Consequential amendments to other legislation

L.N. 93 of 2026

REGULATOR FOR ENERGY AND WATER SERVICES ACT

(CAP. 545)

Promotion of Energy from Renewable Sources Regulations, 2026

(1) The title of these regulations is the Promotion of Citation and

scope.

Energy from Renewable Sources Regulations, 2026.

(2)

The scope of these regulations is to

(a) 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);

(b) partially transpose Article 1(1), and transpose

Articles 1(2) to (18), Annex I (2) to (4) and Annex I (7) and (8)

of Directive (EU) 2023/2413 of the European Parliament and of

the Council of 18 October 2023 amending Directive (EU) 2018/

2001, Regulation (EU) 2018/1999 and Directive 98/70/EC as

regards the promotion of energy from renewable sources, and

repealing Council Directive (EU) 2015/652;

(c) transpose Article 1 of Directive (EU) 2024/1711 of

the European Parliament and of the Council of 13 June 2024

amending Directives (EU) 2018/2001 and (EU) 2019/944 as

regards improving the Union’s electricity market design; and

(d) transpose Commission Delegated Directive (EU)

2024/1405 of 14 March 2024 amending Annex IX to Directive

(EU) 2018/2001 of the European Parliament and of the Council

as regards adding feedstock for the production of biofuels and

biogas.

(regulation 6)

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

𝑁

𝑄 𝑖

𝑄 𝑁(𝑛𝑜𝑟𝑚) = 𝐶 𝑁 × [ ∑

] /15

𝐶 𝑖

𝑖=𝑁−14

= reference year;

Q N(norm) = normalised electricity generated by all hydropower plants in year N, for

accounting purposes;

= the quantity of electricity actually generated in year i by all hydropower plants

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 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

∑ 𝑁

𝐶 𝑁 + 𝐶 𝑁−1

𝑖=𝑁−𝑛 𝑄 𝑖

𝑄 𝑁(𝑛𝑜𝑟𝑚) =

×

𝐶 𝑗 + 𝐶 𝑗−1

∑ 𝑁

𝑗=𝑁−𝑛

= reference year;

= normalised electricity generated by all onshore wind power plants in year

N, for accounting purposes;

= the quantity of electricity actually generated in year i by all onshore wind

power plants measured in GWh;

= the total installed capacity of all the onshore wind power plants 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, whichever is lower.

The following rule shall be applied for the purposes of accounting for electricity generated

from offshore wind power

∑ 𝑁

𝐶 𝑁 + 𝐶 𝑁−1

𝑖=𝑁−𝑛 𝑄 𝑖

𝑄 𝑁(𝑛𝑜𝑟𝑚) =

×

𝐶 𝑗 + 𝐶 𝑗−1

∑ 𝑁

𝑗=𝑁−𝑛

= reference year;

Q N(norm) = normalised electricity generated by all offshore wind power plants in year N, for

accounting purposes;

= the quantity of electricity actually generated in year i by all offshore wind power

plants measured in GWh;

= the total installed capacity of all the offshore wind power plants 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, whichever is lower.

(1)

In these regulations, unless the context otherwise

requires

"Act" means the Regulator for Energy and Water Services

Act;

"advanced biofuels" means biofuels which are produced

from the feedstock listed in Part A of the Fourth 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;

"bidding zone" means a bidding zone as defined in point

(65) of Article 2 of Regulation (EU) 2019/943 of the European

Parliament and of the Council of 5 June 2019 on the internal

market for electricity (recast);

"bi-directional recharging" means bi-directional recharging

as defined in point (11) of Article 2 of Regulation (EU) 2023/

1804 of the European Parliament and of the Council of 13

September 2023 on the deployment of alternative fuels

infrastructure, and repealing Directive 2014/94/EU;

"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 Cap. 623.

Authority established by article 5 of the Building and

Construction Authority Act;

"co-located energy storage" means an energy storage

facility combined with a facility producing renewable energy and

connected to the same grid access point;

"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);

"Directive (EU) 2019/944" means 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);

"distribution system operator" shall have the same meaning

as assigned to it in the Electricity Regulations with respect to S.L. 545.34.

electricity and with respect to natural gas it shall have the same

meaning as assigned to it in the Natural Gas Market Regulations S.L. 545.12.

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 it in the Energy Efficiency Regulations;

"electricity markets" shall have the same meaning as

assigned to it in the Electricity Regulations;

"electric vehicle battery" means an electric vehicle battery

as defined in point (14) of Article 3(1) of Regulation (EU) 2023/

1542 of the European Parliament and of the Council of 12 July

2023 concerning batteries and waste batteries, amending

Directive 2008/98/EC and Regulation (EU) 2019/1020 and

repealing Directive 2006/66/EC;

"energy efficiency first principle" means energy efficiency

first as defined in point (18) of Article 2 of 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;

"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, osmotic energy, ambient energy, tide, wave and other

ocean energy, hydropower, biomass, landfill gas, sewage

treatment plant gas, and biogas;

"energy performance certificate (EPC)" shall have the

same meaning as assigned to it in the Energy Performance of

Buildings Regulations;

"European Commission" or "Commission" shall have the

same meaning as assigned to it in the Treaty;

"European Union (EU)" or "Union" shall have the same

meaning as assigned to it in the Treaty;

"financial instrument" means a financial instrument as

defined in point (3) of Article 2 of Regulation (EU, Euratom)

2024/2509 of the European Parliament and of the Council of 23

September 2024 on the financial rules applicable to the general

budget of the Union (recast);

"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 and

heat production, and losses of electricity and heat in

distribution and transmission;

"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 source;

"high-efficiency cogeneration" shall have the same

meaning as assigned to it in the Energy Efficiency Regulations; S.L.

"industrial grade roundwood" means saw logs, veneer logs,

round or split pulpwood, as well as all other roundwood that is

suitable for industrial purposes, excluding roundwood the

characteristics of which, such as species, dimensions, rectitude

and node density, make it unsuitable for industrial use as may be

defined and duly justified according to the relevant forest and

market conditions;

"industry" means undertakings and products that fall under

sections B, C, and F and under division (63) of section J of the

statistical classification of economic activities (NACE REV.2),

as set out in Regulation (EC) No 1893/2006 of the European

Parliament and of the Council of 20 December 2006 establishing

the statistical classification of economic activities NACE

Revision 2 and amending Council Regulation (EEC) no 3037/90

as well as certain EC Regulations on specific statistical domains;

"innovative renewable energy technology" means

renewable energy generation technology that improves, in at

least one way, comparable state-of-the-art renewable energy

technology, or that renders exploitable renewable energy

technology that is not fully commercialised or that involves a

clear degree of risk;

"jointly acting renewables self-consumers" means a group

of at least two (2) 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 Biomass Fuels

(Sustainability Criteria) Regulations;

"market participant" means a market participant as defined

in point (25) of Article 2 of Regulation (EU) 2019/943 of the

European Parliament and of the Council of 5 June 2019 on the

internal market for electricity;

"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,

provided that for the purposes of those provisions in these

regulations which regulate planning matters, it shall mean the

Minister responsible for energy in consultation with the Minister

responsible for the Planning Authority;

"National Energy and Climate Plan" means the plan

referred to in article 7 of the Climate Action Act;

"non-energy purpose" means the use of fuels as raw

materials in an industrial process, rather than to produce 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;

"normal power recharging point" means a normal power

recharging point as defined in point (37) of Article 2 of

Regulation (EU) 2023/1804 of the European Parliament and of

the Council of 13 September 2023 on the deployment of

alternative fuels infrastructure, and repealing Directive 2014/94/

EU;

"osmotic energy" means energy created from the difference

in salt concentration between two fluids, such as fresh water and

salt water;

"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

Provided that 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;

"recharging point" means a recharging point as defined in

point (48) of Article 2 of Regulation (EU) 2023/1804 of the

European Parliament and of the Council of 13 September 2023

on the deployment of alternative fuels infrastructure, and

repealing Directive 2014/94/EU;

"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;

"Regulation (EU) 2019/943" means Regulation (EU) 2019/

943 of the European Parliament and of the Council of 5 June

2019 on the internal market for electricity (recast);

"Regulation (EU) 2023/1804" means Regulation (EU)

2023/1804 of the European Parliament and of the Council of 13

September 2023 on the deployment of alternative fuels

infrastructure, and repealing Directive 2014/94/EU;

"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, licences, permits or rules may directly

impact, or relate to any activity which may impact the

achievement of the objectives laid down by these regulations

Provided that for the purpose of Part V, the

responsible relevant permitting authorities shall include but not

be limited to

(a) the Planning Authority established in

accordance with article 5 of the Development Planning Act, Cap. 552.

which shall be responsible to fulfil its obligations under the

said Act; and

(b) the Regulator for Energy and Water Services

established in accordance with article 3 of the Regulator for Cap. 545.

