Energy Efficiency and Cogeneration Regulations, 2014

L.N. 196 of 2014

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

BUILDING REGULATION ACT

(CAP. 513)

Energy Efficiency and Cogeneration Regulations, 2014

IN exercise of the powers conferred by article 28(1) of the Malta

Resources Authority Act and article 6(1) of the Building Regulation

Act, the Minister for Energy and Health and the Minister for

Transport and Infrastructure, after consultation with the Building

Regulation Board, the Malta Resources Authority and the Malta

Environment and Planning Authority, have made the following

regulations:-

(1)

The title of these regulations is the Energy

Efficiency and Cogeneration Regulations, 2014.

(2) These regulations transpose Directive 2012/27/EU of the

European Parliament and of the Council of the 25th October 2012 on

energy efficiency, amending Directives 2009/125/EC and 2010/30/

EU and repealing Directives 2004/8/EC and 2006/32/EC.

(3) These regulations establish a framework as part of the

common framework of measures for the promotion of energy

efficiency within the Union in order to ensure the achievement of the

2020 20% headline target on energy efficiency and to pave the way

for further energy efficiency improvements beyond that date. These

regulations also lay down rules designed to remove barriers in the

energy market and overcome market failures that impede efficiency

in the supply and use of energy, and provide for the establishment of

an indicative national energy efficiency target for 2020.

(4) These regulations shall be deemed to have entered into

force on the 1st January 2014.

(1)

Unless stated otherwise in these regulations, the

definitions in the Act shall apply.

(2) For the purposes of these regulations, and unless the

context otherwise requires

"the Act" means the Malta Resources Authority Act

"Authority" means the Malta Resources Authority established

by article 3 of the Act;

"aggregator" means a demand service provider that combines

multiple short-duration consumer loads to sell or auction in organised

energy markets;

"building element" shall have the same meaning as under the

Energy Performance of Buildings Regulations;

"Building Regulation Board" means the Board established under

article 3 of the Building Regulation Act;

"cogeneration" means the simultaneous generation in one

process of thermal energy and electrical or mechanical energy;

"cogeneration unit" means a unit that can operate in

cogeneration mode;

"the Commission" means the European Commission established

by the Treaty on the Functioning of the European Union as amended

by the Lisbon Treaty, 2009;

"contracting authorities" shall have the same meaning as under

the Public Procurement Regulations;

"Council Decision 2006/1005/EC" means Council Decision of

18 December 2006 concerning conclusion of the Agreement between

the Government of the United States of America and the European

Community on the coordination of energy-efficiency labelling

programmes for office equipment;

"Decision 2008/952/EC" means Commission Decision of the

19th November 2008 establishing detailed guidelines for the

implementation and application of Annex II to Directive 2004/8/EC

of the European Parliament and of the Council;

"distribution system operator" shall have the same meaning as

under the Electricity Market Regulations, and the Natural Gas Market S.L. 423.22;

Regulations, respectively;

"economically justifiable demand" means demand that does not

exceed the needs for heating or cooling and which would otherwise

be satisfied at market conditions by energy generation processes other

than cogeneration;

"efficient district heating and cooling" means a district heating

or cooling system using at least 50% renewable energy, 50% waste

heat, 75% cogenerated heat or 50% of a combination of such energy

and heat;

"efficient heating and cooling" means a heating and cooling

option that compared to a baseline scenario reflecting a business as

usual situation measurably reduces the input of primary energy

needed to supply one unit of delivered energy within a relevant

system boundary in a cost-effective way, as assessed in the cost-

benefit analysis referred to in these regulations, taking into account

the energy required for extraction, conversion, transport and

distribution;

"efficient individual heating and cooling" means an individual

heating and cooling supply option that compared to efficient district

heating and cooling measurably reduces the input of non-renewable

primary energy needed to supply one unit of delivered energy within

a relevant system boundary or requires the same input of non-

renewable primary energy but at a lower cost, taking into account the

energy required for extraction, conversion, transport and distribution;

"electricity from cogeneration" means electricity generated in a

process linked to the production of useful heat and calculated in

accordance with the methodology laid down in the First Schedule;

"energy" means all forms of energy products, combustible fuels,

heat, renewable energy, electricity, or any other form of energy, as

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

and of the Council of 22 October 2008 on energy statistics;

"energy audit" means a systematic procedure to obtain adequate

knowledge of the existing energy consumption profile of a building or

group of buildings, an industrial or commercial operation or

installation or a private or public service, to identify and quantify

cost-effective energy savings opportunities, and report the findings;

"energy distributor" means a natural or legal person, including a

distribution system operator, responsible for transporting energy with

a view to its delivery to final customers or to distribution stations that

sell energy to final customers;

"energy efficiency" means a ratio between an output of

performance, service, goods or energy, and an input of energy;

"energy efficiency improvement" means an increase in energy

efficiency as a result of technological, behavioural and, or economic

changes;

"energy management system" means a set of interrelated or

interacting elements of a plan which sets an energy efficiency

objective and a strategy to achieve that objective;

"energy performance contracting" means a contractual

arrangement between the beneficiary and the provider of an energy

efficiency improvement measure, verified and monitored during the

whole term of the contract, where investments (work, supply or

service) in that measure are paid for in relation to a contractually

agreed level of energy efficiency improvement or other agreed energy

performance criterion, such as financial savings;

"energy savings" means an amount of saved energy determined

by measuring and, or estimating consumption before and after

implementation of one or more energy efficiency improvement

measures, whilst ensuring normalisation for external conditions that

affect energy consumption;

"energy service" means the physical benefit, utility or good

derived from a combination of energy with energy efficient

technology or with action, which may include the operations,

maintenance and control necessary to deliver the service, which is

delivered on the basis of a contract and in normal circumstances has

proven to result in verifiable and measurable or estimable energy

efficiency improvement or primary energy savings;

"energy service provider" means a natural or legal person who

delivers energy services or other energy efficiency improvement

measures in a final customer's facility or premises;

"entrusted party" means a legal entity with delegated power

from Government or another public body to develop, manage or

operate a financing scheme on behalf of Government or other public

body;

"European standard" means a standard adopted by the European

Committee for Standardisation, the European Committee for Electro-

technical Standardisation or the European Telecommunications

Standards Institute and made available for public use;

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

referred to in the Treaty;

"final customer" means a natural or legal person who purchases

energy for his or her own end use;

"final energy consumption" means all energy supplied to

industry, transport, households, services and agriculture

Provided that, it shall exclude deliveries to the energy

transformation sector and the energy industries themselves;

"Government" means the Government of Malta and includes all

administrative departments of Government whose competence

extends over the whole territory of Malta, but shall not include local

councils;

"high-efficiency cogeneration" means cogeneration meeting the

criteria laid down in the Second Schedule;

"implementing public authority" means a body governed by

public law which is responsible for the carrying out or monitoring of

energy or carbon taxation, financial schemes and instruments, fiscal

incentives, standards and norms, energy labelling schemes, training

or education;

"individual action" means an action that leads to verifiable, and

measurable or estimable, energy efficiency improvements and is

undertaken as a result of a policy measure;

"International standard" means a standard adopted by the

International Standardisation Organisation and made available to the

public;

"Malta" has the same meaning as is assigned to it by article 124

of the Constitution of Malta;

"Member State" means a member state of the European Union;

"micro-cogeneration unit" means a cogeneration unit with a

maximum capacity below 50 kWe;

"the Minister" means the Minister responsible for the Malta

Resources Authority

Provided that the Minister may designate any such body to

carry out any such function as is attributed to the Minister under these

regulations

Provided further that such designation shall be made

public by means of a notice published in the Government Gazette;

"National Energy Efficiency Action Plan" or "the Plan" means

the action plan which is intended to achieve the national energy

efficiency targets required by regulation 3(1) and towards the

implementation of these regulations;

"obligated party" means the energy distributor or retail energy

sales company that is bound by the national energy efficiency

obligation schemes referred to in regulation 7;

"overall efficiency" means the annual sum of electricity and

mechanical energy production and useful heat output divided by the

fuel input used for heat produced in a cogeneration process and gross

electricity and mechanical energy production;

"participating party" means an enterprise or public body that has

committed itself to reach certain objectives under a voluntary

agreement, or is covered by a national regulatory policy instrument;

"plot ratio" means the ratio between the land area and the

building floor area in a given territory;

"policy measure" means a regulatory, financial, fiscal, voluntary

or information provision instrument that has been formally

established and implemented to create a supportive framework,

requirement or incentive for market actors to provide and purchase

energy services and to undertake other energy efficiency

improvement measures;

"power to heat ratio" means the ratio between electricity from

cogeneration and useful heat when operating in full cogeneration

mode using operational data of the specific unit;

"primary energy consumption"

means

gross

inland

consumption, excluding non-energy uses;

"public bodies" means "contracting authorities" as defined in

the Public Procurement Regulations;

"Regulation (EU) No 510/2011" means Regulation (EU) No

510/2011 of the European Parliament and of the Council of the 11th

May 2011 setting emission performance standards for new light

commercial vehicles as part of the Union’s integrated approach to

reduce CO 2 emissions from light-duty vehicles;

"Regulation (EC) No 443/2009" means Regulation (EC) No

443/2009 of the European Parliament and of the Council of the 23d

April 2009 setting emission performance standards for new passenger

cars as part of the Community’s integrated approach to reduce CO 2

emissions from light-duty vehicles;

"Regulation 714/2009" means Regulation (EC) No 714/2009 of

the European Parliament and of the Council of the 13th July 2009 on

conditions for access to the network for cross-border exchanges in

electricity and repealing Regulation (EC) No 1228/2003;

"Regulation (EC) No 1222/2009" means Regulation (EC) No

1222/2009 of the European Parliament and of the Council of the 25th

November 2009 on the labelling of tyres with respect to fuel

efficiency and other essential parameters;

"retail energy sales company" means a natural or legal person

who sells energy to final customers;

"small and medium-sized enterprises" means enterprises as

defined in Title I of the Annex to Commission Recommendation

2003/361 of the 6th May 2003 concerning the definition of micro,

small and medium-sized enterprises. The category of micro, small

and medium-sized enterprises (SMEs) is made up of enterprises

which employ fewer than 250 persons and which have an annual

turnover not exceeding EUR 50 million, and, or an annual balance

sheet total not exceeding EUR 43 million;

"small scale cogeneration unit" means a cogeneration unit with

installed capacity below 1MWe;

"smart metering system" means an electronic system that can

measure energy consumption, adding more information than a

conventional meter, and can transmit and receive data using a form of

electronic communication;

"substantial refurbishment" means a refurbishment whose cost

exceeds 50% of the investment cost for a new comparable unit;

"total useful floor area" means the floor area of a building or

part of a building, where energy is used to condition the indoor

climate;

"transmission system operator" means "transmission system

operator" as defined in Directive 2009/72/EC and Directive 2009/73/

EC respectively;

"Treaty" shall have the same meaning in as in the European

Union Act;

"useful heat" means heat produced in a cogeneration process to

satisfy economically justifiable demand for heating or cooling.

(1)

The Minister shall set an indicative national energy

efficiency target, based on either primary or final energy

consumption, primary or final energy savings, or energy intensity. In

notifying these targets to the Commission in accordance with

regulation 24(1) and the First Part of the Fourteenth Schedule, the

Minister shall also express them in terms of an absolute level of

primary energy consumption and final energy consumption in 2020

and shall explain how, and on the basis of which data, this has been

calculated. When setting these targets, the Minister shall take into

account

(a)

that the Union’s 2020 energy consumption has to

be no more than 1474 Mtoe of primary energy or no more than

1078 Mtoe of final energy;

(b)

the measures provided for in these regulations;

(c)

the measures adopted to reach the national energy

saving targets adopted pursuant to regulation 4(1) of the Energy S.L. 423.34

End-use Efficiency and Energy Services Regulations; and

(d)

other measures to promote energy efficiency within

Member States and at Union level.

(2) When setting the national energy efficiency target, the

Minister may also take into account national circumstances affecting

primary energy consumption, such as remaining cost-effective

energy-saving potential, GDP evolution and forecast, changes of

energy imports and exports, development of all sources of renewable

energies, nuclear energy, carbon capture and storage (CCS), and early

action.

(1)

The Building Regulation Board shall establish a Long term

long-term strategy for mobilizing investment in the renovation of the strategy

set by the

national stock of residential and commercial buildings, both public Board.

and private. This strategy should encompass

(a)

an overview of the national building stock based,

as appropriate, on statistical sampling;

(b)

an identification of cost effective approaches to

renovations relevant to the building type and climatic zone;

(c)

policies and measures to stimulate cost-effective

deep renovations of buildings, including staged deep

renovations;

(d)

a forward looking perspective to guide investment

decisions of individuals, the construction industry and financial

institutions;

(e)

an evidence-based estimate of expected energy

savings and wider benefits.

