S.L. 399.48 ст. 22Procedure for the consistent application of remedies. Cap. 418.

(1) Where an intended measure covered by regulation

21(1) aims to impose, amend or withdraw an obligation on an undertaking according to regulations 48 or 54 in conjunction with regulations 56 to 63 and regulation 70, the European Commission may, within the one month period referred to in regulation 21(1), notify the Authority and BEREC of its reasons for considering that the draft measure would create a barrier to the internal market or of its serious doubts as to its compatibility with European Union law. In such a case, the draft measure shall not be adopted for a further three months following the notification by the European Commission:

Provided that in the absence of such notification, the Authority may adopt the draft measure, taking utmost account of any comments made by the European Commission, BEREC or any other national regulatory authority.

(2) Within the three month period referred to in sub-regulation (1), the European Commission, BEREC and the Authority shall cooperate closely to identify the most appropriate and effective measure in light of the objectives laid down in article 4 of the Act, whilst taking due account of the views of market participants and the need to ensure the development of consistent regulatory practice.

(3) Within six weeks from the beginning of the three month period referred to in sub-regulation (1), BEREC shall issue an opinion on the notification by the European Commission referred to in sub-regulation (1), indicating whether it considers that the draft measure should be amended or withdrawn and, where appropriate, provide specific proposals to that end. In that opinion reasons therefor shall be provided and shall be made public.

(4) If in its opinion, BEREC shares the serious doubts of the European Commission, BEREC shall cooperate closely with the Authority to identify the most appropriate and effective measure. Before the end of the three month period referred to in sub-regulation (1), the Authority may either:

(a) amend or withdraw its draft measure taking utmost account of the notification by the European Commission referred to in sub-regulation (1) and of the opinion of BEREC; or

(b) maintain its draft measure.

(5) The European Commission may, within one month following the end of the three month period referred to in sub-regulation (1) and taking utmost account of the opinion of BEREC, if any:

(a) issue a recommendation requiring the Authority to amend or withdraw the draft measure, including specific proposals to that end and providing reasons for its recommendation, in particular where BEREC does not share the serious doubts of the Commission;

(b) take a decision to lift its reservations indicated in accordance with sub-regulation (1); or AND SERVICES (GENERAL)

(c) for draft measures falling under regulations 48(4) or 63(3), take a decision requiring the Authority to withdraw the draft measure, where BEREC shares the serious doubts of the European Commission, accompanied by a detailed and objective analysis of why the European Commission considers that the draft measure should not be adopted, together with specific proposals for amending the draft measure, subject to the procedure referred to in regulation 21(5), which shall apply mutatis mutandis.

(6) Within one month of the European Commission issuing the recommendation in accordance with paragraph (a) of sub-regulation (5) or lifting its reservations in accordance with paragraph (b) of sub-regulation (5), the Authority shall communicate to the European Commission and to BEREC the adopted final measure:

Provided that such period may be extended to allow the Authority to undertake a public consultation in accordance with article 4A of the Malta Communications Authority Act.

(7) Where the Authority decides not to amend or withdraw the draft measure on the basis of the recommendation issued under paragraph (a) of sub-regulation (5), it shall give its reasons therefor.

(8) The Authority may withdraw the proposed draft measure at any stage of the procedure.