Stationary Installations Regulations, 2013

L.N. 434 of 2013

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

European Union Greenhouse Gas Emissions Trading Scheme for

Stationary Installations Regulations, 2013

IN exercise of the powers conferred by article 61 of the

Environment and Development Planning Act and by article 28 of the

Malta Resources Authority Act, the Minister for Sustainable

Development, the Environment and Climate Change and the Minister

for Energy and the Conservation of Water, after consultation with the

Malta Environment and Planning Authority and the Malta Resources

Authority, have made the following regulations:-

(1)

The title of these regulations is the European Union

Greenhouse Gas Emissions Trading Scheme for Stationary

Installations Regulations, 2013.

(2) These regulations provide for the implementation in Malta

of the European Union scheme for greenhouse gas emissions

allowance trading for activities listed in Schedule 1 to these

regulations, for the period commencing 1st January, 2013 and any

subsequent periods. These regulations also transpose Directive 2009/

29/EC amending Directive 2003/87/EC so as to improve and extend

the greenhouse gas emission allowance trading scheme of the

Community in so far as it relates to stationary installations.

(3) These regulations shall be deemed to have come into force

on the 1st January, 2013.

For the purposes of these regulations and unless the

context otherwise requires, the following definitions shall apply

"account holder" means a natural or legal person that holds an

account in the Union registry;

"the Act" means the Malta Resources Authority Act;

"allowance" means an allowance to emit one tonne of carbon

dioxide equivalent during a specific period, which shall be valid for

the purposes of meeting the requirements of these regulations and

shall be transferable in accordance with the provisions of these

regulations;

"auctioneer" means the Debt Management Office within the

Treasury Department appointed by the Government to auction

allowances on its behalf;

"authorised representatives" means the representatives,

nominated by an account holder in respect of an account in the Union

registry, to have access to that account and undertake processes

relating to that account on behalf of the account holder;

"the Authority" means the Malta Resources Authority

established by article 3 of the Act;

"cancellation" means the definitive disposal of an allowance by

its holder or by the national registry administrator as may be

applicable;

"certified emissions reduction" or "CER" means a unit issued

pursuant to Article 12 of the Kyoto Protocol and the decisions

adopted pursuant to the UNFCCC or the Kyoto Protocol;

"Chapter II allowance" means an allowance allocated and issued

in respect of aviation activities listed in Annex I to Directive 2003/87/

EC, in accordance with Chapter II of Directive 2003/87/EC;

"Chapter III allowance" means an allowance allocated and

issued in respect of activities listed in Annex I to Directive 2003/87/

EC other than aviation activities, in accordance with Chapter III of

Directive 2003/87/EC;

"combustion" means any oxidation of fuels, regardless of the

way the heat, electrical or mechanical energy produced by this

process is used, and any other directly associated activities, including

waste gas scrubbing;

"the Commission" means the European Commission;

"confidential information" means any non-public information

deemed to be sensitive by the operator and, or, any privileged

information falling within the scope of these regulations, disclosed

only for promoting and elaborating certain purposes. It shall include,

inter alia

(a)

trade secrets;

(b)

any other information having a commercial value

that would be, or could reasonably be expected to be, destroyed

or diminished if the information were disclosed; or

(c)

information other than trade secrets or information

under paragraph (b) concerning a person, organisation or

undertaking in respect of their business, professional,

commercial or financial affairs;

"deviation" means, in respect of monitoring of annual

emissions, the use of a monitoring approach that is different, in full or

in part, from the approved monitoring and reporting plan, which use

is of a temporary nature;

"Directive 2003/87/EC" means Directive 2003/87/EC of the

European Parliament and of the Council of 13 October 2003

establishing a scheme for greenhouse gas emission allowance trading

within the Community and amending Council Directive 96/61/EC;

"Directive 2009/29/EC" means Directive 2009/29/EC of the

European Parliament and of the Council of 23 April 2009 amending

Directive 2003/87/EC so as to improve and extend the greenhouse gas

emission allowance trading scheme of the Community;

"Directive 2009/31/EC" means Directive 2009/31/EC of the

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

geological storage of carbon dioxide and amending Council Directive

85/337/EEC of the European Parliament and Council Directives

2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and

Regulation (EC) No 1013/2006;

"economically justifiable demand" means the demand that does

not exceed the needs for heat or cooling and which would otherwise

be satisfied at market conditions by energy generation processes other

than cogeneration;

"electricity generator" means an installation that, on or after the

1st January, 2005, has produced electricity for sale to third parties,

and in which no activity listed in Schedule 1 is carried out other than

the combustion of fuels;

"emissions" means the release into the atmosphere of

greenhouse gases specified in respect of an activity listed in Schedule

1, from sources in an installation performing that activity;

"emission reduction unit" or "ERU" means a unit issued

pursuant to Article 6 of the Kyoto Protocol and the decisions adopted

pursuant to the United Nations Framework Convention on Climate

Change or the Kyoto Protocol;

"greenhouse gases" means the gases listed in Schedule 2;

"greenhouse gas emissions permit" means the permit issued

pursuant to regulation 6;

"high efficiency cogeneration" means cogeneration meeting the

criteria for high efficiency cogeneration set out in the Cogeneration S.L. 423.27.

Regulations;

"installation" means a stationary technical unit where one or

more activities listed in Schedule 1 are carried out and any other

directly associated activities which have a technical connection with

the activities carried out on that site and which could have an effect

on emissions and pollution;

"Joint Implementation project activity" or "JI project activity"

means a project activity undertaken in accordance with Article 12 of

the Kyoto Protocol and decisions adopted pursuant to the United

Nations Framework Convention on Climate Change or the Kyoto

Protocol;

"Kyoto Protocol" means the Kyoto Protocol to the United

Nations Framework Convention on Climate Change;

"least developed countries" means those countries included in

the list of Least Developed Countries as defined by the Committee for

Development Policy and endorsed by the Economic and Social

Council of the United Nations;

"Member State" means a state which is a member of the

European Union and which, for the purpose of these regulations,

includes Iceland, Liechtenstein and Norway;

"the Minister" means the Minister responsible for climate

change policy;

"modification" means, in respect of monitoring of annual

emissions, a permanent change in an approved monitoring plan, in

full or in part, and, where it is deemed to be of a significant nature,

shall require the approval of the Authority to become valid;

"National Accreditation Board - Malta" means the National

Accreditation Board established by the National Accreditation Board S.L. 419.07.

(Malta) (Establishment) Regulations;

"national registry administrator" means the entity responsible

for the administering of operator holding accounts on behalf of the

Government, which operator holding accounts are under the

jurisdiction of the Government in the Union registry, and designated

in accordance with relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC;

"new entrant" means

(a)

any installation carrying out one or more of the

activities listed in Schedule 1, which has obtained a greenhouse

gas emissions permit for the first time after the 30th June, 2011;

or

(b)

any installation carrying out an activity which is

included in the Union greenhouse gas emissions trading scheme

for the first time after the commencement of the period starting

the 1st January, 2013 or any subsequent period in accordance

with any decisions or regulations adopted by the Commission

pursuant to Directive 2003/87/EC; or

(c)

any installation carrying out one or more of the

activities listed in Schedule 1, which has had a significant

capacity extension after the 30th June, 2011, only in so far as

this extension is concerned;

(d)

any installation carrying out an activity which is

included in the Union greenhouse gas emissions trading scheme

after the commencement of the period starting the 1st January,

2013 or after the commencement of any subsequent period in

accordance with any decisions or regulations adopted by the

Commission pursuant to Directive 2003/87/EC, which has had a

significant capacity extension after the 30th June, 2011, only in

so far as this extension is concerned;

"operator" means any person who operates or controls an

installation;

"person" means any natural or legal person;

