Coming into force of new legislation in the communications sector

Date: 17/9/2004
Issued On: 17/9/2004

The Communication Laws (Amendment) Act, 2004 (Act No VII of 2004) amending the Malta Communications Authority Act (Cap. 418); the Telecommunications (Regulation) Act (Cap. 399); the Postal Services Act (Cap. 254); the Utilities and Services (Regulations of Certain Works) Act (Cap. 81); the Malta Maritime Authority Act (Cap. 352); the Electronic commerce Act (Cap. 426); the Wireless Telegraphy Ordinance (Cap. 49); and the Broadcasting Authority Act (Cap. 350) passed by the House of Representatives on 26th July 2004 is now in force with effect from 14th September 2004. L.N. No 411 of 2004).

Consequently, the Electronic Communications Networks and Services (General) Regulations, 2004 were issued and published in the Government Gazette (L.N. 412 of 2004) on 14th September 2004 and are also in force as from the same date. (L.N. 413 of 2004).

The new legal framework which applies to the electronic communications sector completes the transposition of the remaining elements of the EU framework by transposing the following directives:

• Directive Number 2002/19/EC of the European Parliament and of the Council of the 7th March, 2002 on access to, and interconnection of, electronic communications networks and associated facilities;

• Directive Number 2002/20/EC of the European Parliament and of the Council of the 7th March, 2002 on the authorisation of electronic communications networks and services;

• Directive Number 2002/21/EC of the European Parliament and of the Council of the 7th March, 2002 on a common regulatory framework for electronic communications networks and services;

• Directive Number 2002/22/EC of the European Parliament and of the Council of the 7th March, 2002 on universal service and user’s rights relating to electronic communications networks and services.

• EU framework also includes Directive Number 2002/58/EC of the European Parliament and of the Council of the 12th July, 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector which had been transposed into local legislation (LN 16/2003 and LN 19/2003) last year.

Various regulations relating to the telecommunications sector issued under legal notices 219 of 1998, 220 of 1998 278 of 1998, 1701 of 1999, 151 of 2000, 167 of 20021, 195 of 2001, 231 of 2002 and 202 of 2003 are now repealed
(L.N. 410 of 2004).