or to remain in it shall not be excluded from benefiting

from a reduction of penalties.

(1) The Director General shall grant immunity from

penalties by refraining from requesting the Court to impose a penalty

on an applicant for leniency in terms of article 12A of the Act which

discloses its participation in a secret cartel to the Office where the

following conditions are met

(a)

the applicant is the first to submit evidence which

(i) at the time the Office receives the leniency

application, enables the Director General to file a request

for a warrant in terms of article 12(7) of the Act to carry out

a targeted inspection in connection with the alleged secret

cartel, provided that the Director General did not yet have

in his possession sufficient evidence to file a request for

such a warrant, or had not already carried out such an

inspection; or

(ii) in the view of the Director General, is sufficient

for him to find an infringement of article 5 of the Act and,

or of Article 101 of the TFEU in connection with the

alleged secret cartel, provided that the Director General did

not yet have in his possession sufficient evidence to find

such an infringement and that no undertaking previously

qualified for immunity from penalties under the preceding

sub-paragraph in relation to that secret cartel; and

(b) the applicant fulfils the conditions laid down in

regulation 10.

(2) An applicant who submits evidence to benefit from

immunity from penalties in terms of the preceding sub-regulation shall

provide the Director General with such evidence to the extent that this,

in the view of the Director General, would not jeopardize the

inspections.

(3) The decision of the Director General to grant immunity

from penalties to an applicant for leniency who satisfies the conditions

laid down in sub-regulation (1) shall be made exclusively on the basis

of the type and quality of the evidence and information submitted by

the applicant, irrespective of whether an inspection was actually

conducted or successful.

(1) Subject to the provisions of regulation 14, where Only one

more than one applicant submits a leniency application, the Director applicant

benefit from

General shall assess the applications in the order in which they have immunity

penalties.

been submitted

Provided that information submitted in hypothetical terms

pursuant to regulation 16 shall not be eligible for any order of

classification in terms of this sub-regulation

Provided further that only the first applicant who fulfils the

conditions laid down in regulation 5(1) may benefit from immunity

from penalties.

(2) Where a leniency application meets the conditions for

immunity from penalties, any applications of other applicants shall be

assessed in the order in which they have been submitted for a possible

reduction of penalties in accordance with the provisions of regulation

8, unless the applicant has specified that his application is to be

considered exclusively for immunity from penalties.

(3)

Where the Director General rejects an application for

immunity from penalties, the applicant concerned may request that the

Office considers its application as an application for a reduction of

penalties.

(1) Where the Director General receives a leniency

application, he shall promptly assess the evidence submitted in support

of the application in order to ascertain whether the applicant satisfies

the conditions laid down in sub-paragraphs (i) or (ii) of paragraph (a)

of regulation 5(1).

(2) If an applicant is the first to satisfy the conditions referred

to in the preceding sub-regulation, the Director General shall grant the

applicant conditional immunity from penalties and shall refrain from

considering any other applications for immunity from penalties before

he would have taken a final decision on that application. The Director

General shall verbally inform the applicant, as soon as reasonably

possible, of whether he has been granted conditional immunity from

penalties, unless the applicant has requested that he shall be informed

in writing.

(3) Subject to the first proviso of sub-regulation (2) of regulation

11, the granting of conditional immunity pursuant to the preceding

sub-regulation shall provide assurance to the applicant that the

Director General shall grant the applicant immunity from penalties if,

at the end of the investigation, the Director General concludes that the

applicant has also satisfied the conditions set out in regulation 10.

(1) Applicants who do not qualify for immunity from

penalties pursuant to regulation 5(1), may nonetheless benefit from a

reduction of penalties, subject to the provisions of this regulation.

(2) In order to qualify for a reduction of penalties, an applicant

for leniency shall

(a)

disclose his participation in an alleged secret cartel;

(b) submit evidence of the alleged secret cartel which, in

the view of the Director General, represents significant added

value for the purpose of proving an infringement of article 5 of

the Act and, or of Article 101 of the TFEU to the evidence

already in the possession of the Office at the time of the leniency

application; and

(c)

fulfil the conditions laid down in regulation 10.

