European Electronic Communications Framework: Transposition of the European Electronic Communications Code (EECC)

The Ministry for the Economy and Industry herein proposes to amend the Malta Communications Authority Act (‘Cap. 418’), the Utilities and Services (Regulation of Certain Works) Act (‘Cap. 81’), the Electronic Communications (Regulation) Act (‘Cap. 399’) and the Single European Emergency Call Service (‘112’ number) and the European Harmonised Services of Social Value (‘116’ numbering range) Regulations (‘S.L. 399.43’). The Ministry also proposes the making of new regulations entitled Electronic Communications Networks and Services (General) Regulations that will replace the current Electronic Communications Networks and Services (General) Regulations (‘S.L. 399.28’).

This set of laws seek to transpose the revised European Union (‘EU’) electronic communications framework now reflected in the EECC which came into force in December 2018. The EECC is a revision of the EU regulatory framework for electronic communications which underpins the regulation of the electronic communications sector in Malta.

We look forward to receiving your comments so that the implementation of the EECC into Maltese law, whilst fully reflective of the EU norms, caters for national requirements and is forward looking.

Overview of the EECC

The core objectives of the EECC are to: 

•      promote investment in very high capacity networks and services through sustainable competition;
•      support efficient and effective use of radio spectrum;
•      maintain the security of networks and services; and
•      provide a high level of consumer protection.​ 

The EECC also sets out the objectives and functions of the national regulatory authority (‘NRA’) - Malta’s NRA is the Malta Communications Authority (‘MCA’) - and where applicable other competent authorities.

By way of background the EU had in 2002 agreed to a comprehensive regulatory framework which was subsequently revised in 2009. The EU regulatory framework was transposed under Maltese law in 2004 following amendments to the Malta Communications Authority Act, the Electronic Communications (Regulation) Act, and the making of various subsidiary laws. In 2011 the aforesaid laws were again substantially amended to reflect the changes introduced by the EU in 2009. These laws will now be amended to incorporate the changes made by the EECC. The EU regulatory framework consisted of five Directives: 

• the Framework Directive (2002/21/EC);
• the Access Directive (2002/19/EC);
• the Authorisation Directive (2002/20/EC);
• the Universal Service Directive (2002/22/EC); and
• the ePrivacy Directive (2002/58/EC).