MT
Promotion of Energy from Renewable Sources Regulations, 2021
Table of Provisions (39)
Statutory Text (39 Articles)
L.N. 503 of 2021
REGULATOR FOR ENERGY AND WATER SERVICES ACT
(CAP. 545)
Promotion of Energy from Renewable Sources Regulations, 2021
IN EXERCISE of the powers conferred by article 37(1) of the
Regulator for Energy and Water Services Act, the Minister for Energy,
Enterprise and Sustainable Development, after consultation with the
Regulator for Energy and Water Services, has made the following
regulations:-
(1) The title of these regulations is the Promotion of
Energy from Renewable Sources Regulations, 2021.
(2) These regulations transpose articles 2 to 18 and 20 to 28 of
Directive (EU) 2018/2001 of the European Parliament and of the
Council of 11 December 2018 on the promotion of the use of energy
from renewable sources (recast).
(regulation 9)
Normalisation Rule for Accounting for Electricity Generated
from Hydropower and Wind Power
The following rule shall be applied for the purposes of
accounting for electricity generated from hydropower in Malta
where
= reference year;
Q N(nor = normalised electricity generated by all hydropower plants in Malta in year N, for accounting
purposes;
= the quantity of electricity actually generated in year i by all hydropower plants in Malta
measured in GWh, excluding production from pumped storage units using water that has
previously been pumped uphill;
= the total installed capacity, net of pumped storage, of all hydropower plants in Malta at the
end of year i, measured in MW.
The following rule shall be applied for the purposes of
accounting for electricity generated from onshore wind power in
Malta
where
=reference year;
Q N(n =normalised electricity generated by all onshore wind power plants in Maltain
year N, for accounting purposes;
=the quantity of electricity actually generated in year i by all onshore wind
power plants in Malta measured in GWh;
=the total installed capacity of all the onshore wind power plants in Malta at the
end of year j, measured in MW;
=4 or the number of years preceding year N for which capacity and production
data are available for Malta, whichever is lower.
The following rule shall be applied for the purposes of
accounting for electricity generated from offshore wind power in
Malta
where
=reference year;
Q N(n =normalised electricity generated by all offshore wind power plants in Malta in
year N, for accounting purposes;
=the quantity of electricity actually generated in year i by all offshore wind
power plants in Malta measured in GWh;
=the total installed capacity of all the offshore wind power plants in Malta at the
end of year j, measured in MW;
=4 or the number of years preceding year N for which capacity and production
data are available for Malta in question, whichever is lower.
(1) For the purposes of these regulations, the relevant
definitions in the Electricity Regulations shall apply.
(2)
Unless the context otherwise requires
"Act" means the Regulator for Energy and Water Services Act;
"advanced biofuels" means biofuels that are produced from the
feedstock listed in Part A of the Fifth Schedule;
"ambient energy" means naturally occurring thermal energy and
energy accumulated in the environment with constrained boundaries,
which can be stored in the ambient air, excluding in exhaust air, or in
surface or sewage water;
"biofuels" means liquid fuel for transport produced from
biomass;
"biogas" means gaseous fuels produced from biomass;
"bioliquids" means liquid fuel for energy purposes other than for
transport, including electricity and heating and cooling, produced from
biomass;
"biomass" means the biodegradable fraction of products, waste
and residues from biological origin from agriculture, including vegetal
and animal substances, from forestry and related industries, including
fisheries and aquaculture, as well as the biodegradable fraction of
waste, including industrial and municipal waste of biological origin;
"biomass fuels" means gaseous and solid fuels produced from
biomass;
"Building and Construction Authority" means the Authority
established by article 5 of the Building and Construction Authority Cap. 513.
Act;
"Directive" means Directive (EU) 2018/2001 of the European
Parliament and of the Council of 11 December 2018 on the
promotion of the use of energy from renewable sources (recast);
"distribution system operator" means an operator as defined in
regulation 2 of the Electricity Regulations for electricity and in S.L. 545.34.
regulation 2 of the Natural Gas Market Regulations for natural gas;
"district heating" or "district cooling" means the distribution of
thermal energy in the form of steam, hot water or chilled liquids, from
central or decentralised sources of production through a network to
multiple buildings or sites, for the use of space or process heating or
cooling;
"efficient district heating and cooling"shall have the same
meaning as assigned to efficient district heating and cooling in the
Energy Efficiency Regulations;
"energy from renewable sources" or "renewable energy" means
energy from renewable non-fossil sources, namely wind, solar (solar
thermal and solar photovoltaic) and geothermal energy, ambient
energy, tide, wave and other ocean energy, hydropower, biomass,
landfill gas, sewage treatment plant gas, and biogas;
"energy performance certificate" shall have the same meaning
as assigned to energy performance certificate in the Energy S.L. 513.01.
Performance of Buildings Regulations;
"European Union" or "Union" shall have the same meaning as
assigned to it in the Treaty;
"financial instrument" means a financial instrument as defined in
point (29) of Article 2 of Regulation (EU, Euratom) 2018/1046 of the
European Parliament and of the Council of 18 July 2018 on the
financial rules applicable to the general budget of the Union, amending
Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/
2013, (EU) No 1304/2013, (EU) No 1309/2013. (EU) No 1316/2013,
(EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU
and repealing Regulation (EU, Euratom) No 966/2012;
"food and feed crops" means starch-rich crops, sugar crops or oil
crops produced on agricultural land as a main crop excluding residues,
waste or ligno-cellulosic material and intermediate crops, such as
catch crops and cover crops, provided that the use of such intermediate
crops does not trigger demand for additional land;
"fuel supplier" means an entity supplying fuel to the market that
is responsible for passing fuel through an excise duty point or, in the
case of electricity or where no excise is due or where duly justified,
any other relevant entity so designated;
"geothermal energy" means energy stored in the form of heat
beneath the surface of solid earth;
"green certificate" means a tradeable commodity representing
the environmental attributes of a specific quantity of energy
produced from renewable energy sources issued upon compliance
with environmental quality and sustainability criteria;
"gross final consumption of energy" means the energy
commodities delivered for energy purposes to industry, transport,
households, services including public services, agriculture, forestry
and fisheries, the consumption of electricity and heat by the energy
branch for electricity, heat and transport fuel production, and losses of
electricity and heat in distribution and transmission;
"high-efficiency cogeneration" shall have the same meaning as
assigned to high-efficiency cogeneration in the Energy Efficiency
Regulations;
"jointly acting renewables self-consumers" means a group of at
least two jointly acting renewables self-consumers who are located in
the same building or multi-apartment block;
"ligno-cellulosic material" means material composed of lignin,
cellulose and hemicellulose, such as biomass sourced from forests,
woody energy crops and forest-based industries' residues and wastes;
"low indirect land-use change-risk biofuels, bioliquids and
biomass fuels" means biofuels, bioliquids and biomass fuels, the
feedstock of which was produced within schemes which avoid
displacement effects of food and feed-crop based biofuels, bioliquids
and biomass fuels through improved agricultural practices as well as
through the cultivation of crops on areas which were previously not
used for cultivation of crops, and which were produced in accordance
with the sustainability criteria for biofuels, bioliquids and biomass
fuels laid down in regulation 3 of the Biofuels, Bioliquids and L.N. 505 of
2021. Biomass Fuels (Sustainability Criteria) Regulations, 2021;
"Member State" means a state which is a member of the
European Union;
"Member State of origin" or "country of origin" means a state
from which electricity produced from renewable energy sources is
transferred or exported to another Member State or a third country;
"Member State of destination" or "country of destination" means
a Member State or country which receives or to which electricity
produced from renewable energy sources is transferred or exported
from the country of origin;
"Minister" means the Minister responsible for energy;
"non-food cellulosic material" means feedstock mainly
composed of cellulose and hemicellulose, and having a lower lignin
content than ligno-cellulosic material, including food and feed crop
residues, such as straw, stover, husks and shells; grassy energy crops
with a low starch content, such as ryegrass, switchgrass, miscanthus,
giant cane; cover crops before and after main crops; ley crops;
industrial residues, including from food and feed crops after vegetal
oils, sugars, starches and protein have been extracted; and material
from biowaste, where ley and cover crops are understood to be
temporary, short-term sown pastures comprising grass-legume mixture
with a low starch content to obtain fodder for livestock and improve
soil fertility for obtaining higher yields of arable main crops;
"peer-to-peer trading" of renewable energy means the sale of
renewable energy between market participants by means of a contract
with pre-determined conditions governing the automated execution
and settlement of the transaction, either directly between market
participants or indirectly through a certified third-party market
participant, such as an aggregator. The right to conduct peer-to-peer
trading shall be without prejudice to the rights and obligations of the
parties involved as final customers, producers, suppliers or
aggregators;
"Planning Authority" means the Authority established by the
Development Planning Act;
"recycled carbon fuels" means liquid and gaseous fuels that are
produced from liquid or solid waste streams of non-renewable origin
which are not suitable for material recovery in accordance with
regulation 4A of the Waste Regulations, or from waste processing gas
and exhaust gas of non-renewable origin which are produced as an
unavoidable and unintentional consequence of the production process
in industrial installations;
"Regulation (EC) No 1099/2008" means Regulation (EC) No
1099/2008 of the European Parliament and of the Council of 22
October 2008 on energy statistics;
"Regulation (EU) 2018/1999" means Regulation (EU) 2018/
1999 of the European Parliament and of the Council of 11 December
2018 on the Governance of the Energy Union and Climate Action,
amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of
the European Parliament and of the Council, Directives 94/22/EC, 98/
70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/
30/EU of the European Parliament and of the Council, Council
Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation
(EU) No 525/2013 of the European Parliament and of the Council;
"Regulator" means the Regulator for Energy and Water Services
established by the Act;
"relevant authority" means any authority or license- or permit-
issuing or administrative body responsible for the issuing of
authorisations, licenses or permits, or responsible for the formulation
and publication of general binding rules, insofar as these
authorisations, licenses, permits or rules may directly impact, or relate
to any activity which may impact, the achievement of the objectives
laid down by these regulations;
"renewable energy community" means a legal entity
(a) which, in accordance with the applicable law, is based
on an open and voluntary participation, is autonomous, and is
effectively controlled by shareholders or members that are
located in the proximity of the renewable energy projects that are
owned and developed by that legal entity;
(b) the shareholders or members of which are natural
persons, SME’s or local authorities, including municipalities;
(c)
the primary purpose of which is to provide
environmental, economic or social community benefits for its
shareholders or members or for the local areas where it operates,
rather than financial profits;
"renewable energy obligation" means a national support scheme
requiring energy producers to include a given share of energy from
renewable sources in their production, requiring energy suppliers to
include a given share of energy from renewable sources in their supply,
or requiring energy consumers to include a given share of energy from
renewable sources in their consumption, including schemes under
which such requirements may be fulfilled by using green certificates;
"renewable liquid and gaseous transport fuels of non-
biological origin" means liquid or gaseous fuels which are used in the
transport sector other than biofuels or biogas, the energy content of
which is derived from renewable sources other than biomass;
"renewables power purchase agreement" means a contract under
which a natural or legal person agrees to purchase renewable
electricity directly from an electricity producer;
"renewables self-consumer" means a final customer operating
within its premises located within confined boundaries who generates
renewable electricity for its own consumption, and who may store or
sell self-generated renewable electricity, provided that, for a non-
household renewables self-consumer, those activities do not constitute
its primary commercial or professional activity;
"repowering" means renewing power plants that produce
renewable energy, including the full or partial replacement of
installations or operation systems and equipment for the purposes of
replacing capacity or increasing the efficiency or capacity of the
installation;
"residue" means a substance that is not the end product(s) that a
production process directly seeks to produce; it is not a primary aim of
the production process and the process has not been deliberately
modified to produce it;
"SME" means a micro, small or medium-sized enterprise as
defined in Article 2 of the Annex to Commission Recommendation
2003/361/EC;
"starch-rich crops" means crops comprising mainly cereals,
regardless of whether the grains alone or the whole plant, such as in
the case of green maize, are used; tubers and root crops, such as
potatoes, Jerusalem artichokes, sweet potatoes, cassava and yams; and
corm crops, such as taro and cocoyam;
"support scheme" means any instrument, scheme or mechanism
applied by the Minister, or by a group of Member States which
includes Malta, that promotes the use of energy from renewable
sources by reducing the cost of that energy, increasing the price at
which it can be sold, or increasing, by means of a renewable energy
obligation or otherwise, the volume of such energy purchased,
including but not restricted to, investment aid, tax exemptions or
reductions, tax refunds, renewable energy obligation support schemes
including those using green certificates, and direct price support
schemes including feed-in tariffs and sliding or fixed premium
payments;
"third country" means a country which is not a member of the
European Union and which receives or to which electricity produced
from renewable energy sources is transferred or exported from the
country of origin;
"Treaty" shall have the same meaning as assigned to Treaty in the
European Union Act;
"waste" means any substance or object which the holder discards
or intends or is required to discard, excluding those substances that
have been intentionally modified or contaminated in order to meet this
definition;
"waste heat and cold" means unavoidable heat or cold generated
as by-product in industrial or power generation installations, or in the
tertiary sector, which would be dissipated unused in air or water
without access to a district heating or cooling system, where a
cogeneration process has been used or will be used or where
cogeneration is not feasible.
