S.L. 545.12 Art. 2Interpretation.

In these regulations, unless the context otherwise requires:

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

Act;

"Agency" means the Agency for the Co-operation of Energy Regulators;

"ancillary services" means all services necessary for access to and the operation of distribution networks, LNG facilities, and, or storage facilities, including load balancing, blending and injection of inert gases; "the Commission" means the European Commission as established by the Treaty on the European Union as amended by subsequent Treaties;

"the Community" means the European Community as established by the Treaty on the European Union as amended by subsequent Treaties; "control" means any rights, contracts or any other means which, either separately or in combination and having regard to the considerations of fact or law involved, confer the possibility of exercising decisive 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 which confer decisive influence on the composition, voting or decisions of the organs of an undertaking; "customer" means a person or a natural gas undertaking which purchases natural gas in bulk for resale purposes or final customer; "direct line" means a natural gas pipeline complementary to the interconnected system; "distribution" means the transport of natural gas through local or regional pipeline networks with a view to its delivery to customers, but not including supply; "distribution system operator" means a person who carries out the function of distribution and is responsible for operating, ensuring the maintenance of, and, if necessary, developing the distribution system in a given area and, where applicable, its interconnections with other systems, and for ensuring the long-term ability of the system to meet reasonable demands for the distribution of gas; "eligible customer" means a customer who is free to purchase gas from the supplier or retailer of his choice; "emergent market" means a Member State in which the first commercial supply of its first long-term natural gas supply contract was made not more than ten years earlier; "final customer" means a person purchasing natural gas for his own use or consumption and not for wholesale or retail purposes; "gas derivative" means a financial instrument specified in points 5, 6 or 7 of Section C of Annex I to Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments where that instrument relates to natural gas; "gas supply contract" means a contract for the supply of natural gas, but does not include a gas derivative; "horizontally integrated undertaking" means an undertaking performing at least one of the functions of production, distribution, supply or storage of natural gas, and a non-gas activity;

"household customer" means a customer purchasing natural gas for his own household consumption;

"integrated natural gas undertaking" means a vertically or horizontally integrated undertaking;

"interconnected system" means a number of systems which are linked with each other;

"interconnector" means a line which crosses or spans a border between Member States for the sole purpose of connecting the national systems of those Member States; "line pack" means the storage of gas by compression in gas distribution systems; "LNG facility" means a terminal which is used for the liquefaction of natural gas or the importation, offloading, and re-gasification of LNG, and includes ancillary services and temporary storage necessary for the re-gasification process but does not include any part of LNG terminals used for storage; "LNG system operator" means a person who carries out the function of liquefaction of natural gas, or the importation, offloading, and re-gasification of LNG and is responsible for operating a LNG facility;

"long-term planning" means the planning of supply and transport capacity of natural gas undertakings on a long-term basis with a view to meeting the demand for natural gas of the system, diversification of sources and securing supplies to customers; "Member State" means a member state of the European Union; "the Minister" means the Minister responsible for resources;

"natural gas undertaking" means any person carrying out at least one of the following functions: production, transmission, distribution, supply, purchase or storage of natural gas, including LNG, which is responsible for the commercial, technical and, or maintenance tasks related to those functions, but shall not include final customers; "new infrastructure" means an infrastructure which has not been completed by 4th of August, 2003; "non-household customer" means a customer purchasing natural gas which is not for his own household use or consumption; "person" means any natural or legal person;

"production operations" means any operation or activity, excluding storage, relating to the production of natural gas including LNG, carried out by a LNG system operator or a natural gas undertaking in a LNG facility or terminal but outside the part of LNG facilities used for storage;

"Regulator" means the Regulator for Energy and Water Services established by the Act;

"related undertaking" means affiliated undertakings, within the meaning of Article 41 of the Seventh Council Directive 83/349/ EEC of 13 June 1983 based on Article 44(2) (g) and, or associated undertakings, within the meaning of Article 33(1) of that Directive, and, or undertakings which belong to the same shareholders;

"security" means both security of supply of natural gas and technical safety;

"storage" means the stocking of natural gas including LNG; "storage facility" means a facility used for the stocking of natural gas and owned and, or operated by a natural gas undertaking, including the part of LNG facilities used for storage but excluding the portion used for production operations; "storage system operator" means a person who carries out the function of storage and is responsible for operating a storage facility; "supply" means the sale or retail, including resale, of natural gas including LNG, to customers; "supply undertaking" means any person who carries out the function of supply; "system" means any distribution networks, LNG facilities and, or storage facilities owned and, or operated by a natural gas undertaking, including line pack and its facilities supplying ancillary services and those of related undertakings necessary for providing access to distribution and LNG; "system user" means any person supplying to, or being supplied by, the system; "transmission" means the transport of natural gas through a network, which mainly contains high-pressure pipelines, other than an upstream pipeline network and other than the part of high-pressure pipelines primarily used in the context of local distribution of natural gas, with a view to its delivery to customers, but not including supply; "transmission system operator" means a natural or legal person who carries out the function of transmission and is responsible for operating, ensuring the maintenance of, and, if necessary, developing the transmission system in a given area and, where applicable, its interconnections with other systems, and for ensuring the long-term ability of the system to meet reasonable demands for the transport of gas; "upstream pipeline network" means any pipeline or network of pipelines operated and, or constructed as part of an oil or gas production project, or used to convey natural gas from one or more such projects to a processing plant or terminal or final coastal landing terminal; "vertically integrated undertaking" means a natural gas undertaking or a group of natural gas undertakings where the same person or the same persons are entitled, directly or indirectly, to exercise control, and where the undertaking or group of undertakings perform at least one of the functions of distribution, LNG or storage, and at least one of the functions of production or supply of natural gas;

"wholesale customer" means any person other than a distribution system operator who purchases natural gas in bulk for the purpose of resale inside or outside the system where such person is established, not being for his own use or consumption.