Electricity Connection and Supply Regulations, 2024

L.N. 282 of 2024

REGULATOR FOR ENERGY AND WATER SERVICES ACT

(CAP. 545)

Electricity Connection and Supply Regulations, 2024

IN EXERCISE of the powers conferred by article 37 of the

Regulator for Energy and Water Services Act, the Minister responsible

for energy and water services, after consultation with the Regulator for

Energy and Water Services, has made the following regulations:-

(1) The title of these regulations is the Electricity Citation and

scope.

Connection and Supply Regulations, 2024.

(2) These regulations establish the rules and conditions for the

connection of customers to the distribution system for the generation

of electricity, importing and, or exporting of electricity from, or to the

network and the supply of electricity to final customers.

(regulation 24)

1. Maximum Consumption Tariffs

(1) The supply of electricity to a residential premises shall be

billed, for any period as the distribution system operator may, from

time to time determine, i n a c c o r d a n c e w i t h the fees and

tariffs which shall not exceed the following

(a) without prejudice to the other provisions of these

regulations, the supply of electricity to residential premises shall

be subject to an annual service fee of

(i) sixty-five euro (€65) for a 40 Amps single

phase network connection; and

(ii) a fee of one hundred and forty euro (€140) for a

40 Amps three phase network connection; and

(iii) a fee of one hundred and ninety-five euro

(€195) for a 60 Amps or more three phase network

connection;

(b) without prejudice to the other provisions of these

regulations, the supply of electricity to a residential premises

shall be subject to the following maximum consumption tariff,

which may be billed on a pro rata basis. The said maximum

consumption tariff shall be based on a cumulative consumption,

which shall consist of the amounts derived from the cumulative

application of each of the following thresholds every year

i.

For every kWh of the first 2,000 kWh

€0.1047;

ii.

For every kWh of the next 4,000 kWh

€0.1298;

iii. For every kWh of the next 4,000 kWh

€0.1607;

iv.

For every kWh of the next 10,000 kWh

€0.3420;

v.

For every kWh of the remaining

€0.6076.

consumption

(2) Without prejudice to the other provisions of these

regulations, a residential premises three phase network connection

exceeding 60 Amps per phase shall also be subject to a maximum

demand tariff at the rate of twenty-one euro and five cents (€21.05) per

annum per kW of the maximum demand in any period during the year.

2. Methodology for Calculation of Tariffs for residential

premises

(1) The distribution system operator shall be entitled to use its

own discretion as to how to calculate and bill the amounts derived

from the application of the maximum consumption tariff in item

1(1)(b) on a pro rata basis

Provided that

(a) the amount which is billed by the distribution system

operator for a period of a calendar year shall not exceed the

amounts derived from the application of the maximum tariff as

established by the Regulator in accordance with regulation 24

and within the limits prescribed in section 1; and

(b) the distribution system operator shall keep the

Regulator informed of any methodology it adopts in calculating

and billing the consumption tariff on a pro rata basis.

(2) Notwithstanding the provisions of item 2(1)(a), and that the

distribution system operator may adopt an adjustment mechanism to

ensure compliance with the provisions of item 2(1)(a), any bill issued

by a distribution system operator, whether for a pro rata period of any

calendar year or otherwise, shall be due to be paid on the date as

indicated on the bill by the distribution system operator,

notwithstanding that such bill may only refer to a part of a calendar

year.

(3) In order to give effect to the provisions of item 2(1), the

distribution system operator shall use all reasonable endeavours and

procedures, in accordance with the provisions of these regulations, to

obtain a reading of actual consumption incurred by the customer.

Where the distribution system operator is unable to obtain the said

reading of the actual consumption incurred for reasons beyond its

control, it may thereafter rely on estimates of the actual consumption

incurred by the customer.

(4) Where the supply of electricity to a residential premises is

only provided for a part of a calendar year, the maximum consumption

tariff shall be calculated by applying the cumulative thresholds referred

to in item 1(2) proportionately to the days during which a residential

electricity is actually supplied by the distribution system operator, so

that each of the units (kWh) referred to in item 1(2) shall be divided by

the number of days in a calendar year and applied accordingly to the

days during which a residential premises service is actually provided.

(5) Without prejudice to the other provisions of these

regulations, the supply of electricity to a residential premises, which is

provided to the primary residence of an individual, shall be eligible for

an eco-reduction of the amount due for consumption of electricity for

the billing period in question, which shall be calculated in accordance

with the following rates, on a pro rata basis of the relative billing

period

(a) when only one ( 1 ) individual is registered on a

residential premises network connection, the customer shall be

eligible for an eco-reduction of twenty-five per cent (25%) of all

the amount due for consumption of electricity for the billing

period in question if the consumption does not exceed the pro

rata equivalent consumption of two thousand kWh (2,000

kWh) every year; or

(b) when more than one (1) individual is registered on a

residential premises network connection, the customer shall be

eligible for the following eco- reduction

(i) where the consumption for the billing period in

question d o e s not exceed the pro rata equivalent of one

thousand kWh (1,000 kWh) every year per individual

registered, an eco-reduction of twenty-five percent (25%)

of all the amount due for consumption of electricity for

the period in question shall apply; or

(ii) where the consumption for the billing period in

question exceeds the pro rata equivalent of one thousand

kWh (1,000 kWh) every year per individual registered but

does not exceed, nor is equal to, the pro rata equivalent

consumption of one thousand seven hundred and fifty kWh

(1,750kWh) every year per individual registered, an eco-

reduction of twenty-five per cent (25%) for that part of the

consumption which is the pro rata equivalent of one

thousand kWh (1,000 kWh) every year per individual

registered and of fifteen per cent (15%) for the remainder

which is the pro rata equivalent consumption of up to

seven hundred and fifty kWh (750kWh) every year per

individual registered for the period in question shall

apply

Provided that no individual shall be registered on more than

one (1) residential premises at the same time and that the eco-reduction

shall only apply to the primary residence of an individual registered in

accordance with regulation 24(15)

Provided further that an eco-reduction shall only be

calculated on the basis of an actual reading of the consumption taken

by a representative of the distribution system operator or by a

customer reading provided to a representative of the distribution

system operator through an established procedure by the customer

registered on the connection account, and notwithstanding the

provisions of any other law, if an actual reading or a customer

reading as defined in this proviso are not be available for the

billing period in question, the customer’s eligibility for an eco-

reduction on the relevant premises for such billing period shall be

forfeited permanently.

(6)

All the rates in this Schedule are inclusive of Value Added

Tax.

(1)

In these regulations, unless the context otherwise Interpretation.

requires

"Act" means the Regulator for Energy and Water Services Cap. 545.

Act;

"agency agreement" means a contract whereby the

distribution system operator appoints an agent to provide

services in connection with a specific location or premises, as

specified in these regulations and in the relevant contract, for and

on behalf of the distribution system operator;

"applicant" means a person who submits an application to

the distribution system operator;

"application" means an application submitted to the

distribution system operator, as may be required from time to

time, for services provided by the distribution system operator,

including for those services referred to in regulation 5(4);

"authorised provider" shall have the same meaning as

assigned to it in the Electrical Installations Regulations;

"building unit" means a building or part of a building,

section, floor or apartment within a building which is designed

or altered to be used separately and which has a separate

connection to the network;

"bulk network connection" means a three phase connection

to the network in excess of sixty (60) Amps per phase, provided

through one (1) meter;

"CHP" or "cogeneration" means the simultaneous

generation in one (1) process of thermal energy and electrical or

mechanical energy;

"commodatum agreement" means a gratuitous loan for use,

for a specified time or purpose, subject to the obligation of the

borrower to restore the thing itself as regulated by the relevant

agreement and the Civil Code ;

"connection" or "network connection" means the

connection of a customer to the distribution network for the

purposes of importing electricity from and, or exporting

electricity to the distribution network and, or the connection of a

temporary installation

Provided that a customer may be registered with the

distribution system operator with respect to more than one (1)

connection to the distribution network

Provided further that each premises or temporary

installation may only have one (1) connection to the distribution

network;

"customer" means any person connected or entitled to be

connected to the network by the distribution system operator and

who imports electricity from and, or exports electricity to the

distribution network;

"day consumption" means the consumption registered

between 06:00 hours and 22:00 hours of the same day;

"developer" means, in relation to a development or a single

building unit, as applicable, any person who

(i) owns the land on which the development is, or

shall be, situated;

(ii)

is constructing a development or a single

building unit;

(iii) is indicated in the planning permission

application in respect of the relevant development; and, or

(iv) submits an application for a new load or

upgrade with a distribution system operator;

"development" means a building or structure consisting of

two (2) or more building units, provided that for the purpose of

these regulations, one (1) or more buildings or structures which

are subject to more than one (1) development planning

applications shall be considered as a single (1) development if

the relevant buildings or structures are either physically

internally interconnected with each other, at any level, or the

distribution system operator determines that they form part of

one (1) project;

"distribution system operator" shall have the same meaning

as assigned to it in the Electricity Regulations and any function S.L. 545.34.

to be performed, decision to be taken and, or discretion to be

exercised by the distribution system operator in accordance with

these regulations shall be performed, taken and, or exercised, as

applicable, by such person or persons that the board of directors

of the distribution system operator authorises for such purpose,

and in accordance with the terms and conditions as the said

board of directors deems appropriate. For the purposes of these

regulations a reference to the distribution system operator shall

also be construed, where required, as being a reference to any

subsidiary or associated company of the distribution system

operator, or to any other entity, however so described, duly

authorised in writing by the distribution system operator to

perform any of the functions that the distribution system operator

may undertake in accordance with these regulations including,

without limitation, a service provider and, or an agent acting

under an agency agreement, in each case in relation to the

relevant functions of the distribution system operator;

"domestic premises" means a premises which includes

private dwellings with no persons registered with the distribution

system operator as residing in them, such as secondary

residence, or private garages, not exceeding fifty (50) square

metres, and common areas including roofs, stairs, lifts, terraces

and gardens which are used solely for private dwellings;

"electric vehicle" or "EV" shall have the same meaning

assigned to it in the Publicly Accessible Electric Vehicle

Charging Infrastructure Regulations;

"electrical installation" means a system of electrical wirings

and equipment intended for conveying electricity and the

disconnecting apparatus located on the customer’s side of the

electricity service meter;

"energy storage facility" shall have the same meaning as

assigned to it in the Electricity Regulations;

"EN 50549" means the European standard covering the

requirements for generating plants that are connected in parallel

with the distribution network;

"EV meter" means an electricity meter installed or

approved by the distribution system operator for the purpose of

measuring the consumption of electricity for the charging of an

EV;

"generator" means a person or a body who generates

electricity in accordance with a licence or exemption or

otherwise, in accordance with the Electricity Regulations;

"high voltage" or "HV" means voltage of nominal RMS

value greater than thirty three kV (33kV) in relation to

alternating current between any conductor;

"HV contribution" means a contribution fee towards the

high or medium voltage kVA capacity costs;

"institutional households" shall include the following

buildings

(a) healthcare institutions such as buildings used as

a hospital, nursing home or as any institution providing

medical or nursing care;

(b) institutions for retired, elderly or disabled

persons, including buildings used as a home for the retired

or elderly persons or persons with any disability;

(c) educational institutions including buildings

used as a boarding school or for similar purposes;

(d) care institutions including buildings used as

orphanages, shelter homes, open centres for refugees or for

similar purposes;

(e) religious institutions including buildings used

as convents, retreat houses or for similar purposes;

(f)

military institutions such as military barracks;

and

(g)

other institutions including buildings used as

boarding houses, penal or correctional facilities or for

similar purposes;

"kV" means kilo Volt;

"kVA" means kilo Volt Ampere;

"kVAh" means kilo Volt Ampere hour;

"kW" means kilo Watt;

"kWh" means kilo Watt hour;

"low voltage" or "LV" means voltage of nominal RMS

value equal or less than one kV (1kV) in relation to alternating

current between any conductor;

"maximum demand in any period" means twice the highest

demand in kWh or kVAh supplied during any thirty (30)

consecutive minutes during the year, or quarter of the year, as the

case may be, as registered by the maximum demand indicator or

register of the meter installed in such premises by the

distribution system operator

Provided that

(a) where the seal of a maximum demand indicator

of the meter is found broken or tampered with, the indicator

shall be conclusively deemed to have registered the highest

demand in kW or kVA, depending on the applicable tariff,

which the meter is capable of registering; or

(b) where a maximum demand indicator or register

of the meter is found to be defective, for reasons other than

breaking or tampering, the maximum demand supplied

made in any period during the last preceding year or, as the

case may be, during the last preceding corresponding

trimester shall, unless it is otherwise agreed between the

distribution system operator and the customer, apply to the

year or, as the case may be, to the trimester in relation to

which such indicator or register is found to be defective,

until the indicator or register is repaired or replaced by the

distribution system operator

Provided further that, without prejudice to the other

provisions of these regulations and for the purposes of this

definition only, "year" means a period of approximately twelve

(12) consecutive months ending on such day not earlier than the

24th March and not later than the 7th April on which a reading is

carried out;