(regulations 10 and 11)
Accounting of Energy from Heat Pumps
The amount of aerothermal, geothermal or hydrothermal energy
captured by heat pumps to be considered to be energy from renewable
sources for the purposes of this Directive, E RES , shall be calculated in
accordance with the following formula
E RES = Q usable * (1 – 1/SPF)
where
the estimated total usable heat
Q usable =
delivered by heat pumps fulfilling
the criteria referred to in regulation
11, implemented as follows: Only
heat pumps for which SPF>1.15* 1/
η shall be taken into account,
the estimated average seasonal
SPF =
performance factor for those heat
pumps,
the ratio between total gross
η =
production of electricity and the
primary energy consumption for the
production of electricity and shall
be calculated as an EU average
based on Eurostat data.
(1)
The Minister shall, through the introduction of
measures, ensure the achievement of Malta’s contribution towards the
realisation of a share of at least thirty-two per cent (32%) of energy
from renewable sources in the Union’s gross final consumption of
energy in 2030.
(2) The contribution referred to in sub-regulation (1) shall be in
line with the trajectory established in accordance with Articles 3 to 5
and 9 to 14 of Regulation (EU) 2018/1999 for the national contribution
to the binding overall Union as reported in Malta’s National Energy
and Climate Plan, and the measures referred to in sub-regulation (1)
shall be effectively designed to ensure the share of energy from
renewable sources equals or exceeds that trajectory.
(3) The Minister shall take the necessary measures to ensure
that from the 1 st January 2021, the share of energy from renewable
sources in the gross final consumption of energy shall not be lower
than the baseline share of ten per cent (10%).
(regulations 11 and 29)
Energy Content of Fuels
Fuel
Energy
content Energy
content
by weight (lower by volume (lower
calorific
value, calorific
value,
MJ/kg)
MJ/l)
FUELS FROM BIOMASS AND/OR BIOMASS PROCESSING OPERATIONS
Bio-Propane
Pure vegetable oil (oil produced from oil
plants
through
pressing,
extraction
or
comparable procedures, crude or refined but
chemically unmodified)
Biodiesel - fatty acid methyl ester (methyl-
ester produced from oil of biomass origin)
Biodiesel - fatty acid ethyl ester (ethyl-ester
produced from oil of biomass origin)
Biogas that can be purified to natural gas
—
quality
Hydrotreated (thermochemically treated with
hydrogen) oil of biomass origin, to be used for
replacement of diesel
Hydrotreated (thermochemically treated with
hydrogen) oil of biomass origin, to be used for
replacement of petrol
Hydrotreated (thermochemically treated with
hydrogen) oil of biomass origin, to be used for
replacement of jet fuel
Hydrotreated oil (thermochemically treated
with hydrogen) of biomass origin, to be used
for replacement of liquefied petroleum gas
Co-processed oil (processed in a refinery
simultaneously with fossil fuel) of biomass or
pyrolysed biomass origin to be used for
replacement of diesel
Co-processed oil (processed in a refinery
simultaneously with fossil fuel) of biomass or
pyrolysed biomass origin, to be used to replace
petrol
Co-processed oil (processed in a refinery
simultaneously with fossil fuel) of biomass or
pyrolysed biomass origin, to be used to replace
jet fuel
Co-processed oil (processed in a refinery
simultaneously with fossil fuel) of biomass or
pyrolysed biomass origin, to be used to replace
liquefied petroleum gas
RENEWABLE FUELS THAT CAN BE PRODUCED FROM VARIOUS
RENEWABLE SOURCES, INCLUDING BIOMASS
Methanol from renewable sources
Ethanol from renewable sources
Propanol from renewable sources
Butanol from renewable sources
Fischer-Tropsch
diesel
(a
synthetic
hydrocarbon
or
mixture
of
synthetic
hydrocarbons to be used for replacement of
diesel)
Fischer-Tropsch
petrol
(a
synthetic
hydrocarbon
or
mixture
of
synthetic
hydrocarbons produced from biomass, to be
used for replacement of petrol)
Fischer-Tropsch jet fuel (a
synthetic
hydrocarbon
or
mixture
of
synthetic
hydrocarbons produced from biomass, to be
used for replacement of jet fuel)
Fischer-Tropsch liquefied petroleum gas (a
synthetic hydrocarbon or mixture of synthetic
hydrocarbons, to be used for replacement of
liquefied petroleum gas
DME (dimethylether)
Hydrogen from renewable sources
—
ETBE (ethyl-tertio-butyl-ether produced on 36 (of which 37% 27 (of which 37%
the basis of ethanol)
from renewable
from renewable
sources)
sources)
MTBE (methyl-tertio-butyl-ether produced on 35 (of which 22% 26 (of which 22%
the basis of methanol)
from renewable
from renewable
sources)
sources)
TAEE (tertiary-amyl-ethyl-ether produced on 38 (of which 29% 29 (of which 29%
the basis of ethanol)
from renewable
from renewable
sources)
sources)
TAME (tertiary-amyl-methyl-ether produced 36 (of which 18% 28 (of which 18%
on the basis of methanol)
from renewable
from renewable
sources)
sources)
THxEE (tertiary-hexyl-ethyl-ether produced 38 (of which 25% 30 (of which 25%
on the basis of ethanol)
from renewable
from renewable
sources)
sources)
THxME
(tertiary-hexyl-methyl-ether 38 of which 14% 30 (of which 14%
produced on the basis of methanol)
from renewable
from renewable
sources)
sources)
FOSSIL FUELS
Petrol
Diesel
(1)
In order to reach or exceed the Union target of at Support
least thirty-two per cent (32%), described in sub-regulation (1) of schemes
energy from
regulation 3 and Malta’s contribution thereto, as established in sub- renewable
sources.
regulation (2) of regulation 3, the Minister may apply support
schemes.
(2) Support schemes for electricity from renewable sources
shall provide incentives for the integration of electricity from
renewable sources in the electricity market in a market-based and
market-responsive way, while avoiding unnecessary distortions of
electricity markets as well as taking into account possible system
integration costs and grid stability.
(3) Support schemes for electricity from renewable sources
shall be designed so as to maximise the integration of electricity from
renewable sources in the electricity market and to ensure that
renewable energy producers are responding to market price signals and
maximise their market revenues, and therefore, to that end, with regard
to direct price support schemes, support shall be granted in the form of
a market premium, which could be, inter alia, sliding or fixed.
(4) The Minister may exempt small-scale installations and
demonstration projects from the provisions of sub-article (3),without
prejudice to the applicable Union law on the internal market for
electricity.
(5) The Minister shall ensure that support for electricity from
renewable sources is granted in an open, transparent, competitive, non-
discriminatory and cost-effective manner
Provided that small-scale installations and demonstration
projects may be exempted from tendering procedures and may also
consider establishing mechanisms to ensure the regional
diversification in the deployment of renewable electricity, in particular
to ensure cost-efficient system integration.
(6) The Minister may limit tendering procedures to specific
technologies where opening support schemes to all producers of
electricity from renewable sources would lead to a suboptimal result,
in view of
(a)
the long-term potential of a particular technology;
(b)
the need to achieve diversification;
(c)
grid integration costs;
(d)
network constraints and grid stability;
(e) for biomass, the need to avoid distortions of raw
materials markets.
(7) Where support for electricity from renewable sources is
granted by means of a tendering procedure, the Minister shall, in order
to ensure a high project realisation rate
(a) establish and publish non-discriminatory and
transparent criteria to qualify for the tendering procedure and set
clear dates and rules for delivery of the project;
(b) publish information about previous
tendering
procedures, including project realisation rates.
