Promotion of Energy from Renewable Sources Regulations,

L.N. 538 of 2010

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Promotion of Energy from Renewable Sources Regulations,

IN exercise of the powers conferred by sub-article (1) of

article 28 of the Malta Resources Authority Act, the Minister for

Resources and Rural Affairs, after consultation with the Malta

Resources Authority, has made the following regulations:-

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

Energy from Renewable Sources Regulations, 2010.

(2) These regulations shall come into force on the 5th

December, 2010.

(3) These regulations transpose Directive 2009/28/EC

of the European Parliament and of the Council of 23 April 2009

on the promotion of the use of energy from renewable sources and

amending and subsequently repealing Directives 2001/77/EC and

2003/30/EC.

Regulation 5(4)

Normalisation rule for accounting for electricity generated from hydropower

and wind power

The following rule shall be applied for the purpose of accounting for electricity

generated from hydropower

where

= reference year;

= normalised electricity generated by all hydropower plants in year N, for

accounting purposes;

= the quantity of electricity actually generated in year i by all hydropower plants

measured in GWh, excluding production from pumped storage units using water that

has previously been pumped uphill;

= the total installed capacity, net of pumped storage, of all hydropower plants at

the end of year i, measured in MW.

The following rule shall be applied for the purpose of accounting for electricity

generated from wind power

where

= reference year;

B

= normalised electricity generated by all wind power plants in year N, for

accounting purposes;

= the quantity of electricity actually generated in year i by all wind power plants

measured in GWh;

= the total installed capacity of all the wind power plants at the end of year j,

measured in MW;

= 4 or the number of years preceding year N for which capacity and production

data are available, whichever is lower.

B

In these regulations, unless the context otherwise

requires:-

“the Act” means the Malta Resources Authority Act;

“aerothermal energy” means energy stored in the form

of heat in the ambient air;

“the Authority” means the Malta Resources Authority

established by article 3 of the Act;

“biofuels” means liquid or gaseous fuel for transport

produced from biomass;

“bioliquids” means liquid fuel for energy purposes

other than for transport, including electricity and heating and

cooling, produced from biomass;

“biomass” means the biodegradable fraction of products,

waste and residues from biological origin from agriculture

(including vegetal and animal substances), forestry and related

industries including fisheries and aquaculture, as well as the

biodegradable fraction of industrial and municipal waste;

“the Community” means the European Community;

“energy from renewable sources” means energy

from renewable non-fossil sources, namely wind, solar,

aerothermal, geothermal, hydrothermal and ocean energy,

hydropower, biomass, landfill gas, sewage treatment plant gas

and biogases;

“geothermal energy” means energy stored in the form of

heat beneath the surface of solid earth;

“gross final consumption of energy” means the energy

commodities delivered for energy purposes to industry,

transport, households, services including public services,

agriculture, forestry and fisheries, including the consumption

of electricity and heat by the energy branch for electricity and

heat production and including losses of electricity and heat in

distribution and transmission;

“hydrothermal energy” means energy stored in the form

of heat in surface water;

“the Minister” means the Minister responsible for

resources;

“Regulation (EC) No 1099/2008” means Regulation

(EC) No 1099/2008 of the European Parliament and of the

Council of 22 October 2008 on energy statistics published in

the Official Journal L 304, 14.11.2008, p. 1;

“renewable energy obligation” means a national

support scheme requiring energy producers to include a

given proportion of energy from renewable sources in their

production, requiring energy suppliers to include a given

proportion of energy from renewable sources in their supply,

or requiring energy consumers to include a given proportion

of energy from renewable sources in their consumption. This

includes schemes under which such requirements may be

fulfilled by using green certificates;

“support scheme” means any instrument, scheme or

mechanism that promotes the use of energy from renewable

sources by reducing the cost of that energy, increasing the

a renewable energy obligation or otherwise, the volume of

such energy purchased. This includes, but is not restricted to,

investment aid, tax exemptions or reductions, tax refunds,

renewable energy obligation support schemes including those

using green certificates, and direct price support schemes

including feed-in tariffs and premium payments.

Regulation 5(8)

Energy content of transport fuels

Energy content by

Energy content by

weight

volume

Fuel

(lower calorific value,

(lower calorific value,

MJ/kg)

MJ/l)

Bioethanol (ethanol produced from

biomass)

27 (of which 37 %

Bio-ETBE (ethyl-tertio-butyl-ether

36 (of which 37 % from

from renewable

produced on the basis of bioethanol)

renewable sources)

sources)

Biomethanol (methanol produced from

biomass, to be used as biofuel)

26 (of which 22 %

Bio-MTBE (methyl-tertio-butyl-ether

35 (of which 22 % from

from renewable

produced on the basis of bio-methanol)

renewable sources)

sources)

Bio-DME (dimethylether produced from

biomass, to be used as biofuel)

29 (of which 29 %

Bio-TAEE (tertiary-amyl-ethyl-ether

38 (of which 29 % from

from renewable

produced on the basis of bioethanol)

renewable sources)

sources)

Biobutanol (butanol produced from

biomass, to be used as biofuel)

Biodiesel (methyl-ester produced from

vegetable or animal oil, of diesel quality,

to be used as biofuel)

Fischer-Tropsch diesel (a synthetic

hydrocarbon or mixture of synthetic

hydrocarbons produced from biomass)

Hydrotreated vegetable oil (vegetable oil

thermochemically treated with hydrogen)

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)

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 wood

gas)

B

Petrol

Diesel

B

The share of energy from renewable sources in gross final

consumption of energy in 2020 shall be at least the national overall

target for the share of energy from renewable sources of 10%.