"medium voltage" or "MV" means voltage of nominal RMS

value greater than one kV (1kV) up to thirty three KV (33kV) in

relation to alternating current between any conductor;

"meter" means the electricity meter and any other

associated equipment and wiring provided and installed, or

approved, by the distribution system operator to register the

electricity generated and, or imported and, or exported by a

customer and, where applicable, the maximum demand in the

relevant premises or temporary installation;

"network" means the electricity distribution system;

"network code" shall have the same meaning as assigned to

it in regulation 29 of the Electricity Regulations;

"night consumption" means the consumption of electricity

registered between 22.00 hours of one (1) day and 06.00 hours of

the following day;

"non-residential premises" means any premises which may

be provided with a connection to the network and which is not a

domestic premises or a residential premises;

"person" means a natural or legal person;

"physically internally interconnected" means premises that

are internally physically accessible without one having the need

to pass through public ways including

(a)

common areas;

(b)

basement garages; or

(c)

interconnected dwelling places;

"premises" means any site, area, land, development,

building, structure, building unit, single building unit,

institutional household, vehicle, installation and, or device,

which may be connected to the network through a separate

network connection for the purposes of import and, or export of

electricity and includes, without limitation any residential

premises, domestic premises and non-residential premises;

"primary residence" means the dwelling place in which an

individual habitually resides as his principal place of abode in

Malta, as may be established by documentary evidence

Provided that a dwelling place shall not be considered

as a primary residence if the property is also predominantly used

for commercial, industrial or manufacturing purposes or for any

form of trade or profession;

"public charging station" means for the purpose of these

regulations, an EV charging station located within a public road

or public space where the demand relates only to EV charging;

"residential premises" means any premises used solely and

regularly as a private dwelling where at least one (1) person is

registered with the distribution system operator as residing in it,

but does not include institutional households;

"reading" means a reading of the electricity generated,

imported from and, or exported to the network and registered by

a meter, by a person authorised by the distribution system

operator to undertake the said readings, or through a remote

reading mechanism, or in the manner indicated in the proviso to

regulation 22(16);

"Regulator" means the Regulator for Energy and Water

Services established by article 3 of the Act;

"RES" means energy from renewable non-fossil sources,

namely wind, solar such as solar thermal and solar photovoltaic

and geothermal energy, ambient energy, tide, wave and other

ocean energy, hydropower, biomass, landfill gas, sewage

treatment plant gas and biogas;

"RMS" means root-mean square of the AC voltage value;

"route length" means when referring to an extension with

overhead lines or by underground cable, the horizontal distance

from the nearest suitable low voltage connection point, or

suitable substation, as the case may be, to the meter box along a

cable and, or aerial line through a publicly accessible road or

passageway;

"secondary residence" means any immovable property used

solely for residential purposes, other than that which serves as an

individual’s primary residence;

"single building unit" means a premises consisting of an

entire building or structure having a single connection to the

network, excluding any other network connection for the export

of electricity;

"smart meter" means an advanced electricity meter that

stores data related to the consumption and export of electricity

enabling two-way transfer of data through a network, primarily

for monitoring and billing purposes;

"special readings of meters" means the reading of a meter

made at the request of the customer;

"standard material" means cables, transformers accessories

normally stored and used by the distribution system operator to

extend network connections;

"standard network connection" means a network

connection through one (1) meter which may be any one (1) of

the following

(a)

single phase network connections of forty (40)

Amps;

(b) three phase network connections of forty (40)

Amps per phase; and

(c) three phase network connections of sixty (60)

Amps per phase;

"suitable low voltage connection point" means an existing

connection point on the low voltage network from where

extensions can be connected using the standard materials used by

the distribution system operator and which is the least-cost

technically acceptable connection, wherever possible, which

meets the requirements of the network code;

"suitable substation" means an existing non-dedicated

substation where the peak load of the substation at the time of the

application and, or consultation stage including the additional

load shall not exceed seventy-five per cent (75%) of the

transformer rating, as long as the transformer cannot be replaced

by one with a larger rating;

"substation" means an enclosure housing the equipment

and, or apparatus for either transforming or converting energy to,

or from high voltage to low voltage, or vice versa, or for

switching, controlling or regulating the energy at high voltage,

and includes the equipment and apparatus therein;

"substation land" means the area over which a substation is

built or the area which has been identified for a substation to be

built on;

"temporary installation" means an electrical installation

which is not of a permanent nature and which may include but is

not limited to, decorative street lighting, public entertainment

facilities, outdoor mobile units, cranes and any construction

sites.

(2) Unless the context otherwise requires, words and phrases

used in these regulations which are not herein defined shall have the

same meaning as that assigned to them in the Act and in the Electricity S.L. 545.34.

Regulations.

(regulation 24)

1. Maximum Consumption Tariffs

The supply of electricity to a non-residential premises shall be

billed, for any period as the distribution system operator may from

time to time determine, in accordance with fees and tariffs which shall

not exceed the following

(1) without prejudice to the other provisions of these

regulations the supply of electricity to a non-residential single phase

network connection shall be subject to an annual service fee of

(i) one hundred and twenty euro (€120) for a 40 Amps

single phase network connection;

(ii) two hundred and forty euro (€240) for a 40 Amps

three phase network connection; and

(iii) three hundred and sixty euro (€360) for a 60 Amps or

more three phase network connection;

(2) without prejudice to the other provisions of these

regulations, the supply of electricity to a non-residential premises shall

be subject to one (1) of the following annual consumption tariffs which

may be billed on a pro rata basis

(a) electricity consumption shall be metered in kWh and

shall be billed at the following maximum tariffs

For every kWh of the first 2,000 kWh

€0.1215;

For every kWh of the next 4,000 kWh

€0.1275;

iii. For every kWh of the next 4,000 kWh

€0.1373;

For every kWh of the next 10,000 kWh

€0.1485;

For every kWh of the next 40,000 kWh

€0.1613;

For every kWh of the next 40,000 kWh

€0.1500;

vii. For every kWh of the next 900,000 kWh

€0.1403;

viii. For every kWh of the next 4,000,000 kWh

€0.1275;

For every kWh of the remaining

€0.1080;

consumption

(b) a customer in a non-residential premises with a

consumption exceeding 5,000,000kWh may apply to be billed at

day and night kWh rates at the following maximum tariffs

(i) day consumption shall be subject to the

following tariffs

For every kWh of the first 2,000 kWh

€0.1230;

For every kWh of the next 4,000 kWh

€0.1290;

For every kWh of the next 4,000 kWh

€0.1388;

For every kWh of the next 10,000 kWh

€0.1500;

For every kWh of the next 40,000 kWh

€0.1628;

For every kWh of the next 40,000 kWh

€0.1515;

For every kWh of the next 900,000 kWh

€0.1418;

For every kWh of the next 4,000,000 kWh

€0.1290;

For every kWh of the remaining consumption

€0.1095;

(ii)

night consumption shall be subject to the

following tariffs

i.

For every kWh of the first 2,000 kWh

€0.0953;

ii.

For every kWh of the next 4,000 kWh

€0.1013;

iii. For every kWh of the next 4,000 kWh

€0.1110;

iv.

For every kWh of the next 10,000 kWh

€0.1223;

v.

For every kWh of the next 40,000 kWh

€0.1350;

vi.

For every kWh of the next 40,000 kWh

€0.1238;

vii. For every kWh of the next 900,000 kWh

€0.1140;

viii. For every kWh of the next 4,000,000 kWh

€0.1013;

ix.

For every kWh of the remaining

€0.0818;

consumption

(c) a customer in a non-residential premises that is rated

at 100 Amps or more per phase may apply to be metered and

billed in kVAh at the following maximum tariffs

i.

For every kVAh of the first 2,000 kVAh

€0.1118;

ii.

For every kVAh of the next 4,000 kVAh

€0.1170;

iii. For every kVAh of the next 4,000 kVAh

€0.1260;

iv.

For every kVAh of the next 10,000 kVAh

€0.1365;

v.

For every kVAh of the next 40,000 kVAh

€0.1485;

vi.

For every kVAh of the next 40,000 kVAh

€0.1380;

vii. For every kVAh of the next 900,000 kVAh

€0.1290;

viii. For every kVAh of the next 4,000,000 kVAh

€0.1170;

ix.

For every

kVAh of the remaining

€0.0990;

consumption

(d) a customer in a non-residential premises that is rated

at 100 Amps or more per phase and has a consumption exceeding

5,500,000 kVAh may apply to be metered and billed at day and

night kVAh rates at the following maximum tariffs

(i) day consumption shall be subject to the

following tariffs

i.

For every kVAh of the first 2,000 kVAh

€0.1113;

ii.

For every kVAh of the next 4,000 kVAh

€0.1185;

iii.

For every kVAh of the next 4,000 kVAh

€0.1275;

iv.

For every kVAh of the next 10,000 kVAh

€0.1380;

v.

For every kVAh of the next 40,000 kVAh

€0.1500;

vi.

For every kVAh of the next 40,000 kVAh

€0.1395;

vii.

For every kVAh of the next 900,000 kVAh

€0.1305;

viii. For every kVAh of the next 4,000,000 kVAh

€0.1185;

ix.

For every kVAh of the remaining consumption

€0.1005;

(ii) night consumption shall be subject to the

following tariffs

i.

For every kVAh of the first 2,000 kVAh

€0.0855;

ii.

For every kVAh of the next 4,000 kVAh

€0.0908;

iii.

For every kVAh of the next 4,000 kVAh

€0.0998;

iv.

For every kVAh of the next 10,000 kVAh

€0.1103;

v.

For every kVAh of the next 40,000 kVAh

€0.1223;

vi.

For every kVAh of the next 40,000 kVAh

€0.1118;

vii.

For every kVAh of the next 900,000 kVAh

€0.1028;

viii.

For every kVAh of the next 4,000,000 kVAh

€0.0908;

ix.

For every kVAh of the remaining consumption

€0.0728.

(3) Without prejudice to the other provisions of these

regulations, a non-residential premises three phase network connection

exceeding 60 Amps per phase shall also be subject to a maximum

demand tariff at the following annual cumulative consumption rates

(a) where consumption does not exceed or is equal to

5,000,000 kWh, at a rate of twenty euro and fifty cents (€20.50)

per kW of the maximum demand in any period during the year;

(b) where consumption does not exceed or is equal to

5,500,000kVAh, at a rate of nineteen euro and twenty cents

(€19.20) per kVA of the maximum demand in any period

during the year;

(c) where consumption exceeds 5,000,000 kWh or

5,500,000 kVAh, at a rate of seventeen euro and twenty cents

(€17.20) of the maximum demand in any period during the

year.

(4)

All the above rates are exclusive of value added tax.

2. Methodology for the Calculation of Tariffs

(1) The distribution system operator shall be entitled to use its

own discretion as to how to calculate and bill the amounts derived from

the application of the consumption tariffs for supply of electricity to a

non-residential premises in item 1(2) on a pro rata basis, such that the

distribution system operator shall also be entitled to apportion the

relative thresholds in each of the consumption tariffs referred to in item

1(2) to specific billing periods throughout a year at its discretion, and

apply such thresholds accordingly, on a pro rata basis

Provided that the distribution system operator shall keep

the Regulator informed of any methodology it adopts in calculating

and billing the consumption tariffs on a pro rata basis.

(2) Any bill issued by the distribution system operator for

supply of electricity to a non-residential premises, whether for a pro

rata period of any calendar year or otherwise, shall be due to be paid

on the date as indicated on the bill by the distribution system operator,

notwithstanding that such bill may only refer to a part of a calendar

year.

(3) In order to give effect to the provisions of item 2(1), the

distribution system operator shall use all reasonable endeavours and

procedures, in accordance with the provisions of these regulations, to

obtain a reading of actual consumption incurred by the customer.

Where the distribution system operator is unable to obtain such a

reading of the actual consumption incurred for reasons beyond its

control, it may thereafter rely on estimates of the actual consumption

incurred by the customer.

(4) Where supply of electricity to a non-residential premises is

only provided for a part of a calendar year, the maximum consumption

tariffs shall be computed by applying the cumulative thresholds

referred to in item 1(2) proportionately to the days during which supply

of electricity to a non-residential premises is actually provided by the

distribution system operator, such that each of the units (kWh or kVAh)

referred to in item 1(2) shall be divided by the number of days in a

calendar year and applied accordingly to the applicable billing period

during which supply of electricity to a non-residential premises is

actually provided.

(1) The distribution system operator shall, subject to Distribution

compliance with these regulations and payment of the fee stipulated in system

and duty to

Section 1 of the Sixth Schedule, connect a premises to the distribution connect

network.

system through a network connection when requested to do so by any

person who owns or administers or has under its control the premises,

or a person who provides a declaration stating that the owner of such

premises has granted due authorisation, to enable electricity to be

imported from and, or exported to the network

Provided that the distribution system operator may also

connect a temporary installation to the network when requested to do

so by means of the appropriate application procedures.

(2)

The duty of the distribution system operator includes a

duty to provide and maintain the connection as may be necessary to

enable such connection to be used for the purposes for which it is

required by the customer.