(2) An updated version of the first version of the strategy

mentioned in sub-regulation (1) shall be published by the Building

Regulation Board every three years, which are to be reckoned as from

the date of the publication of such first version. The updated versions

are also to be submitted by the Building Regulation Board to the

Minister for transmission to the Commission as part of the National

Energy Efficiency Action Plans.

(1)

Without prejudice to regulation 8 of the Energy

Performance of Buildings Regulations, as from the 1st January 2014,

3% of the total floor area of heated and, or cooled buildings owned

and occupied by Government shall be renovated each year to meet at

least the minimum energy performance requirements set by the

Building Regulation Board in the application of regulation 5 of the

Energy Performance of Buildings Regulations. The 3% rate shall be

calculated on the total floor area of buildings with a total useful floor

area over 500 m 2 and, as of the 9th July 2015, over 250 m 2 owned and

occupied by Government that, on the 1st January of each year, do not

meet the national minimum energy performance requirements set in

application of regulation 5 of the Energy Performance of Buildings

Regulations.

(2) Where the Building Regulation Board requires that the

obligation to renovate each year 3% of the total floor area extends to

floor area owned and occupied by administrative departments at a

level below central government, the 3% rate shall be calculated on the

total floor area of buildings with a total useful floor area over 500 m 2

and as of the 9th July 2015 over 250 m 2 owned and occupied

respectively by Government and these administrative departments

that, on the 1st January of each year, do not meet the national

minimum energy performance requirements set in application of the

regulations relating to the Energy Performance of Buildings

Regulations.

(3) When implementing measures for the comprehensive

renovation of Government buildings in accordance with sub-

regulation (1), buildings may be considered as a whole, including

building envelope, equipment, operation and maintenance.

Government buildings with the lowest energy performance shall be a

priority for energy efficiency measures, where cost-effective and

technically feasible.

(4) The requirements referred to in sub-regulation (1) shall not

apply to the following categories of buildings

(a)

buildings officially protected as part of a

designated environment, or because of their special architectural

or historical merit, in so far as compliance with certain

minimum

energy

performance

requirements

would

unacceptably alter their character or appearance;

(b)

buildings owned by the armed forces or

Government and serving national defence purposes, but

excluding single living quarters or office buildings for the

armed forces and other staff employed by national defence

authorities;

(c)

buildings used as places of worship and for

religious activities.

(5) The annual renovation rate of Government's buildings may

be counted towards the excess of renovated building floor area of

central government buildings in a given year as if it has instead been

renovated in any of the three previous or following years.

(6) The annual renovation rate of Government buildings may

be counted to include new buildings occupied and owned as

replacements of specific Government buildings demolished in any of

the two previous years, or buildings that have been sold, demolished

or taken out of use in any of the two previous years due to more

intensive use of other buildings.

(7) For the purposes of sub-regulation (1), by the 1st January

2014, the Building Regulation Board in collaboration with the

Government Property Division shall establish and make publicly

available an inventory of heated and, or cooled central government

buildings with a total useful floor area over 500 m 2 and, by the 9th

July 2015, over 250 m 2 , excluding buildings exempted on the basis of

sub-regulation (2), containing the following data

the floor area in m 2 ; and

(a)

(b)

the energy performance of each building or

relevant energy data.

(8) As an alternative approach to sub-regulations (1), (2), (3),

(4) and (5), and without prejudice to regulation 8 of the Energy S.L. 513.01

Performance of Buildings Regulations, the Building Regulation

Board may take other cost-effective measures, including deep

renovations and measures for behavioural change of occupants, to

achieve by 2020 an amount of energy consumption savings in eligible

buildings owned and occupied by Government that is at least

equivalent to that required in sub-regulation (1), reported on an

annual basis. For the purpose of this alternative approach, the

Building Regulation Board may estimate the energy savings that sub-

regulations (1), (2), (3) and (4) would generate by using appropriate

standard values for the energy consumption of reference Government

buildings before and after renovation and according to estimates of

the surface of their stock. The categories of reference Government

buildings shall be representative of the stock of such buildings. In the

case of an alternative approach being opted for, the Minister shall

notify to the Commission, by the 1st January 2014 at the latest, the

alternative measures that are planned to be adopted and showing how

they would achieve an equivalent improvement of the energy

performance of the buildings within the Government estate.

(9) The Building Regulation Board shall encourage public

bodies, including at regional and local level, and social-housing

bodies governed by public law, with due regard for their respective

competences and administrative set-up, to

(a)

adopt an energy efficiency plan, free-standing or as

part of a broader climate or environmental plan, containing

specific energy saving and efficiency objectives and actions,

with a view to following the exemplary role of Government

buildings laid down in sub-regulations (1), (5) and (6);

(b)

put in place an energy management system,

including energy audits, as part of the implementation of their

plan;

(c)

use, where appropriate, ESCOs, and energy

performance contracting to finance renovations and implement

plans to maintain or improve energy efficiency in the long term.

(1)

Contracting authorities shall only purchase

products, services and buildings with high-energy efficiency

performance, insofar as this is consistent with cost-effectiveness,

economical feasibility, wider sustainability, technical suitability, as

well as sufficient competition, as referred to in the Third Schedule.

The aforementioned obligation shall apply to contracts for the

purchase of products, services and buildings by public bodies in so far

as these contracts have a value equal to or greater than the thresholds

laid down in Article 7 of Directive 2004/18/EC as amended

Provided that such obligation shall apply to the contracts

of the armed forces, only to the extent that its application does not

cause any conflict with the nature and primary aim of the activities of

the armed forces and with the exception of military equipment as

defined in the Public Procurement of Contracting Authorities or

Entities in the fields of Defence and Security Regulations.

(2) Public bodies shall be encouraged by the Minister,

including at local council level, with due regard for their respective

competences and administrative set-up, to follow the exemplary role

of Government departments to purchase only products, services and

buildings with high-energy efficiency performance. Public bodies

shall also be encouraged when tendering service contracts with

significant energy content, to assess the possibility of concluding long

term energy performance contracts that provide long-term energy

savings.

(3) Without prejudice to sub-regulation (1), when purchasing a

product package covered as a whole by a delegated act adopted under

Directive 2010/30 EU, the aggregate energy efficiency shall take

priority over the energy efficiency of individual products within that

package, by purchasing the product package that complies with the

criterion of belonging to the highest energy efficiency class.

(1)

Without prejudice and subject to regulation 9, the Energy

Minister shall set up an energy efficiency obligation scheme. The efficiency

obligation

energy efficiency obligation scheme shall ensure that

scheme.

(a)

energy distributors and, or retail energy sales

companies that are designated as obligated parties under sub-

regulation (5) operating in Malta achieve a cumulative end-use

energy savings target by the 31st December 2020, without

prejudice to sub-regulation (3); and

(b)

that the aforesaid target in paragraph (a) shall be at

least equivalent to achieving new savings each year from the 1st

January 2014 to the 31st December 2020 of 1.5% of the annual

energy sales to final customers of all energy distributors or all

retail energy sales companies by volume, averaged over the

most recent three-year period prior to the 1st January 2013. The

sales of energy, by volume, used in transport may be partially or

fully excluded from this calculation.

(2) The Minister shall decide how the calculated quantity of

new savings referred to in sub-regulation (1)(b) shall be phased over

the period.

(3) The Minister may, without prejudice to sub-regulation (4)

(a)

carry out the calculation required by the sub-

regulation (1)(b) using values of 1% in 2014 and 2015, 1.25% in

2016 and 2017, and 1.5% in 2018, 2019 and 2020;

(b)

exclude from the calculation all or part of the sales,

by volume, of energy used in industrial activities listed in

Schedule I to the European Union Greenhouse Gas Emissions

Trading Scheme for Stationary Installations Regulations;

(c)

allow energy savings achieved in the energy

transformation, distribution and transmission sectors, including

efficient district heating and cooling infrastructure, as a result of

the implementation of the requirements set out in regulation

16(5), and (6)(b), regulation 17(1) to (7) and (11) to be counted

against the amount of energy savings required under sub-

regulation (1); and

(d)

count energy savings resulting from individual

actions newly implemented since the 31st December 2008 that

continue to have impact in 2020 and can be measured and

verified, against the amount of energy savings required under

sub-regulation (1).

(4) The application of sub-regulation (3) shall not lead to a

reduction of more than 25% of the amount of energy savings referred

to in sub-regulation (1). The use of sub-regulation (3) shall be

notified to the Commission by the 5th June 2014, including the

elements listed under sub-regulation (3) to be applied and a

calculation showing their impact on the amount of energy savings

referred to in sub-regulation (1).

(5) Without prejudice to the calculation of energy savings for

the target in accordance with sub-regulation (1)(b), the Authority

shall designate, on the basis of objective and non-discriminatory

criteria, obligated parties amongst energy distributors and, or retail

energy sales companies operating in Malta and may include transport

fuel distributors or transport fuel retailers operating in Malta. The

amount of energy savings to fulfil the obligation shall be achieved by

the obligated parties among final customers, designated, as

appropriate, by the Authority, independently from the calculation

made pursuant to sub-regulation (1), or, if the Minister so decides,

through certified savings stemming from other parties as described in

sub-regulation (8)(b). The Authority shall have the right to obtain

audited data from the obligated parties within a reasonable time in

regard to such certified savings.

(6) The Authority shall express the amount of energy savings

required from each obligated party in terms of either final or primary

energy consumption. The method chosen for expressing the required

amount of energy savings shall also be used for calculating the

savings claimed by obligated parties. The conversion factors in the

Fourth Schedule shall apply.

(7) The Authority shall ensure that the savings stemming from

sub-regulations (1), (2) and (3) of this regulation, regulation 9 and

from regulation 22(4) are calculated in accordance with items 2 and 3

of the Fifth Schedule. The Authority shall put in place measurement,

control and verification systems under which at least a statistically

significant proportion and representative sample of the energy

efficiency improvement measures put in place by the obligated parties

is verified

Provided that, the measurement, control and verification

shall be conducted independently of the obligated parties.

(8) Within the energy efficiency obligation scheme, the

Minister may

(a)

include requirements with a social aim in the

saving obligations they impose, including by requiring a share

of energy efficiency measures to be implemented as a priority in

households affected by energy poverty or in social housing;

(b)

permit obligated parties to count towards their

obligation certified energy savings achieved by energy service

providers or other third parties, including where obligated

parties promote measures through other state-approved bodies

or through public authorities that may or may not involve

formal partnerships and may be in combination with other

sources of finance

Provided that, in this case an approval process is in

place that is clear, transparent and open to all market actors, and

that aims at minimising the costs of certification;

(c)

allow obligated parties to count savings obtained in

a given year as if they had instead been obtained in any of the

four previous or three following years.

(1)

The Authority shall annually publish the energy Publication of

savings achieved by each obligated party, or each sub-category of energy savings.

obligated party, and in total under the scheme referred to in regulation

7. (2) Obligated parties shall provide on request, but not more

than once a year

(a)

aggregated statistical information on their final

customers (identifying significant changes to previously

submitted information); and

(b)

current information on final customers’

consumption, including, where applicable, load profiles,

customer segmentation and geographical location of customers,

while preserving the integrity and confidentiality of private or

commercially sensitive information in compliance with

applicable Union legislation.

(1)

As an alternative to setting up an energy efficiency

obligation scheme under regulation 7(1), the Minister may opt to take

other policy measures to achieve energy savings among final

customers

Provided that those policy measures shall meet the criteria

set out in sub-regulations (5) and (6) of this regulation.

(2) The annual amount of new energy savings achieved

through the alternative approach set out in sub-regulation (1) shall be

equivalent to the amount of new energy savings required by

regulation 7(1) to (4)

Provided that the Minister may combine obligation

schemes with alternative policy measures, including national energy

efficiency programmes if equivalence is maintained.

(3) The policy measures referred to in sub-regulation (1) may

include, but are not restricted to, the following policy measures or

combinations thereof

(a)

energy or CO 2 taxes that have the effect of

reducing end-use energy consumption;

(b)

financing schemes and instruments or fiscal

incentives that lead to the application of energy efficient

technology or techniques and have the effect of reducing end-

use energy consumption;

(c)

regulations or voluntary agreements that lead to the

application of energy efficient technology or techniques and

have the effect of reducing end-use energy consumption;

(d)

standards and norms that aim at improving the

energy efficiency of products and services, including buildings

and vehicles, except where these are mandatory and applicable

under EU law;

(e)

energy labelling schemes, with the exception of

those that are mandatory and applicable under EU law;

(f)

training and education, including energy advisory

programmes, that lead to application of energy-efficient

technology or techniques and have the effect of reducing end-

use energy consumption.

(4) The Minister shall notify to the Commission, by the 5th

December 2013, the policy measures that are planned to be adopted

for the purposes of sub-regulation (1) and regulation 22(4) following

the framework provided in item 4 of Part A of the Fifth Schedule, and

showing how they would achieve the required amount of savings. In

the case of the policy measures referred to in sub-regulation (3) and in

regulation 22(4), this notification shall demonstrate how the criteria

in sub-regulation (5) are met. In the case of policy measures other

than those referred to in the sub-regulation (3) and in regulation

22(4), the Minister shall explain how an equivalent level of savings,

monitoring and verification is achieved.

