Cap. 545 Art. 5Functions of the Regulator.

(1) The Regulator shall have, and shall independently, transparently and impartially implement and administer, the following functions:

(a) to regulate, monitor and keep under review all practices, operations and activities relating to energy and water services and resources;

(b) to grant any licence, permit or other authorisation, for the carrying out of any operation or activity relating to energy and water services and resources;

(c) to regulate and secure interconnectivity for the production, transmission and distribution of the services or products regulated by or under this Act;

(d) to promote fair competition in all such practices, operations and activities and to monitor the occurrence of restrictive contractual practices, and where appropriate in collaboration with the authority responsible for competition;

(e) to establish minimum quality and security standards for any of the said practices, operations and activities and to regulate such measures as may be necessary to ensure public and private safety;

(f) to secure and regulate the development and maintenance of efficient systems in order to satisfy, as economically as possible, all reasonable demands for the provision of the services regulated by or under this Act;

(g) to regulate the price structure for any activity regulated by this Act and where appropriate to establish the mechanisms whereby the price to be charged for the acquisition, production, manufacture, sale, storage and distribution thereof is determined;

(h) to establish the minimum qualifications to be possessed by any person who is engaged or employed in any activity regulated by or under this Act;

(i) to ensure that international obligations entered into by the Government relative to the matters regulated by or under this Act are complied with, in particular, the implementation of the regulatory functions envisaged in the Electricity and Gas market directive and the Energy Charter Treaty;

(j) to submit its opinion to Government on the formulation of policy in relation to matters regulated by this Act, and in particular in relation to such international obligations;

(k) to promote the interests of consumers and other users in Malta, particularly vulnerable consumers, especially in respect of the prices charged for, and the quality and variety of the services and, or products regulated by or under this Act;

(l) to determine disputes in relation to matters regulated by or under this Act;

(m) to undertake effective stakeholder and regulated entity involvement and consultation when preparing its positions and actions;

(n) to carry out investigations into the functioning of the electricity market, and to decide upon and impose any necessary and proportionate measures to promote effective competition and ensure the proper functioning of the market. Where appropriate, the Regulator shall also have the power to cooperate with the national competition authority and the financial market regulators or the Commission in conducting an investigation relating to competition law.

(2) The Regulator shall also independently, transparently and impartially:

(a) in relation to energy -

(i) regulate the harnessing, generation, distribution, transmission, supply and use of all forms of energy; and

(ii) impose levies on energy produced by non-renewable sources and grant subsidies in connection with the production of energy from renewable sources and energy efficiency;

(b) in relation to water -

(i) secure and regulate the acquisition, production, storage, distribution or other disposal of water for domestic, commercial, industrial or other purposes;

(ii) secure and regulate the conservation, augmentation and operation of water resources and the sources of water supply;

(iii) secure and regulate the treatment, storage, disposal, use or re-use, as appropriate, of sewage, waste water, sludge and storm water run-off;

(iv) secure and regulate the provision of adequate systems of public sewers and to ascertain their cleanliness, safety and efficiency;

(c) in relation to petroleum -

(i) secure that adequate provision and reserve stocks of petroleum and gas is available at all times;

(ii) regulate the distribution, sale, exportation or disposal in any other manner of fuels supplied for bunkering; for the purposes of this sub-paragraph "bunkering" and "fuel" shall have the same meaning assigned to them by article 2 of the Bunkering (Fuels) Tax Act;

(iii) manage national emergency stocks and specific stocks for which purpose the Regulator is hereby designated the Central Stock Holding Entity for security stock in accordance with Council Directive 2009/119/EC of 14 September 2009 imposing an obligation on Member States to maintain minimum stocks of crude oil and/or petroleum products:

Provided that matters falling under sub-articles (1) and (2) which shall have been pending before the Malta Resources Authority in terms of the Malta Resources Authority Act from before the coming into force of this Act shall forthwith be transferred onto the Regulator without the need of any formalities other than the coming into force of this Act.

(3) The provisions of this article shall be without prejudice to the exercise of the functions of any authority established by or under any law in relation to public health, competition and the environment or any other matter falling within the functions of any such authority.

(4) The Regulator may require any person or authorised provider to provide it with any information, including financial information, that the Regulator considers necessary for the purpose of ensuring compliance with the provisions of this Act, regulations prescribed thereunder and decisions or directives made in accordance with this Act, or any other law or regulations prescribed thereunder which the Regulator is entitled to enforce. Any person or authorised provider who fails or refuses to provide such information shall be in contravention of this Act and shall be liable to the imposition of an administrative penalty as may be prescribed by the Regulator.