(3) The duties of the distribution system operator shall be

subject to the provisions of these regulations.

(regulation 24)

1. Maximum Consumption Tariffs

The supply of electricity to a domestic premises shall be billed,

for any period as the distribution system operator may from time to

time determine, in accordance with fees and tariffs which shall not

exceed the following

(1) Without prejudice to the other provisions of these

regulations the supply of electricity to domestic premises shall be

subject to the following annual service fee of

(a) sixty-five euro (€65) for a 40 Amps single-phase

network connection;

(b) one hundred and forty euro (€140) for a 40 Amps

three phase network connection; and

(c) one hundred and ninety-five euro (€195) for a 60

Amps or more three phase network connection.

(2) Without prejudice to the other provisions of these

regulations a domestic premises network connection shall be subject to

the following maximum consumption tariff which may be billed on a

pro rata basis. The said maximum consumption tariff shall be based on

a cumulative consumption, which shall consist of the amounts derived

from the cumulative application of each of the following thresholds,

per annum

i.

For every kWh of the first 2,000 kWh

€0.1365;

ii.

For every kWh of the next 4,000 kWh

€0.1673;

iii.

For every kWh of the next 4,000 kWh

€0.2023;

iv.

For every kWh of the next 10,000 kWh

€0.4180;

v.

For every kWh of the remaining consumption

€0.6860.

(3) Without prejudice to the other provisions of these

regulations, a domestic premises three phase network connection

exceeding 60 Amps per phase shall also be subject to a maximum

demand tariff at the rate of twenty-one euro and five cents (€21.05) per

annum per kW of the maximum demand in any period during the year.

(4)

All the above indicated rates are inclusive of value added

tax.

2. Methodology for the Calculation of Tariffs

(1) The distribution system operator shall be entitled to use its

own discretion as to how to calculate and bill the amounts derived

from the application of the consumption tariff in item 1(2) on a pro

rata basis

Provided that

(a) the amount which is billed by the distribution system

operator for a period of a calendar year shall not exceed the

amounts derived from the application of the maximum tariff as

established by the Regulator in accordance with these

regulations and within the limits prescribed in item 1; and

(b) the distribution system operator shall keep the

Regulator informed of any methodology it adopts in calculating

and billing the consumption tariff on a pro rata basis.

(2) Notwithstanding the provisions of item 2(1)(a) and that the

distribution system operator may adopt an adjustment mechanism to

ensure compliance with the provisions of item 2(1)(a), any bill issued

by the distribution system operator, whether for a pro rata period of

any calendar year or otherwise, shall be due to be paid on the date as

indicated on the bill by the distribution system operator,

notwithstanding that such bill may only refer to a part of a calendar

year.

(3) In order to give effect to the provisions of item 2(2), the

distribution system operator shall use all reasonable endeavours and

procedures, in accordance with the provisions of these regulations, to

obtain a reading of actual consumption incurred by the customer.

Where the distribution system operator is unable to obtain the said

reading of the actual consumption incurred for reasons beyond its

control, it may thereafter rely on estimates of the actual consumption

incurred by the customer.

(4) Where supply of electricity to a domestic premises is only

provided for a part of a calendar year, the maximum consumption tariff

shall be computed by applying the cumulative thresholds referred to in

item 1(2) proportionately to the days during which supply of electricity

to a domestic premises is actually provided by the distribution system

operator, such that each of the units (kWh) referred to in item 1(2) shall

be divided by the number of days in a calendar year and applied

accordingly to the days during which supply of electricity to a

domestic premises is actually provided.

The following connections to individual customers shall be Network

connections.

provided by the distribution system operator

(a)

standard network connection; or

(b)

bulk network connection.

(regulation 24)

(1) Without prejudice to the other provisions of these

regulations, a service for the charging of electric vehicles in a non-

residential premises shall be subject to the payment of the following

monthly fees

(a) six euro (€6) per month service fee (inclusive of

value added tax) in case of a single phase network connection;

and

(b) eight euro (€8) per month service fee (inclusive of

value added tax) in case of a three phase network connection.

In the case of public EV charging stations, the service fees and

tariffs listed in the Second Schedule shall not apply and the service fees

and tariffs listed in this Schedule shall apply instead.

(2) Without prejudice to the other provisions of these

regulations, the consumption for the charging of electric vehicles in a

non-residential premises, as measured by the EV meter installed for

such purpose, and during the time periods between 00:00 and 05:59

and between 12:00 and 15:59, and Sundays all day from 00:00 to 23:59

of the same day, shall be billed at the rate of zero point one, two, nine,

eight per kWh (€0.1298/kWh), which is inclusive of value added tax.

(3) The consumption of electricity for the charging of electric

vehicles in a non-residential premises as measured by the EV meter

outside the time periods between 00:00 and 05:59, between 12:00 and

15:59 and Sundays all day between 00:00 to 23:59 of the same day,

and as measured by the meter installed for such purpose, shall be billed

at the rate of zero point one, four, eight, five per kWh (€0.1485/kWh),

which is inclusive of value added tax.

(4) Where the EV meter is installed as a supplementary meter

to the main consumption meter supplying the premises, the

consumption as measured by the EV meter shall be deducted for

billing purposes from the consumption measured by the main

consumption meter.

(5) In the case of public EV charging stations, only the service

fees and the tariffs listed in this Schedule shall apply.

(1) Any person who owns or administers or has under its Procedure for

control a premises or temporary installation, or a person who provides requesting

connection or

a declaration stating that the owner of the said premises has granted alteration.

due authorisation, or any person who requires to become a customer,

may make a request to the distribution system operator for a network

connection or for an alteration to an existing network connection.

When a connection is requested to be made by the distribution system

operator in pursuance of regulation 3, the customer shall submit an

application to the distribution system operator.

(2) The application referred to in sub-regulation (1) shall be

made in such form and manner, and shall contain, or be accompanied

by, such information and documents as may be prescribed by the

distribution system operator on its website. The application shall also

be accompanied by the applicable fee set out in the Sixth Schedule.

(3) The particulars contained in the application shall be subject

to verification by the distribution system operator, following which the

distribution system operator may

(a) request further information from the applicant in

relation to the required connection; and

(b) carry out an inspection of the temporary installation,

premises and, or the electrical installation to which the

application relates.

(4) A request for any service provided by the distribution

system operator shall be submitted using the appropriate application

form or other procedure established by the distribution system operator

from time to time, which shall be completed in full and submitted to

the distribution system operator in the manner so prescribed. Services

provided by the distribution system operator that require the

submission of an application form or such other procedure include the

following

(a)

a request for a new network connection;

(b) a request for an addition or reduction of capacity or a

modification to an existing network connection;

(c) a request for temporary network connection of a

temporary installation;

(d)

a request for a change of tariff;

(e) a request for a change in number of persons declared as

residing in the residential premises;

(f)

a request for transfer of account;

(g) a request for connection of distributed generators

including those operating as a RES or cogeneration; or

(h) any other application which may be required from

time to time for services provided by the distribution system

operator

Provided that where a customer already registered with the

distribution system operator with respect to any premises or temporary

installation requests a connection for a different premises and, or

temporary installation, the said application shall be deemed to be an

application for a new connection, even if such other premises and, or

temporary installation were previously connected to the network by

the distribution system operator.

(5) Houses, apartments, flats, factories, hotels, commercial

outlets, offices and any other buildings which are physically internally

interconnected shall be provided with only one (1) network connection

unless otherwise authorised by the distribution system operator.

(6) An application for a network connection or the upgrade of

an existing network connection submitted to the distribution system

operator shall be signed by an authorised provider holding the required

authorisation for the type of electrical installation in accordance with

the Electrical Installations Regulations

Provided that applications to connect electrical installations

with a current rating equal to or greater than three hundred (300) Amps

on any phase, shall be signed by a warranted electrical engineer duly

authorised in accordance with the requirements of Electrical S.L. 545.24.

Installations Regulations.

(7) The application to the distribution system operator shall

include a declaration stating that the electrical installation has been

inspected and tested in accordance with these regulations, the

Electrical Installations Regulations, the network code, EN 50549 S.L. 545.24.

standard and all other applicable rules and technical procedures and

that the relevant electrical installation is in conformity thereto.

(8) The distribution system operator shall verify the

information contained in the application and the related documentation

submitted in accordance with this regulation. Where an application is

deemed by the distribution system operator to be incomplete, or fails

to comply with the requirements of these regulations, or where the

electrical installation subject of the application is found to be non-

compliant with the requirements of these regulations, the application

shall be rejected and referred back to the applicant, who shall be liable

to the payment of a fee as stipulated in item 5 of the Sixth Schedule.

(9) The developer, and, or owner and, or applicant shall consult

with the distribution system operator during

(i)

the design of a new development;

(ii)

alterations of an existing building or development;

(iii) alterations of an existing electrical installation that

requires an upgrade of the electricity supply connection; and, or

(iv) during the process to obtain the development

permission,

by providing the necessary load breakdown and other information

that may be required by the distribution system operator. The outcome

of the consultation shall be recorded in writing and provided to the

developer and, or owner and, or applicant.

(regulation 24)

1. Without prejudice to the other provisions of these

regulations, a service for the charging of electric vehicles in a

residential premises shall be subject to the payment of the following

monthly service fees

(a) four euro (€4) per month in case of a single-phase

EV meter installation; and

(b) six euro (€6) per month in case of a three-phase

EV meter installation.

2. Without prejudice to the other provisions of these

regulations, the consumption for the charging of electric vehicles in a

residential premises, as measured by the meter installed for such

purpose, and during the time periods between 00:00 and 05:59 and

between 12:00 and 15:59 and Sundays all day between 00:00 to 23:59

of the same day shall be billed at the rate of zero point one, two, nine,

eight per kWh (€0.1298/kWh), which is inclusive of value added tax.

Any consumption of electricity for the charging of electric

vehicles in a residential premises, as measured outside the time periods

between 00:00 and 05:59 and between 12:00 and 15:59 and Sundays

all day between 00:00 to 23:59 of the same day shall be added to the

normal consumption of the residential premises service for the

respective billing period and charged in accordance with the First

Schedule.

The consumption measured during the time periods between

00:00 and 05:59 and between 12:00 and 15:59 and Sundays all day

between 00:00 to 23:59 of the same day by the EV meter installed as a

supplementary meter to the main consumption meter supplying the

premises, shall be deducted for billing purposes from the consumption

measured by the main consumption meter.

(1) The distribution system operator may require any

customer who requests, or who has already been provided with, a

connection, to provide a deposit by way of security for all amounts

which may become due to the distribution system operator in

connection with the supply of electricity to the customer. The deposit

shall be in such amount as established in item 1 of the Sixth Schedule.

(2) A deposit made in accordance with sub-regulation (1) shall

be refunded to the depositor upon his ceasing to be a customer,

provided that all amounts due to the distribution system operator in

respect of the supply of electricity in connection with his account have

been paid.

(3) The distribution system operator may, instead of requiring a

deposit to be made in accordance with sub-regulation (1), require a

customer to produce an undertaking by a third party acceptable to the

distribution system operator to bind himself in solidum with the

customer for the regular payments of all amounts that may become due

to the distribution system operator in connection with the supply of

electricity to the account of the said customer.

(4) If a person fails to provide a deposit by way of security

required in accordance with sub-regulation (1) or produce an

undertaking by a third party in accordance with sub-regulation (3), the

distribution system operator may

(a) if the connection has not been made, refuse to provide

the connection as long as compliance is not achieved; or

(b) if the connection has been provided, suspend the

connection or disconnect the connection in question.

(1)

The application fees for a new network connection are as

follows

A single-phase network connection

€300

A 40 A three phase network connection

€600

A 60 A three phase network connection

€900

RES (PV, CHP, Wind Turbine) for single phase

€50

RES (PV, CHP, Wind Turbine) for three phase

€150

EV single phase charging connection in a

€50

residential and, or non-residential premises with an

existing single or a three phase network connection

EV three phase charging connection in a

€80

residential and, or non-residential premises with an

existing three phase network connection

Deposit that may be requested by the distribution

€500

system operator in accordance with regulation 6(1)

(2)

The application fees for the alteration of a connection are as

follows

Replacement of single phase with 40 A three

€600 for every

phase (addition)

meter

Replacement of single phase with 60 A three

€900 for every

phase (addition)

meter

Replacement of three phase with single phase

€300 for every

meter

(reduction)

Shifting of meter

€200 for every

meter

Addition and shifting

€900 for every

meter

Addition of photovoltaic panels on same single

€50

phase network connection

Addition of photovoltaic panels on same three

€150

phase network connection

(3) The application fee for the removal and, or the replacement

of a network connection as requested by customer is fifty-five (€55).