(8) The Minister shall apply this regulation without prejudice
to Articles 107 and 108 TFEU.
(regulation 21)
Certification of Installers
The certification schemes or equivalent qualification schemes
referred to in sub-regulation (3) of regulation 21 shall be based on the
following criteria
1. The certification or qualification process shall be
transparent and clearly defined by the Regulator.
2. Installers of biomass, heat pump, shallow geothermal and
solar photovoltaic and solar thermal energy shall be certified by an
accredited training programme or training provider.
3. The accreditation of the training programme or provider
shall be effected by an appointed body, following discussions between
the Minister and the relevant competent authority. The Regulator shall
ensure that the training programme offered by the training provider has
continuity and regional or national coverage. The training provider
shall have adequate technical facilities to provide practical training,
including some laboratory equipment or corresponding facilities to
provide practical training. The training provider shall also offer in
addition to the basic training, shorter refresher courses on topical
issues, including on new technologies, to enable life-long learning in
installations. The training provider may be the manufacturer of the
equipment or system, institutes or associations.
4. The training leading to certification or qualification of an
installer shall include theoretical and practical parts. At the end of the
training, the installer must have the skills required to install the
relevant equipment and systems to meet the performance and
reliability needs of the customer, incorporate quality craftsmanship,
and comply with all applicable codes and standards, including energy
and eco-labelling.
5. The training course shall end with an examination leading
to a certificate or qualification. The examination shall include a
practical assessment of successfully installing biomass boilers or
stoves, heat pumps, shallow geothermal installations, solar
photovoltaic or solar thermal installations.
6. The certification schemes or equivalent qualification
schemes referred to in sub-regulation (3) of regulation 21 shall take
due account of the following guidelines
(a) Accredited training programmes should be offered to
installers with work experience, who have undergone, or are
undergoing, the following types of training
(i) in the case of biomass boiler and stove
installers: training as a plumber, pipe fitter, heating
engineer or technician of sanitary and heating or cooling
equipment as a pre-requisite;
(ii) in the case of heat pump installers: training as a
plumber or refrigeration engineer and have basic electrical
and plumbing skills (cutting pipe, soldering pipe joints,
gluing pipe joints, lagging, sealing fittings, testing for leaks
and installation of heating or cooling systems) as a
prerequisite;
(iii) in the case of a solar photovoltaic or solar
thermal installer: training as a plumber or electrician and
have plumbing, electrical and roofing skills, including
knowledge of soldering pipe joints, gluing pipe joints,
sealing fittings, testing for plumbing leaks, ability to
connect wiring, familiar with basic roof materials, flashing
and sealing methods as a prerequisite; or
(iv) a vocational training scheme to provide an
installer with adequate skills corresponding to a three years
education in the skills referred to in paragraphs (a), (b) or
(c), including both classroom and workplace learning.
(b) The theoretical part of the biomass stove and boiler
installer training should give an overview of the market situation
of biomass and cover ecological aspects, biomass fuels, logistics,
fire protection, related subsidies, combustion techniques, firing
systems, optimal hydraulic solutions, cost and profitability
comparison as well as the design, installation and maintenance of
biomass boilers and stoves. The training should also provide
good knowledge of any European standards for technology and
biomass fuels, such as pellets, and biomass related national and
Union law.
(c) The theoretical part of the heat pump installer
training should give an overview of the market situation for heat
pumps and cover geothermal resources and ground source
temperatures of different regions, soil and rock identification for
thermal conductivity, regulations on using geothermal resources,
feasibility of using heat pumps in buildings and determining the
most suitable heat pump system, and knowledge about their
technical requirements, safety, air filtering, connection with the
heat source and system layout. The training should also provide
good knowledge of any European standards for heat pumps, and
of relevant national and Union law. The installer should
demonstrate the following key competences
(i) a basic understanding of the physical and
operation principles of a heat pump, including
characteristics of the heat pump circle: context between
low temperatures of the heat sink, high temperatures of the
heat source, and the efficiency of the system, determination
of the coefficient of performance and seasonal performance
factor (SPF);
(ii) an understanding of the components and their
function within a heat pump circle, including the
compressor, expansion valve, evaporator, condenser,
fixtures and fittings, lubricating oil, refrigerant,
superheating and sub-cooling and cooling possibilities with
heat pumps; and
(iii) the ability to choose and size the components in
typical installation situations, including determining the
typical values of the heat load of different buildings and for
hot water production based on energy consumption,
determining the capacity of the heat pump on the heat load
for hot water production, on the storage mass of the
building and on interruptible current supply; determine the
buffer tank component and its volume and integration of a
second heating system.
(d) The theoretical part of the solar photovoltaic and
solar thermal installer training should give an overview of the
market situation of solar products and cost and profitability
comparisons, and cover ecological aspects, components,
characteristics and dimensioning of solar systems, selection of
accurate systems and dimensioning of components,
determination of the heat demand, fire protection, related
subsidies, as well as the design, installation and maintenance of
solar photovoltaic and solar thermal installations. The training
should also provide good knowledge of any European standards
for technology, and certification such as Solar Keymark, and
related national and Union law. The installer should demonstrate
the following key competences
(i) the ability to work safely using the required
tools and equipment and implementing safety codes and
standards and to identify plumbing, electrical and other
hazards associated with solar installations;
(ii) the ability to identify systems and their
components specific to active and passive systems,
including the mechanical design, and to determine the
components' location and system layout and configuration;
(iii) the ability to determine the required installation
area, orientation and tilt for the solar photovoltaic and solar
water heater, taking account of shading, solar access,
structural integrity, the appropriateness of the installation
for the building or the climate and to identify different
installation methods suitable for roof types and the balance
of system equipment required for the installation; and
(iv) for solar photovoltaic systems in particular, the
ability to adapt the electrical design, including determining
design currents, selecting appropriate conductor types and
ratings for each electrical circuit, determining appropriate
size, ratings and locations for all associated equipment and
subsystems and selecting an appropriate interconnection
point.
(e)
The installer certification should be time restricted, so that
a refresher seminar or event would be necessary for continued
certification.
(1) The Minister shall have the right, in accordance with
the provisions of these regulations, to decide to which extent
electricity from renewable sources which is produced in another
Member State is supported. However, the Minister may open
participation in support schemes for electricity from renewable sources
to producers located in other Member States, subject to the conditions
laid down in this regulation.
(2) When opening participation in support schemes for
electricity from renewable sources, the Minister may provide that
support for an indicative share of the newly-supported capacity, or of
the budget allocated thereto, in each year is open to producers located
in other Member States.
(3) The indicative share referred to in sub-regulation (2) may,
in each year, amount to at least five per cent (5%) from 2023 to 2026
and at least ten per cent (10%) from 2027 to 2030, or, where lower, to
the level of interconnectivity of the Member State concerned in any
given year.
(4) In order to acquire further implementation experience, the
Minister may organise one or more pilot schemes where support is
open to producers located in other Member States.
(5)
The Minister may require proof of physical import of
electricity from renewable sources. To that end, the Minister may limit
participation in support schemes to producers located in Member
States with which there is a direct connection via interconnectors.
However, Member States shall not change or otherwise affect cross-
zonal schedules and capacity allocation due to producers participating
in cross-border support schemes. Cross-border electricity transfers
shall be determined only by the outcome of capacity allocation
pursuant to Union law on the internal market in electricity.
(6) Where the Minister opens participation in support schemes
to producers located in other Member States, agreement on the
principles of such participation. covering at least the principles of
allocation of renewable electricity that is the subject of cross-border
support shall be reached with the relevant Member States
Provided that the Minister may, if so required, request the
Commission to assist with the negotiation process.
(regulation 27)
Part A
Feedstocks for the production of biogas for transport and
advanced biofuels, the contribution of which towards the minimum
shares referred to in sub-regulations (1) and (4) of regulation may be
considered to be twice their energy content
(a) Algae
if
cultivated
on
land
in
ponds
or
photobioreactors;
(b) Biomass fraction of mixed municipal waste, but not
separated household waste subject to recycling targets under
paragraph (a) of item 12 of Schedule 5 of the Waste Regulations; S.L. 549.63
(c) Biowaste as defined in regulation (4) of the Waste S.L. 549.63
Regulations from private households subject to separate
collection as defined in regulation 4 of the aforesaid regulations;
(d) Biomass fraction of industrial waste not fit for use in
the food or feed chain, including material from retail and
wholesale and the agro-food and fish and aquaculture industry,
and excluding feedstocks listed in Part B of this Schedule;
(e)
straw;
(f)
animal manure and sewage sludge;
(g)
palm oil mill effluent and empty palm fruit bunches;
(h)
tall oil pitch;
(i)
crude glycerine;
(j)
bagasse;
(k)
grape marcs and wine lees;
(l)
nut shells;
(m) husks;
(n)
cobs cleaned of kernels of corn;
(o) biomass fraction of wastes and residues from forestry
and forest-based industries, namely, bark, branches, pre-
commercial thinning, leaves, needles, tree tops, saw dust, cutter
shavings, black liquor, brown liquor, fibre sludge, lignin and tall
(p)
other non-food cellulosic material;
(q) other ligno-cellulosic material except saw logs and
veneer logs.
Part B
Feedstocks for the production of biofuels and biogas for
transport, the contribution of which towards the minimum share
established in regulation 33 may be considered to be twice their energy
(a)
used cooking oil;
(b) animal fats classified as categories 1 and 2 in
accordance with Regulation (EC) No 1069/2009.
(1) Without prejudice to adaptations necessary to comply Stability of
with Articles107 and 108 TFEU, the Minister shall ensure that the financial
support.
level of, and the conditions attached to, the support granted to
renewable energy projects are not revised in a way that negatively
affects the rights conferred thereunder and undermines the economic
viability of projects that already benefit from support.
(2) The Minister may adjust the level of support in accordance
with objective criteria, provided that such criteria are established in the
original design of the support scheme.
(3) The Minister shall publish a long-term schedule
anticipating the expected allocation of support, covering, as a
reference, at least the following five years, or, in the case of budgetary
planning constraints, the following three years, including the
indicative timing, the frequency of tendering procedures where
appropriate, the expected capacity and budget or maximum unitary
support expected to be allocated, and the expected eligible
technologies, if applicable.
(4) The schedule referred to in sub-regulation (3) shall be
updated on an annual basis or, where necessary, to reflect recent
market developments or expected allocation of support.
