186 tal-2004 - Regolamenti tal-2004 dwar il-Promozzjoni ta’ Elettriku ġenerat minn Għejun ta’ Enerġija li jiġġeddu

L.N. 186 of 2004

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Promotion of Electricity produced from Renewable Energy

Sources Regulations, 2004

BY virtue of the powers conferred by article 28 of the Malta

Resources Authority Act, hereinafter referred to as “the Act”, the

Minister for Resources and Infrastructure, after consultation with the

Malta Resources Authority, has made the following regulations>-

(1) The title of these regulations is the Promotion of

Electricity produced from Renewable Energy Sources Regulations,

2004. (2) These regulations shall come into force on the 30 th April,

2004. (3) The purpose of these regulations is to promote the

contribution of renewable energy sources to electricity production in

Malta and to create a basis for future development thereof.

(1) For the purposes of these regulations>

National Indicative Target

The national indicative target shall be 5% electricity produced from renewable

energy sources of gross national electricity consumption by 2010.

Measures

None

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

‘biomass’ means the biodegradable fraction of products, waste

and residues from agriculture including vegetal and animal

substances, forestry and related industries, as well as the

biodegradable fraction of industrial and municipal waste<

‘competent authority’ means the Malta Resources Authority<

‘consumption of electricity’ means national electricity

production, including auto-production, plus imports, minus exports

(gross national electricity consumption)<

‘electricity produced from renewable energy sources’ means

electricity produced by plants using only renewable energy sources,

as well as the proportion of electricity produced from renewable

energy sources in hybrid plants also using conventional energy

sources and including renewable electricity used for filling storage

systems, and excluding electricity produced as a result of storage

systems<

‘Minister’ means the Minister responsible for Resources and

Infrastructure<

‘renewable energy sources’ means renewable non-fossil

energy sources, that is, wind, solar, geothermal, wave, tidal,

hydropower, biomass, landfill gas, sewage treatment plant gas and

biogases<

(2) Unless inconsistent with the provisions of these

regulations, the definitions in the Electricity Regulations, 2003 shall

apply to these regulations.

(1) Not later than 27 June 2005, the competent authority shall Reports prepared by

the competent

submit to the Minister a report identifying feasible national indicative authority.

targets for future consumption of electricity produced from renewable

energy sources in terms of a percentage of electricity consumption for

the next 10 years. The report may also propose measures to be taken to

achieve these national indicative targets. This report shall be revised by

not later than 27 June 2007 and every five years thereafter. To set these

targets until the year 2010, the competent authority shall>

(i) take into account the national indicative target published

in the Schedule to these regulations. Any inconsistencies with the

national indicative target shall be justified and, or based on scientific

evidence<

(ii) ensure that the targets are compatible with any national

commitments accepted in the context of climate change

commitments.

During the preparation or review of the report the competent

authority shall make known to the public the matters it intends to

take into consideration and shall provide adequate opportunities

for individuals and organisations to make representations to the

Authority. The measures proposed shall be accompanied by a cost-

benefit analysis.

(2) The competent authority shall submit to the Minister,

for the first time not later than 27 June 2005 and every two years

thereafter, a report which includes an analysis of success in meeting the

national indicative targets taking into account, climate factors likely to

affect the achievement of the national indicative targets. In its report,

the competent authority shall indicate to what extent the measures taken

are consistent with the national climate change commitment, the

regulatory framework established under regulation (6), measures taken

to ensure the reliability and accuracy of the guarantee system adopted

under regulation (5).

(3) The Minister may approve the reports referred to in sub-

regulations 3(1) and 3(2), in whole or in part, with or without

modifications or conditions, or may refer it back to the competent

authority. When the reports have been approved, the competent authority

shall publish the reports together with a statement of the representations

it has received and the responses it has made to those representations.

The national indicative targets and the measures that may be

established to contribute to the achievement of the national indicative

targets referred to in regulation 3 shall be published in the Schedule to

these regulations. These national indicative targets and measures may

be revised every two years, within three months of the submission of

the reports required by regulation 3.

(1) The competent authority shall issue guarantees of origin

of electricity produced from renewable energy sources in response to a

request made to it.

(2) The competent authority may designate a competent

person or persons, independent of generation or distribution activities,

to supervise the issue of such guarantees of origin.

