S.L. 545.34 Art. 54Licensing requirement.

(1) The following operations and activities shall require a licence issued by the Regulator and in accordance with such terms and conditions as may be specified 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 Malta pursuant to Article 66 of the Directive and until such time as the aforesaid derogations remain in force, the licence for the supply of electricity shall be issued only to the distribution system operator, designated in accordance with regulation 27.

(2) A licence shall not be required for the categories specified in the Third Schedule for the carrying out of the operations or activities mentioned therein, including energy storage facilities.

(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, including those issued by any other public authority or Government Department;

(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;

(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 person 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 licence or for its renewal under these regulations shall be:

(a) in writing and in such form and shall contain such information as the Regulator may require;

(b) accompanied by such fees, bank guarantees and insurance policies as the Regulator may determine and deem to be appropriate. All fees shall be payable on application and any 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 by the Regulator, shall be payable in the event of default in the due payment of fees:

Provided that a licence granted under these regulations shall not relieve the licensee from the requirement of any other licence, permit or other authorisation, or from an obligation arising from any other law.

(5) A licence granted under these regulations may include such conditions as appear to the Regulator to be requisite or expedient, 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 than six

(6) months from the date of receipt of a valid application, any decision taken concerning an application for a licence or an application for the renewal of a licence or any valid reason impeding the Regulator to reach such a decision.