(5) Without prejudice to sub-regulation (6), the criteria for the

policy measures taken pursuant to sub-regulation (3) and in

regulation 22(4) shall be as follows

(a)

the policy measures provide for at least two

intermediate periods by the 31st December 2020 and lead to the

achievement of the level of ambition as set in regulation 7(1);

(b)

the responsibility of each entrusted party,

participating party or implementing public authority, whichever

is relevant, is defined;

(c)

the savings that are to be achieved are determined

in a transparent manner;

(d)

the amount of savings required or to be achieved by

the policy measure are expressed in either final or primary

energy consumption, using the conversion factors in the Fourth

Schedule;

(e)

energy savings are calculated using the methods

and principles provided in items 1 and 2 of the Fifth Schedule;

(f)

energy savings are calculated using the methods

and principles provided in item 3 of Part A of the Fifth

Schedule;

(g)

an annual report of the energy savings achieved is

provided by participating parties unless not feasible and made

publicly available;

(h)

monitoring of the results is ensured and appropriate

measures are envisaged if the progress is not satisfactory;

(i)

a control system is put in place that also includes

independent verification of a statistically significant proportion

of the energy efficiency improvement measures; and

(j)

data on the annual trend of energy savings are

published annually.

(6) The taxes referred to in sub-regulation (3)(a) shall comply

with the criteria listed in paragraphs (a), (b), (c), (d), (f), (h) and (j) of

sub-regulation (5). The regulations and voluntary agreements referred

to in sub-regulation (3)(c) shall comply with the criteria listed in

paragraphs (a), (b), (c), (d), (e), (g), (h), (i) and (j) of sub-regulation

(5). The other policy measures referred to in sub-regulation (3)(a),

and the Energy Efficiency National Funds referred to in regulation

22(4) comply with the criteria listed in paragraphs (a), (b), (c), (d),

(e), (h), (i) and (j) of sub-regulation (5).

(7) The Minister shall ensure that when the impact of policy

measures or individual actions overlaps, no double counting of

energy savings is made.

(1)

The Minister shall promote the availability to all

final customers of high quality energy audits which are cost-effective

and

(a)

carried out in an independent manner by qualified

and, or accredited experts according to qualification criteria; or

(b)

implemented and supervised by independent

authorities under Maltese law.

(2) The energy audits referred to in sub-regulation (1)(a) may

be carried out by in-house experts or energy auditors

Provided that the Minister shall have put in place a scheme

to assure and check their quality, including, if appropriate, an annual

random selection of at least a statistically significant percentage of all

the energy audits they carry out.

(3) For the purpose of guaranteeing the high quality of the

energy audits and energy management systems, the Minister shall

establish transparent and non-discriminatory minimum criteria for

energy audits based on the principles set out in Part B of the Fifth

Schedule.

(4) Energy audits shall not include clauses preventing the

findings of the audit from being transferred to any qualified and, or

accredited energy service provider, on condition that the customer

does not object. Notwithstanding the foregoing, the findings of the

audit shall promptly be submitted to the Minister upon being

demanded and in any case by not later than seven days from such

demand being made.

(5) The Minister shall develop programmes to encourage

small and medium-sized enterprises to undergo energy audits, and the

subsequent implementation of the recommendations from these

audits. The Minister shall also develop programmes to raise

awareness among households about the benefits of such audits

through appropriate advice services.

(6) On the basis of transparent and non-discriminatory criteria

and without prejudice to Union State aid law, support schemes may be

set up for SMEs including, if they have concluded voluntary

agreements, to cover costs of an energy audit and of the

implementation of highly cost-effective recommendations from the

energy audits, if the proposed measures are implemented.

(7) The Minister shall also develop programmes to raise

awareness among households about the benefits of the audits referred

to in sub-regulation (6) through appropriate advice services. The

Minister shall encourage training programmes for the qualification of

energy auditors in order to facilitate sufficient availability of experts.

(8) The Minister shall bring to the attention of small and

medium-sized enterprises, including through their respective

representative intermediary organisations, concrete examples of how

energy management systems could help their business.

(9) Enterprises that are not SMEs shall commission an energy

audit carried out in an independent and cost-effective manner by

qualified and, or accredited experts or implemented and supervised

by independent authorities under national legislation by the 5th

December 2015 and at least every four years from the date of the

previous energy audit.

(10) Energy audits shall be considered as fulfilling the

requirements of sub-regulation (9) when they are carried out in an

independent manner, on the basis of minimum criteria based on the

principles set out in Part B of the Fifth Schedule, and implemented

under voluntary agreements concluded between organisations of

stakeholders and an appointed body and supervised by the Minister,

or other bodies to which the Minister has delegated the responsibility

concerned. Access of market participants offering energy services

shall be based on transparent and non-discriminatory criteria.

(11) Enterprises, which are not SMEs, implementing an energy

or environmental management system, certified by an independent

body according to the relevant European or International Standards,

shall be exempted from the requirements of sub-regulation (9)

Provided that the management system concerned includes

an energy audit on the basis of the minimum criteria based on the

principles set out in Part B of the Fifth Schedule.

(12) Energy audits may stand alone or be part of a broader

environmental audit. An assessment of the technical and economic

feasibility of connection to an existing or planned district heating or

cooling network shall be part of the energy audit.

(13) Without prejudice to Union State aid law, incentive and

support schemes may be implemented for the implementation of

recommendations from energy audits and similar measures.

(1)

Final customers for electricity, natural gas, district

heating, district cooling and domestic hot water shall be provided by

their suppliers with competitively priced individual meters that

accurately reflect the final customer’s actual energy consumption and

that provide information on actual time of use

Provided that this requirement shall apply in so far as it is

technically possible, financially reasonable and proportionate in

relation to the potential energy savings.

(2) When an existing meter is replaced, such a competitively

priced individual meter shall always be provided, unless this is

technically impossible or not cost-effective in relation to the

estimated potential savings in the long term.

(3) When a new connection is made in a new building or a

building undergoes major renovations, as set out in the Energy

Performance of Buildings Regulations, such competitively priced

individual meters shall always be provided.

(4) Where, and to the extent that, intelligent metering systems

are implemented and smart meters for gas and, or electricity are rolled

out in accordance with the Electricity Market Regulations, and the

Natural Gas Market Regulations

(a)

metering systems shall provide to final customers

information on actual time of use. The objectives of energy

efficiency and benefits for final customers shall be fully taken

into account when establishing the minimum functionalities of

the meters and the obligations imposed on market participants;

(b)

the security of the smart meters and data

communication, and the privacy of final customers, shall be

ensured in compliance with relevant Union data protection and

privacy legislation;

(c)

in the case of electricity and on request of the final

customer, meter operators are required to ensure that the meter

or meters can account for electricity put into the grid from the

final customer’s premises;

(d)

if final customers request it, metering data on their

electricity input and off-take shall be made available to them or

to a third party acting on behalf of the final customer in an

easily understandable format that they can use to compare deals

on a like-for-like basis;

(e)

appropriate advice and information shall be given

to customers at the time of installation of smart meters, notably

about their full potential with regard to meter reading

management and the monitoring of energy consumption.

(5) Where heating and cooling or hot water are supplied to a

building from a district heating network or from a central source

servicing multiple buildings, a heat or hot water meter shall be

installed at the heating exchanger or point of delivery.

In multi-apartment and multi-purpose buildings with a

central heating and, or cooling source or supplied from a district

heating network or from a central source serving multiple buildings,

individual consumption meters shall also be installed by the 31st

December 2016 to measure the consumption of heat or cooling or hot

water for each unit where technically feasible and cost efficient.

Where the use of individual meters is not technically feasible or not

cost-efficient, to measure heating, individual heat cost allocators shall

be used for measuring heat consumption at each radiator, unless it is

shown by the energy supplier, and subject to the approval of the

Authority, that the installation of such heat cost allocators would not

be cost-efficient. In those cases, alternative cost-efficient methods of

heat consumption measurement may be considered.

Where multi-apartment buildings are supplied from district

heating or cooling, or where own common heating or cooling systems

for such buildings are prevalent, to ensure transparency and accuracy

of accounting for individual consumption, the Authority may

introduce transparent rules on the allocation of the cost of thermal or

hot water consumption in such buildings. Where appropriate, such

rules shall include guidelines on the way to allocate costs for heat

and, or hot water that is used as follows

(a)

hot water for domestic needs;

(b)

heat radiated from the building installation and for

the purpose of heating the common areas (in case staircases and

corridors are equipped with radiators);

(c)

for the purpose of heating apartments.

(1) Where final customers do not have smart meters

referred to in the Electricity Market Regulations and the Natural Gas

Market Regulations, by not later than the 31st December 2014, billing

information shall be accurate and based on actual consumption, in

accordance with item 1.1 of the Sixth Schedule, for all the sectors

covered by these regulations, including energy distributors,

distribution system operators and retail energy sales companies,

where this is technically possible and economically justified. This

obligation may be fulfilled by a system of regular self-reading by the

final customers whereby they communicate readings from their meter

to the energy supplier. Only when the final customer has not provided

a meter reading for a given billing interval shall billing be based on

estimated consumption or a flat rate.

(2) Meters installed in accordance with the Electricity Market

Regulations and the Natural Gas Market Regulations shall enable

accurate billing information based on actual consumption. Final

customers shall have the possibility of easy access to complementary

information on historical consumption allowing detailed self-checks.

Complementary information on historical consumption shall include

(a)

cumulative data for at least the three previous years

or the period since the start of the supply contract if this is

shorter. The data shall correspond with the intervals for which

frequent billing information has been produced; and

(b)

detailed data according to the time of use for any

day, week, month and year. These data shall be made available

to the final customer via internet or the meter interface for the

period of at least 24 previous months or the period since the

start of the supply contract if this is shorter.

(3) Independently of whether smart meters have been installed

or not, energy suppliers shall

(a)

to the extent that information on their energy

billing and historical consumption of final customers is

available, on the request of the final customer make such

information available to an energy service provider designated

by the final customer;

(b)

offer to final customers the option of electronic

billing information and bills. Customers shall receive on request

a clear and understandable explanation of how their bill was

derived, especially where bills are not based on actual

consumption;

(c)

make available appropriate information with the

bill to provide final customers with a comprehensive account of

current energy costs, in accordance with the Sixth Schedule;

(d)

on request of the final customer, not consider the

information contained in these bills to constitute a request for

payment. Suppliers of energy sources shall offer flexible

arrangements for actual payments;

(e)

provide to consumers on demand, information and

estimates for energy costs in a timely manner and in an easily

understandable format enabling consumers to compare deals on

a like-for-like basis.

(1)

Energy suppliers shall ensure that final customers Bills and

receive all their bills and billing information for energy consumption information

be free of

free of charge. Final customers shall also have access to their charge.

consumption data in an appropriate way and free of charge.

(2) Notwithstanding sub-regulation (1), the distribution of

costs of billing information for the individual consumption of heating

and cooling in multi-apartment and multi-purpose buildings pursuant

to regulation 11(5) shall be carried out on a non-profit basis. Costs

resulting from the assignment of this task to a third party, such as a

service provider or the local energy supplier, covering the measuring,

allocation and accounting for actual individual consumption in such

buildings, may be passed on to the final customers to the extent that

such costs are reasonable.

(1)

The Minister shall take appropriate measures to Minister may

promote and facilitate an efficient use of energy by small energy promote

efficient use of

customers, including domestic customers. These measures may be energy.

part of a national strategy.

(2) For the purposes of sub-regulation (1), these measures

shall include one or more of the elements listed below

(a)

a range of instruments and policies to promote

behavioural change which may include

(i)

fiscal incentives;

(ii)

access to finance, grants or subsidies;

(iii) information provision;

(iv) exemplary projects;

(v)

workplace activities;

(b)

ways and means to engage consumers and

consumer organisations during the possible roll-out of smart

meters through communication of

(i)

cost-effective and easy-to-achieve changes in

energy use;

(ii)

information on energy efficiency measures.

The Authority may impose an administrative fine not

exceeding one hundred thousand euro (€100,000) for each

contravention and, or six hundred euro (€600) for each day of non-

compliance, from the date of the decision given by the Authority

upon any person who infringes any provision of these regulations or

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

Authority in ensuring compliance with these regulations.

(1)

By the 31st of December 2015 the Minister shall

carry out a comprehensive assessment of the potential for the

application of high-efficiency cogeneration and efficient district

heating and cooling, containing the information set out in the Seventh

Schedule to these regulations. The Minister shall notify such

comprehensive assessment to the Commission by the 31st December

2015. If an equivalent assessment has already been carried out, the

Minister shall notify an equivalent assessment to the Commission.

(2) The comprehensive assessment shall take full account of

the analysis of the national potentials for high-efficiency

cogeneration carried out under Directive 2004/8/EC. The assessment

shall be updated and notified to the Commission every five years,

subject to a request by the Commission at least one year before the

due date.

(3) The Minister shall adopt policies which encourage that the

potential of using efficient heating and cooling systems, in particular

those using high efficiency cogeneration, is duly taken into account at

local and regional levels. Account shall be taken of the potential for

developing local and regional heat markets.

(4) For the purpose of the assessment referred to in sub-

regulation (1), the Minister shall carry out a cost-benefit analysis

covering the territory based on climate conditions, economic

feasibility and technical suitability in accordance with Part 1 of the

Eighth Schedule. The cost-benefit analysis shall be capable of

facilitating the identification of the most resource and cost-efficient

solutions to meeting heating and cooling requirements. The cost-

benefit analysis may be part of an environmental assessment, under

the Strategic Environmental Assessment Regulations for the S.L. 504.102

assessment.

(5) Where the assessments referred to in sub-regulation (1)

and the analysis mentioned in sub-regulation (4) identify a potential

for the application of high-efficiency cogeneration and, or efficient

district heating and cooling whose benefits exceed the costs, the

Minister shall take adequate measures for efficient district heating

and cooling infrastructure to be developed and, or to accommodate

the development of high-efficiency cogeneration and the use of

heating and cooling from waste heat and renewable energy sources in

accordance with sub-regulations (1), (6) and (10). Where the

assessment referred to in sub-regulation (1) and the analysis referred

to in sub-regulation (4) do not identify a potential whose benefits

exceed the costs, including the administrative costs of carrying out

the cost-benefit analysis referred to in sub-regulation (6), installations

shall be exempted from the requirements laid down in those sub-

regulations.

(6) A cost-benefit analysis in accordance with Part 2 of the

Eighth Schedule shall be carried out by the project promoter when,

after the 5th June 2014

(a)

a new thermal electricity generation installation

with a total thermal input exceeding 20 MW is planned, to

assess the cost and benefits of providing for the operation of the

installation as high-efficiency cogeneration installation;

(b)

an existing thermal electricity generation

installation with a total thermal input exceeding 20 MW is

substantially refurbished, to assess the cost and benefits of

converting it to high efficiency cogeneration;

(c)

an industrial installation with a total thermal input

exceeding 20 MW generating waste heat at a useful temperature

level is planned or substantially refurbished, to assess the cost

and benefits of utilising the waste heat to satisfy economically

justified demand, including through cogeneration, and of the

connection of this installation to a district heating and cooling

network;

(d)

a new district heating and cooling network is

planned or in an existing district heating or cooling network a

new energy production installation with a total thermal input

exceeding 20 MW is planned or an existing such installation is

to be substantially refurbished, to assess the cost and benefits of

utilising the waste heat from nearby industrial installations.

(7) The fitting of equipment to capture carbon dioxide

produced by a combustion installation with a view to its being

geologically stored as provided for in the Geological Storage of

Carbon Dioxide Regulations shall not be considered as refurbishment

for the purpose of sub-regulation (6)(b), (c) and (d). The cost-benefit

analysis referred to in sub-regulation (6)(c) and (d) shall be carried

out in co-operation with the companies responsible for the operation

of the district heating and cooling networks.

(8) The following installations shall be exempt from sub-

regulation (6)

(a)

those peak load and back-up electricity generating

installations which are planned to operate under 1,500 operating

hours per year as a rolling average over a period of five years,

based on a verification procedure established by the Authority

ensuring that this exemption criterion is met;

(b)

nuclear power installations;

(c)

installations that need to be located close to a

geological storage site approved under the Geological Storage

of Carbon Dioxide Regulations.

(9) The Minister may also lay down thresholds, expressed in

terms of the amount of available useful waste heat, the demand for

heat or the distances between industrial installations and district

heating networks, for exempting individual installations from the

provisions of sub-regulation (6)(c) and (d).

The Minister shall notify to the Commission exemptions

adopted under this sub-regulation by the 31st of December 2013. Any

subsequent changes to such exemptions thereafter shall also be

notified by the Minister to the Commission.

(10) Authorisation criteria as referred to in Article 7 of

Directive 2009/72/EC, or equivalent permit criteria, shall

(a)

take into account the outcome of the

comprehensive assessments referred to in sub-regulation (1);

(b)

ensure that the requirements of sub-regulation (6)

are fulfilled; and

(c)

take into account the outcome of cost-benefit

analysis referred to in sub-regulation (6).

(11) The Authority may exempt individual installations from

being required, by the authorisation and permit criteria referred to in

sub-regulation (10), to implement options whose benefits exceed their

costs, if there are imperative reasons of law, ownership or finance for

so doing. In these cases the Minister shall submit a motivated

notification of his decision to the Commission within three months of

the date of the taking of the Minister’s decision.

(12) Sub-regulations (6), (8), (10) and (11) shall apply to

installations covered by the Industrial Emissions (Large Combustion S.L. 504.93A

Plants) Regulations without prejudice to the requirements of those

regulations.

(13) On the basis of the harmonised efficiency reference values

referred to in paragraph (f) of the Second Schedule, the Authority

shall ensure that the origin of electricity produced from high-

efficiency cogeneration can be guaranteed according to objective,

transparent and non-discriminatory criteria laid down by the Minister.

The Authority shall ensure that this guarantee of origin complies with

the requirements and contains at least the information specified in the

Ninth Schedule.

The Authority shall mutually recognise guarantees of

origin from other Member States, exclusively as proof of the

information referred to in this sub-regulation. Any refusal to

recognise a guarantee of origin as such proof, in particular for reasons

relating to the prevention of fraud, must be based on objective,

transparent and non-discriminatory criteria. The Minister shall notify

the Commission of such refusal and its justification.

(14) Any available support for cogeneration shall be subject to

the electricity produced originating from high-efficiency

cogeneration and the waste heat being effectively used to achieve

primary energy savings. Public support to cogeneration and district

heating generation and networks shall be subject to State aid rules,

where applicable.

(1)

The Authority shall pay due regard to energy

efficiency in carrying out the regulatory tasks specified in the

Electricity Market Regulations and the Natural Gas Market

Regulations regarding its decisions on the operation of the gas and

electricity infrastructure. The Authority shall in particular through the

development of network tariffs and regulations, within the framework

of the Electricity Market Regulations and taking into account the

costs and benefits of each measure, provide incentives for grid

operators to make available system services to network users

permitting them to implement energy efficiency improvement

measures in the context of the continuing deployment of smart grids.

Such systems services may be determined by the system operator and

shall not adversely impact the security of the system. For electricity,

network regulation, and network tariffs shall fulfil the criteria in the

Tenth Schedule, taking into account guidelines and codes developed

pursuant to Regulation 714/2009.

(2) By the 30th June 2015, distribution system operators shall

ensure that

(a)

an assessment is undertaken of the energy

efficiency potentials of their gas and electricity infrastructure,

notably regarding transmission, distribution, load management

and interoperability, and connection to energy generating

installations, including access possibilities for micro energy

generators;

(b)

concrete measures and investments are identified

for the introduction of cost-effective energy efficiency

improvements in the network infrastructure, with a timetable for

their introduction.

(3) The Authority may permit components of schemes and

tariff structures with a social aim for net-bound energy transmission

and distribution

Provided that any disruptive effects on the transmission

and distribution system are kept to the minimum necessary and are

not disproportionate to the social aim.

(4) The distribution system operator, subject to the approval of

the Authority, shall remove those incentives in transmission and

distribution tariffs that are detrimental to the overall efficiency

(including energy efficiency) of the generation, transmission,

distribution and supply of electricity or those that might hamper

participation of demand response, in balancing markets and ancillary

services procurement. Network operators shall be incentivised to

improve efficiency in infrastructure design and operation, and, within

the framework of the Electricity Market Regulations, that tariffs S.L. 423.22

allow suppliers to improve consumer participation in system

efficiency, including demand response depending on national

circumstances.

(5) Without prejudice to regulation 25(1) of the Electricity S.L. 423.22

Market Regulations and taking into account the provisions of Article

15 of Directive 2009/72/EC and the need to ensure continuity in heat

supply, and subject to requirements relating to the maintenance of the

reliability and safety of the electricity grid, based on transparent and

non-discriminatory criteria defined by the transmission system

operator and distribution system operator and approved by the

Authority, the transmission system operator and distribution system

operator shall, when they are in charge of dispatching the generating

installations in their territory

(a)

guarantee the transmission and distribution of

electricity from high-efficiency cogeneration;

(b)

provide priority access to the grid of electricity

from high efficiency cogeneration;

(c)

when

dispatching

electricity

generating

installations, provide priority dispatch of electricity from high

efficiency cogeneration in so far as the secure operation of the

national electricity system permits.

(6) Rules relating to the ranking of the different access and

dispatch priorities granted in electricity systems shall be clearly

explained in detail and published. When providing priority access or

dispatch for high efficiency cogeneration, the transmission system

operator and the distribution system operator may, subject to the

approval of the Authority, set rankings as between, and within

different types of, renewable energy and high efficiency cogeneration

and shall in any case ensure that priority access or dispatch for energy

from variable renewable energy sources is not hampered.

In addition to the obligations laid down in sub-regulation

(5), transmission system operators and distribution system operators

shall comply with the requirements set out in the Tenth Schedule.

The transmission system operator and the distribution

system operator shall facilitate the connection to the grid system of

electricity produced from high-efficiency cogeneration from small

scale and micro cogeneration units. The Authority shall, where

appropriate, take steps to encourage network operators to adopt a

simple notification "install and inform" process for the installation of

micro cogeneration units to simplify and shorten authorisation

procedures for individual citizens and installers.

(7) Subject to the requirements relating to the maintenance of

the reliability and safety of the grid, where this is technically and

economically feasible with the mode of operation of the high-

efficiency cogeneration installation, high-efficiency cogeneration

operators shall offer balancing services and other operational services

at the level of transmission system operator or distribution system

operator. The transmission system operator and the distribution

system operator shall ensure that such services are part of a services

bidding process which is transparent, non-discriminatory and open to

scrutiny.

Where appropriate, the transmission system operator and

the distribution operator shall encourage high-efficiency cogeneration

to be sited close to areas of demand by reducing the connection and

use-of-system charges.

(8) Producers of electricity from high-efficiency cogeneration

wishing to be connected to the grid may issue a call for tender for the

connection work.

(9) The Authority shall encourage demand side resources,

such as demand response, to participate alongside supply in

wholesale and retail markets. Subject to technical constraints inherent

in managing networks, the transmission system operator and the

distribution system operator, in meeting requirements for balancing

and ancillary services, shall treat demand response providers,

including aggregators, in a non-discriminatory manner, on the basis

of their technical capabilities.

(10) Subject to technical constraints inherent in managing

networks, the transmission system operator and the distribution

system operator shall, subject to the approval of the Authority,

promote demand response’s access to and participation in balancing,

reserve and other system services markets, and the transmission and

distribution system operator shall in close cooperation with demand

service providers and consumers, define the technical modalities for

participation in those markets on the basis of the technical

requirements of those markets and the capabilities of demand

response. Such specifications shall include the participation of

aggregators.

(11) When reporting under Directive 2010/75/EU, and without

prejudice to Article 9(2) of that Directive, the authority responsible

for reporting under Directive 2010/75/EU shall consider including

information on energy efficiency levels of installations undertaking

the combustion of fuels with total rated thermal input of 50 MW or

more in the light of the relevant best available techniques developed

in accordance with Directive 2010/75/EU and Directive 2008/1/EC.

The authority responsible for reporting under Directive

2010/75/EU may encourage operators of installations referred to in

this sub-regulation undertaking the combustion of fuels with total

rated thermal input of 50 MW or more to improve their annual

average net operational rates.

(1)

Certification and, or accreditation schemes and, or Qualification

equivalent qualification schemes, including, where necessary, schemes

made available.

suitable training programmes, shall be made available by the 1st

January 2015 for providers of energy services, energy audits, energy

managers and installers of energy-related building elements where the

national level of technical competence, objectivity and reliability is

insufficient.

(2) The Minister shall ensure that the schemes referred to in

sub-regulation (1) provide transparency to consumers, are reliable

and contribute to national energy efficiency objectives.

(3) The Minister shall make publicly available the certification

and, or accreditation schemes or equivalent qualification schemes

referred to in sub-regulation (1). The Minister shall take appropriate

measures to make consumers aware of the availability of qualification

and, or certification schemes, in accordance with regulation 20(1).

(1)

The Building Regulation Board, the Minister, the Information to

Authority and entrusted parties shall provide information on available be

relevant

energy efficiency mechanisms and financial and legal frameworks, authorities.

which information shall be transparent and widely disseminated to all

relevant market actors, such as consumers, builders, architects,

engineers, environmental and energy auditors and installers of

building elements and shall provide information to banks and other

financial institutions on possibilities of participating, including

through the creation of public and, or private partnerships, in the

financing of energy efficiency improvement measures.

(2) The Minister shall establish appropriate conditions for

market operators to provide adequate and targeted information and

advice to energy consumers on energy efficiency.