Energy and Water Services Act, which shall be responsible

to fulfil its obligations under the said Act;

"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

the said legal entity;

(b) the shareholders or members of which are

natural persons, SME’s or local authorities, including

municipalities; and

(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 energy purchase agreement" means a contract

under which a natural or legal person agrees to purchase

renewable energy directly from a producer, which encompasses,

but is not limited to, renewables power purchase agreements and

renewables heating and cooling purchase agreements;

"renewable fuels" means biofuels, bioliquids, biomass fuels

and renewable fuels of non-biological origin;

"renewable fuels of non-biological origin" means liquid

and gaseous fuels the energy content of which is derived from

renewable sources other than biomass;

"renewables acceleration area" means a specific location or

area, whether on land, sea or inland waters, which is designated

as particularly suitable for the installation of renewable energy

plants;

"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,

such 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 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;

"scheduled buildings" shall have the same meaning as

assigned to it in the Development Planning Act;

"SME" means a micro, small or medium-sized enterprise as

defined in Article 2 of the Annex to Commission

Recommendation 2003/361/EC;

"smart metering system" shall have the same meaning as

assigned to it in the Electricity Regulations;

"smart recharging" means a recharging operation in which

the intensity of electricity delivered to the battery is adjusted

dynamically, on the basis of information received through

electronic communication;

"solar-electric vehicle" means a motor vehicle equipped

with a powertrain containing only non-peripheral electric

machines as energy converter, with an electric rechargeable

energy storage system which can be recharged externally, and

with vehicle-integrated photovoltaic panels;

"solar energy equipment" means equipment that converts

energy from the sun into thermal or electrical energy, in

particular solar thermal and solar photovoltaic equipment;

"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;

"Strategic Plan for Environment and Development" means

the plan referred to in article 51 of the Environment and Cap. 504.

Development Planning Act;

"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 such

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;

"system efficiency" means the selection of energy-efficient

solutions where they also enable a cost-effective decarbonisation

pathway, additional flexibility and the efficient use of resources;

"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 it in

the European Union Act;

"TFEU" means the Treaty on the Functioning of the

European Union;

"Union database" means the database established by the

Commission to enable the tracing of liquid and gaseous

renewable fuels and recycled carbon fuels;

"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 a by-product of 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.

(2) Unless the context otherwise requires, words and phrases

used in these regulations which are not defined in these regulations

shall have the same meaning as assigned to them in the Act.

PART II

Targets and Calculation of the Share of Energy from Renewable

Sources in Specific Sectors

(regulation 7)

ACCOUNTING OF RENEWABLE ENERGY

USED FOR HEATING AND COOLING

PART A: ACCOUNTING OF RENEWABLE ENERGY FROM HEAT PUMPS USED

FOR HEATING

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 = Q usable * (1 – 1/SPF)

RES

Where

— Q usable

= the estimated total usable heat delivered by heat pumps fulfilling the

criteria referred to in regulation 7, implemented as follows: Only heat

pumps for which SPF > 1.15 * 1/η shall be taken into account,

—

SPF

= the estimated average seasonal performance factor for those heat pumps,

—

Η

= the ratio between total gross 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.

PART B: ACCOUNTING OF RENEWABLE ENERGY USED FOR COOLING

Section 1

DEFINITIONS

When calculating renewable energy used for cooling the following definitions shall apply

(1) “cooling” means the extraction of heat from an enclosed or indoor space (comfort

application) or from a process in order to reduce the space or process temperature to, or

maintain it at, a specified temperature (set point); for cooling systems, the extracted heat is

rejected into and absorbed by the ambient air, ambient water or the ground, where the

environment (air, ground, and water) provides a sink for the heat extracted and thus functions

as a cold source;

(2) “cooling system” means an assembly of components consisting of a heat extraction system,

one or several cooling devices and a heat rejection system, complemented in the case of active

cooling with a cooling medium in the form of fluid that work together to generate a specified

heat transfer and, thus, ensures a required temperature;

(a) for space cooling, the cooling system can be either a free cooling system or a cooling system

embedding a cooling generator, and for which cooling is one of the primary functions;

(b) for process cooling, the cooling system is embedding a cooling generator, and for which

cooling is one of the primary functions;

(3) “free cooling” means a cooling system using a natural cold source to extract heat from the

space or process to be cooled via fluid(s) transportation with pump(s) and/or fan(s) and which

does not require the use of a cooling generator;

(4) “cooling generator” means the part of a cooling system that generates a temperature

difference allowing heat extraction from the space or process to be cooled, using a vapour

compression cycle, a sorption cycle or driven by another thermodynamic cycle, used when the

cold source is unavailable or insufficient;

(5) “active cooling” means the removal of heat from a space or process, for which an energy

input is needed to meet the cooling demand, used when the natural flow of energy is unavailable

or insufficient and can occur with or without a cooling generator;

(6) “passive cooling” means the removal of heat by the natural flow of energy through

conduction, convection, radiation or mass transfer without the need for moving a cooling fluid

to extract and reject heat or to generate a lower temperature with a cooling generator, including

decreasing the need for cooling by building design features such as building insulation, green

roof, vegetal wall, shading or increased building mass, by ventilation or by using comfort fans;

(7) “ventilation” means the natural or forced movement of air to introduce ambient air inside a

space with the aim to ensure appropriate indoor air quality, including temperature;

(8) “comfort fan” means a product that includes a fan and electric motor assembly to move air

and provide summer comfort by increasing the air speed around human body giving a thermal

feeling of coolness;

(9) “renewable energy quantity for cooling” means the cooling supply that has been generated

with a specified energy efficiency expressed as a Seasonal Performance Factor calculated in

primary energy;

(10) “heat sink” or “cold source” means an external natural sink into which the heat extracted

from the space or process is transferred; it can be ambient air, ambient water in the form of

natural or artificial water bodies and geothermal formations beneath the surface of solid earth;

(11) “heat extraction system” means a device that removes heat from the space or process to

be cooled, such as an evaporator in a vapour compression cycle;

(12) “cooling device” means a device designed to perform active cooling;

(13) “heat rejection system” means the device where the final heat transfer from the cooling

medium to the heat sink occurs, such as the air-to-refrigerant condenser in an air-cooled vapour

compression cycle;

(14) “energy input” means the energy needed to transport the fluid (free cooling), or the energy

needed to transport the fluid and to drive the cooling generator (active cooling with a cooling

generator);

(15) “district cooling” means the distribution of thermal energy in the form of chilled liquids,

from central or decentralised sources of production through a network to multiple buildings or

sites, for the use of space or process cooling;

(16) “primary seasonal performance factor” means a metric of the primary energy conversion

efficiency of the cooling system;

(17) “equivalent full load hours” means the number of hours a cooling system runs with full

load to produce the amount of cooling that it actually produces during a year but at varying

loads;

(18) “Cooling Degree Days” means the climate values computed with a base of eighteen

degrees Celsius (18 °C) used as input to determine equivalent full load hours.

Section 2

SCOPE

1. When calculating the amount of renewable energy used for cooling, active cooling, including

district cooling, regardless of whether it is free cooling or a cooling generator is used shall be

counted.

2. The following shall not be counted

(a) passive cooling, although where ventilation air is used as a heat transport medium for

cooling, the corresponding cooling supply, which can be supplied either by a cooling generator

or by free cooling is part of renewable cooling calculation.

(b) the following technologies or processes of cooling

(i) cooling in means of transportation (Note 1);

(ii) cooling systems whose primary function is to produce or store perishable materials at

specified temperatures (refrigeration and freezing);

(iii) cooling systems with space or process cooling temperature set points lower than two

degrees Celsius (2 °C);

(iv) cooling systems with space or process cooling temperature set points above thirty degrees

Celsius (30 °C);

(v) cooling of waste heat resulting from energy generation, industrial processes and the tertiary

sector (waste heat) (Note 2).