(5) The Minister shall, at least every five years, carry out an
assessment of
(a) the effectiveness of support schemes for electricity
from renewable sources;
(b) the major distributive effects of support schemes for
electricity from renewable sources on different consumer groups,
and on investments;
(c)
the effect of possible changes to the support schemes.
(6) The assessments referred to in sub-regulation (5) shall be
included in the relevant updates of Malta’s integrated national energy
and climate plans and progress reports in accordance with Regulation
(EU) 2018/1999, and the results thereof shall be taken into account in
the indicative long-term planning governing the decisions of the
support and design of new support.
Consequential amendments to other legislation
LEGISLATION
PROVISION
PHRASE THAT
AMENDMENT
IS TO BE AMENDED
Regulator
for
First Schedule In the Maltese
"Regolamenti dwar
Energy and Water
version,
il-Promozzjoni ta’
Services Act - Cap.
"Regolamenti dwar Enerġija minn Sorsi
il-Promozzjoni ta’
Rinnovabbli (L.S.
Enerġija minn Sorsi 545.11.)"
li Jiġġeddu (L.S.
545.11)"
Biofuels
and
regulation 24
"Authorised
"Authorised
Bioliquids
Market
biofuels
and,
or biofuels
and,
or
Regulations – S.L.
bioliquids operators bioliquids operators
545.15
producing
or producing
or
importing biofuel or importing biofuel or
bioliquids,
whose bioliquids,
whose
biofuels
and,
or biofuels
and,
or
bioliquids are taken bioliquids are taken
into account for the into account for the
purposes
of
the purposes
of
the
requirements
of requirements
laid
regulations 3 and 4 of down in the Promotion
the Promotion of of
Energy
from
Energy
from Renewable
Sources
Renewable
Sources Regulations"
Regulations"
Assignment of
Schedule
In the Maltese
"Regolamenti dwar
Statutory Ministerial
version,
il-Promozzjoni ta’
Responsibilities Act -
"Regolamenti dwar Enerġija minn Sorsi
il-Promozzjoni ta’
Rinnovabbli (L.S.
Enerġija minn Sorsi 545.11.)"
li Jiġġeddu (L.S.
545.11)"
€4.59
(1) The share of energy from renewable sources shall be
calculated as the gross final consumption of energy from renewable
sources divided by the gross final consumption of energy from all
energy sources, expressed as a percentage.
(2) In calculating the gross final consumption of energy for the
purposes of measuring its compliance with the targets and indicative
trajectory laid down in these regulations, the amount of energy
consumed in aviation shall, as a proportion of the gross final
consumption of energy, be considered to be no more than four point
one two per cent (4.12%).
(3) The methodology and definitions used in the calculation of
the share of energy from renewable sources shall be those provided for
in Regulation (EC) No 1099/2008.
(1) The gross final consumption of energy from
renewable sources shall be calculated as the sum of
(a)
gross final consumption of electricity from renewable
sources;
(b) gross final consumption of energy from renewable
sources in the heating and cooling sector; and
(c) final consumption of energy from renewable sources
in the transport sector.
(2) With regard to paragraphs (a), (b), or (c) of sub-regulation
(1), gas, electricity and hydrogen from renewable sources shall be
considered only once for the purposes of calculating the share of gross
final consumption of energy from renewable sources.
(3) Biofuels, bioliquids and biomass fuels that are not
compliant with the sustainability and greenhouse gas emissions saving
criteria laid down in the Biofuels, Bioliquids and Biomass Fuels L.N.
(Sustainability Criteria) Regulations, 2021 shall not be taken into
account.
(4) The sum referred to in sub-regulation (1) shall be adjusted
to take into account, whenever applicable the effects on allocation of
energy from renewable sources arising out of arrangements entered
into for the purpose of
(a)
statistical transfers of energy from renewable sources;
(b) joint projects with other Member States and, or third
countries; and
(c)
joint support schemes with other Member States.
(1) For the purposes of paragraph (a) of sub-regulation Calculation of
(1) of regulation 8, gross final consumption of electricity from the
consumption of
renewable sources shall be calculated as the quantity of electricity electricity
renewable
produced in Malta from renewable sources, and shall include the sources.
production of electricity from renewables self-consumers and
renewable energy communities, but shall however exclude the
production of electricity in pumped storage units from water that has
previously been pumped uphill.
(2) In multi-fuel plants using renewable and non-renewable
sources, only the part of electricity produced from renewable sources
shall be taken into account, and for the purposes of that calculation, the
contribution of each energy source shall be calculated on the basis of
its energy content.
(3) The electricity generated by hydropower and wind power
shall be accounted for in accordance with the normalisation rules set
out in the First Schedule.
(1)
For the purposes of paragraph (b) of sub-regulation Calculation of
(1) of regulation 8, gross final consumption of energy from renewable the
consumption of
sources in the heating and cooling sector shall be calculated as the energy
renewable
quantity of district heating and cooling produced in Malta from sources in the
renewable sources, plus the consumption of other energy from heating
cooling sector.
renewable sources in industry, households, services, agriculture,
forestry and fisheries, for heating, cooling and processing purposes.
(2) In multi-fuel plants using renewable and non-renewable
sources, only the part of heating and cooling produced from renewable
sources shall be taken into account and for the purposes of that
calculation, the contribution of each energy source shall be calculated
on the basis of its energy content.
(3) Ambient and geothermal energy used for heating and
cooling by means of heat pumps and district cooling systems shall be
taken into account, provided that the final energy output significantly
exceeds the primary energy input required to drive the heat pumps.
(4) The quantity of heat or cold to be considered to be energy
from renewable sources for the purposes of these regulations shall be
calculated in accordance with the methodology set out in the Second
Schedule and shall take into account energy use in all end-use sectors.
(5) Thermal energy generated by passive energy systems,
under which lower energy consumption is achieved passively through
building design or from heat generated by energy from non-renewable
sources, shall not be taken into account.
(1)
For the purposes of paragraph (c) of sub-regulation
(1) of regulation 8, the following requirements shall apply
(a) final consumption of energy from renewable sources
in the transport sector shall be calculated as the sum of all
biofuels, biomass fuels and renewable liquid and gaseous
transport fuels of non-biological origin consumed in the
transport sector
Provided that renewable liquid and gaseous transport fuels
of non-biological origin that are produced from renewable electricity
shall be considered to be part of the calculation pursuant to paragraph
(a) of sub-regulation (1) of regulation 8 only when calculating the
quantity of electricity produced in Malta from renewable sources; and
(b) for the calculation of final consumption of energy in
the transport sector, the values regarding the energy content of
transport fuels, as set out in the Third Schedule, shall be used
Provided that in order to determine the calorific values of
fuels, the relevant European Standards Organisation (ESO) standards
shall be used for the determination of the energy content of transport
fuels not included in the Third Schedule, and where no ESO standard
has been adopted for that purpose, the relevant International
Organization for Standardisation (ISO) standards shall be used.
(1) The Minister may make arrangements for the Union
statistical transfer of a specified amount of energy from renewable renewable
development
sources from Malta to another Member State, or from another Member platform
statistical
State to Malta, as the case may be.
transfers
between
Member States.
(2)
The transferred amount shall be
(a) deducted from the amount of energy from renewable
sources that is taken into account in calculating the renewable
energy share of the Member State making the transfer for the
purposes of the Directive; and
(b) added to the amount of energy from renewable
sources that is taken into account in calculating the renewable
energy share of the Member State accepting the transfer for the
purposes of the Directive.
(3) The Minister may, for the purposes of sub-regulation (1)
make use of the Union renewable development platform (‘URDP’)
established by the Commission, and may, on a voluntary basis, submit
to the URDP annual data on Malta’s national contributions to the
Union target or any benchmark set for monitoring progress in
Regulation (EU) 2018/1999, including the amount by which Malta is
expected to fall short of or exceed its contribution, and an indication of
the price at which Malta would accept to transfer any excess
production of energy from renewable sources from or to another
Member State.
(4) The price of any transfers effected in terms of the
provisions in sub-regulation (3) shall be set on a case-by-case basis
based on the URDP demand-and-supply matching mechanism.
(5) The arrangements referred to in sub-regulations (1) to (4)
may have a duration of one or more calendar years and shall be
notified by the Minister to the Commission or finalised on the URDP
not later than twelve (12) months after the end of each year in which
they have effect. The information sent to the Commission shall include
the quantity and price of the energy involved. For transfers finalised on
the URDP, the parties involved and the information on the particular
transfer shall be disclosed to the public.
(6) Transfers shall become effective after all Member States
involved in the transfer have notified the transfer to the Commission or
after all clearing conditions are met on the URDP, as applicable.
(1) The Minister may make arrangements for cooperation Joint projects
with one or more authorities in one or more other Member States, or with
Member States.
designate an authority or entity to make such arrangements for
cooperation, on all types of joint projects with regard to the production
of electricity, heating or cooling from renewable sources, where
cooperation may also involve private operators.
(2) The Minister shall notify the Commission of the proportion
or amount of electricity, heating or cooling from renewable sources
produced by any joint project located in Malta that became or becomes
operational after 25 June 2009, or by the increased capacity of an
installation that was refurbished after that date, which is to be regarded
as counting towards the renewable energy share of another Member
State for the purposes of the Directive
Provided that units of energy from renewable sources
imputable to an increase in the capacity of an installation shall be
treated as if they were produced by a separate installation becoming
operational at the moment at which the increase of capacity occurred.
(3)
The notification referred to in sub-regulation (2) shall
(a) describe the proposed installation or identify the
refurbished installation located in Malta;
(b) specify the proportion or amount of electricity or
heating or cooling produced from the installation which is to be
regarded as counting towards the renewable energy share of the
other Member State;
(c) identify the Member State in whose favour the
notification is being made; and
(d) specify the period, in whole calendar years, during
which the electricity or heating or cooling produced by the
installation from renewable sources is to be regarded as counting
towards the renewable energy share of the other Member State.
(4) The duration of a joint project as referred to in this
regulation may extend beyond 2030.
(5) A notification made under this regulation shall not be
varied or withdrawn without the joint agreement of the relevant
Maltese authorities and the relevant authorities of the Member State
identified in accordance with paragraph (c) of sub-regulation (3).
(6) The Minister may request the Commission to facilitate the
establishment of joint projects with other Member States, in particular
via dedicated technical assistance and project development assistance.
