S.L. 399.48 Art. 46Generalframework for access and interconnection.

(1) No restrictions may be imposed or maintained which prevent undertakings in Malta, or in Malta and other Member States from negotiating between themselves agreements on technical and commercial arrangements for access or interconnection, in accordance with European Union law:

Provided that the undertaking requesting access or interconnection in Malta does not need to be authorised to operate in Malta if it is not providing services and does not operate a network in Malta.

(2) Without prejudice to regulation 101, no legal or administrative measures shall be maintained which require undertakings, when granting access or interconnection, to offer different terms and conditions to different undertakings for equivalent services or measures imposing obligations that are not related to the actual access and interconnection services provided, and this without prejudice to the conditions set out in the First Schedule.