"proposed transferee" means a person who receives from

another person the greenhouse gas emissions permit, in whole or in

part, issued for the installation;

"proposed transferor" means an operator of an installation who

transfers to another person the greenhouse gas emissions permit, in

whole or in part, issued for the installation;

"the public" means one or more persons, associations,

organisations or groups of persons;

"Regulation (EC) No 765/2008" means Regulation (EC) No

765/2008 of the European Parliament and of the Council of 9 July

2008 setting out the requirements for accreditation and market

surveillance relating to the marketing of products and repealing

Regulation (EEC) No 339/93;

"surrender" means the accounting of an allowance by an

operator of an installation against the verified emissions of the

installation;

"tonne of carbon dioxide equivalent" means one metric tonne of

carbon dioxide (CO 2 ) or an amount of any other greenhouse gas listed

in Schedule 2 with an equivalent global-warming potential;

"the Union" or the "European Union" means the European

Union as established by the Treaty on the European Union as

amended by the Lisbon Treaty of 2009, as may be subject to

subsequent amendments;

"Union registry" means the registry established and maintained

in accordance with Article 19 of Directive 2003/87/EC as amended

by Directive 2009/29/EC for the execution of processes pertaining to

the maintenance of holding accounts and the allocation, surrender and

cancellation of allowances;

"UNFCCC" means the United Nations Framework Convention

on Climate Change which entered into force on the 21st March, 1994;

"verifier" means a legal person or another legal entity carrying

out verification activities pursuant to these regulations and accredited

by a national accreditation body pursuant to Regulation (EC) No 765/

2008 and relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC, or a natural person

otherwise authorised, without prejudice to Article 5(2) of Regulation

(EC) 765/2008, at the time a verification report is issued.

These regulations shall apply to operators of installations Applicability.

situated in the territory of Malta and carrying out one or more

activities listed in Schedule 1 resulting in emissions of the greenhouse

gases specified in respect of those activities in Schedule 1.

(1)

No operator of an installation shall carry out any Greenhouse gas

activity listed in Schedule 1 resulting in emissions specified in emissions

permits.

relation to that activity unless such operator holds a permit issued by

the Authority in accordance with regulation 6.

(2) Where an operator of an installation carries out any

activity listed in Schedule 1 without holding a permit in accordance

with sub-regulation (1), the operator of that installation shall be liable

to the imposition of an administrative fine

(a)

where emissions of an installation during that year

are equal to or less than fifty thousand (50,000) tonnes carbon

dioxide equivalents, of ten thousand euro (€10,000), and one

hundred euro (€100) for each day of non-compliance from the

date of a notice given by the Authority to the operator;

(b)

where emissions of an installation during that year

are more than fifty thousand (50,000) tonnes of carbon dioxide

equivalents and equal to or less than five hundred thousand

(500,000) tonnes of carbon dioxide equivalent, of fifty thousand

euro (€50,000), and three hundred euro (€300) for each day of

non-compliance from the date of a notice given by the Authority

to the operator;

(c)

where emissions of an installation during that year

are more than five hundred thousand (500,000) tonnes of carbon

dioxide equivalents, of one hundred thousand euro (€100,000),

and six hundred euro (€600) for each day of non-compliance

from the date of a notice given by the Authority to the operator.

(3) For the purposes of determining the administrative fine

under sub-regulation (2), where the emissions of the installation are

not known or are not reported or where the Authority is satisfied that

there is no reasonable possibility that the quantity of emissions will

be reported by the operator of the installation, the Authority may

itself determine the emissions from the activities performed in that

installation. The Authority shall use best available data and ensure

that a conservative estimate is made that does not underestimate

emissions. The operator of the installation shall be liable to the

imposition of an administrative fine equal to the amounts established

in sub-regulation (2) in respect of the quantity of emissions estimated

in terms of this sub-regulation.

(4) A permit issued by the Authority in accordance with sub-

regulation (1) shall be valid for the duration of the performance of the

activity or activities listed in Schedule 1 in respect of which the

permit is issued, unless the permit is surrendered in accordance with

regulation 9 or revoked in accordance with regulation 10.

(5) The Authority shall ensure that permits issued by it in

accordance with sub-regulation (1) shall be made publicly available.

An operator of an installation carrying out an Applications for

activity listed in Schedule 1 shall apply to the Authority for a greenhouse

emissions

greenhouse gas emissions permit.

permits.

(2) An operator of an installation shall submit an application

for a greenhouse gas emissions permit. The application shall be

submitted at least one hundred and twenty days before the

commencement of activities listed in Schedule 1 in respect of which

the application for a permit is to be submitted, unless otherwise

agreed in writing between the applicant and the Authority.

(3) An application made to the Authority for a greenhouse gas

emissions permit shall include, inter alia, the following

(a)

information as may be requested by the Authority

about the operator of the installation;

(b)

information as may be requested by the Authority

about the applicant, if different from the operator of the

installation;

(c)

a description of the installation and activities listed

in Schedule 1 to be carried out in the installation, including the

technology used;

(d)

the raw and auxiliary materials, the use of which is

likely to lead to emissions of gases specified in Schedule 1 in

respect of the activities to be carried in the installation;

(e)

the sources of emissions of gases listed in Schedule

1 from the installation;

(f)

a description of the measures planned to monitor

and report emissions in accordance with regulations 15 and 16;

(g)

any other appropriate information requested by the

(h)

any other information that the applicant wishes the

Authority to take into account when considering the application;

(i)

a non-technical summary of the details referred to

in paragraphs (c) to (f).

(4) Any operator who prior to the entry into force of these

regulations is in possession of a valid greenhouse gas emissions

permit issued under the European Community Greenhouse Gas L.N.

2005. Emissions Trading Scheme Regulations, 2005, shall continue to hold

such permit under existing conditions until such conditions are

revised by the Authority

Provided that any such operator shall comply with such

revised conditions which may be issued by the Authority and with

effect from such date as the Authority shall establish.

(1)

Operatur ta’ installazzjoni li tkun qegħda twettaq xi

attività elenkata fl-iSkeda 1 għandu japplika għand l-Awtorità għal

permess għal emissjonijiet tal-gassijiet serra.

(2) Operatur

ta’

installazzjoni

għandu

jippreżenta

applikazzjoni għal permess għal emissjonijiet tal-gassijiet serra. L-

applikazzjoni għandha tiġi ppreżentata mill-inqas mija u għoxrin

ġurnata qabel il-bidu fis-seħħ tal-attivitajiet elenkati fl-iSkeda 1 li

dwarhom għandha tiġi ppreżentata l-applikazzjoni għal permess,

kemm-il darba ma jiġix miftiehem xort’oħra bil-miktub bejn l-

applikant u l-Awtorità.

(3) Applikazzjoni li ssir lill-Awtorità għal permess għal

emissjonijiet tal-gassijiet serra għandha fost l-oħrajn tkun tinkludi

dan li ġej

(a)

dik l-informazzjoni li tista’ tintalab mill-Awtorità

dwar l-operatur tal-installazzjoni;

(b)

dik l-informazzjoni li tista’ tintalab mill-Awtorità

dwar l-applikant, jekk dan ma jkunx l-istess operatur tal-

installazzjoni;

(ċ)

deskrizzjoni tal-installazzjoni u attivitajiet elenkati

fl-iSkeda 1 li għandhom jitwettqu fl-installazzjoni, inkluża t-

teknoloġija użata;

(d)

xi jkun il-materjal grezz u awżiljari, li meta jintuża

x’aktarx iwassal għal emissjonijiet ta’ gassijiet speċifikati fl-

iSkeda 1 dwar l-attivitajiet li għandhom jitqwettqu fl-

installazzjoni;

(e)

is-sorsi ta’ emissjonijiet ta’ gassijiet elenkati fl-

iSkeda 1 mill-installazzjoni;

(f)

deskrizzjoni tal-miżuri ppjanati għall-monitoraġġ u

rappurtar ta’ emissjonijiet kif previst fir-regolamenti 15 u 16;

(g)

kull informazzjoni adatta oħra li tintalab mill-

Awtorità;

(h)

kull informazzjoni oħra li l-applikant ikun irid lill-

Awtorità tqis meta din tkun qegħda tifli l-applikazzjoni tiegħu;

(i)

sommarju mhux ta’ xorta teknika tad-dettalji

msemmija fil-paragrafi (ċ) sa (f).

