Malta in trouble with EU over mobile phone numbers

The European Commission has announced the start of another infringement procedure against Malta following the country's failure to correctly transpose into national legislation EU laws on electronic communications, particularly with regard to mobile phone services.

This is the third warning of the kind issued against Malta recently. Similar actions have been initiated in connection with the lack of reporting of greenhouse gas emissions and its failure to transpose a directive on combating late payment in commercial transactions.

In its latest warning, the Commission said that Malta has not put into practice the rules on number portability in the mobile telephony sector and consequently further competition in this area is being halted.

Sources close to the Commission told The Times that the EU considers number portability to be very beneficial for consumers. The sources explained that according to EU law, a Maltese customer of Go Mobile who decides to switch his network to Vodafone, or vice-versa, should have the possibility to retain the same phone number.

The sources said that this is still not the case in Malta and disciplinary action will be taken if the situation does not change.

In a report issued by the Commission at the end of last year, the Commission had already warned about this irregularity in the Maltese mobile sector, indicating clearly that it was examining the availability of number portability for subscribers in Malta.

It had said: "With regard to the telephony provided at a fixed location, this requirement cannot be practically implemented as long as the incumbent (Maltacom) remains the sole provider of this service.

"Concerning number portability for subscribers of mobile services - required under the new law - there seems to be strong opposition from both mobile operators (Vodafone and Go Mobile) to its introduction. It is considered to be too costly to implement, and mobile operators in Malta do not see any practical benefits for end users. All parties agree, however, that this would facilitate an entry for a potential third operator."

The Commission has now given the Maltese authorities two months to respond and rectify this situation. If the answer is not satisfactory, it may lead to additional disciplinary action.

Earlier this month, the Malta Communications Authority approved the introduction of number portability and established the end of March 2006 to implement it fully for both fixed and mobile numbers.

However, sources close to the Commission told The Times that the MCA move could not prevent the start of infringement procedures, as number portability in Malta should have been in place last May 1.

Apart from the Maltese case, the Commission also decided to take legal action against nine other member states in the area of electronic communications. The procedures point to defects in national laws and incorrect practical application of EU rules in Germany, Italy, Latvia, the Netherlands, Austria, Poland, Portugal, Slovakia and Finland.

In opening these proceedings, Information Society and Media Commissioner Viviane Reding reiterated the importance of implementing the EU rules fully and correctly.

She said ineffective implementation of these rules threatens the goal, which is vital to EU productivity and growth, of building a competitive electronic communications sector within the EU.

The Commission, she said, was determined to highlight and press member states to remedy defects in national law and practical implementation.