B 2823
L.N. 378 of 2021
ELECTRONIC COMMUNICATIONS (REGULATION) ACT
(CAP. 399)
Emergency Communications, the Single European Emergency Call 
Service ("112" Number) and the European Harmonised Services of 
Social Value ("116" Numbering Range) Regulations, 2021
IN EXERCISE of the powers conferred by article 47 of the
Electronic Communications (Regulation) Act, the Minister for the
Economy and Industry, after consultation with  the Malta
Communications Authority, has made the following regulations:-
PART I
PRELIMINARY
        Citation and 
scope.1.(1) The title of these regulations is Emergency
Communications, the Single European Emergency Call Service ("112"
Number) and the European Harmonised Services of Social Value
("116" Numbering Range) Regulations, 2021.
(2) These regulations transpose articles 96, 109 and 110 of
Directive (EU) 2018/1972 of the European Parliament and of the
Council of 11 December 2018 establishing the European Electronic
Communications Code.
(3) These regulations shall be deemed to have come into force
on 24th September 2021.
Interpretation. 2. (1) In these regulations, unless the context otherwise
requires:
Cap. 399. "the Act" means the Electronic Communications
(Regulation) Act, and includes any regulations made thereunder;
Cap. 418."the Authority" means the Malta Communications
Authority established under the Malta Communications
Authority Act;
"competent public body" means any such public body or
bodies as the Minister may after consultation with the Minister
responsible for such public body and with the Authority,
designate in the Schedule in accordance with his powers under
article 47 of the Act, to be responsible or to undertake any or all
of the functions stated in these regulations:
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Provided that, the Minister may designate different
public bodies to be responsible and, or to undertake the different
functions stated in these regulations;
"harmonised service of social value" means a service,
pursuant to the European Commission Decision 2007/116/EC of
15 February 2007, meeting a common description that shall be
accessed by individuals by them using a free of charge number,
which is potentially of value to visitors from other countries and
which answers a specific social need, in particular which
contributes to the well-being or safety of citizens, or particular
groups of citizens, or helps citizens in difficulty;
"the Minister" means the Minister responsible for
communications;
"number-based interpersonal communications service"
means an interpersonal communications service which connects
with publicly assigned numbering resources, namely, a number
or numbers in national or international numbering plans, or
which enables communication with a number or numbers in
national or international numbering plans:
Provided that, the mere use of a number as an
identifier should not be considered to be equivalent to the use of
a number to connect with publicly assigned numbers and should
therefore, in itself, not be considered to be sufficient to qualify as
a number-based interpersonal communications service;
"provider" means, unless the context otherwise requires, a
provider of a publicly available number-based interpersonal
communications services.
(2) Unless otherwise stated in these regulations, the definitions
in the Act shall apply in these regulations.
Part II
The Single European Emergency Call Service ("112" Number)
Operation of the 
single European 
emergency call 
service.3. (1) The competent public body shall ensure that all
emergency communications to the single European emergency number
"112" are appropriately answered and handled in the manner best
suited to the national organisation of emergency systems. Such
emergency communications shall be answered and handled at least as
expeditiously and effectively as emergency communications to the
national emergency number or numbers where such number or
numbers continue to be in use.
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 (2) A provider whose services allow end-users to originate
calls to a number in a national or international numbering plan,
including users of public pay telephones, shall provide access to the
emergency services through the most appropriate PSAP. Such access
shall be provided through emergency communications free of charge
and without having to use any means of payment, by using the single
European emergency number "112" and any national emergency
number as may be specified by the Authority.
 (3) The competent public body shall promote the access to
emergency services through the single European emergency number
"112" from electronic communications networks which are not
publicly available, but which enable calls to public networks, in
particular when the undertaking responsible for that network does not
provide an alternative and easy access to an emergency service.
Measures for 
end-users with 
disabilities.4. (1) The competent public body shall take measures to
ensure that access for end-users with disabilities to emergency services
is available through emergency communications and is equivalent to
that enjoyed by other end-users, in accordance with European Union
law harmonising accessibility requirements for products and services. 
(2) The competent public body shall ensure that end-users with
disabilities, whilst travelling in Malta, are able to access emergency
services on an equivalent basis with other end-users, where feasible
without any pre-registration. In doing so the competent public body
shall seek to ensure interoperability across Member States which shall
be based, to the greatest extent possible on European standards or
specifications published in accordance with the provisions of Article
39 of Directive (EU) 2018/1972 of the European Parliament and of the
Council of 11 December 2018 establishing the European Electronic
Communications Code.
(3) The competent public body before taking any measures
under this regulation shall first consult the Authority. 
Caller location 
information.5. (1) A provider shall ensure that caller location
information is made available to the most appropriate PSAP without
delay after emergency communication is set up. This shall include
network-based location information and, where available, handset-
derived caller location information.
(2) A provider shall ensure that the establishment and the
transmission of the caller location information are free of charge for
the end-user and for the PSAP, with regard to all emergency
communications to the single European emergency number "112" and
to any national emergency number as may be specified by the
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Authority:
Provided that, the Authority may, after consultation with
BEREC and any other competent public body if necessary, establish
the criteria for the accuracy and reliability of the caller location
information provided.
Provision of 
information.6.The competent public body shall ensure that end-users
are adequately informed about the existence and use of the single
European emergency number "112" as well as its accessibility
features, including through initiatives specifically targeting persons
travelling between Member States and end-users with disabilities.
