ELECTRICITY TRANSIT (GRID REQUIREMENTS) REGULATIONS (gridrequirements)

SUBSIDIARY LEGISLATION 545.10

ELECTRICITY TRANSIT

(GRID REQUIREMENTS) REGULATIONS

*

LEGAL NOTICE 14 of 2003, as amended by Legal Notice 426 of 2007

and Acts XXXIV of 2014 and XXV of 2015.

(1) The title of these regulations is the Electricity Transit

(Grid Requirements) Regulations.

(2)

(a) These regulations shall come into force on such date as

the Minister responsible for resources and

infrastructure may by notice in the Gazette appoint and

different dates may be so appointed for different

provisions and different purposes of these regulations.

(b) A notice under paragraph (a) may make such transitory

provisions as appear to the Minister to be necessary or

expedient in connection with the provisions thereby

brought into force.

(3) These regulations establish measures relating to the transit

of electricity between high-voltage grids.

Amended by

XXXIV. 2014.17.

List of entities and grids covered by these Regulations

Country

Entity/Grid

Belgium

CPTE - Société pour la coordination de la production

et du transport d’énergie électrique

Denmark

Eltra

Elkraft

Germany

Bayernwerk AG

Berliner Kraft- und Licht (Bewag)-AG

EnBW Transportnetze AG

Hamburgische Electricitäts-Werke AG (HEW)

PreussenElektra Aktiengesellschaft

RWE Energie AG

Vereinigte Elektrizitätswerke Westfalen AG (VEW)

VEAG Vereinigte Energiewerke AG

Greece

Public Power Corporation (PPC)

Spain

Spain Red Eléctrica de España, SA

France

Électricité de France

Ireland

Electricity Supply Board

Italy

Edison

Edison Termoelettrica Enel

Luxembourg

Cegedel

Sotel

Malta

Enemalta plc

The Netherlands

SEP

Austria

Österreichische Elektrizitätswirtschaft AG

Tiroler Wasserkraftwerke AG

Vorarlberger Kraftwerke AG

Vorarlberger Illwerke AG

ELECTRICITY TRANSIT (GRID REQUIREMENTS)

Portugal

Rede Eléctrica Nacional SA (REN)

Finland

Suomen Kantaverkko Oyj (Finnish Power Grid PLC)

Sweden

Affarsverket svenska kraftnät

United Kingdom

National Grid Company

Scottish Power

Scottish Hydro-Electric

Northern Ireland Electricity

In these regulations, unless the context otherwise requires

"the Act" means the Regulator for Energy and Water Services

Act;

"competent authority" means the Regulator for Energy and Water

Services;

"electricity transit" means the transport of electricity through

high voltage transmission grids (excluding distribution grids)

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

and across at least one frontier between these States;

"electricity transit contract" means a contract providing for

electricity transit between high voltage transmission grids;

"high voltage transmission grid", in the case of a grid situated in

Malta or a Member State of the European Union, means a grid

specified in the Schedule;

"entity" means a body responsible for the grids as specified in

the Schedule;

"grid operator" means an entity responsible for operating a high

voltage transmission grid in Malta;

"Minister" means the Minister responsible for resources.

These regulations shall apply where a request for the

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

*Not yet in force.

(1) The competent authority shall take the measures

necessary to facilitate the transit of electricity between high-

voltage grids in accordance with the conditions laid down in these

regulations.

(2) The competent authority shall take the measures necessary

to ensure that any entity under its jurisdiction referred to in the

Schedule acts without delay and fulfils its obligations under

regulation 5.

A grid operator that has received a request for the transit of

electricity shall without delay

(a) notify the competent authority, and any other person or

entity which the competent authority may nominate, of

the request;

(b) open negotiations on the conditions of the electricity

transit requested;

(c) inform the competent authority, and any other person

or authority nominated by the competent authority in

terms of paragraph (a), of the conclusion of an

electricity transit contract; and

(d) in the event that an electricity transit contract is not

concluded within twelve months of receipt of the

request for such transit, inform the competent

authority and any other person or authority nominated

by the competent authority in terms of paragraph (a),

of the reasons for the failure of the negotiations to

result in the conclusion of a electricity transit contract.

(1) Contracts involving transit of electricity between

transm ission gr ids shall be negotiated between the entities

responsible for the relative grids, and for the quality of service

provided and, where appropriate, with the entities responsible for

importing and exporting electricity.

(2)

The conditions of transit -

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

involved and shall not include unfair clauses or

unjustified restrictions; and

(b) shall not endanger security of supply or quality of

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

utilisation of reserve production and the most efficient

operation of existing systems.

The conditions to be included in an electricity transit

contract shall, at the request of either the entity seeking electricity

transit or the grid operator, be subject to conciliation by a body set

up and chaired by the competent authority for this purpose. The

competent authority shall establish the rules regulating the

procedure before such body.

(1) Where the competent authority becomes aware,

whether through carrying out an investigation or otherwise, that a

grid operator has failed to comply with any of the obligations set in

regulations 5 and 6, it shall issue a compliance order to the grid

operator involved ordering him to immediately comply with the

provisions of the said regulation. Should the grid operator disobey

such a compliance order, he shall, without prejudice to any other

liability under these regulations, the Act or any other law, be guilty

of an offence and be liable, on conviction, to a fine (multa) of not

less than two hundred and thirty-two euro and ninety-four cents

(€232.94) and not more than two thousand and three hundred and

twenty-nine euro and thirty-seven cents (€2,329.37) for each day

during which the offence subsists

Provided that the aggregate fines (multa) shall, on

conviction, not exceed the amount of twenty-three thousand and

two hundred and ninety-three euro and seventy-three cents

(€23,293.73).

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

regulations is requested by the competent authority, knowingly or

recklessly -

(a) gives any false, inaccurate or misleading information;

or

(b) supplies incomplete information; or

(c) fails, without reasonable cause to supply information

requested within the time given; or

(d) prevents or hinders any investigation; or

(e) produces or furnishes, or causes or knowingly allows

to be produced or furnished, any document or

information which he knows to be false in any material

respect,

shall be guilty of an offence and shall, on conviction, be liable to a

fine (multa) of not less than two hundred and thirty-two euro and

ninety-four cents (€232.94) and not more than two thousand and

three hu ndred an d twent y-ni ne euro and thi rty-sev en cen ts

(€2,329.37).

ELECTRICITY TRANSIT (GRID REQUIREMENTS)