S.L. 460.35 Art. 19Enforcement.       Cap. 12.

(1) The CIIP Unit may take the following measures in respect of any undertaking which infringes any provision of this order or of any other law which the CIIP Unit is entitled to enforce, or who fails to comply with any decision given by the CIIP Unit:

(a) the imposition of an administrative fine in accordance with the provisions of this article; and

(b) order the cessation of any act or omission which is in breach of this order.

(2) The CIIP Unit shall, before proceeding to take any of the measures under sub-article (1), write to the undertaking concerned, warning it of the measure that may be taken and the specific reason why it may be taken, requiring it to cease or rectify its acts or omissions and, or to make its submissions thereto within such period not being less than fifteen (15) days which period, without prejudice to the provisions of sub-article (4), may be abridged if the CIIP Unit considers that the continuance of the infringement impacts negatively the effective exercise by the CIIP Unit of its regulatory functions and, or warrants the immediate intervention of the CIIP Unit:

Provided that where the measure is an administrative fine the undertaking concerned shall also be informed of the amount of the fine:

Provided further that when issuing a warning under this sub-article, the CIIP Unit may impose such conditions as it may consider reasonable in the circumstances.

(3) If the undertaking concerned remedies the infringement within the period established by the CIIP Unit in accordance with sub-article (2), and agrees in writing to abide with any condition that the CIIP Unit may impose, the CIIP Unit may at its discretion desist from proceeding any further, this without prejudice to any regulatory measures that may have already been imposed.

(4) If after the lapse of the period mentioned in sub-article (3), the CIIP Unit considers that the undertaking concerned has not given any valid reasons to demonstrate why no measure should be taken against it, the CIIP Unit shall notify the undertaking concerned in writing, specifying the nature of the infringement, stating the measure being taken, and if the measure is an administrative fine, stating the amount of the fine being imposed.

(5) Notwithstanding the provisions of sub-article (2), where the CIIP Unit has evidence that the infringement prima facie represents an immediate and significant disruptive effect in Malta, the CIIP Unit may take urgent interim measures to remedy the situation in advance of reaching a final decision, including ordering the immediate cessation of the act or omission giving cause to the infringement:

Provided that the undertaking which is subject to such contemplated measures, shall, thereafter, be given a reasonable opportunity to state its view and propose any remedies:

Provided further that the interim measures shall be valid for a maximum of three months, subject to extension for a further period of three months, in circumstances where enforcement procedures have not been completed.

(6) The notification as referred to in sub-article (4) shall, upon the expiry of the time limit for appeal therefrom, upon the service of a copy thereof by means of a judicial act on the undertaking indicated in the notice, constitute an executive title for all effects and purposes of Title VII of Part I of Book Second of the Code of Organization and Civil Procedure:

Provided that if the undertaking against which the notice has been issued, files an appeal before the Tribunal within the twenty

(20) day period referred to under article 22, and concurrently with or before the filing of its appeal requests the Tribunal to suspend the effects of the notice, then the CIIP Unit shall desist from issuing a judicial act as referred to in this sub-article until such time as the request for suspension has been determined, withdrawn or otherwise dealt with:

Provided further that the Tribunal shall determine any requests for suspension referred to in this sub-article expeditiously. Before determining any such request the Tribunal shall give the CIIP Unit a reasonable opportunity to reply and make its submissions.

(7) The effect of a decision of the CIIP Unit to which an appeal relates shall not, except where the Tribunal so orders, be OF NETWORK AND INFORMATION SYSTEMS

suspended in consequence of the bringing of the appeal.