B 1778
L.N. 235 of 2021
REGULATOR FOR ENERGY AND WATER SERVICES ACT
(CAP. 545)
Electricity Regulations, 2021
 IN EXERCISE of the powers conf erred by article 37(1) of the
Regulator for Energy and Water Services Act, the Minister for E nergy,
Enterprise and Sustainable Devel opment after consultation with the
Regulator for Energy and Water Se rvices, has made the following
regulations:- 
Citation and 
scope.1. (1) The title of these regulations is the Electricity
Regulations, 2021.
 (2) These regulations transpose Directive (EU) 2019/944 of the
European Parliament and of the Council of 5 June 2019 on common
rules for the internal market for electricity and amending Dire ctive
2012/27/EU (recast). These regulations:
(a) establish common rules for the generation,
transmission, distribution, en ergy storage and supply of
electricity, together with cons umer protection provisions, with  a
view to creating truly integrate d, competitive, consumer-centre d,
flexible, fair and transparent e lectricity markets in the Union ;
(b) using the advantages of an integrated market, aim to
ensure affordable, transparent energy prices and costs forconsumers, a high degree of security of supply and a smooth
transition towards a sustaina ble low-carbon energy system; 
(c) lay down key rules relating to the organisation and
functioning of the Union electricity sector, in particular rule s on
consumer empowerment and prot ection, and insofar as they are
applicable, on open access to the integrated market, on third-party access to transmission and distribution infrastructure,
unbundling requirements, and rules on the independence of theRegulator;
(d) set out modes for the Regulator and transmission
system operators to cooperate t owards the creation of a fully
interconnected internal market f or electricity that increases t he
integration of electricity f rom renewable sources, free
competition and security of supply.
Verżjoni Elettronika
B 1779
 (3) These regulations a lso transpose Articles 4(9) and 4(11) of
Directive 2014/94/EU of the European Parliament and of the Coun cil
of 22 October 2014 on the deployment of alternative fuels
infrastructure. 
Interpretation. 2. In these regulations, unless the context otherwise requires:
Cap. 545. "Act" means the Regulator for  Energy and Water Services Act;
"active customer" means a final customer, or a group of jointly
acting final customers, who consum es or stores electricity gene rated
within its premises located within confined boundaries, or who sells
self-generated electricity or participates in flexibility or en ergy
efficiency schemes, provided that those activities do not const itute its
primary commercial or pr ofessional activity; 
"aggregation" means a function performed by a natural or legal
person who combines multiple cust omer loads or generated electr icity
for sale, purchase or auction i n any electricity market;
 "ancillary service" means a service necessary for the operatio n
of a transmission or distribution system, including balancing a nd non-
frequency ancillary services, but not including congestionmanagement;
 "balancing" means balancing as d efined in point 10 of Article 2
of Regulation (EU) 2019/943;
"balancing energy" means balancing energy as defined in point
11 of Article 2 of Regulation (EU) 2019/943;
"balance responsible party" means balance responsible party as
defined in point 14 of Article 2 of Regulation (EU) 2019/943;
 "best available techniques" means, in the context of data
protection and security in a smar t metering environment, the most
effective, advanced and practically suitable techniques for pro viding,
in principle, the basis for complying with the Union data prote ction
and security rules; 
"billing information" means the  information provided on a final
customer's bill, apart from a request for payment;
"citizen energy community" means a legal entity that:
(a) is based on voluntary and open participation and is
effectively controlled by memb ers or shareholders that are
natural persons, local authoritie s, including municipalities, o r
Verżjoni Elettronika
B 1780
small enterprises;
(b) has for its primary purpose to provide environmental,
economic or social community benefits to its members or
shareholders or to the local are as where it operates rather tha n to
generate financial profits; and
(c) may engage in generation, including from renewable
sources, distribution, supply, consumption, aggregation, energy
storage, energy efficiency services or charging services for
electric vehicles or provide other energy services to its membe rs
or shareholders;
"congestion" means congestion as defined in point (4) of Articl e
2 of Regulation (EU) 2019/943;
"contract termination fee" means a  charge or penalty imposed on
customers by suppliers or market participants engaged in aggreg ation,
for terminating an electrici ty supply or service contract;
"control" means rights, contract s or other means which, either
separately or in combination and having regard to the considerations offact or law involved, confer the  possibility of exercising deci sive
influence on an undertaking, in particular by:
(a) ownership or the right to use all or part of the assets
of an undertaking;
(b) rights or contracts whic h confer decisive influence on
the composition, voting or decisions of the organs of anundertaking; 
"conventional meter" means an ana logue or electronic meter with
no capability to both transmit and receive data;
"customer" means a wholesale or final customer of electricity;
"demand response" means the change of electricity load by final
customers from their normal or c urrent consumption patterns in
response to market signals, incl uding in response to time-varia ble
electricity prices or incentive payments, or in response to the
acceptance of the final customer's bid to sell demand reduction  o r
increase at a price in an organised market as defined in point 4 of
Article 2 of Commission Implementing Regulation (EU) No 1348/
2014 (17), whether alone or through aggregation;
"Directive" means Directive (EU) 2019/944 of the European
Parliament and of the Council of 5 June 2019 on co mmon rules fo r the
Verżjoni Elettronika
B 1781
internal market for electricit y and amending Directive 2012/27/ EU
(recast); 
"direct line" means either an electricity line linking an isola ted
generation site with an isolated customer or an electricity lin e linking a
producer and an electricity suppl y undertaking to supply direct ly their
own premises, subsidiaries and customers;
 "distributed generation" means generating installations
connected to the distribution sy stem; "distribu tion" means the
transport of electricity on high- voltage, medium-voltage and lo w-
voltage distribution systems with a view to its delivery to customers,
but does not include supply;
"distribution system operator" or "DSO" means a natural or lega l
person who is responsible for operating, ensuring the maintenan ce of
and, if necessary, developing th e distribution system in a given area
and, where applicable, its inte rconnections with other systems,  and for
ensuring the long-term ability of the system to meet reasonabledemands for the distri bution of electricity;
"dynamic electricity price contract" means an electricity suppl y
contract between a supplier and a final customer that reflects the price
variation in the spot markets, including in the day-ahead and i ntraday
markets, at intervals at least equal to the market settlement f requency;
 "electricity derivative" means a  financial instrument specifie d in
point (5), (6) or (7) of Section C of Annex I to Directive 2014 /65/EU
of the European Parliament and of the Council, where that instrument
relates to electricity; 
"electricity markets" means ma rkets for electricity, including
over-the-counter markets and electricity exchanges, markets for  t h e
trading of energy, capacity, bala ncing and ancillary services i n all
timeframes, including forward, day-ahead and intraday markets;
"electricity supply contract" means a contract for the supply o f
electricity, but does not inclu de electricity derivatives;
"electricity undertaking" means a natural or legal person who
carries out at least one of the following functions: generation ,
transmission, distribution, aggregation, demand response, energ y
storage, supply or purchase of electricity, and who is responsi ble for
the commercial, technical or maintenance tasks related to thosefunctions, but does not inc lude final customers; 
 "energy efficiency" means the ratio of output of performance,
Verżjoni Elettronika
B 1782
service, goods or energy, to input of energy;
"energy from renewable sources" or "renewable energy" means
energy from renewable non-fossil sources, namely wind, solar (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;
 "energy storage" means, in the electricity system, deferring the
final use of electricity to a moment later than when it was gen erated, or
the conversion of electrical energy into a form of energy which  can be
stored, the storing of such ener gy, and the subsequent reconversion of
such energy into electrical energy or use as another energy car rier;
"energy storage facility’ means, in the electricity system, a
facility where energy storage occurs;
"final customer" means a customer who purchases electricity for
own use;
"fully integrated network components" means network
components that are integrated in the transmission or distribut ion
system, including storage facilit i e s ,  a n d  t h a t  a r e  u s e d  f o r  t h e  s o l e
purpose of ensuring a secure and reliable operation of the tran smission
or distribution system, and not for balancing or congestion
management;
"generation" means the production of electricity;
"horizontally integrated undertaking" means an electricity
undertaking performing at least one of the functions of generat ion for
sale, or transmission, or distribution, or supply, and another non-
electricity activity;
"household customer" means a customer who purchases
electricity for the customer's ow n household consumption, exclu ding
commercial or professional activities; 
 "imbalance settlement period"  means imbalance settlement
period as defined in point (15) of Article 2 of Regulation (EU) 2019/
943;
 "independent aggregator" means a market participant engaged in
aggregation who is not affiliated to the customer's supplier;
"integrated electricity undertaki ng" means a vertically integra ted
undertaking or a horizontally integrated undertaking;
Verżjoni Elettronika
B 1783
 "interoperability" means, in the context of smart metering, th e
ability of two or more energy or communication networks, system s,
devices, applications or components to interwork to exchange an d use
information in order to perform required functions;
 "interconnector" means equipm ent used to link electricity
systems;
"interconnected system" means a number of transmission and
distribution systems linked together by means of one or more
interconnectors;
"market participant" means marke t participant as defined in poi nt
(25) of Article 2 of Regulation (EU) 2019/943;
 "microenterprise" means an en t e r p r i s e  w h i c h  e m p l o y s  f e w e r
than ten (10) persons and whose annual turnover and/or annual balance
sheet total does not exceed two million euro (€2,000, 000);
"Member State" means a member  state of the European Union;
"Minister" means the Minister responsible for energy;
"near real-time" means, in the context of smart metering, a sho rt
time period, usually down to seconds or up to the imbalance settlement
period in the national market;
"non-household customer" means a natural or legal person who
purchases electricity that is not for own household use, includ ing
producers, industrial customers, small and medium-sized enterpr ises,
businesses and wholesale customers;
"non-frequency ancillary servi ce" means a service used by a
transmission system operator or d istribution system operator fo r steady
state voltage control, fast react ive current injections, inerti a for local
grid stability, short-circuit current, black start capability a nd island
operation capability;
"person" means any natu ral or legal person; 
"producer" means a natural or legal person who generates
electricity;
"recharging point" means an interface that is capable of charging
one electric vehicle at a time or exchanging the battery of one electric
vehicle at a time;
"regional coordination centre" m eans a regional coordination
Verżjoni Elettronika
B 1784
centre established pursuant to Article 35 of Regulation (EU) 20 19/943;
 "Regulation (EU) 2019/943 " means Regulation (EU) 2019/943
of the European Parliament and of the Council of 5 June 2019 on  the
internal market for electricity; 
"Regulator" means the Regulator for Energy and Water Services
established by the Act; 
"related undertaking" means aff iliated undertakings as defined in
point (12) of Article 2 of Directive 2013/34/EU of the European
Parliament and of the Council, a nd undertakings which belong to the
same shareholders;
"smart metering system" means an electronic system that is
capable of measuring electricity  fed into the grid or electrici ty
consumed from the grid, providing more information than aconventional meter, and that is capable of transmitting and rec eiving
data for information, monitoring and control purposes, using a form of
electronic communication;
"supply" means the sale, including the resale, of electricity t o
customers;
"switching-related fee" means a charge or penalty for changing
suppliers or market participants  engaged in aggregation, includ ing
contract termination fees, that is directly or indirectly impos ed on
customers by suppliers, market p articipants engaged in aggregat ion or
system operators;
 "transmission" means the transport of electricity on the extra
high-voltage and high-voltage interconnected system with a view to itsdelivery to final customers or t o distributors, but does not in clude
supply;
"transmission system operator" m eans a natural or legal person
who is responsible for operating, ensuring the maintenance of a nd, if
necessary, developing the transm ission system in a given area and,
where applicable, its interconn ections with other systems, and for
ensuring the long-term ability o f the system to meet reasonable
demands for the transmission of electricity;
"security" means both security of supply and provision of
electricity, and technical safety;
"small connected system" means any system that had
consumption of less than 3,000 GWh in the year 1996, where morethan five per cent (5%) of annual consumption is obtained through
Verżjoni Elettronika
B 1785
interconnection with other systems; 
"small enterprise" means an enterprise which employs fewer than
50 persons and whose annual turnover and/or annual balance shee t
total does not exceed t en million euro (€10, 000, 000);
"small isolated system" means any system that had consumption
of less than 3,000 GWh in the year 1996, where less than five p er cent
(5%) of annual consumption is obtained through interconnection with
other systems;
"system user" means a natura l or legal pers on who supplies to, or
is supplied by a transmission syste m or a distribution system;
"vertically integrated undert aking" means an electricity
undertaking or a group of electri city undertakings where the sa me
person or the same persons are entitled, directly or indirectly , to
exercise control, and where the undertaking or group of underta kings
performs at least one of the functions of transmission or distr ibution,
and at least one of the functions of generation or supply;
"wholesale customer" means a natural or legal person who
purchases electricity for the purpose of resale inside or outsi de the
system where that person is established.
Free choice of 
supplier.3. All customers shall be free to purchase electricity from the
supplier of their choice and to have more than one electricity supply
contract at the same time provided that the required connection  a n d
metering points are established:
Provided that such rights shall not be exercised until such
time that the derogation under paragraph 5 of Article 66 of the
Directive applies. 
Market-based 
supply prices.4. (1) Suppliers shall be free to determine the price at which
they supply electricity to customers. The Regulator shall take
appropriate actions to ensure eff ective competition between sup pliers: 
(2) The Minister responsible for social policy shall ensure the
protection of energy poor and vul nerable household customers
pursuant to regulations 25 and 26:
 Provided that protection of  energy poor and vulnerable
household customers shall not be achieved by means of publicinterventions in the price setting for the supply of electricit y. 
(3) By way of derogation from s ub-regulations (1) and (2), the
Minister may apply public interventions in the price setting fo r the
Verżjoni Elettronika
B 1786
supply of electricity to ener gy poor or vulnerable household
customers. Such public interventi ons shall be subject to the co nditions
set out in sub-regulat ions (4) and (5).
(4) Public interventions in the price setting for the supply of
electricity shall:
(a) pursue a general economic  interest and not go beyond
what is necessary to achieve that general economic interest;
(b) be clearly defined, transparent, non-discriminatory
and verifiable;
(c) guarantee equal access for Union electricity
undertakings to customers:
(d) be limited in time and proportionate as regards their
beneficiaries;
(e) not result in additional co sts for market participants
in a discriminatory way.
(5) When applying public intervent ions in the price setting for
the supply of electricity in accordance with sub-regulation (3)   t h e
Minister shall also comply with point (d) of Article 3(3) and w ith
Article 24 of Regulation (EU)  2018/1999, regardless of whether there
are a significant number of households in energy poverty.
(6) For the purpose of a transit ion period to establish effectiv e
competition for electricity suppl y contracts between suppliers,  and to
achieve fully effective market-based retail pricing of electric ity in
accordance with sub-regulation (1), the Minister may apply publ ic
interventions in the price setting for the supply of electricit y to
household customers and to micro enterprises that do not benefit  from
public interventions pursuan t to sub-regulation (3).
(7) Public interventi ons pursuant to sub-regulation (6) shall
comply with the criteria set out in sub-regulation (4) and shal l:
(a) be accompanied by a set of measures to achieve
effective competition and a me thodology for assessing progress
with regard to t hose measures;
(b) be set using a methodology that ensures non-
discriminatory treatment of suppliers;
(c) be set at a price that is above cost, at a level where
effective price competition can occur;
Verżjoni Elettronika
B 1787
(d) be designed to minimise any negative impact on the
wholesale electricity market;
(e) ensure that all beneficiaries of such public
interventions have the possibility to choose competitive market
offers and are directly informed a t  l e a s t  e v e r y  q u a r t e r  o f  t h e
availability of offers and savings in the competitive market, in
particular of dynamic electricity price c ontracts, and shall en sure
that they are provided with assistance to switch to a market-based offer;
(f) ensure that, pursuant to regulations 16 and 18, all
beneficiaries of such public inter ventions are entitled to, and  are
offered to, have smart meters in stalled at no ex tra upfront cost to
the customer, are directly infor med of the possibility of insta lling
smart meters and are provided with necessary assistance;
(g) not lead to direct cross-subsidisation between
customers supplied at free market prices and those supplied atregulated supply prices.
