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Malta Resources Authority Act, 2000 (Act No. Xxv Of 2000) Gas Transit (Grid Requirements) Regulations, 2003 (L.N. 13 Of 2003 )

MALTA RESOURCES AUTHORITY ACT, 2000 (ACT NO. XXV OF 2000)
Gas Transit (Grid Requirements) Regulations, 2003
BY virtue of the powers conferred by article 28 of the Malta Resources Authority Act, 2000, the Minister for Resources and Infrastructure, after consultation with the Malta Resources Authority, has made the following regulations>-
1. (1) The title of these regulations is the Gas Transit (Grid
Requirements) Regulations, 2003.
(2) (a) These regulations shall come into force on such date as the Minister responsible for resources and infrastructure may by notice in the Gazette appoint and different dates may be so appointed for different provisions and different purposes of these regulations.
(b) A notice under paragraph (a) of this sub-regulation may make such transitory provisions as appear to the Minister to be necessary or expedient in connection with the provisions thereby brought into force.
(3) These regulations establish measures relating to the transit of natural gas between high pressure transmission grids.
2. In these regulations, unless the context otherwise requires>- “the Act” means the Malta Resources Authority Act, 2000< “competent authority” means the Malta Resources Authority<
“entity” means a body specified in the Schedule to these regulations<
“gas transit” means the transport by a grid operator of natural gas between high pressure transmission grids, at least one of which is situated in Malta or a Member State of the European Union, and across at least one frontier between these States<

Title, commencement and scope.

Interpretation.

B 184

Application.

Duties of the competent authority.

Obligations of the grid operator.

“gas transit contract” means a contract providing for gas transit<
“high pressure transmission grid”, in the case of a grid situated in Malta or a Member State of the European Union, means a grid specified in the Schedule to these regulations<
“grid operator” means an entity who is responsible for operating a high pressure transmission grid in Malta<
“Minister” means the Minister responsible for resources.
3. These regulations apply where a request for gas transit is made to a grid operator by another entity.
4. (1) The competent authority shall take the measures necessary to facilitate transit of natural gas between high-pressure transmission grids in accordance with the conditions laid down in these regulations.
(2) The competent authority shall take the measures necessary to ensure that any entity under its jurisdiction referred to in the Schedule to these regulations acts without delay and fulfills its obligations under regulation 5 of these regulations.
5. A grid operator that has received a request for gas transit shall without delay –
(a) notify the competent authority, and any other person or entity which the competent authority may nominate, of the request<
(b) open negotiations on the conditions of the gas transit requested<
(c) inform the competent authority, and any other person or authority nominated by the competent authority in terms of paragraph (a), of the conclusion of a gas transit contract< and
(d) in the event that a gas transit contract is not concluded within twelve months of receipt of the request for gas transit, inform the competent authority and any other person or authority nominated by the competent authority in terms of paragraph (a), of the reasons for the failure of the negotiations to result in the conclusion of a gas transit contract.
6. (1) Contracts involving transit of gas between grids shall be negotiated between the entities responsible for the relative grids, and as regards the quality of service provided, and wherever appropriate, with the entities responsible for importing and exporting electricity.
(2) The conditions of a gas transit contract –
(a) shall be non-discriminatory and fair for all parties involved and shall not include unfair clauses or unjustified restrictions< and
(b) shall neither endanger the security of supply nor the quality of service, and in particular, it shall take full account of the utilization of reserve production and storage capacity and the most efficient operation of existing systems.
7. The conditions to be included in a gas transit contract shall, at the request of either the entity seeking gas transit or the grid operator, be subject to conciliation by a body set up and chaired by the competent authority for this purpose. The competent authority shall establish the rules regulating the procedure before such body.
8. (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 of these regulations, it shall issue a compliance order to the grid operator involved ordering him to immediately comply with the
provisions of the said regulation. Should the grid operator disobey such a compliance order, he shall, without prejudice to any other liability under these regulations, the Act or any other law, be guilty of an offence and be liable, on conviction, to a fine (multa) of not less than one hundred liri and not more than one thousand liri for each day during which the offence subsists>
Provided that the aggregate fines (multa) shall, on conviction, not exceed the amount of ten thousand liri.
(2) Any person who, when information with respect to these regulations is requested by the competent authority, knowingly or recklessly>
B 185

Conditions of the contract.

Conciliation.

Compliance orders.

(a) gives any false, inaccurate or misleading information<
or
(b) supplies incomplete information< or
B 186
(c) fails, without reasonable cause, to supply information requested within the time given< or
(d) prevents or hinders any investigation< or
(e) produces or furnishes, or causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in any material respect,
shall be guilty of an offence and shall, on conviction, be liable to a fine (multa) of not less than one hundred liri and not more than one thousand liri.
SCHEDULE
List of entities and high-pressure gas transmission grids
B 187

B 188
United Kingdom
Ireland Austria Sweden
Finland
British Gas
Irish Gas Board
ÖMV AG
Vattenfall Naturgas AB Sydgas AB
Neste Oy

Ippubblikat mid-Dipartiment ta’ l-Informazzjoni – 3, Pjazza Kastilja – Published by the Department of Information – 3, Castille Place

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

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