528 tal-2004 - Regolamenti tal-2004 dwar l-Użu ta’ Bio Fuels jew Fuels Oħra Li Jiġġeddu Għat-Trasport, 2004

L.N. 528 of 2004

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Use of Biofuels or Other Renewable Fuels

for Transport Regulations, 2004

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

Resources Authority 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 Use of Biofuels or

Other Renewable Fuels for Transport Regulations, 2004.

(2) These regulations shall come into force on the 31st

December, 2004.

(3) These regulations give effect to Directive 2003#30#EC

of the European Parliament and of the Council of 8 May 2003 on the

promotion of the use of biofuels or other renewable fuels for transport.

Regulation 3(2)

National indicative target of the proportion of biofuels placed on the

market and calculated on the basis of energy content, of all petrol and diesel

for road transport purposes by 31 December 2005 …………………………

(1) For the purposes of these regulations, and unless the

context otherwise requires>

“the Act” means the Malta Resources Authority Act<

“the Authority” means the Malta Resources Authority<

“biofuels” means liquid or gaseous fuel for transport produced

from biomass<

“biomass” means the biodegradable fraction of products,

waste and residues from agriculture (including vegetal and animal

substances), forestry and related industries, and also the

biodegradable fraction of industrial and municipal waste<

“energy content” means the lower calorific value of fuel<

“final customer” means any natural or legal person purchasing

biofuel for his own use<

“the Minister” means the Minister responsible for resources<

“other renewable fuels” means renewable fuels, other than

biofuels, which originate from renewable energy sources as defined

in the Promotion of Electricity produced from Renewable Energy

Sources Regulations, 2004 and used for transport purposes<

(2) At least the products listed below shall be considered

biofuels>

“biodiesel”> a methyl-ester produced from vegetable or animal

oil, of diesel quality, to be used as biofuel<

“biodimethylether”> dimethylether produced from biomass,

to be used as biofuel<

“bioethanol”> ethanol produced from biomass and, or the

biodegradable fraction of waste, to be used as biofuel<

“biogas”> a fuel gas produced from biomass and, or from the

biodegradable fraction of waste, that can be purified to natural gas

quality, to be used as biofuel, or woodgas<

“biohydrogen”> hydrogen produced from biomass, and, or

from the biodegradable waste, to be used as biofuel<

“biomethanol”> methanol produced from biomass, to be used

as biofuel<

“bio-ETBE (ethyl-tertio-butyl-ether)”> ETBE produced on the

basis of bioethanol. The percentage volume of bio-ETBE that is

calculated as biofuel is 47%<

“bio-MTBE (methyl-tertio-butyl-ether)”> a fuel produced on

the basis of biomethanol. The percentage by volume of bio-MTBE

that is calculated as biofuel is 36%<

“pure vegetable oil”> oil produced from oil plants through

pressing, extraction or comparable procedures, crude or refined

but chemically unmodified, when compatible with the type of

engines involved and the corresponding emission requirements<

“synthetic biofuels”> synthetic hydrocarbons or mixtures of

synthetic hydrocarbons, which have been produced from biomass.

(3) Biofuels may be made available in any of the following

(a) as pure biofuels or at high concentrations in mineral oil

derivatives, in accordance with specific quality standards for

transport applications<

(b) as biofuels blended in mineral oil derivatives, in

accordance with the appropriate national standard norms describing

the technical specifications for transport fuels (MSA EN 228 and

MSA EN 590)<

(c) as liquids derived from biofuels, such as ETBE (ethyly-

tertio-butyl-ether), where the percentage of biofuel is as specified

in sub-regulation (2) (2).

(1) By not later than 1 April of each year, the Authority shall

submit to the Minister, a report, on>

(a) the measures taken to promote the use of biofuels or

other renewable fuels to replace diesel and petrol for transport

purposes<

(b) the national resources allocated to the production of

biomass for energy uses other than transport, and

(c) the total sales of transport fuel and the share of biofuels,

pure or blended, and other renewable fuels placed on the market

for the preceding year. Where appropriate, the Authority shall report

on any exceptional conditions of oil products that have affected

the marketing of biofuels and other renewable fuels.

