Regulations, 2021

L.N. 504 of 2021

REGULATOR FOR ENERGY AND WATER SERVICES ACT

(CAP. 545)

Guarantees of Origin of Electricity from High-Efficiency

Cogeneration and of Energy from Renewable Energy 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 Guarantees of

Origin of Electricity from High-Efficiency Cogeneration and of

Energy from Renewable Energy Sources Regulations, 2021.

(2) The scope of these regulations is to establish a

regulatory framework for the issuing of guarantees of origin for

electricity produced from high-efficiency cogeneration and, or

energy produced from renewable energy sources and, for the

purposes of providing to final consumers the share or quantity of

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

and in the energy supplied to consumers under contracts marketed

with reference to the consumption of energy from renewable

sources, and to ensure that the origin of energy produced from

renewable energy sources can be guaranteed in accordance with

objective, transparent and non-discriminatory criteria. These

regulations transpose Article 19 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 4(3))

Information to be submitted with an application for the issuing of

a guarantee of origin

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

number, of the person requesting the issuing of the guarantee of origin.

2. Where the person signing a statement of entitlement

required under sub-regulation (4) of regulation 4 is not the same

person making the request, the name and address of the person signing

the statement.

3. Whether or not the person requesting the issuing of a

guarantee of origin is the producer of the electricity or energy in

respect of which the guarantee of origin is being requested, the name

and address, and if a company, the registration number of the producer.

4. The commencement and termination of the period covered

by the guarantee of origin for which an application is made.

5. The place where the electricity or energy in respect of

which the guarantee of origin is being requested is produced, the name,

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

or the energy, and the date on which the installation became

operational.

6. The quantity of electricity or energy in respect of which the

guarantee of origin is being requested, together with the total quantity

of electricity or energy being produced by the plant during the period

covered by the application.

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

issuing of a guarantee of origin is being submitted, was produced from

a high-efficiency cogeneration

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

First and Second Schedules to the Energy Efficiency

Regulations;

(b) the primary source of fuel from which the electricity

was produced;

(c)

the heat to power ratio of the plant; and

(d) the amount of useful heat being utilised during the

period for which the application is being submitted.

8. Where energy in respect of which an application for the

issuing of a guarantee of origin is being submitted was produced from

renewable energy sources

(a) the energy source from which the energy was

produced; and

(b) the declared net capacities of the installation, with

respect to each source of energy from which the energy was

produced.

9. Such further information as the Regulator may, in particular

circumstances, reasonably require

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

information required under items 1 to 8 hereof; or

(b) to enable the Regulator to be satisfied that any

electricity produced is from high-efficiency cogeneration or that

any energy produced is from renewable energy sources.

(1) Unless otherwise required under these regulations,

the definitions prescribed under the Regulator for Energy and Water

Services Act, the Energy Efficiency Regulations, and the Promotion of

Energy from Renewable Sources Regulations, 2021 shall apply.

2021. (2) For the purposes of these regulations, and unless the

context otherwise requires

"Act" means the Regulator for Energy and Water Services

Act;

"energy producer" shall have the same meaning as assigned

to it in the Biofuels,Bioliquids and Biomass Fuels (Sustainability L.N. 505 of

Criteria) Regulations, 2021;

2021. "energy supplier" shall have the same meaning as that

assigned to it in the Biofuels,Bioliquids and Biomass Fuels L.N.

2021. (Sustainability Criteria) Regulations, 2021;

"final customer" means a natural or legal person who

purchases energy for own use;

"guarantee of origin" means an electronic document issued

by the Regulator which has the sole function of providing

evidence to a final customer that a given share or quantity of

electricity was produced from high-efficiency cogeneration or

that a given share or quantity of energy was produced from

renewable energy sources;

"guarantee of origin holder" means the person in favour of

whom the guarantee of origin is issued or the person to whom it

is transferred;

"Minister" means the Minister responsible for energy;

"Regulator" means the Regulator for Energy and Water

Services as established by article 3 of the Act;

"residual energy mix" means the total annual energy mix

for Malta, excluding the share covered by cancelled guarantees

of origin;

"statement of entitlement" means a statement made to the

Regulator in respect of the electricity, or energy which is the

subject of the application for the issue of a guarantee of origin;

"third party" means any natural or legal person, in favour of

whom a guarantee of origin has been transferred by the

guarantee of origin holder, issued to the latter in relation to

electricity produced from high-efficiency cogeneration and, or to

energy from renewable energy sources according to these

regulations, and in terms of which such third party is able to

fulfil his obligations as regards production and, or supply of

electricity produced from high-efficiency cogeneration or that

produced from renewable energy sources.