(4) Kull operatur li qabel id-dħul fis-seħħ ta’ dawn ir-

regolamenti jkollu fil-pussess tiegħu permess validu għal

emissjonijiet tal-gassijiet serra maħruġin taħt ir-Regolamenti dwar A.L. 140 tal-

2005. Skema Kummerċjali tal-Komunità Ewropea dwar l-Emissjonijiet ta’

Gassijiet Serra, għandu jibqa’ jżomm dak il-permess taħt il-

kondizzjonijiet li jkunu jeżistu sakemm dawk il-kondizzjonijiet ma

jiġux riveduti mill-Awtorità

Iżda kull operatur bħal dak għandu jikkonforma ruħu ma’

dawk il-kondizzjonijiet riveduti li jistgħu jinħarġu mill-Awtorità u

b’seħħ minn dik id-data li l-Awtorità għandha tistabbilixxi.

(1)

The Authority shall issue a greenhouse gas

emissions permit granting authorisation to emit greenhouse gases

from all or part of an installation for which the application for a

permit is made, if it is satisfied that the operator of the installation is

capable of complying with the requirements of these regulations and

the conditions of the permit. A permit shall be issued within a period

of ninety days from the date on which the Authority receives the

application for a permit, unless otherwise agreed in writing between

the operator and the Authority.

(2) A greenhouse gas emissions permit issued by the Authority

may cover one or more installations on the same site operated by the

same operator. A greenhouse gas emissions permit may not cover two

or more installations situated on different sites. A greenhouse gas

emissions permit may not cover two or more installations on the same

site operated by different operators.

(3) The Authority shall, when issuing a greenhouse gas

emissions permit, ensure that the permit includes, inter alia, the

following

(a)

the name and address of the operator;

(b)

the name and address of the installation;

(c)

a description of the activities and emissions

covered by the permit;

(d)

a reference to monitoring, reporting and

verification requirements including the requirement to have a

monitoring plan approved by the Authority;

(e)

an obligation to report verified emissions of

greenhouse gases specified for the activity or activities listed in

Schedule 1 for each calendar year, within three months

following the end of that year;

(f)

an obligation to surrender allowances equal to the

total emissions of the installation in each calendar year within

four months following the end of that year;

(g)

requirements for any notifications to be made to the

Authority;

(h)

a requirement to pay penalties for non-compliance

with paragraph (f);

(i)

any other conditions that the Authority considers

appropriate to ensure compliance with the requirements of these

regulations.

(4) The Authority shall review a greenhouse gas emissions

permit issued to an operator of an installation at least every five years

and make amendments to the permit as appropriate.

(5) The Authority may, at any time, vary the conditions of a

permit in such a manner as it may deem fit, and issue an updated

permit

Provided that it shall inform the operator covered by the

permit of such variations by not later than thirty days prior to the

issuance of an updated permit.

(1)

The operator of an installation for which a Changes

greenhouse gas emissions permit has been issued shall notify the relating

installations.

Authority of

(a)

any changes planned in the nature or functioning of

the installation; or

(b)

any extension or reduction of the capacity of the

installation, which may require the updating of the greenhouse

gas emissions permit; or

(c)

in the case of a permit covering more than one

installation on the same site operated by the same operator, any

instance where one or more installations cease carrying out all

of the activities listed in Schedule 1 covered by the permit but

the operator continues to carry out at least one activity in one

installation under that permit

Provided that any such notification must be made in

writing at least one hundred and twenty days prior to such change,

extension or reduction of capacity is effectively to take place.

(2) The Authority shall, where appropriate, update the

greenhouse gas emissions permit accordingly, within a period of

ninety days from the date on which the Authority receives a

notification pursuant to sub-regulation (1), unless otherwise agreed in

writing between the operator and the Authority.

(3) Where there is a change in the name of the operator of an

installation, the Authority shall update the permit to include the name

and address of the new operator

Provided that the Authority shall be notified by the

operator, in writing, of the change in the name of the operator of the

installation at least sixty days before such a change is effectively to

take place.

(4) An operator that allows the coming into effect of changes

listed under sub-regulation (1) without notifying the Authority of

such changes in accordance with this regulation shall be liable to the

imposition of an administrative fine of five thousand euro (€5,000).

(5) Where a change in the name of the operator of an

installation comes into effect without such a change having been

notified to the Authority in accordance with sub-regulation (3), the

operator of the installation shall be liable to the imposition of an

administrative fine of one thousand euro (€1,000).

(6) The Authority shall notify the national registry

administrator of any changes made to a permit pursuant to this

regulation. The national registry administrator shall ensure that any

changes required are made to the account or accounts relating to the

installation or installations for which the changes to the permit relate,

so as to reflect such changes.

(1)

An operator of an installation ("proposed

transferor") may transfer to another person ("proposed transferee"), in

whole or in part, the greenhouse gas emissions permit issued to the

installation.

(2) An application for the transfer of a permit shall be

submitted to the Authority, in writing, jointly by the proposed

transferor and the proposed transferee.

(3) An application under sub-regulation (2) shall include the

following information

(a)

the name and address of the proposed transferor;

(b)

the name and address of the proposed transferee;

(c)

the name and address of the installation to which

the greenhouse gas emissions permit relates;

(d)

in the case of a request to transfer a permit in part,

information identifying the activity or activities or part of an

activity or activities to which the transfer of permit applies.

The Authority may request any additional information it

deems necessary to process an application for the transfer of a permit.

(4) The Authority shall carry out a transfer of a greenhouse

gas emissions permit, if it satisfied that the proposed transferee is

capable of complying with the requirements of these regulations and

the conditions of the permit. The transfer shall be carried out

(a)

in the case of a transfer of a permit in whole, by

transferring the permit for the installation to the proposed

transferee, updated to include the name and address of the

proposed transferee as the operator of the installation;

(b)

in the case of a transfer of a permit in part, by

(i) issuing a new greenhouse gas emissions

permit to the proposed transferee, recording the transfer,

identifying the activity or activities or part of an activity or

activities to be transferred and identifying the proposed

transferee as the operator in respect of the activity or

activities covered by the new permit;

(ii) revising and reissuing the greenhouse gas

emission permit to the proposed transferor, recording the

transfer, and the permit shall be updated so as to identify

the activity or activities to be carried out in the installation

operated by the proposed transferor.

(5) The transfer of a permit shall come into effect at a time

agreed between the proposed transferor, proposed transferee and the

Authority, as shall be recorded in the permit.

(6) The Authority shall notify the national registry

administrator of any application for the transfer of a permit made to it

and the coming into effect of such a transfer. The national registry

administrator shall ensure that any changes required are made to the

account or accounts relating to the installation or installations to

which the transfer of a permit relates so as to reflect the transfer of the

permit.

(1)

An operator who ceases to carry out all of the Surrender of

activities listed in Schedule 1 in all of the installations covered by a greenhouse

emissions

greenhouse gas emissions permit shall surrender the permit.

permits.

(2) An application for the surrender of a permit shall be

submitted to the Authority, in writing, by not later than thirty days

from the date on which the operator has ceased to carry out the

activity or activities in the installation to which the greenhouse gas

emissions permit relates.