(3) For the purposes of paragraph (b) of the preceding sub-

regulation, the Director General shall consider that

(a) written evidence originating from the period of time

to which the facts pertain shall have a greater value than

evidence subsequently established;

(b) incriminating compelling evidence which is directly

relevant to the facts in question, such as written statements,

email correspondence between the cartel members and other

written documents relevant for the establishment of the facts and

circumstances of the case and duration of a cartel, shall have a

greater value than evidence which is indirectly relevant; and

(c) compelling evidence shall have a greater value than

evidence such as statements of cartel members which if

contested require corroboration.

(1) Where the Director General concludes that a leniency Levels of

applicant qualifies for a reduction of penalties pursuant to regulation 8, reduction.

he shall in proceedings instituted pursuant to article 12A of the Act

request the Court to impose a penalty of a specific amount on the

applicant, calculated in accordance with article 21(1) of the Act, which

shall be reduced in accordance with the following levels of reduction

(a) for the first undertaking to provide significant added

value, a reduction of thirty to fifty per centum (30-50%);

(b) for the second undertaking to provide significant

added value, a reduction of twenty to thirty per centum (20-

30%);

(c) for subsequent undertakings that provide significant

added value, a reduction of up to twenty per centum (20%)

Provided that in specific cases in which the added

value of the information or evidence submitted by an applicant is

extraordinarily high, the Director General may, in his discretion,

request the Court to impose a penalty which is reduced by a

higher percentage than the scales specified in this sub-regulation.

(2) In order to determine the applicable level of reduction

within each range referred to in the preceding sub-regulation, the

Director General shall take into account the time at which the evidence

referred to in paragraph (b) of regulation 8(2) was submitted and the

extent to which that evidence represents significant added value when

compared to the evidence which is already in the possession of the

Office at the time of the leniency application.

(3) Where an applicant submits compelling evidence as

referred to in regulation 8(3), which the Director General uses to prove

additional facts which lead to an increase in the requested amount of

the penalties to be imposed as compared to the amount of the penalties

that would otherwise have been requested to be imposed on the

participants in an alleged secret cartel, the Director General shall not

take such additional facts into account when establishing the amount

of the penalty to be requested to be imposed by the Court on the

applicant who provided such evidence.

(1) Without prejudice to regulations 5(1) and 8(2), in

order to qualify for leniency pursuant to these regulations, an applicant

shall

(a) end its involvement in the alleged secret cartel, at the

latest immediately following its application, save to the extent

that its continued involvement would, in the view of the Director

General, be reasonably necessary to preserve the integrity of the

investigations;

(b) co-operate genuinely, fully, on a continuous basis and

expeditiously with the Office from the time of its application

until the Court has concluded its proceedings by issuing a

judgement against all parties who are subject to proceedings

instituted pursuant to the relevant provisions of the Act by

delivering judgement, or until the Office or the Court have

otherwise terminated their investigation or proceedings

respectively; and

(c) prior to making the leniency application to the Office

the applicant shall not have

(i) destroyed, falsified or concealed any evidence

of the alleged secret cartel; or

(ii) disclosed its intention to submit a leniency

application to the Office, or any of the contents of the

envisaged application, to any third party other than

competition authorities or competition authorities of a third

country.

(2) The co-operation referred to in paragraph (b) of the

preceding sub-regulation shall include

(a) providing the Office promptly with all relevant

information and evidence relating to the alleged secret cartel that

comes into the applicant’s possession or is accessible to it and

any other relevant information and evidence which may come

into the applicant’s possession or under its control at a later date,

in particular

(i)

the name and address of the applicant,

(ii) the names of all other undertakings that

participate or participated in the alleged secret cartel,

(iii) a detailed description of the alleged secret

cartel, including the affected products, the affected

territories, the duration and the nature of the alleged secret

cartel conduct, and

(iv) information on any past or possible future

leniency applications made to any other competition

authorities or competition authorities of third countries in

relation to the alleged secret cartel;

(b) remains at the disposal of the Office to reply to any

requests for information that may contribute to the establishment

of facts;

(c) ensures that directors, managers and other members

of staff are available for interviews with the Director General

and making reasonable efforts to ensure that former directors,

managers and other former members of staff are available for

interviews with the Director General;

(d) does not destroy, falsify, or conceal relevant

information or evidence;

(e) does not disclose to any third party, other than a

competition authority or competition authority of a third country,

the fact or any of the contents of its leniency application before a

sworn application has been filed under the Act and it has been

served on the undertakings and, or association of undertakings

under investigation by the Office, unless otherwise agreed with

the Director General.

