Social Value ("116" Numbering Range) Regulations, 2021

L.N. 378 of 2021

ELECTRONIC COMMUNICATIONS (REGULATION) ACT

(CAP. 399)

Emergency Communications, the Single European Emergency Call

Service ("112" Number) and the European Harmonised Services of

Social Value ("116" Numbering Range) Regulations, 2021

IN EXERCISE of the powers conferred by article 47 of the

Electronic Communications (Regulation) Act, the Minister for the

Economy and Industry, after consultation with the Malta

Communications Authority, has made the following regulations:-

PART I

PRELIMINARY

(1) The title of these regulations is Emergency Citation and

Communications, the Single European Emergency Call Service ("112" scope.

Number) and the European Harmonised Services of Social Value

("116" Numbering Range) Regulations, 2021.

(2) These regulations transpose articles 96, 109 and 110 of

Directive (EU) 2018/1972 of the European Parliament and of the

Council of 11 December 2018 establishing the European Electronic

Communications Code.

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

on 24th September 2021.

(Regulation 2)

The public bodies listed hereunder shall be responsible for and,

or undertake the functions listed in this Schedule

Provisions for

which the

Responsible

Competent

Competent

Service Name

Number

Ministry

Public Body

Public Body is

Responsible

Ministry

responsible for

Single

Home Affairs,

Malta Police

Regulations 3

European

National

Force

to 6

emergency

Security and Law

call service

Enforcement

Ministry

Regulations 7

responsible for

to 9 in so far as

Missing

Home Affairs,

Malta Police

these relate to

children

116000

National

Force

the missing

hotline

Security and Law

children

Enforcement

hotline

Ministry

Regulations 7

responsible for

Foundation

to 9 in so far as

the Family,

for Social

these relate to

Child helpline

116111

Children’s

Welfare

the child

and hotline

Rights and

Services

helpline and

Social Solidarity

hotline

Ministry

Regulations 7

responsible for

to 9 in so far as

Emotional

the Family,

Aġenzija

these relate to

Support

116123

Children’s

Appoġġ

the helpline

Helpline

Rights and

for emotional

Social Solidarity

support

Ministry for

Ministry

Home

responsible for

Affairs,

Public

Home Affairs,

National

Regulation 10

warning

n/a

National

Security and

systems

Security and Law

Law

Enforcement

Enforcement

€0.72

(1)

In these regulations, unless the context otherwise Interpretation.

requires

"the Act" means the Electronic Communications Cap. 399.

(Regulation) Act, and includes any regulations made thereunder;

"the Authority" means

the

Malta

Communications

Authority established under

the

Malta

Communications Cap. 418.

Authority Act;

"competent public body" means any such public body or

bodies as the Minister may after consultation with the Minister

responsible for such public body and with the Authority,

designate in the Schedule in accordance with his powers under

article 47 of the Act, to be responsible or to undertake any or all

of the functions stated in these regulations

Provided that, the Minister may designate different

public bodies to be responsible and, or to undertake the different

functions stated in these regulations;

"harmonised service of social value" means a service,

pursuant to the European Commission Decision 2007/116/EC of

15 February 2007, meeting a common description that shall be

accessed by individuals by them using a free of charge number,

which is potentially of value to visitors from other countries and

which answers a specific social need, in particular which

contributes to the well-being or safety of citizens, or particular

groups of citizens, or helps citizens in difficulty;

"the Minister" means the Minister responsible for

communications;

"number-based interpersonal communications service"

means an interpersonal communications service which connects

with publicly assigned numbering resources, namely, a number

or numbers in national or international numbering plans, or

which enables communication with a number or numbers in

national or international numbering plans

Provided that, the mere use of a number as an

identifier should not be considered to be equivalent to the use of

a number to connect with publicly assigned numbers and should

therefore, in itself, not be considered to be sufficient to qualify as

a number-based interpersonal communications service;

"provider" means, unless the context otherwise requires, a

provider of a publicly available number-based interpersonal

communications services.

(2) Unless otherwise stated in these regulations, the definitions

in the Act shall apply in these regulations.

Part II

The Single European Emergency Call Service ("112" Number)

(1) The competent public body shall ensure that all

emergency communications to the single European emergency number

"112" are appropriately answered and handled in the manner best

suited to the national organisation of emergency systems. Such

emergency communications shall be answered and handled at least as

expeditiously and effectively as emergency communications to the

national emergency number or numbers where such number or

numbers continue to be in use.

(2) A provider whose services allow end-users to originate

calls to a number in a national or international numbering plan,

including users of public pay telephones, shall provide access to the

emergency services through the most appropriate PSAP. Such access

shall be provided through emergency communications free of charge

and without having to use any means of payment, by using the single

European emergency number "112" and any national emergency

number as may be specified by the Authority.

(3) The competent public body shall promote the access to

emergency services through the single European emergency number

"112" from electronic communications networks which are not

publicly available, but which enable calls to public networks, in

particular when the undertaking responsible for that network does not

provide an alternative and easy access to an emergency service.

(1) The competent public body shall take measures to Measures for

ensure that access for end-users with disabilities to emergency services end-users

disabilities.

is available through emergency communications and is equivalent to

that enjoyed by other end-users, in accordance with European Union

law harmonising accessibility requirements for products and services.