(regulation 5(6))

Information to be contained in a guarantee of origin

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

number of the person to whom the guarantee of origin has been issued

and whether it relates to electricity, gas (including hydrogen), or

heating or cooling.

2. The date of issue of the guarantee of origin.

3. The reference number given to the guarantee of origin

issued by the Regulator and an indication that the guarantee is being

issued by the Maltese Regulator for Energy and Water Services.

4. The commencement and the termination dates of the period

to which the guarantee of origin relates.

5. The place where the electricity or energy in respect of

which the guarantee of origin being requested was produced, the name

of the plant, if any, and the date on which the installation became

operational.

6. The total quantity of electricity or energy over the period to

which the guarantee of origin relates.

7. The energy source or sources from which the electricity or

energy was produced.

8. The declared net capacities of the installation with respect

to each source of energy from which the electricity or energy was

produced.

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

cogeneration

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

which the electricity was produced;

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

electricity produced during the period for which the guarantee of

origin was issued;

(c) the quantity of electricity from high-efficiency

cogeneration calculated in terms of the First Schedule to the

Energy Efficiency Regulations;

(d) the primary energy savings calculated in terms of

paragraph (b) of the Second Schedule to the Energy Efficiency

Regulations;

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

the guarantee of origin relates;

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

produced;

(g)

the power efficiency achieved;

(h)

the achieved overall efficiency;

(i) the total quantity of electricity generated over the

period to which the guarantee of origin refers.

10. In the case of a guarantee of origin issued in respect of

energy produced from installations of renewable energy sources, a

declaration that the installation has not benefited from investment

support and that the unit of energy has not benefited in any other way

from a national support scheme.

(1) The Regulator shall issue guarantees of origin to Powers of the

producers of electricity from high-efficiency cogeneration and, or to Regulator.

producers of energy from renewable energy sources, upon compliance

with the requirements of these regulations

Provided that where electricity is generated from high-

efficiency cogeneration using renewable sources, only one guarantee

of origin specifying both characteristics may be issued.

(2) The Regulator shall supervise the issuance, transfer and

cancellation of guarantees of origin.

(3) The Regulator shall have non-overlapping geographical

responsibilities, and shall be independent of production, trade and

supply activities.

(regulation 10)

Application fees payable

1. Application for the issuing of a guarantee of origin

The applicable fee for applying for the issuing of a guarantee of

origin is of one hundred and seventy-five euro (€175).

2. Application for the replacement of a guarantee of origin

The applicable fee for applying for the replacement of a

guarantee of origin where the replacement is required owing to a

failure on the part of the applicant is of eighty-five euro (€85).

3. Application for the transfer of a guarantee of origin

The applicable fee for applying for the transfer of a guarantee of

origin is of twenty-five euro (€25).

(1) An application for the issuing of a guarantee of origin

shall cover a period of at least four (4) months.

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

issuing of a guarantee of origin in respect of electricity or energy

generated outside Malta.

(3) An application for the issuing of a guarantee of origin shall

not be considered valid unless the Regulator is provided with

(a)

all the information listed in the First Schedule;

(b)

a statement of entitlement submitted by the applicant;

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

guarantee of origin to be made payable to the Regulator in terms

of regulation 10.

(4)

A statement of entitlement shall include the following

(a) a declaration that the producer of electricity or energy

is entitled to the issuing of a guarantee of origin; and

(b) a declaration that such person has never submitted

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

guarantee of origin to any other person or authority outside

Malta with respect to the electricity or energy which is the

subject of the application.

Consequential amendments to other legislation

LEGISLATION

PROVISION

PHRASE THAT

AMENDMENT

IS TO BE

AMENDED

Regulator for

First Schedule

"Guarantees of

"Guarantees of

Energy and Water

Origin of

Origin of

Services Act –

Electricity from

Electricity from

High Efficiency

High Efficiency

Cogeneration and

Cogeneration and

Renewable

of Energy from

Energy Sources

Renewable

Regulations (S.L.

Energy Sources

545.23)"

Regulations (S.L.

545.23)"

€1.17

(1) The Regulator shall acknowledge in writing, to the

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

within fifteen (15) days from the date of the receipt of such

application.