(3) An application for the surrender of a permit shall include

the following

(a)

the name and address of the applicant;

(b)

the name and address of the installation to which

the greenhouse gas emissions permit relates;

(c)

the date on which the activity or activities have

ceased being carried out.

(4) The Authority shall process an application for the

surrender of a permit submitted in accordance with this regulation

within thirty days from the receipt of the application. The Authority

shall issue a notice of surrender of a permit, which shall include the

following conditions

(a)

a requirement to monitor, and report by the date

that may be specified in the notice of surrender of a permit, and

in accordance with these regulations, verified emissions for the

year during which the notice becomes effective up to the date on

which the notice becomes effective;

(b)

a requirement to surrender, by the date that may be

specified in the notice of surrender of a permit, and in

accordance with these regulations, a quantity of allowances

equal to the verified emissions reported under paragraph (a);

(c)

a requirement to surrender, by the date that may be

specified in the notice of surrender of a permit, and in

accordance with these regulations, a quantity of allowances

equal to verified emissions not covered by surrendered

allowances in respect of years previous to the year when the

notice of surrender of a permit becomes effective.

Monitoring, reporting and verification of emissions

referred to in paragraph (a) shall be carried out in accordance with

monitoring, reporting and verification requirements in the greenhouse

gas emissions permit to which the application to surrender a permit

relates.

(5) The permit shall cease to have effect from the date on

which the notice for surrender of a permit becomes effective in so far

as it authorises the carrying out of an activity or activities in the

installation or installations covered by the permit

Provided that any conditions in the permit shall remain in

effect until the Authority is satisfied that the requirements under sub-

regulation (4) have been complied with or that there is no reasonable

possibility of further allowances being surrendered by the operator of

the installation or installations to which the notice for surrender of a

permit relates.

(6) The Authority shall notify the national registry

administrator of any application for the surrender of a permit made to

it and the coming into effect of such surrender. The national registry

administrator shall ensure that any changes required are made to the

account or accounts relating to the installation or installations to

which the surrender of a permit relates so as to reflect the surrender of

the permit.

(7) When a permit for an installation is surrendered without

sufficient allowances having been surrendered in accordance with

regulation 19 to cover all emissions reported in respect of that

installation, the operator of that installation shall be liable to the

imposition of an administrative fine of one hundred euro (€100) for

each tonne of carbon dioxide equivalent emitted for which the

operator has not surrendered allowances.

(8) From the 1st January, 2013, where, for the year in which an

operator surrendering a permit does not surrender sufficient

allowances, the annual average Harmonised European Index of

Consumer Prices published shows a percentage increase as compared

to the latest Harmonised European Index of Consumer Prices

published for the previous year, the administrative fine shall be

increased by the same percentage. The administrative fine as revised

pursuant to this sub-regulation shall apply to subsequent years unless

further increased in accordance with the Harmonized European Index

of Consumer Prices. For the purposes of this sub-regulation, each

allowance not surrendered by the operator for a tonne of carbon

dioxide equivalent emitted shall be considered as a separate

contravention.

(9) For the purposes of determining the total administrative

fine under sub-regulation (7), where the emissions of the installation

or installations are not known, or are not reported, or where the

Authority is satisfied that there is no reasonable possibility that a

verified quantity of emissions will be reported by the operator of the

installation or installations covered by the permit to be surrendered,

the Authority may itself determine the emissions from the activities

performed in the installation or installations. The Authority shall use

best available data and ensure that a conservative estimate is made

that does not underestimate emissions. The operator shall be liable to

the imposition of an administrative fine equal to the amount

established in sub-regulation (7) in respect of the quantity of

emissions estimated in terms of this sub-regulation.

(1)

The Authority may, at any time, revoke a

greenhouse gas emissions permit issued to an operator of an

installation.

(2) The Authority may revoke a permit in accordance with

sub-regulation (1) by issuing a notice of revocation of a permit to the

operator, which shall include the following

(a)

information clearly identifying the operator and the

installation or installations covered by the notice;

(b)

the reasons for the revocation of the greenhouse

gas emissions permit;

(c)

the date on which the notice takes effect, which

shall not be earlier than fifteen days from the date of the notice;

(d)

the requirement for the operator to monitor and

report, by the date that may be specified in the notice of

revocation of a permit, and in accordance with these

regulations, verified emissions for any years in which the

operator performed the activity or activities covered by the

permit and for which he did not submit a verified emissions

report;

(e)

the requirement for the operator to surrender, by

the date that may be specified in the notice of revocation of a

permit, and in accordance with these regulations, a quantity of

allowances equal to the amount of emissions reported, for any

years in which the operator performed the activity or activities

covered by the permit and in respect of which he did not

surrender allowances.

(3) The permit shall cease to have effect from the date on

which the notice for revocation of a permit becomes effective in so far

as it authorises the carrying out of an activity or activities in the

installations or installations covered by the permit

Provided that any conditions in the permit shall remain in

effect until the Authority is satisfied that the requirements under sub-

regulation (2) have been complied with or that there is no reasonable

possibility of further allowances being surrendered by the operator of

the installation to which the notice for revocation of a permit relates.

(4) The Authority shall notify the national registry

administrator of any revocation of a permit and the coming into effect

of such revocation. The national registry administrator shall ensure

that any changes required are made to the account or accounts

relating to the installation or installations to which the revocation of a

permit relates so as to reflect the revocation of the permit.

(5) When a permit for an installation is revoked without

sufficient allowances having been surrendered to cover all emissions

reported in respect of that installation in accordance with regulation

19, the operator of that installation shall be liable to the imposition of

an administrative fine of one hundred euro (€100) for each tonne of

carbon dioxide equivalent emitted for which the operator has not

surrendered allowances.

(6) From the 1st January, 2013, where, for the year in which an

operator surrendering a permit does not surrender sufficient

allowances, the annual average Harmonised European Index of

Consumer Prices published shows a percentage increase as compared

to the latest Harmonised European Index of Consumer Prices

published for the previous year, the administrative fine shall be

increased by the same percentage. The administrative fine as revised

pursuant to this sub-regulation shall apply to subsequent years unless

further increased in accordance with the Harmonized European Index

of Consumer Prices. For the purposes of this sub-regulation, each

allowance not surrendered by the operator for a tonne of carbon

dioxide equivalent emitted shall be considered as a separate

contravention.

(7) For the purposes of determining the total administrative

fine under sub-regulation (5), where the emissions of the installation

or installations are not known, or are not reported, or where the

Authority is satisfied that there is no reasonable possibility that a

verified quantity of emissions will be reported by the operator of the

installation or installations covered by the permit to be surrendered,

the Authority may itself determine the emissions from the activities

performed in the installation or installations. The Authority shall use

best available data and ensure that a conservative estimate is made

that does not underestimate emissions. The operator shall be liable to

the imposition of an administrative fine equal to the amount

established in sub-regulation (5) in respect of the quantity of

emissions estimated in terms of this sub-regulation.

(1)

The Authority shall allocate free Chapter III

allowances to an operator of an installation eligible to a free

allocation of Chapter III allowances pursuant to Directive 2003/87/

EC. Such an allocation shall be made in accordance with Directive

2003/87/EC and relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC.

(2) No free allocation shall be made in respect of any

electricity production, except for electricity produced from waste

gases.

(3) No free allocation shall be given to

(a)

electricity generators;

(b)

installations for the capture of carbon dioxide;

(c)

pipelines for transport of carbon dioxide; or

(d)

carbon dioxide storage sites.

(4) No free allocation shall be made in respect of any

electricity production by new entrants.

(5) District heating and high efficiency cogeneration for

economically justifiable demand shall be eligible for free allocation,

in respect of the production of heating or cooling, in accordance with

Directive 2003/87/EC and relevant decisions and regulations adopted

by the Commission pursuant to Directive 2003/87/EC.