(8) The Minister shall notify the measures taken in accordance
with sub-regulations (3) and (6) to the Commission within one (1)month after their adoption and ma y apply them immediately. The
notification shall be accompanie d by an explanation of why othe r
instruments were not sufficient to achieve the objective pursued, of
how the requirements set out in sub-regulations (4) and (7) are  fulfilled
and of the effects of the notified measures on competition. The
notification shall describe the scope of the beneficiaries, the  duration
of the measures and the number of household customers affected by
the measures and shall explain how the regulated prices have be en
determined.
(9) By 1
st January 2022 and 1st January 2025, the Minister
shall submit reports to the Commission on the implementation of  this
regulation, the necessity and proportionality of public interve ntions
under this regulation, and an ass essment of the progress toward s
achieving effective co mpetition between suppliers and the trans ition to
market-based prices. The Minister shall report on the complianc e with
the conditions set out in sub-regulation (7) with regard to theapplication of regulated prices  in accordance with sub-regulati on (6),
including on compliance by suppliers that are required to apply  such
interventions, as well as on the impact of regulated prices on the
finances of those supplier.
(10) This regulation shall not apply until such time as the
derogations under paragraphs 3 and 5 of Article 66 of the Directive
Verżjoni Elettronika
B 1788
apply.
Direct lines. 5. (1) (a) All producers and el ectricity supply undertakings
established within Malta may suppl y their own premises, subsidi aries
and customers through a direct line, without being subject to
disproportionate administr ative procedures or costs.
(b) All customers within Malta,  individually or jointly, may be
supplied through a direct line by producers and electricity sup ply
undertakings:
 Provided that such rights sha ll not be exercised until such
time that the derogation under pa ragraph 5 of Article 66 of the
Directive applies. 
(2) The Regulator shall lay dow n the criteria for the grant of
authorisations for the construc tion of direct lines in Malta. T hose
criteria shall be objective and non-discriminatory.
(3) The possibility of supplying electricity through a direct li ne
as referred to in sub-regulation (1) shall not affect the possi bility of
contracting electricity in accordance with Article 6 of the Dir ective:
Provided that such rights sha ll not be exercised until such
time that the derogation under pa ragraph 5 of Article 66 of the
Directive applies.
(4) The Regulator may issue authorisations to construct a
direct line, subject either to the refusal of system access on the basis,
as appropriate, of Article 6 of the Directive or to the opening  o f  a
dispute settlement procedure under regulation 48:
 Provided that refusal of system access on the basis of
Article 6 shall not be exercised until such time that the derog ations
under paragraph 3 of Ar ticle 66 of the Directive applies. 
(5) The Regulator may refuse to authorise a direct line if the
granting of such an authorisati on would obstruct the applicatio n of the
provisions on public service oblig ations in Article 9 of the Di rective.
Duly substantiated reasons shall be given for such a refusal.
Authorisation 
procedure for new capacity.6. (1) The construction of new  generation capacity shall
require an authorisation from the Regulator:
 Provided that no such authorisation shall be required for the
producers listed in Part A  of the Third Schedule.
(2) The authorisation procedure for the construction of new
Verżjoni Elettronika
B 1789
generating capacity, shall be conducted in accordance with obje ctive,
transparent and non-disc riminatory criteria.
(3) (a) The Regulator, in the processing of applications for
authorisations, shall take into account the size and potential impact of
the generation plant which the ap plication relates to. Specific ,
simplified and streamlined aut horisation procedures for small
decentralised and, or distributed generation, which take into a ccount
their limited size and potential impact, shall be determined by  t h e
Regulator.
(b) The Regulator when processing the applications for
authorisations referred t o in paragraph (a) shall: 
L.N. 66 of 2021.(i) take into account the outcome of the
comprehensive assessment ref erred to in regulation 21(1)
and 21(2) of the Energy Efficiency Regulations;
L.N. 66 of 2021.(ii) ensure that the requirements of regulation 21(1)
of the Energy Efficiency Regulations are fulfilled; and
L.N. 66 of 2021.(iii) take into account the outcome of the cost-
benefit analysis referred to  in regulation 21(2) of the
Energy Efficienc y Regulations. 
(4) The Regulator, in the processing of applications for
authorisations for the new construction or reconstruction of ge nerating
capacity, shall request that the applicant has obtained any relevant
approvals and permits from othe r competent authorities.
(5) The permits and approvals referred to in sub-regulation (4)
shall consider the following criteria: 
(a) the safety and security of the electricity system,
installations and associated equipment; 
(b) the protection of public  health and safety; 
(c) the protection of the environment;
(d) land use and siting; 
(e) the use of public ground; (f) energy efficiency;
(g) the nature of the primary sources;
(h) the characteristics particul ar to the applicant, such as
Verżjoni Elettronika
B 1790
technical, economic and f inancial capabilities; 
(i) compliance with measures adopted pursuant to
Article 9 of the Directive;
(j) the contribution of generating capacity to meeting the
overall Union target of at least  a thirty-two per cent (32%) sh are
of energy from renewable sources in the Union's gross final
consumption of energy in 2030 referred to in Article 3(1) of
Directive (EU) 2018/2001 of the European Parliament and of the
Council; 
(k) the contribution of generating capacity to reducing
emissions; 
(l) the alternatives to the construction of new generating
capacity, such as demand response solutions and energy storage;
(6) The Regulator sha ll publish the procedures relative to the
granting of an authorisation as i n such manner as it shall dete rmine so
as to bring it to the attention of those likely to be affected by it.
 (7) An application for an authorisation under this regulation
shall be in writing and be in su ch form and contain such inform ation as
the Regulator may reasonably request.
 (8) An application for an autho risation shall be accompanied
by the following fees:
(a) for a generating station with a capacity equal or
greater than 40kW and less than 5MW, a non-refundable fee oftwo hundred euro (€200)  shall apply;
(b) for a generating station with a capacity equal or
greater than 5MW, a non-refundable fee of five hundred (€500)shall apply.
(9) An authorisation granted by the Regulator under this
regulation, shall be in writing and, unless previously revoked in
accordance with any term contained in the authorisation, shall
continue in force for such period as may be specified in the fo rm
determined by or under the authorisation.
(10) Where the Regulator refuses to grant an authorisation:
(a) the reasons for such refusal shall be objective, non-
discriminatory, well founded and duly substantiated,
Verżjoni Elettronika
B 1791
(b) the applicant for the authorisation shall be notified, in
writing, by the Regulator of the reasons for the refusal, and
(c) the applicant shall have the right to appeal to the
Administrative Review Tribunal against a decision of the
Regulator in accordance with regulation 60.
Basic 
contractual rights.7. (1) All final customers shal l be entitled to have their
electricity provided by a supplier, subject to the supplier's agreement,
regardless of the Member State in which the supplier is registe red,
provided that the supplier follows the applicable trading and b alancing
rules:
 Provided that such rights shall not be exercised until such
time that the derogation under paragraph 5 of Article 66 of the
Directive applies.
(2) Final customers shall have the right to a contract with thei r
supplier that specifies:
(a) the identity and address of the supplier;
(b) the services provided, the service quality levels
offered, as well as the time for the initial connection;
(c) the types of maintenance service offered;(d) the means by which up-to-date information on all
applicable tariffs, maintenance charges and bundled products or
services may be obtained;
(e) the duration of the contract, the conditions for
renewal and termination of the contract and services, includingproducts or services that are bundled with those services, and
whether terminating the contr act without charge is permitted;
(f) any compensation and the refund arrangements which
apply if contracted service qual ity levels are not met, including
inaccurate or delayed billing;
(g) the method of initiating an out-of-court dispute
settlement procedure in acc ordance with regulation 23;
(h) information relating to consumer rights, including
information on complaint handlin g and all of the information
referred to in this paragraph, that is clearly communicated on the
bill or the electricit y undertaking's web site.
Verżjoni Elettronika
B 1792
Conditions shall be fair and well known in advance. In any case ,
this information shall be provided prior to the conclusion or
confirmation of the contract. Wher e contracts are concluded through
intermediaries, the information relating to the matters set out  in this
sub-regulation shall also be provided prior to the conclusion o f the
contract.
Final customers shall be provided with a summary of the key
contractual conditions in a prom inent manner and in concise and
simple language.
(3) Suppliers shall:
(a) give final customers ade quate notice of any intention
to modify contractual conditions and shall inform customers
about their right to terminate the contract when the notice is
given; 
(b) notify their final customers, in a transparent and
comprehensible manner, directl y of any adjustment in the supply
price and of the reasons and prec onditions for the adjustment a nd
its scope, at an appropriate tim e no later than two weeks, or n o
later than one (1) month in the case of household customers,
before the adjustment comes into effect:
Provided that final customers shall be free to
terminate contracts if they do not accept the new contractualconditions or adjustments in the supply price notified to them bytheir supplier.
(4) Suppliers shall provide final customers with transparent
information on applicable prices and tariffs and on standard te rms and
conditions, in respect of access to and use of  electricity serv ices.
( 5 ) S u p p l i e r s  s h a l l  o f f e r  f i n a l  c u s t o m e r s  a  w i d e  c h o i c e  o f
payment methods. Such pay ment methods shall not unduly
discriminate between customers. Any difference in charges relat ed to
payment methods or prepayment systems shall be objective, non-discriminatory and proportionate and shall not exceed the direc t costs
borne by the payee for the use of a specific payment method or a
prepayment system, in line with Article 62 of Directive (EU) 2015/2366 of the European Parliament and of the Council.
(6) Pursuant to sub-re gulation (5), household customers who
have access to prepayment systems shall not be placed at adisadvantage by the prepayment systems
Verżjoni Elettronika
B 1793
(7) Suppliers shall offer final customers fair and transparent
general terms and conditions, which shall be provided in plain and
unambiguous language and shall not  include non-contractual barr iers
to the exercise of customers’ rights, such as excessive contrac tual
documentation. Suppliers shall not use unfair or misleading selling
methods.
(8) Final customers shall have the right to a good standard of
service and complaint handling by their suppliers. Suppliers sh all
handle complaints in a simple, fair and prompt manner.
(9) When accessing universal service under the provisions
adopted by pursuant to regulation 24, final customers shall beinformed about their rights regarding universal service.
(10) (a) Suppliers shall provide household customers with
adequate information on alternative measures to disconnectionsufficiently in advance of any planned disconnection. Such alte rnative
measures may refer to sources of support to avoid disconnection ,
prepayment systems, energy audits , energy consultancy services,
alternative payment plans, debt management advice or disconnect ion
moratoria and not constitute an extra cost to the customers fac ing
disconnection;
 (b) Suppliers shall at least establish the following alternativ e
measures to disconnection:
(i) alternative payment plans;
(ii) debt management advice;
(iii)  disconnection moratoria. 
(11) Suppliers shall provide final  customers with a final closur e
account after any switch of supplier no later than six (6) week s after
such a switch has taken place.
Entitlement to a 
dynamic electricity price 
contract.8. (1) Final customers who have a smart meter installed can
request to conclude a dynamic electricity price contract with a t least
one supplier and with every supplier that has more than two hun dred
thousand (200,000) final customers. 
(2) Suppliers shall keep final customers fully informed of the
opportunities, costs and risks of  such dynamic electricity pric e
contracts and shall provide infor mation to the final customers,
accordingly, including with regard to the need to have an adequ ate
electricity meter installed. 
Verżjoni Elettronika
B 1794
The Regulator shall monitor the market developments and assess
the risks that the new products a nd services may entail and deal with
abusive practices.
(3) Suppliers shall obtain each final customer's consent before
that customer is switched to a dy namic electricity price contra ct.
(4) For at least a ten-year period after dynamic electricity pri ce
contracts become available, the Regulator shall monitor, and sh all
publish an annual report on the main developments of such contr acts,
including market offers and the im pact on consumers' bills, and
specifically the lev el of price volatility.
(5) This regulation shall not apply until such time that a spot or
intra-day market is  developed in Malta.
Right to switch 
and rules on 
switching-related fees.9. (1) Switching supplier or mar ket participant engaged in
aggregation shall be carried out  within the shortest possible t ime.
A customer wishing to switch s uppliers or market participants
engaged in aggregation, while re specting contractual conditions, is
entitled to such a switch within a maximum of three (3) weeks f rom
the date of the request. By no later than 2026, the technical p rocess of
switching supplier shall take no longer than twenty-four (24) h ours and
shall be possible on any working day:
 Provided that the right to switch supplier shall not be
exercised until such time that t he derogation under paragraph 5  o f
Article 66 of the Directive applies.
(2) Suppliers and market participant shall not charge any
switching-related fees to household customers and small enterpr ises;
(3) By way of derogation from s ub-regulation (2), suppliers or
market participants engaged in aggregation may charge customers
contract termination fees where those customers voluntarily ter minate
fixed-term, fixed-price electricity supply contracts before the ir
maturity:
Provided that such fees are p art of a contract that the
customer has voluntarily entered into and that such fees are clearly
communicated to the customer before the contract is entered int o:
Provided further that, such f ees shall be proportionate and
shall not exceed the direct economic loss to the supplier or th e market
participant engaged in aggregation resulting from the customer' s
termination of the contract, including the costs of any bundledinvestments or services that ha ve already been provided to the
Verżjoni Elettronika
B 1795
customer as part of the contract . The burden of proving the dir ect
economic loss shall be on the supplier or market participant en gaged in
aggregation, and the permissibil ity of contract termination fee s shall
be monitored by the Regulator.
(4) Customers shall have the right to switch supplier or market
participants engaged in aggrega tion in a non-discriminatory man ner as
regards cost, effort and time:
Provided that the right to switch supplier shall not be
exercised until such time that the derogation under paragraph 5  o f
Article 66 of the Directive applies.
(5) Household customers shall be entitled to participate in
collective switching schemes:
Provided that the right to switch supplier shall not be
exercised until such time that the derogation under paragraph 5  o f
Article 66 of the Directive applies.
Aggregation 
contract.10. (1) All customers shall be free to purchase and sell
electricity services, including aggregation, other than supply,
independently from their electricity supply contract and from a n
electricity undertaking of their choice:
 Provided that such rights shall not be exercised until such
time that the derogations from paragraphs 3 and 5 under Article  66 of
the Directive apply. This shall be without prejudice to the rig ht of
customers to sell electricity services, including aggregation t o the
DSO. 
(2) Where a final customer wishes to conclude an aggregation
contract, the final customer i s entitled to do so without the c onsent of
the final customer's electricity undertakings.
Market participants engaged in  aggregation shall fully inform
customers of the terms and conditions of the contracts that the y offer to
them.
(3) Final customers shall be en titled to receive all relevant
demand response data or data on supplied and sold electricity f ree of
charge at least once every billing period if requested by the c ustomer.
(4) Final customers shall be able to exercise rights referred to
in sub-regulations (2) and (3) in  a non-discriminatory manner a s
regards cost, effort or time. In particular, customers shall no t be
subject to discriminatory technica l and administrative requirem ents,
procedures or charges by their  supplier on the basis of whether  they
Verżjoni Elettronika
B 1796
have a contract with a market pa rticipant engaged in aggregation.
Comparison 
tools.11. (1) Household customers, and microenterprises with an
expected yearly consumption of below 100,000 kWh, shall have
access, free of charge, to at least one tool comparing the offers of
suppliers, including offers for dynamic electricity price contr acts.
Customers shall be informed of t he availability of such tools i n or
together with their bills or by other means. 
The tools shall meet at least the following requirements:
(a) they shall be independent from market participants
and ensure that electricity undertakings are given equal treatm ent
in search results;
(b) they shall clearly disc lose their owners and the
natural or legal person operating and controlling the tools, as
well as information on how the tools are financed;
(c) they shall set out clear and objective criteria on which
the comparison is to be based, including services, and disclosethem;
(d) they shall use plain and unambiguous language;
(e) they shall provide accurate and up-to-date
information and state the time of the last update;
(f) they shall be accessible to persons with disabilities,
by being perceivable, operab le, understandable and robust;
(g) they shall provide an effective procedure for
reporting incorrect infor mation on published offers; and
(h) they shall perform comp arisons, while limiting the
personal data requested to th at strictly necessary for the
comparison.