(3) A guarantee of origin shall>

(i) specify the energy sources from which the electricity

was produced, the dates and places of production, and in the case

of hydroelectric installations, indicate also the capacity<

(ii) enable producers of electricity from renewable energy

sources to demonstrate that the electricity they sell is produced

from renewable energy sources within the meaning of these

regulations.

(4) Guarantees of origin, issued by other Member States of

the European Union shall be recognised as proof of elements referred

to in sub-regulation (3). Any refusal to recognise a guarantee of origin

as such proof, in particular for reasons relating to the prevention of

fraud, must be based on transparent and non-discriminatory criteria.

(1) The competent authority shall ensure that the Administrative

procedures.

authorisation and other procedures, which are applicable to production

plants for electricity produced from renewable energy sources>

(i) reduce, as much as possible, the regulatory and non-

regulatory barriers to the contribution in electricity production from

renewable energy sources,

(ii) streamline and expedite procedures at the appropriate

administrative level, and

(iii) ensure that the procedures are objective, transparent

and non-discriminatory, and take fully into account the

particularities of the various renewable energy source technologies.

Access

(1) Without prejudice to the maintenance of the reliability Network issues.

and safety of the network, the network system operator shall guarantee

the conveyance of electricity produced from renewable energy sources.

The competent authority may also authorise for priority access to the

network of electricity produced from renewable energy sources.

Dispatching

(2) When dispatching generating installations, the network

operator shall give priority to generating installations using renewable

energy sources insofar as the operation of the national electricity system

permits and according to criteria established in the network code as

approved by the competent authority.

Costs

(3) The network operator shall establish, subject to the prior

approval of the competent authority, and the provisions of the electricity

regulations, the standard rules relating to the bearing of costs of technical

adaptations, such as network reinforcements, which are necessary in

order to integrate new producers feeding electricity produced from

renewable energy sources into the network. These standard rules shall

be included in the network code, by not later than six months after the

publication of the report referred to in regulation 3 (2).

(4) The rules established under sub-regulation (2) shall>

(i) take into account all the costs and benefits associated

with the connection of these producers to the network<

(ii) relate to the sharing of costs of system installations, such

as network connections and reinforcements between all producers

benefiting from them<

(iii) ensure that fees charged by the network operator for

the conveyance of electricity from plants using renewable energy

sources reflect realisable cost benefits resulting from the plant’s

connection to the network.

(5) Network operators shall be required to provide to any

new producer wishing to be connected to the network, a comprehensive

and detailed estimate of the costs associated with the connection.

(6) Where appropriate, the competent authority may require

the network operator to bear in full or in part, the costs referred to in

sub-regulation (2).

(7) The report indicated in regulation 3 shall also indicate

the measures taken to facilitate access to the network of electricity

produced from renewable energy sources and the feasibility of two-

way metering.

(1) Where the competent authority becomes aware, whether

through carrying out an investigation or otherwise, that any person

subject to these regulations has contravened any of the provisions

contained therein, it shall issue a compliance order to the person

concerned, ordering him to comply immediately with the provisions of

the said regulations.

(2) Any person who fails to abide by the provisions of a

compliance order issued by the competent authority shall, without

prejudice to any other liability under these regulations, the Act or any

other law, be guilty of an offence and be liable, on conviction, to a fine

(multa) of not less than one hundred liri and not more than one thousand

liri for each day during which the offence subsists<

Provided that such aggregate fines (multa) shall, not exceed

the amount of ten thousand liri.

(1) Any person who contravenes any of the provisions of

these regulations or of a licence or approval issued thereunder, shall be

guilty of an offence and shall, on conviction, be liable to a fine (multa)

of not more than ten thousand Maltese liri (Lm10, 000).

(2) Any person who, when information with respect to these

regulations requested by the competent authority, knowingly or

recklessly>

(a)

gives any false, inaccurate or misleading information<

or

(b) supplies incomplete information< or

(c) fails, without reasonable cause to supply information

requested within the time given< or

(d) prevents or hinders any investigation< or

(e) produces or furnishes, or causes or knowingly allows to

be produced or furnished, any document or information which he

knows to be false in any material respect,

shall be guilty of an offence and shall, on conviction, be liable to a fine

(multa) of not less than one hundred liri and not more than one thousand

liri.

(3) Without prejudice to sub-regulations (1) and (2) of this

regulation, where any person fails to comply with the provisions of

these regulations for a period exceeding six months, the competent

authority may revoke his or her licence.

B