Introduzzjoni

L-għan ta’ din il-Konsultazzjoni Pubblika huwa li jinġabru l-fehmiet dwar l-abbozz ta’ Liġi intitolat ‘Att dwar l-Utilitajiet u s-Servizzi (Regolament) (Emenda), 2025’.  L-iskop ta’ dan l-abbozz ta’ liġi huwa li jemenda l-Kapitlu 81 u liġijiet nazzjonali oħra sabiex jiġi implimentat ir-Regolament (UE) 2024/1309 dwar miżuri biex tonqos l-ispiża tal-implimentazzjoni tan-networks tal-komunikazzjonijiet elettroniċi tal-gigabits, li jemenda r-Regolament (UE) 2015/2120 u li jħassar id-Direttiva 2014/61/UE (Att dwar l-Infrastruttura tal-Gigabits).

Peress li l-implimentazzjoni effettiva tal- Att dwar l-Infrastruttura tal-Gigabits tinvolvi awtoritajiet pubbliċi differenti li jaqgħu taħt Ministeri differenti, din il-konsultazzjoni pubblika qed tiġi ppubblikata b’mod konġunt mill-Ministeru għat-Trasport, l-Infrastruttura u x-Xogħlijiet Pubbliċi, il-Ministeru għall-Ekonomija, l-Intrapriża u l-Proġetti Strateġiċi, u l-Ministeru għall-Ġustizzja u r-Riforma tas-Settur tal-Kostruzzjoni.

Background

Regulation (EU) 2024/1309 of the European Parliament and of the Council of the 29^th April 2024 on measures to reduce the cost of deploying gigabit electronic communications networks, amending Regulation (EU) 2015/2120 and repealing Directive 2014/61 (Gigabit Infrastructure Act) (hereinafter the ‘GIA’) aims to facilitate and stimulate the roll-out of very high capacity networks by promoting the joint use of existing physical infrastructure and by enabling a more efficient deployment of new physical infrastructure so that such networks can be rolled out faster and at a lower cost. 

The GIA replaces Directive 2014/61/EU on measures to reduce the cost of deploying high-speed communications networks (hereinafter the ‘BCRD’), which Directive was implemented under national law following the enactment of Act No. XVIII of 2016 - entitled ‘the Utilities and Services (Regulation of Certain Works) (Amendment) Act, 2016’ - which Act amended the Utilities and Services (Regulation of Certain Works) Act (Cap. 81) (hereinafter ‘Cap. 81’) and other relevant legislation.^[1] In the amendments to Cap. 81 new parts were added to implement the requirements as established under the BCRD. 

Given that the GIA is an EU regulation, many of its provisions apply directly to Malta as a Member State of the EU. This said, amendments to national legislation are still required to update the relevant national legislation which implemented the BCRD. In order to achieve this, a draft Bill has been prepared proposing amendments to Cap. 81 and other national legislation so that the GIA can be effectively implemented in accordance with Maltese Law. 

The effective implementation of the GIA involves diverse public authorities falling under different Ministries, namely the Authority for Transport in Malta, the Malta Communications Authority and the Building Construction Authority. 

The purpose of this consultation is to seek input on the draft bill which is being included as part of this consultation. 

The draft Bill is divided into six Parts amending or repealing different laws, namely:

Part I: Amendments of the Utilities and Services (Regulation of Certain Works) Act (Cap. 81): amends, substitutes or adds various articles in Cap. 81 to reflect the applicable norms of the GIA.  Whilst many of the provisions of the GIA apply directly, substantial amendments are being proposed to Cap. 81 which currently includes national norms which implemented Directive 2014/61/EU which has been replaced by the GIA. Some of the current maximum penalties are being revised upwards given that these were last amended nine years ago. The Bill also substantially amends the dispute resolution process, assigning the role of the Dispute Settlement Body (hereinafter the ‘DSB’) to the MCA. In doing so, the amendments establish the procedure to be followed in any disputes lodged, providing that any decisions taken by the DSB may be contested before the Administrative Review Tribunal on both points of law and of fact with a further right of appeal on a point of law before the Court of Appeal (inferior competence). 

Part II: Amendment of the Electronic Communications Networks and Services (General) Regulations (S.L. 399.48): deletes regulation 49 of the Electronic Communications Networks and Services (General) Regulations, which regulation relates to access to in-building physical infrastructure as this norm is now dealt with under the GIA (see Article 11 thereof) and under a new article 18D to Cap. 81 which article is being added as part of the amendments to Cap. 81. 

Part III: Amendments of the Malta Communications Authority Act (Cap. 418) updates the provisions relating to administrative sanctions and amends the vires to make regulations in relation to dispute or complaint handling procedures and investigation procedures. 

Part IV: Amendments of the Administrative Justice Act (Cap. 490) updates references in the First Schedule thereof (deleting references to appeals from adjudicative fora which no longer function) and in the Second Schedule thereof inserting a new item whereby appeals from judgements taken by the Administrative Review Tribunal further to contestation of regulatory decisions taken under Cap. 81 can be made before the Court of Appeal in its inferior competence.

Part V: Amendment of the Building and Construction Authority Act (Cap. 623) proposes an amendment to include references to any other law which the Building and Construction Authority may be empowered to enforce. 

Part VI: Repeal of the In-Building Physical Infrastructure (Access to Electronic Communications Services) Regulations (S.L. 623.05) proposes the repeal of the In-Building Physical Infrastructure (Access to Electronic Communications Services) Regulations once the matters dealt with under these regulations are now regulated by Article 11 of the GIA. 

https://economy.gov.mt/wp-content/uploads/2025/10/Draft-Bill-Infrastructure-Laws-Amendment-Act-2025-Public-Consultation.pdf