(4)

The fees for a temporary connection are as follows

Type of temporary

Application Application

Deposit on

Renewal of

Renewal

network

of

fee for one

fee for six consumption

service connection

connection for network

(1) month (6) months

connectio-

one (1)

month

n for (6)

months

Constructi- 40A single

€250

€1,000

€120

phase

40A three

€500

€1,500

€150

phase

60A three

€750

€2,500

€200

phase or

greater

Boathouse 40A single

€460

€500

phase

40A single

€30

€180

€30

€30

€180

phase

40A three

€40

€240

€40

€40

€240

phase

60A three

€60

€360

€60

€60

€360

phase

Greater than

€550

€3300

€450

€60

€360

60A three

phase

(5)

The fees for non-compliant applications are as follows

Application found non-compliant during vetting

€50

Application found non-compliant during the provision

€50

of network connection

(6) A minimum fee of three hundred euro (€300) is charged for

an installation that has been found defective and has not been rendered

fit for connection to the network within one (1) month from date of

first test.

(7) A fee of fifty euro (€50) is charged for each subsequent test

after the first test when the installation was first found to be defective.

(8)

The fees for a network connection study are as follows

RES capacity

Fee for network connection

study

>11kW and ≤ 40kW

€0

>40kW and ≤ 100kW

€150

> 100kW and ≤ 500kW

€350

> 500kW and ≤ 3.2MW

€750

> 3.2MW and ≤ 8MW

€1,500

> 8MW and ≤ 30MW

€2,500

> 30MW

by quotation

(9)

The HV contribution is two hundred euro (€200) per kVA.

(10) Refund of HV contribution in the case of a substation fully

financed by the customer is two hundred euro (€200) per kVA

extended to new applicants.

(11) The amount of compensation for substation land shall be

determined in accordance with regulation 14.

(12) The fee for a missing meter is one thousand and five

hundred euro (€1,500).

(13) The fee for testing of a meter wherein it is found to be

registering correctly is seventy euro (€70)

(14) The fees for a special meter reading are as follows

Reading between 7am and 5pm

€25

Reading between 5pm and 9pm

€50

Reading between 9pm and 7am

€100

Reading taken on non-working days

Above indicated fees shall be

doubled

The above indicated fees shall be doubled for special reading

falling, even if in part, on a Saturday, Sunday or public and, or national

holiday in Malta.

(15) The fees for the reconnection to the network are as follows

Reconnection to the network after suspension related to

payments and refusal to replace meter

Reconnection to the network following suspension due to safety

(16) The fees for rescheduling an appointment related to a

request for network connection are as follows

Reschedule an appointment between 8am and 4pm on

any day from Monday to Friday, not being a public holiday

and not beyond the period of fifteen (15) working days of the

first scheduled visit

Reschedule an appointment between 4pm and 8pm on

any day from Monday to Friday, not being a public holiday or

between 8am and 4pm as long as appointment is not beyond

the period of fifteen (15) working days of the first scheduled

visit

Reschedule an appointment between 8am and 4pm on a

Sunday or public holiday, or beyond the period of fifteen (15)

working days of the first scheduled visit

(17) The fees for the repair consisting of the replacement of a

fuse are as follows

Fuse changing in customer premises

Fuse changing more than once

Fuse changing in substation

Fault due to customer’s internal installation

(18) The administration fee for meter found tampered by means

of the indication sticker or security alarm is one hundred and forty

euro (€140)

(19) The replacement cost for a broken meter is as follows

Single phase meter

Three phase meter up to 100A

LV three phase meter over 100A

HV meter

(20) HV and MV connection losses per LV side meter are

calculated as zero point three, five per cent (0.35%) of the registered

kWh units. (0.35% x kWh units).

(21) The cost of an installation and HV contribution to be

carried out by the distribution system operator shall be paid as follows

(a) estimates up to two thousand and five hundred euro

(€2,500) shall be paid in full on contract;

(b) estimates above two thousand and five hundred euro

(€2,500) shall be paid fifty per cent (50%) on contract and fifty

per cent (50%) prior to energising of extension, subject to a

minimum deposit of two thousand and five hundred euro

(€2,500).

(22) Where the customer requests the distribution system

operator to reschedule an appointment in any of the following

instances

(a) between 08:00 and 16:00 on any day from Monday to

Friday, not being a public holiday and not beyond the period of

fifteen (15) working days of the first scheduled visit, the

distribution system operator shall not request any charges;

(b) between 16:00 and 20:00 on any day from Monday to

Friday not being a public holiday, or between 08:00 and 16:00 on

a Saturday, as long as the appointment is not beyond the period

of fifteen working days of the first scheduled visit, the

distribution system operator may request a charge equivalent to

an after hours fee of ten euro (€10); and, or

(c) between 08:00 and 16:00 on a Sunday or a public

holiday, or beyond the period of fifteen working days of the first

notified visit, the distribution system operator may request a

charge equivalent to an after hours fee of twenty-five euro (€25).

(23) The maximum variation of +10% on the distance element is

calculated as follows

Maximum allowed distance = 30,000 Am divided by the

requested fuse rating.

If the actual measured distance divided by the maximum allowed

distance is less or equal to 1.10, then the network connection is

provided with the requested fuse rating.

If it is greater than 1.10, repeat calculations using the next lower

fuse rating, until the result is less or equal to 1.10.

€5.85

(1) A one-time installation fee as stipulated in item 1 of Connection and

metering for the

the Sixth Schedule shall be due with every application for

charging of

electric

vehicles.

(a) an additional single-phase meter for the charging of

electric vehicles in any premises that is already provided with a

single phase or three phase network connection; and

(b) an additional three phase meter for the charging of

electric vehicles in a premises already provided with a three-

phase network connection

Provided that only one (1) additional meter for the charging

of electric vehicles may be provided on any single phase or three phase

consumption connection and account

Provided further that the additional meter for the charging

of electric vehicles installed as a supplementary meter of the main

consumption meter and on an existing network connection shall be

installed in close proximity of the consumption meter in a suitable

location as may be determined by the distribution system operator.

(2) An application for a new electricity network connection or

upgrade or modification of an existing network connection to a public

charging station shall be provided in accordance with the applicable

fees stipulated in item 1 of the Sixth Schedule.

(3) The installation from the EV meter, up to and including the

EV charging point, shall be the sole responsibility of the customer and

shall be compliant with any requirement of these regulations and with

any other applicable regulations.

(4) Any electrical installation from the EV meter up to, and

including the EV charging point shall be supplied from the same

connection and account supplying the EV meter.

(5) Without prejudice to the foregoing, the distribution system

operator may install additional control equipment or other apparatus to

the EV meter as it may deem appropriate.

(6) The electricity supplied through an EV meter shall only be

used for EV charging purposes. Any other use of such electricity and,

or the tampering with an EV meter shall constitute a breach of these

regulations and the provisions of regulations 21(4) and 26 shall apply

mutatis mutandis. In such circumstances, the distribution system

operator shall also be entitled to suspend the supply to the relevant

premises or temporary installation.

(7)

In the case of private communal car parking or reserved

private car spaces within the boundary of a development, the

installation of an EV meter, as a supplementary meter of the main

consumption meter of the premises or temporary installation, to supply

an EV charging point on a residential or domestic account shall only

be allowed where

(a) the private communal car parking or reserved private

car spaces shall have the same electrical source supplying the

main consumption meter of the premises or temporary

installation to which the residential or domestic account refers;

(b) the supplementary EV meter shall be installed in

proximity to the main consumption meter of the respective

premises or temporary installation;

(c) the electrical installation from the EV meter to the

charging point shall not pose any obstruction or danger to third

parties;

(d) proper labelling shall be affixed to the charging point,

the EV meter and the electrical installation referred to in

paragraph (c) to indicate that the EV charging installation is

sourced from a different electricity meter than the communal

meter supplying the common parts of the development and the

common parking areas; and

(e) the electrical installation supplied from the EV meter

shall be solely used for EV charging.

(8) In the case of private communal car parking or reserved

private car spaces within the boundary of a development, and where

the user of a private communal car parking area or reserved private car

space does not have a residential or domestic account and, or does not

own or occupy a building unit within the said development, the

installation of an EV meter to supply an EV charging point for private

non-commercial purposes shall only be allowed where

(a) the new EV meter shall have the same electricity

source supplying the meters of the common parts of the private

communal car parking area or reserved private car spaces and the

distribution system operator determines that the said EV meters

may be provided in accordance with these regulations

Provided that the customer registered as the account

holder for the connection to the common parts shall not be

responsible for the connection to the EV charging point, and that

the customer in whose name the EV meter is registered shall bear

sole responsibility;

(b) the EV meter shall be installed in proximity to the

consumption meters of the common parts;

(c) the electrical installation supplied from the EV meter

shall not pose any obstruction or danger to third parties; and

(d) the electrical installation supplied from the EV meter

shall be solely used for EV charging.

(1) New standard network connections or alteration to an Network

existing standard connection not exceeding 60 Amps on any phase connection

single building

shall be provided to the applicant in the case of a single building unit unit.

by the distribution system operator by extending the network

infrastructure from the nearest suitable low voltage connection point

or suitable substation, as determined by the distribution system

operator, to the single building unit.

(2) Any civil works that may be required for the provision of

the network connection, such as but not limited to trenching and laying

of underground cables, may be carried out by the applicant

(a) in conformity with the specifications provided by the

distribution system operator;

(b) following approval by the distribution system

operator; and

(c)

under the distribution system operator’s supervision.

(3) Where the route length is beyond one hundred and fifty

metres (150m) from the nearest suitable low voltage connection point

or suitable substation, the applicant and, or developer, as applicable

shall pay for the full cost of the low voltage extension, including any

civil works which may be required, less the applicable connection fee

stipulated in item 1 of the Sixth Schedule

Provided that the distribution system operator may opt to

extend the low voltage connection on a cost-sharing basis with the

applicant and, or developer, which cost sharing is to be applied on a

pro rata basis on the proportion of the kVA load used on one hand by

the distribution system operator and on the other hand by the applicant

and, or developer, as applicable. In such a case the distribution system

operator shall retain the right to extend network connections from the

said extension to third parties without making any additional payment

or compensation to the applicant.

(4) Extensions that exceed one hundred and fifty metres

(150m) shall be made using the standard materials used by the

distribution system operator, which shall be provided by the

distribution system operator only if the voltage regulation is within the

limits established in the network code. Where the voltage regulation

goes beyond the limits established in the network code, a new

substation shall be required for the network connection to the single

building unit.

(5) When the low voltage extension referred to in this

regulation has been fully financed by the applicant and, or the

developer, the said applicant and, or developer, as applicable, upon

submitting a request to the distribution system operator, shall be

entitled to a refund, in accordance with the mechanism established and

published by the distribution system operator in advance, for every

new connection provided by the distribution system operator to other

customers through the utilisation of the same low voltage extension

Provided that

(a) the entitlement to the said refund shall apply only up

to ten (10) years from the commissioning date of the low voltage

extension;

(b) the maximum cumulative refund to which the

relevant applicant shall be entitled to shall not exceed sixty-five

percent (65%) of the depreciated total amount paid by the said

applicant for the low voltage extension;

(c) the costs of any trenching and laying of underground

cables, carried out by the applicant and, or developer, as

applicable, shall be included in the cost used to calculate the

refund referred to in paragraph (b); and

(d) the costs of any trenching and laying of underground

cables referred to in paragraph (c) shall be calculated by a perit

appointed by the distribution system operator who shall base the

calculation on the rates charged by the Authority for Transport in

Malta and, or Infrastructure Malta or their successors at law for

trenching contracts at the time the original works were carried

out. The applicant and, or developer shall also provide the

original invoice and bill of quantity for the said works and any

related documents that the distribution system operator may

reasonably require.

(1) For the purposes of these regulations, multiple Network

customers within one (1) development may consist of residential connection

multiple

premises, non-residential premises, domestic premises, or a mixture of customers

within one

residential premises and, or non-residential premises and, or domestic development.

premises. The connection fees payable for each network connection up

to 60 Amps as established in the Sixth Schedule shall be applicable in

respect of each network connection not exceeding 60 Amps to each

building unit within a development with multiple customers.

(2) Where the number of connection units in a development

with multiple customers does not exceed eighteen (18), and where the

route length does not exceed three hundred metres (300m) from the

nearest suitable substation, the network connection may by extended

from the nearest suitable low voltage connection point or suitable

substation, as determined by the distribution system operator.

(3) Where the number of connection units in a development

with multiple customers does not exceed eighteen (18) and the route

length is beyond three hundred metres (300m) from the nearest

suitable low voltage connection point, the applicants shall pay for the

full cost of the extension, including any civil works which may be

required, less the applicable connection fee stipulated in item 1 of the

Sixth Schedule. Where the voltage regulation goes beyond the limits

established in the network code, a new substation shall be required for

the network connection to the said development with multiple

customers.

(4) New network connections for developments with multiple

customers shall be provided by the distribution system operator by

extending the network infrastructure from the nearest suitable

substation, as determined by the distribution system operator, to the

development, if all of the following criteria are satisfied

(a) the number of connection units is more than eighteen

(18) but does not exceed fifty (50);

(b) the route length from the nearest suitable substation

does not exceed three hundred metres (300m);

(c) the product of the number of connection units and the

route length in metres does not exceed six thousand and six

hundred (6,600) connection unit metres;

(d) the peak load of the existing substation at the time of

the application or consultation and the additional load estimated

at the diversified load given in regulation 9(7), when taken into

account in the aggregate, do not exceed seventy-five per cent

(75%) of the transformer rating, as long as the transformer cannot

be replaced by one with a larger capacity; and

(e)

the development is within a building development

zone

Provided that when all the conditions in this regulation are

satisfied, the connection fees payable for each network connection up

to 60 Amps, as established in the Sixth Schedule, shall be applicable in

respect of each network connection to each building unit within the

development.