The Regulator shall ensure that at least one tool covers the en tire
market. Where multiple tools cover the market, those tools shal l
include, as complete as practicable, a range of electricity off ers
covering a significant part of the market and, where those tool s do not
completely cover the market, a clear statement to that effect, before
displaying results.
(2) The tools referred to in sub-regulation (1) may be operated
by any entity, including private companies and public authoriti es or
bodies.
Verżjoni Elettronika
B 1797
(3) The Regulator shall be res ponsible for issuing trust marks
for comparison tools that meet the requirements set out in sub-
regulation (1), and for ensuring that comparison tools bearing a trust
mark continue to meet the requirements set out in sub-regulation (1):
 Provided that the issue of trust mark shall not be required
when the comparison tool is pr ovided by a public authority or body
and when such comparison meets the requirements set out in sub-
regulation (1).
(4) Any tool comparing the offers of market participants shall
be eligible to apply for a trust mark in accordance with this regulationon a voluntary and non-discriminatory basis.
Active 
customers.12. (1) Final customers shall be entitled to act as active
customers without being subject to disproportionate or discrimi natory
technical requirements, adminis trative requirements, procedures  a n d
charges, and to network charges t hat are not cost-reflective.
(2) (a) Active customers s hall have the right to:
(i) operate either directly or through aggregation;
(ii) sell self-generated el ectricity, including through
power purchase agreements; 
(iii) participate in flexibility schemes and energy
efficiency schemes;
(iv) delegate to a third party the management of the
installations required for their activities, including
installation, operation, data h andling and maintenance,
without that third party being considered to be an active
customer;
(b) Active customers shall be:
(i) subject to cost-reflective, transparent and non-
discriminatory network charges that account separately for
the electricity fed into the grid and the electricity consumed
from the grid, in accordanc e with regulation 47(6) and
Article 18 of Regulation (EU) 2019/943, ensuring that they
contribute in an adequate and balanced way to the overall
cost sharing of the system;
(ii) financially responsible  for the imbalances they
cause in the electricity system; to that extent they shall bebalance responsible parties or shall delegate their balancing
Verżjoni Elettronika
B 1798
responsibility in accordance with Article 5 of Regulation
(EU) 2019/943:
Provided that until such time t hat a liquid intraday market
is developed the DSO shall bear the balancing responsibility.
(3) Existing schemes that do not account separately for the
electricity fed into the grid and the electricity consumed from the grid,
shall not grant new rights under such schemes after 31st December
2023. In any event, customers subject to existing schemes shall  have
the possibility at any time to opt for a new scheme that accoun ts
separately for the electricity fed into the grid and the electr icity
consumed from the grid as the basis for calculating network cha rges.
(4) Active customers that own an energy storage facility:
(a) shall have the right to a grid connection within a
reasonable time after the request, provided that all necessary
conditions, such as balancing responsibility and adequate
metering, are fulfilled;
(b) shall not be subject to any double charges, including
network charges, for stored electricity remaining within theirpremises or when providing fl exibility services to system
operators;
(c) are not subject to disproportionate licensing
requirements or fees;
(d) may provide several services simultaneously, if
technically feasible.
Citizen energy 
communities.13. (1) The Minister shall provi de an enabling regulatory
framework for citizen energy communities ensuring that:
 (a) participation in a citizen energy community shall be
open and voluntary.
 (b) members or shareholders of a citizen energy
community shall be entitled to leave the community, in which
case regulation 9 shall apply.
 (c) members or shareholders of a citizen energy
community shall not lose their rights and obligations ashousehold customers or active customers.
 (d) subject to fair compensation as assessed by the
Regulator, relevant distributi on system operators shall coopera te
Verżjoni Elettronika
B 1799
with citizen energy communities to facilitate electricity trans fers
within citizen energy communities.
 (e) citizen energy communities shall be subject to non-
discriminatory, fair, proportiona te and transparent procedures
and charges, including with respect to registration and licensi ng,
and to transparent, non-discriminatory and cost- reflective
network charges in accordance w ith Article 18 of Regulation
(EU) 2019/943, ensuring that they contribute in an adequate andbalanced way to the overall cost sharing of the system.
(2) The Minister may provide in the enabling regulatory
framework that citize n energy communities:
(a) shall be open to cross- border participation;
(b) shall be entitled to own, establish, purchase or lease
distribution networks and to autonomously manage them subjectto conditions set out i n sub-regulation (4); 
(c) shall be subject to the exemptions provided for in
regulation 35(2).
(3) Citizen energy communities shall be:
(a) able to access all electricity markets, either directly or
through aggregation, in a non- discriminatory manner;
(b) treated in a non-discri minatory and proportionate
manner with regard to their activities, rights and obligations as
final customers, producers, suppliers, distribution systemoperators or market partic ipants engaged in aggregation;
(c) financially responsible for the imbalances they cause
in the electricity system, to that extent they shall be balanceresponsible parties or shal l delegate their balancing
responsibility in accordance wi th Article 5 of Regulation (EU)
2019/943:
Provided that until such time that a liquid intraday
market is developed the DSO shall be delegated with thebalancing responsibility;
(d) with regard to consumption of self-generated
electricity, citizen energy communities shall be treated likeactive customers in accordan ce with regulation 12(2)(b)(i);
(e) may arrange within the citizen energy community the
Verżjoni Elettronika
B 1800
sharing of electricity that is  produced by the production units
owned by the community, subject to other requirements laid
down in this regulation and subject to the community membersretaining their rights and obligations as final customers.
For the purposes of paragraph (e), where electricity is shared,  this
shall be without prejudice to applicable network charges, tarif fs and
levies, in accordance with a transparent cost-benefit analysis of
distributed energy resources de veloped by the competent nationa l
authority:
Provided that the aforesaid sharing of electricity shall not
be carried out until such time that the derogation under paragr aph 5 of
Article 66 of the Directive applies. 
(4) The Minister may decide to grant citizen energy
communities the right to manage d istribution networks in their area of
operation and establish the relevant procedures, without prejud ice to
Chapter IV of the Directive or to other rules and regulations applying
to distribution system operators . If such a right is granted, c itizen
energy communities shall:
(a) be entitled to conclude  an agreement on the operation
of their network with the relevant distribution system operator  or
transmission system operator to which their network is
connected;
(b) be subject to appropriate network charges at the
connection points between their  network and the distribution
network outside the citizen energy community and that such
network charges account separately  for the electricity fed into
the distribution network and th e electricity consumed from the
distribution network outside the  citizen energy community in
accordance with regulation 47(4);
(c) not discriminate or h arm customers who remain
connected to the distribution system.
Demand 
response through 
aggregation.14. (1) Final customers shall have the right to participate in
demand response through aggregati on. Final customers, including
those offering demand response through aggregation, may partici pate
alongside producers in a non-disc riminatory manner to provide
demand response services. 
(2) Transmission system opera tors and distribution system
operators, when procuring ancillary services, shall treat marke t
participants engaged in the aggregation of demand response in a  non-
discriminatory manner alongside producers on the basis of their
Verżjoni Elettronika
B 1801
technical capabilities.
(3) (a) (i) Each market participant engaged in aggregation,
including independent aggregators, may enter electricity market s
without the consent of other market participants;
(ii) market participants engaged in aggregation
shall be financially responsible  for the imbalances that they
cause in the electricity system; to that extent they shall be
balance responsible parties or shall delegate their balancing
responsibility in accordance with Article 5 of Regulation(EU) 2019/943:
 Provided that until such time that a liquid
intraday market is developed the DSO shall be delegatedwith the balancing responsibility.
(b) Final customers who have a  contract with independent
aggregators shall not be subject  to undue payments, penalties o r other
undue contractual restrictions by their suppliers;
(c) The provisions of the Dispute Resolution (Procedures)
Regulations shall mutatis mutandis apply to disputes between market
participants engaged in aggregat ion and other market participan ts,
including responsibility for imbalances.
(4) (a) Transmission system op erators and, or distribution
system operators, acting in clo se cooperation with market parti cipants
and final customers, shall estab lish the technical requirements  f o r
participation of demand response in all electricity markets on the basis
of the technical characteristics  of those markets and the capab ilities of
demand response. Such requirement s shall cover participation
involving aggregated loads.
(b) The technical requirements referred to paragraph (a) shall
be subject to public consultation and thereafter to the approval of the
Regulator.
(5) The DSO shall make known the demand response services
that may be provided by final customers and all market particip ants.
Bills and billing 
information.15. (1) Bills and billing information shall be accurate, easy to
understand, clear, concise, user- friendly and presented in a m anner
that facilitates comparison by final customers. On request, fin al
customers shall receive a clear  and understandable explanation of how
their bill was derived, especially where bills are not based on  actual
consumption.
Verżjoni Elettronika
B 1802
(2) Final customers shall receive  all their bills and billing
information free of charge.
(3) Final customers shall be of fered the option of electronic
bills and billing information and shall be offered flexible arrangements
for the actual payment of the bills.
(4) If the contract provides fo r a future change of the product
or price, or a discount, this shall be indicated on the bill to gether with
the date on which the change takes place.
(5) Any changes to the requireme nts for the content of bills
shall be subject to consultati on with consumer organisations.
(6) Bills and billing informat ion shall fulfil the minimum
requirements set out in the First Schedule.
Smart metering 
systems.16. (1) The Minister shall assign responsibility for installing
smart meters to a distribution system operator. The distribution system
operator shall deploy smart metering systems that assist the active
participation of customers in the electricity market:
 Provided that such deployment may be subject to a cost-
benefit assessment, if the Minister so directs, which shall beundertaken by the distribution sy stem operator in accordance wi th the
principles laid down in the Second Schedule. 
(2) The Regulator shall a dopt and publish the minimum
functional and technical require ments for the smart metering systems
to be deployed, in accordance with regulation 17 and the Second
Schedule. In establishing such min imum requirements, the Regula tor
shall ensure the interoperability of those smart metering syste ms, as
well as their ability to provide output for consumer energymanagement systems. In that respect, the Regulator shall have due
regard to the use of the relevan t available standards, includin g those
enabling interoperability, to best practices and to the importance of thedevelopment of smart grids and the development of the internal market
for electricity.
(3) Final customers s hall contribute to the associated costs of
the deployment of smart metering systems in a transparent and n on-
discriminatory manner. The estab lishment of the contribution ma de by
customers should take into accoun t the long-term benefits to the whole
value chain. The Regulator shall regularly monitor such deploym ent to
track the delivery of benefits to consumers.
(4) Where the deployment of smart metering systems has been
negatively assessed as a result of the cost-benefit assessment referred
Verżjoni Elettronika
B 1803
to in sub-regulation (1), the distribution system operator shal l revise
this assessment at least every four years, or more frequently, in
response to significant changes in the underlying assumptions a nd in
response to technological and mark et developments. The Minister
shall notify to the Commission the outcome of the updated cost- benefit
assessment as it becomes available. 
(5) The provisions in these regulations concerning smart
metering systems shall apply to  future installations and to ins tallations
that replace older smart meters. Smart metering systems that ha ve
already been installed, or for which the ‘start of works’ began , before
the 4th July 2019, may remain in operation over their lifetime but, in
the case of smart metering systems that do not meet the require ments
of regulation 17 and the Second Schedule, shall not remain in
operation after the 5th July 2031.
For the purpose of this sub-regulation, "start of works" means
either the start of construction works on the investment or the  first firm
commitment to order equipment or  other commitment that makes th e
investment irreversible, whichev er is the first in time. Buying  of land
and preparatory works such as obtaining permits and conductingpreliminary feasibility studies  are not considered as start of works. For
take-overs, ‘start of works’ mea ns the moment of acquiring the assets
directly linked to the acquired establishment.
Functionalities 
of smart 
metering 
systems.17. Where the deployment of smart metering systems is
positively assessed as a result of the cost-benefit assessment referred
to in regulation 16(1), or where smart metering systems are
systematically deployed after 4th July 2019, smart metering systems
shall be deployed in accordance with European standards, the Se cond
Schedule and the following requirements:
(a) the smart metering systems shall accurately measure
actual electricity consumption an d shall be capable of providin g
to final customers information on actual time of use. Validatedhistorical consumption data sha ll be made easily and securely
available and visualised to final customers on request and at n o
additional cost. Non-validated near real-time consumption data
shall also be made easily and securely available to final
customers at no additional cost, through a standardised interfa ce
or through remote access, in order to support automated energy
efficiency programmes, demand r esponse and other services;
(b) the security of the smar t metering systems and data
communication shall comply with relevant Union security rules,
having due regard of the best av ailable techniques for ensuring
the highest level of cybersecurity protection while bearing in
Verżjoni Elettronika
B 1804
mind the costs and the principle of proportionality;
(c) the privacy of final customers and the protection of
their data shall comply with rele vant Union data protection and
privacy rules;
(d) meter operators shall ensure that the meters of active
customers who feed electricity  into the grid can account for
electricity fed into the grid from the active customers' premis es;
(e) if final customers request it, data on the electricity
they fed into the grid and their electricity consumption data s hall
be made available to them, in accordance with the implementing
acts adopted pursuant to Article 24 of the Directive, through astandardised communication interface or through remote access,
or to a third party acting on their behalf, in an easily
understandable format allowing them to compare offers on a
like-for-like basis;
(f) appropriate advice and information shall be given to
final customers prior to or at t he time of installation of smar t
meters, in particular concerning their full potential with rega rd to
the management of meter reading and the monitoring of energyconsumption, and concerning the collection and processing ofpersonal data in accordance with the applicable Union data
protection rules;
(g) smart metering systems shall enable final customers
to be metered and settled at the same time resolution as theimbalance settlem ent period in the national market.
For the purposes of paragraph (e), it shall be possible for fin al
customers to retrieve their metering data or transmit them to a nother
party at no additional cost and in accordance with their right to data
portability under Union data protection rules.
Entitlement to a 
smart meter.18. (1) Where the deployment of smart met ering systems has
been negatively assessed as a res ult of the cost-benefit assess ment
referred to in regulation 16(1) a nd where smart metering system s are
not systematically deployed, every final customer shall be enti tled on
request, while bearing the associated costs, to have installed or, where
applicable, to have upgraded, unde r fair, reasonable and cost-e ffective
conditions, a smart meter that:
(a) is equipped, where technically feasible, with the
functionalities referred to in r egulation 17, or with a minimum
set of functionalities to be defined and at national level in
accordance with the Second Schedule;
Verżjoni Elettronika
B 1805
(b) is interoperable and able to deliver the desired
connectivity of the metering infr astructure with consumer energ y
management systems in near real-time.
(2) In the context of a customer request for a smart meter
pursuant to sub-regulation (1), the distribution system operator shall:
(a) ensure that the offer to th e final customer requesting
the installation of a smart met er explicitly st ates and clearly
describes:
(i) the functions and interoperability that can be
supported by the smart meter and the services that are
feasible as well as the bene fits that can be realistically
attained by having that smart meter at that moment in time;
(ii) any associated costs to be borne by the final
customer.
(b) ensure that it is installed  within a reasonable time, no
later than four (4) months after the customer's request;
(c) regularly, and at least every two (2) years, review and
make publicly available the associated costs, and trace the
evolution of those costs as a result of technology developments
and potential metering system upgrades.
Conventional 
meters.19. (1) Where final customers do not have smart meters,
final customers shall be provide d by the distribution system op erator
with individual conventional meters that accurately measure the ir
actual consumption.
(2) The distribution system ope rator shall ensure that final
customers are able to easily read their conventional meters, ei ther
directly or indirectly through an online interface or through a nother
appropriate interface.
Data management. 20. (1) When laying down the rules regarding the
management and exchange of data, the Regulator shall specify th e
rules on the access to data of the final customer by eligible p arties in
accordance with this regulation and the applicable Union legal
framework. For the purpose of these regulations, data shall be
understood to include metering and consumption data as well as data
required for customer switching, demand response and other serv ices.
