S.L. 379.10 Art. 12Form of applications.

(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. PENALTIES IN CARTEL INVESTIGATIONS