(2)

The Regulator shall issue a guarantee of origin in respect of

electricity produced from high-efficiency cogeneration and, or to

producers of energy produced from renewable energy sources having

regard to the following

(a)

an application received in accordance with regulation

4; and

(b) where it is satisfied that the electricity about which

the application is being made is duly produced from high-

efficiency cogeneration; or

(c) where it is satisfied that the energy about which the

application is being made is duly produced from renewable

energy sources.

(3) A guarantee of origin shall be issued to the person

submitting the application or to such other person as may be indicated

in the application.

(4) The guarantee of origin shall only be issued with regard to

the electricity or energy to which the request being made in the

application refers to.

(5) A guarantee of origin issued in relation to electricity

produced from high-efficiency cogeneration and, or energy produced

from renewable energy sources shall be issued with respect to each

megawatt hour (1MWh) of electricity or energy produced and such

megawatt hours shall be rounded up to the nearest megawatt hour and

shall not include energy being consumed for the plant’s own use.

(6)

A guarantee of origin

(a) shall contain all the information listed in the Second

Schedule; and

(b) may contain such other related information as the

Regulator may deem fit and appropriate to include;

Provided that simplified information may be specified on

guarantees of origin from installations of less than fifty kilowatts

(50kW).

(7) Where a guarantee of origin has been issued in terms of

these regulations and has not at any time been revoked, the Regulator

shall not issue another guarantee of origin with respect to the same

electricity or energy for which the guarantee of origin has already been

issued.

(8) The Regulator may set a minimum capacity limit when

considering the energy unit of guarantees of origin.

(9) The Regulator shall put in place appropriate mechanisms

to ensure that guarantees of origin shall be issued, transferred and

cancelled electronically, and are accurate, reliable and fraud-

resistant and shall ensure that the requirements imposed are compliant

with the standard CEN-EN 16325.

(10) The Regulator shall recognise guarantees of origin issued

by competent authorities in other Member States exclusively as proof

of the elements referred to in sub-regulation (2) of regulation 1 and

sub-regulation (6) with particular reference to the Second Schedule,

provided that such guarantees of origin are issued in accordance with

laws within those Member States which are in conformity with the

relevant European Union legislation. The Regulator may refuse to

recognise a guarantee of origin only when it has well-founded doubts

about its accuracy, reliability or veracity or for reasons relating to the

prevention of fraud and such refusal must be based on objective,

transparent and non-discriminatory criteria. The Regulator shall notify

the Commission of such a refusal and shall give reasoned grounds for

its decision.

(11) The Regulator shall not recognise guarantees of origins

issued by a third country except where the Union has concluded an

agreement with that third country on mutual recognition of guarantees

of origin issued in the Union and compatible guarantees of origin

systems established in that third country, and only where there is direct

import or export of energy.

(1) A holder of a guarantee of origin may request the

Regulator by means of an application submitted to the Regulator to

replace the guarantee of origin if

(a) the holder of the of the guarantee of origin believes

that the guarantee of origin contains inaccurate information; and

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

within twenty-one (21) days from the date of issue of the

guarantee of origin.

(2) An application for the replacement of a guarantee of origin

shall contain the following information

(a) statement of the particulars of the guarantee of origin

that the holder believes are inaccurate; and

(b)

provision of all necessary information in support of

that request.

(3) The Regulator shall within forty (40) working days from

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

or otherwise shall take place with regard to the guarantee of origin,

taking into consideration the information submitted to it in this regard,

and in doing so the Regulator shall give reasons for its decisions

Provided that the Regulator may where it deems it

necessary, revoke the guarantee of origin in terms of regulation 8

Provided further that in either case mentioned in sub-

regulation (3), failure on the part of the Regulator to give reasons for

decisions shall not mean, in any manner whatsoever, that a

replacement of the existing guarantee of origin or the issuing of a new

guarantee of origin has been tacitly granted by the Regulator.

(4) The Regulator may extend the forty (40) working day

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

(40) working days and in doing so the Regulator shall inform the

applicant in writing of such extended period.

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

guarantee of origin it shall do so as soon as possible. The Regulator

shall inform the holder as soon as possible by means of a written

notice if it decides not to replace the guarantee of origin.

(1) If a guarantee of origin holder no longer operates the Applications for

plant to which such guarantee relates, such holder may request the the

guarantees of

Regulator to transfer the guarantee of origin to the person who origin.

operates that plant by means of an application.

