14 tal-2003 - Regolamenti tal-2003 dwar it-Trasmissjoni ta’ l-Elettriku (Ħtiġiet tal-Grilja) (iettal-grilja)

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) The title of these regulations is the Electricity Transit Title,

commencement and

(Grid 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 electricity between high-voltage grids.

In these regulations, unless the context otherwise requires>-

List of entities and grids covered by these Regulations

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

Luxembourg

Cegedel

Sotel

Enemalta Corporation

The Netherlands

SEP

Österreichische Elektrizitätswirtschaft AG

Tiroler Wasserkraftwerke AG

Vorarlberger Kraftwerke AG

Vorarlberger Illwerke AG

Rede Eléctrica Nacional SA (REN)

Finland

Suomen Kantaverkko Oyj (Finnish Power Grid PLC)

Sweden

Affärsverket svenska kraftnät

United Kingdom

National Grid Company

Scottish Power

Scottish Hydro-Electric

Northern Ireland Electricity

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<

“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<

“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.

These regulations shall apply where a request for the transit

of electricity is made to a grid operator by another entity.

(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.

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.

(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.

The conditions to be included in an electricity transit contract Conciliation.

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.

(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.