(5) Any civil works, such as but not limited to trenching and

laying of cables, that may be required for the provision of a network

connection pursuant to sub-regulation (4), and is other than bulk

network connection, shall be carried out by the distribution system

operator.

(6) Where the number of connection units in a development

with multiple customers is more than eighteen (18) and any one (1) or

more of the criteria in sub-regulation (4) are not satisfied, a new

substation shall be required to provide the network connection to the

relevant development with multiple customers, unless the distribution

system operator determines, in its discretion, that a network

connection extended from an existing substation, or another technical

alternative, is adequate to

(a) meet the total demand of the whole multiple customer

development; and

(b)

comply with the requirements of the network code.

(7) The number of connection units and load in a multiple

customer development shall be calculated using the following

parameters

(a) a single phase 40 Amps network connection is

considered as one (1) connection unit;

(b) a three phase 40 Amps network connection is

considered as equivalent to three (3) connection units;

(c) a three phase 60 Amps network connection is

considered as four-and-a-half (4.5) connection units;

(d) an industrial and, or commercial building unit shall

be considered as four-and-a-half (4.5) connection units even

when the application is for a single phase 40 Amps network

connection;

(e) a car garage or parking space of up to fifty square

metres (50m 2 ) shall be considered as one-half (0.5) connection

units; and

(f) the diversified load for one (1) connection unit is

taken as 16 Amps.

(8) A network connection for an individual customer within a

multiple customer development shall be treated as a bulk network

connection if it requires more than 60 Amps three phase and shall be

extended in accordance with regulation 10

(a) from an existing substation within the multiple

customer development; and

(b) from a substation not within the multiple customer

development

Provided that the distribution system operator shall extend

the low voltage connection to the multiple customer development on a

cost-sharing basis with bulk network connection applicants and, or the

developer, as applicable, which cost sharing is to be applied on a pro

rata basis on the proportion of the kVA load used by the distribution

system operator on one hand and the bulk network connection

applicants and, or developer on the other hand

Provided further that a fee per kVA supplied shall be paid

by each bulk network connection applicant as HV contribution as

stipulated in item 9 of the Sixth Schedule and payment is to be effected

in accordance with item 21 of the Sixth Schedule.

Provided further that in such a case the distribution system

operator shall retain the right to extend network connections from the

said extension to third parties without making any additional payment

or compensation to the applicant.

(9) In the case of a multiple customer development that

requires a mix of one or more bulk network connections and one or

more standard network connections, the total current requested for the

multiple customer development is computed as the sum of the bulk

network connections current required and the number of building units

multiplied by the diversified load as set out in sub-regulation (7)

evenly distributed on the three phase as applicable. The network

connection for the multiple customer development shall be rated

according to the total current calculated and then provided using the

same criteria found in regulation 10.

(1) A new network connection to a multiple customer

development having a total load exceeding 60 Amps on any phase as

calculated in regulation 9(9) or a new bulk network connection shall be

provided by the distribution system operator by extending the network

infrastructure from the nearest suitable low voltage connection point

or suitable substation on the network, as determined by the distribution

system operator, when all the following criteria are satisfied

(a) the amount required in Amps per phase multiplied

by the distance in metres between the metering point on the

applicant’s premises and the low voltage panel in the nearest

suitable substation shall not exceed 30,000 Amp metre with a

maximum variation of +10% on the distance element. For this

purpose, the current requested shall consist of one of the

following standard values: 100 Amps, 125 Amps, 160 Amps, 200

Amps, 250 Amps, 315 Amps, 355 Amps, 400 Amps, 450 Amps,

500 Amps;

(b) the route length in metres between the metering point

on the applicant’s premises and the low voltage panel in the

nearest suitable substation does not exceed three hundred

metres (300m); and

(c) the bulk network connection required does not

exceed 500 Amps per phase.

(2) A bulk network connection shall not be extended from

overhead lines or from underground cables which are themselves

supplied from an overhead line.

(3) The full cost of the low voltage equipment and works,

including the civil works, trenching and cable laying, required for the

provision of the bulk network connection to the applicant and, or

developer, as applicable, shall be charged to the applicant and, or

developer, as applicable. In addition, a fee per kVA supplied shall be

paid by the applicant as HV contribution as stipulated in item 9 of the

Sixth Schedule and payment is to be effected in accordance with item

21 of the Sixth Schedule

Provided that the applicant may opt to carry out, at his own

expense, any trenching and cable laying in accordance with the

distribution system operators’ requirements and direction.

(4) The low voltage extension shall remain the property of the

distribution system operator until the whole amount due in respect of

the said low voltage extension has been paid. The customer in whose

premises or temporary installation the low voltage extension has been

installed shall be bound by a declaration in writing that neither the said

customer, nor any successors in title, shall offer any opposition to the

removal of the said low voltage extension by the distribution system

operator in the event that the amounts due to the distribution system

operator in respect of the low voltage extension, including interest

thereon as calculated in accordance with regulation 20(4), are not

settled in full and the distribution system operator determines that such

removal is appropriate in the circumstances.

(5) The maximum variation of +10% on the distance element

as referred to in regulation 10(1)(a) is calculated as stipulated in item

23 of the Sixth Schedule.

(6) If any one (1) or more of the criteria in regulation 10(1) are

not satisfied, the distribution system operator shall have the right to

require a new substation for the provision of the bulk network

connection in accordance with regulation 12.

(1) Where an existing customer or new customer requires Generating

to connect a generation unit to the network or increase the capacity of installations

energy storage

an existing generation unit, an application shall be submitted to the facilities.

distribution system operator in accordance with regulation 5 and in the

said application the applicant shall indicate the type of RES.

(2) The application submitted in accordance with sub-

regulation (1) shall be accompanied by a copy of the licence and, or

other relevant documentation issued by the Regulator for such purpose

in accordance with the Electricity Regulations as applicable, and the S.L. 545.34.

applicable fee stipulated in item 1 of the Sixth Schedule. The

distribution system operator shall, subject to the requirements of the

network code, connect the generator to the network and provide the

necessary metering equipment once all applicable charges and fees are

paid.

(3) (a) A RES or CHP generation unit or energy storage

facility that is intended to be connected to the network that is not

equipped with automatic volt/var control and where the total

continuous steady state AC rating exceeds the 3.68kW (16 Amps) on

any phase, the customer shall request prior confirmation, in the

established manner, from the distribution system operator that such

capacity may be connected to the network

Provided that no prior confirmation from the distribution

system operator shall be required where the RES or CHP generator is

equipped with automatic volt-var control and the total continuous

steady state AC rating does not exceed 4.6kW (20 Amps) on any

phase

Provided further that the distribution system operator may

carry out a network connection study and depending on the findings of

such study, may reject or accept the request

Provided further that in the case of a rejection, the

distribution system operator shall provide the applicant with a written

justification for such rejection.

(b) Where a network connection study is required to be carried

out in accordance with paragraph (a), the applicable fee specified in

item 8 of the Sixth Schedule shall be due by the customer.

(c) Once the request for connection is approved by the

distribution system operator, the customer shall submit an application

for the required connection to the network;

(d) Where the network connection study in paragraph (b)

results in a new connection or an upgrade of an existing connection

being required to connect the generation capacity, regulations 8, 10

and 12 shall apply for the upgrade or for the new connection.

(e) The distribution system operator shall publish the

procedure, including the relative timeframes, for the connection of

RES generators, CHP and energy storage facilities to the network.

(4) An increase in capacity of an existing RES or CHP or

energy storage facility shall be deemed to be a new application for the

purposes of these regulations and such application shall be subject to

the fees stipulated in item 2 of the Sixth Schedule.

(1) Unless the distribution system operator determines

otherwise, having regard to the particular circumstances of a case, and

in accordance with objective criteria which are published in advance, a

new substation shall be required in any one (1) of the following

circumstances

(a) within any new development with multiple customers

where the number of connection units is more than eighteen (18),

none of which requires a bulk network connection, when any one

(1) or more of the five (5) criteria set out in regulation 9(4) are

not satisfied;

(b) for a network connection exceeding 60 Amps on any

phase when any one (1) or more of the criteria set out in

regulation 10(1) are not satisfied; or

(c) with respect to a single building unit, when there is no

suitable low voltage connection point and no suitable substation

in the vicinity from which it is technically possible to extend a

network connection to the relevant single building unit.

(2) An applicant and, or developer, as applicable, shall be

bound to provide a suitable substation room within a development

where this is required in terms of this regulation.

(3)

Substations shall be financed as follows

(a) in the case of a development with multiple customers

which development requires a substation in accordance with

regulation 9(6), the distribution system operator shall

(i) finance all costs relating to the civil works and,

or any structural alterations; and

(ii) compensate the owner of the substation land for

providing the substation land, where this is granted to the

distribution system operator in full ownership

Provided that customers within the development with

multiple customers that do not require a network connection exceeding

60 Amps on any phase shall pay the applicable fees for the connection

of each building unit to the network stipulated in the Sixth Schedule

Provided further that bulk network connections within the

multiple customers development shall be treated in accordance with

regulation 9(8)

Provided further that the distribution system operator shall

however retain the right to extend network connections from the said

substation to applicants outside the development wherein the

substation is situated, without making any additional payment or

compensation to the applicant;

(b)

in the case of bulk network connections

(i)

by the applicant or developer, as applicable; or

(ii) by the applicant or developer, as applicable and

the distribution system operator on a cost-sharing basis

where, at the time the substation is commissioned, the

distribution system operator requires the utilisation of the

substation to provide connections to third parties. In such a

case the distribution system operator shall retain the right to

extend network connections from the said substation to

applicants inside or outside the development wherein the

substation is situated, without making any additional

payment or compensation to the applicant;

(c) in the case of a network connection for a single

building unit requiring a new substation, the substation shall be

financed entirely by the applicant and, or the developer, as

applicable.

(4) The distribution system operator shall obtain title over the

substation land in accordance with the criteria set out in regulation 13.

(5) Notwithstanding the title held by the distribution system

operator over a substation and, or the substation land

(a) the ownership of all the equipment and apparatus

contained therein shall be and remain of the distribution system

operator; and

(b) access to the substation shall be given at all times to

personnel, officers and contractors of the distribution system

operator.

(6) Where the distribution system operator and the applicant

and, or the developer, as applicable, share the substation costs, the cost

sharing shall be applied on a pro rata basis on the proportion of the

kVA load used by each of the distribution system operator on the one

hand, and the applicant and, or the developer, as applicable, on the

other.

(7) Where the applicant and, or the developer, as applicable,

provides the substation land and, or civil works and, or any structural

alterations to the substation land, the applicant and, or the developer, as

applicable, shall be compensated in accordance with regulation 14.

(8) The amount of compensation to be paid by the distribution

system operator for the relevant substation land shall be determined as

follows

(a) any compensation paid by the distribution system

operator shall be added to the cost to connect and equip the

relevant substation for the purpose of cost sharing under

regulation 12(6), as the case may be;

(b) when the relevant substation has been totally financed

by the applicant and, or the developer, as applicable, the

applicant and, or the developer, shall be entitled to compensation

at the rate specified in item 11 of the Sixth Schedule;

(c) when the relevant substation has been totally financed

by the applicant and, or the developer, as applicable, additional

compensation as stipulated in item 10 of the Sixth Schedule shall

also be due to the applicant and, or the developer, as applicable

where the distribution system operator decides to extend low

voltage connections to third parties from the relevant substation.

The refund in accordance with this paragraph shall continue to

apply only for up to ten (10) years from the commissioning date

of the relative substation; or

(d) when the substation has been financed on a cost-

sharing basis by the distribution system operator on the one

hand, and the applicant and, or the developer, as applicable, on

the other hand, the latter shall not be entitled to any of the

compensation referred to in paragraphs (b) and (c).

(9) Civil works maintenance within the substation land and the

substation itself shall be carried out by the applicant and, or the

developer, as applicable or distribution system operator depending on

the title held by the distribution system operator over a substation at

any point in time

(a) where the distribution system operator holds the

substation in full ownership it shall be responsible for civil

works maintenance; or

(b) where the distribution system operator holds the

substation by title of lease or commodatum, the owner of the

substation land, the applicant and, or the developer, as applicable

shall be responsible for civil works maintenance.

(10) As long as the substation is used exclusively for the

applicant and, or the developer, as applicable, the energy consumption

shall be measured as follows

(a)

from the high voltage side of the transformer;

(b) from both the high voltage side and low voltage side

of the transformer where this is required and the difference

between HV/MV meter reading and the sum of the individual low

voltage meters readings, shall be paid by the applicant and, or the

developer, as applicable; and

(c) from the low voltage side of the transformer and the

connection losses shall be calculated as set out in item 20 of the

Sixth Schedule

Provided that the distribution system operator may

require customers to enter into a loss-sharing agreement to

regulate such matters.

