S.L. 545.34 Art. 8Entitlement to a dynamicelectricity price contract. 

(1) Final customers who have a smart meter installed may request to conclude a dynamic electricity price contract with at least one supplier and with every supplier that has more than two hundred thousand (200,000) final customers.

(2) Prior to the conclusion or extension of any contract referred to in sub-regulation (1), final customers shall be provided with a summary of the key contractual terms and conditions in a prominent manner and in clear and concise language. That summary shall establish the rights referred to in regulation 7(3) and (4) and shall include at least the following information:

(a) the total price and its breakdown;

(b) an explanation as to whether the price is fixed, variable or dynamic;

(c) the supplier’s email address and the details of a consumer support hotline; and

(d) where relevant, information on one-time payments, promotions, additional services and discounts.

(3) Suppliers shall keep final customers fully informed of the opportunities, costs and risks of such dynamic electricity price contracts and shall provide information to the final customers accordingly, including with regard to the need to have an adequate electricity meter installed.

(4) The Regulator shall:

(a) monitor the market developments and assess the risks that the new products and services may entail and address abusive practices;

(b) take appropriate measures where impermissible termination fees are identified in accordance with regulation 9(3).

(5) Suppliers shall obtain each final customer’s consent before such customer is switched to a dynamic electricity price contract.

(6) For at least a ten (10) year period after dynamic electricity price contracts become available, the Regulator shall monitor, and shall publish an annual report on the main developments of such contracts, including market offers and the impact on consumers’ bills, and specifically the level of price volatility.

(7) This regulation shall not apply until such time that a spot or intra-day market is developed in Malta.