requirement under the amended section 150 of the CMA 1998?
Scenario 1:
The submitted access agreement and/or supplemental agreement has been reviewed by the Commission, but the written clarification sought by the Commission and/or amendments proposed by the Parties, in respect of the said agreement, has yet to be accepted by the Commission prior to the Effective Date.
Under the ‘registration’ regime implemented prior to the Effective Date, the Commission would be undertaking a review of the access agreement and/or supplemental agreement submitted, and this may result in:
(a) further written clarification being sought by the Commission in respect of the same; and
(b) further amendments being proposed by the Parties, in addressing the clarification sought by the Commission.
As this ‘process’ is an on-going process, the clarification provided and/or amendments proposed by the Parties in furtherance of the clarification sought, may not have been accepted by the Commission prior to the Effective Date (i.e. being an incomplete process).
Once the clarification sought has been accepted by the Commission and no further amendments are required to be made to the said access agreement and/or supplemental agreement, the Parties may proceed to lodge the same with the Commission accordingly.
If the accepted clarification results in further amendments being required to be made to the said access agreement and/or supplemental agreement, the Parties shall amend the same. Once the proposed amendments are accepted, the Parties may proceed to lodge the said access agreement and/or supplemental agreement with the Commission accordingly.
The Parties shall ensure that the said access agreement and/or supplemental agreement is compliant with the CMA 1998, the subsidiary legislations made under the CMA 1998 and the instruments issued pursuant to the CMA 1998 and the same shall be lodged with the Commission within 30 days from the date of its execution, in accordance with the amended section 150 of the CMA 1998.
Scenario 2:
The submitted access agreement and/or supplemental agreement has been reviewed by the Commission and the clarification sought and/or proposed amendments by the Parties have been accepted by the Commission prior to the Effective Date.
If the accepted clarification does not result in further amendments being required to be made to the said access agreement and/or supplemental agreement, the Parties may proceed to lodge the same with the Commission accordingly.
If the accepted clarification results in further amendments being required to be made to the said access agreement and/or supplemental agreement, the Parties shall amend the same and once the proposed amendments are accepted, the Parties may proceed to lodge the said access agreement and/or supplemental agreement with the Commission accordingly.
The Parties shall ensure the said access agreement and/or supplemental agreement is compliant with the CMA 1998, the subsidiary legislations made under the CMA 1998 and the instruments issued pursuant to the CMA 1998 and the same shall be lodged with the Commission within 30 days from the date of the said amendments, in accordance with the amended section 150 of the CMA 1998.
Scenario 3:
The submitted access agreement and/or supplemental agreement (addressing the amendments made to the access agreement) has yet to be reviewed by the Commission prior to the Effective Date.
The Parties shall lodge the previously submitted access agreement and/or supplemental agreement with the Commission within the timeline to be specified by the Commission in writing. For this purpose, the Commission will notify the respective Parties accordingly.
Related Content