92 tal-2010 - Regolamenti tal-2010 dwar Garanziji ta’ Oriġini ta’ Elettriku minn Koġenerazzjoni b’Effiċjenza Għolja u Sorsi Rinovabbli tal-Enerġija

L.N. 92 of 2010

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Guarantees of Origin of Electricity from High Efficiency

Cogeneration and Renewable Energy Sources Regulations,

By virtue of the powers conferred by 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 Guarantees of Origin

of Electricity from High Efficiency Cogeneration and Renewable

Energy Sources Regulations, 2010.

(2) The scope of these regulations is to establish

a regulatory framework for the issuing of guarantee of origin

certificates for electricity produced from high efficiency

cogeneration and, or that produced from renewable energy sources.

Regulation 4 (3)

Information to be submitted with an application for the issue of a guarantees of

origin certificate

1. The name and address, and if a company, the registration number, of the

person requesting the issue of the guarantees of origin.

2. Where the person signing a statement of entitlement required under

regulation 4(4) is not the same person making the request, the name and address of

the person signing the statement.

3. Whether the person requesting the issue of a guarantees of origin

certificate is the producer of electricity in respect of which the guarantees of origin

certificate is being requested and, if not, the name and address, and if a company,

the registration number of the producer.

4. The commencement and termination of the period covered by the

guarantees of origin certificate for which an application is made.

5. The place where the electricity in respect of which the guarantees of origin

certificate is being requested is produced, and the name, if any, of the type of plant

generating and, or producing electricity.

6. The quantity of electricity in respect of which the guarantees of origin

certificate is being requested, together with the total quantity of electricity being

produced by the plant during the period covered by the application.

7. Where electricity, in respect of which an application for the issue of

a guarantees of origin certificate is being submitted, was produced from a high

efficiency cogeneration

(a) the information relating to the plant in relation to the Second and

Third Schedules to the Cogeneration Regulations, 2007;

(b) the primary source of fuel from which the electricity was produced;

(c) the heat to power ratio of the plant; and

(d) the amount of useful heat being utilised during the period for which

the application is being submitted.

8. Where electricity in respect of which an application for the issue of a

guarantees of origin certificate is being submitted, was produced from renewable

energy sources

(a) the energy source or sources of electricity being produced; and

(b) the declared net capacities of the installation, with respect to each

source of energy of electricity being produced.

9. Such further information as the Authority may, in particular circumstances,

reasonably require

(a) for the purpose of ensuring the accuracy of the information required

under items 1 to 8 hereof; or

(b) to enable the Authority to be satisfied that any electricity produced

is from high-efficiency cogeneration or from renewable energy sources.

B

(1) Unless otherwise required under these regulations,

the definitions prescribed under the Act, the Cogeneration

Regulations, 2007 and the Promotion of Electricity produced from

Renewable Energy Sources Regulations, 2004 shall apply.

(2) 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 as

established by article 3 of the Act;

“cogeneration” shall have the same meaning as it has

under the Cogeneration Regulations, 2007;

“guarantees of origin certificate” means a certificate

issued by the Authority certifying that the origin of electricity

in respect of which the certificate is being issued, is being

produced from a high-efficiency cogeneration and, or from

renewable energy sources. Such interpretation shall not apply

to regulation 11 of these regulations;

“guarantees of origin certificate holder” means the

person in favour of whom the guarantees of origin certificate

is issued or the person to whom it is transferred;

“high-efficiency cogeneration” means that cogeneration

of electricity which meets the criteria listed in the Third

Schedule to the Cogeneration Regulations, 2007;

“Member State” means a member state of the European

Union;

“the Minister” means the Minister responsible for

resources;

“renewable energy sources” shall have the same

meaning as it has under the Promotion of Electricity produced

from Renewable Energy Sources Regulations, 2004;

“statement of entitlement” means a statement made to

the Authority in respect of the electricity which is the subject

of the application for the issue of a guarantees of origin

certificate.

Regulation 5(6)

Information to be contained in a guarantees of origin certificate

1. The name and address, and if a company, the registration number of the

person to whom the guarantees of origin certificate has been issued.

2. The date of issue of the guarantees of origin certificate.

3. The reference number given to the certificate issued by the Authority.

4. The commencement and the termination of the period to which the

guarantees of origin certificate relates.

5. The place where the electricity to which the guarantees of origin certificate

is being requested, is produced, and the name, if any, of the plant.

