317 tal-2006 - Regolamenti tal-2006 dwar il-Ħarsien tas-Sigurtà tal-Provvista tal-Gass Naturali

L.N. 317 of 2006

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Natural Gas Supply (Safeguard of Security) Regulations, 2006

BY virtue of the powers conferred by article 28 of the Malta

Resources Authority Act, 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 Natural Gas Supply

(Safeguard of Security) Regulations, 2006.

(2) These regulations shall come into force on the 1st

February, 2007.

(3) These regulations establish rules relating to the

safeguarding of an adequate level of security of gas supply in the natural

gas sector.

(4) These regulations give effect to Directive 2004#67#EC

of 26 April, 2004.

List of instruments to enhance the security of gas supply

1. working gas in storage capacity,

2. withdrawal capacity in gas storage,

3. provision of pipeline capacity enabling diversion of gas supplies to affected

areas,

4. liquid tradable gas markets,

5. system flexibility,

6. development of interruptible demand,

7. use of alternative back-up fuels in industrial and power generation plants,

8. cross-border capacities,

(1)

In these regulations unless the context otherwise

requires –

“the Act” means the Malta Resources Authority Act<

“the Authority” means the Malta Resources Authority<

“Community” means the European Community<

“household customers” means customers purchasing natural

gas for their own household consumption<

“LNG” means natural gas cooled to approximately -160 ˚C

under atmospheric pressure, condensed to its liquid form<

“long-term gas supply contract” means a gas supply contract

with a duration of more than ten years<

“major supply disruption” shall mean a situation where the

Community would risk to lose more than 20% of its gas supply

from third countries and the situation at Community level is not

likely to be adequately managed with national measures<

“Member State” means a member state of the Community<

“the Minister” means the Minister responsible for resources<

“natural gas” means gases, whether liquefied or gaseous,

consisting mainly of methane and includes both “non-associated”

gas originating from fields producing hydrocarbons only in gaseous

form, and “associated” gas produced in association with crude oil

as well as methane recovered from coal mines, but does not include

“LPG” <

“natural gas undertaking” means any natural or legal person

carrying out at least one of the following functions> production,

transmission, distribution, supply, purchase or storage of natural

gas, including LNG, which is responsible for the commercial,

technical and#or maintenance tasks related to those functions, but

shall not include final customers<

(1) The Minister may require the Authority to define the Functions of the

Authority.

roles and responsibilities of natural gas undertakings in ensuring

adequate levels of security of gas supply, and to specify the adequate

minimum security of supply standards that must be complied with by

such natural gas undertakings.

(2) The Authority shall publish and implement such

standards in a non-discriminatory and transparent way. The Authority

shall also ensure that there shall not be placed an unreasonable and

disproportionate burden on natural gas undertakings, in the

implementation of these regulations.

(3) The Authority shall also, when taking such measures in

the implementation of these regulations, ensure that they should be

compatible with the requirements of a competitive internal gas market.

(4) A non-exhaustive list of instruments for the security of

gas supply is given in the Schedule to these regulations.

The Minister may require the Authority to ensure that supplies Protection of

for household customers are protected to an appropriate extent in the household

customers.

event of>

(a) a partial disruption of national gas supplies, during a

period to be determined by the Authority, which may take into

account in its determination of the particular circumstances

prevailing at the time<

(b) extremely cold temperatures during a peak period, which

shall be determined, as the case may be, by the Authority<

(c) periods of exceptionally high gas demand during the

coldest weather periods statistically occurring every 20 years.

The Authority shall, in addition to the annual reporting

requirements mentioned in regulation 13 of the Natural Gas (Marketing)

Regulations, 2004, report on the>

(a) competitive impact of the measures taken pursuant to

the implementation of regulations 2 and 3 of these regulations, on

all natural gas undertakings<

(b) levels of storage capacity<

(c) the extent of long-term gas supply contracts concluded

by companies established and registered in Malta, in particular

their remaining duration, based on information provided by the

companies concerned, but excluding commercially sensitive

information, and the degree of liquidity of the gas market<

(d) regulatory frameworks to provide adequate incentives

for new investment in exploration and production, storage, LNG

and transport of gas>

Provided that, when fulfilling the reporting requirements

mentioned in paragraph (d) of this regulation, the Authority shall

take into account the implementation of regulation 12 of the Natural

Gas (Marketing) Regulations, 2004, insofar as it has been so

implemented.

(1) The Authority, subject to the Minister’s approval, shall

publish national emergency measures.

(2) The national emergency measures mentioned in

subregulation (1) of this regulation, shall ensure, where appropriate,

that natural gas undertakings are given sufficient opportunity to provide

an initial response to an emergency situation.

(1) The Authority may issue a compliance order, to any Compliance

Orders.

person subject to these regulations when the person concerned

contravenes any of the provisions contained therein, ordering him to

comply immediately with the provisions of these regulations.

(2) Any person who fails to abide by the provisions of a

compliance order issued by the Authority 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 such aggregate fines (multa) shall, not exceed

the amount of ten thousand liri.

(1) Any undertaking which contravenes any of the Offences and

provisions of these regulations shall be guilty of an offence and shall, penalties.

on conviction, be liable to a fine (multa) of not more than ten thousand

liri.

(2) Any person who, when information with respect to these

regulations is requested by the 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.

(3) Without prejudice to sub-regulations (1) and (2) of this

regulation, where any person fails to comply with the provisions of

these regulations, the Authority may revoke his licence.

cooperation between transmission system operators of neighbouring Member

States for coordinated dispatching,

coordinated dispatching activities between distribution and transmission

system operators,

domestic production of gas,

production flexibility,

import flexibility,

diversification of sources of gas supply,

long term contracts,

investments in infrastructure for gas import via regasification terminals and

pipelines.