(11) Extensions for network connections at 11kV or above shall

be charged at cost in addition to a high voltage contribution for

existing infrastructure use.

(1) The distribution system operator shall acquire the

substation land on which a substation has been or is to be developed, in

full ownership, under title of lease, or on commodatum, at its

discretion, except where a specific title is required in accordance with

these regulations.

(2) Where the substation is to be used to extend one (1) or

more connections to a person other than the owner of the substation

land, the distribution system operator shall acquire the substation land

by title of full ownership. Irrespective of the title which the

distribution system operator originally acquires over a substation,

where a substation is subsequently required or used to extend one (1)

or more connections to a person other than the owner of the substation

land, the distribution system operator shall, on demand made to the

owner of the substation land, acquire the substation land by title of full

ownership.

(3) Any substation land over which the distribution system

operator does not hold any title, as at the date of the coming into force

of these regulations, shall be transferred to the distribution system

operator either by absolute ownership, lease or commodatum in

accordance with the requirements of this regulation, upon demand

made by the distribution system operator to the owner of the substation

land. In such cases, the value of the land shall be valued in accordance

with regulation 14.

(4) The substation land acquired under title of lease or

commodatum, in accordance with these regulations shall, where such

substation land is no longer required by the distribution system

operator, be transferred back to the owner subject to the cessation of

the annual payment of rent or other recognised payment, as the case

may be, and subject to the repossession of the substation equipment by

the distribution system operator. No such rights shall subsist, where

the substation land was acquired by distribution system operator by

title of full ownership, in which case, the distribution system operator

shall remain the absolute owner thereof, provided that the distribution

system operator may elect to transfer ownership of the substation and

the substation land exclusive of any substation equipment in exchange

for fair compensation being paid to the distribution system operator.

(1) In those circumstances where the distribution system Valuation of

operator is required to compensate the owner for the transfer of such substation land.

substation land in full ownership, the value of the relevant substation

land shall be determined following a valuation made by a perit in

accordance with this regulation. If the valuation does not satisfy the

requirements referred to in this regulation, the valuation shall be

deemed invalid and shall be carried out again

Provided that the valuation shall be carried out by an

independent perit appointed as agreed upon by the distribution system

operator and the owner of the substation land.

(2) Every valuation report prepared by a perit appointed by the

distribution system operator shall include the methodology used to

estimate the value. During the preparation of the valuation report, the

perit may seek the aid of other experts in different areas, which aid

shall then be indicated in the valuation report.

(3) The valuation report made by the perit shall include the

following information

(a)

the date of the valuation;

(b)

the state of the property on the date of valuation;

(c)

the method used to make such valuations; and

(d) the declaration of the perit and also other experts

involved in the valuation, stating that they do not have any

conflict of interest as of the date of the valuation.

(4) The fees of the perit appointed externally by the

distribution system operator shall be calculated in accordance with

Tariff K of the Code of Organization and Civil Procedure

Provided that the individual fees for each valuation shall

not exceed the amount of two thousand and five hundred euro (€2,500)

for each report.

(5) The fees of the perit shall be divided and borne equally

between the distribution system operator and the owner of the

substation land.

(1) Electrical installations intended to be connected to Electrical

the network or any alterations, extensions or modifications on installations.

electrical installations already connected to the network shall be

carried out and certified in accordance with the Electrical Installations S.L. 545.24.

Regulations.

(2) Effective balancing on a three phase connection within a

margin of ten per cent (10%) of the connected load shall be maintained

on all electrical installations for lighting, power, heating and RES for

any new loads or RES generators connected after the coming into force

of these regulations.

(3) Any connection that is found to be unsafe shall be

suspended by the distribution system operator and shall only be

reconnected to the network upon certification by an authorised

provider that the electrical installation has been rendered safe. A

reconnection fee as stipulated in item 15 of the Sixth Schedule shall

apply.

(4) Electrical installations, or parts thereof, duly connected to

and, or forming part of the distribution system may be tested by the

distribution system operator at any time and if such electrical

installation is found to be non-conforming with any requirements of

these regulations, the Electrical Installation Regulations, the network

code or EN 50549, the connection may be suspended by the

distribution system operator until the required alterations and repairs

have been carried out at the customer’s expense and duly certified by

an authorised provider

Provided that this sub-regulation shall also apply to the

network connections referred to in regulation 21(7).

(5) Unless the non-conforming or defective electrical

installation is rendered compliant within one (1) month from the

performance of the test referred to in sub-regulation (4), the customer

shall be liable for the costs, which shall not be less than the fees

established in the Sixth schedule, incurred by the distribution system

operator in providing the connection, including any extension of its

infrastructure.

(6) In the case of an electrical installation requiring re-testing,

the customer shall be charged the costs of such tests in accordance

with item 7 of the Sixth Schedule.

(7) Loads such as electrical equipment, appliances or machines

above 1.5kW shall not be connected to the network unless the said

equipment is equipped to operate at a power factor not less than 0.9

lagging unless otherwise stipulated in the network code.

(1) A temporary installation shall have means of

disconnection and protection as stipulated in the Electrical

Installations Regulations.

(2)

Disconnection, protection and other necessary control

equipment for temporary installations shall be housed within an

insulated weatherproof enclosure (IP 54 or better) which shall also

house the electricity meter and supply fuses installed by the

distribution system operator. The applicant shall make arrangements to

have the insulated weatherproof enclosure installed close to the

distribution system operator supply point and beyond reach. The

customer and, or the applicant shall be responsible for the insulated

weatherproof enclosure, protection and control equipment together

with the wiring from the insulated weatherproof enclosure to the point

of consumption and shall ensure that the wiring does not present any

obstruction or danger to third parties.

(3) The distribution system operator shall be responsible to

connect the input cable to the source of supply and to disconnect it

again after the event for which the application was made. Incoming

and outgoing cables shall enter and leave respectively the insulated

weatherproof enclosure from below and shall be glanded.

(4) Temporary service connections to temporary installations

shall be provided for the duration and for the applicable fee as

stipulated in item 4 of the Sixth Schedule.

(1) Any electrical equipment and motors shall comply Motors.

with the Network Code.

(2) The starting and accelerating current drawn from the line

shall not exceed two-and-a-half times full-load current for motors

rated 1.5kW to 7.5kW, and twice full-load current for motors rated

7.5kW to 30kW

Provided that it shall be at the discretion of the distribution

system operator to specify the current-limiting conditions under which

a network connection shall be given for the purpose of running motors

rated 30kW or more

Provided further that where the instantaneous current

withdrawn from the distribution network including starting current and

accelerating current of motors exceeds the limits established by this

regulation, the connection of the equipment and, or motor shall be

subject to the approval of the distribution system operator.

(1) Any officer or other person authorised by the Entry and access

distribution system operator may at all reasonable times enter any to premises.

premises for the purpose of

(a)

installing new network connection;

(b)

modifying or repairing existing connection;

(c)

reading, testing, removing or replacing of meter;

(d) inspecting, testing, disconnecting or removing any

network connection or other electrical plant including main fuses

owned by the distribution system operator;

(e)

carrying out inspections;

(f) carrying out inspection of the premises for the

purpose of ascertaining the load installed in the premises;

(g) carrying out any other act as may be deemed

necessary or desirable by the distribution system operator, in the

performance of its functions

(2) The power of entry may not be exercised unless written

notice of at least four (4) working days has been given to the owner or

occupier of the premises. The said notice shall include the date,

approximate time and purpose for the visit and the contact details of

the representative of the distribution system operator.

(3) The customer may request the distribution system operator

to reschedule the visit notified in sub-regulation (2)

Provided that the said request shall be made at least two (2)

working days before the scheduled visit and failing which, the

distribution system operator may, in its sole discretion, retain the

original date and time indicated in the notice sent to the customer in

sub-regulation (2)

Provided further that the new date shall not extend beyond

seven (7) working days from the original date, unless the distribution

system operator considers appropriate to extend the date further, based

on documentation or other evidence which demonstrates that the

customer shall not be able to be present. Notwithstanding the

foregoing, in no instance may the customer request a rescheduling

beyond the period of sixty (60) working days from the date of the

original appointment.

(4) In the case of an emergency arising from faults in electrical

installations, entry may be made in accordance with sub-regulation (1)

without the notice required in sub-regulation (2) but notice shall then

be given as soon as possible after the occurrence of the emergency.

(5) Without prejudice to any other law, a person may only

exercise a power of entry conferred by these regulations on production

of a duly authenticated document showing his identity and his

authority to act on behalf of the distribution system operator. Such

person shall always carry and keep with him when visiting any

premises an identification card issued by the distribution system

operator

Provided that customers may refuse access to any person

who fails to produce such identification pass when visiting the

premises.

(6) The requirements in sub-regulations (2), (3) and (4) shall

not apply to regulation 27.

(1) The distribution system operator may require the Leased

lessor of a leased premises to be bound in solidum with the lessee for premises.

the regular payment of all amounts that may become due to the

distribution system operator.

(2) The lessor who, in accordance with sub-regulation (1) is

bound in solidum with the lessee, shall be deemed to be the customer

for the purposes of these regulations.

(3) Where a leased premises is occupied by two (2) or more

unrelated persons and is served by one (1) meter, the lessor shall be

deemed to be the customer for the purposes of these regulations.

(4) A lessor who leases any premises supplied with electricity

by the distribution system operator for a period exceeding three (3)

months to persons not permanently resident in Malta, shall give

written notice thereof to the distribution system operator. The notice

shall contain the full name of the lessee, and the agreed period of the

lease, and any other information as may reasonably be requested by

the distribution system operator

Provided that where the lessor fails to give the said notice,

or the information contained in the notice is incorrect, the lessor shall,

without prejudice to the provisions of sub-regulation (5), be liable in

solidum with the lessee for any debt incurred by the lessee in

connection with the supply of electricity to the premises.

(5) Where a premises supplied by the distribution system

operator is leased to any person, expressly or tacitly, by the week, by

the month or for less than three (3) months, or where the premises is let

for more than three (3) months but is only occupied by the tenant for a

period less than three (3) months, the lessor shall be liable in solidum

with the lessee for any debt incurred by the lessee in connection with

the supply of electricity to the premises.

(6) For the purposes of regulation 6, the lessor of the premises

shall be deemed to be the customer and the distribution system

operator may require the relevant deposit and, or security from the

lessor, unless otherwise agreed by the distribution system operator.

(1) Bills shall be issued to customers for such periods as

the distribution system operator may determine either generally or

with respect to specific customers or classes of customers.

(2) The distribution system operator may request provisional

payment on account from any customer. The said provisional

payments shall be calculated on the basis of

(a) the estimated average daily consumption of the

customer; or

(b) the estimated average daily consumption of customer

of a similar class as that of the customer

Provided that the interval between such requests for

provisional payment may not be less than one (1) month and the

distribution system operator, on a request made by a customer, may

modify such requests for provisional payment in the light of the

circumstances of the particular case.

(3) For the purposes of calculating any bill to be issued to

request payments from a customer, fractions of less than one cent in

the total amount due by the customer shall not be considered.

(4) Interest at the rate of zero point seven five per cent (0.75%)

per month, calculated daily, shall be charged to customers on all

amounts due irrespective of the period to which the invoice refers if

the amount indicated in such invoice is not settled within forty-five

(45) days of the date specified therein

Provided that for all amounts still due at the expiry of the

aforementioned forty-five (45) days interest shall only be charged after

the fifteenth day, for the final thirty (30) days of the said forty-five

(45) day period, and thereafter, for each additional thirty (30) days or

part thereof.

(1) Where a customer has not, within the requisite period,

paid all charges due by him to the distribution system operator in

respect of the supply of electricity to any premises or temporary

installation or the provision of an electricity meter, the distribution

system operator may suspend the supply

Provided that where the distribution system operator

exercises its discretion to suspend supply to and, or disconnect a

customer, such discretion shall be exercised in accordance with the

procedure published by the distribution system operator for such

purpose, to complement the provisions of this regulation

Provided further that the distribution system operator shall

not suspend supply of electricity to, nor disconnect, vulnerable

customers where this is prohibited in terms of the Electricity S.L. 545.34.

Regulations.

(2) Where payment of the charges referred to in sub-regulation

(1) are delayed for a period of more than three (3) months, the

distribution system operator may disconnect the network connection

and remove the meter.

(3) Where the connection to a premises or temporary

installation is suspended pursuant to sub-regulation (1), the customer

shall be required to pay a reconnection fee in accordance with item 15

of the Sixth Schedule in order for the connection to be reinstated. The

distribution system operator shall reconnect the premises or temporary

installation within twenty-four (24) hours from when payment is

effected by the customer, except where this is not practical due to

reasons outside the distribution system operator’s control, such as

inclement weather conditions.