6. The total quantity of electricity generated from high efficiency

cogeneration calculated in accordance with Annex II of the Directive 2004/8/EC

or from renewable energy sources as defined in Article 2c of Directive 2001/77/EC

over the period to which the guarantees of origin certificate relates.

7. The energy source or sources of electricity being produced.

8. The declared net capacities of the installation with respect to each source

of energy of electricity being produced.

9. In the case of electricity produced from high efficiency cogeneration

(a) the lower calorific value of the source of fuel from which the

electricity was produced;

(b) the use of the heat generated together with the electricity produced

during the period for which the guarantees of origin certificate was issued;

(c) the quantity of electricity from high-efficiency cogeneration

calculated in terms of the Second Schedule to the Cogeneration Regulations,

2007;

(d) the primary energy savings calculated in terms of paragraph (b) of

the Third Schedule to the Cogeneration Regulations, 2007;

(e) the amount of heat utilised during the period to which the guarantees

of origin certificate relates;

(f) the quantity of fuel from which the electricity was produced;

(g) the power efficiency achieved;

(h) the achieved overall efficiency;

(i) the total quantity of electricity generated over the period to which

the guarantees of origin certificate relates.

The Authority shall issue guarantees of origin certificates Powers of the

to producers of electricity from high efficiency co-generation and, authority.

or from renewable energy sources, upon compliance with the

requirements of these regulations.

Regulation 10

Application fee payable in respect of an

Application for the issue of a guarantees of origin certificate

The applicable fee for applying for the issue of a guarantees of origin

certificate is of €175;

Application for the replacement of a guarantees of origin certificate

The applicable fee for applying for the replacement of a guarantees of origin

certificate where the replacement is required owing to a failure on the part of the

applicant is of €85;

Application for the transfer of a guarantees of origin certificate

The applicable fee for applying for the transfer of a guarantees of origin

certificate is of €25.

€1.12

(1) An application for the issue of a guarantees of origin

certificate shall cover a period of at least four months.

(2) No application may be made with the Authority for

the issue of a guarantees of origin certificate in respect of electricity

generated outside Malta.

(3) An application for the issue of a guarantees of

origin certificate shall not be considered valid unless the Authority

is provided with

(a) all the information specified in the First Schedule

to these regulations;

(b) a statement of entitlement submitted by the

applicant; and

(c) payment of the application fee for the issue of the

guarantees of origin certificate to be made payable to the

Authority in terms of regulation 10 of these regulations.

(4)

A statement of entitlement shall include the

following

(a) a declaration that the producer of electricity is

entitled to the issue of a guarantees of origin certificate; and

(b) a declaration that such person has never submitted

and does not intend to submit a request for the issue of

a guarantees of origin certificate to any other person or

authority outside Malta with respect to the electricity which is

the subject of the application.

(1) The Authority shall acknowledge in writing, to

the applicant, by means of a receipt issued in respect of a valid

application within fifteen days from the date of the receipt of such

application.

(2) The Authority shall issue a guarantees of origin

certificate with respect of electricity produced from high efficiency

co-generation and, or from renewable energy sources having regard

to the following

(a) an application received in accordance with

regulation 4 of these regulations; and

(b) where it is satisfied that the electricity about

which the application is being made is duly produced from

high-efficiency cogeneration and, or from renewable energy

sources.

(3) A guarantees of origin certificate shall be issued to

the person submitting the application or to such other person as

may be indicated in the application.

(4) The guarantees of origin certificate shall only be

issued with regard to the electricity to which the request being

made in the application refers to.

(5) A guarantees of origin certificate issued in relation

to electricity produced from high efficiency cogeneration and, or

from renewable energy sources shall be issued with respect to each

megawatt hour of electricity produced and such megawatt hours

shall be rounded up to the nearest megawatt hour and shall not

include electricity being consumed for the plant’s own use when

producing electricity.

(6)

A guarantees of origin certificate

(a) shall contain all the information listed in the

Second Schedule to these regulations; and

(b) may contain such other related information as the

Authority may deem fit and appropriate to include.

(7) Where a guarantees of origin certificate has been

issued in terms of these regulations and such certificate is not at

any time revoked, the Authority shall not issue another guarantees

of origin certificate with respect to the electricity for which a

guarantee of origin certificate has already been issued.

(1) A holder of a guarantees of origin certificate may

request the Authority by means of an application submitted to the

Authority, to replace the guarantee of origin certificate, if

(a) the holder of the of the guarantees of origin

certificate believes that the guarantee of origin certificate

contains inaccurate information; and

(b) the application is made in writing to the Authority

within 21 days from the date of issue of the guarantees of

origin certificate.

