Regulation 25. Procedure for establishing whether regulation 24 is applicable

(1) Where a contracting entity considers that, on the basis of the criteria set out in regulation 24(3), (4), (5) and (6), a given activity is directly exposed to competition on markets to which access is not restricted, it may submit a request to the Commission to establish that these regulations do not apply to the award of contracts or the organisation of design contests for the pursuit of that activity, where appropriate together with the position adopted by an independent national authority that is competent in relation to the activity concerned.

(2) The requests in sub-regulation (1) may concern activities which are part of a larger sector or which are exercised only in certain parts of Malta.

(3) In the request, the contracting entity concerned shall inform the Commission of all relevant facts, and in particular of any law, regulation, administrative provision or agreement concerning compliance with the conditions set out in regulation 24(1) and (2).

(4) Unless a request coming from a contracting entity is accompanied by a reasoned and substantiated position, adopted by an independent national authority that is competent in relation to the activity concerned, which thoroughly analyses the conditions for the possible applicability of regulation 24(1) and (2) to the activity concerned in accordance with regulation 24(3), (4), (5) and (6), the Commission shall immediately inform the Member State concerned. The Member State through the contracting entity shall in such cases inform the Commission of all relevant facts, and in particular of any law, regulation, administrative provision or agreement concerning compliance with the conditions set out in regulation 24(1) and (2).

(5) Upon a request submitted in accordance with sub-regulations (1) and (2), the Commission may, by means of implementing acts adopted within the periods set out in Schedule 6, establish whether an activity referred to in regulations 7 to 13 is directly exposed to competition on the basis of the criteria set out in regulation 24.

(6) Contracts intended to enable the activity concerned to be carried out and design contests that are organised for the pursuit of such an activity shall cease to be subject to these regulations in any of the following cases: