126 tal-2011

L.N. 126 of 2011

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Guarantees of Origin of Electricity from High Efficiency

Cogeneration and Renewable Energy Sources (Amendment)

Regulations, 2011

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:-

The title of these regulations is the Guarantees of Origin

of Electricity from High Efficiency Cogeneration and Renewable

Energy Sources (Amendment) Regulations, 2011 and they shall

be read and construed as one with the Guarantees of Origin of

Electricity from High Efficiency Cogeneration and Renewable

Energy Sources Regulations, 2010, hereinafter referred to as “the

principal regulations”.

Regulation 1 of the principal regulations shall be

amended as follows

(a)

sub-regulation (1) thereof shall be substituted as

follows

“The title of these regulations is Guarantees of

Origin of Electricity from High Efficiency Cogeneration

and Electricity, Heating and, or Cooling from Renewable

Energy Sources Regulations, 2010.”; and

(b) in sub-regulation (2) thereof, for the words

“renewable energy sources.” there shall be substituted the

words “renewable energy sources and, for the purposes of

providing to final consumers the share or quantity of energy

from renewable sources in an energy supplier’s energy mix to

ensure that the origin of electricity produced from renewable

energy sources can be guaranteed in accordance with

objective, transparent and non-discriminatory criteria. These

regulations also transpose Article 15 of Directive 2009/28/EC

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 2 of the principal regulations shall be

amended as follows

(a) immediately after the definition “cogeneration”

there shall be added the following new definitions

“ “energy” means all forms of available energy,

including electricity, heating, cooling, liquefied

petroleum gas, any fuel for heating and cooling, coal and

transport fuels;

“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;

“energy producer” shall have the same meaning as

that provided for in the Biofuels (Sustainability) Criteria

Regulations, 2010;

“energy supplier” shall have the same meaning as

that provided for in the Biofuels (Sustainability) Criteria

Regulations, 2010;

“final consumer” means a natural or legal person,

who consumes or purchases energy for own use and not

for wholesale or retail purposes;

(b) for the definition “guarantees of origin certificate”

there shall be substituted the following definition

“ “guarantees of origin certificate” means an

electronic document issued by the Authority which has

the sole function of providing proof to a final consumer

that a given share or quantity of electricity was produced

from high-efficiency cogeneration or that a given share

or quantity of electricity, heating and, or cooling was

produced from renewable energy sources;”;

(c) the definition “renewable energy sources” shall be

deleted; and

(d) for the definition “statement of entitlement” there

shall be substituted the following new definition

“ “statement of entitlement” means a statement

made to the Authority in respect of the electricity,

heating and, or cooling which is the subject of the

application for the issue of a guarantees of origin

certificate.”.

In regulation 3 of the principal regulations, immediately Amends regulation

after the words “co-generation and, or” there shall be added the regulations.

words “to producers of electricity, heat and, or cooling”.

In regulation 4 of the principal regulations, immediately

after the word “electricity” wherever it occurs, there shall be added

the words “, heat and, or cooling”.

Regulation 5 of the principal regulations shall be

amended as follows

(a) for sub-regulation (2) thereof, there shall be

substituted the following

“(2) The Authority shall issue a guarantees of

origin certificate with respect of electricity produced

from high efficiency co-generation and, or to

producers of electricity, heat and, or cooling produced

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; or

(c) where it is satisfied that the electricity,

heat or cooling about which the application is being

made is duly produced from renewable energy

sources.”;

(b) in sub-regulations (4) and (7) thereof immediately

after the word “electricity” wherever it occurs, there shall be

added the words “, heat and, or cooling”;

(c) in sub-regulation (5) thereof immediately after

the words “co-generation and, or” there shall be inserted

the words “electricity, heat and, or cooling produced” and

immediately after the words “megawatt hour of electricity”

there shall be added the words “, heat and, or cooling”;

(d) immediately after sub-regulation (7) thereof, there

shall be added the following new sub-regulation

“(8) The Authority may set a minimum capacity

limit when considering the energy unit of guarantees of

origin certificates.”.

Sub-regulation (1) of regulation 9 of the principal

regulations shall be amended as follows

(a) in paragraphs (c) and (e) thereof, immediately after

the word “electricity” there shall be added the words “heat

and, or cooling”; and

(b) paragraph (d) thereof shall be deleted; and

(c) paragraphs (e) and (f) shall be renumbered as

paragraphs (d) and (e) respectively.

Immediately after regulation 10 of the principal

regulations there shall be added the following new regulations

(1) A guarantees of origin certificate from

renewable energy sources shall be used within twelve

months of the production of the corresponding energy

unit.

(2) A guarantees of origin certificate shall be

cancelled by the Authority upon its use.

The Authority may require that no support be

granted to an energy producer that receives a guarantees

of origin certificate for the same production of energy

from renewable sources.”.

9. The First Schedule to the principal regulations shall be

amended as follows

(a) for paragraph 3 thereof there shall be substituted

the following

“3. Whether or not the person requesting the

issue of a guarantees of origin certificate is the producer

of electricity, heat and, or cooling in respect of which

the guarantees of origin certificate is being requested,

the name and address, and if a company, the registration

number of the producer.”;

(b) for paragraphs 5 and 6 thereof there shall be

substituted the following

“5. The place where the electricity, heat and,

or cooling in respect of which the guarantees of origin

certificate is being requested is produced, the name, if

any, of the type of plant generating and, or producing

electricity, and the date of the installation’s first

operational date.

6. The quantity of electricity, heat and, or cooling

in respect of which the guarantees of origin certificate

is being requested, together with the total quantity of

electricity, heat and, or cooling being produced by the

plant during the period covered by the application.”; and

(c) for paragraph 8 thereof there shall be substituted

the following

“8. Where electricity, heat and, or cooling

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, heat and, or cooling being produced;

and

(b) the declared net capacities of the

installation, with respect to each source of

energy of electricity, heat and, or cooling being

produced.”.

10. For paragraphs 5, 6, 7 and 8 of the Second Schedule to

the principal regulations, there shall be substituted the following

“5. The place where the electricity, heat and, or cooling

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, heat and, or cooling

generated over the period to which the guarantees of origin

certificate relates.

7. The energy source or sources of electricity, heat and,

or cooling being produced.

8. The declared net capacities of the installation with

respect to each source of energy of electricity, heat and, or

cooling being produced.”.

€0.54