(6) No free allocation shall be given to an installation that has

ceased its operations, unless the operator demonstrates to the

Authority that this installation will resume production within a

specified and reasonable time. An installation for which the

greenhouse gas emissions permit has been surrendered or has been

revoked shall be considered to have ceased its operations. An

installation for which the operation or resumption of operation is

technically impossible shall be considered to have ceased operations.

(7) For the eight-year period beginning the 1st January, 2013,

and any subsequent period, the Authority shall ensure that a list of

installations covered by these regulations in Malta, and any free

allocation to each installation to be given in accordance with this

regulation, are published.

(1)

The quantity of Chapter III allowances that will not

be allocated free of charge, as determined for Malta in accordance

with Directive 2003/87/EC, shall be auctioned by the auctioneer in

accordance with the relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC.

(2) The auctioneer shall act in accordance with the relevant

decisions and regulations adopted by the Commission pursuant to

Directive 2003/87/EC.

(1)

Allowances issued to operators of installations in Union registry.

terms of these regulations shall be held in the Union registry. An

operator of an installation shall have an operator holding account in

respect of that installation in the Union registry.

(2) The national registry administrator shall perform its

functions in accordance with the relevant decisions and regulations

adopted by the Commission pursuant to Directive 2003/87/EC

Provided that, in respect of operator holding accounts of

operators of installations to which these regulations apply, the

Authority shall act as the national registry administrator

Provided also that, where the Authority acts as the national

registry administrator there shall be no conflict of interest between

the Authority and holders of operator holding accounts.

(3) A request to open an operator holding account shall be

made by the Authority or the operator of the installation to the

national registry administrator.

(4) A request for the opening of an operator holding account

shall include all information required by the national registry

administrator in accordance with the relevant decisions and

regulations adopted by the Commission pursuant to Directive 2003/

87/EC and any requirements and terms and conditions made by the

national registry administrator.

(5) The national registry administrator shall open and

administer an operator holding account for an operator of an

installation in accordance with the relevant decisions and regulations

adopted by the Commission pursuant to Directive 2003/87/EC and

any terms and conditions it may make. The national registry

administrator shall not open an account unless it is satisfied that the

request is in accordance with the requirements of this regulation.

(6) An operator holding account holder and its nominated

authorised representatives shall act in accordance with the relevant

decisions and regulations adopted by the Commission pursuant to

Directive 2003/87/EC and any terms and conditions made by the

national registry administrator.

(7) Where an operator of an installation fails to comply with

any requirements of decisions and regulations adopted by the

Commission in respect of registries or terms and conditions made by

the national registry administrator in respect of registries, the national

registry administrator may prevent the transfer of allowances or other

accounting units into or out of any operator holding account held by

that operator until any non-compliance is rectified

Provided that the national registry administrator shall not

prevent the surrender or cancellation of allowances in accordance

with regulation 22.

(1)

The Authority shall, by the 28th February of each

year, issue the quantity of Chapter III allowances that are to be

allocated for that year to an installation as determined in accordance

with regulation 11.

(2) Issuance of allowances shall be carried out in accordance

with the relevant decisions and regulations adopted by the European

Commission pursuant to Directive 2003/87/EC.

(3) Where -

(a)

a permit has been changed, in accordance with

regulation 7, in such a way that it no longer applies to an

installation; or

(b)

a permit has been surrendered in accordance with

regulation 9; or

(c)

a permit has been revoked in accordance with

regulation 10,

the Authority shall inform the national registry administrator. The

Authority shall ensure that no further allowances are issued to the

operator in respect of an installation subject to any of the conditions

under this sub-regulation, for the first year after the year when the

change in the permit, the surrender of the permit or the revocation of

the permit has come into effect, and for subsequent years.

(4) Chapter III allowances issued in accordance with sub-

regulation (1) in respect of the period beginning the 1st January, 2013

and subsequent periods shall be valid for emissions during the period

for which they are issued.

(5) Four months after the beginning of the period commencing

the 1st January, 2013 and subsequent periods, the Authority shall

cancel allowances that are no longer valid for that period and have not

been surrendered and cancelled in accordance with regulation 19.

(6) For each period referred to in sub-regulation (4), the

Authority shall issue allowances to operators for the current period to

replace any allowances held by them which are cancelled in

accordance with sub-regulation (5).

(1)

The operator of an installation shall submit to the Monitoring of

Authority a monitoring plan setting out measures to monitor and annual

emissions.

report emissions of greenhouse gases specified in respect of the

activities carried out in that installation as listed in Schedule 1. These

measures shall be in accordance with

(a)

the principles set out in Schedule 3;

(b)

relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC; and

(c)

any other requirements made by the Authority in

respect of monitoring and reporting of emissions of greenhouse

gases from activities listed in Schedule 1.

(2) The operator of an installation shall submit a monitoring

and reporting plan for the first time to the Authority at the same time

as an application is made for a greenhouse gas emissions permit in

accordance with regulation 4.

(3) The monitoring plan submitted by an operator of an

installation pursuant to sub-regulation (1) shall be approved by the

Authority if it is satisfied that the plan is in accordance with the

requirements set out under this regulation. The Authority may request

from the operator of the installation any additional information it

deems appropriate for the approval of the plan.

(4) An operator of an installation shall notify the Authority of

any deviations from the monitoring plan that may occur at any time

after the approval of the plan by the Authority

Provided that the Authority shall be notified of any

deviation from the plan

(a)

as early as possible before the deviation occurs, if

the deviation is known to the operator or is made known to the

operator prior to its occurrence; or

(b)

immediately after the deviation occurs if the

occurrence of the deviation is not known to the operator or is

not made known to the operator before or at the time of its

occurrence.

(5) An operator of an installation shall maintain a documented

record, which shall include information in accordance with

requirements that may be established by the Authority, of any

deviations that occur during a monitoring year and shall submit such

record to the Authority together with the annual emissions report

submitted pursuant to regulation 16.

(6) The operator of an installation shall regularly check if the

approved monitoring plan reflects the nature and function of the

installation. An operator may at any time after the approval of the

monitoring plan of an installation, submit to the Authority proposed

modifications that have to be made to the plan, in accordance with the

relevant decisions and regulations adopted by the Commission

pursuant to Directive 2003/87/EC. The operator shall maintain a

documented record of all modifications to the monitoring plan. No

proposed significant modifications to an approved plan shall be valid

without the approval of the Authority.

(7) Where it deems appropriate, the Authority may request the

submission of a revised plan.

(8) An operator of an installation shall monitor emissions from

that installation during each monitoring year.

(9) Without prejudice to sub-regulation (4), an operator of an

installation shall monitor annual emissions in accordance with the

monitoring plan approved by the Authority in accordance with this

regulation. The Authority may take any action it deems necessary

under these regulations to ensure that an operator is monitoring and

reporting annual emissions in accordance with the approved

monitoring plan.

(1)

An operator of an installation shall report annual

emissions, monitored in accordance with regulation 15, for each

monitoring year in accordance with

(a)

the principles set out in Schedule 3; and

(b)

relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC; and

(c)

any other requirements made by the Authority in

respect of reporting of emissions of greenhouse gases from

activities listed in Schedule 1.

(2) An operator of an installation shall submit to the Authority

a report on the emissions from that installation for a monitoring year

by not later than the 31st March of the subsequent year.

(3) The report submitted by an operator of an installation

pursuant to sub-regulation (2) shall be verified by a verifier in

accordance with

(a)

the principles set out in Schedule 4; and

(b)

relevant decisions and regulations adopted by the

Commission pursuant to Directive 2003/87/EC; and

(c)

any other requirements made by the Authority in

respect of verification of reports of emissions of greenhouse

gases from activities listed in Schedule 1.