(c) energy used for cooling in power generation plants; cement, iron and steel manufacturing;

wastewater treatment plants; information technology facilities (such as data centres); power

transmission and distribution facilities; and transportation infrastructures.

More categories of cooling systems may be excluded from the calculation of the renewable

energy used for cooling in order to preserve natural cold sources in specific geographic areas

for environmental protection reasons. Examples are the protection of rivers or lakes from the

risk of overheating.

Section 3

METHODOLOGY FOR ACCOUNTING OF RENEWABLE ENERGY FOR

INDIVIDUAL AND DISTRICT COOLING

Only cooling systems operating above the minimum efficiency requirement expressed as

primary Seasonal Performance Factor (SPF p ) in Section 3.2, second paragraph shall be

considered to produce renewable energy.

3.1. Renewable energy quantity for cooling

The renewable energy quantity for cooling ( E RES-C ) shall be calculated with the following

formula

where

is the amount of heat released to the ambient air, ambient water or to the ground by

the cooling system (Note 3);

E INPUT is the energy consumption of the cooling system, including energy consumption of the

auxiliary systems for measured systems, such as district cooling;

is the cooling energy supplied by the cooling system (Note 4);

is defined at cooling system level as the share of the cooling supply that can be

considered as renewable according to the SPF requirements, expressed as a percentage. The

SPF is established without accounting for distribution losses. For district cooling, this means

that the SPF is established per cooling generator, or at free cooling system level. For cooling

systems where standard SPF can apply, the F(1) and F(2) coefficients according to Commission

Regulation (EU) 2016/2281 (Note 5) and the linked Commission Communication (Note 6) are

not used as correction factors.

For 100 % renewable heat driven cooling (absorption and adsorption) the cooling delivered

should be considered fully renewable.

The calculation steps needed for

and

are explained in Sections 3.2 to 3.4.

3.2. Calculation of the share of Seasonal Performance Factor that qualifies as

renewable energy –

S SPF is the share of cooling supply that can be counted as renewable. The

increases with

increasing SPF p values. The SPF p (Note 7) is defined as described in Commission Regulation

(EU) 2016/2281 and Commission Regulation (EU) No 206/2012 (Note 8), except that the

default primary energy factor for electricity has been updated to 2.1 in Directive 2012/27/EU

(as amended by Directive (EU) 2018/2002 (Note 9)) of the European Parliament and of the

Council. Boundary conditions from the EN14511 standard shall be used.

The minimum efficiency requirement of the cooling system expressed in primary seasonal

performance factor shall be at least 1.4 (SPFp LOW ). For

to be 100 % the minimum

efficiency requirement of the cooling system shall be at least 6 (SPFp HIGH ). For all the other

cooling systems the following calculation shall be applied

SPFp is the efficiency of the cooling system expressed as primary seasonal performance factor;

is the minimum seasonal performance factor expressed in primary energy and

based upon the efficiency of standard cooling systems (minimum eco-design requirements);

is the upper threshold for seasonal performance factor expressed in primary

energy and based on best practices for free cooling used in district cooling (Note 10).

3.3. Calculation of renewable energy quantity for cooling using standard and

measured SPF p

Standard and measured SPF

Standardised SPF values are available for electric vapour compression cooling generators and

combustion engine vapour compression cooling generator due to the Ecodesign requirements

in Regulation (EU) No 206/2012 and (EU) No 2016/2281. Values are available for these

cooling generators up to 2 MW for comfort cooling and up to 1.5 MW for process cooling. For

other technologies and capacity scales standard values are not available. As regards district

cooling, standard values are not available but measurements are used and available; these allow

to compute SPF values at least on a yearly basis.

To calculate the quantity of renewable cooling, standard SPF values may be used where

available. Where standard values are not available or measurement is standard practice,

measured SPF values shall be used, separated by cooling capacity thresholds. For cooling

generators with a cooling capacity below 1.5 MW, standard SPF can be used, while measured

SPF shall be used for district cooling, for cooling generators with cooling capacities higher

than or equal to 1.5 MW and cooling generators for which standard values are not available.

In addition, for all cooling systems without standard SPF, which includes all free cooling

solutions and heat activated cooling generators, a measured SPF shall be established in order

to take advantage of the calculation methodology for renewable cooling.

Definition of standard SPF values

SPF values are expressed in terms of primary energy efficiency calculated using primary

energy factors following Regulation (EU) 2016/2281 to determine the space cooling efficiency

for the different types of cooling generators (Note 11). The primary energy factor in Regulation

(EU) 2016/2281 shall be calculated as 1/η, where η is the average ratio of total gross production

of electricity to the primary energy consumption for electricity production in the whole EU.

With the amendment of the default primary energy factor for electricity, called coefficient in

point (1) of the Annex to Directive (EU) 2018/2002 amending footnote (3) in Annex IV of

Directive 2012/27/EU, the primary energy factor of 2.5 in Regulation (EU) 2016/2281 shall be

replaced by 2.1 when calculating the SPF values.

When primary energy carriers, such as heat or gas are used as energy input to drive the cooling

generator, the default primary energy factor (1/η) is 1, reflecting the lack of energy

transformation η = 1.

The standard operating conditions and the other parameters necessary for the determination of

the SPF are defined in Regulation (EU) 2016/2281 and Regulation (EU) No 206/2012,

depending on the cooling generator category. Boundary conditions are the ones defined in the

EN14511 standard.

For reversible cooling generators (reversible heat pumps), which are excluded from the scope

of Regulation (EU) 2016/2281 because their heating function is covered by Commission

Regulation (EU) No 813/2013 (Note 12) with regard to Ecodesign requirements for space

heaters and combination heaters, the same SPF calculation that is defined for similar non

reversible cooling generators in Regulation (EU) 2016/2281 shall be used.

For instance, for electric vapour compression cooling generators, the SPF p shall be defined as

follows (the index p is used to clarify that the SPF is defined in terms of primary energy)

For space cooling

For process cooling

Where

-

SEER and SEPR are seasonal performance factors (Note 13) (SEER stands for

‘Seasonal Energy Efficiency Ratio’, SEPR stands for ‘Seasonal Energy Performance

Ratio’) in final energy defined according to Regulation (EU) 2016/2281 and Regulation

(EU) No 206/2012;

-

η is the average ratio of total gross production of electricity to the primary energy

consumption for electricity production in the EU (η = 0.475 and 1/η = 2.1).

-

F(1) and F(2) are correction factors according to Regulation (EU) 2016/2281 and the

linked Commission Communication. These coefficients do not apply to process cooling

in Regulation (EU) 2016/2281 as the SEPR final energy metrics is directly used. In

absence of adapted values, the same values used for SEER conversion shall be used for

the SEPR conversion.

SPF boundary conditions

For defining the SPF of the cooling generator, the SPF boundary conditions defined in

Regulation (EU) No 2281/2016 and in Regulation (EU) No 206/2012 shall be used. In the case

of water-to-air and water-to-water cooling generators, the energy input required to make the

cold source available is included via the F(2) correction factor. The SPF boundary conditions

are shown in Figure 1. These boundary conditions shall apply for all cooling systems, either

free cooling systems or systems containing cooling generators.

These boundary conditions are similar to the ones for heat pumps (used in heating mode) in

Commission Decision 2013/114/EU (Note 14). The difference is that for heat pumps, the

electricity consumption corresponding to auxiliary power consumption (thermostat-off mode,

standby mode, off mode, crankcase heater) is not taken into account to evaluate the SPF.

However, as in the case of cooling both standard SPF values and measured SPF will be used,

and given the fact that in the measured SPF auxiliary consumption is taken into account, it is

necessary to include auxiliary power consumption in both situations.

For district cooling, distribution cold losses and distribution pump electric consumption

between the cooling plant and the customer substation shall not be included in the estimation

of the SPF.

In the case of air based cooling systems ensuring also the ventilation function, the cooling

supply due to ventilation air flow shall not be accounted. The fan power needed for the

ventilation shall also be discounted in proportion of the ratio of the ventilation air flow to the

cooling air flow.

Figure 1 Illustration of SPF boundary conditions for cooling generator using standard SPF

and district cooling (and other large cooling systems using measured SPF), where

EINPUT_AUX is the energy input to fan and/or pump and EINPUT_CG the energy input to

the cooling generator

In the case of air based cooling systems with internal cold recovery, the cooling supply due to

the cold recovery shall not be accounted. The fan power needed for the cold recovery performed

by the heat exchanger shall be discounted in proportion of the ratio of the pressure losses due

to the cold recovery heat exchanger to the total pressure losses of the air based cooling system.

