S.L. 399.48 чл. 55Imposition, amendment or withdrawal of obligations. Cap. 81. S.L. 586.01. Cap. 418. Cap. 418.

(1) Where an undertaking is designated as having significant market power on a specific market as a result of a market analysis carried out in accordance with regulation 54, the Authority shall, as it considers appropriate, impose the obligations set out in regulations 56 to 61 and 63 to 67.

(2) In accordance with the principle of proportionality, the Authority shall choose the least intrusive way of addressing the problems identified in the market analysis.

(3) The Authority shall impose the obligations set out in regulations 56 to 61 and 63 to 67 only on undertakings that have been designated as having significant market power in accordance with sub-regulations (1) and (2), without prejudice to:

(a) regulations 48 and 50;

(b) article 4A of the Utilities and Services (Regulation of Certain Works) Act, regulation 13, Condition 7 in Part D of the First Schedule as applied by virtue of regulation 7(1), regulations 83 and 94 and the relevant provisions as contained in Part XIII and in the Processing of Personal Data (Electronic Communications Sector) Regulations containing obligations on undertakings other than those designated as having significant market power; or

(c) the need to comply with international commitments.

(4) In exceptional circumstances, where the Authority intends to impose on undertakings designated as having significant market power obligations for access or interconnection other than those set out in regulations 56 to 61 and 63 to 67, the Authority shall submit a request to the European Commission.

(5) Any obligations imposed in accordance with this regulation shall be: AND SERVICES (GENERAL)

(a) based on the nature of the problem identified by the Authority in its market analysis, where appropriate taking into account the identification of transnational demand pursuant to regulation 53;

(b) proportionate, having regard, where possible, to the costs and benefits;

(c) justified in light of the objectives laid down in article 4 of the Act; and

(d) imposed following consultation in accordance with article 4A of the Malta Communications Authority Act and regulation 21.

(6) In relation to the need to comply with international commitments referred to in sub-regulation (3), the Authority shall notify decisions to impose, amend or withdraw obligations on undertakings to the European Commission, in accordance with the procedure referred to in regulation 21.

(7) The Authority shall consider the impact of new market developments, such as in relation to commercial agreements, including co-investment agreements, influencing competitive dynamics. If such developments are not sufficiently important to require a new market analysis in accordance with regulation 54, the Authority shall assess without delay whether it is necessary to review the obligations imposed on undertakings designated as having significant market power and amend any previous decision, including by withdrawing obligations or imposing new obligations, in order to ensure that such obligations continue to meet the conditions set out in sub-regulation (5):

Provided that such amendments shall be imposed only after consultations in accordance with article 4A of the Malta

Communications Authority Act and regulation 21.