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

be valid if it contains the following

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

which an application for transfer is being made; and

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

origin and of the person in favour of whom the application for

transfer of the guarantee of origin is being made; and

(c) satisfactory evidence of the matters referred to in sub-

regulation (1)

Provided that such application shall be accompanied by the

application fee applicable for the transfer of the guarantee of origin.

(3) The Regulator shall upon the receipt of a valid application

for the transfer of a guarantee of origin, amend the register referred to

in regulation 9.

(1)

The Regulator shall revoke a guarantee of origin

(a)

it decides that the guarantee of origin is inaccurate;

(b) it is satisfied that the information provided under

regulation 4 is incorrect in a material particular; and, or

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

should not have been issued, is inaccurate, or was issued to the

wrong person.

(2) Where the Regulator revokes a guarantee of origin, it shall

as soon as it is reasonably practicable, inform the holder of the existing

guarantee of origin in writing of such revocation.

(3) A guarantee of origin which has been revoked by the

Regulator under paragraph (a) of sub-regulation (1) shall be treated as

if it has never been issued and for the purpose of paragraphs (b) and (c)

of sub-regulation (1), it shall cease to have effect from the date when

the information referred to in sub-regulation (2) is given by the

Regulator.

(1) The Regulator shall maintain a register, which may be

in electronic format, and which shall contain the following

(a) details of the application received for the issuing of

the guarantee of origin and also details of the guarantee of origin

issued by the Regulator, including the date when such guarantee

of origin was issued;

(b) details of the guarantee of origin holder including

details of transfers of the guarantee of origin, if any;

(c) the energy source or sources from which the

electricity or energy is being produced and to which the

guarantee of origin relates;

(d) the place whereby the electricity or energy to which

the guarantee of origin relates was produced; and

(e) a list of those guarantees of origin which have been

revoked in terms of regulation 8 including the date when such

have been revoked.

(2) The Regulator shall, when issuing guarantees of origin,

allocate a unique reference number to each.

(3) The register shall be conclusive as regards whether a

guarantee of origin subsists and as to the person who is the registered

holder thereof.

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

Schedule shall be payable to the Regulator by the applicant together fees.

with his application for the issuing, replacement or transfer of a

guarantee of origin.

(2) The Regulator shall not be required to process an

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

origin unless the application fee which applies in this regard is paid.

(1) For the purposes of demonstrating to final customers Use and

the share or quantity of energy from renewable sources in an energy cancellation

guarantee of

supplier’s energy mix and in the energy supplied to consumers under origin.

contracts marketed with reference to the consumption of energy from

renewable sources, a guarantee of origin shall be valid for twelve (12)

months after the production of the relevant energy unit.

(2) All guarantees of origin issued in terms of these regulations

for energy from renewable energy sources that have not been

cancelled, expire at the latest eighteen (18) months after the production

of the energy unit.

(3) Expired guarantees of origin for energy from renewable

energy sources shall be included by the Regulator in the calculation of

Malta’s residual energy mix.

(4) Where an electricity supplier is required to demonstrate the

share or quantity of energy from renewable sources in its energy mix

for the purposes of item 5 of the First Schedule to the Electricity S.L. 545. 34.

Regulations, it shall do so by using guarantees of origin, except

(a) as regards the share of its energy mix corresponding

to non-tracked commercial offers, if any, for which the supplier

may use the residual mix; or

(b) where no guarantee of origin is issued by the

Regulator as provided in regulation 12.

(5) In making their disclosures regarding their energy mix,

suppliers may also make use of guarantees of origin to demonstrate the

quantity of electricity produced from high-efficiency cogeneration.

(6) Suppliers shall use the information contained in guarantees

of origin to demonstrate compliance with the requirements of any

Union-wide green label adopted with a view to promoting the use of

renewable energy coming from new installations.

(7) For the purposes of disclosure referred to in sub-regulations

(4) to (6), energy companies shall cancel guarantees of origin at the

latest six (6) months after the end of the validity of the guarantee of

origin.

The Regulator shall not issue any guarantee of origin to a

producer of energy from renewable energy sources that receives

financial support from a support scheme.

The Guarantees of Origin of Electricity from High

Efficiency Cogeneration and Electricity, Heating and, or Cooling from

Renewable Energy Sources Regulations are hereby repealed.