MT
EMERGENCY COMMUNICATIONS, THE SINGLE EUROPEAN EMERGENCY CALL SERVICE ("112" NUMBER) AND THE EUROPEAN
Table of Provisions (14)
Statutory Text (14 Articles)
EUROPEAN EMERGENCY CALL SERVICE ("112"
NUMBER) AND THE EUROPEAN HARMONISED
SERVICES OF SOCIAL VALUE
("116" NUMBERING RANGE)
SUBSIDIARY LEGISLATION 399.47
EMERGENCY COMMUNICATIONS, THE SINGLE
EUROPEAN EMERGENCY CALL SERVICE
("112" NUMBER) AND THE EUROPEAN
HARMONISED SERVICES OF SOCIAL VALUE
("116" NUMBERING RANGE) REGULATIONS
24th September, 2021
LEGAL NOTICE 378 of 2021, as amended by Legal Notice 80 of
2023. PART I
PRELIMINARY
(1)
The title of these regulations is Emergency
Communications, the Single European Emergency Call Service ("112"
Number) and the European Harmonised Services of Social Value
("116" Numbering Range) Regulations.
(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.
Substituted by
L.N. 80 of 2023.
(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
Single
Ministry
responsible
Regulations 3
European
responsible for
for home
to 6
emergency call
home affairs
affairs
service
Regulations 7
Ministry
to 9 in so far as
Missing
Malta Police
responsible for
these relate to
children
116000
Force
home affairs
the missing
hotline
children hotline
Regulations 7
Foundation
to 9 in so far as
Ministry
for Social
these relate to
Child helpline
responsible for
116111
Welfare
the child
and hotline
social welfare
Services
helpline and
hotline
Regulations 7
to 9 in so far as
Ministry
Emotional
Aġenzija
these relate to
responsible for
support
116123
Appoġġ
the helpline for
social welfare
helpline
emotional
support
Regulations 7
to 9 in so far as
Ministry
Victim
Helpline for
these relate to
responsible for
Support
victims of
116006
the helpline for
home affairs
Agency
crime
victims of
crime
Ministry
Ministry
responsible
Public warning
responsible for
Regulation 10
n/a
for home
systems
home affairs
affairs
EUROPEAN EMERGENCY CALL SERVICE ("112"
NUMBER) AND THE EUROPEAN HARMONISED
SERVICES OF SOCIAL VALUE
("116" NUMBERING RANGE)
(1)
In
these
regulations,
unless
the
context
otherwise requires
"the Act" means the Electronic Communications
(Regulation) Act, and includes any regulations made
thereunder;
"the Authority" means the Malta Communications
Authority established under the Malta Communications
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
EUROPEAN EMERGENCY CALL SERVICE ("112"
NUMBER) AND THE EUROPEAN HARMONISED
SERVICES OF SOCIAL VALUE
("116" NUMBERING RANGE)
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 CALL SERVICE ("112"
NUMBER) AND THE EUROPEAN HARMONISED
SERVICES OF SOCIAL VALUE
("116" NUMBERING RANGE)
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
ensure that access for end-users with disabilities to emergency services
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
information is made available to the most appropriate PSAP without
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.
EUROPEAN EMERGENCY CALL SERVICE ("112"
NUMBER) AND THE EUROPEAN HARMONISED
SERVICES OF SOCIAL VALUE
("116" NUMBERING RANGE)
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 ensure that the service under this Part is, to the greatest extent
EUROPEAN EMERGENCY CALL SERVICE ("112"
NUMBER) AND THE EUROPEAN HARMONISED
SERVICES OF SOCIAL VALUE
("116" NUMBERING RANGE)
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 adequately informed of the existence and use of the service
provided under the "116" numbering range.
Part IV
Public warning system
(1)
By 21 June 2022 providers of mobile number-
based interpersonal communications services shall ensure that when
public 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
incurredb.
(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-
EUROPEAN EMERGENCY CALL SERVICE ("112"
NUMBER) AND THE EUROPEAN HARMONISED
SERVICES OF SOCIAL VALUE
("116" NUMBERING RANGE)
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.
EUROPEAN EMERGENCY CALL SERVICE ("112"
NUMBER) AND THE EUROPEAN HARMONISED
SERVICES OF SOCIAL VALUE
("116" NUMBERING RANGE)