(3) The entrusted parties, with the participation of

stakeholders, including local and regional authorities, shall promote

suitable information, awareness-raising and training initiatives to

inform citizens of the benefits and practicalities of taking energy

efficiency improvement measures.

The Minister shall promote the energy services

market and access for small and medium-sized enterprises to this

(a)

disseminating

clear

and

easily

accessible

information on

(i) available energy service contracts and clauses

that should be included in such contracts to guarantee

energy savings and final customers’ rights;

(ii) financial instruments, incentives, grants and

loans to support energy efficiency service projects;

(b)

encouraging the development of quality labels,

inter alia by trade associations;

(c)

making publicly available and regularly updating a

list of available energy service providers who are qualified and,

or certified and their qualifications and, or certifications in

accordance with regulation 18, or provide an interface where

energy service providers can provide information;

(d)

supporting the public sector in taking up energy

service offers, notably for building refurbishment, by

(i) providing model contracts for energy

performance contracting which at least include the items

listed in the Twelfth Schedule;

(ii) providing information on best practices for

energy performance contracting, including, if available,

cost and benefit analysis using a life-cycle approach;

(e)

providing a qualitative review in the framework of

the National Energy Efficiency Action Plan regarding the

current and future development of the energy services market.

(2) The Minister shall support the proper functioning of the

energy services market, where appropriate, by

(a)

identifying and publicising the point of contact

where final customers can obtain the information referred to in

sub-regulation (1);

(b)

taking, if necessary, measures to remove the

regulatory and non-regulatory barriers that impede the uptake of

energy performance contracting and other energy efficiency

service models for the identification and, or implementation of

energy saving measures;

(c)

considering putting in place or assigning the role of

an independent mechanism, such as an ombudsman, to ensure

the efficient handling of complaints and out-of-court settlement

of disputes arising from energy service contracts;

(d)

enabling independent market intermediaries to play

a role in stimulating market development on the demand and

supply sides.

(3) Energy distributors, distribution system operators and

retail energy sales companies shall refrain from any activities that

may impede the demand for and delivery of energy services or other

energy efficiency improvement measures, or hinder the development

of markets for energy services or other energy efficiency

improvement measures, including foreclosing the market for

competitors or abusing dominant positions.

(1)

Il-Ministru għandu jippromwovi s-suq ta’ servizzi

tal-enerġija u l-aċċess għal intrapriżi żgħar u ta’ daqs medju għal dan

is-suq billi

(a)

ixerred informazzjoni ċara u li tkun faċilment

aċċessibbli fuq

(i) kuntratti ta’ servizz tal-enerġija disponibbli u

l-klawsoli li għandhom jiġu inklużi f’dawk il-kuntratti

biex jiggarantixxu l-iffrankar tal-enerġija u d-drittijiet tal-

klijenti finali;

(ii) strumenti finanzjarji, inċentivi, għotjiet u self

bħala appoġġ għal proġetti ta’ servizz fl-effiċjenza tal-

enerġija;

(b)

jinkoraġġixxi l-iżvilupp tat-tikketti ta’ kwalità, fost

l-oħrajn minn assoċjazzjonijiet kummerċjali;

(ċ)

jagħmel pubblikament disponibbli u regolarment

jaġġorna l-lista disponibbli ta’ provdituri ta’ servizz tal-enerġija

li jkunu kwalifikati u, jew ċertifikati u l-kwalifiki u, jew

ċertifikazzjonijiet tagħhom skont ir-regolament 18, jew

jipprovdi interface fejn fornituri ta’ servizz ta’ enerġija jkunu

jistgħu jipprovdu informazzjoni;

(d)

jappoġġa lis-settur pubbliku f’illi jagħżel offerti ta’

servizz tal-enerġija, l-aktar għar-ristawr ta’ bini, billi

(i) jipprovdi kuntratti mudell għall-ikkuntrattar

ta’ rendiment ta’ enerġija li jkunu mill-inqas jinkludu l-

oġġetti elenkati fit-Tnax-il Skeda;

(ii) jipprovdi informazzjoni dwar l-aħjar prattiċi

għall-ikkuntrattar ta’ rendiment ta’ enerġija, inklużi, jekk

ikunu disponibbli, il-kost u l-analiżi tal-benefiċċju billi

jintuża approċċ ta’ ċiklu vitali;

(e)

jipprovdi reviżjoni kwalitattiva fil-kuntest tal-Pjan

ta’ Azzjoni Nazzjonali għall-Effiċjenza fl-Enerġija dwar l-

iżvilupp kurrenti u futur tas-suq ta’ servizzi tal-enerġija.

(2) Il-Ministru għandu jappoġġa l-funzjonament kif imiss tas-

suq ta’ servizzi tal-enerġija, fejn ikun adatt, billi

(a)

jidentifika u jippubbliċizza l-punt ta’ kuntatt fejn

il-klijenti finali jistgħu jiksbu l-informazzjoni msemmija fis-

subregolament (1);

(b)

jieħu, jekk ikun meħtieġ, miżuri biex ineħħi l-

ostakli regolatorji u mhux regolatorji li jimpedixxu l-

assorbiment ta’ kuntratti ta’ rendiment tal-enerġija u ta’ mudelli

oħra ta’ servizz ta’ effiċjenza fl-enerġija sabiex jiġu identifikati

u, jew implimentati miżuri ta’ iffrankar tal-enerġija;

(ċ)

iqis li jadotta jew jassenja r-rwol ta’ mekkaniżmu

indipendenti, bħal dak ta’ ombudsman, biex jiżgura l-

immaniġġar effiċjenti tal-ilmenti u r-riżolviment barra mill-qorti

ta’ tilwim li jinqala’ minn kuntratti ta’ servizz tal-enerġija;

(d)

jippermetti lil intermedjarji indipendenti tas-suq li

jkollhom rwol fl-istimulazzjoni tal-iżvilupp tas-suq f’dik li hi t-

talba għad-domanda u l-provvista.

(3) Id-distributuri tal-enerġija, l-operaturi tas-sistema ta’

distribuzzjoni u l-kumpanniji għall-bejgħ bl-imnut tal-enerġija

m’għandhom jagħmlu ebda attività li tista’ timpedixxi d-domanda

għal, u l-kunsinna ta’ servizzi tal-enerġija jew ta’ miżuri oħra għat-

titjib tal-effiċjenza fl-enerġija, jew ifixklu l-iżvilupp ta’ swieq għal

servizzi tal-enerġija jew għal miżuri oħra għat-titjib tal-effiċjenza fl-

enerġija, inkluża l-esklużjoni tas-suq għall-kompetituri jew għal

pożizzjonijiet dominanti li jkunu qegħdin jabbużaw minnha.

(1)

Without prejudice to the basic principles of the Removal of all

property and tenancy laws, the Minister shall evaluate and if regulatory

barriers to

necessary take appropriate measures to remove regulatory and non- energy

efficiency.

regulatory barriers to energy efficiency, notably as regards

(a)

the split of incentives between the owner and the

tenant of a building or among owners, with a view to ensuring

that these parties are not deterred from making efficiency-

improving investments that they would otherwise have made by

the fact that they will not individually obtain the full benefits or

by the absence of rules for dividing the costs and benefits

between them, including national rules and measures regulating

multi-owner property decision-making processes;

(b)

legal and regulatory provisions, and administrative

practices, regarding public purchasing and annual budgeting

and accounting, with a view to ensuring that individual public

bodies are not deterred from making investments in improving

energy efficiency and minimising expected life-cycle costs and

from using energy performance contracting and other third-

party financing mechanisms on a long-term contractual basis.

Such measures to remove barriers may include providing

incentives, repealing or amending legal or regulatory provisions, or

adopting guidelines and interpretative communications, or

simplifying administrative procedures. These measures may be

combined with the provision of education, training and specific

information and technical assistance on energy efficiency.

(2) The evaluation of barriers and measures referred to in sub-

regulation (1) shall be notified to the Commission in the first National

Energy Efficiency Action Plan referred to in regulation 24(2).

(1)

Without prejudice to Articles 107 and 108 of the

Treaty, the Minister shall facilitate the establishment of financing

facilities, or use of existing ones, for energy efficiency improvement

measures to maximise the benefits of multiple streams of financing.

(2) The Minister may set up an Energy Efficiency National

Fund. The purpose of this fund shall be to support national energy

efficiency initiatives.

(3) The obligations set out in regulation 5(1) may be fulfilled

by annual contributions to the Energy Efficiency National Fund of an

equal amount to the investments required to achieve the obligations.

(4) Obligated parties can fulfill their obligations set out in

regulation 7(1) by contributing annually to the Energy Efficiency

National Fund an equal amount to the investments required to achieve

their obligations.

(5) Revenues from annual emission allocations under Decision

No 406/2009/EC may be used for the development of innovative

financing mechanisms to give practical effect to the objective in

regulation 4 of improving the energy performance of buildings.

For the purpose of comparison of energy savings and

conversion to a comparable unit, the conversion factors in the Fourth

Schedule shall apply unless the use of other conversion factors can be

justified.

(1)

The Minister shall prepare by the 15th of April of

each year, a report on the progress achieved towards national energy

efficiency targets, in accordance with Part I of the Thirteenth

Schedule. The report may form part of the National Reform

Programmes referred to in Council Recommendation 2010/410/EU

on broad guidelines for the economic policies of the Member States

and of the Union.

(2) By the 30th April 2014, and every three years thereafter,

the Minister shall prepare a National Energy Efficiency Action Plan.

The Plan shall cover significant energy efficiency improvement

measures and expected and, or achieved energy savings, including

those in the supply, transmission and distribution of energy as well as

energy end-use in view of achieving the national energy efficiency

targets referred to in regulation 3(1). The plan shall be complemented

with updated estimates of expected overall primary energy

consumption in 2020, as well as estimated levels of primary energy

consumption in the sectors indicated in Part I of the Thirteenth

Schedule.

(3) The Authority shall prepare before the 30th April of each

year statistics on national electricity and heat production from high

and low efficiency cogeneration, in accordance with the methodology

shown in the First Schedule, in relation to total heat and electricity

capacities. The Authority shall also prepare annual statistics on

cogeneration heat and electricity capacities and fuels for

cogeneration, and on district heating and cooling production and

capacities, in relation to total heat and electricity capacities. The

Authority shall prepare statistics on primary energy savings achieved

by application of cogeneration in accordance with the methodology

shown in the Second Schedule.

Any person who -

Offences and

penalties.

(a)

wilfully or through negligence acts in breach of any

provision of these regulations;

(b)

fails to comply with any lawful order by an

inspector, employee or officer of the Authority in execution of

their duties in terms of these regulations;

(c)

makes a declaration for any of the purposes of

these regulations which is false, misleading or incorrect in any

material respect,

shall be guilty of an offence against these regulations and shall, on

conviction, be liable to a fine (multa) of not more than sixty-nine

thousand and eight hundred and eighty-one euro and twenty cents

(69,881.20), or to one thousand and three hundred and ninety-seven

euro and sixty-two cents (1,397.62) for each day during which the

offence persists.

(1)

The Cogeneration Regulations, 2007 are hereby

revoked.

(2) The Energy End-use Efficiency and Energy Services

Regulations, 2008, are also hereby being revoked except for

regulation 4(1) to (4) thereof and the First, Third and Fourth

2008. Schedules thereof. Regulation 4(1) to (4) and the First, Third and

Fourth Schedules of the Energy End-use Efficiency and Energy

Services Regulations shall be revoked with effect from the 1st

January 2017.

First Schedule

Regulation 24(3)

General principles for the calculation of electricity from cogeneration

PART I. General principles

Values used for calculation of electricity from cogeneration shall be

determined on the basis of the expected or actual operation of the unit under

normal conditions of use. For micro-cogeneration units the calculation may be

based on certified values.

(a) Electricity production from cogeneration shall be considered equal to

total annual electricity production of the unit measured at the outlet of the main

generators.

(i)

in cogeneration units of type (b), (d), (e), (f), (g) and (h) referred

to in Part II with an annual overall efficiency at a level of at least 75%, and

(ii)

in cogeneration units of type (a) and (c) referred to in Part II

with an annual overall efficiency at a level of at least 80%.

(b) In cogeneration units with an annual overall efficiency below the value

referred to in paragraph (a)(i) (cogeneration units of type (b), (d), (e), (f), (g) and

(h) referred to in Part II) or with an annual overall efficiency below the value

referred to in paragraph (a)(ii) (cogeneration units of type (a) and (c) referred to in

Part II) cogeneration is calculated according to the following formula

E CHP =H CHP *C

where

E CHP is the amount of electricity from cogeneration

C is the power to heat ratio

H CHP is the amount of useful heat from cogeneration (calculated for this

purpose as total heat production minus any heat produced in separate boilers or by

live steam extraction from the steam generator before the turbine).