(4) A verification report shall be submitted by the operator of

an installation with the emission report submitted.

(5) Where an operator of an installation fails to submit an

annual emissions report for a monitoring year that has been verified

as satisfactory by the 31st March of the subsequent year, the national

registry administrator shall not allow the transfer of allowances or

any other accounting units out of the operator holding account until a

report from the operator in respect of that installation has been

verified as satisfactory

Provided that the national registry administrator shall not

prevent the surrender or cancellation of allowances in accordance

with regulation 19, or the issuance of allowances in exchange for

CERs or ERUs in accordance with regulation 20.

(6) A verifier performing verification of an annual emissions

report of an installation shall notify the Authority and the National

Accreditation Board - Malta of the planned time and place of the

verification and the identity of the installation whose annual

emissions report is subject to its verification by not later than thirty

days prior to the date when the verification is to be performed.

(1)

The Authority may perform any checks it deems Competent

necessary to ensure that a report submitted by an operator is in authority

acceptance of

accordance with regulation 16.

verified annual

emissions

reports and

(2) The Authority shall, on the basis of the information determination

emissions in

included in the submitted report, the verification report submitted in case of non-

accordance with regulation 16 and its own checks, and by not later reporting

non-

than thirty days after the date of submission of the report, determine verification.

whether it can accept the submitted report. The Authority shall not

accept a report of annual emissions for which the verification report

has not been submitted. The Authority shall inform the operator, in

writing or through other documented means, of its decision. Where it

deems necessary, the Authority may require the submission of a

revised annual emissions report. The revised annual emissions report

shall be verified in accordance with regulation 16.

(3) Where, in respect of any monitoring year, an operator of an

installation does not submit a verified emission report in accordance

with regulation 16, or where it is deemed that the operator has not

submitted an emissions report which is in accordance with the

requirements set out in regulation 16, the Authority may, unless there

is written agreement between the Authority and the operator

providing otherwise, itself determine the emissions for activities

performed in that installation for that year. The Authority shall use

best available data and ensure that a conservative estimate is made

that does not underestimate emissions. When annual emissions are

determined under this sub-regulation, the Authority shall consider the

requirements set out in Schedules 3 and 4

Provided that the Authority shall notify the operator of the

installation of the emissions as determined and the methodology used

to determine such emissions.

(1)

An operator of an installation who fails to submit a

monitoring plan in accordance with regulation 15 in respect of the

period beginning the 1st January, 2013 or a subsequent period, shall

be liable to the imposition

(a)

for an operator of an installation for which

emissions for the first calendar year of the period for which the

plan relates or for the first year of performing an activity

covered by these regulations during the period for which the

plan relates are equal to or less than fifty thousand (50,000)

tonnes carbon dioxide equivalents, of an administrative fine of

five thousand euro (€5,000) and, or, one hundred euro (€100)

for each day of non-compliance, from the date of a notice given

by the Authority to the operator;

(b)

for an operator of an installation for which

emissions for the first calendar year of the period for which the

plan relates or for the first year of performing an activity

covered by these regulations during the period for which the

plan relates are more than fifty thousand (50,000) tonnes of

carbon dioxide equivalents and equal to or less than five

hundred thousand (500,000) tonnes of carbon dioxide

equivalent, of an administrative fine of ten thousand euro

(€10,000) and, or, three hundred euro (€300) for each day of

non-compliance, from the date of a notice given by the

Authority to the operator;

(c)

for an operator of an installation for which

emissions for the first calendar year of the period for which the

plan relates or for the first year of performing an activity

covered by these regulations during the period for which the

plan relates are more than five hundred thousand (500,000)

tonnes of carbon dioxide equivalents, of an administrative fine

of fifty thousand euro (€50,000) and, or, six hundred euro

(€600) for each day of non-compliance, from the date of a

notice given by the Authority to the operator.

(2) An operator of an installation who fails to monitor annual

emissions during a year in accordance with regulation 15 or fails to

submit a verified annual emissions report in respect of a year in

accordance with regulation 16, shall be liable to the imposition

(a)

for an operator of an installation for which

emissions for that year are equal to or less than fifty thousand

(50,000) tonnes carbon dioxide equivalents, of an

administrative fine of five thousand euro (€5,000) and, or, one

hundred euro (€100) for each day of non-compliance, from the

date of a notice given by the Authority to the operator;

(b)

for an operator of an installation for which

emissions for that year are more than fifty thousand (50,000)

tonnes of carbon dioxide equivalents and equal to or less than

five hundred thousand (500,000) tonnes carbon dioxide

equivalents, of an administrative fine of ten thousand euro

(€10,000) and, or, three hundred euro (€300) for each day of

non-compliance, from the date of a notice given by the

Authority to the operator;

(c)

for an operator of an installation for which

emissions for that year are more than five hundred thousand

(500,000) tonnes carbon dioxide equivalents, of an

administrative fine of fifty thousand euro (€50,000) and, or, six

hundred euro (€600) for each day of non-compliance, from the

date of a notice given by the Authority to the operator.

(3) For the purposes of determining the administrative fine

under this regulation, where the emissions of the installation are not

known or where the Authority is satisfied that there is no reasonable

possibility that a verified quantity of emissions will be reported by the

operator of the installation, the Authority may itself determine the

emissions from the activities performed in that installation. The

Authority shall use best available data and ensure that a conservative

estimate is made that does not underestimate emissions. The operator

of the installation shall be liable to the imposition of an administrative

fine equal to the amounts established in sub-regulations (1) and (2) in

respect of the quantity of emissions estimated by the Authority in

terms of this sub-regulation.

(1)

By the 30th April each year, an operator of an

installation shall surrender a number of allowances, other than

Chapter II allowances, equal to the total emissions from that

installation during the preceding calendar year as reported and

verified in accordance with regulation 16, or as determined by the

Authority in accordance with regulation 17. An operator of an

installation may not surrender Chapter II allowances.

(2) The national registry administrator shall cancel allowances

surrendered in accordance with sub-regulation (1).

(3) The national registry administrator shall cancel allowances

at any time at the request of an operator of an installation holding

those allowances.

(4) An obligation to surrender allowances shall not arise in

respect of emissions verified as captured and transported for

permanent storage to a facility for which a permit is in force in

accordance with Directive 2009/31/EC.

(5) Surrender and cancellation of allowances shall be carried

out in accordance with the relevant decisions and regulations adopted

by the Commission pursuant to Directive 2003/87/EC.

(6) The Authority shall publish the name of any operator who

is in breach of the requirement to surrender sufficient allowances

under sub-regulation (1).

(7) An operator who does not surrender sufficient allowances

by the 30th April of each year as required under sub-regulation (1) to

cover its emissions during the preceding year shall be liable to the

imposition of an administrative fine of one hundred euro (€100) for

each tonne of carbon dioxide equivalent emitted for which the

operator has not surrendered allowances.

(8) From the 1st January, 2013, where, for the year in which an

operator of an installation does not surrender sufficient allowances to

cover emissions during that year in accordance with sub-regulation

(1), the annual average Harmonized European Index of Consumer

Prices published shows a percentage increase as compared to the

latest Harmonized European Index of Consumer Prices published for

the previous year, the administrative fine shall be increased by the

same percentage. The administrative fine as revised pursuant to this

sub-regulation shall apply to subsequent years unless further

increased in accordance with the Harmonized European Index of

Consumer Prices. For the purposes of this sub-regulation, each

allowance not surrendered by the operator for a tonne of carbon

dioxide equivalent emitted shall be considered as a separate

contravention.

(9) The imposition of an administrative fine as prescribed in

sub-regulation (7) shall not release the operator from the obligation to

surrender an amount of allowances equal to those excess emissions in

respect of which the administrative fine is paid when surrendering

allowances in relation to the following calendar year.