(2) The Regulator shall organise the management of data in
order to ensure efficient and secure data access and exchange, as well
as data protection and data security. 
Verżjoni Elettronika
B 1806
Independently of the data management model applied, the parties
responsible for data management s hall provide access to the data of the
final customer to any eligible party, in accordance with sub-re gulation
(1). Eligible parties shall have the requested data at their di sposal in a
non-discriminatory manner and simultaneously. Access to data sh all be
easy and the relevant procedures for obtaining access to data s hall be
made publicly available.
(3) The rules on access to data and data storage for the purpose
of these regulations shall comply with the relevant Union law.
The processing of personal data within the framework of these
regulations shall be carried out in accordance with Regulation (EU)
2016/679.
(4) The Regulator shall aut horise and certify or, where
applicable, supervise the parties responsible for the data management,
i n  o r d e r  t o  e n s u r e  t h a t  t h e y  c o m ply with the requirements of th ese
regulations. 
Without prejudice to the tasks of the data protection officers
under Regulation (EU) 2016/679, p arties responsible for data
management shall appoint compliance officers who are to beresponsible for monitoring the implementation of measures taken  by
those parties to ensure non-discriminatory access to data and
compliance with the requirements of these regulations.
(5) No additional costs shall be c harged to final customers for
access to their data or for a request to make thei r data available.
Parties responsible for data management shall be responsible fo r
setting the relevant charges fo r access to data by eligible parties.
The Regulator shall ensure that any charges imposed by
regulated entities that provide d ata services are reasonable an d duly
justified.
Interoperability 
requirements 
and procedures for access to 
data.21. Electricity undertakings shall apply the interoperability
requirements and procedures for a ccess to data referred to in p aragraph
2 of Article 24 of the Directive. Those requirements and proced ures
shall be based on existing national practices.
Single points of 
contact.22. The Regulator shall act as a single point of contact, to
provide customers with all neces sary information concerning the ir
rights, the applicable law and dispute settlement mechanisms av ailable
to them in the event of a dispute:
 Provided that this shall be without prejudice to the
Verżjoni Elettronika
B 1807
establishment of other single points of contact which may be pa rt of
general consumer information points.
Right to out-of-
court dispute settlement.23. (1) Final customers shall have access to simple, fair,
transparent, independent, effective and efficient out-of-court
mechanisms for the settlement of  disputes concerning rights and
obligations established under these regulations and provided by t h e
Regulator. 
(2) Where the final customer refe rred to in sub-regulation (1) i s
a consumer within the meani ng of Directive 2013/11/EU of the
European Parliament and of the Council, the out-of-court disput e
settlement mechanisms shall compl y with the quality requirements of
Directive 2013/11/EU. 
(3) When settling a dispute in t he cases referred to in sub-
regulation (2), the Regulator may, where warranted, decide for
reimbursement and compensation.
(4) Alternative dispute resoluti on entities shall cooperate to
provide simple, fair, transparent, independent, effective and efficientout-of-court dispute settlement mechanisms for any dispute that  arises
from products or servi ces that are tied t o, or bundled with, any product
or service falling under the scope of these regulations.
(5) Electricity undertak ings shall participate mandatorily in th e
out-of-court dispute settlement f or household customers which i s
provided by the Regulator.
Universal 
service.24. (1) All household customer and small enterprises, shall
enjoy universal service, namely the right to be supplied with e lectricity
of a specified quality within their territory at competitive, e asily and
clearly comparable, transpare nt and non-discriminatory prices. 
(2) Distribution system operators shall be obliged to connect
customers to their network under terms, conditions and tariffs set in
accordance with the procedur e laid down in regulation 47(4). 
Vulnerable 
customers.25. (1) Vulnerable customer for the purposes of these
regulations means energy poor customers which includes customers
with low income levels and for whom the share of energy expendi ture
is a significant part of disposable income. Vulnerable customer s shall
also be customers who are criti cally dependent on electrical eq uipment
for health reasons or other criteria determined by the Minister
responsible for social policy.
 (2) The disconnection of electri city to vulnerable customers in
critical times i s prohibited.
Verżjoni Elettronika
B 1808
Energy poverty.  26. The Minister responsible for s ocial policy shall establish
and publish a set of criteria for the assessment of the number of
households in energy poverty, which may include low income, hig h
expenditure of disposable inc ome on energy and poor energy
efficiency.
Designation of 
distribution system operator.27. Enemalta plc is designated the distribution system operator
in Malta. 
Tasks of 
distribution 
system operators.28. (1) The distribution system operator shall be responsible
for ensuring the long-term ability of the system to meet reason able
demands for the distribution of  electricity, for operating, mai ntaining
and developing under economic conditions a secure, reliable and
efficient electricity distribution system in Malta with due reg ard for
the environment and energy efficiency.
(2) In any event, the distribution system operator shall not
discriminate between system us ers or classes of system users,
particularly in favour of its related undertakings.
(3) The distribution s ystem operator shall provide system users
with the information they need for efficient access to, includi ng use of,
the system.
(4) The distribution system operator, when dispatching
generating installations shall give priority to generating inst allations
using renewable sources or using high-efficiency cogeneration, in
accordance with Article  12 of Regulation (EU) 2019/943:
 Provided that priority dispat ch shall continue to apply for
all intermittent renewable ene rgy sources and high-efficiency
cogeneration until such time tha t a liquid intra-day wholesale market is
developed. 
(5) Each distribution system ope rator shall act as a neutral
market facilitator in procuring the energy it uses to cover energy lossesin its system in accordance with transparent, non-discriminator y and
market-based procedures, whenever it has such a function.
(6) The distribution system ope rator shall be responsible for
the procurement of products and services necessary for the effi cient,
reliable and secure operation of the distribution system. The r ules
adopted by the distribution system operator for that purpose sh all be
objective, transparent and non-disc riminatory, and shall be developed
in coordination with transmission system operators and other re levant
market participants. The terms and conditions, including rules and
tariffs, where applicable, for the provision of such products and
services to distribution system operators shall be established in
Verżjoni Elettronika
B 1809
accordance with regulation 47(4) in a non-discriminatory and co st-
reflective way and shall be published.
(7) In performing the tasks refe rred to in sub-regulation (6), the
distribution system operator shall procure the non- frequency a ncillary
services needed for its system in  accordance with transparent, non-
discriminatory and market-based procedures, unless the Regulato r has
assessed that the market-based provision of non-frequency ancil lary
services is economically not efficient and has granted a deroga tion.
The obligation to procure non-frequency ancillary services does not
apply to fully integrated network components.
(8) The procurement of the products and services referred to in
sub-regulation (6) shall ensure the effective participation of all
qualified market participants, including market participants of fering
energy from renewable sources,  market participants engaged in
demand response, operators of energy storage facilities and mar ket
participants engaged in aggregation. In particular, the Regulat or and
the distribution system operator, in close cooperation with all  market
participants, as well as transmission system operators, shall e stablish
the technical requirements for participation in those markets o n the
basis of the technical characteristics of those markets and the
capabilities of all market participants.
(9) The distribution system operator shall cooperate with
transmission system operators for the effective participation o f market
participants connected to their grid in retail, wholesale and balancingmarkets. Delivery of balancing services stemming from resources
located in the distribution system shall be agreed with the rel evant
transmission system operator in  accordance with Article 57 of
Regulation (EU) 2019/943 and Artic le 182 of Commission Regulation
(EU) 2017/1485. 
(10) The distribution system operators may perform activities
other than those provided for in  these regulations and in Regul ation
(EU) 2019/943, where such activities are necessary for the distributionsystem operators to fulfil their obligations under these regula tions or
Regulation (EU) 2019/943, provided that the Regulator has asses sed
the necessity of such a derogati on. This sub-regulation shall be without
prejudice to the right of the di stribution system operator to o wn,
develop, manage or operate networks other than electricity netw orks
where the distribution system ope rator has been granted such a right.
Technical rules. 29. (1) Within such time specified by the Regulator and
following such consultation proces ses as the Regulator may dire ct to
be made, the distribution system  operator shall prepare, keep u pdated
and publish a "network code", and subject to the approval of th e
Verżjoni Elettronika
B 1810
Regulator, defining the technical  safety criteria and the technical rules
establishing the minimum tec hnical design and operational
requirements for the conn ection to the system of:
(a) generating installations; 
(b) energy storage;
(c) distribution systems;
(d) directly connected c onsumers’ equipment; 
(e) interconnector circuits;
(f) direct lines; and
(g) renewable and citizen energy communities. 
S.L. 419. 06(2) The network code shall set  the minimum operational rules
and obligations on network securi ty and foreseeable circumstanc es in
which security shall be maintain ed. The network code shall ensu re the
interoperability of systems and shall be objective and non-
discriminatory. The network code shall be notified in accordanc e with
the Notification Procedure Regul ations. The Regulator may from time
to time give directions, which may include technical safety cri teria, to
the distribution system operator in respect to the matters to b e
specified in the network code and its review and revision by th e
distribution system operator.
Incentives for 
the use of 
flexibility in distribution 
networks.30. (1) The Minister shall provide the necessary regulatory
framework to allow and provide incentives to the distribution system
operators to procure flexibilit y services, including congestion
management in Malta, in order to  improve efficiencies in the op eration
and development of the distribut ion system. In particular, dist ribution
system operators may procure s uch services from providers of
distributed generation, demand response or energy storage and m ake
use of energy efficiency measures, where such services cost-effectively alleviate the need  to upgrade or replace electricity capacity
and support the efficient and secure operation of the distribut ion
system. 
(2) Distribution system operato rs shall procure the services
referred to sub-regulation (1) in  accordance with transparent, non-
discriminatory and market-based procedures unless the Regulator  has
established that the procurement of such services is not econom ically
efficient or that such procurement would lead to severe marketdistortions or to higher congestion:
Verżjoni Elettronika
B 1811
 Provided that where market-based procedures are not
possible the distribution system operator may procure flexibili ty by
offering connection agr eements to users of the network and/or p ropose
network tariffs designed to encourage network users to alter their
behaviour for a more efficient use of the distribution network.
(3) (a  The distribution system operator, subject to the
approval of the Regulator, shall,  in a transparent and particip atory
process that includes all relevant system users and transmissio n system
operators, establish the specifications for the flexibility ser vices
procured and, where appropriate, standardised market products for
such services at least at national level; 
(b) The specifications shall ensure the effective and non-
discriminatory participation of a ll market participants, includ ing
market participants offering energy from renewable sources, mar ket
participants engaged in demand response, operators of energy st orage
facilities and market participants engaged in aggregation; 
(c) Distribution system operato rs shall exchange all necessary
information and shall coordinate  with transmission system opera tors in
order to ensure the optimal uti lisation of resources, to ensure  t h e
secure and efficient operation of the system and to facilitate market
development:
 Provided that the distribution system operator shall be
adequately remunerated for the procurement of such services to allow
it to recover at least its reas onable corresponding costs, incl uding the
necessary information and communication technology expenses andinfrastructure costs.
(4) (a) The development of a d istribution system shall be
based on a transparent network de velopment plan that the distri bution
system operator shall publish at  least every two (2) years and shall
submit to the Regulator. 
(b) The network development pl an shall provide transparency
on the medium and long-term flexi bility services needed, and shall set
out the planned investments for the next five-to-ten years, wit h
particular emphasis on the main distribution infrastructure whi ch is
required in order to connect new generation capacity and new lo ads,
including recharging points for el ectric vehicles. The network
development plan shall also include the use of demand response,energy efficiency, energy storag e facilities or other resources  that the
distribution system operator is t o use as an alternative to sys tem
expansion.
Verżjoni Elettronika
B 1812
(5) (a) The distribution system operator shall consult all
relevant system users and the re levant transmission system operators
on the network development plan. 
(b) The distribution system operator shall publish the results of
the consultation process along wit h the network development plan and
submit the results of the consul tation and the network developm ent
plan to the Regulator. The Regulator may request for amendments  to
be made to the plan.
Integration of 
electromobility into the 
electricity 
network.31. (1) The distribution system operator shall cooperate on a
non-discriminatory basis with any undertaking that owns, develo ps,
operates or manages recharging poi nts for electric vehicles, in cluding
with regard to connection to the grid.
(2) Distribution system operators shall not own, develop,
manage or operate recharging poi nts for electric vehicles, exce pt
where distribution system operato rs own private recharging poin ts
solely for their own use.
(3) By way of derogation from sub-regulation (2), distribution
system operators shall be allowe d to own, develop, manage or op erate
recharging points for electric ve hicles, provided that all of t he
following conditions are fulfilled:
(a) other parties, following an open transparent and non-
discriminatory tenderi ng procedure that is subject to review an d
approval by the Regulator, have not been awarded a right to own ,
develop, manage or operate re charging points for electric
vehicles, or could not deliver t hose services at a reasonable c ost
and in a timely manner;
(b) the Regulator has carried out an ex ante review of the
conditions of the tendering pro cedure under paragraph (a) and
has granted its approval;
(c) the distribution system operator operates the
recharging points on the basis of third-party access in accorda nce
with Article 6 and does not discr iminate between system users o r
classes of system users, and in particular in favour of its rel ated
undertakings.
The Regulator may draw up guidelines or procurement clauses to
help distribution system operators ensure a fair tendering proc edure.
S.L. 460. 32.(4) Where the conditions under sub-regulation (3) have been
implemented the designated competent authority in terms of the
Alternative Fuels Order shall perform, at regular intervals or at least
Verżjoni Elettronika
B 1813
every five (5) years, a public consultation in order to re-assess the
potential interest of other par ties in owning, developing, oper ating or
managing recharging points for el ectric vehicles. Where the pub lic
consultation indicates that other  parties are able to own, deve lop,
operate or manage such points, the  distribution system operators'
activities in this regard shall be phased-out, subject to the s uccessful
completion of the tendering procedure referred to in paragraph (a) of
sub-regulation (3). As part of the conditions of that procedure , the
Regulator may allow the distribut ion system operator to recover  t h e
residual value of its investment in recharging infrastructure.
Tasks of 
distribution 
system 
operators in data management.32. (1) The distribution system  operator which is assigned
the responsibility referred to under regulation 27 by the Minis ter shall
give all eligible parties non-discriminatory access to data under clear
and equal terms, in accordance with the relevant data protectio n rules.
(2) The distribution system operator when involved in the data
management in particular in rela tion to smart metering systems shall
not have privileged access to data for the conduct of its suppl y
activities which is not available to all eligible parties.
(3) Where smart metering systems have been deployed in
accordance with regulation 16 and where distribution system operatoris involved in data management, the compliance programmes refer red
to in point (d) of Article 35(2)  of the Directive shall include  specific
measures in order to exclude dis criminatory access to data from
eligible parties as provided for in regulation 20.
(4) Where distribution system ope rators are not subject to the
requirements of Article 35 of the Directive, ver tically integra ted
undertakings shall not have privileged access to data for the c onduct of
their supply activities.
Ownership of 
energy storage facilities by 
distribution 
system operators.33. (1) Distribution system operators shall not own, develop,
manage or operate energy storage facilities.
(2) By way of derogation from sub-regulation (1), distribution
system operators may own, devel op, manage or operate energy sto rage
facilities, where they are fully  integrated network components and the
Regulator has granted its approval, or where all of the followi ng
conditions are fulfilled:
(a) other parties, followi ng an open, transparent and non-
discriminatory tendering procedure that is subject to review an d
approval by the Regulator, have not been awarded a right to own ,
develop, manage or operate such facilities, or could not delive r
those services at a reasonable cost and in a timely manner;
Verżjoni Elettronika
B 1814
(b) such facilities are neces sary for the distribution
system operators to fulfil their obligations under these
regulations for the efficient, reliable and secure operation of  the
distribution system and the faci lities are not used to buy or s ell
electricity in the electricity markets; and
(c) the Regulator has assessed the necessity of such a
derogation and has carried out an assessment of the tendering
procedure, including the conditi ons of the tendering procedure,
and has granted its approval.