The calculation of electricity from cogeneration must be based on the actual

power to heat ratio. If the actual power to heat ratio of a cogeneration unit is not

known, the following default values may be used, notably for statistical purposes,

for units of type (a), (b), (c), (d) and (e) referred to in Part II provided that the

calculated cogeneration electricity is less or equal to total electricity production of

the unit

Type of the unit

Default power to heat ratio, C

Combined cycle gas turbine with heat recovery

0,95

Steam back pressure turbine

0,45

Steam condensing extraction turbine

0,45

Gas turbine with heat recovery

0,55

Internal combustion engine

0,75

If the Authority introduces default values for power to heat ratios for units of

type (f), (g), (h), (i), (j) and (k) referred to in Part II, such default values shall be

published and shall be notified to the Commission.

(c) If a share of the energy content of the fuel input to the cogeneration

process is recovered in chemicals and recycled, this share can be subtracted from

the fuel input before calculating the overall efficiency used in paragraphs (a) and

(b) of this Schedule.

(d) The Authority may determine the power to heat ratio as the ratio

between electricity and useful heat when operating in cogeneration mode at a

lower capacity using operational data of the specific unit.

(e) The Authority may use other reporting periods than one year for the

purpose of the calculations according to paragraphs (a) and (b) of this Schedule.

PART II. Cogeneration technologies covered by these regulations

(a)

Combined cycle gas turbine with heat recovery;

(b) Steam backpressure turbine;

(c)

Steam condensing extraction turbine;

(d) Gas turbine with heat recovery;

(e)

Internal combustion engine;

(f)

Microturbines;

(g) Stirling engines;

(h) Fuel cells;

(i)

Steam engines;

(j)

Organic Rankine cycles;

(k) Any other type of technology or combination thereof falling under the

definition ”cogeneration” laid down in regulation 2.

When implementing and applying the general principles for the calculation

of electricity from cogeneration, the Minister shall use the detailed Guidelines

established by Decision 2008/952/EC.

Second Schedule

Regulations 16(13) and 24(3)

Methodology for determining the efficiency

of the cogeneration process

Values used for calculation of efficiency of cogeneration and primary energy

savings shall be determined on the basis of the expected or actual operation of the

unit under normal conditions of use.

(a)

High-efficiency cogeneration

For the purpose of these regulations high-efficiency cogeneration shall fulfil

the following criteria

(i)

cogeneration production from cogeneration units shall provide

primary energy savings calculated according to paragraph (b) of this

Schedule of at least 10% compared with the references for separate

production of heat and electricity;

(ii)

production from small scale and micro cogeneration units

providing primary energy savings may qualify as high-efficiency

cogeneration.

(b) Calculation of primary energy savings

The amount of primary energy savings provided by cogeneration production

defined in accordance with the First Schedule shall be calculated on the basis of

the following formula

Where

PES is primary energy savings.

CHP Hη is the heat efficiency of the cogeneration production defined as

annual useful heat output divided by the fuel input used to produce the sum of

useful heat output and electricity from cogeneration.

Ref Hη is the efficiency reference value for separate heat production.

CHP Eη is the electrical efficiency of the cogeneration production defined as

annual electricity from cogeneration divided by the fuel input used to produce the

sum of useful heat output and electricity from cogeneration. Where a cogeneration

unit generates mechanical energy, the annual electricity from cogeneration may be

increased by an additional element representing the amount of electricity which is

equivalent to that of mechanical energy. This additional element will not create a

right to issue guarantees of origin in accordance with regulation 16(13).

Ref Eη is the efficiency reference value for separate electricity production.

(c)

Calculations of energy savings using alternative calculation

The Minister may calculate primary energy savings from a production of heat

and electricity and mechanical energy as below without using the First Schedule to

exclude the non-cogenerated heat and electricity parts of the same process. Such a

production can be regarded as high-efficiency cogeneration provided it fulfils the

efficiency criteria in paragraph (a) of this Schedule and, for cogeneration units

with an electrical capacity larger than 25 MW, the overall efficiency is above 70%.

However, specification of the quantity of electricity from cogeneration produced in

such a production, for issuing a guarantee of origin and for statistical purposes,

shall be determined in accordance with the First Schedule.

If primary energy savings for a process are calculated using alternative

calculation as above the primary energy savings shall be calculated using the

formula in paragraph (b) of this Schedule replacing: ‘CHP Hη’ with ‘Hη’ and

‘CHP Eη’ with ‘Eη’, where

Hη shall mean the heat efficiency of the process, defined as the annual heat

output divided by the fuel input used to produce the sum of heat output and

electricity output.

Eη shall mean the electricity efficiency of the process, defined as the annual

electricity output divided by the fuel input used to produce the sum of heat output

and electricity output. Where a cogeneration unit generates mechanical energy, the

annual electricity from cogeneration maybe increased by an additional element

representing the amount of electricity which is equivalent to that of mechanical

energy. This additional element will not create a right to issue guarantees of origin

in accordance with regulation 16(13).

(d) The Authority may use other reporting periods than one year for the

purpose of the calculations according to paragraphs (b) and (c) of this Schedule.

(e) For micro-cogeneration units the calculation of primary energy savings

may be based on certified data.

(f) Efficiency reference values for separate production of heat and

electricity

The harmonised efficiency reference values shall consist of a matrix of

values differentiated by relevant factors, including year of construction and types

of fuel, and must be based on a well-documented analysis taking, inter alia, into

account data from operational use under realistic conditions, fuel mix and climate

conditions as well as applied cogeneration technologies.

The efficiency reference values for separate production of heat and electricity

in accordance with the formula set out in paragraph (b) shall establish the

operating efficiency of the separate heat and electricity production that

cogeneration is intended to substitute.

The efficiency reference values shall be calculated according to the following

principles

1. For cogeneration units as defined in regulation 2 the comparison

with separate electricity production shall be based on the principle that the

same fuel categories are compared.

2. Each cogeneration unit shall be compared with the best

available and economically justifiable technology for separate production of

heat and electricity on the market in the year of construction of the

cogeneration unit.

3. The efficiency reference values for cogeneration units older than

10 years of age shall be fixed on the reference values of units of 10 years of

age.

4. The efficiency reference values for separate electricity

production and heat production shall reflect the climatic differences between

Member States.

Third Schedule

Regulation 6(1)

Energy efficiency requirements for purchasing products, services

and buildings by Government

Government when purchasing products, services or buildings, insofar as this

is consistent with cost-effectiveness, economical feasibility, wider sustainability,

technical suitability, as well as sufficient competition, shall

(a)

where a product is covered by a delegated act adopted under

Directive 2010/30/EU or Directive 92/75/EEC, purchase only the products

that comply with the criterion of belonging to the highest energy efficiency

class possible in the light of the need to ensure sufficient competition;

(b)

where a product not covered under paragraph (a) of this

Schedule is covered by an implementing measure under the Framework for

the Setting of Ecodesign Requirements for Energy-Related Products

Regulations, (S.L. 427.64) adopted after the entry into force of these

regulations, purchase only products that comply with energy efficiency

benchmarks specified in that implementing measure;

(c)

purchase office equipment products covered by Council

Decision 2006/1005/EC that comply with energy efficiency requirements not

less demanding than those listed in Annex C of the Agreement attached to

that Decision;

(d)

purchase only tyres that comply with the criterion of having the

highest fuel energy efficiency class, as defined by Regulation (EC) No 1222/

2009. This requirement shall not prevent public bodies from purchasing tyres

with the highest wet grip class or external rolling noise class where justified

by safety or public health reasons;

(e)

require in their tenders for service contracts that service

providers use, for the purposes of providing the services in question, only

products that comply with the requirements referred to in paragraphs (a) to

(d) of this Schedule, when providing the services in question. This

requirement shall apply only to new products purchased by service providers

partially or wholly for the purpose of providing the service in question;

(f)

purchase, or make new rental agreements for, only buildings that

comply at least with the minimum energy performance requirements referred

to in regulation 5(1) unless the purpose of the purchase is

(i)

deep renovation or demolition;

(ii)

the public body intends to re-sell the building without

using it for its own purposes; or

(iii) to preserve it as a building officially protected as part of a

designated environment, or because of its special architectural or

historical merit.

Compliance with these requirements shall be verified by means of the energy

performance certificates referred to in regulation 12 of the Energy Performance of

Buildings Regulations. (S.L. 513.01)

Fourth Schedule

Regulations 7(6), 9(5)(d), 23

Energy content of selected fuels for end use - conversion table *

Energy commodity

kJ (NCV)

kgoe (NCV)

kWh (NCV)

1 kg coke

28500

0,676

7,917

1 kg hard coal

17200 - 30700

0,411 - 0,733

4,778 - 8,528

1 kg brown coal briquettes

20000

0,478

5,556

1 kg black lignite

10500 - 21000

0,251 - 0,502

2,917 - 5,833

1 kg brown coal

5600 - 10500

0,134 - 0,251

1,556 - 2,917

1 kg oil shale

8000 - 9000

0,191 - 0,215

2,222 - 2,500

1 kg peat

7800 - 13800

0,186 - 0,330

2,167 - 3,833

1 kg peat briquettes

16000 - 16800

0,382 - 0,401

4,444 - 4,667

1 kg residual fuel oil (heavy

oil)

40000

0,955

11,111

1 kg light fuel oil

42300

1,010

11,750

1 kg motor spirit (petrol)

44000

1,051

12,222

1 kg paraffin

40000

0,955

11,111

1 kg liquefied petroleum gas

46000

1,099

12,778

1 kg natural gas [ 1 ]

47200

1,126

13,10

1 kg liquefied natural gas

45190

1,079

12,553

1 kg wood (25% humidity) [ 2 ]

13800

0,330

3,833

1 kg pellets/wood bricks

16800

0,401

4,667

1 kg waste

7400 - 10700

0,177 - 0,256

2,056 - 2,972

1 MJ derived heat

0,024

0,278

1 [ 3 ]

1 kWh electrical energy

0,086

Source: Eurostat.

[1]

93 % methane.

[2]

The Minister may apply other values depending on the type of wood most used

in Malta.

* The Minister may apply different conversion factors if these can be justified.

[3] Applicable when energy savings are calculated in primary energy terms using

a bottom-up approach based on final energy consumption. For savings in kWh electricity

the Minister may apply a default coefficient of 2,5. The Minister may apply a different

coefficient provided when justifiable.

Fifth Schedule

Regulation 7(1) and (7), 9(1), (2), (3), (4), (5)(e) and (f),

10(10) and (11)

Part A

Common methods and principles for calculating the impact of energy

efficiency obligations schemes or other policy measures under regulation 7(1) and

(3), regulation 9(1), (2), (3) and (4) and regulation 22(4)

1. Methods for calculating energy savings for the purposes of regulation

7(1) and (3), regulation 9(3)(b), (c), (d), (e) and (f) and regulation 22(4).

Obligated, participating or entrusted parties or implementing public

authorities may use one or more of the following methods for calculating energy

savings

(a)

deemed savings, by reference to the results of previous

independently monitored energy improvements in similar installations. The

generic approach is termed "ex-ante";

(b)

metered savings, whereby the savings from the installation of a

measure, or package of measures, is determined by recording the actual

reduction in energy use, taking due account of factors such as additionality,

occupancy, production levels and the weather, which may affect

consumption. The generic approach is termed "ex-post";

(c)

scaled savings, whereby engineering estimates of savings are

used. This approach may only be used where establishing robust measured

data for a specific installation is difficult or disproportionately expensive,

e.g. replacing a compressor or electric motor with a different kWh rating than

that for which independent information on savings has been measured, or

where they are carried out on the basis of nationally established

methodologies and benchmarks by qualified or accredited experts that are

independent of the obligated, participating or entrusted parties involved;

(d)

surveyed savings, where consumers’ response to advice,

information campaigns, labelling or certification schemes, or smart metering

is determined. This approach may only be used for savings resulting from

changes in consumer behaviour. It may not be used for savings resulting from

the installation of physical measures.

2. In determining the energy saving for an energy efficiency measure for

the purposes of regulation 7(1) and (3), regulation 9(3) (b), (c), (d), (e) and (f) and

regulation 22(4) the following principles shall apply

(a)

credit may only be given for savings exceeding the following

levels

(i) EU emission performance standards for new passenger

cars and new light commercial vehicles following the implementation

of Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011,

respectively;

(ii) EU requirements relating to the removal from the market

of certain energy related products following the implementation of

implementing measures under Directive 2009/125/EC; and

(b)

to account for climatic variations between regions, the Minister

may choose to adjust the savings to a standard value or to accord different

energy savings in accordance with the temperature variations between

regions;

(c)

the activities of the obligated, participating or entrusted party

must be demonstrably material to the achievement of the claimed savings;

(d)

savings from an individual action may not be claimed by more

than one party;

(e)

calculation of energy savings shall take into account the lifetime

of savings. This may be done by counting the savings each individual action

will achieve between its implementation date and the 31st December 2020.