Such information shall be provided in accessible formats, addressing
different types of disabilities.
 Part III
European Harmonised Services of Social Value
("116" Numbering range)
Conditions 
attached to the 
service.7. (1) In this Part "service" refers to those harmonised
services of social value utilising Harmonised European Short Codes
("HESC") as established by the Authority.
(2) The competent public body under this Part shall, as a
minimum, ensure that:
(a) the service provides information, or assistance, or a
reporting tool to end-users, or any combination thereof;
(b) the service is open to all end-users without any
requirement of prior registration;
(c) the service is not time-limited;
(d) the service is free of charge; and
(e) the following activities are excluded during a call:
(i) advertisement;
(ii) entertainment;
(iii) marketing and selling; and
(iv) using the call for the future selling of
commercial services.
(3) The competent public body shall ensure that it allocates the
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necessary resources to operate the service. In doing so, the competent
public body shall take such measures as necessary in the
circumstances.
Measures for 
end-users with 
disabilities.8. (1) The competent public body shall take measures to
ensure that the service under this Part is, to the greatest extent
possible, provided to end-users with disabilities .
(2) Measures taken to facilitate access by end-users with
disabilities to such a service whilst travelling in Malta, shall be based
on compliance with relevant standards or specifications laid down in
accordance with Article 39 of Directive (EU) 2018/1972 of the
European Parliament and of the Council of 11 December 2018
establishing the European Electronic Communications Code.
Provision of 
information.9. The competent public body shall ensure that end-users are
adequately informed of the existence and use of the service provided
under the "116" numbering range. 
Part IV
Public warning system
Public warning 
in case of major 
emergencies etc.10. (1) By 21 June 2022 providers of mobile number-based
interpersonal communications services shall ensure that when public
warning systems regarding imminent or developing major emergencies
and disasters are in place, public warnings are transmitted to the end-
users concerned.
 (2)  The competent public body responsible for the public
warning system shall determine the expenses incurred by a provider in
relation to the transmission of a public warning either through its
mobile number based interpersonal communications service or any
other equivalent public warning system in accordance with sub-
regulation (3), which expenses shall be refunded by it to the aforesaid
provider. In doing so the aforesaid competent public body shall act on
the basis of transparent and non-discriminatory criteria and shall in all
instances motivate its decisions. Such expenses shall cover any
additional infrastructure necessary by the provider beyond the
provision of its commercial services and the operational expenses
incurred.
(3) Notwithstanding sub-regulation (1), the competent public
body may determine that public warnings be transmitted through:
(a) publicly available electronic communications
services other than those referred to in sub-regulation (1) and
other than broadcasting services; or 
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(b) a mobile application relying on an internet access
service: 
Provided that, the effectiveness of the public warning
system is equivalent in terms of coverage and capacity to reach end-
users, including those that are only temporarily present in the area
concerned, taking utmost account of BEREC guidelines: 
Provided further that, in taking any such measures in
accordance with this sub-regulation the competent public body shall
consult with the Authority, and where necessary with other public
bodies.
Part V
Miscellaneous
Submission of 
Annual Report 
to the Minister.11.Each competent public body which under these regulations
is responsible for the performance of any function, by the end of
September of each year, shall submit to the Minister responsible for
that competent public body, a report of its activities undertaken in
accordance with these regulations, which report shall be Tabled before
the House of Representatives:
Provided that, the Minister concerned may from time to
time require any information as he may consider necessary from such
aforesaid competent public body.
Enforcement. 12.Unless stated otherwise in these regulations, the Authority
shall be responsible in ensuring that providers comply with the
provisions of these regulations, and to that purpose may take any such
regulatory measures in accordance with its powers at law.
Repeal.
S.L. 399.43.13.The Single European Emergency Call Service (‘112’
number) and the European Harmonised Services of Social Value
(‘116’ numbering range) Regulations are hereby repealed, this without
prejudice to the validity of anything done or still to be done under the
said regulations.
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SCHEDULE
(Regulation 2)
The public bodies listed hereunder shall be responsible for and,
or undertake the functions listed in this Schedule
Responsible 
MinistryCompetent 
Public BodyProvisions for 
which the 
Competent 
Public Body is 
Responsible Service Name Number
Ministry 
responsible for 
Home Affairs, 
National 
Security and Law 
Enforcement Malta Police 
Force Regulations 3 
to 6Single 
European 
emergency 
call service112
Ministry 
responsible for 
Home Affairs, 
National 
Security and Law 
EnforcementMalta Police 
ForceRegulations 7 
to 9 in so far as 
these relate to 
the missing 
children 
hotlineMissing 
children 
hotline116000
Ministry 
responsible for 
the Family, 
Children’s 
Rights and 
Social Solidarity Foundation 
for Social 
Welfare 
ServicesRegulations 7 
to 9 in so far as 
these relate to 
the child 
helpline and 
hotline Child helpline 
and hotline 116111
Ministry 
responsible for 
the Family, 
Children’s 
Rights and 
Social Solidarity Aġenzija 
AppoġġRegulations 7 
to 9 in so far as 
these relate to 
the helpline 
for emotional 
supportEmotional 
Support 
Helpline116123
Ministry 
responsible for 
Home Affairs, 
National 
Security and Law 
Enforcement Ministry for 
Home 
Affairs, 
National 
Security and 
Law 
EnforcementRegulation 10 Public 
warning 
systemsn/a
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Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
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