3.4. Calculation using standard values

A simplified method may be used for individual cooling systems of less than 1.5 MW capacity,

for which a standard SPF value is available, to estimate the total cooling energy supplied.

Under the simplified method, the cooling energy supplied by the cooling system ( Q Csupply ) is

the nominal cooling capacity (Pc) multiplied by the number of equivalent full load

hours (EFLH). A single Cooling Degree Days (CDD) value may be used for a whole country,

or distinct values for different climate zones provided that nominal capacities and SPFs are

available for these climate zones.

The following default methods may be used to compute EFLH

-

for space cooling in the residential sector: EFLH = 96 + 0.85 * CDD

-

for space cooling in the tertiary sector: EFLH = 475 + 0.49 * CDD

for process cooling: EFLH = τ s * (7300 + 0.32 * CDD)

-

Where

τ s is an activity factor to account for the operation time of the specific processes (e.g. all year

long τ s = 1, not on weekends τ s = 5/7). There is no default value.

3.4.1. Calculation using measured values

Systems for which no standard values exist, as well as cooling systems larger than 1.5 MW

capacity and district cooling systems, shall calculate their renewable cooling based on the

following measurements

Measured energy input: The measured energy input includes all energy sources for the cooling

system, including any cooling generator, i.e. electricity, gas, heat etc. It includes also auxiliary

pumps and fans used in the cooling system but not for the distribution of cooling to a building

or a process. In case of air-based cooling with ventilation function, only the additional energy

input due to cooling shall be included in the energy input of the cooling system.

Measured cooling energy supply: The cooling energy supply shall be measured as the output

from the cooling system and subtracted any cold losses in order to estimate the net cooling

energy supply to the building or process that is the end-user of the cooling. The cold losses

include losses in a district cooling system and in the cooling distribution system in a building

or an industrial site. In case of air-based cooling with ventilation function, the cooling energy

supply shall be net of the effect of fresh air introduction for ventilation purposes.

The measurements need to be carried out for the specific year to be reported i.e. all energy

input and all cooling energy supply for the whole year.

3.4.2. District cooling: additional requirements

For district cooling systems the net cooling supply at customer level shall be accounted when

defining the net cooling supply, denoted as Q C_Supply_net Thermal losses occurring in the

distribution network ( Q c_LOSS ) shall be deducted from the gross cooling supply ( Q c_Supply_gross ) as

follows

Q C_Supply_net = Q c_Supply_gross- - Q c_LOSS

3.4.2.1. D i v i s i o n i n s u b s y s t e m s

District cooling systems can be divided in subsystems, which comprise at least one cooling

generator or free cooling system. This requires the measurement of the cooling energy supply

and of the energy input for each sub-system as well as the allocation of cold losses per sub-

system as follows

3.4.2.2. A u x i l i a r i e s

When dividing a cooling system into subsystems, the auxiliaries (e.g. controls, pumps and fans)

of the cooling generator(s) and/or free cooling system(s) shall be included in the same

subsystem(s). Auxiliary energy corresponding to cooling distribution inside the building, e.g.

secondary pumps and terminal units (e.g. fan coils, fans of air handling units) are not accounted

for.

For auxiliaries which cannot be allocated to a specific subsystem, for instance district cooling

network pumps which deliver the cooling energy supplied by all cooling generators, their

primary energy consumption shall be allocated to each cooling subsystem in the proportion of

the cooling energy supplied by the cooling generators and/or the free cooling systems of each

subsystem, in the same way as with cold losses in the network, as follows

where

E INPUT_AUX1_i is the auxiliary energy consumption of subsystem ‘I’;

E INPUT_AUX12 is the auxiliary energy consumption of the entire cooling system, which cannot be

allocated to a specific cooling subsystem.

3.5. Calculation of renewable energy quantity for cooling for the overall renewable

shares and for the heating and cooling renewable energy shares

For the calculation of the overall renewable energy shares, the renewable energy quantity for

cooling shall be added both to the numerator ‘gross final consumption of energy from

renewable sources’ and to the denominator ‘gross final consumption of energy’.

For the calculation of the heating and cooling renewable energy shares the renewable energy

quantity for cooling shall be added both to the numerator ‘gross final consumption of energy

from renewable sources for heating and cooling’ and to the denominator ‘gross final

consumption of energy for heating and cooling’.

3.6. Guidance on the development of more accurate methodologies and calculations

It is envisaged and encouraged that Member States do their own estimations for both SPF and

EFLH. Any such national/regional approaches should be based on accurate assumptions,

representative samples of sufficient size, resulting in a significantly improved estimate of

renewable energy compared to that obtained using the methodology set out in this Schedule.

Such improved methodologies may be based on detailed calculation based on technical data

taking into account, among other factors, year of installation, quality of installation, compressor

type and machine size, operation mode, distribution system, cascading of generators and the

regional climate. If alternative methodologies and/or values are used, these shall be submitted

to the Commission together with a report describing the method and data used. The

Commission will, if necessary, translate the documents and publish them on its transparency

platform.

Notes to this Schedule

(Note 1) The renewable cooling definition concerns only stationary cooling.

(Note 2) “Waste heat” is defined in regulation 2 and can be accounted for the purposes of regulations 12 and 13.

(Note 3) The quantity of cold source corresponds to the quantity of heat absorbed by ambient air, ambient water

and the ground acting as heat sinks. Ambient air and ambient water correspond to “ambient energy”, and the

ground corresponds to “geothermal energy” as defined in regulation 2.

(Note 4) From a thermodynamical point of view, cooling supply corresponds to a portion of the heat released by

a cooling system to ambient air, ambient water or to the ground, which function as a heat sink or cold source.

Ambient air and ambient water correspond to “ambient energy” and the heat sink or cold source function of the

ground corresponds to “geothermal energy” as defined regulation 2.

(Note 5) Commission Regulation (EU) 2016/2281 of 30 November 2016 implementing Directive 2009/125/EC

of the European Parliament and of the Council establishing a framework for the setting of ecodesign

requirements for energy-related products, with regard to ecodesign requirements for air heating products,

cooling products, high temperature process chillers and fan coil units (OJ L 346, 20.12.2016, p. 1).

(Note 6) https://eur-lex.europa.eu/legal-

content/EN/TXT/?uri=uriserv:OJ.C_.2017.229.01.0001.01.ENG&toc=OJ:C:2017:229:TOC

(Note 7) In case the real operating conditions of cooling generators lead to SPF values substantially lower than

planned in standard conditions because of different installation provisions, these systems may be excluded from

the scope of the renewable cooling definition (e.g. a water cooled cooling generator using a dry cooler instead of

a cooling tower to release heat to ambient air).

(Note 8) Commission Regulation (EU) No 206/2012 of 6 March 2012 implementing Directive 2009/125/EC of

the European Parliament and of the Council with regard to ecodesign requirements for air conditioners and

comfort fans (OJ L 72, 10.3.2012, p. 7).

(Note 9) Directive (EU) 2018/2002 of the European Parliament and of the Council of 11 December 2018

amending Directive 2012/27/EU on energy efficiency (OJ L 328, 21.12.2018, p. 210).

(Note 10) ENER/C1/2018-493, Renewable cooling under the revised Renewable Energy Directive, TU-Wien,

2021. (Note 11) SPF p is identical to η s,c defined in Regulation (EU) No 2016/2281.

(Note 12) Commission Regulation (EU) No 813/2013 of 2 August 2013 implementing Directive 2009/125/EC

of the European Parliament and of the Council with regard to ecodesign requirements for space heaters and

combination heaters (OJ L 239, 6.9.2013, p. 136).

(Note 13) Part 1 of the study ENER/C1/2018-493 on ‘Cooling Technologies Overview and Market Share’

provides more detailed definitions and equations for these metrics in chapter 1.5 ‘Energy efficiency metrics of

state-of-the-art cooling systems’.

(Note 14) Commission Decision of 1 March 2013 establishing the guidelines for Member States on calculating

renewable energy from heat pumps from different heat pump technologies pursuant to Article 5 of Directive

2009/28/EC of the European Parliament and of the Council (OJ L 62, 6.3.2013, p. 27).