The Regulator may draw up guidelines or procurement clauses to
help distribution system operators ensure a fair tendering proc edure.
(3) The Regulator shall perform, at regular intervals or at least
every five (5) years, a public consultation on the existing ene rgy
storage facilities in order to  assess the potential availabilit y and
interest in investing in such facilities. Where the public cons ultation,
as assessed by the Regulator, indicates that third parties are able to
own, develop, operate or manage s uch facilities in a cost-effec tive
manner, the Regulator, shall ensure that the distribution systemoperators' activities in this r egard are phased out within eighteen (18)
months. As part of the conditions of that procedure, the Regula tor, may
allow the distribution system operators to receive reasonable
compensation, in particular to recover the residual value of th eir
investment in the ener gy storage facilities. 
(4) Sub-regulation (3 ) shall not apply to fully integrated
network components or for the usual depreciation period of new
battery storage facilities with a final investment decision unt il 4
th July
2019, provided that such battery storage facilities are:
(a) connected to the grid at the latest two (2) years
thereafter;
(b) integrated into the  distribution system;
(c) used only for the reactive instantaneous restoration of
network security in the case of network contingencies wheresuch restoration measure starts immediately and ends when
regular re-dispatch can solve the issue; and
(d) not used to buy or sell electricity in the electricity
markets, including balancing.
Verżjoni Elettronika
B 1815
Confidentiality 
obligation of 
distribution system 
operators.34. Without prejudice to regulation 44 or another legal
requirement to disclose information, the distribution system operator
shall preserve the confidential ity of commercially sensitive
information obtained in the cour se of carrying out its business, and
shall prevent information about its own activities which may becommercially advantageous from being disclosed in a discriminat ory
manner.
Closed 
distribution 
systems.35. (1) The Regulator may classify a system which
distributes electricity within a geographically confined indust rial,
commercial, residential or shared services site and does not, w ithout
prejudice to sub-regulation (3), s upply household customers, as  a
closed distribution system if:
 (a) for specific technical or  safety reasons, the operations
or the production process of t he users of that system are
integrated; or
 (b) that system distributes electricity primarily to the
owner or operator of the system or their relat ed undertakings.
(2) Closed distribution systems shall be considered to be
distribution systems for the purposes of these regulations. The
Regulator may exempt the operato r of a closed distribution syst em
from:
(a) the requirement under sub-regulations (5) and (7) of
regulation 28 to procure the energy it uses to cover energy los ses
and the non- frequency ancillar y services in its system in
accordance with transparent, non-discriminatory and market-based procedures;
(b) the requirement under Article 6(1) of the Directive
that tariffs, or the methodologies underlying their calculation , are
approved in accordance with regul ation 47(4) prior to their ent ry
into force;
(c) the requirements under regulation 30(1) to procure
flexibility services and under regulation 30(3) to develop the
operator's system on the basis of network development plans;
(d) the requirement under regulation 31(2) not to own,
develop, manage or operate recharging points for electricvehicles; and
(e) the requirement under regulation 33(1) not to own,
develop, manage or operate  energy storage facilities.
Verżjoni Elettronika
B 1816
(3) Where an exemption is gra nted under sub-regulation (2),
the applicable tariffs, or the  methodologies underlying their
calculation, shall be reviewed and approved in accordance with
regulation 47(1) upon request by a user of the closed distribut ion
system.
(4) Incidental use by a small number of households with
employment or similar associations with the owner of the distri bution
system and located within the area served by a closed distribut ion
system shall not preclude an e xemption under sub-regulation (2) being
granted.
Tasks of 
transmission 
system 
operators.36. (1) Each transmission system operator shall be
responsible for:
(a) ensuring the long-term ability of the system to meet
reasonable demands for the transmission of electricity, operating,
maintaining and developing under economic conditions secure,
reliable and efficient transmi ssion system with due regard to t he
environment, in close cooperation with neighbouring
transmission system operators and distribution system operators ;
(b) ensuring adequate means to meet its obligations;
(c) contributing to securit y of supply through adequate
transmission capacity and system reliability;
(d) managing electricity flows on the system, taking into
account exchanges with other int erconnected systems. To that
end, the transmission system ope rator shall be responsible for
ensuring a secure, reliable and efficient electricity system and, inthat context, for ensuring the availability of all necessaryancillary services, including those provided by demand response
and energy storage facilities, insofar as such availability is
independent from any other transmission systems with which its
system is interconnected;
(e) providing to the operator  of other systems with which
its system is interconnected suffi cient information to ensure t he
secure and efficient operation, coordinated development and
interoperability of the interconnected system;
(f) ensuring non-discrimination as between system users
or classes of system users, par ticularly in favour of its relat ed
undertakings;
(g) providing system users with the information they
need for efficient access to the system;
Verżjoni Elettronika
B 1817
(h) collecting congestion re nts and payments under the
inter-transmission system operator compensation mechanism, in
accordance with Article 49 of Regulation (EU) 2019/943,granting and managing third-party access and giving reasoned
explanations when it denies such access, which shall be
monitored by the regulatory aut horities; in carrying out their
tasks under this regulation, tran smission system operators shal l
primarily facilitate market integration;
(i) procuring ancillary services to ensure operational
security;
(j) adopting a framework for cooperation and
coordination between the regional coordination centres;
(k) participating in the estab lishment of the European and
national resource adequacy assessments pursuant to Chapter IVof Regulation (EU) 2019/943;
(l) the digitalisation of transmission systems;
(m) data management, includi ng the development of data
management systems, cybersecuri ty and data protection, subject
to the applicable rules, and without prejudice to the competenc e
of other authorities.
(2) In addition to the task in sub-regulation (1) the activity o f
electricity transmission shall include at least the following t asks:
(a) the representation of the transmission system operator
and contacts to third parties and the regulatory authorities;
(b) the representation of the transmission system operator
within the ENTSO for Electricity;
(c) granting and managing third-party access on a non-
discriminatory basis between sys tem users or classes of system
users;
(d) the collection of all the  transmission system related
charges including access charges, energy for losses and ancilla ry
services charges;
(e) the operation, maintenance and development of a
secure, efficient and econo mic transmission system;
(f) investment planning ensuri ng the long-term ability of
the system to meet reasonabl e demand and guara nteeing security
Verżjoni Elettronika
B 1818
of supply;
(g) the setting up of appropriate  joint ventures, including
with one or more transmission system operators, power
exchanges, and the other releva nt actors pursuing the objective s
to develop the creation of regi onal markets or to facilitate th e
liberalisation process; and
(h) all corporate services, including legal services,
accountancy and IT services.
(3) In performing the tasks referred to in sub-regulation (1),
transmission system operators  shall take into account the
recommendations issued by the reg ional coordination centres.
(4) In performing the task refer red to in paragraph (i) of sub-
regulation (1), transmission syst em operators shall procure bal ancing
services subject to the following:
(a) transparent, non-discriminatory and market-based
procedures;
(b) the participation of all qualified electricity
undertakings and market participants, including market
participants offering energy fr om renewable sources, market
participants engaged in demand response, operators of energy
storage facilities and market participants engaged in aggregati on.
For the purpose of paragraph (b ) of sub-regulation (4), the
Regulator and transmission system operators shall, in closecooperation with all market participants, establish technical
requirements for participation in those markets, on the basis o f the
technical characteristics of those markets.
(5) Sub-regulation (4) shall apply to the provision of non-
frequency ancillary services by transmission system operators, unless
the Regulator has assessed that the market-based provision of non-
frequency ancillary services i s economically not efficient and has
granted a derogation. In particular, the regulatory framework shallensure that transmission system operators are able to procure s uch
services from providers of demand response or energy storage and
shall promote the uptake of energy efficiency measures, where s uch
services cost-effectively alleviate the need to upgrade or repl ace
electricity capacity and support the efficient and secure operation ofthe transmission system.
(6) Transmission system operators, subject to approval by the
Verżjoni Elettronika
B 1819
Regulator, or the Regulator itsel f, shall, in a transparent and
participatory process that includes all relevant  system users a nd the
distribution system operators, establish the specifications for  the non-
frequency ancillary services p rocured and, where appropriate,
standardised market products for s uch services at least at nati onal
level. The specifications shall ensure the effective and non-
discriminatory participation of a ll market participants, includ ing
market participants offering energy from renewable sources, mar ket
participants engaged in demand response, operators of energy st orage
facilities and market partici pants engaged in aggregation.
Transmission system operators shall exchange all necessaryinformation and shall coordinate with distribution system opera tors in
order to ensure the optimal uti lisation of resources, to ensure  t h e
secure and efficient operation of the system and to facilitate market
development. Transmission system  operators shall be adequately
remunerated for the procurement of such services to allow them to
recover at least the reasonable corresponding costs, including the
necessary information and communication technology expenses and
infrastructure costs.
(7) The obligation to procure non-frequency ancillary services
referred to in sub-regulation (5) does not apply to fully integ rated
network components.
(8) The Minister may allow transmission system operators to
perform activities other than  those provided for under these
regulations and in Re gulation (EU) 2019/943 where such activiti es are
necessary for the transmission sy stem operators to fulfil their
obligations under these regulatio ns or Regulation (EU) 2019/943 ,
provided that the Regulator has  assessed the necessity of such a
derogation. This sub-regulation shall be without prejudice to t he right
of the transmission system operators to own, develop, manage oroperate networks other than electricity networks where the
transmission system operators has been granted such a right.
 (9) The Minister may assign one  or more of the responsibilities
of transmission system operators  as provided for in regulations  36, 38
and 40 to a distribution system operator. 
Confidentiality 
and 
transparency requirements for 
transmission 
system operators and 
transmission 
system owners.37. (1) Without prejudice to regulation 44 or another legal
duty to disclose information, ea ch transmission system operator a n d
each transmission system owner shall preserve the confidentiali ty of
commercially sensitive information obtained in the course of ca rrying
out its activities, and shall pr event information about its own  activities
which may be commercially advant ageous from being disclosed in a
discriminatory manner. In partic ular it shall not disclose any
commercially sensitive information to the remaining parts of th e
Verżjoni Elettronika
B 1820
undertaking, unless such disclosur e is necessary for carrying o ut a
business transaction. 
(2) Transmission system operators shall not, in the context of
sales or purchases of electrici ty by related undertakings, misu se
commercially sensitive informati on obtained from third parties in the
context of providing or negotia ting access to the system.
(3) Information necessary for effective competition and the
efficient functioning of the mar ket shall be made public. That
obligation shall be without prejudice to preserving the confide ntiality
of commercially sensitive information.
Decision-
making powers 
regarding the 
connection of new generating 
installations and 
energy storage facilities to the 
transmission 
system.38. (1) The transmission system operator shall establish and
publish transparent and efficient procedures for non-discrimina tory
connection of new generating in stallations and energy storage f acilities
to the transmission system. Those procedures shall be subject t o
approval by the Regulator. 
(2) The transmission system ope rator shall not be entitled to
refuse the connection of a new generating installation or energ y
storage facility on the grounds o f possible future limitations to
available network capacities, such as congestion in distant par ts of the
transmission system. The transmis sion system operator shall supply
necessary information:
Provided that this shall be without prejudice to the
possibility for transmission system operators to limit the guar anteed
connection capacity or to offer  connections subject to operatio nal
limitations, in order to ensure economic efficiency regarding n ew
generating installations or energy storage facilities, provided  that such
limitations have been approved by the Regulator. 
Provided further that, the Regulator shall ensure that any
limitations in guaranteed connection capacity or operational
limitations are introduced on th e basis of transparent and non-
discriminatory procedures and do not create undue barriers to m arket
entry. 
(3) Where the generating installa tion or energy storage facility
bears the costs related to ens uring unlimited connection, no li mitation
referred to in sub-regulation (2) shall apply.
(4) The transmission system operator shall not be entitled to
refuse a new connection point, on the ground that it would lead  t o
additional costs resulting from the necessary capacity increase  o f
system elements in the close- up range to the connection point.
Verżjoni Elettronika
B 1821
Ownership 
unbundling of 
transmission systems and 
transmission 
system operators.39. (1) (a) Each undertaking that  owns a transmission system
shall act as a transmission system operator. 
(b) The same person or persons shall not be entitled to either:
(i) directly or indirectly to exercise control over an
undertaking performing any of  the functions of generation
or supply, and directly or indirectly to exercise control or
exercise any right over a tran smission system operator or
over a transmission system; or
(ii) directly or indirectly to exercise control over a
transmission system operator or over a transmission
system, and directly or indi rectly to exercise control or
exercise any right over an undertaking performing any of
the functions of generation or supply;
(c) The same person or persons shall not be entitled to appoint
members of the supervisory board, the administrative board or b odies
legally representing the undertak ing, of a transmission system operator
or a transmission system, and di rectly or indirectly to exercis e control
or exercise any right over an u ndertaking performing any of the
functions of generation or supply; and
(d) The same person shall not be  entitled to be a member of the
supervisory board, the administ rative board or bodies legally
representing the undertaking, of both an undertaking performing  any
of the functions of generation or  supply and a transmission sys tem
operator or a transmission system.
(2) The rights referred to in ( b) and (c) of sub-regulation (1)
shall include, in particular:
(a) the power to exercise voting rights;
(b) the power to appoint members of the supervisory
board, the administrative board or bodies legally representing the
undertaking; or
(c) the holding of a majority share.
(3) For the purpose of sub-regulation 1(b), the notion
"undertaking performing any of t he functions of generation or supply"
shall include "undertaking perfor ming any of the functions of
production and supply" within t he meaning of Directive 2009/73/ EC,
and the terms "transmission system operator" and "transmission
system" shall include "transmission system operator" and"transmission system" within the meaning of that Directive.
Verżjoni Elettronika
B 1822
(4) The obligation set out in sub-regulation 1(a) shall be
deemed to be fulfilled in a situ ation where two or more underta kings
which own transmission systems hav e  c r e a t e d  a  j o i n t  v e n t u r e  w h i ch
acts as a transmission system operator in two or more Member St ates
for the transmission systems concerned.
No other undertaking may be part of the joint venture, unless i t
has been approved under Article 44  of the Directive as an indep endent
system operator or as an independent transmission operator for the
purposes of Section 3 o f the Directive.
(5) For the implementation of t his regulation, wh ere the person
referred to sub-regulation 1(b), (c) and (d) is a public body, two
separate public bodies exercisin g control over a transmission system
operator or over a transmission system on the one hand, and ove r an
undertaking performing any of the functions of generation or su pply
on the other, shall be deemed not to be the same person or pers ons.
(6) Undertakings performing any of the functions of generation
or supply shall not in any event be able to directly or indirec tly take
control over or exercise any right over unbundled transmission system
operators on whom paragraph 1 of Article 43 of the Directive is
applied.
(7) This regulation shall not  apply to transmission system
operators in Malta until such da te the derogation from Article 43 of the
Directive applies.
Network 
development and powers to 
make 
investment decisions.40. (1) At least every two (2) years, transmission system
operators shall submit to the Regulator a ten-year network
development plan based on existing and forecast supply and dema nd
after having consulted all the relevant stakeholders. That netw ork
development plan shall contain efficient measures in order to
guarantee the adequacy of the system and the security of supply. The
transmission system operator shall publish the ten-year network
development pla n on its website. 
(2) The ten-year network developm ent plan shall in particular:
(a) indicate to market particip ants the main transmission
infrastructure that needs to be built or upgraded over the nextten(10) years;
(b) contain all the investme nts already decided and
identify new investments which have to be executed in the nextthree (3) years; and
(c) provide for a time frame for all investment projects.
Verżjoni Elettronika
B 1823
(3) When elaborating the ten-y ear network development plan,
the transmission system operator shall fully take into account the
potential for the use of demand response, energy storage facili ties or
other resources as alternatives to system expansion, as well as
expected consumption, trade with  other countries and investment  plans
for Union-wide and r egional networks.