(4) Where the distribution system operator is authorised by

sub-regulation (2) to disconnect any premises or temporary installation

or remove a meter, any officer or other person authorised by the

distribution system operator may at all reasonable times enter the

premises or other location where the temporary installation is situated

for the purposes of disconnecting the premises or temporary

installation or removing the meter

Provided that the said power of entry may only be

exercised if at least two (2) working days’ notice has been given to the

owner or occupier of the premises or other location.

(5) Whenever access to the premises or other location, for

purposes of disconnection and removal of the meter in accordance

with sub-regulations (2) and (4) is not possible either because of

opposition offered from the customer, or due to the building or

temporary installation unit being found inaccessible on more than one

occasion, the distribution system operator shall be entitled to suspend

the connection without any previous notice by disconnecting the

electrical installation at the main source, whether this is located above

or below ground and the distribution system operator may recover any

expenses incurred in doing so from the customer.

(6)

The powers of the distribution system operator under sub-

regulations (1) and (2) may not be exercised with respect to any

amount which is disputed by the customer in good faith, and unless

written notice of not less than seven (7) days has been given to the

owner or occupier of the premises or temporary installation of the

distribution system operator’s intention to exercise the said powers.

(7) Without prejudice to the other provisions of these

regulations, where the network connection of any customer and, or the

use thereof, is deemed to be detrimental to the services rendered by the

distribution system operator to other customers, including without

limitation in case of fluctuations of voltage and generation of

harmonics, such customer shall be required to install at its expense, the

necessary corrective and, or protective equipment within the relevant

premises or temporary installation and shall produce a test certificate

as may be required by the distribution system operator

Provided that this sub-regulation shall also apply to the

network connections to which the electrical installations referred to in

regulation 15(4) are connected.

(1) The generation, electricity import from and, or export

to the distribution network for billing purposes shall be measured by a

meter, or metering equipment, provided and maintained in proper

working order by the distribution system operator

Provided that the distribution system operator shall approve

the installation of meters by an agent acting on its behalf while

retaining the right to test or request any test to ensure the proper

functioning of the said meters.

(2) The meters shall at all times remain the property of the

distribution system operator.

(3) The meter shall be installed in the premises or temporary

installation by the distribution system operator and shall be fixed in a

location which is convenient and easy to access, and as close as

reasonably practicable to the main entrance of the premises or

development as may be determined by the distribution system

operator.

(4) If the distribution system operator considers it necessary,

safety measures shall be taken for the protection of the meter, which

measures shall be at the customer’s expense. The meters shall be

enclosed in a wooden or non-metal enclosure if placed indoors, or a

suitable insulated weatherproof enclosure if placed outdoors. Metal

parts that may form part of the enclosure shall be earthed to the

building earthing system. The meter installation height and space

requirements shall not be less than one metre (1m) and not more than

one point eight, five metres (1.85m) from the finished floor level. The

width requirements for every meter rated sixty Amps (60A) or less

shall be at least thirty centimetres (30cm). In case of bulk network

connections, a space of at least one (1) meter width and one point

eight-five meter (1.85m) length shall be provided for each service-

meter. The meters shall be segregated by use of separate enclosures

from any water meters

Provided that the requirement for electricity meters to be

segregated from any water meters shall, with respect to electricity

meters installed before the date of coming into force of these

regulations, be effective and enforceable twelve (12) months as from

the date of coming into force of these regulations.

(5) Pre-payment meters shall be installed at the discretion of

the distribution system operator instead of the ordinary meters.

(6) Where a customer supplies, or allows the supply of,

electricity passing through such customer’s meter to another building

unit and, or premises and, or location and, or in any other manner or

for any other purpose outside the said customer’s building unit,

premises or location where the temporary installation or meter is

located and intended for, or an area already supplied with electricity

from another connection point or has physical access or intended to be

used from a premises supplied with electricity from another

connection point, the distribution system operator may disconnect the

network connection of the customer for such period as the distribution

system operator may determine or until such situation is rectified

Provided that this regulation shall not apply when such

electricity supply is to and, or from

(a) a private garage which is adjacent to, or within the

precints of the residential premises occupied by the said

customer, whether or not it has direct access to and from such

residential premises, and is used solely by the said customer, or

persons residing in the residential premises, but no other person

has a right, on payment, to make use of the same garage;

(b) outside areas authorised by the relevant competent

authorities to be used for commercial purposes, and which are

adjacent to the customer’s premises, such as, but not limited to,

outdoor seating areas forming part of a catering establishment,

provided that extensions of supply from a premises to an area

separated from that premises by a public road or third party

private property shall not be allowed;

(c) an electricity supply extended from a building unit

hosting a ministry or government department to EV charging

points, authorised by the relevant competent authorities, located

on public pavements;

(d) photovoltaic systems connected to meters in a

building unit which is not internally physically connected to the

roof hosting the photovoltaic system within the same building

block;

(e) airconditioning outdoor units, water pressure pumps

and other electrical equipment located on the roof area connected

to meters in a building unit which is not internally physically

connected to the roof hosting the equipment within the same

building block

Provided further that in all the cases provided for in

paragraphs (a), (b), (c), (d) and (e) the electrical installation shall be

compliant with the Electrical Installations Regulations.

(7) The distribution system operator may, in certain

circumstances and for a specified period, upon the request of a

customer, allow the supply of electricity through the customer’s meter

to one (1) or more premises and, or areas other than the customer’s

premises or temporary installation.

(8) The distribution system operator may, upon the request of a

customer, provide supply other than through a meter in such

circumstances as may be prescribed. The said arrangement shall be

regulated by agreement between the customer and distribution system

operator, in accordance with terms agreed by both parties.

(9) The distribution system operator may, at its discretion, give

an unmetered supply to a customer pursuant to sub-regulation (8),

subject to the following conditions

(a) the design load on each connection is at all times a

constant load;

(b)

the cyclic loading and the fast fluctuating loads for

each connection is in accordance with the network code or other

standards established by the distribution system operator;

(c) the distribution system operator may, from time to

time, measure consumption to benchmark the system as a whole,

and to test the accuracy of calculations for billing purposes; and

(d)

the customer pays the distribution system operator, on

a quarterly basis, an amount based on the calculated

consumption

Provided that the distribution system operator shall have

the right at the end of each calendar year to adjust any calculation for

that past calendar year made as provided for in paragraphs (a), (b), (c)

and (d) on the basis of any test carried out under paragraph (c) and to

charge the customer accordingly.

(10) A fee as stipulated in item 3 of the Sixth Schedule shall be Removal and

charged by the distribution system operator for the replacement or tampering

meters.

removal of a meter, when such meter shall have been removed or

replaced at the request of the customer applying for its removal or

replacement.

(11) A customer may, at any time, by submitting the appropriate

application to the distribution system operator, request to have the

connection to its premises or temporary installation disconnected and

the meter registered on the customer’s name removed

Provided that the customers shall remain responsible for

the payment of the meter charge and any amount due with respect to

consumption of electricity registered by the meter until such time as

either the meter is removed from the premises or temporary

installation by the distribution system operator or a declaration is made

by the registered customer that the connection is not in use from such a

date as shall be stated by the customer in the relevant application, and

after the customer has paid any amount that may be due under these

regulations with respect to that connection.

(12) A customer at whose request a connection has been

provided by the distribution system operator pursuant to these

regulations shall, without prejudice to the payment of applicable fees

in the Sixth Schedule, be required to pay to the distribution system

operator the expenses reasonably incurred in providing the connection

or undertaking the works required to provide the connection, where the

customer either fails to accept the installation of the meter within a

period of one (1) week after written notification to the customer of the

intention of the distribution system operator to install such meter, or

requires disconnection of the installation and removal of the meter

within a period of one (1) year from the date of connection.

(13) If a customer fails to give access to, or otherwise prevents,

the distribution system operator from removing the meter, whether the

meter is removed at the request of a customer or at the discretion of the

distribution system operator, the said customer shall be liable for

payment of a meter charge until the date of its removal.

(14) The meters shall be sealed by the distribution system

operator and such seals shall not be broken, damaged or tampered with

in any way by the customer. The distribution system operator shall be

entitled to charge a fee as stipulated in the Sixth Schedule if any meter

or seal is found upon inspection, to be damaged, tampered with or

missing. Furthermore, the customer shall be required to pay supply

charges based on an estimate of the previous consumption period.

(15) The meters shall be read periodically by the distribution

system operator in accordance with the Electricity Regulations.

(16) When a customer, after being given reasonable notice, fails

to provide access to a person authorised by the distribution system

operator for purposes of reading of the meter, the distribution system

operator, saving the provisions of regulations 18 and 21, shall continue

to charge the customer the meter charge as applicable but shall not, in

the absence of a reasonable explanation for such failure, credit the

customer with any free consumption for periods during which the

premises was not open for the taking of meter readings

Provided that the customer may provide the readings to the

distribution system operator for billing purposes, subject to the

distribution system operator being granted access to the metering

equipment to verify, and if required adjust, the readings provided by

the customer.

(17) If the customer fails or refuses to provide access to his

premises for purposes of reading the meter or to verify readings

provided by him, or if access for the same purpose is rendered difficult

or impossible by the customer, for a period exceeding two (2) months

from the notice provided for in sub-regulation (16), the distribution

system operator may suspend the relevant customer’s connection.

(18) Special readings of meters may be taken on working days

and non-working days at any time as the customer may require, and

the fees applicable in item 14 of the Sixth Schedule shall be charged.

(19) The distribution system operator shall test the meter upon

request by the customer, who may be present for such test. The

distribution system operator shall give the customer a written notice of

not less than two (2) working days by printed or electronic means of

the date and approximate time of the test. The notice shall also contain

the contact details of the representative of the distribution system

operator. If the test is to be carried out in a location other than the

customer’s premises, the test location shall also be indicated in the

notice.

(20) Save for manifest errors, the customer shall accept the

result of the test as final and the consumption of electricity from the

date of the request by the customer for the meter reading up to the date

on which the test is carried out, or the date of removal of the meter for

purpose of testing, shall be calculated in accordance with the results of

the test, and charged accordingly.

(21) When the meter which is tested at the request of a customer

is found to be working correctly, that is, within a limit of over or under

two point five percent (2.5%), the customer shall be liable to payment

of the relevant fee as provided for in item 13 of the Sixth Schedule.

(22) A customer shall notify in writing the distribution system

operator immediately upon becoming aware that a meter is not

working correctly. The distribution system operator shall, as soon as

practicable repair or replace the meter, and a record of the reading of

the new meter at the time of its installation shall be given to the

customer.

(23) The consumption of electricity in respect of the period

between the reading immediately preceding the reading in relation to

which the meter is found to be defective and the installation of a new

meter or repair of the meter, as the case may be, shall be reckoned, in

accordance with sub-regulations (24) or (25), as directed by the

distribution system operator.

(24) Where the distribution system operator directs that the

consumption provided for in sub-regulation (23) is to be reckoned in

accordance with this sub-regulation, the said consumption shall be

reckoned on the basis of the average daily rate of consumption

(a)

during the corresponding period of the last preceding

year;

(b) during the period between the two (2) readings

immediately preceding the reading in relation to which the meter

was found to be working incorrectly; or

(c) during the period between the date of the installation

of the new meter or the repair of the meter, as the case may be,

and a subsequent date which shall be determined by the

distribution system operator.

(25) Where the distribution system operator directs that the

consumption provided for in sub-regulation (23) shall be reckoned in

accordance with this sub-regulation, the said consumption shall be

reckoned on the basis of the average daily rate of consumption during

the period between the date of installation of the meter which was

found to be working incorrectly, or the date on which the customer

became accountable with respect to the premises or temporary

installation, whichever is the later, and the last day on which the meter

was working correctly, as may be determined by the distribution

system operator

Provided that in the case of a customer who has changed

residence, where the distribution system operator directs that the

consumption shall be reckoned in accordance with this sub-regulation,

the average daily rate of consumption in respect of the corresponding

period of the last preceding year at the place in respect of which such

customer was last accountable prior to the change of residence, shall

be the basis on which consumption shall be reckoned.

(1) The main fuse shall be supplied and shall be placed in

such position and location as may be determined by the distribution

system operator.

(2) The main fuse box or busbar chamber shall be sealed by the

distribution system operator. The distribution system operator shall be

entitled to charge a fee as stipulated in Sixth Schedule if any fuse box

is found upon inspection, to be damaged, tampered with or missing.

(3) The main fuse box or busbar chamber shall at all times

remain the property of the distribution system operator.

(4) Where the customer requires the distribution system

operator to effect repairs consisting only in the replacement of one (1)

or more fuses, or where the fault is due to the customer’s internal

electrical installation, a fee shall be charged in accordance with item

17 of the Sixth Schedule.

(5) Whenever access to the premises, for the removal of a main

fuse is not possible either on account of the opposition of the customer,

or on account of the premises being found closed on more than one (1)

occasion, the distribution system operator may, after giving prior

written notice by printed or electronic means to the customer, suspend

the network connection by disconnecting the installation at the mains,

whether overhead or underground. The distribution system operator

shall be entitled to charge the customer for the costs of any work,

including excavation works, carried out to enable the disconnection

and removal of the main fuse.

