S.L. 545.34 Art. 5Direct lines.

(1) (a) All producers and electricity supply undertakings established within Malta may supply their own premises, subsidiaries and customers through a direct line, without being subject to disproportionate administrative procedures or costs.

(b) All customers within Malta, individually or jointly, may be supplied through a direct line by producers and electricity supply undertakings:

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) The Regulator shall lay down the criteria for the grant of authorisations for the construction of direct lines in Malta. Those criteria shall be objective and non-discriminatory.

(3) The possibility of supplying electricity through a direct line as referred to in sub-regulation (1) shall not affect the possibility of contracting electricity in accordance with Article 6 of the Directive:

Provided that such rights shall not be exercised until such time that the derogation under paragraph 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 of 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 derogations under paragraph 3 of Article 66 of the Directive applies.

(5) The Regulator may refuse to authorise a direct line if the granting of such an authorisation would obstruct the application of the provisions on public service obligations in Article 9 of the Directive. Duly substantiated reasons shall be given for such a refusal.