Alternatively, the Minister may adopt another method that is estimated to

achieve at least the same total quantity of savings. When using other

methods, the Minister shall ensure that the total amount of energy savings

calculated with these other methods does not exceed the amount of energy

savings that would have been the result of their calculation when counting

the savings each individual action will achieve between its implementation

date and the 31st December 2020. The first National Energy Efficiency

Action Plan shall describe in detail in accordance with the Fourteenth

Schedule, which other methods have been used and which provisions have

been made to ensure this binding calculation requirement; and

(f)

actions by obligated, participating or entrusted parties, either

individually or together, which aim to result in lasting transformation of

products, equipment, or markets to a higher level of energy efficiency are

permitted; and

(g)

in promoting the uptake of energy efficiency measures, quality

standards for products, services and installation of measures shall be

maintained. Where such standards do not exist, the Minister shall work with

obligated, participating or entrusted parties to introduce them.

3. In determining the energy saving from policy measures applied under

regulation 9(3)(a), the following principles shall apply

(a)

credit shall only be given for energy savings from taxation

measures exceeding the minimum levels of taxation applicable to fuels as

required in Directive 2003/96/EC or in Directive 2006/112/EC;

(b)

recent and representative official data on price elasticities shall

be used for calculation of the impact; and

(c)

the energy savings from accompanying taxation policy

instruments, including fiscal incentives or payment to a fund, shall be

accounted separately.

4. Notification of methodology

The Minister shall notify the Commission of the proposed detailed

methodology for operation of the energy efficiency obligation schemes and for the

purposes of regulation 9(1), (2), (3), (4) and regulation 22(4). Except in the case of

taxes, such notification shall include details of

(a)

obligated, participating or entrusted parties or implementing

public authorities;

(b)

target sectors;

(c)

the level of the energy saving target or expected savings to be

achieved over the whole and intermediate periods;

(d)

the duration of the obligation period and intermediate periods;

(e)

eligible measure categories;

(f)

calculation methodology, including how additionality and

materiality are to be determined and which methodologies and benchmarks

are used for engineering estimates;

(g)

lifetimes of measures;

(h)

approach taken to address climatic variations within the

Member State;

(i)

quality standards;

(j)

monitoring and verification protocols and how the independence

of these from the obligated, participating or entrusted parties is ensured;

(k)

audit protocols; and

(l)

how the need to fulfil the requirement in regulation 7(1)(b), is

taken into account.

In the case of taxes, the notification shall include details of

(a)

target sectors and segment of taxpayers;

(b)

implementing public authority;

(c)

expected savings to be achieved;

(d)

duration of the taxation measure and intermediate periods; and

(e)

calculation methodology, including which price elasticities are

used.

Part B

Minimum criteria for energy audits including those carried out as part of

energy management systems

The energy audits referred to in regulation 10 shall be based on the following

guidelines

(a)

be based on up-to-date, measured, traceable operational data on

energy consumption and (for electricity) load profiles;

(b)

comprise a detailed review of the energy consumption profile of

buildings or groups of buildings, industrial operations or installations,

including transportation;

(c)

build, whenever possible, on life-cycle cost analysis (LCCA)

instead of Simple Payback Periods (SPP) in order to take account of long-

term savings, residual values of long-term investments and discount rates;

(d)

be proportionate, and sufficiently representative to permit the

drawing of a reliable picture of overall energy performance and the reliable

identification of the most significant opportunities for improvement.

Energy audits shall allow detailed and validated calculations for the proposed

measures so as to provide clear information on potential savings.

The data used in energy audits shall be storable for historical analysis and

tracking performance.

Sixth Schedule

Regulation 12(3)(c)

Minimum requirements for billing and billing information

based on actual consumption

1. Minimum requirements for billing

1.1. Billing based on actual consumption

In order to enable final customers to regulate their own energy

consumption, billing should take place on the basis of actual consumption at least

once a year, and billing information should be made available at least quarterly, on

request or where the consumers have opted to receive electronic billing or else

twice yearly. Gas used only for cooking purposes may be exempted from this

requirement.

1.2. Minimum information contained in the bill

Where appropriate, the following information shall be made available to

final customers in clear and understandable terms in or with their bills, contracts,

transactions, and receipts at distribution stations

(a)

current actual prices and actual consumption of energy;

(b)

comparisons of the final customer’s current energy consumption

with consumption for the same period in the previous year, preferably in

graphic form;

(c)

contact information for final customers’ organisations, energy

agencies or similar bodies, including website addresses, from which

information may be obtained on available energy efficiency improvement

measures, comparative end-user profiles and objective technical

specifications for energy-using equipment.

In addition, wherever possible and useful, the following information

shall be made available to final customers in clear and understandable terms,

in, with or signposted to within, their bills, contracts, transactions, and

receipts at distribution stations;

(d)

comparisons with an average normalised or benchmarked final

customer in the same user category.

1.3. Advice on energy efficiency accompanying bills and other feedback to

final customers

When sending contracts and contract changes, and in the bills customers

receive or through websites addressing individual customers, energy distributors,

distribution system operators and retail energy sales companies shall inform their

customers in a clear and understandable manner of contact information for

independent consumer advice centres, energy agencies or similar institutions,

including their internet addresses, where they can obtain advice on available

energy efficiency measures, benchmark profiles for their energy consumption and

technical specifications of energy using appliances that can serve to reduce the

consumption of these appliances.

Seventh Schedule

Regulation 12(1)

Potential for efficiency in heating and cooling

1. The comprehensive assessment of national heating and cooling

potentials referred to in regulation 12(1) shall include

(a)

a description of heating and cooling demand;

(b)

a forecast of how this demand will change in the next 10 years,

taking into account in particular the evolution of demand in buildings and the

different sectors of industry;

(c)

a map of the national territory, identifying, while preserving,

commercially sensitive information

(i)

heating and cooling demand points, including

-

municipalities and conurbations with a plot ratio of

at least 0.3, and

-

industrial zones with a total annual heating and

cooling consumption of more than 20 GWh;

(ii) existing and planned district heating and cooling

infrastructure;

(iii) potential heating and cooling supply points, including

-

electricity generation installations with a total annual

electricity production of more than 20 GWh, and

-

waste incineration plants,

-

existing and planned cogeneration installations,

classified according to Part B of the Fifth Schedule, and district

heating installations;

(d)

identification of the heating and cooling demand that could be

satisfied by high-efficiency cogeneration, including residential micro-

cogeneration, and by district heating and cooling;

(e)

identification of the potential for additional high-efficiency

cogeneration, including from the refurbishment of existing and the

construction of new generation and industrial installations or other facilities

generating waste heat;

(f)

identification of energy efficiency potentials of district heating

and cooling infrastructure;

(g)

strategies, policies and measures that may be adopted up to 2020

and up to 2030 to realise the potential in paragraph (e) in order to meet the

demand in paragraph (d), including, where appropriate, proposals to

(i) increase the share of cogeneration in heating and cooling

production and in electricity production;

(ii) develop efficient district heating and cooling infrastructure

to accommodate the development of high-efficiency cogeneration and

the use of heating and cooling from waste heat and renewable energy

sources;

(iii) encourage new thermal electricity generation installations

and industrial plants producing waste heat to be located in sites where a

maximum amount of the available waste heat will be recovered to meet

existing or forecasted heat and cooling demand;

(iv) encourage new residential zones or new industrial plants

which consume heat in their production processes to be located where

available waste heat, as identified in the comprehensive assessment, can

contribute to meeting their heat and cooling demands. This could

include proposals that support the clustering of a number of individual

installations in the same location with a view to ensuring an optimal

matching between demand and supply for heat and cooling;

(v) encourage thermal electricity generating installations,

industrial plants producing waste heat, waste incineration plants and

other waste-to-energy plants to be connected to the local district heating

or cooling network;

(vi) encourage residential zones and industrial plants which

consume heat in their production processes to be connected to the local

district heating or cooling network;

(h)

the share of high efficiency cogeneration and the potential

established and progress achieved under Directive 2004/8/EC;

(i)

an estimate of the primary energy to be saved;

(j)

an estimate of public support measures to heating and cooling, if

any, with the annual budget and identification of the potential aid element.

This does not prejudge a separate notification of the public support schemes

for a State aid assessment.

2. To the extent appropriate, the comprehensive assessment may be made

up of an assembly of regional or local plans and strategies.

Eighth Schedule

Regulation 16(4)

Cost-benefit analysis

Part 1: General principles of the cost-benefit analysis

The purpose of preparing cost-benefit analyses in relation to measures for

promoting efficiency in heating and cooling as referred to in regulation 16(4) is to

provide a decision base for qualified prioritisation of limited resources at society

level.

The cost-benefit analysis may either cover a project assessment or a group of

projects for a broader local, regional or national assessment in order to establish

the most cost-effective and beneficial heating or cooling option for a given

geographical area for the purpose of heat planning.

Cost-benefit analyses for the purposes of regulation 16(4) shall include an

economic analysis covering socio-economic and environmental factors.

The cost-benefit

analyses

shall

include

the

following

steps

and

considerations

(a)

Establishing a system boundary and geographical boundary

The scope of the cost-benefit analyses in question determines

the relevant energy system. The geographical boundary shall cover a suitable

well-defined geographical area, e.g. a given region or metropolitan area, to

avoid selecting sub-optimized solutions on a project by project basis.

(b)

Integrated approach to demand and supply options

The cost-benefit analysis shall take into account all relevant

supply resources available within the system and geographical boundary,

using the data available, including waste heat from electricity generation and

industrial installations and renewable energy, and the characteristics of and

trends in heat and cooling demand.

(c)

Constructing a baseline

The purpose of the baseline is to serve as a reference point, to

which the alternative scenarios are evaluated.

(d)

Identifying alternative scenarios

All relevant alternatives to the baseline shall be considered.

Scenarios that are not feasible due to technical reasons, financial reasons,

national regulation or time constraints may be excluded at an early stage of

the cost benefit analysis if justified based on careful, explicit and well-

documented considerations.

Only high-efficiency cogeneration, efficient district heating and

cooling or efficient individual heating and cooling supply options as defined

in regulation 2 should be taken into account in the cost-benefit analysis as

alternative scenarios compared to the baseline.

(e)

Method for the calculation of cost-benefit surplus

(i) The total long-term costs and benefits of heat or cooling

supply options shall be assessed and compared.

(ii) The criterion for evaluation shall be the net present value

(NPV) criterion.

(iii) The time horizon shall be chosen such that all relevant

costs and benefits of the scenarios are included. For example, for a gas-

fired power plant an appropriate time horizon could be 25 years, for a

district heating system, 30 years, or for heating equipment such as

boilers 20 years.

(f)

Calculation and forecast of prices and other assumptions for the

economic analysis

(i) The Minister shall provide assumptions, for the purpose of

the cost-benefit analyses, on the prices of major input and output factors

and the discount rate.

(ii) The discount rate used in the economic analysis for the

calculation of net present value shall be chosen according to European

or national guidelines * .

(iii) The Minister shall use national, European or international

energy price development forecasts if appropriate in their national and,

or regional or local context.

(iv) The prices used in the economic analysis shall reflect the

true socio economic costs and benefits and should include external

costs, such as environmental and health effects, to the extent possible,

i.e. when a market price exists or when it is already included in

European or national regulation.

(g)

Economic analysis: Inventory of effects

The economic analyses shall take into account all relevant

economic effects.

The Minister may assess and take into account in decision

making costs and energy savings from the increased flexibility in energy

supply and from a more optimal operation of the electricity networks,

including avoided costs and savings from reduced infrastructure investment,

in the analysed scenarios.

The costs and benefits taken into account shall include at least

the following

(i)

Benefits

a.

Value of output to the consumer (heat and electricity)

b. External benefits such as environmental and health

benefits, to the extent possible

(ii) Costs

a.

Capital costs of plants and equipments

b.

Capital costs of the associated energy networks

* The national discount rate chosen for the purpose of economic analysis should take into

account data provided by the European Central Bank.

c.

Variable and fixed operating costs

d.

Energy costs

e.

Environmental and health cost, to the extent possible

(h)

Sensitivity analysis

A sensitivity analysis shall be included to assess the costs and

benefits of a project or group of projects based on different energy prices,

discount rates and other variable factors having a significant impact on the

outcome of the calculations.

The Minister shall carry out the cost-benefit analyses under

regulation 12. Competent local, regional and national authorities or operators

of individual installations may be required to carry out the economic and

financial analysis. The Minister shall provide the detailed methodologies and

assumptions in accordance with this Schedule and establish and make public

the procedures for the economic analysis.

Part 2: Principles for the purpose of regulation 16(4) and (10)

The cost-benefit analyses shall provide information for the purpose of the

measures referred to in regulation 16(4) and (10)

If an electricity-only installation or an installation without heat recovery is

planned, a comparison shall be made between the planned installations or the

planned refurbishment and an equivalent installation producing the same amount

of electricity or process heat, but recovering the waste heat and supplying heat

through high efficiency cogeneration and, or district heating and cooling networks.