(1) Within three (3) months of the end of each year Effects of joint
falling within the period referred to in paragraph (d) of sub-regulation projects
other Member
(3) of regulation 13, the Minister shall issue a letter of notification States.
stating
(a) the total amount of electricity or heating or cooling
produced from renewable sources during that year by the
installation which was the subject of the notification under
regulation 13; and
(b) the amount of electricity or heating or cooling
produced from renewable sources during that year by that
installation which is to count towards the renewable energy share
of another Member State in accordance with the terms of the
notification.
(2) The Minister shall submit the letter of notification to the
Member State in whose favour the notification was made and to the
Commission.
(3) The amount of electricity or heating or cooling from
renewable sources notified in accordance with paragraph (b) of sub-
regulation (1) shall be
(a) deducted from the amount of electricity or heating or
cooling from renewable sources that is taken into account in
calculating Malta’s renewable energy share for the purposes of
these regulations; and
(b) added to the amount of electricity or heating or
cooling from renewable sources that is taken into account in
calculating the renewable energy share of the Member State
receiving the letter of notification pursuant to sub-regulation (2)
for the purposes of the Directive.
(1) The Minister may make arrangements or designate an Joint projects
authority or entity to make such arrangements for the purpose of with
countries.
cooperation with one or more third countries on all types of joint
projects with regard to the production of electricity from renewable
sources, where cooperation may also involve private operators and
shall take place in full respect of international law
Provided that such cooperation may also be jointly entered
into with one or more other Member States.
(2) Electricity from renewable sources produced in a third
country shall be taken into account for the purposes of calculating
Malta’s renewable energy share, and, where other Member States are
involved in the cooperation, for the purposes of calculating their
renewable energy shares, only where the following conditions are met
(a) the electricity is consumed in the Union, which is
deemed to be met where
(i) an equivalent amount of electricity to the
electricity accounted for has been firmly nominated to the
allocated interconnection capacity by all responsible
transmission system operators in the country of origin, the
country of destination and, if relevant, each third country of
transit;
(ii) an equivalent amount of electricity to the
electricity accounted for has been firmly registered in the
schedule of balance by the responsible transmission system
operator on the Union side of an interconnector; and
(iii) the nominated capacity and the production of
electricity from renewable sources by the installation
referred to in paragraph (b) refer to the same period of time;
(b) the electricity is produced by an installation that
became operational after 25 th June 2009 or by the increased
capacity of an installation that was refurbished after that date,
under a joint project as referred to in sub-regulation (1)
Provided that units of energy from renewable sources
imputable to an increase in the capacity of an installation shall be
treated as if they were produced by a separate installation
becoming operational at the moment at which the increase of
capacity occurred;
(c) the amount of electricity produced and exported has
not received support from a support scheme of a third country
other than investment aid granted to the installation; and
(d) the electricity has been produced in accordance with
international law, in a third country that is a signatory to the
Council of Europe Convention for the Protection of Human
Rights and Fundamental Freedoms, or other international
conventions or treaties on human rights.
(3) For the purposes of sub-regulation (4), the Minister may
apply to the Commission for account to be taken of electricity from
renewable sources produced and consumed in a third country, in the
context of the construction of an interconnector with a very long lead-
time between a Member State and a third country where the following
conditions are met
(a) construction of the interconnector started by 31
December 2026;
(b) it is not possible for the interconnector to become
operational by 31 December 2030;
(c) it is possible for the interconnector to become
operational by 31 December 2032;
(d) after it becomes operational, the interconnector will
be used for the export of electricity from renewable sources to
the Union, in accordance with sub-regulation (2);
(e) the application relates to a joint project that fulfils the
criteria set out in paragraphs (b) and (c) of sub-regulation (2) and
that will use the interconnector after it becomes operational, and
to a quantity of electricity that is no greater than the quantity that
will be exported to the Union after the interconnector becomes
operational.
(4) The proportion or amount of electricity produced by any
installation in the territory of a third country, which is to be regarded
as counting towards Malta’s renewable energy share shall be notified
to the Commission by the Minister. When more than one Member
State is concerned, the distribution between Member States of that
proportion or amount shall be notified to the Commission. The
proportion or amount shall not exceed the proportion or amount
actually exported to, and consumed in, the Union, shall correspond to
the amount referred to in sub-paragraphs (i) and (ii) of paragraph (a) of
sub-regulation (2) and shall meet the conditions set out in paragraph
(a) of that sub-regulation.
(5)
The notification referred to in sub-regulation (4) shall
(a) describe the proposed installation or identify the
refurbished installation;
(b) specify the proportion or amount of electricity
produced from the installation which is to be regarded as
counting towards Malta’s renewable energy share as well as,
subject to confidentiality requirements, the corresponding
financial arrangements;
(c) specify the period, in whole calendar years, during
which the electricity is to be regarded as counting towards
Malta’s renewable energy share; and
(d) include a written acknowledgement of paragraphs (b)
and (c) by the third country in whose territory the installation is
to become operational and an indication of the proportion or
amount of electricity produced by the installation which will be
used domestically by that third country.
(6) The duration of a joint project as referred to in this
regulation may extend beyond 2030.
(7) A notification made under this regulation shall be varied or
withdrawn only where there is a joint agreement between Malta and
the third country that has acknowledged the joint project in accordance
with paragraph (d) of sub-regulation (5).
(1) Within twelve (12) months of the end of each year
falling within the period specified under paragraph (c) of sub-
regulation (5) of regulation 15, the Minister shall issue a letter of
notification stating
(a) the total amount of electricity produced from
renewable sources during that year by the installation which was
the subject of the notification under regulation 15;
(b) the amount of electricity produced from renewable
sources during that year by that installation which is to count
towards Malta’s renewable energy share in accordance with the
terms of the notification under regulation 15; and
(c) evidence of compliance with the conditions laid down
in sub-regulation (2) of regulation 15.
(2) The Minister shall submit the letter of notification to the
Commission and to the third country that has acknowledged the
project in accordance with paragraph (d) of sub-regulation (5) of
regulation 15.
(3) For the purposes of calculating the renewable energy shares
under these regulations, the amount of electricity from renewable
sources notified in accordance with paragraph (b) of sub-regulation (1)
shall be added to the amount of energy from renewable sources that is
taken into account in calculating Malta’s renewable energy shares.
(1) Without prejudice to the obligations of the Minister
under regulation 5, the Minister may agree with the relevant
authorities of one or more other Member States, on a voluntary basis,
to join or partly coordinate their national support schemes.
(2) Where an agreement is reached for the joining or partial
coordination of national support schemes, a certain amount of energy
from renewable sources produced in Malta may count towards the
renewable energy share of another participating Member State, or
vice-versa, provided that Malta and any other Member State
concerned
(a) make a statistical transfer of specified amounts of
energy from renewable sources in accordance with regulation 12;
or
(b) set up a distribution rule agreed by Malta and any
participating Member State that allocates amounts of energy
from renewable sources between them.
(3) A distribution rule as referred to in paragraph (b) of sub-
regulation (2) shall be notified by the Minister to the Commission not
later than three (3) months after the end of the first year in which it
takes effect.
(4) Within three (3) months of the end of each year, where a
notification has been made under sub-regulation (3), the Minister shall
issue a letter of notification stating the total amount of electricity or
heating or cooling from renewable sources produced during the year
which is to be the subject of the distribution rule.
(5) For the purposes of calculating the renewable energy shares
under these regulations, the amount of electricity or heating or cooling
from renewable sources notified in accordance with sub-regulation (4)
shall be reallocated between Malta and any Member State concerned in
accordance with the notified distribution rule.
(6) The Minister may request the Commission to facilitate the
establishment of joint support schemes between Malta and any other
Member State.
(1) Any national rules concerning the authorisation, Administrative
procedures,
certification and licensing procedures that are applied to
regulations and
codes.
(a) plants and associated transmission and distribution
networks for the production of electricity, heating or cooling
from renewable sources;
(b) the process of transformation of biomass into
biofuels, bioliquids, biomass fuels or other energy products; and
(c) to renewable liquid and gaseous transport fuels of
non-biological origin;
shall be proportionate and necessary and contribute to the
implementation of the energy efficiency first principle.
(2) The Regulator and the Planning Authority shall, in
particular, take the appropriate steps to ensure that
(a) administrative procedures are streamlined and
expedited at the appropriate administrative level and predictable
timeframes are established for the procedures referred to in the
sub-regulation (1);
(b) rules concerning authorisation, certification and
licensing are objective, transparent and proportionate, do not
discriminate between applicants and take fully into account the
particularities of individual renewable energy technologies;
(c) administrative charges paid by consumers, planners,
periti, builders and equipment and system installers and
suppliers are transparent and cost-related; and
(d) simplified and less burdensome authorisation
procedures, including a simple-notification procedure, are
established for decentralised devices, and for producing and
storing energy from renewable sources.
(3) The Minister, where necessary in consultation with the
Regulator, shall clearly define any technical specifications which are
to be met by renewable energy equipment and systems in order to
benefit from support schemes
Provided that where European standards exist, including
eco-labels, energy labels and other technical reference systems
established by the European standardisation bodies, such technical
specifications shall be expressed in terms of those standards
Provided further that such technical specifications shall not
prescribe where the equipment and systems are to be certified and shall
not impede the proper functioning of the internal market.
(4) The Minister shall undertake the necessary coordination
with the relevant Ministries as necessary such that provisions may be
made by the relevant authorities for the integration and deployment of
renewable energy, including for renewables self-consumption and
renewable energy communities, and the use of unavoidable waste heat
and cold when planning, including early spatial planning, designing,
building and renovating urban infrastructure, industrial, commercial or
residential areas and energy infrastructure, including electricity,
district heating and cooling, natural gas and alternative fuel networks.
The Minister shall, in particular, coordinate with the relevant
Ministries as necessary such that relevant authorities are encouraged to
include heating and cooling from renewable sources in the planning of
city infrastructure where appropriate, and to consult the network
operators to reflect the impact of energy efficiency and demand
response programs as well as specific provisions on renewables self-
consumption and renewable energy communities, on the infrastructure
development plans of the operators.
(5) The Building and Construction Authority shall introduce
appropriate measures in their building regulations and codes in order
to increase the share of all kinds of energy from renewable sources in
the building sector.