(4) The Regulator shall consult all actual or potential system
users on the ten-year network development plan in an open and
transparent manner. Persons or undertakings claiming to be pote ntial
system users may be required to substantiate such claims. TheRegulator shall publish the result of the consultation process,  i n
particular possible needs for investments. 
(5) (a) The Regulator shall examine whether the ten-year
network development plan covers a ll investment needs identified
during the consultation process, and whether it is consistent w ith the
non-binding Union-wide ten-year network development plan ("Unio n-
wide network development plan") referred to in point (b) of Art icle
30(1) of Regulation (EU) 2019/ 943. If any doubt arises as to th e
consistency with the Union-wide network development plan, theRegulator shall consult ACER. The Regulator may require thetransmission system operator to amend its ten-year network
development plan. 
(b) The competent authority responsible for the national energy
and climate plan submitted in accordance with Regulation (EU) 2018/1999 shall examine the consistency of the ten-year network
development plan with the national energy and climate plan.
(6) The Regulator shall monitor and evaluate the
implementation of the ten-year network development plan. 
(7) In circumstances where the transmission system operator,
other than for overriding reasons beyond its control, does not execute
an investment, which, under the ten-year network development pl an,
was to be executed in the followi ng three (3) years, the Regula tor shall
take at least one of the followi ng measures to ensure that the
investment in question is made if  such investment is still rele vant on
the basis of the most recent ten -year network development plan:
(a) to require the transmission system operator to execute
the investments in question;
(b) to organise a tender procedure, open to any investors
for the investment in question; or
Verżjoni Elettronika
B 1824
(c) to oblige the transmission system operator to accept a
capital increase to finance the necessary investments and allow
independent investors to part icipate in the capital.
(8) Where the Regulator has made use of its powers under
paragraph (b) of sub-regulation (7), it may oblige the transmission
system operator to agree to one or more of the following:
(a) financing by any third party;
(b) construction by any third party;
(c) building the new assets concerned itself;
(d) operating the new asset concerned itself.
The transmission system operator shall provide the investors wi th
all information needed to realis e the investment, shall connect  n e w
assets to the transmission netwo rk and shall generally make its  b e s t
efforts to facilitate the implem entation of the investment proj ect. The
relevant financial arrangements shall be subject to approval by  t h e
Regulator.
(9) Where the Regulator has mad e use of its powers under sub-
regulation (7), the relevant tari ff regulations shall cover the  costs of the
investments in question.
Designation and 
certification of 
transmission 
system operators.41. (1) Each transmission system operator shall prior to
commencing any transmission syst em operations, make an applicat ion
to the Regulator for certification in accordance with the proce dure laid
down in sub-regulations (4), (5), (6) and in Article 51 of Regu lation
(EU) 2019/943.
(2) The certification of a tra nsmission system operator as
having complied with the require ments of regulation 39 pursuant  to the
certification procedure in this regulation shall be deemed to b e a
designation. Designation of tra nsmission operators shall be not ified by
the Regulator to the European Commission in writing.
(3) Transmission system operato rs shall notify the Regulator of
any planned transaction which may require a reassessment of the ir
compliance with applicable requirements of regulation 39.
(4) The Regulator shall monitor the continuing compliance of
transmission system operators wit h the requirements of regulati on 39.
They shall open a certification proc edure to ensure such compli ance:
(a) upon notification by the transmission system operator
Verżjoni Elettronika
B 1825
pursuant to sub-regulation (3);
(b) on their own initiative where they have knowledge
that a planned change in rights or influence over transmission
system owners or transmission sy stem operators may lead to an
infringement of regulation 39, or where they have reason tobelieve that such an infringement may have occurred; or
(c) upon a reasoned request from the Commission.
(5) The Regulator shall adopt a decision on the certification of
a transmission system operator wi thin four (4) months of the da te of
the notification by the transmis sion system operator or from th e date of
the Commission request. After expiry of that period, the certif ication
shall be deemed to be granted. The explicit or tacit decision o f the
regulatory authority shall beco me effective only after conclusi on of the
procedure set out in sub-regulation (6).
(6) The explicit or tacit decision on the certification of a
transmission system operator shall be notified without delay to  t h e
Commission by the regulatory authority, together with all the r elevant
information with respect to that  decision. The Commission shall  act in
accordance with the procedure laid  down in Article 51 of Regulation
(EU) 2019/943.
(7) The Regulator and the Commission may request from
transmission system operators and undertakings performing any o f the
functions of generation or supply any information relevant for the
fulfilment of their tas ks under this regulation.
(8) The Regulator and the Commission shall preserve the
confidentiality of commercia lly sensitive information.
Certification in 
relation to third countries.42. (1) (a) Where certification is requested by a transmission
system owner or a transmission sy stem operator which is control led by
a person or persons from a third country or third countries, th e
Regulator shall notify the Commission.
(b) The Regulatory shall also  notify to the Commission
without delay any circumstances that would result in a person o r
persons from a third country or third countries acquiring contr ol of a
transmission system or a tra nsmission system operator.
(2) The transmission system operator shall notify to the
regulatory authority any circumstances tha t would result in a p erson or
persons from a third country or third coun tries acquiring control of the
transmission system or the transmission system operator.
Verżjoni Elettronika
B 1826
(3) The Regulatory shall adopt a draft decision on the
certification of a transmission system operator within four (4)  months
of the date of notification by th e transmission system operator . It shall
refuse the certification if it has not been demonstrated:
(a) that the entity concerned complies with the
requirements of regulation 39; and
(b) that granting certificati on will not put at risk the
security of energy supply in Malta and the Union. 
In considering the security of supply issue the Regulator shall
take into account:
(i) the rights and obligations of the Union with
respect to that third country arising under international law,
including any agreement concluded with one or more third
countries to which the Union is a party and which addressesthe issues of security of energy supply;
(ii) the rights and obligations of Malta with respect
to that third country arising under agreements concluded
with it, insofar as they comply with Union law; and
(iii) other specific facts and circumstances of the
case and the third country concerned.
(4) The Regulator sha ll notify the decision to the Commission
without delay, together with all the relevant information with respect
to that decision.
(5) The Regulator shall, before it adopts a decision on the
certification under this regulat ion, request an opinion from th e
Commission on whether:
(a) the entity concerned comp lies with the requirements
of regulation 39; and
(b) granting certification will  not put at risk the security
of energy supply to the Union.
(6) (a) The Regulator shall, w ithin two (2) months of
receiving an opinion of the European Commission with respect to  its
draft decision on the certificati on pursuant to this regulation  or if the
European Commission has not provided an opinion, within two (2)months from the expiry of the time frame for an opinion, adopt its final
decision on the certification. In adopting its final decision, the
Regulator shall take utmost account of the Commission’s opinion  (if
Verżjoni Elettronika
B 1827
provided). The Regulator shall have the right to refuse certifi cation
where granting certification put s at risk Malta’s security of e nergy
supply or the security of energy supply of another Member State. 
(b) The Regulator’s final decision and the Commission’s
opinion shall be published together. Where the final decision d iverges
from the Commission’s opinion, th e Regulator shall provide and
publish, together with that decision, the reasoning underlying such
decision.
(7) Nothing in this regulation shall affect the right of the
Regulator or the Minister to exercise, in accordance with Union  law ,
national legal controls to protect legitimate public security i nterests.
Ownership of 
energy storage facilities by 
transmission 
system operators43. (1) Transmission system operators shall not own,
develop, manage or operate energy storage facilities.
(2) By way of derogation from sub- regulation (1), transmission
system operators may own, devel op, manage or operate energy sto rage
facilities, where they are fully  integrated network components and the
Regulator has granted its approval, or where all of the followi ng
conditions are fulfilled:
(a) other parties, followi ng an open, transparent and non-
discriminatory tendering procedure that is subject to review an d
approval by the Regulator, have not been awarded a right to own ,
develop, manage or operate such facilities, or could not delive r
those services at a reasonable cost and in a timely manner;
(b) such facilities or non-fre quency ancillary services are
necessary for the transmission sy stem operators to fulfil their
obligations under these regulati ons for the efficient, reliable  and
secure operation of the trans mission system and they are not
used to buy or sell electricity in the electricity markets; and
(c) the Regulator has assessed the necessity of such a
derogation, has carried out an ex ante review of the applicabil ity
of a tendering procedure, inc luding the conditions of the
tendering procedure, and has granted its approval.
The Regulator may draw up guidelines or procurem ent clauses to
help transmission system operato rs ensure a fair tendering proc edure.
(3) The decision to grant a derogation shall be notified to the
Commission and ACER together with relevant information about th e
request and the reasons for granting the derogation.
(4) The Regulator shall perform, at regular intervals or at leas t
Verżjoni Elettronika
B 1828
every five (5) years, a public consultation on the existing ene rgy
storage facilities in order to  assess the potential availabilit y and
interest of other parties in inve sting in such facilities. Wher e the public
consultation, as assessed by the Regulator, indicates that othe r parties
are able to own, develop, operate or manage such facilities in a cost-
effective manner, the Regulator  shall ensure that transmission system
operators’ activities in this re gard are phased-out within eighteen (18)
months. As part of t he conditions of that p rocedure, the Regula tor may
allow the transmission system operators to receive reasonable
compensation, in particular to recover the residual value of th eir
investment in the ener gy storage facilities.
(5) Sub-regulation (4 ) shall not apply to fully integrated
network components or for the usual depreciation period of new
battery storage facilities with  a final investment decision until 2024,
provided that such battery storage facilities are:
(a) connected to the grid at the latest two (2) years
thereafter;
(b) integrated into the transmission system; 
(c) used only for the reactive instantaneous restoration of
network security in the case of network contingencies where
such restoration measure starts immediately and ends when
regular re-dispatch can solve the issue; and
(d) not used to buy or sell electricity in the electricity
markets, including balancing.
Right of access 
to accounts.44. (1) The Regulator shall, insofar as necessary to carry out
its functions, have right of access to the accounts of electricity
undertakings as set out in regulation 45.
(2) The Regulator shall prese rve the confidentiality of
commercially sensitive information. The Regulator may disclose such
information where this is necessary in order for the Regulator to carry
out its functions.
Unbundling of 
accounts.45. (1) The Regulator shall take the necessary steps to ensure
that the accounts of electricity undertakings are kept in accor dance
with sub-regulations (2) and (3).
(2) Electricity undertakings , whatever their system of
ownership or legal form, shall draw up, submit to audit and publish
their annual accounts in accordance with the rules of the Compa nies
Act or other applicable legislation concerning the annual accou nts of
limited liability companies.
Verżjoni Elettronika
B 1829
Undertakings which are not legally obliged to publish their
annual accounts shall keep a copy of these at the disposal of the public
in their head office.
(3) Electricity undertakings shall, in their internal accounting ,
keep separate accounts for each o f their generation, transmissi on,
distribution and supply  activities as they would be required to  do if the
activities in question were carried out by se parate undertaking s, with a
view to avoiding discrimination, cross-subsidisation and distortion of
competition. They shall also keep accounts, which may be
consolidated, for other electrici ty activities not relating to transmission
or distribution. Revenue from ow nership of the transmission or
distribution system shall be specified in the accounts. Whereappropriate, they shall keep cons olidated accounts for other, n on-
electricity activities. The internal accounts shall include a b alance
sheet and a profit and loss account for each activity and notes  to the
separate internal accounts as detailed in sub-regulation (6).
(4) The audit referred to in sub-regulation (2) shall, in
particular, verify that the obligation to avoid discrimination and cross-
subsidisation referred to in sub-regulation (3) is respected.
(5) The annual accounts shall indicate in the notes any
transaction of a certain size conducted with related undertakin gs. 
(6) (a) Electricity undertakings shall specify in the notes to
the separate accounts referred to in sub-regulation (3) the rules for the
allocation of assets and liabili ties and expenditure and income  which
they follow in drawing up the se parate accounts required in sub -
regulation (3). Such rules shal l be used only after the approva l of the
Regulator; 
(b) The rules referred to in pa ragraph (a) may be amended only
with the approval of the Regulator and such amendments shall bementioned in the notes and shall be duly substantiated;
(c) The electricity undertakings  shall indicate in the notes to
the separate accounts the details of any transaction of a certa in size
(being of a size which, in the opinion of the Regulator, would have a
commercial impact) conducted with any:
(i) related undertaking;
Cap. 386. (ii) associated undertakings within the meaning
assigned by the Companies Act.
General 
objectives of the Regulator.46. In carrying out the regulatory tasks specified in these
regulations, the Regulator shall take all r easonable measures i n pursuit
Verżjoni Elettronika
B 1830
of the following objectives within the framework of its duties and
powers as laid down in regulation 47 in close consultation with  other
relevant national authorities,  including competition authoritie s, as well
as authorities, including regulatory authorities, from neighbou ring
Member States and neighbouring third countries, as appropriate, and
without prejudice t o their competence:
(a) promoting, in close cooperation with regulatory
authorities of other Member States, the Commission and ACER,a competitive, flexible, secure and environmenta lly sustainable
internal market for electricity within the Union, and effective
market opening for all customers  and suppliers in the Union, an d
ensuring appropriate conditions for the effective and reliable
operation of electricity networks, taking into account long-ter m
objectives;
(b) developing competitive and properly functioning
regional cross-border markets within the Union with a view to
achieving the objectives ref erred to in paragraph (a);
(c) eliminating restrictions on trade in electricity
between Member States, including developing appropriate cross-border transmission capacities to meet demand and enhancingthe integration of national markets which may facilitate
electricity flows across the Union;
(d) helping to achieve, in the most cost-effective way, the
development of secure, reliable and efficient non-discriminator y
systems that are consumer-oriented, and promoting systemadequacy and, in accordance with general energy policy
objectives, energy efficiency, as well as the integration of la rge
and small-scale produc tion of electricity f rom renewable source s
and distributed generation in both transmission and distributio n
networks, and facilitating thei r operation in relation to other
energy networks of gas or heat;
(e) facilitating access to the network for new generation
capacity and energy storage facilities, in particular removing
barriers that could prevent acces s for new market entrants and of
electricity from re newable sources;
(f) ensuring that system operators and system users are
granted appropriate incentives, in both the short and the long
term, to increase efficiencies, especially energy efficiency, i n
system performance and to foster market integration;
(g) ensuring that customers b enefit through the efficient
Verżjoni Elettronika
B 1831
functioning of their national market, promoting effective
competition and helping to ensure a high level of consumer
protection, in close cooperation with relevant consumerprotection authorities;
(h) helping to achieve high standards of universal service
and of public service in electric ity supply, contributing to th e
protection of vulnerable cust omers and contributing to the
compatibility of necessary data exchange processes for customerswitching.