Within a given geographical boundary the assessment shall take into account

the planned installation and any appropriate existing or potential heat demand

points that could be supplied from it, taking into account rational possibilities (for

example technical feasibility and distance).

The system boundary shall be set to include the planned installation and the

heat loads, such as building/s and industrial process. Within this system boundary

the total cost of providing heat and power shall be determined for both cases and

compared.

Heat loads shall include existing heat loads, such as an industrial installation

or an existing district heating system, and also, in urban areas, the heat load and

costs that would exist if a group of buildings or part of a city were provided with

and, or connected into a new district heating network.

The cost-benefit analysis shall be based on a description of the planned

installation and the comparison installation(s), covering electrical and thermal

capacity, as applicable, fuel type, planned usage and the number of planned

operating hours annually, location and electricity and thermal demand.

For the purpose of the comparison, the thermal energy demand and the types

of heating and cooling used by the nearby heat demand points shall be taken into

account. The comparison shall cover infrastructure related costs for the planned

and comparison installation.

Cost-benefit analyses for the purposes of regulation 16(4) shall include an

economic analysis covering a financial analysis reflecting actual cash flow

transactions from investing in and operating individual installations.

Projects with positive cost-benefit outcome are those where the sum of

discounted benefits in the economic and financial analysis exceeds the sum of

discounted costs (cost-benefit surplus).

The Minister shall set guiding principles for the methodology, assumptions

and time horizon for the economic analysis.

The Minister may require that the companies responsible for the operation of

thermal electric generation installations, industrial companies, district heating and

cooling networks, or other parties influenced by the defined system boundary and

geographical boundary, contribute data for use in assessing the costs and benefits

of an individual installation.

Ninth Schedule

Regulation 16

Guarantee of origin for electricity produced from

high efficiency cogeneration

(a)

The Authority shall take measures to ensure that

(i)

the guarantee of origin of the electricity produced from high-

efficiency cogeneration

-

enable producers to demonstrate that the electricity they

sell is produced from high-efficiency cogeneration and is issued to this

effect in response to a request from the producer,

-

is accurate, reliable and fraud-resistant,

-

is issued, transferred and cancelled electronically;

(ii)

the same unit of energy from high-efficiency cogeneration is

taken into account only once.

(b) The guarantee of origin referred to in regulation 16(13) shall contain at

least the following information

the identity, location, type and capacity (thermal and electrical)

of the installation where the energy was produced;

the dates and places of production;

the lower calorific value of the fuel source from which the

electricity was produced;

the quantity and the use of the heat generated together with the

the quantity of electricity from high efficiency cogeneration in

accordance with the Second Schedule to these regulations that the guarantee

the primary energy savings calculated in accordance with the

Second Schedule to these regulations based on the harmonised efficiency

reference values indicated in paragraph (f) of the Second Schedule;

the nominal electric and thermal efficiency of the plant;

whether and to what extent the installation has benefited from

investment support;

whether and to what extent the unit of energy has benefited in any other

way from a national support scheme, and the type of support scheme;

the date on which the installation became operational; and

the date and country of issue and a unique identification number.

The guarantee of origin shall be of the standard size of 1 MWh. It shall

relate to the net electricity output measured at the station boundary and exported to

Tenth Schedule

Regulation 17(6)

Energy efficiency criteria for energy network regulation

and for electricity network tariffs

1. Network tariffs shall be cost-reflective of cost-savings in networks

achieved from demand side and demand response measures and distributed

generation, including savings from lowering the cost of delivery or of network

investment and a more optimal operation of the network.

2. Network regulation and tariffs shall not prevent network operators or

energy retailers making available system services for demand response measures,

demand management and distributed generation on organised electricity markets,

in particular

(a)

the shifting of the load from peak to off-peak times by final

customers taking into account the availability of renewable energy, energy

from cogeneration and distributed generation;

(b)

energy savings from demand response of distributed consumers

by energy aggregators;

(c)

demand reduction from energy efficiency measures undertaken

by energy service providers, including energy service companies;

(d)

the connection and dispatch of generation sources at lower

voltage levels;

(e)

the connection of generation sources from closer location to the

consumption; and

(f)

the storage of energy.

For the purposes of this provision the term "organised electricity markets"

shall include over-the-counter markets and electricity exchanges for trading

energy, capacity, balancing and ancillary services in all timeframes, including

forward, day-ahead and intra-day markets.

3. Network or retail tariffs may support dynamic pricing for demand

response measures by final customers, such as

(a)

time-of-use tariffs;

(b)

critical peak pricing;

(c)

real time pricing; and

(d)

peak time rebates.

Eleventh Schedule

Regulation 17(6)

Energy efficiency requirements for transmission system operators

and distribution system operators

Transmission and distribution system operators shall

(a) set up and make public their standard rules relating to the bearing and

sharing of costs of technical adaptations, such as grid connections and grid

reinforcements, improved operation of the grid and rules on the non-

discriminatory implementation of the grid codes, which are necessary in order to

integrate new producers feeding electricity produced from high efficiency

cogeneration into the interconnected grid;

(b) provide any new producer of electricity produced from high-efficiency

cogeneration wishing to be connected to the system with the comprehensive and

necessary information required, including

(i)

a comprehensive and detailed estimate of the costs associated

with the connection;

(ii)

a reasonable and precise timetable for receiving and processing

the request for grid connection;

(iii)

a reasonable indicative timetable for any proposed grid

connection. The overall process to become connected to the grid should be

no longer than 24 months, bearing in mind what is reasonably practicable and

non-discriminatory;

(c) provide standardised and simplified procedures for the connection of

distributed high efficiency cogeneration producers to facilitate their connection to

the grid.

The standard rules referred to in paragraph (a) shall be based on objective,

transparent and non-discriminatory criteria taking particular account of all the

costs and benefits associated with the connection of those producers to the grid.

They may provide for different types of connection.

Twelfth Schedule

Regulation 20(1)(d)

Mimimum items to be included in energy performance contracts with the public

sector or in the associated tender specifications

Clear and transparent list of the efficiency measures to be implemented

or the efficiency results to be obtained.

Guaranteed savings to be achieved by implementing the measures of the

Duration and milestones of the contract, terms and period of notice.

Clear and transparent list of the obligations of each contracting party.

Reference date(s) to establish achieved savings.

Clear and transparent list of steps to be performed to implement a

measure or package of measures and, where relevant, associated costs.

Obligation to fully implement the measures in the contract and

documentation of all changes made during the project.

Regulations specifying the inclusion of equivalent requirements in any

subcontracting with third parties.

Clear and transparent display of financial implications of the project

and distribution of the share of both parties in the monetary savings achieved (i.e.

remuneration of the service provider).

Clear and transparent provisions on measurement and verification of the

guaranteed savings achieved, quality checks and guarantees.

Provisions clarifying the procedure to deal with changing framework

conditions that affect the content and the outcome of the contract (i.e. changing

energy prices, use intensity of an installation).

Detailed information on the obligations of each of the contracting party

and of the penalties for their breach.

Thirteenth Schedule

Regulations 3(1), 5(1), (8), and (9), 7(1), and (4), 9(1), 10, 16, 17, 18, 21, 24(1)

and (2)

General framework for reporting

PART 1. General framework for annual reports

The annual reports referred to in regulation 24 (1) provide a basis for the

monitoring of the progress towards national 2020 targets. The reports shall include

the following minimum information

(a)

an estimate of following indicators in the year before last (year

(i)

primary energy consumption as defined in regulation 2;

(ii)

total final energy consumption;

(iii)

final energy consumption by sector

-

industry

- transport (split between passenger and freight

transport, if available)

-

households

-

services;

(iv)

gross value added by sector

-

industry

-

services

(v)

disposable income of households;

(vi)

gross domestic product (GDP);

(vii)

electricity generation from thermal power generation;

(viii)

electricity generation from combined heat and power;

(ix)

heat generation from thermal power generation;

* To be understood as X=current year.

(x)

heat generation from combined heat and power plants,

including industrial waste heat;

(xi)

fuel input for thermal power generation;

(xii)

passenger kilometers (pkm), if available;

(xiii)

tonne kilometers (tkm), if available;

(xiv) combined transport kilometres (pkm + tkm), in case (xii)

and (xiii) are not available;

(xv)

population.

In sectors where energy consumption remains stable or is growing, the

Minister shall analyse the reasons for it and attach his appraisal to the

estimates;

(b)

updates on major legislative and non-legislative measures

implemented in the previous year which contribute towards the overall

national energy efficiency targets for 2020;

(c)

the total building floor area of the buildings with a total useful

floor area over 500 m2 and as of the 9th July 2015 over 250 m2 owned and

occupied by Government that, on the 1st January of the year in which the

report is due, did not meet the energy performance requirements referred to

in regulation 5(1);

(d)

the total building floor area of heated and, or cooled buildings

owned and occupied by Government that was renovated in the previous year

referred to in regulation 5(1) or the amount of energy consumption savings in

eligible buildings owned and occupied by Government as referred to in

regulation 5(8);

(e)

energy savings achieved through the national energy efficiency

obligation scheme referred to in regulation 7(1) or the alternative measures

adopted in application of regulation 9(1).

The first report shall also include the national target referred to in regulation

3(1).

In the annual reports referred to in regulation 24(1) the Minister may also

include additional national targets. These may be related in particular to the

statistical indicators enumerated in Part 1 paragraph (a) of this Schedule or

combinations thereof, such as primary or final energy intensity or sectoral energy

intensities.

PART 2. General framework for the Plan

The Plan referred to in regulation 24(2) shall provide a framework for the

development of national energy efficiency strategies.

The Plan shall cover significant energy efficiency improvement measures

and expected/achieved energy savings, including those in the supply, transmission

and distribution of energy as well as energy end-use. The Plan shall include the

following minimum information

1. Targets and strategies

-

the indicative national energy efficiency target for 2020 as

required by regulation 3(1),

-

the national indicative energy savings target set in regulation

4(1) of the Energy End-use Efficiency and Energy Services Regulations,

-

other existing energy efficiency targets addressing the whole

economy or specific sectors.

2. Measures and energy savings

The Plan shall provide information on measures adopted or planned to be

adopted in view of implementing the main elements of these regulations and on

their related savings.

(a)

Primary energy savings

The Plan shall list significant measures and actions taken towards

primary energy saving in all sectors of the economy. For every measure or

package of measures/actions estimations of expected savings for 2020 and

savings achieved by the time of the reporting shall be provided.

Where available, information on other impacts/benefits of the measures

(greenhouse gas emissions reduction, improved air quality, job creation, etc.)

and the budget for the implementation should be provided.

(b)

Final energy savings

The first and second Plans shall include the results with regard to the

fulfilment of the final energy savings target set out in regulation 4(1) and (2)

of the Energy End-use Efficiency and Energy Services Regulations. If

calculation/estimation of savings per measure is not available, sector level

energy reduction shall be shown due to (the combination) of measures.

The first and second Plans shall also include the measurement and, or

calculation methodology used for calculating the energy savings. If the

"recommended methodology" * is applied, the Plan should provide references

to this.

3. Specific information related to provisions of these regulations

3.1. Public bodies (Regulation 5)

The Plan shall include the list of public bodies having developed an energy

efficiency plan in accordance with regulation 5(9).

3.2. Energy efficiency obligations (Regulation 7)

The Plan shall include the national coefficients chosen in accordance with the

Fourth Schedule.

The first Plan shall include a short description of the national scheme referred

to in regulation 7(1) or the alternative measures adopted in application of

regulation 9(1).

3.3. Energy audits and management systems (regulation 10)

The Plan shall include

(a)

the number of energy audits carried out in the previous period;

(b)

the number of energy audits carried out in large enterprises in

the previous period;

(c)

the number of large companies in their territory, with an

indication of the number of those to which regulation 7(4) is applicable.

3.4. Promotion of efficient heating and cooling (Regulation 16)

The Plan shall include an assessment of the progress achieved in

implementing the comprehensive assessment referred to in regulation 16(1).

3.5. Energy transmission and distribution (Regulation 17)

The first Plan and the subsequent reports due every 10 years thereafter shall

include the assessment made, the measures and investments identified to utilise the

energy efficiency potentials of the gas and electricity infrastructure referred to in

regulation 17(2).

3.6. The Minister shall report, as part of the Plan, on the measures

undertaken to enable and develop demand response as referred to in regulation 17.

3.7. Availability of qualification, accreditation and certification schemes

(Regulation 18)

* Recommendations on Measurement and Verification Methods in the framework of the

Directive 2006/32/EC on Energy End-Use Efficiency and Energy Services.

The Plan shall include information on the available qualification,

accreditation and certification schemes or equivalent qualification schemes for the

providers of energy services, energy audits and energy efficiency improvement

measures.

3.8. Energy Services (Regulation 20)

The Plan shall include an internet link to the website where the list or the

interface of energy services providers referred to in regulation 20 can be

accessible.

3.9. Other measures to promote energy efficiency (Regulation 21)

The first Plan shall include a list of the measures referred to in regulation

21(1).

€5.76