(1) Subject to the first provisos of sub-regulations (2) or The final

(3), as the case may be, the Director General shall take a final decision decision

grant of leniency

regarding the leniency application at the end of the investigation and at investigation.

shall verbally inform the applicant thereof as soon as reasonably

possible, but by no later than the date when a sworn application is filed

in respect of the infringement in question pursuant to article 12A of the

Act, unless the applicant has requested to be informed of the decision

in writing.

(2) Where the Director General concludes that the applicant

meets the conditions laid down in regulation 5(1), he shall grant the

applicant immunity from penalties

Provided that notwithstanding anything contained in any

other law, if during the proceedings before the Court the applicant fails

to continue to cooperate with the Office in terms of regulation

10(1)(b), the Director General may file an application requesting the

Court to impose a penalty on the applicant pursuant to article 21(1) of

the Act and may indicate a specific amount of the penalty for this

purpose

Provided further that the period of prescription laid down in

article 26A of the Act for the filing of such an application shall

commence to run on the day when the Director General considers that

the applicant has failed to co-operate with the Office.

(3) Where the Director General concludes that the applicant

meets the conditions laid down in regulation 8(2), he shall, request the

Court to impose a reduced penalty on that applicant within a specified

scale as provided in regulation 9, in proceedings instituted pursuant to

article 12A of the Act

Provided that notwithstanding anything contained in any

other law, if during the proceedings before the Court the applicant fails

to continue to cooperate with the Office in terms of regulation

10(1)(b), the Director General may file an application requesting the

Court to impose a higher penalty pursuant to article 21(1) of the Act

and he may indicate a specific amount of the penalty for this purpose

Provided further that the period of prescription laid down in

article 26A of the Act for the filing of such application shall

commence to run on the day when the Director General considers that

the applicant has failed to co-operate with the Office.

(1) An applicant shall submit a leniency statement in

relation to a full or summary application for leniency either in writing

delivered to the address of the Office by hand, or by registered mail in

a sealed envelope or by email

Provided that an applicant may also submit a leniency

statement in oral form by making a personal statement to the Director

General, which shall be recorded in any form deemed appropriate by

the said Director General, or by any other means as may be indicated

by the Office that permit applicants not to take possession, custody or

control of such submitted statements

Provided further that an oral statement shall only be

accepted by the Director General following a prior appointment with

the applicant set by telephone or by email

Provided further that a hypothetical application submitted

in terms of regulation 16 may not be submitted to the Office by making

an oral statement.

(2) Pre-existing information and documents relating to an

application for leniency shall be submitted in writing to the address of

the Office by hand, by registered mail in a sealed envelope, or by

email, or by any other means as may be indicated by the Office, either

together with the leniency statement, or as soon as reasonably

possible, after the submission of the leniency statement

Provided that where a leniency statement is made orally the

applicant shall, as soon as reasonably possible thereafter, provide the

Office with copies of all pre-existing information and documents

relating to the cartel.

(3) If so requested by the applicant, the Office shall

acknowledge the receipt of the full or summary application in writing,

and shall indicate the date and time of receipt.

(4) A leniency statement shall be submitted in the Maltese or

English language or in any other official language of the European

Union as may be agreed between the Director General and the

applicant on a case-by-case basis.

(1)

A leniency application may only be withdrawn by the Withdrawal of an

application.

applicant

(a) prior to a decision by the Director General to grant

conditional immunity from penalties pursuant to regulation 7 or;

(b) within eight (8) days following notification of the

Director General’s final decision not to grant immunity from

penalties to the applicant pursuant to regulation 11(1).

(2) Where an application is withdrawn pursuant to the

preceding sub-regulation, the application as well as any evidence

submitted by the applicant, together with any copies thereof, shall be

returned promptly to the applicant

Provided that the withdrawal shall not prejudice the

investigative powers of the Office under the Act in relation to the

secret cartel in question.

(1) An undertaking wishing to apply for leniency may Markers for

where it so requests, at the discretion of the Director General, be applications

leniency.

initially granted a place in the queue for leniency, for a period to be

specified on a case-by-case basis by the Director General permitting

the applicant to gather the necessary information and evidence that

meets the requirements of paragraph (a) of regulation 5(1) or of

paragraph (b) of regulation 8(2), as the case may be.