(1) The distribution system operator shall submit, for the

approval of the Regulator, a set of tariffs for the connection to the

distribution system, and distribution and supply of electricity in

relation to any calendar year. The tariffs shall be such that they provide

sufficient revenue to the distribution system operator and shall in

particular

(a) cover the costs of the distribution system operator,

including operational, administrative and financial costs,

incurred in connection with the generation, distribution and

supply of electricity, and may include but not be limited to costs

relating to operational asset impairment, non-recoverable tax and

duties, excluding corporate tax on profits, and accumulated

losses;

(b) be such as to allow the distribution system operator to

meet periodic repayments on long-term indebtedness to the

extent that any such repayment exceeds the provisions for

depreciation;

(c)

provide a reasonable return on equity; and

(d) be designed to promote end-use energy efficiency in

the domestic and residential sector, as appropriate.

(2) Tariffs shall be applied to all customers on a non-

discriminatory basis and the distribution system operator shall not

exercise undue preference, or undue discrimination towards any

person or class of persons similarly situated unless the distribution

system operator, having regard to the place and time of connection, the

quantity of energy supplied, the required load and power factor, the

purpose for which the connection is intended and, or utilised, and any

other relevant circumstance, deems it necessary to exercise

preferential or discriminatory treatment.

(3) The distribution system operator shall, together with the

proposed tariffs, submit to the Regulator all necessary documentation

in support of its proposals, including the methodologies underlying the

calculation of the tariffs and any other information as the Regulator

may request. Any request from the Regulator for the submission of

additional information shall be made within three (3) months from

submission of the proposal by the distribution system operator.

(4) Any information submitted to the Regulator by the

distribution system operator in accordance with this regulation shall be

considered as confidential and economically sensitive and shall be

handled accordingly.

(5) The Regulator shall either approve or reject the proposed

tariffs and shall notify its decision to the distribution system operator

within six (6) months from the date of submission of the proposal.

(6) Without prejudice to sub-regulation (7), where the

Regulator intends to reject the proposed tariffs, it shall notify the

distribution system operator to this effect and shall give the

distribution system operator the opportunity to make representations to

the Regulator prior to making its decision.

(7) The Regulator may only reject the proposed tariffs when

such tariffs fail to comply with the criteria provided for in sub-

regulation (1). Any decision to reject shall clearly state the reasons for

the rejection.

(8) Without prejudice to sub-regulation (9), when the proposed

tariffs are rejected by the Regulator pursuant to sub-regulation (7), the

distribution system operator shall take account of the reasons for

rejection set out in the decision and re-submit the tariffs to the

Regulator for approval.

(9) The Administrative Review Tribunal shall have jurisdiction

to hear and determine appeals from decisions of the Authority made

under these regulations in terms of the Administrative Justice Act, which

appeal shall be filed by not later than twenty (20) days from the service

of the said Authority’s decision, wherein the aggrieved party shall

specify the reasons on the basis of which the said decision of the

Authority should be cancelled or modified.

(10) In determining an appeal, the Administrative Review

Tribunal shall, inter alia, take into account

(a)

the principles established in this regulation;

(b) the tariff structure proposed by the distribution

system operator and any and all information provided to the

Regulator in connection with such tariffs; and

(c) any relevant correspondence between the Regulator

and the distribution system operator, and any legitimate

expectation created by law, regulation, or by the Regulator in

favour of the distribution system operator

Provided that any party to the proceedings before the

Administrative Review Tribunal who feels aggrieved by a decision of

the said Tribunal, may appeal to the Court of Appeal on a point of law in

accordance with the Code of Organization and Civil Procedure.

(11) The distribution system operator may submit, for the

approval of the Regulator, a methodology which shall be used for the

calculation of tariffs other than those established by these regulations.

Together with the proposal, the distribution system operator shall

provide all relevant information in relation to the proposed

methodology, including the intended uses of the tariff. Where the

Regulator requires additional information from the distribution system

operator, it shall make the request for such information within three (3)

months from the submission of the proposal.

(12) Where the distribution system operator submits a proposal

in accordance with sub-regulation (11), the provisions of sub-

regulations (4) to (10) shall apply.

(13) The distribution system operator may enter into special Special

agreements with one (1) or more customers for the charging of rates agreements.

and tariffs other than those established by these regulations.

(14) Where, in any special agreement, the rate or tariff to be

charged is different from the tariffs established by these regulations or

is not a variable rate or tariff calculated in accordance with a

methodology approved by the Regulator in accordance with sub-

regulations (11) and (12), the distribution system operator shall obtain

prior approval of the methodology by the Regulator before entering

into the special agreement.

(15) The supply of electricity to a residential, non-residential, Tariff

and domestic premises shall be charged in accordance with the First categories.

Schedule, Second Schedule and Third Schedule, respectively.

(16) Notwithstanding the provisions of any other law, the

distribution system operator shall, at any time and in its absolute

discretion, while having regard to the provisions of these regulations,

determine whether a premises is to be deemed a residential premises, a

non-residential premises or a domestic premises for the purposes of

these regulations.

(17) A customer may submit an application to connect one (1)

or more premises to be used solely and regularly as private dwellings,

as may be confirmed by documentary proof, and register such units of

residence as a domestic premises

Provided that supply to the common parts of a development

consisting entirely of building units used exclusively for residential

purposes may also be submitted for registration as domestic premises

Provided further that, unless otherwise authorised by the

distribution system operator, a customer shall only be entitled to

register as a domestic premises one (1) primary residence, one (1)

secondary residence and one (1) garage which does not exceed fifty

(50) square metres in area and is used exclusively for private and non-

commercial purposes.

(18) The customers may apply to the distribution system

operator to register individuals having their primary residence in Malta

on a residential premises service in relation to the said primary

residence

Provided that no individual shall be registered on more than

one (1) residential premises service at the same time, and that no

individual shall be registered on a garage or on the common parts of a

development as a residential premises service.

(19) A premises which is not registered as a domestic premises

or as a residential premises in accordance with this regulation, or in

relation to which there is no application for registration as a domestic

premises or a residential premises in accordance with this regulation,

shall be considered as a non-residential premises, unless determined

otherwise by the distribution system operator.

(20) The following provisions shall apply with respect to the

registration of persons on a premises classified as domestic premises

or residential premises

(a) the customers shall furnish in writing to the

distribution system operator, within such time as may be

stipulated by the distribution system operator, any information

together with any supporting document which may be required

for the purpose of such registration;

(b) the customers shall notify the distribution system

operator in writing of any change in the circumstances forming

the basis on which the registration is made, and such notification

shall be made by not later than one (1) month from the

occurrence of such change in circumstances;

(c) any change in the number of persons registered on a

domestic premises or on a residential premises shall be taken

into account, for the purpose of such registration, from the date

of the first periodic meter reading after the change in number of

persons occurs or the date on which the distribution system

operator is notified in writing of such change, at the discretion of

the distribution system operator;

(d) a person residing in a premises may apply to the

distribution system operator for a premises, other than that in

which such person resides, to be registered as a domestic

premises;

(e)

an application shall be made in such form or

procedure as may be prescribed by the distribution system

operator from time to time, and which shall be completed in full

and submitted to the distribution system operator in the manner

so prescribed; and

(f) every arrangement made in accordance with this sub-

regulation shall be valid until the 31st December of the year in

which it was made or for which it was renewed, and it shall be

deemed to have been renewed for the next following year, unless

the customer, not later than the last day of November of the year

in which the arrangement is in force, gives notice in writing to

the distribution system operator that the customer does not want

the said arrangement to be renewed.

(21) For the purposes of these regulations, the charging of

electric vehicles for non-residential premises, metered separately, shall

be billed in accordance with the Fourth Schedule.

(22) For the purposes of these regulations, the charging of

electric vehicles in residential premises and domestic premises,

metered separately, shall be billed in accordance with the Fifth

Schedule.

The distribution system operator may enter into an agency Agency

agreement with any person so that the said person would be appointed agreement.

as agent of the distribution system operator for purposes of carrying

out, on behalf of the distribution system operator, the tasks prescribed

in the agency agreement. The said tasks may include but shall not

necessarily be limited to the installation and maintenance of cables and

or meters, meter testing, fault repairs, regular meter readings,

collection of dues and transfer of dues to the distribution system

operator.

The officers and employees of the distribution system Exemption from

operator in the performance of their functions in accordance with the liability.

Act, these regulations or any other law, shall not be liable for any loss

or damage suffered by any person by reason of anything done or

omitted to be done in good faith in the course of the performance of

their functions under these regulations.

(1) Where duly authorised representatives of the Penalties and

distribution system operator are reasonably satisfied that an electricity offences.

meter and, or any apparatus which is part of the electrical installation

or connection, has been tampered with, or that a customer or a person

has obtained an unlawful connection, or that a customer or a person is

responsible for the theft of electricity, the distribution system operator

shall have the right to immediately access the meter and parts of the

electrical installation or connection and

(a) immediately suspend the connection to the meter,

electrical installation or connection that was tampered with, or to

the customer or person it determines has obtained the unlawful

network connection or for the theft, until such time as the

customer or person concerned settles all dues to the distribution

system operator or, if such person disputes the allegation and, or

the amount due as determined by the distribution system

operator, until such time as the dispute is settled;

(b) require in writing from the customer or persons

concerned payment of the amount which is calculated by the

distribution system operator to be due to it for the supply of

electricity obtained in the unlawful manner provided for in this

regulation, which amount shall be based on a maximum period

of five (5) years, with interests calculated on the basis of the rate

established in regulation 20(4), and interest shall continue to

accrue until all amounts due are settled;

(c) require in writing from the customer or persons

concerned the additional payment of a settlement charge for

potential damages suffered by the distribution system operator

equivalent to two hundred percent (200%) of the amount due for

the supply of electricity obtained in an unlawful manner;

(d) require in writing from the customer or persons

concerned the charge due to the distribution system operator for

the removal of the meter which has been tampered with and,

where applicable, the re-installation of the meter; and

(e) where duly authorised representatives of the

distribution system operator are reasonably satisfied that an

electricity meter has been tampered with through the indication

stickers or the security alarm, an administration fee as

established in item 18 of the Sixth Schedule shall be due by the

customer.

(2) The distribution system operator shall not be obliged to

restore the connection until such time as all amounts payable are

settled by the customer or persons concerned or until a written

agreement acknowledging the amounts due to the distribution system

operator and setting out a schedule for payment of such amounts, has

been made with the distribution system operator. Where the amounts

due to the distribution system operator are equal to, or in excess of five

thousand euro (€5,000), the written agreement shall be in the form of a

constitution of debt received before a notary public in Malta.

(3)

The distribution system operator shall not be liable for any

damages which may be incurred by the customer or persons concerned

whilst undertaking any action required for removing the meter or other

parts of the electrical installation, or any other action which is

ancillary thereto.

(4) The findings in accordance with sub-regulation (1)(a) and

the sums due to the distribution system operator in accordance with

sub-regulation (1)(b), (c) and (d) shall be served in writing to the

customer or to the person concerned either by registered mail or by

judicial letter, and any customer or person wishing to contest the

findings or any amount due may file a claim in accordance with the

Fourth Schedule to the Arbitration Act

Provided that any criminal proceedings that may be

instituted against the customer or person concerned shall be

independent of the procedures instituted under this regulation.

(5) In case of a repeat offender in that the said person had been

found by the distribution system operator on one (1) previous occasion

to be responsible for theft of electricity or of having obtained an

unlawful supply of electricity in accordance with this regulation, the

settlement charge to make good for any potential damages suffered by

the distribution system operator shall amount to twice the charge

which would have been due had the said offence been the first offence

of such person.

(6) In the event that an offender is a repeat offender in that the

said person had been found by the distribution system operator on at

least two (2) previous occasions to be responsible for theft of

electricity or of having obtained an unlawful supply of electricity in

accordance with this regulation, the settlement charge to make good

for any potential damages suffered by the distribution system operator

shall amount to the charge which would have been due had the said

offence been the first offence multiplied by the number of times that

the offender was found responsible for theft of electricity or of having

obtained an unlawful supply of electricity.

(7) Without prejudice to regulation 27(1), in the event that a

meter is found broken, the replacement cost provided for in item 19 of

the Sixth Schedule shall be due by the customer.

(8) Any person who, without reasonable excuse refuses to

allow access to any premises occupied by such person to an officer or

other person authorised by the distribution system operator for any

purpose set out in regulation 18(1), or hinders or obstructs an officer or

other person so authorised in the performance of any act permitted by

regulation 18(1), shall be guilty of an offence against these regulations

and shall be liable to a fine (multa) of not less than two hundred euro

(€200) and not more than one thousand euro (€1,000) for each

occasion on which refusal of access, hindrance and, or obstruction

occurs.

The Electricity Supply Regulations are hereby repealed

without prejudice to anything done or omitted to be done thereunder.

Immediately after the last item of the Second Schedule to

the Administrative Justice Act, there shall be added the words

"Electricity Connection and Supply Regulations, S.L. 545.41,

Superior/Inferior Competence".