(10) Where an operator of an installation fails to surrender

allowances in accordance with sub-regulation (1), the national

registry administrator shall not allow the transfer of allowances or

any other accounting units out of the operator holding account opened

in respect of that installation until the operator complies with the

requirement to surrender allowances

Provided that the national registry administrator shall not

prevent the surrender of allowances in accordance with sub-

regulation (1) or the cancellation of allowances in accordance with

sub-regulation (4), or the issuance of allowances in exchange for

CERs or ERUs in accordance with regulation 20.

(1)

To the extent that the levels of CER and ERU use, Use of CERs

allowed to an operator of an installation for the period from 2008 to and

project activities

2012, have not been used up, or where an entitlement to use credits is in

emissions

granted under sub-regulation (5), the operator may request to be trading scheme

issued allowances valid from 2013 onwards in exchange for CERs for

1st January

and ERUs issued in respect of emission reductions up until 2012 from 2013 to 31st

December 2020.

project types which were eligible for use in the Union scheme during

the period from 2008 to 2012. Until the 31st March, 2015, the

Authority shall make such an exchange on request.

(2) To the extent that the levels of CER and ERU use, allowed

to an operator of an installation for the period 2008 to 2012, have not

been used up, or where an entitlement to use credits is granted under

sub-regulation (5), the operator may exchange CERs and ERUs

issued in respect of emission reductions from 2013 onwards from

project types that were registered before 2013 and which were

eligible for use in the Union scheme during the period from 2008 to

2012, for allowances valid from 2013 onwards.

(3) To the extent that the levels of CER and ERU use, allowed

to an operator of an installation for the period from 2008 to 2012,

have not been used up, or where an entitlement to use credits is

granted under sub-regulation (5), the operator may exchange CERs

issued in respect of emission reductions from 2013 onwards from

project types started from 2013 onwards in least developed countries

and which were eligible for use in the Union scheme during the

period from 2008 to 2012, for allowances valid from 2013 onwards.

This sub-regulation shall apply until such countries have ratified a

relevant agreement with the Union or until 2020, whichever is the

earlier.

(4) To the extent that the levels of CER and ERU use, allowed

to an operator of an installation for the period from 2008 to 2012,

have not been used up, or where an entitlement to use credits is

granted under sub-regulation (5), the operator may use credits from

projects or other emission reducing activities in accordance with any

agreements that may be concluded by the Union with third countries,

up to levels of use as specified in such agreements, to comply with

obligations under these regulations.

(5) For the period from 2013 to 2020 an operator of an

installation shall be entitled to use an additional quantity of CERs and

ERUs up to an amount corresponding to a percentage of its verified

emissions during the period from the 1st January, 2013 to the 31st

December, 2020, as may be established by the Commission pursuant

to Directive 2003/87/EC.

(6) For the purposes of this regulation, operators shall not use

CERs or ERUs for which restrictions on use apply in accordance with

relevant decisions and regulations adopted by the Commission

pursuant to Directive 2003/87/EC.

No CERs or ERUs shall be issued for reductions or

limitations of greenhouse gas emissions with respect to activities that

fall within the scope of these regulations.

Decisions related to the allocation of allowances to

operators of installations and reports of emissions submitted in

accordance with regulation 17 shall be made available to the public in

accordance with the Freedom of Access to Information on the

Environment Regulations

Provided that any access to personal data shall be made in

accordance with the Data Protection Act and that information covered

by professional secrecy may not be disclosed to any other person or

authority except by virtue of the applicable laws, regulations,

administrative provisions and, or, the provisions of the Professional

Secrecy Act

Provided also that without prejudice to this regulation and

to the obligation which may be imposed on the Authority to disclose

any information, the Authority shall not disclose any confidential

information or any parts thereof or any other information which

should be treated as commercially confidential

Provided further that any information which shall be

treated as commercially confidential shall be made known at all times

to the Authority.

The Authority may require that submissions of Submission of

applications, monitoring and reporting plans and reports under these applications,

monitoring

regulations are made in the form and manner and by means of the plans

reports.

medium as specified by it.

The revenue from the auctioning of allowances, after Revenue from

deducting the audited costs to administer the scheme agreed to auctioning

allowances.

between the Ministry responsible for finance and the Malta Resources

Authority, shall accrue to the consolidated fund.

The Administrative Review Tribunal shall have Administrative

Review

jurisdiction to hear and determine appeals from decisions of the Tribunal.

Authority made under these regulations.

The European Community Greenhouse Gas Emissions Revokes Legal

Notice 140 of

Trading Scheme Regulations, 2005, are hereby revoked.

2005. Schedule 1

Regulations 1(2), 2, 3, 4(1), 4(2), 4(4), 5(1), 5(2), 5(3)(c), 5(3)(d),

5(3)(e), 6(3)(e), 7(1)(c), 9(1), 15(1), 15(1)(c), 16(1)(a), 16(1)(c) and 16(3)(c)

Categories of Activities for which these Regulations apply

1. Installations or parts of installations used for research, development and

testing of new products and processes and installations exclusively using biomass

are not covered by these Regulations.

2. The threshold values given below generally refer to production

capacities or outputs. Where several activities falling under the same category are

carried out in the same installation, the capacities of such activities are added

together.

3. When the total rated thermal input of an installation is calculated in

order to decide upon its inclusion in the Community scheme, the rated thermal

inputs of all technical units which are part of it, in which fuels are combusted

within the installation, are added together. These units could include all types of

boilers, burners, turbines, heaters, furnaces, incinerators, calciners, kilns, ovens,

dryers, engines, fuel cells, chemical looping combustion units, flares, and thermal

and catalytic post-combustion units. Units with a rated thermal input below 3MW

and units which use exclusively biomass shall not be taken into account for the

purposes of this calculation. ‘Units using exclusively biomass’ includes units

which use fossil fuels only during start-up or shut-down of the unit.

4. If a unit serves an activity for which the threshold is not expressed as

total rated thermal input, the threshold of this activity shall take precedence for the

decision about the inclusion in the Community scheme.

5. When the capacity threshold of any activity in this Schedule is found to

be exceeded in an installation, all units in which fuels are combusted, other than

units for the incineration of hazardous or municipal waste, shall be included in the

greenhouse gas emission permit.

Activities

Greenhouse gases

Combustion of fuels in installations with a total rated thermal input Carbon dioxide

exceeding 20MW (except in installations for the incineration of

hazardous or municipal waste)

Refining of mineral oil

Carbon dioxide

Production of coke

Carbon dioxide

Metal ore (including sulphide ore) roasting or sintering, including Carbon dioxide

pelletisation

Production of pig iron or steel (primary or secondary fusion) including Carbon dioxide

continuous casting, with a capacity exceeding 2.5 tonnes per hour

Production or processing of ferrous metals (including ferro-alloys) Carbon dioxide

where combustion units with a total rated thermal input exceeding

20MW are operated. Processing includes, inter alia, rolling mills, re-

heaters, annealing furnaces, smitheries, foundries, coating and pickling

Production of primary aluminium

Carbon dioxide

perfluorocarbons

Production of secondary aluminium where combustion units with a total Carbon dioxide

rated thermal input exceeding 20MW are operated

Production or processing of non-ferrous metals, including production of Carbon dioxide

alloys, refining, foundry casting, etc., where combustion units with a

total rated thermal input (including fuels used as reducing agents)

exceeding 20MW are operated

Production of cement clinker in rotary kilns with a production capacity Carbon dioxide

exceeding 500 tonnes per day or in other furnaces with a production

capacity exceeding 50 tonnes per day

Production of lime or calcinations of dolomite or magnesite in rotary Carbon dioxide

kilns or in other furnaces with a production capacity exceeding 50 tonnes

per day

Manufacture of glass including glass fibre with a melting capacity Carbon dioxide

exceeding 20 tonnes per day

Manufacture of ceramic products by firing, in particular roofing tiles, Carbon dioxide

bricks, refractory bricks, tiles, stoneware or porcelain, with a production

capacity exceeding 75 tonnes per day

Manufacture of mineral wool insulation material using glass, rock or slag Carbon dioxide

with a melting capacity exceeding 20 tonnes per day

Drying or calcinations of gypsum or production of plaster boards and Carbon dioxide

other gypsum products, where combustion units with a total rated

thermal input exceeding 20MW are operated

Production of pulp from timber or other fibrous materials

Carbon dioxide

Production of paper or cardboard with a production capacity exceeding Carbon dioxide