(1) Malta’s contribution towards the realisation of the

Union’s target of forty-two point five percent (42.5%) for the share of

energy from renewable sources in the Union’s gross final consumption

of energy in 2030 shall be established in accordance with Articles 3 to

5 and 9 to 14 of Regulation (EU) 2018/1999 and published in the

Integrated National Energy and Climate Plan.

(2) The indicative target for the percentage of newly installed

renewable capacity by 2030 which shall be made up of innovative

renewable energy technology shall be five percent (5%).

(3) The Minister shall take the necessary measures to ensure

that from the 1st 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 8, 10 and 16)

ENERGY CONTENT OF FUELS

Fuel

Energy content by

Energy content by

weight

volume

(lower calorific

(lower calorific

value, MJ/kg)

value, 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

36 (of which 33 %

27 (of which 33 %

on the basis of ethanol)

from renewable

from renewable

sources)

sources)

MTBE

(methyl-tertio-butyl-ether

35 (of which 22 %

26 (of which 22 %

produced on the basis of methanol)

from renewable

from renewable

sources)

sources)

TAEE

(tertiary-amyl-ethyl-ether

38 (of which 29 %

29 (of which 29 %

produced on the basis of ethanol)

from renewable

from renewable

sources)

sources)

TAME

(tertiary-amyl-methyl-ether

36 (of which 18 %

28 (of which 18 %

produced on the basis of methanol)

from renewable

from renewable

sources)

sources)

THxEE

(tertiary-hexyl-ethyl-ether

38 (of which 25 %

30 (of which 25 %

produced 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)

NON-RENEWABLE FUELS

Petrol

Diesel

Jet fuel

Hydrogen from non-renewable sources

—

(1) The share of energy from renewable sources shall be Calculation of

calculated as the gross final consumption of energy from renewable the

energy from

sources divided by the gross final consumption of energy from all renewable

sources.

energy sources, expressed as a percentage.

(2) For the purposes of sub-regulation (1), the sum referred to

in regulation 5(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.

(3) In calculating the gross final consumption of energy for the

purposes of measuring its compliance with the targets and indicative

trajectory established 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 not more than four point

one two percent (4.12%).

(4) 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.

(regulations 14 and 16)

LIST OF FEEDSTOCKS

Part A.

Feedstocks for the production of biogas for transport and advanced biofuels

Algae if cultivated on land in ponds or photobioreactors;

(a)

(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;

Biowaste as defined in regulation (4) of the Waste Regulations from private households

(c)

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;

Straw;

(e)

Animal manure and sewage sludge;

(f)

(g) Palm oil mill effluent and empty palm fruit bunches;

(h) Tall oil pitch;

Crude glycerine;

(i)

Bagasse;

(j)

(k) Grape marcs and wine lees;

Nut shells;

(l)

(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 oil;

(p) Other non-food cellulosic material;

(q) Other ligno-cellulosic material except saw logs and veneer logs;

Fusel oils from alcoholic distillation;

(r)

Raw methanol from kraft pulping stemming from the production of wood pulp;

(s)

Intermediate crops, such as catch crops and cover crops that are grown in areas where due

(t)

to a short vegetation period the production of food and feed crops is limited to one harvest

and provided their use does not trigger demand for additional land, and provided the soil

organic matter content is maintained, where used for the production of biofuel for the

aviation sector;

(u) Crops grown on severely degraded land, except food and feed crops, where used for the

production of biofuel for the aviation sector;

(v) Cyanobacteria.

Part B.

Feedstocks for the production of biofuels and biogas for transport, the contribution of

which towards the targets referred to in regulation 14(2)(a), shall be limited

(a) Used cooking oil;

(b) Animal fats classified as categories 1 and 2 in accordance with Regulation (EC) No

1069/2009;

(c) Damaged crops that are not fit for use in the food or feed chain, excluding substances that

have been intentionally modified or contaminated in order to meet this definition;

(d) Municipal wastewater and derivatives other than sewage sludge;

(e) Crops grown on severely degraded land excluding food and feed crops and feedstocks listed

in Part A of this Schedule, where not used for the production of biofuel for the aviation

sector;

(f) Intermediate crops, such as catch crops and cover crops, and excluding feedstocks listed in

Part A of this Schedule, that are grown in areas where due to a short vegetation period the

production of food and feed crops is limited to one harvest and provided their use does not

trigger demand for additional land and provided the soil organic matter content is

maintained, where not used for the production of biofuel for the aviation sector.

(1) The gross final consumption of energy from Calculation of

the gross final

renewable sources shall be calculated as the sum of

consumption of

energy from

renewable

(a)

gross final consumption of electricity from renewable

sources.

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 and electricity 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) Energy produced from renewable fuels of non-biological

origin shall be counted in the sector, being electricity, heating and

cooling, or transport, where it is consumed.

(4) Without prejudice to sub-regulation (3), the Minister may

reach specific cooperation agreements to count all or part of the

renewable fuels of non-biological origin consumed in Malta towards

the share of gross final consumption of energy from renewable sources

in the Member State where those fuels are produced, or conversely,

where renewable fuels of non-biological origin are produced in Malta

to count all or part of such fuels consumed in another Member State

towards the share of gross final consumption of energy from

renewable sources in Malta.

(5) In order to monitor whether the same renewable fuels of

non-biological origin are counted in both the Member State where they

are produced and in the Member State where they are consumed and in

order to record the amount counted, the Minister shall notify the

Commission of any cooperation agreement as described in sub-

regulation (4) which is entered into by Malta.

(6) Any cooperation agreement as described in sub-regulation

(4) which is entered into by Malta shall include the amount of

renewable fuels of non-biological origin to be counted in total and for

each Member State, and the date on which the cooperation agreement

is to become operational.

(regulation 16)

RULES FOR CALCULATING THE GREENHOUSE GAS IMPACTS OF BIOFUELS,

OTHER BIOLIQUIDS AND THEIR FOSSIL FUEL COMPARATORS

Part A.

TYPICAL AND DEFAULT VALUES FOR BIOFUELS IF PRODUCED WITH NO NET CARBON

EMISSIONS FROM LAND-USE CHANGE

Biofuel production pathway

Greenhouse gas emissions

Greenhouse gas emissions

saving – typical value

saving – default value

sugar beet ethanol (no biogas from slop, natural

67 %

59 %

gas as process fuel in conventional boiler)

sugar beet ethanol (with biogas from slop,

77 %

73 %

natural gas as process fuel in conventional

boiler)

sugar beet ethanol (no biogas from slop, natural

73 %

68 %

gas as process fuel in CHP plant (*))

sugar beet ethanol (with biogas from slop,

79 %

76 %

natural gas as process fuel in CHP plant (*))

sugar beet ethanol (no biogas from slop, lignite

58 %

47 %

as process fuel in CHP plant (*))

sugar beet ethanol (with biogas from slop,

71 %

64 %

lignite as process fuel in CHP plant (*))

corn (maize) ethanol (natural gas as process

48 %

40 %

fuel in conventional boiler)

corn (maize) ethanol, (natural gas as process

55 %

48 %

fuel in CHP plant (*))

corn (maize) ethanol (lignite as process fuel in

40 %

28 %

CHP plant (*))

corn (maize) ethanol (forest residues as process

69 %

68 %

fuel in CHP plant (*))

other cereals excluding maize ethanol (natural

47 %

38 %

gas as process fuel in conventional boiler)

other cereals excluding maize ethanol (natural

53 %

46 %

gas as process fuel in CHP plant (*))

other cereals excluding maize ethanol (lignite

37 %

24 %

as process fuel in CHP plant (*))

other cereals excluding maize ethanol (forest

67 %

67 %

residues as process fuel in CHP plant (*))

sugar cane ethanol

70 %

70 %

the part from renewable sources of ethyl-tertio-

Equal to that of the ethanol production pathway used

butyl-ether (ETBE)

the part from renewable sources of tertiary-

Equal to that of the ethanol production pathway used

amyl-ethyl-ether (TAEE)

rape seed biodiesel

52 %

47 %

sunflower biodiesel

57 %

52 %

soybean biodiesel

55 %

50 %

palm oil biodiesel (open effluent pond)

33 %

20 %

palm oil biodiesel (process with methane

51 %

45 %

capture at oil mill)

waste cooking oil biodiesel

88 %

84 %

animal fats from rendering biodiesel (**)

84 %

78 %

hydrotreated vegetable oil from rape seed

51 %

47 %

hydrotreated vegetable oil from sunflower

58 %

54 %

hydrotreated vegetable oil from soybean

55 %

51 %

hydrotreated vegetable oil from palm oil (open

34 %

22 %

effluent pond)

hydrotreated vegetable oil from palm oil

53 %

49 %

(process with methane capture at oil mill)

hydrotreated oil from waste cooking oil

87 %

83 %

hydrotreated oil from animal fats from

83 %

77 %

rendering (**)

pure vegetable oil from rape seed

59 %

57 %

pure vegetable oil from sunflower

65 %

64 %

pure vegetable oil from soybean

63 %

61 %

pure vegetable oil from palm oil (open effluent

40 %

30 %

pond)

pure vegetable oil from palm oil (process with

59 %

57 %

methane capture at oil mill)

pure oil from waste cooking oil

98 %

98 %

(*) Default values for processes using CHP are valid only if all the process heat is supplied by CHP.