(2) An undertaking submitting a request for a marker pursuant

to the preceding sub-regulation shall provide such information, as may

be required by the Director General, including where available

(a)

the name and address of the applicant;

(b)

the basis for the concern which led to the request;

(c) the names of all other undertakings that participate or

participated in the alleged secret cartel;

(d)

the affected products and territories;

(e)

the duration and the nature of the alleged secret cartel

conduct;

(f) information on any past or possible future leniency

applications made to any other competition authorities or

competition authorities of third countries in relation to the

alleged secret cartel.

(3) Any information and evidence provided by the applicant

within the period specified pursuant to sub-regulation (1), shall be

deemed to have been submitted at the time of the initial request.

(4) A request pursuant to sub-regulation (1) shall be submitted

in the Maltese or English language or in any other official language of

the European Union, as may be agreed between the Director General

and the applicant on a case-by-case basis.

(1) Where an applicant has already submitted a leniency

application to the European Commission which covers more than three

Member States as affected territories, either by applying for a marker

or by submitting a full application in relation to the same alleged secret

cartel, such applicant may submit a summary application for leniency

to the Director General.

(2) A summary application pursuant to the preceding sub-

regulation shall consist of a short description of each of the following

(a)

the name and address of the applicant;

(b)

the names of other parties to the alleged secret cartel;

(c)

the affected products and territories;

(d)

the duration and the nature of the alleged secret cartel

conduct;

(e) the Member State where the evidence of the alleged

secret cartel is likely to be located; and

(f) information on any past or possible future leniency

applications made to any other competition authorities or

competition authorities of third countries in relation to the

alleged secret cartel.

(3) Where the European Commission receives a full

application and the Director General receives a summary application

in relation to the same alleged cartel, the European Commission shall

be the main interlocutor of the applicant until the European

Commission informs the Office that it intends to pursue the case in

whole or in part. During this period, the Director General may request

the European Commission to inform him about the state of play of its

investigations

Provided that in such cases, the Director General may

request the applicant to provide specific clarifications only regarding

the items referred to in sub-regulation (2), before the said Director

General requires the submission of a full application pursuant to sub-

regulation (5).

(4) When the Director General receives a summary

application, he shall verify whether he has already received a full or a

summary application for leniency from another applicant in relation to

the same alleged secret cartel at the time of receipt of such application.

If the Director General did not receive such an application from

another applicant and he considers the summary application to fulfil

the requirements referred to in sub-regulation (2), he shall inform the

applicant accordingly.

(5) Without prejudice to the right of the applicant to

voluntarily submit a full application to the Director General at an

earlier stage, where the European Commission informs the Office that

it does not intend to pursue the case in whole or in part, the Director

General shall promptly inform the applicant that a full application for

leniency may be submitted, specifying a reasonable time-period within

which the applicant is to submit such full application together with the

corresponding evidence and information

Provided that the Director General may, in exceptional

cases where strictly necessary for case delineation or case allocation,

request the applicant to submit a full application before the said

European Commission has informed the Office that it does not intend

to pursue the case in whole or in part.

(6) Where an applicant submits a full application in accordance

with the preceding sub-regulation within the time-period specified by

the Director General, the full application shall be deemed to have been

submitted at the time of the summary application, provided that the

said summary application covers the same affected product and

territory, as well as the same duration of the alleged secret cartel, as the

leniency application filed with the European Commission, which may

have been updated.

(1) A prospective applicant intending to apply for

immunity from penalties may initially present any information to the

Director General concerning an alleged secret cartel in hypothetical

terms, in which case the said prospective applicant shall present a

detailed descriptive list of the evidence which is proposed to be

disclosed at a later date to be agreed with the Director General.

(2) The list referred to in the preceding sub-regulation shall

accurately reflect the nature and content of the evidence to be

disclosed and shall clearly identify the product or service concerned by

the alleged cartel, the geographic scope and the estimated duration of

the alleged cartel whilst safeguarding the hypothetical nature of the

information. Copies of documents, from which sensitive parts have

been redacted, may be used to illustrate the nature and content of the

evidence

Provided that the identity of the prospective applicant and

of other undertakings involved in the alleged cartel need not be

disclosed until the evidence described in a hypothetical application is

submitted

Provided further that where the prospective applicant

intends to remain anonymous until the disclosure of the evidence, a

contact person who shall communicate with the Director General until

such date shall be designated by the applicant.

