BROADCASTING AUTHORITY (ENFORCEMENT POWERS) REGULATIONS

BROADCASTING AUTHORITY (ENFORCEMENT POWERS)

SUBSIDIARY LEGISLATION 350.12

BROADCASTING AUTHORITY

(ENFORCEMENT POWERS) REGULATIONS

29th December, 2005

LEGAL NOTICE 263 of 2006, as amended by Legal Notice 326 of 2010.

The title of these regulations is the Broadcasting Authority

(Enforcement Powers) Regulations.

In these regulations, unless the context otherwise requires -

"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 3h and 3i

and articles 10 to 20 of the Audiovisual Media Services Directive,

Directive 2007/65/EC of the European Parliament and of the

Council of 11 December 2007 amending Council Directive 89/552/

EEC on the coordination of certain provisions laid down by law,

regulation or administrative action in Member States concerning

the pursuit of television broadcasting activities published in the

Official Journal of the European Union on 18 December 2007 (L

332/27);

"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

thereu nder an d of Regul ation 2006 /200 4, the Br oadcasting

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

BROADCASTING AUTHORITY (ENFORCEMENT POWERS)

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.