S.L. 545.34 Art. 16Smart metering systems.

(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 be undertaken by the distribution system operator in accordance with the principles laid down in the Second Schedule.

(2) The Regulator shall adopt and publish the minimum functional and technical requirements for the smart metering systems to be deployed, in accordance with regulation 17 and the Second Schedule. In establishing such minimum requirements, the Regulator shall ensure the interoperability of those smart metering systems, as well as their ability to provide output for consumer energy management systems. In that respect, the Regulator shall have due regard to the use of the relevant available standards, including those enabling interoperability, to best practices and to the importance of the development of smart grids and the development of the internal market for electricity.

(3) Final customers shall contribute to the associated costs of the deployment of smart metering systems in a transparent and non-discriminatory manner. The establishment of the contribution made by customers should take into account the long-term benefits to the whole value chain. The Regulator shall regularly monitor such deployment 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 to in sub-regulation (1), the distribution system operator shall revise this assessment at least every four years, or more frequently, in response to significant changes in the underlying assumptions and in response to technological and market 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 installations that replace older smart meters. Smart metering systems that have already been installed, or for which the ‘start of works’ began, before th the 4 July 2019, may remain in operation over their lifetime but, in the case of smart metering systems that do not meet the requirements of regulation 17 and the Second Schedule, shall not remain in th operation after the 5 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 the investment irreversible, whichever is the first in time. Buying of land and preparatory works such as obtaining permits and conducting preliminary feasibility studies are not considered as start of works. For take-overs, ‘start of works’ means the moment of acquiring the assets directly linked to the acquired establishment.