(2) An application for the replacement of a guarantees

of origin certificate shall contain the following information

(a) statement of the particulars of the guarantees of

origin certificate that the holder believes are inaccurate; and

(b) provision of all necessary information in support

of that request.

(3) The Authority shall within 40 working days

from the date of the receipt of the application, decide whether a

replacement or otherwise shall take place with regard to the

guarantees of origin certificate, taking into consideration the

information submitted to it in this regard, and in doing so the

Authority shall give reasons for its decisions

Provided that the Authority may where it deems it

necessary, revoke the guarantees of origin certificate in terms of

regulation 8 of these regulations

Provided further that in either case mentioned in sub-

regulation (3) hereof, failure on the part of the Authority to give

reasons for decisions shall not mean, in any manner whatsoever,

that a replacement of the existing certificate of guarantees of origin

or the issuing of a new certificate has been tacitly granted by the

Authority.

(4) The Authority may extend the 40 working day

period referred to in sub-regulation (3) hereof for a further period

of 40 working days and in doing so the Authority shall inform the

applicant in writing of such extended period.

(5) If the Authority decides to issue a replacement for

the guarantees of origin certificate it shall do so as soon as possible.

The Authority shall inform the holder as soon as possible by means

of a written notice if it decides not to replace the guarantees of

origin certificate.

(1) If a guarantees of origin certificate holder no longer

operates the plant to which such certificate relates, such holder may

request the Authority to transfer the certificate to the person who

operates that plant by means of an application.

(2) An application for the transfer of a guarantee of

origin certificate shall be valid if it contains the following

(a) the details of the guarantee of origin certificate in

terms of which an application for transfer is being made; and

(b) the details of the existing holder of the guarantees

of origin certificate and of the person in favour of whom the

application for transfer of the certificate of guarantee of origin

is being made; and

(c) satisfactory evidence of the matters referred to in

sub-regulation (1) hereof

Provided that such application shall be accompanied by

the application fee applicable for the transfer of the guarantees

of origin certificate.

(3) The Authority shall upon the receipt of a valid

application for the transfer of a guarantees of origin certificate,

amend the register referred to in regulation 9 of these regulations.

(1) The Authority shall revoke a guarantees of origin

certificate where

(a) it decides that the guarantees of origin certificate is

inaccurate;

(b) it is satisfied that the information provided under

regulation 4 of these regulations is incorrect in a material

particular; and, or

(c) it is otherwise satisfied that the guarantees of origin

certificate should not have been issued, is inaccurate, or was

issued to the wrong person.

(2) Where the Authority revokes a guarantees of origin

certificate, it shall as soon as it is reasonably practicable, inform

the holder of the existing certificate in writing of such revocation.

(3) A guarantees of origin certificate which has been

revoked by the Authority under paragraph (a) of sub-regulation

(1) hereof shall be treated as if it has never been issued and for

the purpose of paragraphs (b) and (c) of sub-regulation (1) hereof,

it shall cease to have effect from the date when the information

referred to in sub-regulation (2) hereof is given by the Authority.

(1) The Authority shall maintain a register, which may

be in electronic format, and which shall contain the following

(a) details of the application received for the issuing

of the guarantees of origin certificate and also details of

the guarantees of origin certificate issued by the Authority,

including the date when such certificate was issued;

(b) details of the guarantees of origin certificate holder

including details of transfers of certificate, if any;

(c) the energy source or sources from which the

electricity is being produced and to which the guarantees of

origin certificate relates;

(d) the duration period of the guarantees of origin

certificate;

(e) the place whereby the electricity to which the

certificate of guarantees of origin relates is being produced;

and

(f) a list of those certificates of guarantees of origin

which have been revoked in terms of regulation 8 of these

regulations including the date when such have been revoked.

(2) The Authority shall, when issuing a guarantees

of origin certificate, allocate a unique reference number to each

certificate issued by it.

(3) The register shall be conclusive as regards whether

a guarantees of origin certificate subsists and as to the person who

is the registered guarantees of origin certificate holder.

(1) A non-refundable fee as established in the

Third Schedule to these regulations shall be made payable to

the Authority by the applicant together with his application for

the issuing of, replacement or transfer of a guarantees of origin

certificate.

(2) The Authority shall not be required to process

an application for the issuing of, replacement or transfer of a

guarantees of origin certificate unless the application fee which

applies in this regard is paid.

B