(2) The national indicative target of the proportion of

biofuels placed on the market and calculated on the basis of energy

content, of all petrol and diesel for transport purposes by 31 December,

2005 is as established in the Schedule to these regulations.

(3) In the report referred to in sub-regulation (1) and

covering the year 2006, the Authority shall submit to the Minister its

recommendations for the establishment of national indicative targets of

the proportion of biofuels placed on the market and calculated on the

basis of energy content, of all petrol and diesel for transport purposes

by 31 December, 2010.

(4) (a) A reference value for these targets shall be 2%,

calculated on the basis of energy content, of all petrol and diesel placed

on the national market for transport purposes by 31 December, 2005.

(b) A reference value for these targets shall be 5.75%,

calculated on the basis of energy content, of all petrol and diesel placed

on the national market for transport purposes by 31 December, 2010.

(5) In the reports referred to in sub-regulation 1,

differentiation of the national targets, as compared to the reference values

referred to in sub-regulation (4) shall be motivated and could be based

on the following elements>

(a) objective factors, such as the limited national potential

for production of biofuels from biomass<

(b) the amount of resources allocated to the production of

biomass for energy uses other than transport and the technical or

climatic characteristics of the national market for transport fuels<

(c) national policies allocating comparable resources to the

production of other transport fuels based on renewable energy

sources and consistent with the objectives of these regulations.

(6) The Authority shall submit to the Minister a report at

least every two years unless it considers it expedient to submit such

reports on a more frequent basis on the results of monitoring carried

out pursuant to regulation 4.

(7) In the reports referred to in sub-regulation 1 the Authority

shall consult with such other regulatory bodies as necessary and shall

submit its recommendations of measures that may be taken to ensure

compliance with the relevant legislation on emission standards.

(8) In drawing its reports and recommended measures, the

Authority shall consider the overall climate and environmental balance

of the various types of biofuels and other renewable fuels and may give

priority to the promotion of those fuels showing a very good cost-

effective environmental balance while also taking into account

competitiveness and security of supply and other national energy policy

objectives.

(9) The Minister may approve any of the reports referred to

in this regulation, in whole or in part, with or without modifications or

conditions, or may refer any of the reports back to the Authority. When

the reports have been approved, the Authority shall publish the reports

together with a statement of the comments it has received from the

Minister and the responses it has made to those comments.

The Authority shall monitor the effect of the use of biofuels

in diesel blends above 5% by non-adapted vehicles through the use of

surveys and, or any other means considered appropriate by the Authority.

(1) Any person who imports or produces petroleum or

biofuels shall monitor, record and submit to the Authority in the manner

and form that the Authority may request such information on the retail

of petroleum products and biofuels.

(2) Any person who fails to comply with any provision of

this regulation shall be guilty of an offence.

(1) No person shall sell or offer for sale to the ultimate

consumer any blend of biofuels unless he provides specific labelling at

the points of sale.

(2) The labelling of biofuels referred to in sub-regulation

(1) shall be required for percentages of biofuels, blended in mineral oil

derivatives, exceeding the limit value of 5% fatty acid methyl ester

(FAME) or of bioethanol.

(3) Any person who fails to comply with any provision of

this regulation shall be guilty of an offence.

The Authority may promote the use of biofuels through

implementation of those measures that it considers expedient and that

are not contrary to the provisions of the Act or of these regulations.

(1) When the 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 these

regulations.

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

compliance order issued by the Authority shall, without prejudice to

any other liability under these regulations, the Act or any other law, be

guilty of an offence.

(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 liri (Lm 10,000).

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

regulations is requested by the Authority, knowingly or recklessly>

(a)

gives false, inaccurate or misleading information< or

(b) supplies incomplete information< or

(c) fails, without reasonable cause, to supply the requested

information 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 (Lm100) and not more than

one thousand liri (Lm1,000).