(**) Applies only to biofuels produced from animal by-products classified as category 1 and 2 material in

accordance with Regulation (EC) No 1069/2009 of the European Parliament and of the Council ( 1 ), for which

emissions related to hygenisation as part of the rendering are not considered.

( 1 )

Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down

health rules as regards animal by-products and derived products not intended for human consumption and

repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1).

Part B.

ESTIMATED TYPICAL AND DEFAULT VALUES FOR FUTURE BIOFUELS THAT WERE NOT ON THE

MARKET OR WERE ON THE MARKET ONLY IN NEGLIGIBLE QUANTITIES IN 2016, IF PRODUCED

WITH NO NET CARBON EMISSIONS FROM LAND-USE CHANGE

Biofuel production pathway

Greenhouse gas emissions Greenhouse gas emissions

saving - typical value

saving - default value

wheat straw ethanol

85 %

83 %

waste wood Fischer-Tropsch diesel in free-

83 %

83 %

standing plant

farmed wood Fischer-Tropsch diesel in free-

82 %

82 %

standing plant

waste wood Fischer-Tropsch petrol in free-

83 %

83 %

standing plant

farmed wood Fischer-Tropsch petrol in free-

82 %

82 %

standing plant

waste wood dimethylether (DME) in free-

84 %

84 %

standing plant

farmed wood dimethylether (DME) in free-

83 %

83 %

standing plant

waste wood methanol in free-standing plant

84 %

84 %

farmed wood methanol in free-standing

83 %

83 %

plant

Fischer-Tropsch diesel from black-liquor

89 %

89 %

gasification integrated with pulp mill

Fischer-Tropsch petrol from black-liquor

89 %

89 %

gasification integrated with pulp mill

dimethylether (DME) from black-liquor

89 %

89 %

gasification integrated with pulp mill

Methanol from black-liquor gasification

89 %

89 %

integrated with pulp mill

the part from renewable sources of methyl-

Equal to that of the methanol production pathway used

tertio-butyl-ether (MTBE)

Part C.

METHODOLOGY

1. Greenhouse gas emissions from the production and use of transport fuels, biofuels and bioliquids shall be

calculated as follows

(a)

greenhouse gas emissions from the production and use of biofuels shall be calculated as

E = e ec + e l + e p + e td + e u – e sca – e ccs – e ccr ,

where

E = total emissions from the use of the fuel;

e ec = emissions from the extraction or cultivation of raw materials;

e l = annualised emissions from carbon stock changes caused by land-use change;

e p = emissions from processing;

e td = emissions from transport and distribution;

e u = emissions from the fuel in use;

e sca = emission savings from soil carbon accumulation via improved agricultural management;

e ccs = emission savings from CO 2 capture and geological storage; and

e ccr = emission savings from CO 2 capture and replacement.

Emissions from the manufacture of machinery and equipment shall not be taken into account.

(b) Greenhouse gas emissions from the production and use of bioliquids shall be calculated as for biofuels

(E), but with the extension necessary for including the energy conversion to electricity and/or heat and

cooling produced, as follows

(i)

For energy installations delivering only heat

𝐸

𝐸𝐶 ℎ =

η ℎ

(ii)

For energy installations delivering only electricity

𝐸

𝐸𝐶 𝑒𝑙 =

η 𝑒𝑙

Where

EC h,el = Total greenhouse gas emissions from the final energy commodity.

E = Total greenhouse gas emissions of the bioliquid before end-conversion

η el = The electrical efficiency, defined as the annual electricity produced divided by the annual bioliquid input

based on its energy content

η h = The heat efficiency, defined as the annual useful heat output divided by the annual bioliquid input based on

its energy content.

(iii)

For the electricity or mechanical energy coming from energy installations delivering

useful heat together with electricity and/or mechanical energy

𝐸

𝐶 𝑒𝑙 . η 𝑒𝑙

𝐸𝐶 𝑒𝑙 =

(

)

(iv)

For the useful heat coming from energy installations delivering heat together with

electricity and/or mechanical energy

𝐸

𝐸𝐶 ℎ =

(

)

where

EC h,el

= Total greenhouse gas emissions from the final energy commodity.

E = Total greenhouse gas emissions of the bioliquid before end-conversion.

η el = The electrical efficiency, defined as the annual electricity produced divided by the annual fuel input based on

its energy content.

η h = The heat efficiency, defined as the annual useful heat output divided by the annual fuel input based on its

energy content.

C el = Fraction of exergy in the electricity, and/or mechanical energy, set to 100 % (C el = 1).

C h = Carnot efficiency (fraction of exergy in the useful heat).

The Carnot efficiency, C h , for useful heat at different temperatures is defined as

𝐶 ℎ =

𝑇 ℎ

where

T h = Temperature, measured in absolute temperature (kelvin) of the useful heat at point of delivery.

T 0 = Temperature of surroundings, set at 273.15 kelvin (equal to 0 °C)

If the excess heat is exported for heating of buildings, at a temperature below 150 °C (423.15 kelvin), C h can

alternatively be defined as follows

C h = Carnot efficiency in heat at 150 °C (423.15 kelvin), which is: 0.3546

For the purposes of that calculation, the following definitions apply

(a) ‘cogeneration’ means the simultaneous generation in one process of thermal energy and electricity and/or

mechanical energy;

(b) ‘useful heat’ means heat generated to satisfy an economical justifiable demand for heat, for heating and cooling

purposes;

(c) ‘economically justifiable demand’ means the demand that does not exceed the needs for heat or cooling and

which would otherwise be satisfied at market conditions.

2. Greenhouse gas emissions from biofuels and bioliquids shall be expressed as follows

(a) greenhouse gas emissions from biofuels, E, shall be expressed in terms of grams of CO 2 equivalent

per MJ of fuel, g CO 2 eq/MJ.

(b) greenhouse gas emissions from bioliquids, EC, in terms of grams of CO 2 equivalent per MJ of final

energy commodity (heat or electricity), g CO 2 eq/MJ.

When heating and cooling are co-generated with electricity, emissions shall be allocated between heat and

electricity (as under 1(b)), irrespective if the heat is used for actual heating purposes or for cooling ( Note 1 ).