20 tonnes per day

Production of carbon black involving the carbonisation of organic Carbon dioxide

substances such as oils, tars, cracker and distillation residues, where

combustion units with a total rated thermal input exceeding 20MW are

operated

Production of nitric acid

Carbon dioxide

nitrous oxide

Production of adipic acid

Carbon dioxide

nitrous oxide

Production of glyoxal and glyoxylic acid

Carbon dioxide

nitrous oxide

Production of ammonia

Carbon dioxide

Production of bulk organic chemicals by cracking, reforming, partial or Carbon dioxide

full oxidation or by similar processes, with a production capacity

exceeding 100 tonnes per day

Production of hydrogen (H 2 ) and synthesis gas by reforming or partial Carbon dioxide

oxidation with a production capacity exceeding 25 tonnes per day

Production of soda ash (Na 2 CO 3 ) and sodium bicarbonate (NaHCO 3 )

Carbon dioxide

Capture of greenhouse gases from installations covered by the Directive Carbon dioxide

for the purpose of transport and geological storage in a storage site

permitted under Directive 2009/31/EC

Transport of greenhouse gases by pipelines for geological storage in a Carbon dioxide

storage site permitted under Directive 2009/31/EC

Geological storage of greenhouse gases in a storage site permitted under Carbon dioxide

Directive 2009/31/EC

Schedule 2

Regulation 2

Greenhouse gases

Carbon dioxide (CO 2 )

Methane (CH 4 )

Nitrous Oxide (N 2 O)

Hydrofluorocarbons (HFCs)

Perfluorocarbons (PFCs)

Sulphur Hexafluoride (SF 6 )

Schedule 3

Regulations 15(1)(a), 16(1)(a)

Principles for Monitoring and Reporting of annual emissions

Monitoring of carbon dioxide emissions

Emissions shall be monitored either by calculation or on the basis of

measurement.

Calculation

Calculations of emissions shall be performed using the formula

Activity data x Emission factor x Oxidation factor

Activity data (fuel used, production rate etc.) shall be monitored on the basis

of supply data or measurement.

Accepted emission factors shall be used. Activity-specific emission factors

are acceptable for all fuels. Default factors are acceptable for all fuels except non-

commercial ones (waste fuels such as tyres and industrial process gases). Seam-

specific defaults for coal, and EU-specific or producer country-specific defaults

for natural gas shall be further elaborated. IPCC default values are acceptable for

refinery products. The emission factor for biomass shall be zero.

If the emission factor does not account of the fact that some of the carbon is

not oxidized, then an additional oxidation factor shall be used. If activity-specific

emission factors have been calculated and already take oxidation into account,

then an oxidation factor need not be applied.

Default oxidation factors developed pursuant to Directive 96/61/EC * shall be

used, unless the operator can demonstrate that activity-specific factors are more

accurate.

A separate calculation shall be made for each activity, installation and for

each fuel.

Measurement

Measurement of emissions shall use standardized or accepted methods, and

shall be corroborated by a supporting calculation of emissions.

Monitoring of emissions of other greenhouse gases

Standardised or accepted methods shall be used, as developed and adopted by

the Commission in collaboration with all relevant stakeholders.

Reporting of emissions

Each operator shall include the following information in the report for an

installation

A.

Data identifying the installation, including

-

Name of the installation;

-

Its address, including postcode and country;

-

Type and number of activities listed in Schedule 1 carried

out in the installation;

-

Address, telephone, fax and email details for a contact

person; and

-

Name of the owner of the installation, and of any parent

company.

B.

For each activity listed in Schedule 1 to these regulations carried

out on the site for which emissions are calculated

-

Activity data;

-

Emission factors;

* Directive 96/61/EC: Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control.

-

Oxidation factors;

-

Total emissions; and

-

Uncertainty.

For each activity listed in Schedule 1 to these regulations carried

out on the site for which emissions are measured

-

Total emissions;

-

Information on the reliability of measurement methods; and

-

Uncertainty.

For emissions from combustion, the report shall also include the

oxidation factor, unless oxidation has already been taken into account in the

development of an activity-specific emission factor.

Schedule 4

Regulation 16(3)(a)

Criteria for Verification

General Principles

1. Emissions from each activity listed in Schedule 1 to these regulations

shall be subject to verification

2. The verification process shall include consideration of the report

submitted pursuant to regulation 16 and of monitoring during the preceding year. It

shall address the reliability, credibility and accuracy of monitoring systems and the

reported data and information relating to emissions, in particular

(a)

the reported activity data and related measurements and

calculations;

(b)

the choice and the employment of emission factors;

(c)

the calculations leading to the determination of the overall

emissions; and

(d)

if measurement is used, the appropriateness of the choice and

the employment of measuring methods.

3. Reported emissions may only be validated if reliable and credible data

and information allow the emissions to be determined with a high degree of

certainty. A high degree of certainty would require the operator to show that

(a)

the reported data is free of inconsistencies;

(b)

the collection of data has been carried out in accordance with the

applicable scientific standards; and

(c)

the relevant records of the installation are complete and

consistent.

4. The verifier shall be given access to all sites and information in relation

to the subject of the verification.

5. The verifier shall take into account whether the installation is registered

under the Community eco-management and audit scheme (EMAS).

Methodology

Strategic analysis

6. The verification shall be based on a strategic analysis of all the activities

carried out in the installation. This requires the verifier to have an overview of all

the activities and their significance for emissions.

Process analysis

7. The verification of the information submitted shall, where appropriate,

be carried out on the site of the installation. The verifier shall use spot-checks to

determine the reliability of the reported data and information.

Risk analysis

8. The verifier shall submit all the sources of emissions in the installation

to an evaluation with regard to the reliability of the data of each source

contributing to the overall emissions of the installation.

9. On the basis of this analysis the verifier shall explicitly identify those

sources with a high risk of error and other aspects of the monitoring and reporting

procedure which are likely to contribute to errors in the determination of the

overall emissions. This especially involves the choice of the emission factors and

the calculations necessary to determine the level of the emissions from individual

sources. Particular attention shall be given to those sources with a high risk of

error and the abovementioned aspects of the monitoring procedure.

10. The verifier shall take into consideration any effective risk control

methods applied by the operator with a view to minimizing the degree of

uncertainty.

Report

11. The verifier shall prepare a report on the validation process stating

whether the report submitted pursuant to regulation 16 of these regulations is

satisfactory. This report shall specify all issues relevant to the work carried out. A

statement that the report submitted pursuant to regulation 16 of these regulations is

satisfactory may be made if, in the opinion of the verifier, the total emissions are

not materially misstated.

Minimum competency requirements for the verifier

12. The verifier shall be independent of the operator, carry out his activities

in a sound and objective professional manner, and understand

(a)

the provisions of these regulations, as well as relevant standards

and guidance adopted by the Authority pursuant to these regulations;

(b)

the legislative, regulatory, and administrative requirements

relevant to the activities being verified; and

(c)

the generation of all information related to each source of

emissions in the installation, in particular, relating to the collection,

measurement, calculation and reporting of data.

€3.42