S.L. 399.48 ст. 15Information request to undertakings.

(1) The Authority may require undertakings providing electronic communications networks and services, associated facilities, or associated services, to provide all the information, including financial information, necessary for the Authority and BEREC to ensure conformity with the provisions of, or decisions or opinions adopted in accordance with, the Electronic Communications Code, the Act, these regulations and Regulation (EU) 2018/1971:

Provided that the Authority shall have the power to require such undertakings to submit information concerning future network or service developments that could have an impact on the wholesale services that they make available to competitors, as well as any information on electronic communications networks and associated facilities, which is disaggregated at local level and sufficiently detailed to enable the geographical survey and designation of areas in accordance with regulation 17.

(2) If the Authority considers that the information collected in accordance with sub-regulation (1) is insufficient for the Authority and, or BEREC to carry out their regulatory tasks under European Union law, the Act or these regulations, such information may be required from other relevant undertakings active in the electronic communications or closely related sectors. AND SERVICES (GENERAL)

(3) The Authority may require undertakings designated as having significant market power on wholesale markets to submit accounting data on the retail markets that are associated with those wholesale markets.

(4) The Authority may request information pursuant to any of its regulatory tasks at law from the single information points established pursuant to Directive 2014/61/EU.

(5) Any request for information made in accordance with this regulation shall be proportionate to the performance of the task being undertaken by the Authority, or BEREC as the case may be, and shall be reasoned.

(6) An undertaking shall provide any information requested in accordance with this regulation, promptly and in accordance with the timescales and level of detail required by the Authority.

(7) The Authority shall provide the European Commission, after a reasoned request, with the information necessary for the European Commission to carry out its tasks under the TFEU. The information requested by the European Commission shall be proportionate to the performance of those tasks:

Provided that where the information provided refers to information previously provided by undertakings at the request of the Authority, such undertakings shall be informed accordingly by the Authority:

Provided further to the extent necessary and unless the Authority has made an explicit and reasoned request to the contrary, the European Commission shall make the information provided available to any other such authority in another Member State.

(8) Subject to the requirements of sub-regulation (9), the Authority shall ensure that the information submitted to it can be made available to another such authority in Malta or in another Member State and to BEREC, after a substantiated request, where necessary to allow either authority, or BEREC, to fulfil its responsibilities under European Union law.

(9) Where information gathered pursuant to sub-regulation (1), including information gathered in the context of a geographical survey, is considered to be confidential by the Authority in accordance with European Union and national rules on commercial confidentiality, the European Commission, BEREC and any other competent authorities concerned shall ensure such confidentiality:

Provided that such confidentiality shall not prevent the sharing of information between the Authority, the Commission, BEREC and any other competent authorities concerned in a timely manner for the purposes of reviewing, monitoring and supervising the application of the Electronic Communications Code, the Act and these regulations.

(10) Acting in accordance with national rules on public access to information and subject to European Union and national rules on commercial confidentiality and protection of personal data, the Authority shall publish information that contributes to an open and competitive market:

Provided that in doing so the Authority shall also publish the terms of public access to such information including the procedures for obtaining such access.