Lifecycle Greenhouse Gas Emissions from Fuels Regulations,

L.N. 556 of 2010

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Lifecycle Greenhouse Gas Emissions from Fuels 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 Lifecycle

Greenhouse Gas Emissions from Fuels Regulations, 2010.

(2) These regulations transpose Article 7a of Directive

98/70/EC by setting, in respect of road vehicles, and non-

road mobile machinery, agricultural and forestry tractors, and

recreational craft when not at sea, a target for the reduction of life

cycle greenhouse gas emissions.

In these regulations, unless the context otherwise

requires:-

“the Act” means the Malta Resources Authority Act;

“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;

“Clean Development Mechanism” means the mechanism

established pursuant to Article 12 of the Kyoto Protocol;

“greenhouse gas emissions per unit of energy” means

the total mass of CO 2 equivalent greenhouse gas emissions

associated with the fuel or energy supplied, divided by the

total energy content of the fuel or energy supplied (for fuel,

expressed as its low heating value);

“Kyoto Protocol” means the Kyoto Protocol to the

United Nations Framework Convention on Climate Change;

“life cycle greenhouse gas emissions” means all net

emissions of CO 2 , CH 4 and N 2 O that can be assigned to

the fuel (including any blended components) or energy

supplied. This includes all relevant stages from extraction

or cultivation, including land-use changes, transport and

distribution, processing and combustion, irrespective of where

those emissions occur;

“supplier” means the entity responsible for passing fuel

or energy through an excise duty point or, if no excise is due,

any other relevant entity designated by the Authority.

(1) The Authority shall designate any supplier

responsible for monitoring and reporting life cycle greenhouse

gas emissions per unit of energy from fuel and energy supplied.

In the case of providers of electricity for use in road vehicles, such

providers may choose to become a contributor to the reduction

obligation laid down in subregulation (3) if they can demonstrate

that they can adequately measure and monitor electricity supplied

for use in those vehicles.

(2) Suppliers shall report annually to the Authority, and

such reports shall be subject to verification, on the greenhouse gas

intensity of fuel and energy supplied by providing, as a minimum,

the following information

(a) the total volume of each type of fuel or energy

supplied, indicating where purchased and its origin; and

(b)

life cycle greenhouse gas emissions per unit of

energy

Provided that such report shall be in accordance to any

guidelines that the Authority may establish or adopt.

(3) Suppliers shall reduce as gradually as possible

life cycle greenhouse gas emissions per unit of energy from fuel

and energy supplied by up to 10 % by the 31 st December 2020,

compared with the fuel baseline standard specified by the Authority

based on the life cycle greenhouse gas emissions per unit of energy

from fossil fuels. Such reduction shall consist of

(a) 6 % by the 31 st December 2020, with suppliers

being also required to comply with the following intermediate

targets

(i) 2 % by the 31 st of December 2014; and

(ii) 4 % by 31 st of December 2017;

(b) an indicative additional target of 2 % by the 31 st

December 2020, to be achieved through one or both of the

following methods

(i) the supply of energy for transport supplied

for use in any type of road vehicle, non-road mobile

machinery, agricultural or forestry tractor or recreational

craft;

(ii) the use of any technology (including carbon

capture and storage) capable of reducing life cycle

greenhouse gas emissions per unit of energy from fuel

or energy supplied

Provided that such indicative additional target may

be subject to adjustments in order to assess possible

contributions for reaching a greenhouse gas reduction

target of up to 10 % by 2020;

(c) an indicative additional target of 2 % by the 31 st

December 2020 to be achieved through the use of credits

purchased through the Clean Development Mechanism of

the Kyoto Protocol under the conditions set out in Directive

2003/87/EC, for reductions in the fuel supply sector

Provided that additional measures may be introduced

by the Authority to allow suppliers to reduce by 2 % life

cycle greenhouse gas emissions per unit of energy, in

comparison with a fuel baseline standard based on the life

cycle greenhouse gas emissions per unit of energy from fossil

fuels, through the use of credits purchased through the Clean

Development Mechanism of the Kyoto Protocol under the

conditions set out in Directive 2003/87/EC.

(4) Life cycle greenhouse gas emissions from biofuels

shall be calculated in accordance with the provisions of the

Biofuels (Sustainability Criteria) Regulations, 2010. Lifecycle

greenhouse gas emissions from other fuels and energy shall be

calculated using a methodology required by the Authority.

(5) A group of suppliers may choose to meet the

reduction obligations pursuant to subregulation (3) hereof jointly.

In such case they shall be considered as a single supplier for the

purposes of subregulation (3).

The Authority may impose an administrative fine upon

any person who infringes any provision of these regulations or

who fails to comply with any directive or decision given by the

Authority in ensuring compliance with these regulations.

€0.37