(2) The competent public body shall ensure that end-users with

disabilities, whilst travelling in Malta, are able to access emergency

services on an equivalent basis with other end-users, where feasible

without any pre-registration. In doing so the competent public body

shall seek to ensure interoperability across Member States which shall

be based, to the greatest extent possible on European standards or

specifications published in accordance with the provisions of Article

39 of Directive (EU) 2018/1972 of the European Parliament and of the

Council of 11 December 2018 establishing the European Electronic

Communications Code.

(3) The competent public body before taking any measures

under this regulation shall first consult the Authority.

(1) A provider shall ensure that caller location Caller location

information is made available to the most appropriate PSAP without information.

delay after emergency communication is set up. This shall include

network-based location information and, where available, handset-

derived caller location information.

(2) A provider shall ensure that the establishment and the

transmission of the caller location information are free of charge for

the end-user and for the PSAP, with regard to all emergency

communications to the single European emergency number "112" and

to any national emergency number as may be specified by the

Authority

Provided that, the Authority may, after consultation with

BEREC and any other competent public body if necessary, establish

the criteria for the accuracy and reliability of the caller location

information provided.

The competent public body shall ensure that end-users

are adequately informed about the existence and use of the single

European emergency number "112" as well as its accessibility

features, including through initiatives specifically targeting persons

travelling between Member States and end-users with disabilities.

Such information shall be provided in accessible formats, addressing

different types of disabilities.

Part III

European Harmonised Services of Social Value

("116" Numbering range)

(1) In this Part "service" refers to those harmonised

services of social value utilising Harmonised European Short Codes

("HESC") as established by the Authority.

(2) The competent public body under this Part shall, as a

minimum, ensure that

(a) the service provides information, or assistance, or a

reporting tool to end-users, or any combination thereof;

(b) the service is open to all end-users without any

requirement of prior registration;

(c)

the service is not time-limited;

(d)

the service is free of charge; and

(e)

the following activities are excluded during a call

(i)

advertisement;

(ii)

entertainment;

(iii) marketing and selling; and

(iv) using the call for the future selling of

commercial services.

(3)

The competent public body shall ensure that it allocates the

necessary resources to operate the service. In doing so, the competent

public body shall take such measures as necessary in the

circumstances.

(1) The competent public body shall take measures to Measures for

ensure that the service under this Part is, to the greatest extent end-users

disabilities.

possible, provided to end-users with disabilities.

(2) Measures taken to facilitate access by end-users with

disabilities to such a service whilst travelling in Malta, shall be based

on compliance with relevant standards or specifications laid down in

accordance with Article 39 of Directive (EU) 2018/1972 of the

European Parliament and of the Council of 11 December 2018

establishing the European Electronic Communications Code.

The competent public body shall ensure that end-users are Provision of

adequately informed of the existence and use of the service provided information.

under the "116" numbering range.

Part IV

Public warning system

(1) By 21 June 2022 providers of mobile number-based Public warning

interpersonal communications services shall ensure that when public in

emergencies etc.

warning systems regarding imminent or developing major emergencies

and disasters are in place, public warnings are transmitted to the end-

users concerned.

(2) The competent public body responsible for the public

warning system shall determine the expenses incurred by a provider in

relation to the transmission of a public warning either through its

mobile number based interpersonal communications service or any

other equivalent public warning system in accordance with sub-

regulation (3), which expenses shall be refunded by it to the aforesaid

provider. In doing so the aforesaid competent public body shall act on

the basis of transparent and non-discriminatory criteria and shall in all

instances motivate its decisions. Such expenses shall cover any

additional infrastructure necessary by the provider beyond the

provision of its commercial services and the operational expenses

incurred.

(3) Notwithstanding sub-regulation (1), the competent public

body may determine that public warnings be transmitted through

(a) publicly available electronic communications

services other than those referred to in sub-regulation (1) and

other than broadcasting services; or

(b)

a mobile application relying on an internet access

service

Provided that, the effectiveness of the public warning

system is equivalent in terms of coverage and capacity to reach end-

users, including those that are only temporarily present in the area

concerned, taking utmost account of BEREC guidelines

Provided further that, in taking any such measures in

accordance with this sub-regulation the competent public body shall

consult with the Authority, and where necessary with other public

bodies.

Part V

Miscellaneous

Each competent public body which under these regulations

is responsible for the performance of any function, by the end of

September of each year, shall submit to the Minister responsible for

that competent public body, a report of its activities undertaken in

accordance with these regulations, which report shall be Tabled before

the House of Representatives

Provided that, the Minister concerned may from time to

time require any information as he may consider necessary from such

aforesaid competent public body.

Unless stated otherwise in these regulations, the Authority

shall be responsible in ensuring that providers comply with the

provisions of these regulations, and to that purpose may take any such

regulatory measures in accordance with its powers at law.

The Single European Emergency Call Service (‘112’

number) and the European Harmonised Services of Social Value

(‘116’ numbering range) Regulations are hereby repealed, this without

prejudice to the validity of anything done or still to be done under the

said regulations.