Updated | European Commission tells Malta to comply to EU rules on public procurement

In a statement issued this morning in Brussels, it was explained that the "European Union has told Greece and Malta to ensure that their public-procurement regulations are in compliance with EU rules."

The Commission requested Malta to amend its public procurement legislation, in particular its national review procedures concerning decisions to award public contracts.

The Commission said that it was "particularly concerned" that these rules do not conform to the Remedies Directive which sets out EU-wide standards to ensure rapid and effective means of redress in cases where bidders consider that contracts have been awarded unfairly.

If this Directive is not properly and promptly implemented, there is a risk that bidders cannot efficiently challenge illegal contract awards.

The Commission's request to Malta takes the form of a reasoned opinion, the second stage of EU infringement proceedings.

If Malta does not notify measures to ensure compliance with EU public procurement rules within two months, the Commission may refer this matter to the EU's Court of Justice.

Malta has not replied to the Commission's letter of formal notice.

Malta and Luxembourg have meanwhile been urged to 'speed up' the full legal implementation of protecting critical infrastructure from terrorism or natural disasters.

The Commission said that the Commission sent letters of formal notice to Belgium, Cyprus, Luxembourg and Malta last March who had failed to communicate full legal implementation. Belgium and Malta have since notified the Commission of implementing measures.

As for Luxembourg and Cyprus, there was "no or only partial measures adopted."

The Commission said that it decided to send reasoned opinions asking them to remedy that breach of EU law, and threatened that if action to ensure compliance is not taken, the Commission may decide to refer the Member States to the European Court of Justice, which may impose financial sanctions.

According to the Commission, the two countries do not live up to European standards in pointing out their critical infrastructure.

EU law imposes on all EU member states to identify what infrastructure on their territory is in need of extra protection from terrorism or natural disasters - such as vital energy or transportation facilities.

On the initiative of Home Affairs Commissioner Cecilia Malmström, requested Cyprus and Luxembourg take action to ensure full compliance with the rules. The disruption or collapse of vital infrastructure would not only threaten the security of European citizens, but could also have a hugely negative effect on the economy.

Member States already protect their critical infrastructures through a variety of means, but such infrastructures are increasingly interdependent and the failure of one of them can rapidly affect others across borders.

The 2008 EU Directive on European Critical Infrastructures aims to enhance the protection of important infrastructures and to ensure that the effects of their possible disruption or destruction are better controlled and minimised at EU level. Such European Critical Infrastructure should be identified and designated by means of a common procedure and the need to improve their protection should be assessed. Member States had until 12 January of this year to carry out these.

Meanwhile, the European Commission has written to 16 Member States - excluding Malta - which have failed to fully implement new EU telecoms rules into national law, six months after the deadline to do so (25 May 2011).

Partial implementation of the EU Telecoms rules limit consumers' rights in these 16 Member States.

The new rules give EU customers new rights regarding fixed telephony, mobile services and Internet access. For instance, the right to switch telecoms operators in one day without changing their phone number and the right to clarity about data traffic management practices employed by Internet Service Providers.

The Commission's requests today take the form of "reasoned opinions."

Member States which do not fully implement the new laws risk referral to the EU's Court of Justice and potential financial penalties. The 16 Member States are: Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, France, Germany, Greece, Hungary, Italy, The Netherlands, Poland, Portugal, Romania, Slovenia and Spain.

However, while legislative processes are ongoing in all EU Member States and a majority of them have informed the Commission of some implementation measures, only seven countries (Denmark, Estonia, Finland, Ireland, Malta, Sweden and the UK) met the 25 May 2011 deadline for full implementation.