Regulation 5(6)

Accounting of energy from heat pumps

The amount of aerothermal, geothermal or hydrothermal energy captured by heat

pumps to be considered energy from renewable sources for the purposes of these

regulations,

, shall be calculated in accordance with the following formula

where

—

= the estimated total usable heat delivered by heat pumps fulfilling the

criteria referred to in regulation 5(5), implemented as follows: Only heat pumps for

which

shall be taken into account,

— SPF = the estimated average seasonal performance factor for those heat pumps,

—

is the ratio between total gross production of electricity and the primary energy

consumption for electricity production and shall be calculated as an EU average based

on Eurostat data.

B

The share of energy from renewable sources in all forms Share of energy from

of transport in 2020 shall be at least 10 % of the final consumption renewable

of energy in transport. For the purpose of this requirement, the

following shall apply

(a) for the calculation of the denominator, that is the

total amount of energy consumed in transport for the purposes

of calculating the share of energy from renewable sources in

all forms of transport in 2020, only petrol, diesel, biofuels

consumed in road and rail transport, and electricity shall be

taken into account;

(b) for the calculation of the numerator, that is the

amount of energy from renewable sources consumed in

transport for the purposes of calculating the share of energy

from renewable sources in all forms of transport in 2020,

all types of energy from renewable sources consumed in all

forms of transport shall be taken into account;

(c) for the calculation of the contribution from

electricity produced from renewable sources and consumed

in all types of electric vehicles for the purpose of paragraphs

(a) and (b) of this regulation, there shall be used either the

average share of electricity from renewable energy sources

in the Community or the share of electricity from renewable

energy sources in Malta as measured two years before the

year in question. Furthermore, for the calculation of the

electricity from renewable energy sources consumed by

electric road vehicles, that consumption shall be considered

to be 2.5 times the energy content of the input of electricity

from renewable energy sources.

Regulation 8

Indicative trajectory

The indicative trajectory shall consist of the following shares of energy from

renewable sources

, as an average for the two-year period 2011 to 2012;

, as an average for the two-year period 2013 to 2014;

, as an average for the two-year period 2015 to 2016; and

, as an average for the two-year period 2017 to 2018,

where

= 0,0%,

and

= 10%

€1.12

(1) The gross final consumption of energy from

renewable sources shall be calculated as the sum of

(a) gross final consumption of electricity from

renewable energy sources;

(b) gross final consumption of energy from renewable

sources for heating and cooling; and

(c) final consumption of energy from renewable sources

in transport.

(2) Gas, electricity and hydrogen from renewable

energy sources shall be considered only once for the purposes

of paragraphs (a), (b) or (c) of subregulation (1), for calculating

the share of gross final consumption of energy from renewable

sources.

(3) Without prejudice to the provisions of the

Biofuels (Sustainability Criteria) Regulations, 2010, biofuels and

bioliquids that do not fulfill the sustainability criteria set out in

those regulations shall not be taken into account for the purposes

of the calculation of the gross final consumption of energy from

renewable sources.

(4) For the purposes of paragraph (a) of subregulation

(1), gross final consumption of electricity from renewable energy

sources shall be calculated as the quantity of electricity produced in

Malta from renewable energy sources, excluding the production of

electricity in pumped storage units from water that has previously

been pumped uphill. In multi-fuel plants using renewable and

conventional sources, only the part of electricity produced from

renewable energy sources shall be taken into account. For the

purposes of this calculation, the contribution of each energy source

shall be calculated on the basis of its energy content. The electricity

generated by hydropower and wind power shall be accounted

for in accordance with the normalisation rules set out in the First

Schedule to these regulations.

(5) Aerothermal, geothermal and hydrothermal heat

energy captured by heat pumps shall be taken into account for the

purposes of paragraph (b) of subregulation (1), provided that the

final energy output significantly exceeds the primary energy input

required to drive the heat pumps.

(6) The quantity of heat to be considered as energy

from renewable sources for the purposes of these regulations shall

be calculated in accordance with the methodology laid down in the

Third Schedule to these regulations.

(7) Thermal energy generated by passive energy

systems, under which lower energy consumption is achieved

passively through building design or from heat generated by energy

from non-renewable sources, shall not be taken into account for the

purposes of paragraph (b) of subregulation (1).

(8) The energy content of the transport fuels listed in

the Second Schedule to these regulations shall be taken to be as set

out in that Schedule.

(9) The share of energy from renewable sources

shall be calculated as the gross final consumption of energy from

renewable sources divided by the gross final consumption of

energy from all energy sources, expressed as a percentage. For the

purposes of subregulation (1), the sum referred to in subregulation

(1) shall be adjusted to take into account, whenever applicable

(a) statistical transfers with other Member States;

(b) the effects of joint projects with other Member

States and the effects of joint projects with other Member

States and third countries;

(c) joint support schemes, when carried out in

accordance with Malta’s international obligations.

In calculating the gross final energy consumption for Amount of energy

the purpose of measuring Malta’s compliance with the targets

and indicative trajectory laid down in Directive 2009/28/EC, the

amount of energy consumed in aviation shall, as a proportion of

the gross final consumption of energy, be considered to be no more

than 4.12 %.

The methodology and definitions used in the calculation Regulation (EC) No

of the share of energy from renewable sources shall be those of

Regulation (EC) No 1099/2008 of the European Parliament and of

the Council of 22 October, 2008 on energy statistics.

The Minister shall submit an amended national renewable

energy action plan to the Commission by the 30th June of the

following year from when the share of energy from renewable

sources falls below the indicative trajectory in the immediately

preceding two-year period set out in the Fourth Schedule. The

amended national renewable energy action plan shall set out

adequate and proportionate measures to rejoin, within a reasonable

timetable, the indicative trajectory in the Fourth Schedule.

The Promotion of Electricity produced from Renewable

2004. Energy Sources Regulations are hereby being revoked.

B