Where the greenhouse gas emissions from the extraction or cultivation of raw materials e ec are expressed in unit g

CO 2 eq/dry-ton of feedstock, the conversion to grams of CO 2 equivalent per MJ of fuel, g CO 2 eq/MJ, shall be

calculated as follows ( Note 2 )

𝑔𝐶𝑂 2 𝑒𝑞

𝑒 𝑒𝑐 𝑓𝑒𝑒𝑑𝑠𝑡𝑜𝑐𝑘 a [

]

𝑡 𝑑𝑟𝑦

𝑔𝐶𝑂 2 𝑒𝑞

𝑒 𝑒𝑐 𝑓𝑢𝑒𝑙 a [

] =

× 𝐹𝑢𝑒𝑙 𝑓𝑒𝑒𝑑𝑠𝑡𝑜𝑐𝑘 𝑓𝑎𝑐𝑡𝑜𝑟 a × 𝐴𝑙𝑙𝑜𝑐𝑎𝑡𝑖𝑜𝑛 𝑓𝑎𝑐𝑡𝑜𝑟 𝑓𝑢𝑒𝑙 a

𝑀𝐽 𝑓𝑒𝑒𝑑𝑠𝑡𝑜𝑐𝑘

𝑀𝐽𝑓𝑢𝑒𝑙 𝑒𝑐

𝐿𝐻𝑉 a [

]

𝑡 𝑑𝑟𝑦 𝑓𝑒𝑒𝑑𝑠𝑡𝑜𝑐𝑘

where

𝐸𝑛𝑒𝑟𝑔𝑦 𝑖𝑛 𝑓𝑢𝑒𝑙

𝐴𝑙𝑙𝑜𝑐𝑎𝑡𝑜𝑟 𝑓𝑎𝑐𝑡𝑜𝑟 𝑓𝑢𝑒𝑙 a = [

]

𝐸𝑛𝑒𝑟𝑔𝑦 𝑓𝑢𝑒𝑙 + 𝐸𝑛𝑒𝑟𝑔𝑦 𝑖𝑛 𝑐𝑜𝑝𝑟𝑜𝑑𝑢𝑐𝑡𝑠

Fuel feedstock factor a = [Ratio of MJ feedstock required to make 1MJ fuel]

Emissions per dry-ton feedstock shall be calculated as follows

𝑔𝐶𝑂 𝑒𝑞

𝑒 𝑒𝑐 𝑓𝑒𝑒𝑑𝑠𝑡𝑜𝑐𝑘 a [ 𝑡 2 ]

𝑔𝐶𝑂 2 𝑒𝑞

𝑚𝑜𝑖𝑠𝑡

𝑒 𝑒𝑐 𝑓𝑒𝑒𝑑𝑠𝑡𝑜𝑐𝑘 a [

]=

(1 − 𝑚𝑜𝑖𝑠𝑡𝑢𝑟𝑒 𝑐𝑜𝑛𝑡𝑒𝑛𝑡)

𝑡 𝑑𝑟𝑦

3. Greenhouse gas emissions savings from biofuels and bioliquids shall be calculated as follows

(a) greenhouse gas emissions savings from biofuels

SAVING = (E F(t) – E B )/E F(t) ,

where

E B = total emissions from the biofuel; and

E F(t) = total emissions from the fossil fuel comparator for transport

(b) greenhouse gas emissions savings from heat and cooling, and electricity being generated from

bioliquids

SAVING = (EC F(h&c,el) – EC B(h&c,el) )/EC F(h&c,el) ,

where

EC B(h&c,el) = total emissions from the heat or electricity; and

EC F(h&c,el) = total emissions from the fossil fuel comparator for useful heat or electricity.

4. The greenhouse gases taken into account for the purposes of item 1 shall be CO 2 , N 2 O and CH 4 . For the purposes

of calculating CO 2 equivalence, those gases shall be valued as follows

CO 2 : 1

N 2 O : 298

CH 4 : 25

5. Emissions from the extraction or cultivation of raw materials, e ec , shall include emissions from the extraction

or cultivation process itself; from the collection, drying and storage of raw materials; from waste and leakages;

and from the production of chemicals or products used in extraction or cultivation. Capture of CO 2 in the

cultivation of raw materials shall be excluded. Estimates of emissions from agriculture biomass cultivation may

be derived from the use of regional averages for cultivation emissions included in the reports referred to in

Article 31(4) of the Directive or the information on the disaggregated default values for cultivation emissions

included in this Schedule, as an alternative to using actual values. In the absence of relevant information in those

reports it is allowed to calculate averages based on local farming practises based for instance on data of a group

of farms, as an alternative to using actual values.

6. For the purposes of the calculation referred to in item 1(a), greenhouse gas emissions savings from improved

agriculture management, esca, such as shifting to reduced or zero-tillage, improved crops and crop rotation, the

use of cover crops, including crop residue management, and the use of organic soil improver, such as compost

and manure fermentation digestate, shall be taken into account only if they do not risk to negatively affect

biodiversity. Further, solid and verifiable evidence shall be provided that the soil carbon has increased or that it is

reasonable to expect to have increased over the period in which the raw materials concerned were cultivated while

taking into account the emissions where such practices lead to increased fertiliser and herbicide use. ( Note 3 ).

7. Annualised emissions from carbon stock changes caused by land-use change, e l , shall be calculated by dividing

total emissions equally over twenty (20) years. For the calculation of those emissions, the following rule shall be

applied

e l = (CS R – CS A ) × 3.664 × 1/20 × 1/P – e B , ( Note 4 )

where

e l

= annualised greenhouse gas emissions from carbon stock change due to land-use change (measured as mass

(grams) of CO 2 -equivalent per unit of biofuel or bioliquid energy (megajoules)). ‘Cropland’ ( 1 ) and

‘perennial cropland’ ( 2 ) shall be regarded as one land use;

CS R = the carbon stock per unit area associated with the reference land-use (measured as mass (tonnes) of carbon

per unit area, including both soil and vegetation). The reference land-use shall be the land-use in January

2008 or twenty (20) years before the raw material was obtained, whichever was the later;

CS A = the carbon stock per unit area associated with the actual land-use (measured as mass (tonnes) of carbon

per unit area, including both soil and vegetation). In cases where the carbon stock accumulates over more

than one year, the value attributed to CS A shall be the estimated stock per unit area after twenty (20) years

or when the crop reaches maturity, whichever the earlier;

P

= the productivity of the crop (measured as biofuel or bioliquid energy per unit area per year) and

e B

= bonus of 29 g CO 2 eq/MJ biofuel or bioliquid if biomass is obtained from restored degraded land under

the conditions laid down in item 8.

( 1 ) Cropland as defined by IPCC.

( 2 ) Perennial crops are defined as multi-annual crops, the stem of which is usually not annually harvested such

as short rotation coppice and oil palm.

8. The bonus of 29 g CO 2 eq/MJ shall be attributed if evidence is provided that the land

(a) was not in use for agriculture or any other activity in January 2008; and

(b) is severely degraded land, including such land that was formerly in agricultural use.

The bonus of 29 g CO 2 eq/MJ shall apply for a period of up to twenty (20) years from the date of conversion of

the land to agricultural use, provided that a steady increase in carbon stocks as well as a sizable reduction in

erosion phenomena for land falling under (b) are ensured.

9. ‘Severely degraded land’ means land that, for a significant period of time, has either been significantly salinated

or presented significantly low organic matter content and has been severely eroded.

10. The Commission shall review, by 31 December 2020, guidelines for the calculation of land carbon stocks ( Note

) drawing on the 2006 IPCC Guidelines for National Greenhouse Gas Inventories – volume 4 and in accordance

with Regulation (EU) No 525/2013 and Regulation (EU) 2018/841 of the European Parliament and of the

Council ( Note 6 ). The Commission guidelines shall serve as the basis for the calculation of land carbon stocks for

the purposes of the Directive.

11. Emissions from processing, e p , shall include emissions from the processing itself; from waste and leakages;

and from the production of chemicals or products used in processing including the CO 2 emissions corresponding

to the carbon contents of fossil inputs, whether or not actually combusted in the process.

In accounting for the consumption of electricity not produced within the fuel production plant, the greenhouse gas

emissions intensity of the production and distribution of that electricity shall be assumed to be equal to the average

emission intensity of the production and distribution of electricity in a defined region. By way of derogation from

this rule, producers may use an average value for an individual electricity production plant for electricity produced

by that plant, if that plant is not connected to the electricity grid.

Emissions from processing shall include emissions from drying of interim products and materials where relevant.

12. Emissions from transport and distribution, e td , shall include emissions from the transport of raw and semi-

finished materials and from the storage and distribution of finished materials. Emissions from transport and

distribution to be taken into account under item 5 shall not be covered by this item.

13. Emissions of the fuel in use, e u , shall be taken to be zero for biofuels and bioliquids.

Emissions of non-CO 2 greenhouse gases (N 2 O and CH 4 ) of the fuel in use shall be included in the e u factor for

bioliquids.

14. Emission savings from CO 2 capture and geological storage, e ccs , that have not already been accounted for in

e p , shall be limited to emissions avoided through the capture and storage of emitted CO 2 directly related to the

extraction, transport, processing and distribution of fuel if stored in compliance with Directive 2009/31/EC of the

European Parliament and of the Council ( Note 7 ).

15. Emissions savings from CO 2 capture and replacement, e ccr , shall be related directly to the production of the

biofuels or bioliquids to which they are attributed, and shall be limited to emissions avoided through the capture

of CO 2 of which the carbon originates from biomass and which is used to replace fossil-derived CO 2 in the

production of commercial products and services before 1 January 2036.

