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Malta Resources Authority Act, 2000 (Act No. Xxv Of 2000) Electricity Transit (Grid Requirements) Regulations, 2003 (L.N. 14 Of 2003 )

MALTA RESOURCES AUTHORITY ACT, 2000 (ACT NO. XXV OF 2000)
Electricity Transit (Grid Requirements) Regulations, 2003
BY virtue of the powers conferred by Article 28 of the Malta Resources Authority Act, 2000, the Minister for Resources and Infrastructure, after consultation with the Malta Resources Authority, has made the following regulations>–
1. (1) The title of these regulations is the Electricity Transit
(Grid Requirements) Regulations, 2003.
(2) (a) These regulations shall come into force on such date as the Minister responsible for resources and infrastructure may by notice in the Gazette appoint and different dates may be so appointed for different provisions and different purposes of these regulations.
(b) A notice under paragraph (a) of this sub-regulation may make such transitory provisions as appear to the Minister to be necessary or expedient in connection with the provisions thereby brought into force.
(3) These regulations establish measures relating to the transit of electricity between high-voltage grids.
2. In these regulations, unless the context otherwise requires>- “the Act” means the Malta Resources Authority Act, 2000< “competent authority” means the Malta Resources Authority<
“electricity transit” means the transport of electricity through high voltage transmission grids (excluding distribution grids) situated in Malta and, or in a Member State of the European Union, and across at least one frontier between these States<
“electricity transit contract” means a contract providing for electricity transit between high voltage transmission grids<
“high voltage transmission grid”, in the case of a grid situated in Malta or a Member State of the European Union, means a grid specified in the Schedule to these regulations<
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Title, commencement and scope

Interpretation.

B 196

Application.

Duties of the competent authority.

Obligations of the grid operator.

Contracts concerning the transit of electricity between transmission grids.

“entity” means a body responsible for the grids as specified in the Schedule to these regulations<
“grid operator” means an entity responsible for operating a high voltage transmission grid in Malta.<
“Minister” means the Minister responsible for resources.
3. These regulations shall apply where a request for the transit of electricity is made to a grid operator by another entity.
4. (1) The competent authority shall take the measures necessary to facilitate the transit of electricity between high-voltage grids in accordance with the conditions laid down in these regulations.
(2) The competent authority shall take the measures necessary to ensure that any entity under its jurisdiction referred to in the Schedule to these regulations acts without delay and fulfills its obligations under regulation 5 of these regulations.
5. A grid operator that has received a request for the transit of electricity shall without delay>
(a) notify the competent authority, and any other person or entity which the competent authority may nominate, of the request<
(b) open negotiations on the conditions of the electricity transit requested<
(c) inform the competent authority, and any other person or authority nominated by the competent authority in terms of paragraph (a), of the conclusion of an electricity transit contract< and
(d) in the event that an electricity transit contract is not concluded within twelve months of receipt of the request for such transit, inform the competent authority and any other person or authority nominated by the competent authority in terms of paragraph (a), of the reasons for the failure of the negotiations to result in the conclusion of a electricity transit contract.
6. (1) Contracts involving transit of electricity between transmission grids shall be negotiated between the entities responsible for the relative grids, and for the quality of service provided and, where appropriate, with the entities responsible for importing and exporting electricity.
(2) The conditions of transit -
(a) shall be non-discriminatory and fair for all parties involved and shall not include unfair clauses or unjustified restrictions< and
(b) shall not endanger security of supply or quality of service, and in particular, shall take full account of the utilisation of reserve production and the most efficient operation of existing systems.
7. The conditions to be included in an electricity transit contract shall, at the request of either the entity seeking electricity transit or the grid operator, be subject to conciliation by a body set up and chaired by the competent authority for this purpose. The competent authority shall establish the rules regulating the procedure before such body.
8. (1) Where the competent authority becomes aware, whether through carrying out an investigation or otherwise, that a grid operator has failed to comply with any of the obligations set in regulations 5 and
6 of these regulations, it shall issue a compliance order to the grid operator involved ordering him to immediately comply with the provisions of the said regulation. Should the grid operator disobey such a compliance order, he shall, without prejudice to any other liability under these regulations, the Act or any other law, be guilty of an offence and be liable, on conviction, to a fine (multa) of not less than one hundred liri and not more than one thousand liri for each day during which the offence subsists>
Provided that the aggregate fines (multa) shall, on conviction, not exceed the amount of ten thousand liri.
(2) Any person who, when information with respect to these regulations is requested by the competent authority, knowingly or recklessly>
B 197

Conciliation.

Compliance orders.

(a) gives any false, inaccurate or misleading information<
or
(b) supplies incomplete information< or
(c) fails, without reasonable cause to supply information requested within the time given< or
(d) prevents or hinders any investigation< or
B 198
(e) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in any material respect,
shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of not less than one hundred liri and not more than one thousand liri.
SCHEDULE
List of entities and grids covered by these Regulations
B 199
Country
Belgium Denmark Germany
Greece Spain France Ireland Italy
Luxembourg
Malta
The Netherlands
Austria
Portugal
Entity#Grid
CPTE – Société pour la coordination de la production et du transport d’énergie électrique
Eltra
Elkraft
Bayernwerk AG
Berliner Kraft- und Licht (Bewag)-AG EnBW Transportnetze AG
Hamburgische Electricitäts-Werke AG (HEW) PreussenElektra Aktiengesellschaft
RWE Energie AG
Vereinigte Elektrizitätswerke Westfalen AG (VEW) VEAG Vereinigte Energiewerke AG
Public Power Corporation (PPC) Spain Red Eléctrica de España, SA Électricité de France
Electricity Supply Board
Edison
Edison Termoelettrica Enel
Cegedel
Sotel
Enemalta Corporation
SEP
Österreichische Elektrizitätswirtschaft AG Tiroler Wasserkraftwerke AG
Vorarlberger Kraftwerke AG
Vorarlberger Illwerke AG
Rede Eléctrica Nacional SA (REN)
B 200
Finland
Sweden
United Kingdom
Suomen Kantaverkko Oyj (Finnish Power Grid PLC) Affärsverket svenska kraftnät
National Grid Company
Scottish Power
Scottish Hydro-Electric
Northern Ireland Electricity

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