Duties and 
powers of the 
Regulator.47. (1) The Regulator shall have the following duties:
(a) fixing or approving, in accordance with transparent
criteria, transmission or dis tribution tariffs or their
methodologies, or both;
(b) ensuring the compliance of transmission system
operators and distribution syst em operators and, where relevant ,
s y s t e m  o w n e r s ,  a s  w e l l  a s  t h e  c o m p l i a n c e  o f  a n y  e l e c t r i c i t y
undertakings and other market participants, with theirobligations under these regula tions, Regulation (EU) 2019/943,
the network codes and the guidelines adopted pursuant toArticles 59, 60 and 61 of Regulation (EU) 2019/943, and otherrelevant Union law, including as regards cross-border issues, a s
well as with ACER’s decisions; 
(c) in close coordination with the other regulatory
authorities, ensuring the compliance of the ENTSO for
Electricity and the EU DSO entity with their obligations under
these regulations, Regulation (EU) 2019/943, the network codesand guidelines adopted pursuant to Articles 59, 60 and 61 of
Regulation (EU) 2019/943, and other relevant Union law,
including as regards cross-border issues, as well as with ACER’ s
decisions, and jointly identifying non-compliance of the ENTSO
f o r  E l e c t r i c i t y  a n d  t h e  E U  D S O  e n t i t y  w i t h  t h e i r  r e s p e c t i v eobligations; where the regulatory authorities have not been abl e
to reach an agreement within a period of four (4) months afterthe start of consultations for the purpose of jointly identifyingnon-compliance, the matter shall be referred to the ACER for a
decision, pursuant to Article 6 (10) of Regulation (EU) 2019/942 ;
(d) approving products and procurement process for non-
frequency ancillary services;
(e) implementing the netw ork codes and guidelines
adopted pursuant to Articles 59, 60 and 61 of Regulation (EU)
Verżjoni Elettronika
B 1832
2019/943 through national measures or, where so required,
coordinated regional or  Union-wide measures;
(f) cooperating in regard to c ross-border issues with the
regulatory authority or authorities of the Member Statesconcerned and with ACER, in particular through participation in
the work of ACER’s Board of Re gulators pursuant to Article 21
of Regulation (EU) 2019/942;
(g) complying with, and implementing, any relevant
legally binding decisions of the Commission and of ACER;
(h) ensuring that transmissi on system operators make
available interconnector capacities to the utmost extent pursua nt
to Article 16 of Re gulation (EU) 2019/943;
(i) reporting annually on its ac tivity and the fulfilment of
its duties to the relevant national authorities, the Commissionand ACER, including on the steps taken and the results obtained
as regards each of the tasks listed in this regulation;
(j) ensuring that there is no cross-subsidisation between
transmission, distribution and supply activities or otherelectricity or non-elec tricity activities;
(k) monitoring investment plans of the transmission
system operators and providing in its annual report anassessment of the investment plans of the transmission system
operators as regards their consistency with the Union-widenetwork development plan; such assessment may include
recommendations to amend those investment plans;
(l) monitoring and assessing the performance of
transmission system operators and distribution system operators
i n  r e l a t i o n  t o  t h e  d e v e l o p m e n t  o f  a  s m a r t  g r i d  t h a t  p r o m o t e s
energy efficiency and the integration of energy from renewablesources, based on a limited set of indicators, and publish a
national report every two years, including recommendations;
(m) setting or approving standa rds and requirements for
quality of service and quality of supply or contributing theret o
together with other competent  authorities and monitoring
compliance with and reviewing the past performance of network
security and reliability rules;
(n) monitoring the level of transparency, including of
wholesale prices, and ensuring compliance of electricity
Verżjoni Elettronika
B 1833
undertakings with transparency obligations;
(o) monitoring the level and effectiveness of market
opening and competition at wholesale and retail levels, including
on electricity exchanges, prices for household customers
including prepayment systems, th e impact of dynamic electricity
price contracts and of the use of smart metering systems,
switching rates, disconnection rates, charges for maintenance
services, the execution of maintenance services, the relationsh ip
between household and wholesale prices, the evolution of grid
tariffs and levies, and compla ints by household customers, as
well as any distortion or restr iction of competition, including  by
providing any relevant informa tion, and bringing any relevant
cases to the relevant competition authorities;
(p) monitoring the occurrence of restrictive contractual
practices, including exclusivit y clauses which may prevent
customers from contracting simultaneously with more than onesupplier or restrict their choice to do so, and, where appropri ate,
informing the national competi tion authorities of such practice s;
(q) monitoring the time taken by transmission system
operators and distribution system operators to make connectionsand repairs;
(r) helping to ensure, together with other relevant
authorities, that the consumer protection measures are effectiv e
and enforced;
(s) publishing recommendations, at least annually, in
relation to compliance of supply prices with regulation 4, andproviding those recommendations t o the competition authorities,
where appropriate;
(t) ensuring non-discriminatory access to customer
consumption data, the provision, for optional use, of an easily
understandable harmonised format at national level forconsumption data, and prompt ac cess for all customers to such
data pursuant to regulation 20 and 21 of these regulations;
(u) monitoring the implementation of rules relating to the
roles and responsibilities of tr ansmission system operators,
distribution system operators, suppliers, customers and other
market participants pursuant to Regulation (EU) 2019/943;
(v) monitoring investment in generation and storage
capacities in relation to security of supply;
Verżjoni Elettronika
B 1834
(w) monitoring technical cooperation between Union and
third-country transmission system operators;
(x) contributing to the com patibility of data exchange
processes for the most important  market processes at regional
level;
(y) monitoring the availability of comparison tools that
meet the requirements set out in regulation 11;
(z) monitoring the removal of unjustified obstacles to
and restrictions on the development of consumption of self-
generated electricity and cit izen energy communities.
(2) While preserving its independence, without prejudice to the
Regulator’s specific competence a nd consistent with the princip les of
better regulation, the Regulator shall, as appropriate, consult
transmission system operators and distribution system operators , as
appropriate, closely cooperate wit h other relevant national aut horities
when carrying out the duties set out in sub-regulation (1).
Any approvals given by the Regulator under these regulations ar e
without prejudice to any duly ju stified future use of its power s by the
Regulator under these regulations  or to any penalties imposed b y other
relevant authorities  or the Commission.
(3) For the purpose of carrying out the duties under these
regulations in an efficient and expeditious manner, the Regulat or shall
have the following powers:
(a) to issue binding decisions on electricity undertakings;
(b) to require any information from electricity
undertakings relevant for the fulfilment of its tasks, includin g the
justification for any refusal to grant third-party access, and any
information on measures necessary to reinforce the network;
(c) appropriate rights of investigation and relevant
powers of instruction for dispute settleme nt under sub-regulati on
(2) and (3) of regulation 48.
(4) The Regulator, except where  ACER is competent to fix and
approve the terms and conditions or methodologies for the
implementation of network codes and guidelines under Chapter VI I of
Regulation (EU) 2019/943 pursuant t o Article 5(2) of Regulation  (EU)
2019/942 because of their coordinated nature, shall be responsi ble for
fixing or approving sufficiently in advance of their entry into  force at
least the national methodologies u sed to calculate or establish  t h e
Verżjoni Elettronika
B 1835
terms and conditions for: 
(a) connection and access to n ational networks, including
transmission and distribution tariffs or their methodologies,
those tariffs or methodologies  shall allow the necessary
investments in the networks to be carried out in a mannerallowing those investments to ensure the viability of thenetworks;
(b) the provision of ancillary services which shall be
performed in the most economic manner possible and provide
appropriate incentives for netw ork users to balance their input
and off-takes, such ancillary se rvices shall be provided in a f air
and non-discriminatory manne r and be based on objective
criteria; and
(c) access to cross-border infrastructures, including the
procedures for the allocation of capacity and congestionmanagement.
(5) The methodologies or the terms and conditions referred to
in sub-regulation (4) shall be published.
(6) With a view to increasing transparency in the market and
providing all interested parties w i t h  a l l  n e c e s s a r y  i n f o r m a t i o n  a n d
decisions or proposals for decisions concerning transmission an d
distribution tariffs as referred in regulation 48(3), the Regul ator shall
make publicly available the det ailed methodology and underlying
costs used for the calculation of  the relevant network tariffs,  w h i l e
preserving the confidentiality of commercially sensitive information.
(7) The Regulator shall monitor congestion management of
national electricity systems including interconnectors, and theimplementation of congestion ma nagement rules. To that end,
transmission system operators or market operators shall submit their
congestion management rules, in cluding capacity allocation, to the
Regulator. The Regulator may re quest amendments to those rules.  
Decisions and 
complaints.48. (1) The Regulator may require transmission system
operators and distribution system  operators, if necessary, to m odify the
terms and conditions, including tariffs or methodologies referr ed to
regulation 47 of these regulations , to ensure that they are pro portionate
and applied in a non-discrimina tory manner, in accordance with
Article 18 of Regulation (EU) 2019/943. In the event of delay i n the
fixing of transmission and distribution tariffs, the Regulator shall have
the power to fix or approve provisional transmission and distri bution
tariffs or methodologies and to decide on the appropriate
Verżjoni Elettronika
B 1836
compensatory measures if the fin al transmission and distributio n
tariffs or methodologies deviate from those provisional tariffs  o r
methodologies.
(2) Any party having a complain t against a transmission or
distribution system operator in relation to that operator's obligations
under these regulations may refer the complaint to the Regulato r
which, acting as dispute settleme nt authority, shall issue a de cision
within two (2) months of receipt  of the complaint. That period may be
extended by two (2) months where  additional information is soug ht by
the Regulator. That extended period may be further extended wit h the
agreement of the complainant. Th e Regulator's decision shall have
binding effect unless and until overruled on appeal. 
(3) Any party who is affected and who has a right to complain
concerning a decision on methodologies taken pursuant to regula tion
47 or, where the Regulator has a duty to consult, concerning th e
proposed tariffs or methodologies, may, within two (2) months, after
publication of the decision or pr oposal for a decision, submit a
complaint for review. Such a complaint shall not have suspensiv e
effect.
 (4) The Regulator shall take the appropriate measures
including administrative action or criminal proceedings in conf ormity
with the law, against the natural or legal persons responsible where
confidentiality rules imposed by these regulations have not bee n
respected.
(5) Complaints referred to in s ub-regulations (2) and (3) shall
be without prejudice to the exercise of rights of appeal under Union or
national law.
(6) Decisions taken by the Regul ator shall be fully reasoned
and justified to allow for judicial review. The decisions shall  b e
available to the public while preserving the confidentiality of
commercially sensitive information.
Regional 
cooperation between the 
Regulator and 
regulatory authorities on 
cross-border 
issues.49. (1) The Regulator shall closely consult and cooperate
with other regulatory authoritie s, in particular within ACER, a nd shall
provide each other and ACER with any information necessary for the
fulfilment of their tasks under the Directive. With respect to the
information exchanged, the Regulator shall ensure the same leve l of
confidentiality as that required of the originating authority.
(2) The Regulator shall cooperate at least at  a regional level t o:
(a) foster the creation of operational arrangements in
order to enable an optimal management of the network, promote
Verżjoni Elettronika
B 1837
joint electricity exchanges and the allocation of cross-border
capacity, and to enable an adequate level of interconnection
capacity, including through new interconnection, within theregion and between regions to allow for development of effectiv e
competition and improvement of security of supply, withoutdiscriminating between suppliers  in different Member States;
(b) coordinate the joint overs ight of entities performing
functions at regional level;
(c) coordinate, in cooperation with other involved
authorities, the joint oversight of national, regional and Euro pean
resource adequacy assessments;
(d) coordinate the development of all network codes and
guidelines for the relevant tr ansmission system operators and
other market actors; and
(e) coordinate the development of the rules governing the
management of congestion.
(3) The Regulator shall have the right to enter into cooperative
arrangements with other regulators to foster regulatory cooperation.
(4) The actions referred to in sub-regulation (2) shall be carri ed
out, as appropriate, in close consultation with other relevant national
authorities and without prejudice to their s pecific competence.
Duties and 
powers of the 
Regulator with respect to 
regional 
coordination centres.50. (1) The Regulator, when forming part of system
operation region in which a regi onal coordination centre is est ablished
shall, in close coordination with other regional regulatory aut horities:
(a) approve the proposal for the  establishment of regional
coordination centres in accor dance with Article 35(1) of
Regulation (EU) 2019/943;
(b) approve the costs related to the activities of the
regional coordination centres, which are to be borne by the
transmission system operators and to be taken into account in t he
calculation of tariffs, provided that they are reasonable and
appropriate;
(c) approve the cooperative  decision-making process;
(d) ensure that the regional coordination centres are
equipped with all the necessary  human, technical, physical and
financial resources for fulfilling their obligations under theDirective and carrying out their tasks independently and
Verżjoni Elettronika
B 1838
impartially;
(e) propose jointly with other regulatory authorities of a
system operation region possible additional tasks and additional
powers to be assigned to the regional coordination centres by the
Member States of the system operation region;
(f) ensure compliance with the obligations under these
regulations and other relevant Union law, i n particular as rega rds
cross-border issues, and jointly identify non-compliance of the
regional coordination centres wi th their respective obligations ;
where the regulatory authorities  have not been able to reach an
agreement within a period of four (4) months after the start ofconsultations for the purpose of jointly identifying non-
compliance, the matter shall be referred to ACER for a decision ,
pursuant to Article 6(10) of Regulation (EU) 2019/942;
(g) monitor the performance of system coordination and
report annually to ACER in this respect in accordance with
Article 46 of Regul ation (EU) 2019/943.
(2) For the purpose of carrying out the duties referred to in sub-
regulation (1) in an efficient a nd expeditious manner, the Regu lator
shall have the following powers:
(a) to request information from  the regional coordination
centres;
(b) to carry out inspections, including unannounced
inspections, at the premises of the regional coordination centr es;
(c) to issue joint binding decisions on the regional
coordination centres. 
(3) The Regulator, when a regi onal coordination centre has its
seat in Malta, may impose an administrative fine on the regionalcoordination centre where it does not comply with its obligationsunder these regulations, Regulat ion (EU) 2019/943 or any releva nt
legally binding decisions of the Regulator or of ACER.
Compliance 
with the network codes 
and guidelines.51. (1) The Regulator may request the opinion of ACER on
the compliance of a decision taken by a regulatory authority wi th the
network codes a nd guidelines referred to in the Directive or in  Chapter
VII of Regulation (EU) 2019/943.
(2) The Regulator may infor m the Commission where it
considers that a decision releva nt for cross-border trade taken  b y
another regulatory authority doe s not comply with the network c odes
Verżjoni Elettronika
B 1839
and guidelines referred to in th ese regulations or in Chapter V II of
Regulation (EU) 2019/943 within two (2) months of the date of t hat
decision.
The Regulator shall comply w ith the Commission decision
requiring it to withdraw its decision within two (2) months and  shall
inform the Commission accordingly.
Record keeping. 52. (1) Suppliers shall keep at the disposal of the national
authorities including the Regulator, the national competition authority
and the Commission, for the fulfilment of their tasks, for at l east five
(5) years, the relevant data relating to all transactions in el ectricity
supply contracts and el ectricity derivatives with wholesale customers
and transmission system operators.
(2) The data shall include details on the characteristics of the
relevant transactions such as duration, delivery and settlement rules,
the quantity, the dates and time s of execution and the transaction prices
and means of identifying the w holesale customer concerned, as w ell as
specified details of all unsettl ed electricity supply contracts  a n d
electricity derivatives.
(3) The Regulator may decide to make available to market
participants elements of that information:
 Provided that commercially  sensitive information on
individual market players or indi vidual transactions shall not be
released:
 Provided further that this sub-regulation shall not apply to
information about financial instruments falling within the scop e of
Directive 2014/65/EU.
(4) This regulation shall not create additional obligations
towards the authorities referred to in sub-regulation (1) for entities
falling within the scope of Directive 2014/65/EU.
(5) In the event that the authorities referred to in sub-regulat ion
(1) need access to data kept by entities falling within the sco pe of
Directive 2014/65/EU, the authorities responsible under that Directive
shall provide them with the required data.
Former 
licensing.
L.N. 511 of 
2004.
S.L. 545. 13.53. Any person who prior to the entry into force of these
regulations was licensed under, a nd any licence issued under th e
Electricity Regulations , 2004 and the Electricity Market Regula tions,
shall be deemed to have been licensed or to have been issued un der
these regulations, and the provi sions of these regulations shal l mutatis
mutandis  apply to that person and licence:
Verżjoni Elettronika
B 1840
 Provided that such person may continue to perform such
operations or activities as licensed under existing licence con ditions,
unless required by the Regulator to apply for a new licence und er these
regulations: 
Provided further that any su ch person shall comply with
such licence conditions as estab lished in the new licence that maybe
issued by the Regulator with effect from such date that the Reg ulator
may establish.
Licensing 
requirement. 54. (1) The following operations and activities shall require a
licence issued by the Regulator a nd in accordance with such ter ms and
conditions as may be spe cified in the licence:
(a) generation of electricity;
(b) supply of electricity;
(c) carrying out of any of the  functions of a distribution
system operator;
(d) carrying out the any of the functions of a transmission
system operator:
Provided that, in view of the derogations from the
application of Articles 4 and 6 of the Directive granted to Mal ta
pursuant to Article 66 of the Directive and until such time as the
aforesaid derogations remain in force, the licence for the supp ly of
electricity shall be issued only to the distribution system ope rator,
designated in accordance with regulation 27.