(6) In establishing the measures referred to in sub-regulation
(5) or in their support schemes, the Building and Construction
Authority or the Minister, as the case may be, may take into account,
where applicable, national measures relating to substantial increases in
renewables self-consumption, in local energy storage and in energy
efficiency, relating to cogeneration and relating to passive, low-energy
or zero-energy buildings.
(7) The Building and Construction Authority in its building
regulations and codes, or other competent authorities by other means
with equivalent effect, shall require the use of minimum levels of
energy from renewable sources in new buildings and in existing
buildings that are subject to major renovation in so far as technically,
functionally and economically feasible, and reflecting the results of the
cost-optimal calculation carried out pursuant to sub-regulation (2) of
regulation 6 of the Energy Performance of Buildings Regulations and S.L. 513.01
in so far as this does not negatively affect indoor air quality.
(8) It shall be permitted for the minimum levels referred to in
sub-regulation (7) to be fulfilled, inter alia, through efficient district
heating and cooling using a significant share of renewable energy and
waste heat and cold.
(9) The requirements laid down in sub-regulation (5) shall
apply to the armed forces only to the extent that their application does
not cause any conflict with the nature and primary aim of the activities
of the armed forces and with the exception of material used
exclusively for military purposes.
(10) The Building and Construction Authority shall ensure that
new public buildings, and existing public buildings that are subject to
major renovation, at national, regional and local level, fulfil an
exemplary role in the context of these regulations from 1 January
2012
Provided that the obligation may, inter alia, be fulfilled by
complying with nearly zero-energy building provisions as required in
the Energy Performance of Buildings Regulations, or, by coordinating
with the Lands Authority to provide for the roofs of public or mixed
private-public buildings to be used by third parties for installations that
produce energy from renewable sources.
(11) In drafting building regulations and codes, the Building and
Construction Authority shall promote the use of renewable heating and
cooling systems and equipment that achieve a significant reduction of
energy consumption
Provided that use shall be made of energy or eco-labels or
other appropriate certificates or standards developed at national or
Union level, where these exist, and, the provision of adequate
information and advice on renewable, highly energy efficient
alternatives as well as eventual financial instruments and incentives
available in the case of replacement, with a view to promoting an
increased replacement rate of old heating systems and an increased
switch to solutions based on renewable energy in accordance with the
Energy Performance of Buildings Regulations shall be ensured.
(12) The Minister shall carry out an assessment of the potential
of energy from renewable sources and of the use of waste heat and
cold in the heating and cooling sector.
(13) The assessment referred to in sub-regulation (12) shall,
where appropriate, include spatial analysis of areas suitable for low-
ecological-risk deployment and the potential for small-scale household
projects and shall be included in the second comprehensive assessment
required pursuant to the Energy Efficiency Regulations for the first
time by 31 December 2020 and in the subsequent updates of the
comprehensive assessments.
(14) The Minister shall assess the regulatory and administrative
barriers to long-term renewables power purchase agreements, and shall
remove unjustified barriers to, and facilitate the uptake of, such
agreements, whilst ensuring that those agreements are not subject to
disproportionate or discriminatory procedures or charges.
(15) Policies and measures facilitating the uptake of renewables
power purchase agreements shall be described in Malta’s integrated
national energy and climate plans and progress reports pursuant to
Regulation (EU) 2018/1999.
(16) Sub-regulations (14) and (15) shall be without prejudice to
the exercise of the derogations granted under Article 66 of Directive
(EU) 2019/944 of the European Parliament and of the Council of 5
June 2019 on common rules for the internal market for electricity and
amending Directive 2012/27/EU (recast).
(1) The Regulator shall coordinate with the relevant Organisation
authorities the setting up of one or more contact points related to the and
the permit-
permit-granting process.
granting
process.
(2) The contact points described in sub-regulation (1) shall,
upon request, guide the applicant through and facilitate the entire
administrative permit application and granting process. The applicant
shall not be required to contact more than one contact point for the
entire process.
(3) The permit-granting process referred to in sub-regulation
(2) shall cover the relevant administrative permits to build, repower
and operate plants for the production of energy from renewable
sources and assets necessary for their connection to the grid and shall
comprise all procedures from the acknowledgment of the receipt of the
application to the transmission of the outcome of the procedure
referred to in sub-regulation (4).
(4) The contact point shall guide the applicant through the
administrative permit application process in a transparent manner up to
the delivery of one or several decisions by the responsible authorities
at the end of the process, provide the applicant with all necessary
information and involve, where appropriate, other administrative
authorities. Applicants shall be allowed to submit relevant documents
also in digital form.
(5) The contact point shall make available a manual of
procedures for developers of renewable energy production projects
and shall provide that information also online, addressing distinctly
also small-scale projects and renewables self-consumers projects.
(6) Information shall be made available online to indicate the
contact point relevant to the applicant's application.
(7) Without prejudice to sub-regulation (11), the permit-
granting process referred to in sub-regulation (1) shall not exceed two
(2) years for power plants, including all relevant procedures of
competent authorities
Provided that where duly justified on the grounds of
extraordinary circumstances, that two (2) year period may be extended
by up to one (1) year.
(8) Without prejudice to sub-regulation (11), the permit-
granting process shall not exceed one (1) year for installations with an
electrical capacity of less than 150 kW
Provided that where duly justified on the grounds of
extraordinary circumstances, that one year period may be extended by
up to one (1) year.
(9) The relevant permit and authorisation issuing bodies shall
ensure that applicants have easy access to simple procedures for the
settlement of disputes concerning the permit-granting process and the
issuance of permits to build and operate renewable energy plants,
including, where applicable, alternative dispute resolution
mechanisms.
(10) The Regulator, the Planning Authority and the
Environment and Resources Authority and any other relevant
authority, shall facilitate the repowering of existing renewable energy
plants by ensuring a simplified and swift permit-granting process
which shall not exceed one (1) year
Provided that where duly justified on the grounds of
extraordinary circumstances, such as on grounds of overriding safety
reasons where the repowering project impacts substantially on the grid
or the original capacity, size or performance of the installation, that
one (1)-year period may be extended by up to one (1) year.
(11) The time periods established in this regulation shall apply
without prejudice to obligations under applicable Union environmental
law, to judicial appeals, remedies and other proceedings before a court
or tribunal, and to alternative dispute resolution mechanisms,
including complaints procedures, non-judicial appeals and remedies,
and may be extended for the duration of such procedures.
(12) The time periods established in this regulation shall run
from the date upon which the relative permit or authorisation issuing
body acknowledges the submission of the application, provided that
where the application documentation is incomplete or where the
permit or authorisation issuing body requires the applicant to submit
further information which is necessary for the processing of the
application, the permit or authorisation issuing body shall accordingly
issue a request to the applicant and the period shall be suspended from
the date upon which the request is issued until such time as the
applicant complies with such request.
(1) The Regulator shall establish a simple-notification Simple-
procedure for grid connections whereby installations or aggregated notification
procedure for
production units of renewables self-consumers and demonstration grid
connections.
projects, with an electrical capacity of 10.8kW or less, or of a capacity
which is equivalent thereto for connections other than three-phase
connections, are to be connected to the grid following a notification to
the distribution system operator.
(2) The distribution system operator may, within a limited
period following the notification referred to in sub-regulation (1),
reject the requested grid connection or propose an alternative grid
connection point on justified grounds of safety concerns or technical
incompatibility of the system components
Provided that the installation or aggregated production unit
may be connected in the case of a positive decision by the distribution
system operator, or in the absence of a decision by the distribution
system operator within one (1) month following the notification.
(3) The Regulator may allow a simple-notification procedure
for installations or aggregated production units with an electrical
capacity of above 10.8kW and up to 50kW, provided that grid stability,
grid reliability and grid safety are maintained.
(1) The Regulator, the Building and Construction Information and
Authority, the Permanent Secretary responsible for Social Policy and, training.
or Social Accommodation and any other relevant public authorities
shall make available information on support measures falling under
their respective remit to all relevant actors, such as consumers
including low-income, vulnerable consumers, renewables self-
consumers, renewable energy communities, builders, installers, periti,
suppliers of heating, cooling and electricity equipment and systems,
and suppliers of vehicles compatible with the use of renewable energy
and of intelligent transport systems.
(2) Suppliers of equipment and systems for the use of heating,
cooling and electricity from renewable sources shall make available
information on the net benefits, cost and energy efficiency of such
equipment and systems.
(3) The Regulator shall coordinate with the appropriate
persons and entities to ensure that in so far as is reasonable,
certification schemes or equivalent qualification schemes are available
for installers of small-scale biomass boilers and stoves, solar
photovoltaic and solar thermal systems, shallow geothermal systems
and heat pumps
Provided that the Regulator may take into account existing
schemes and structures as appropriate, and which shall be based on the
criteria laid down in the Fourth Schedule. Certification awarded by
other Member States in accordance with those criteria shall be
recognised.
(4) Information on certification schemes or equivalent
qualification schemes as referred to in sub-regulation (3) shall be made
available to the public by the Regulator
Provided that the list of installers who are qualified or
certified in accordance with sub-regulation (3) shall be made available
to the public.
(5) The Building and Construction Authority, shall ensure that
guidance is made available to all relevant actors, in particular to
planners and periti to enable them to properly consider the optimal
combination of energy from renewable sources, of high-efficiency
technologies, and of district heating and cooling when planning,
designing, building and renovating industrial, commercial or
residential areas.
(6) The Regulator, where appropriate with the participation
relevant public authorities, shall develop suitable information,
awareness-raising, guidance or training programmes in order to inform
citizens of how to exercise their rights as active customers, and of the
benefits and practicalities, including technical and financial aspects, of
developing and using energy from renewable sources, including by
renewables self-consumption or in the framework of renewable energy
communities.
(1)
Where relevant, the Regulator shall require
transmission system operators and distribution system operators in
their territory to publish technical rules in accordance with regulation
10 of the Natural Gas Market Regulations, in particular regarding
network connection rules that include gas quality, gas odoration and
gas pressure requirements.
(2) The Regulator shall require transmission and distribution
system operators to publish the connection tariffs to connect gas from
renewable sources based on objective, transparent and non-
discriminatory criteria.
(3) Subject to the assessment included in the integrated
national energy and climate plans in accordance with Annex I to
Regulation (EU) 2018/1999 on the necessity to build new
infrastructure for district heating and cooling from renewable sources
in order to achieve the Union target described in sub-regulation (1) of
regulation 3, the Minister shall ensure that the necessary incentives
and regulatory framework are in place such that district heating and
cooling infrastructure can accommodate heating and cooling from
large biomass, solar energy, ambient energy and geothermal energy
facilities and from waste heat and cold.
