Skip to content

S.L. 601.05 · Schedules

Schedule 6. Deadlines for the adoption of the Implementing Acts

(Regulation 25)

Text of the consolidated version in force from 1 January 2024. Where this page and legislation.mt differ, legislation.mt prevails: official textThe Maltese and the English texts are both official; where they conflict, the Maltese text prevails. This page shows the English text.

1. The implementing acts referred to in regulation 25 shall be adopted within the following periods:

(a) 90 working days where free access to a given market is presumed on the basis of regulation 24(5) and (6);

(b) 130 working days in cases other than those referred to in paragraph (a).

The periods set out in paragraphs (a) and (b) shall be prolonged by 15 working days where the request is not 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).

Those deadlines shall commence on the first working day following the date on which the Commission receives the request referred to in regulation 25(1) and (2) or, where the information to be supplied with the request is incomplete, on the working day following the receipt of the complete information.

The periods set out in the first sub-paragraph may be extended by the Commission with the agreement of the Member State or contracting entity which has presented the request.

2. The Commission may require the Member State or the contracting entity concerned or the independent national authority referred to under paragraph 1 or any other competent national authority to provide all necessary information or to supplement or clarify information given within an appropriate time limit. In the event of late or incomplete answers, the periods set out in the first sub-paragraph of paragraph 1 shall be suspended for the period between the expiry of the time limit set in the request for information, and the receipt of the complete and correct information.

Regulations that refer to this Schedule

Want your tender documents checked before publication? We will show you how Procurelex Verifika does it.

Request a demo

General information on the Public Procurement Regulations in force. Not legal advice.