(2) A licence shall not be require d for the categories specified
in the Third Schedule for the carrying out of the operations or
activities mentioned therein, including energy storage faciliti es.
(3) Without prejudice to any other law, licences may be granted
or refused on the basis of  the following criteria:
(a) compliance by the applicant with all other relevant
permits and authorisations, however so described, includingthose issued by any other public authority or GovernmentDepartment;
(b) the capability of the applicant to ensure safety
conditions, in the context of the licence being applied for;
(c) private and professional integrity of the applicant;
Verżjoni Elettronika
B 1841
(d) protection of the health and safety of employees;
(e) protection of the environment;
(f) record of compliance with these regulations and any
other relevant laws by the pers on or entity with regard to whom
the decision shall be made;
(g) compliance with safety, health, security, hazardous
substances, environment, land use and planning requirements.
(4) An application for a new li cence or for its renewal under
these regulations shall be:
(a) in writing and in such form and shall contain such
information as the Re gulator may require;
(b) accompanied by such fees, bank guarantees and
insurance policies as the Regul ator may determine and deem to
be appropriate. All fees shall be payable on application and an y
bank guarantees and, or insurance policies shall be effective as
from the date of the issue of the licence and shall subsist
throughout its duration. Interests and penalties, as established bythe Regulator, shall be payable in the event of default in the due
payment of fees:
Provided that a licence gra nted under these regulations
shall not relieve the licensee from the requirement of any othe r licence,
permit or other authorisation, or  from an obligation arising fr om any
other law.
(5) A licence granted under thes e regulations may include such
conditions as appear to the Regul ator to be requisite or expedi ent,
having regard to the duties of the Regulator.
(6) The Regulator shall communicate to the applicant in
writing within a reasonable time, which shall not be of more th an six
(6) months from the date of re ceipt of a valid application, any decision
taken concerning an application for a licence or an application  for the
renewal of a licence or any vali d reason impeding the Regulator  t o
reach such a decision. 
Suspension, 
revocation or 
cancellation of licence. 55. The Regulator may, at any time in the course of the period
for which a licence is valid, order its suspension, revocation or
cancellation where the Regul ator is satisfied that:
(a) the holder of the licence has failed or is failing to
comply with any condition of the licence or with these
Verżjoni Elettronika
B 1842
regulations; or
(b) the licensee does not possess all other relevant
licences, permits and authorisations however so described that
are required by any other publ ic authority or Government
department; or
(c) the holder of the licence is contravening any
requirement imposed by law; or
(d) the holder of the licence fails to comply with any
directive given by the Regulator; or
(e) any information submitted in the application for a
licence or the application for renewal of a licence and for whi ch
the licence has been issued or renewed, as the case may be, is
determined to be false; or
(f) if the holder of the licen ce does not meet any criteria
in respect to one or more of the criteria referred to in regula tion
53(3):
Provided that in exercising the powers for suspension,
revocation or cancellation of lic ences, the Regulator may take into
account the nature of t he failure, or the fact that the holder of the
licence is taking the appropriate steps which the Regulator con siders to
be necessary in order to comply with the conditions of the lice nce,
these regulations or any other re quirement that the Regulator m ay
deem relevant.
Termination of 
licence.56. (1) When the holder of a licence issued under these
regulations, decides either to suspend or terminate his licence , such
holder shall promptly notify the Regulator in the form prescrib ed by
the Authority, to notify such a termination or suspension.
(2) Upon acknowledgment by the Re gulator to the holder of a
licence of the notification ment ioned in sub-regulation (1), th e licence
shall be considered to have ceased to be in force and with imme diate
effect from the date of such acknowledgment such holder shall b e
deemed to be unlicensed.
(3) Notwithstanding any notic e for the termination or
suspension of a licence, the holder of the licence shall remain  liable for
the payment of any fee due to the Regulator. 
Transfer of 
licence.57. (1) A licence issued by the Regulator under these
regulations shall not be validly transferred inter vivos  to any other
person unless:
Verżjoni Elettronika
B 1843
(a) the transferor informs in writing the Regulator in
such form and manner as the  Regulator shall prescribe;
(b) the Regulator is satisfied that at least the same criteria
as listed in regulation 5 4(3) are complied with;
(c) the transfer is subject to the conditions prescribed in
the licence; and
(d) the Regulator approves in writing the transfer of the
licence.
(2) A licence issued by the Regulator under these regulations
shall not be validly transmitted causa mortis  to any other person
unless:
(a) the transferor informs in writing the Regulator in
such form and manner as the  Regulator shall prescribe;
(b) the Regulator is satisfied that at least the same criteria
as listed in regulation 53(3) are complied with;
(c) the transfer is subject to the conditions prescribed in
the licence; and
(d) the Regulator approves in writing the transfer of the
licence:
Provided that a licence issued in terms of these regulations
shall be an indivisible right: 
Provided further that in the event that the Regulator
approves the transfer of the licence as aforesaid, the transfer  shall have
retrospective effect from the date of the death of the decujus .
(3) Where the licensee is a body corporate or any other body of
persons, a change in the control of the ownership or management  of
that body shall be deemed to be equivalent to the transfer of the licence
and shall be subject to the approval of the Regulator. For the purpose
of this sub-regulation, a transfer in the control of the ownership of a
body corporate or other body of persons shall be deemed to occu r in
any case where a transfer of the capital, shares, stocks or oth er rights
held in the body corporate or other body of persons leads to a changein the person holding the controlling interest therein.
Recharging 
points.58. (1) The electricity supplier or the operator of any
recharging point accessible to the  public shall provide for the
possibility for electric vehicle users to recharge on an ad hoc  b a s i s
Verżjoni Elettronika
B 1844
without entering into a contract.
(2) The distribution system ope rator shall cooperate on a non-
discriminatory basis with any person establishing or operating
recharging points accessible to the public.
Offences and 
penalties.59. (1) Any person who contravenes any of the provisions of
these regulations or of a licence condition or of an authorisat ion or
approval issued thereunder, shall be guilty of an offence, and shall, on
conviction, be liable to a fine ( multa ) of not more than sixty-nine
thousand euro (€69,000) or for one thousand and three hundred e uro
(€1,300) for each day during which the offence persists.
(2) Any person who, when information with respect to these
regulations is requested or required by the Regulator, knowingl y or
negligently:
(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, a ny document or information which
he knows to be false in any material respect, 
shall be guilty of an offence, and shall, on conviction, be lia ble to
a fine (multa) of not less than one thousand euro (€1,000) and of not
more than sixty thousand euro (€60,000) for each day during whi ch the
failure to comply subsists.
(3) Notwithstanding any other pr ovision of these regulations,
where any person fails to comply with the provisions of these
regulations or of a licence or authorisation condition for a period not
exceeding three (3) months, th e Regulator may revoke such licen ce or
authorisation.
Administrative 
fines.60. (1) The Regulator may impose an administrative fine
upon any person who infringes any provision of these regulation s or
who fails to comply with any directive or decision given by the
Regulator in ensuring compliance with these regulations.
(2) An administrative fine imposed under sub-regulation (1)
Verżjoni Elettronika
B 1845
shall not exceed one hundred thousand euro (€100,000) for each
contravention and, or six hundred euro (€600) for each day of n on-
compliance, from the date of the  decision given by the Regulato r: 
Provided that, in the case of undertakings (including
vertically integrated undertaki ngs) or a body corporate, a fine  of up to
ten per cent (10%) of the total turnover concerned in the prece ding
business year may be imposed even if such fine results in an am ount
which exceeds the threshold provided in this sub-regulation. 
Administrative 
Review Tribunal.
Cap. 490.61. The Administrative Review Tr ibunal established by article
5 of the Administrative Justice Act shall be competent to hear and
determine appeals from decisions  of the Regulator made under th ese
regulations. Unless otherwise pr ovided by law, an appeal from a
decision of the Regulator made under these regulations shall li e to the
Administrative Review Tribunal in accordance with article 32 of  the
Act.
Repeals the Electricity 
Market Regulations.
S.L. 545. 13.62. The Electricity Market Regulations are hereby being
repealed.
FIRST SCHEDULE
Minimum Requirements for Billing and Billing Information
(regulation 15)
1. Minimum information to be c ontained on the bill and in the
billing information
1.1. The following key inform ation shall be prominently
displayed to final customers in their bills, distinctly separate from
other parts of the bill:
(a) the price to be paid and a breakdown of the price
where possible, together with a c lear statement that all energy
sources may also benefit from i ncentives that were not financed
through the levies indicated i n the breakdown of the price;
(b) the date on which payment is due.
1.2. The following key inform ation shall be prominently
displayed to final customers in their bills and billing information,distinctly separate from other parts of the bill and billing in formation:
(a) electricity consumpti on for the billing period;
(b) the name and contact details of the supplier, including
Verżjoni Elettronika
B 1846
a consumer support hotline and email address;
(c) the tariff name;
(d) the end date of the contract, if applicable;(e) the information on the av ailability and benefits of
switching;
(f) the final customer's switching code or unique
identification code for the f inal customer's supply point;
(g) information on final custom ers' rights as regards out-
of-court dispute settlement, including the contact details of t he
entity responsible pursuant to regulation 23;
(h) the single point of contact referred to in regulation
22;
(i) a link or reference to where comparison tools referred
to in regulation 11 can be found.
1.3. Where bills are based on actual consumption or remote
reading by the operator, the following information shall be mad e
available to final customers i n, with or signposted to within t heir bills
and periodic settlement bills:
(a) comparisons of the final c ustomer's current electricity
consumption with the final customer's consumption for the same
period in the previous year in graphic form;
(b) contact information for consumer organisations,
energy agencies or similar bodies , including website addresses,
from which information may be obtained on available energy
efficiency improveme nt measures for energy-using equipment;
(c) comparisons with an average normalised or
benchmarked final customer in the same user category.
2. Frequency of billing and the provision of billing
information:
(a) billing on the basis of act ual consumption shall take
place at least once a year;
(b) where the final customer does not have a meter that
allows remote reading by the operator, or where the final
customer has actively chosen to disable remote reading in
Verżjoni Elettronika
B 1847
accordance with national law, a ccurate billing information base d
on actual consumption shall be made available to the final
customer at least every six (6) months, or once every three (3)
months, if requested or where the final customer has opted to
receive electronic billing;
(c) where the final customer does not have a meter that
allows remote reading by the operator, or where the finalcustomer has actively chosen t o disable remote reading in
accordance with national law, the obligations in points (a) and(b) may be fulfilled by means of a system of  regular self-reading
by the final customer, whereby the final customer communicates
readings from the meter to the operator; billing or billing
information may be based on estimated consumption or a flat
rate only where the final customer has not provided a meterreading for a give n billing interval;
(d) where the final customer has a meter that allows
remote reading by the operator, accurate billing informationbased on actual consumption shall be provided at least every
month; such information may al so be made available via the
internet, and shall be updated a s frequently as allowed by the
measurement devices and systems used.
3. Breakdown of the final customer's price
The customer's price is the sum of the following three
components: the energy and supply component, the network
component (transmission and di stribution) and the component
comprising taxes, levies, fees and charges.
Where a breakdown of the final cus tomer’s price is presented in
bills, the common definitions o f the three components in that
breakdown established under Re gulation (EU) 2016/1952 of the
European Parliament and of the Council shall be used.
4. Access to complementary information on historical
consumption
To the extent that complementary information on historical
consumption is available, such in formation shall be made availa ble, at
the request of the final custom er, to the supplier or service p rovider
designated by the final customer.
Where the final customer has a meter that allows remote reading
by the operator installed, the fin al customer shall have easy a ccess to
complementary information on historical consumption allowing
Verżjoni Elettronika
B 1848
detailed self-checks.
Complementary information on historical consumption shall
include:
(a) cumulative data for at least the three previous years
or the period since the start of the electricity supply contract, if
that period is shorter. The dat a shall correspond to the interv als
for which frequent billing information has been produced; and
(b) detailed data according to the time of use for any day,
week, month and year, which is made available to the final
customer without undue delay via  the internet or the meter
interface, covering the period of at least the previous twenty- four
(24) months or the period since th e start of the electricity su pply
contract, if that period is shorter.
5. Disclosure of energy sources
Suppliers shall specify in bills the contribution of each energ y
source to the electricity purchas ed by the final customer in ac cordance
with the electricity supply contract (product level disclosure) .
The following information shall be made available to final
customers in, with, or signposted to within their bills and bil ling
information:
(a) the contribution of each energy source to the overall
energy mix of the supplier (at national level, namely in the
Member State in which the electricity supply contract has beenconcluded, as well as at the lev el of the supplier if the suppl ier is
active in several Member States) over the preceding year in acomprehensible and clear ly comparable manner;
(b) information on the environmental impact, in at least
terms of CO
2 emissions and the radioactive waste resulting from
the electricity pro duced by the overall energy mix of the suppl ier
over the preceding year.
As regards paragraph (a) of this item, with respect to electric ity
obtained via an electricity exchange or imported from an undert aking
situated outside the Union, aggregate figures provided by the e xchange
or the undertaking in question over the preceding year may be u sed.
For the disclosure of electricity from high efficiency
cogeneration, guarantees  of origin issued under Article 14(10) of
Directive 2012/27/EU may be used. The disclosure of electricity from
renewable sources shall be done by using guarantees of origin, except
Verżjoni Elettronika
B 1849
in the cases referred to in points (a) and (b) of Article 19(8)  o f
Directive (EU) 2018/2001.
The Regulator shall take the nece ssary steps to ensure that the
information provided by suppliers  to final customers pursuant t o this
point is reliable and is provided at a national level in a clea rly
comparable manner.
SECOND SCHEDULE
Smart Metering Systems
(regulations 16, 17 and 18)
1. The distribution system operator shall be responsible for
the deployment of smart metering s y s t e m s  i n  M a l t a  w h i c h  m a y  b e
subject to an economic assessment of all of the long-term costs  an d
benefits to the market and the individual consumer or which for m of
smart metering is economically rea sonable and cost-effective an d
which time frame is feasib le for their distribution.
2. Such assessment shall take into consideration the
methodology for the cost-benefit  analysis and the minimum
functionalities for smart meteri ng systems provided for in Comm ission
Recommendation 2012/148/EU (1) as well as the best available
techniques for ensuring the highe st level of cybersecurity and data
protection.
3. Subject to that assessment, the  distribution system operator
shall prepare a timetable with a target of up to ten years for the
deployment of smart metering systems. Where the deployment of
smart metering systems is assessed positively, at least eighty per cent
(80%) of final customers shall b e equipped with smart meters ei ther
within seven years of the date of the positive assessment or by  2024 if
the systematic deployment of smart metering systems has occurre d
before 4th July 2019. 
Verżjoni Elettronika
B 1702
________________________________________________________________________________________________________________________
Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbugħ fl-Istamperija tal-Gvern fuq karta FSC — Printed at the Government Printing Press on FSC certified paper
Prezz /Price
€6.75B 1850
THIRD SCHEDULE
Exemptions from the Requirement of an Authorisation or Licence
(regulations 6 and 54)
PART A. Generating stations
1. A producer who:
(a) produces electricity solely for his own use; and
(b) is not connected in parallel to the distribution system;
and
(c) has installed a total peak generation capacity of less
than 1500 kV A;
shall be exempted from the requirement of an authorisation to
construct the generation station and from the requirement to ho ld a
licence.
2. A producer with a total peak generation capacity rated up to
and including 16 Amps per phase, single-phase or multi-phase, 230/
400V AC produced solely from renewable sources of energy orcogeneration plant, shall be exempted from the requirement of a n
authorisation to construct the generation station and from therequirement to hold a licence but shall still be required to no tify the
Regulator, in such form and manner as required by the Regulator prior
to construction of such generation plant, and submit to the Regulator
such information as the Regulator may request from time to time.
PART B. Energy Storage
1. Energy storage facilities shall be notified to the Regulator
in such form and manner specified and made public by the Regula tor. 
Verżjoni Elettronika