(1) The Minister shall provide a regulatory framework to Renewables
ensure that consumers are entitled to become renewables self- self-consumers.
consumers, subject to this regulation.
(2) The regulatory framework referred to in sub-regulation (1)
shall ensure that renewables self-consumers, individually or through
aggregators, are entitled
(a) to generate renewable energy, including for their own
consumption, store and sell their excess production of renewable
electricity, including through renewables power purchase
agreements, electricity suppliers and peer-to-peer trading
arrangements, without being subject
(i) in relation to the electricity that they consume
from or feed into the grid, to discriminatory or
disproportionate procedures and charges, and to network
charges that are not cost-reflective;
(ii) in relation to their self-generated electricity
from renewable sources remaining within their premises, to
discriminatory or disproportionate procedures, and to any
charges or fees;
(b) to install and operate electricity storage systems
combined with installations generating renewable electricity for
self-consumption without liability for any double charge,
including network charges, for stored electricity remaining
within their premises;
(c) to maintain their rights and obligations as final
consumers;
(d) to receive remuneration, including, where applicable,
through support schemes, for the self-generated renewable
electricity that they feed into the grid, which reflects the market
value of that electricity and which may take into account its
long-term value to the grid, the environment and society.
(3) Non-discriminatory and proportionate charges and fees to
renewables self-consumers may apply in relation to their self-
generated renewable electricity remaining within their premises in one
or more of the following cases
(a) if the self-generated renewable electricity is
effectively supported via support schemes, only to the extent that
the economic viability of the project and the incentive effect of
such support are not undermined;
(b) from 1 December 2026, if the overall share of self-
consumption installations exceeds eight per cent (8%) of the
total installed electricity capacity in Malta, and if it is
demonstrated, by means of a cost-benefit analysis performed by
the Regulator, which is conducted by way of an open, transparent
and participatory process, that the provision laid down in sub-
paragraph (ii) of paragraph (a) of sub-regulation (2) either results
in a significant disproportionate burden on the long-term
financial sustainability of the electric system, or creates an
incentive exceeding what is objectively needed to achieve cost-
effective deployment of renewable energy, and that such burden
or incentive cannot be minimised by taking other reasonable
actions; or
(c) if the self-generated renewable electricity is produced
in installations with a total installed electrical capacity of more
than 30kW.
(4) The regulatory framework referred to in sub-regulation (1)
shall provide that renewables self-consumers located in the same
building, including multi-apartment blocks, are entitled to engage
jointly in activities referred to in sub-regulation (2) and that they are
permitted to arrange sharing of renewable energy that is produced on
their site or sites between themselves, without prejudice to the network
charges and other relevant charges, fees, levies and taxes applicable to
each renewables self-consumer and without prejudice to the provisions
of sub-regulation (9).
(5) The regulatory framework may differentiate between
individual renewables self-consumers and jointly acting renewables
self-consumers, provided that any such differentiation shall be
proportionate and duly justified.
(6) The renewables self-consumer's installation may be owned
by a third party or managed by a third party for installation, operation,
including metering and maintenance, provided that the third party
remains subject to the renewables self-consumer's instructions,
whereby the third party itself shall not be considered to be a
renewables self-consumer.
(7) The Minister shall put in place an enabling framework to
promote and facilitate the development of renewables self-
consumption based on an assessment of the existing unjustified
barriers to, and of the potential of, renewables self-consumption in
Malta, where the enabling framework shall, inter alia
(a) address accessibility of renewables self-consumption
to all final customers, including those in low-income or
vulnerable households;
(b) address unjustified barriers to the financing of
projects in the market and measures to facilitate access to
finance;
(c) address other unjustified regulatory barriers to
renewables self-consumption, including for tenants;
(d) address incentives to building owners to create
opportunities for renewables self-consumption, including for
tenants;
(e) grant renewables self-consumers, for self-generated
renewable electricity that they feed into the grid, non-
discriminatory access to relevant existing support schemes as
well as to all electricity market segments;
(f) ensure that renewables self-consumers contribute in
an adequate and balanced way to the overall cost sharing of the
system when electricity is fed into the grid.
(8) A summary of the policies and measures under the enabling
framework and an assessment of their implementation respectively
shall be reported in Malta’s integrated national energy and climate
plans and progress reports pursuant to Regulation (EU) 2018/1999.
(9) This regulation shall apply without prejudice to Articles
107 and 108 TFEU and shall furthermore apply without prejudice to
Malta’s right to exercise the derogations granted pursuant to Article 66
of Directive (EU) 2019/944 of the European Parliament and of the
Council of 5 June 2019 on common rules for the internal market for
electricity and amending Directive 2012/27/EU (recast).
(1)
The regulatory framework for citizen energy Renewable
communities envisaged by regulation 13 of the Electricity Regulations energy
communities.
shall ensure that final customers, in particular household customers, S.L. 545. 34.
are entitled to participate in a renewable energy community while
maintaining their rights or obligations as final customers, and without
being subject to unjustified or discriminatory conditions or procedures
that would prevent their participation in a renewable energy
community, provided that for private undertakings, their participation
does not constitute their primary commercial or professional activity.
(2) The regulatory framework shall ensure that renewable
energy communities are entitled to
(a) produce, consume, store and sell renewable energy,
including through renewables power purchase agreements;
(b) share, within the renewable energy community,
renewable energy that is produced by the production units owned
by that renewable energy community, subject to the other
requirements laid down in this regulation and to maintaining the
rights and obligations of the renewable energy community
members as customers;
(c) access all suitable energy markets both directly or
through aggregation in a non-discriminatory manner.
(3) The Minister shall carry out an assessment of the existing
barriers and potential of development of renewable energy
communities.
(4) The enabling framework shall promote and facilitate the
development of renewable energy communities and shall ensure, inter
alia, that
(a) unjustified regulatory and administrative barriers to
renewable energy communities are removed;
(b) renewable energy communities that supply energy or
provide aggregation or other commercial energy services are
subject to the provisions relevant for such activities;
(c) the relevant distribution system operator cooperates
with renewable energy communities to facilitate energy transfers
within renewable energy communities;
(d) renewable energy communities are subject to fair,
proportionate and transparent procedures, including registration
and licensing procedures, and cost-reflective network charges, as
well as relevant charges, levies and taxes, ensuring that they
contribute, in an adequate, fair and balanced way, to the overall
cost sharing of the system in line with a transparent cost-benefit
analysis of distributed energy sources developed by the national
competent authorities;
(e) renewable energy communities are not subject to
discriminatory treatment with regard to their activities, rights
and obligations as final customers, producers, suppliers,
distribution system operators, or as other market participants;
(f) the participation in the renewable energy
communities is accessible to all consumers, including those in
low-income or vulnerable households;
(g) tools to facilitate access to finance and information
are available;
(h) regulatory and capacity-building support is provided
to public authorities in enabling and setting up renewable energy
communities, and in helping authorities to participate directly;
(i) rules to secure the equal and non-discriminatory
treatment of consumers that participate in the renewable energy
community are in place.
(5) The main elements of the enabling framework referred to in
sub-regulation (4), and of its implementation, shall be part of the
updates of the integrated national energy and climate plans and
progress reports pursuant to Regulation (EU) 2018/1999.
(6) The Regulatory framework may provide for renewable
energy communities to be open to cross-border participation.
(7) Without prejudice to Articles 107 and 108 TFEU, the
Minister shall take into account specificities of renewable energy
communities when designing support schemes in order to allow them
to compete for support on an equal footing with other market
participants.
(8) This regulation shall apply without prejudice to Malta’s
right to exercise the derogations granted pursuant to Article 66 of
Directive (EU) 2019/944 of the European Parliament and of the
Council of 5 June 2019 on common rules for the internal market for
electricity and amending Directive 2012/27/EU (recast).
(1) In order to promote the use of renewable energy in Mainstreaming
the heating and cooling sector, the Minister shall endeavour to increase renewable
energy in
the share of renewable energy in that sector by an indicative 1.1 heating
cooling.
percentage points as an annual average calculated for the periods
2021-2025 and 2026-2030, starting from the share of renewable
energy in the heating and cooling sector in 2020, expressed in terms of
national share of final energy consumption and calculated in
accordance with the methodology set out in regulations 7, 8 and 10,
without prejudice to sub-regulations (2) to (5).
(2) For the purposes of sub-regulation (1), when calculating the
share of renewable energy in the heating and cooling sector and the
average annual increase in accordance with that sub-regulation, the
Minister
(a) may count waste heat and cold, subject to a limit of
forty per cent (40%) of the average annual increase;
(b) where its share of renewable energy in the heating
and cooling sector is above sixty per cent (60%), may count any
such share as fulfilling the average annual increase; and
(c) where its share of renewable energy in the heating
and cooling sector is above fifty per cent (50%) and up to sixty
per cent (60%), may count any such share as fulfilling half of the
average annual increase.
(3) When deciding which measures to adopt for the purposes of
deploying energy from renewable sources in the heating and cooling
sector, the Minister may take into account cost-effectiveness reflecting
structural barriers arising from the high share of natural gas or cooling,
or from a dispersed settlement structure with low population density.
(4) Where measures would result in a lower average annual
increase than that referred to in sub-regulation (1), the Minister shall
make it public through the inclusion within the integrated national
energy and climate progress reports pursuant to Article 20 of
Regulation (EU) 2018/1999, and provide the Commission with
reasons, including of choice of measures as referred to in sub-
regulation (2).
(5) On the basis of objective and non-discriminatory criteria,
the Minister may establish and make public a list of measures and may
designate and make public the implementing entities, such as fuel
suppliers, public or professional bodies, which are to contribute to the
average annual increase referred to in sub-regulation (1).
(6) In order to promote the objectives laid down in sub-
regulation (1), the Minister may implement, inter alia, one or more of
the following options
(a) physical incorporation of renewable energy or waste
heat and cold in the energy and energy fuel supplied for heating
and cooling;
(b)
direct mitigation measures such as the installation of
highly efficient renewable heating and cooling systems in
buildings, or the use of renewable energy or waste heat and cold
in industrial heating and cooling processes;
(c) indirect mitigation measures covered by tradable
certificates proving compliance with the obligation laid down in
sub-regulation (1) through support to indirect mitigation
measures, carried out by another economic operator such as an
independent renewable technology installer or energy service
company providing renewable installation services;
(d) other policy measures, with an equivalent effect, to
reach the average annual increase referred to in sub-regulation
(1), including fiscal measures or other financial incentives.
