13 tal-2003 - Regolamenti tal-2003 dwar ġarr tal-Gass (ħtiġiet ta’ Grilja)

L.N. 13 of 2003

MALTA RESOURCES AUTHORITY ACT, 2000

(ACT NO. XXV OF 2000)

Gas 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) The title of these regulations is the Gas Transit (Grid Title,

commencement and

Requirements) Regulations, 2003.

scope.

(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 natural gas between high pressure transmission grids.

In these regulations, unless the context otherwise requires>-

List of entities and high-pressure gas transmission grids

Member State

Entity

Germany

Bayerngas GmbH

BEB Erdgas und Erdöl GmbH

Erdgas Verkaufs-Gesellschaft mbH

Gas-Union GmbH

Mobil Erdgas – Erdöl GmbH

Ruhrgas AG

Saar Ferngas AG

Thyssengas GmbH

Vereinigte Elektrizitätswerke Westfalen

AG (VEW)

Westfälische Ferngas AG

EWAG, Nürnberg

Gasversorgung Süddeutschland

Schleswag AG

Thüga AG

Verbundnetz Gas AG

Wingas GmbH

Belgium

Distrigaz SA

Denmark

Dansk Naturgas A#S

Spain

Empresa Nacional de Gas SA

(ENAGAS)

Gas Natural SDG, SA

Gas de Euskadi

Greece

DEPA

Luxembourg

SOTEG

Netherlands

NV Nederlandse Gasunie

Italy

Snam SpA

Edison Gas SpA

Società Gasdotti del Mezzogiorno SpA

France

Gaz de France

SNGSO

Compagnie française du méthane

(CEFEM)

United Kingdom

British Gas

Ireland

Irish Gas Board

Austria

ÖMV AG

Sweden

Vattenfall Naturgas AB

Sydgas AB

Finland

Neste Oy

Mitbug[ fl-Istamperija tal-Gvern – Printed at the Government Printing Press

Interpretation.

“the Act” means the Malta Resources Authority Act, 2000<

“competent authority” means the Malta Resources Authority<

“entity” means a body specified in the Schedule to these

regulations<

“gas transit” means the transport by a grid operator of natural

gas between high pressure transmission grids, at least one of which

is situated in Malta or a Member State of the European Union, and

across at least one frontier between these States<

“gas transit contract” means a contract providing for gas

transit<

“high pressure 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<

“grid operator” means an entity who is responsible for

operating a high pressure transmission grid in Malta<

“Minister” means the Minister responsible for resources.

These regulations apply where a request for gas transit is made

to a grid operator by another entity.

(1) The competent authority shall take the measures

necessary to facilitate transit of natural gas between high-pressure

transmission 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.

A grid operator that has received a request for gas transit 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 gas 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 a gas transit contract< and

(d) in the event that a gas transit contract is not concluded

within twelve months of receipt of the request for gas 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 gas transit contract.

(1) Contracts involving transit of gas between grids shall be Conditions

contract.

negotiated between the entities responsible for the relative grids, and as

regards the quality of service provided, and wherever appropriate, with

the entities responsible for importing and exporting electricity.

(2) The conditions of a gas transit contract –

(a) shall be non-discriminatory and fair for all parties

involved and shall not include unfair clauses or unjustified

restrictions< and

(b) shall neither endanger the security of supply nor the

quality of service, and in particular, it shall take full account of the

utilization of reserve production and storage capacity and the most

efficient operation of existing systems.

The conditions to be included in a gas transit contract shall, at Conciliation.

the request of either the entity seeking gas 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.

(1) Where the competent authority becomes aware, whether Compliance orders.

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>

(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

(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.