(3) Upon receipt of hypothetical information as referred to in

sub-regulation (1), the Director General shall assess whether the nature

and content of the evidence described in the detailed list is liable to

meet the conditions set out in sub-paragraph (i) or (ii) of paragraph (a)

of regulation 5(1), and shall inform the prospective applicant or his

contact person accordingly

Provided that such preliminary analysis shall not prejudice

the Director General’s eventual decision on the leniency application

which will be taken following the submission of all evidence by the

applicant.

(4) Following the disclosure of the evidence by the applicant,

where the Director General determines that such evidence corresponds

to the description provided in the list referred to in sub-regulation (1),

and that it meets the conditions set out in sub-paragraph (i) or (ii) of

paragraph (a) of regulation 5(1), he shall grant the applicant

conditional immunity from penalties pursuant to regulation 7.

(1) Current and former directors, managers and other Interplay

members of staff of an applicant for immunity from penalties to the between

applications for

Office or any other competition authority, shall not incur any sanctions immunity

fines and

imposed in criminal proceedings in relation to their involvement in the sanctions

natural persons.

secret cartel covered by the application for immunity from penalties,

for violations of any Maltese law that might pursue predominantly the

same objectives to those pursued by Article 101 of the TFEU if they

meet the conditions set out in paragraph 1 of Article 23 of the

Directive and actively cooperate with the Office and, or with the

Police, as the case may be

Provided that if the condition of cooperation is not fulfilled,

the Office and, or the Police, as the case may be, may proceed with the

investigation against such individuals.

(2) In order to ensure the full effectiveness of the protection

from sanctions referred to in the preceding sub-regulation to function

in situations where more than one jurisdiction is involved, the Office

shall actively cooperate by ensuring the necessary contacts as required

by paragraph 4 of Article 23 of the Directive.

(3) This regulation is without prejudice to the rights of victims

who have suffered harm caused by an infringement of competition law

to claim full compensation for that damage in accordance with

Directive 2014/104/EU.

(1) Access to leniency statements submitted pursuant to Access to

these Regulations shall only be granted to the parties subject to the leniency

statements.

relevant investigation by the Office, or are subject to proceedings

which have been instituted before the Court under the relevant

provisions of the Act, or who are party to any proceedings before the

Court of Appeal instituted in terms of article 13B of the Act, and

exclusively for the purposes of exercising their rights of defence.

(2) A party who has obtained access to the file concerning

investigations by the Office and, or concerning proceedings before the

Court or the Court of Appeal may only use information taken from

leniency statements, where necessary to exercise his rights of defence

in any proceedings before the courts of Malta, in cases that are directly

related to the case in respect of which access has been granted, and

only where such proceedings concern

(a) the allocation between cartel participants of a penalty

imposed jointly and severally on them by the Court; or

(b) an appeal before the Court of Appeal instituted in

terms of article 13B of the Act from a judgement of the Court

finding an infringement of articles 5 and, or 9 of the Act or of

Articles 101 and, or 102 of the TFEU.

(3) Leniency statements submitted pursuant to these

Regulations shall only be exchanged by the Office with other national

competition authorities, pursuant to Article 12 of Regulation (EC) No

1/2003, either

(a)

with the consent of the applicant for leniency; or

(b) where the national competition authority receiving

the leniency statement has also received a leniency application

relating to the same infringement from the same applicant as that

before the Office, provided that, at the time that the leniency

statement is transmitted by the Office, it is not open to the

applicant to withdraw the information which has been submitted

by the applicant to the national competition authority receiving

the leniency statement.

(4) The form in which leniency statements are submitted

pursuant to regulation 12 shall neither affect the application of the

preceding sub-regulations and nor that of article 12D of the Act.

(5) Any party who has obtained access to a leniency statement

pursuant to sub-regulation (1) or (2), and their legal counsel shall bind

themselves not to make any copies thereof by mechanical or electronic

means of a leniency statement.

In the event of conflict or incompatibility between the

Maltese and English language versions of these regulations, the

English language version shall prevail.

€0.1.35