(7) When adopting and implementing the measures referred to
in sub-regulation (6), the Minister shall aim to ensure the accessibility
of measures to all consumers, in particular those in low-income or
vulnerable households, who would not otherwise possess sufficient up-
front capital to benefit.
(8) The Minister may use the structures established under the
national energy savings obligations set out in regulation 8 of the
Energy Efficiency Regulations to implement and monitor the measures S.L. 545.33.
referred to in sub-regulation (5).
(9) Where entities are designated under sub-regulation (5), the
Minister shall ensure that the contribution by those designated entities
is measurable and verifiable.
(10) Designated entities under sub-regulation (5) shall report
annually to the Regulator on
(a)
the total amount of energy supplied for heating and
cooling;
(b) the total amount of renewable energy supplied for
heating and cooling;
(c) the amount of waste heat and cold supplied for
heating and cooling;
(d) the share of renewable energy and waste heat and
cold in the total amount of energy supplied for heating and
cooling; and
(e)
the type of renewable energy source.
(11) The Regulator shall verify the reported contributions
submitted in line with sub-regulation (10) and report these to the
Minister in aggregated form.
Suppliers shall provide information on the energy
performance and the share of renewable energy in their district heating
and cooling systems to their final consumers in an easily accessible
manner, on their websites, on annual bills and upon request.
(1) The Minister shall set an obligation on fuel suppliers
to ensure that the share of renewable energy within the final
consumption of energy in the transport sector is at least fourteen per
cent (14%) by 2030 (minimum share) in accordance with an indicative
trajectory set by the Minister and calculated in accordance with the
methodology set out in regulations 28 and 29.
(2) For the purposes of setting the obligation referred to in sub-
regulation (1), the Minister may exempt, or distinguish between,
different fuel suppliers and different energy carriers when setting the
obligation on the fuel suppliers, ensuring that the varying degrees of
maturity and the cost of different technologies are taken into account.
(3) For the calculation of the minimum share referred to in sub-
regulation (1), the Regulator
(a) shall take into account renewable liquid and gaseous
transport fuels of non-biological origin also when they are used
as intermediate products for the production of conventional
fuels; and
(b)
may take into account recycled carbon fuels.
(4) Within the minimum share referred to in sub-regulation (1),
the contribution of advanced biofuels and biogas produced from the
feedstock listed in Part A of the Fifth Schedule as a share of final
consumption of energy in the transport sector shall be at least zero
point two per cent (0.2%) in 2022, at least one per cent (1%) in 2025
and at least three point five per cent (3.5%) in 2030
Provided that the Minister may exempt fuel suppliers
supplying fuel in the form of electricity or renewable liquid and
gaseous transport fuels of non-biological origin from the requirement
to comply with the minimum share of advanced biofuels and biogas
with respect to those fuels.
(5) When setting the obligation referred to in sub-regulations
(1) and (4) to ensure the achievement of the share set out therein, the
Minister may do so, inter alia, by means of measures targeting
volumes, energy content or greenhouse gas emissions, provided that it
is demonstrated that the said minimum shares are achieved.
(6) The greenhouse gas emissions savings from the use of
renewable liquid and gaseous transport fuels of non-biological origin
shall be at least seventy per cent (70%) from 1 January 2021.
(1) For the calculation of Malta’s gross final Specific rules
consumption of energy from renewable sources referred to in for
bioliquids and
regulation 8 and the minimum share referred to in the sub-regulation biomass
produced from
(1) of regulation 27, the share of biofuels and bioliquids, as well as of food and feed
biomass fuels consumed in transport, where produced from food and crops.
feed crops, shall be no more than one percentage point higher than the
share of such fuels in the final consumption of energy in the road and
rail transport sectors in Malta in 2020 with a maximum of seven per
cent (7%) of final consumption of energy in the road and rail transport
sectors
Provided that where that share is below one per cent (1%),
it may be increased to a maximum of two per cent (2%) of the final
consumption of energy in the road and rail transport sectors.
(2) The Minister may set a lower limit and may distinguish, for
the purposes of regulation 3 of the Biofuels, Bioliquids and Biomass L.N. 505 of
Fuels (Sustainability Criteria) Regulations, 2021 between different 2021.
biofuels, bioliquids and biomass fuels produced from food and feed
crops, taking into account best available evidence on indirect land-use
change impact, including, for example, the option to set a lower limit
for the share of biofuels, bioliquids and biomass fuels produced from
oil crops.
(3) Where the share of biofuels and bioliquids, as well as of
biomass fuels consumed in transport, produced from food and feed
crops in Malta is limited to a share lower than seven per cent (7%) or
the Minister decides to limit the share further, the minimum share
referred to in sub-article (1) of regulation 27 may be accordingly
reduced, by a maximum of seven percentage points (7%).
(4) For the calculation of Malta’s gross final consumption of
energy from renewable sources referred to in regulation 8 and the
minimum share referred to in sub-regulation (1) of regulation 27, the
share of high indirect land-use change-risk biofuels, bioliquids or
biomass fuels produced from food and feed crops for which a
significant expansion of the production area into land with high-carbon
stock is observed shall not exceed the level of consumption of such
fuels in Malta in 2019, unless they are certified to be low indirect
landuse change-risk biofuels, bioliquids or biomass fuels pursuant to
legislation issued to this effect by the Commission in line with
paragraph 2 of Article 26 of the Directive
Provided that from the 1 st of January 2024, such fuels shall
not be taken into account for said calculations.
(1) For the calculation of the minimum shares referred to
in sub-regulations (1) and (4) of regulation 27 the following provisions
shall apply
(a) for the calculation of the denominator, that is the
energy content of road and rail-transport fuels supplied for
consumption or use on the market, petrol, diesel, natural gas,
biofuels, biogas, renewable liquid and gaseous transport fuels of
non-biological origin, recycled carbon fuels and electricity
supplied to the road and rail transport sectors, shall be taken into
account;
(b) for the calculation of the numerator, that is the
amount of energy from renewable sources consumed in the
transport sector for the purposes of sub-regulation (1) of
regulation 27 the energy content of all types of energy from
renewable sources supplied to all transport sectors, including
renewable electricity supplied to the road and rail transport
sectors, shall be taken into account and recycled carbon fuels
may also be taken into account; and
(c) for the calculation of both numerator and
denominator, the values regarding the energy content of transport
fuels set out in the Third Schedule shall be used
Provided that in order to determine the calorific values of
fuels, the relevant European Standards Organisation (ESO) standards
shall be used for the determination of the energy content of transport
fuels not included in the Third Schedule, and where no ESO standard
has been adopted for that purpose, the relevant International
Organization for Standardisation (ISO) standards shall be used.
(2) For the purposes of demonstrating compliance with the
minimum shares referred to in regulation 27
(a) the share of biofuels and biogas for transport
produced from the feedstock listed in the Fifth Schedule may be
considered to be twice its energy content;
(b) the share of renewable electricity shall be considered
to be four times its energy content when supplied to road
vehicles and may be considered to be 1.5 times its energy content
when supplied to rail transport;
(c) with the exception of fuels produced from food and
feed crops, the share of fuels supplied in the aviation and
maritime sectors shall be considered to be 1.2 times their energy
content.
(3) For the calculation of the share of renewable electricity in
the electricity supplied to road and rail vehicles for the purposes of
sub-regulation (1), the two-year period before the year in which the
electricity is supplied in Malta shall be referred to.
(4) By way of derogation from sub-regulation (3), to determine
the share of electricity for the purposes of sub-regulation (1), in the
case of electricity obtained from a direct connection to an installation
generating renewable electricity and supplied to road vehicles, that
electricity shall be fully counted as renewable.
(5) For the purposes of this regulation, where electricity is used
for the production of renewable liquid and gaseous transport fuels of
non-biological origin, either directly or for the production of
intermediate products, the average share of electricity from renewable
sources in the country of production, as measured two years before the
year in question, shall be used to determine the share of renewable
energy.
(6) Electricity obtained from direct connection to an
installation generating renewable electricity may be fully counted as
renewable electricity where it is used for the production of renewable
liquid and gaseous transport fuels of non-biological origin, provided
that the installation
(a) comes into operation after, or at the same time as, the
installation producing the renewable liquid and gaseous transport
fuels of non-biological origin; and
(b) is not connected to the grid or is connected to the grid
but evidence can be provided that the electricity concerned has
been supplied without taking electricity from the grid.
(7) Electricity that has been taken from the grid may be
counted as fully renewable provided that it is produced exclusively
from renewable sources and the renewable properties and other
appropriate criteria have been demonstrated, ensuring that the
renewable properties of that electricity are claimed only once and only
in one end-use sector.
(1)
The relevant economic operators shall submit
information on the transactions made and the sustainability
characteristics of liquid and gaseous transport fuels that are eligible for
being counted towards the numerator referred to in paragraph (b) of
sub-regulation (1) of regulation 29 or that are taken into account for
the purposes referred to in paragraphs (a), (b), and (c) of sub-
regulation (1) of regulation 3 of the Biofuels, Bioliquids and
Biomass Fuels (Sustainability Criteria) Regulations, 2021,
including their life-cycle greenhouse gas emissions, starting from their
point of production to the fuel supplier that places the fuel on the
market.
(2) The submission referred to in sub-regulation (1) shall be in
the form of an entry made by the economic operators into the Union
database put in place by the Commission to enable the tracing of the
fuels described in sub-regulation (2).
(3) Fuel suppliers shall enter the information necessary to
verify compliance with the requirements laid down in the sub-
regulations (1) and (4) of regulation 27 into the Union database.
(4) By the 31st December 2021, the Minister shall take
measures to ensure the availability of fuels from renewable sources for
transport and to ensure publicly accessible high-power recharging
points whilst the Minister responsible for Transport shall take
measures to ensure the availability of refuelling infrastructure in line
with the national policy framework drawn up as a requirement of
Directive 2014/94/EU.
(1) The Regulator may impose an administrative fine
upon any person who infringes any provision of these regulations or
who fails to comply with any directive or decision given by the
Regulator in ensuring compliance with these regulations.
(2) An administrative fine imposed under sub-regulation (1)
shall not exceed one hundred thousand euro (€100,000) for each
contravention.
The Promotion of Energy from Renewable Sources
Regulations are hereby repealed.