The commonest assumption is that the period starts on the day you begin publishing, or on the day you apply to the Agency. Neither is correct. Under Article 15 of the Regulation on Official Announcements and Advertisements the waiting period starts on the date it is established on inspection that you possess the required conditions and qualifications.
What the article provides
Article 15 regulates two separate things. First it sets a time limit: newspapers and online news sites must request an inspection within three months at the latest of the date on which their request to publish official announcements reached the Agency’s records.
Second it defines the start: the start date of the waiting period is determined as the date on which it is established, as a result of the inspection or examination to be carried out by the Directorate General on the application, that the publication possesses the conditions and qualifications specified in the provisions of the Regulation relating to the place of publication or the quota location.
The timeline
| Stage | What happens | Does the clock start? |
|---|---|---|
| The request reaches the Agency | The date of entry in the records is fixed | No |
| Within three months at the latest | An inspection is requested | No |
| The inspection or examination is carried out | Conditions and qualifications are checked | No |
| The conditions are found to be met | The date of determination is fixed | YES |
Preparation converts directly into months
This rule turns pre-application preparation from a formality into a financial decision. Going into an inspection with a deficiency means the 36-month counter for a newspaper, or the 24-month counter for an online news site, does not start at all.
The conditions continue during the waiting period
There is no relaxing once the period has started. Article 16(2) requires newspapers within the waiting period to publish in conformity with the publication interval stated in their declaration, and online news sites to publish so as to meet the accessibility requirements, and both to maintain all the other qualifications sought.
Moreover, under Article 16(3), in respect of publications within the waiting period the first paragraph of Article 113 is applied by reference to the start date of the waiting period instead of the calendar year. The thresholds for breach of continuity therefore run throughout the waiting period as well.
Conclusion
The waiting period starts not on the day of application but on the day it is established on inspection that you meet the conditions. You must request an inspection within three months at the latest of your request reaching the Agency. Going into the inspection prepared is a difference measured in months.
The periods themselves are covered in the periods guide and the whole process in the waiting period guide.