16. Where a cogeneration unit – providing heat and/or electricity to a fuel production process for which emissions

are being calculated – produces excess electricity and/or excess useful heat, the greenhouse gas emissions shall

be divided between the electricity and the useful heat according to the temperature of the heat (which reflects the

usefulness (utility) of the heat). The useful part of the heat is found by multiplying its energy content with the

Carnot efficiency, C h , calculated as follows

𝐶 ℎ =

𝑇 ℎ

where

T h = Temperature, measured in absolute temperature (kelvin) of the useful heat at point of delivery.

T 0 = Temperature of surroundings, set at 273.15 kelvin (equal to 0 °C)

If the excess heat is exported for heating of buildings, at a temperature below 150 °C (423.15 kelvin), C h can

alternatively be defined as follows

C h = Carnot efficiency in heat at 150 °C (423.15 kelvin), which is: 0.3546

For the purposes of that calculation, the actual efficiencies shall be used, defined as the annual mechanical energy,

electricity and heat produced respectively divided by the annual energy input.

For the purposes of that calculation, the following definitions apply

(a) ‘cogeneration’ shall mean the simultaneous generation in one process of thermal energy and electrical

and/or mechanical energy;

(b) ‘useful heat’ shall mean heat generated to satisfy an economical justifiable demand for heat, for

heating or cooling purposes;

(c) ‘economically justifiable demand’ shall mean the demand that does not exceed the needs for heat or

cooling and which would otherwise be satisfied at market conditions.

17. Where a fuel production process produces, in combination, the fuel for which emissions are being calculated

and one or more other products (co-products), greenhouse gas emissions shall be divided between the fuel or its

intermediate product and the co-products in proportion to their energy content (determined by lower heating value

in the case of co-products other than electricity and heat). The greenhouse gas intensity of excess useful heat or

excess electricity is the same as the greenhouse gas intensity of heat or electricity delivered to the fuel production

process and is determined from calculating the greenhouse intensity of all inputs and emissions, including the

feedstock and CH 4 and N 2 O emissions, to and from the cogeneration unit, boiler or other apparatus delivering heat

or electricity to the fuel production process. In the case of cogeneration of electricity and heat, the calculation is

performed following item 16.

18. For the purposes of the calculations referred to in item 17, the emissions to be divided shall be e ec + e l + e sca

+ those fractions of e p , e td , e ccs and e ccr that take place up to and including the process step at which a co-product

is produced. If any allocation to co-products has taken place at an earlier process step in the life-cycle, the

fraction of those emissions assigned in the last such process step to the intermediate fuel product shall be used

for those purposes instead of the total of those emissions. In the case of biofuels and bioliquids, all co-products

that do not fall under the scope of item 17 shall be taken into account for the purposes of that calculation.

Co-products that have a negative energy content shall be considered to have an energy content of zero for the

purposes of the calculation.

As a general rule, wastes and residues including all wastes and residues included in Annex IX of the Directive

shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of those

materials irrespectively of whether they are processed to interim products before being transformed into the final

product.

In the case of biomass fuels produced in refineries, other than the combination of processing plants with boilers

or cogeneration units providing heat and/or electricity to the processing plant, the unit of analysis for the

purposes of the calculation referred to in item 17 shall be the refinery.

19. For biofuels, for the purposes of the calculation referred to in item 3, the fossil fuel comparator E F(t) shall be

94 g CO 2 eq/MJ.

For bioliquids used for the production of electricity, for the purposes of the calculation referred to in item 3, the

fossil fuel comparator EC F(e) shall be 183 g CO 2 eq/MJ.

For bioliquids used for the production of useful heat, as well as for the production of heating and/or cooling, for

the purposes of the calculation referred to in item 3, the fossil fuel comparator EC F(h&c) shall be 80 g CO 2 eq/MJ.

Notes to Part C of this Schedule

(Note 1) Heat or waste heat is used to generate cooling (chilled air or water) through absorption chillers. Therefore, it is appropriate to

calculate only the emissions associated to the heat produced per MJ of heat, irrespectively if the end-use of the heat is actual heating or

cooling via absorption chillers.

(Note 2) The formula for calculating greenhouse gas emissions from the extraction or cultivation of raw materials e ec describes cases where

feedstock is converted into biofuels in one step. For more complex supply chains, adjustments are needed for calculating greenhouse gas

emissions from the extraction or cultivation of raw materials e ec for intermediate products.

(Note 3) Measurements of soil carbon can constitute such evidence, e.g. by a first measurement in advance of the cultivation and subsequent

ones at regular intervals several years apart. In such a case, before the second measurement is available, increase in soil carbon would be

estimated on the basis of representative experiments or soil models. From the second measurement onwards, the measurements would

constitute the basis for determining the existence of an increase in soil carbon and its magnitude..

(Note 4) The quotient obtained by dividing the molecular weight of CO 2 (44.010 g/mol) by the molecular weight of carbon (12.011 g/mol) is

equal to 3.664.

(Note 5) Commission Decision 2010/335/EU of 10 June 2010 on guidelines for the calculation of land carbon stocks for the purpose of

Annex V to Directive 2009/28/EC (OJ L 151, 17.6.2010, p. 19).

(Note 6) Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas

emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation

(EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).

(Note 7) Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide

and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC,

2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).

Part D.

DISAGGREGATED DEFAULT VALUES FOR BIOFUELS AND BIOLIQUIDS

Disaggregated default values for cultivation: ‘e ec ’ as defined in Part C of this Schedule, including soil N 2 O

emissions

Biofuel and bioliquid production pathway

Greenhouse gas emissions –

Greenhouse gas emissions – default

typical value

value

(g CO 2 eq/MJ)

(g CO 2 eq/MJ)

sugar beet ethanol

9.6

9.6

corn (maize) ethanol

25.5

25.5

other cereals excluding corn (maize) ethanol

27.0

27.0

sugar cane ethanol

17.1

17.1

the part from renewable sources of ETBE

Equal to that of the ethanol production pathway used

the part from renewable sources of TAEE

Equal to that of the ethanol production pathway used

rape seed biodiesel

32.0

32.0

sunflower biodiesel

26.1

26.1

soybean biodiesel

21.2

21.2

palm oil biodiesel

26.0

26.0

waste cooking oil biodiesel

animal fats from rendering biodiesel ( *1 )

hydrotreated vegetable oil from rape seed

33.4

33.4

hydrotreated vegetable oil from sunflower

26.9

26.9

hydrotreated vegetable oil from soybean

22.1

22.1

hydrotreated vegetable oil from palm oil

27.3

27.3

hydrotreated oil from waste cooking oil

hydrotreated oil from animal fats from

rendering ( *1 )

pure vegetable oil from rape seed

33.4

33.4

pure vegetable oil from sunflower

27.2

27.2

pure vegetable oil from soybean

22.2

22.2

pure vegetable oil from palm oil

27.1

27.1

pure oil from waste cooking oil

*1

( ) Applies only to biofuels produced from animal by-products classified as category 1 and 2 material in

accordance with Regulation (EC) No 1069/2009, for which emissions related to hygenisation as part of the

rendering are not considered.

Disaggregated default values for cultivation: ‘e ec ’ – for soil N 2 O emissions only (these are already included in the

disaggregated values for cultivation emissions in the ‘e ec ’ table)

Biofuel and bioliquid production pathway

Greenhouse gas emissions –

Greenhouse gas emissions – default

typical value

value

(g CO 2 eq/MJ)

(g CO 2 eq/MJ)

sugar beet ethanol

4.9

4.9

corn (maize) ethanol

13.7

13.7

other cereals excluding corn (maize) ethanol

14.1

14.1

sugar cane ethanol

2.1

2.1

the part from renewable sources of ETBE

Equal to that of the ethanol production pathway used

the part from renewable sources of TAEE

Equal to that of the ethanol production pathway used

rape seed biodiesel

17.6

17.6

sunflower biodiesel

12.2

12.2

soybean biodiesel

13.4

13.4

palm oil biodiesel

16.5

16.5

waste cooking oil biodiesel

animal fats from rendering biodiesel ( *1 )

hydrotreated vegetable oil from rape seed

18.0

18.0

hydrotreated vegetable oil from sunflower

12.5

12.5

hydrotreated vegetable oil from soybean

13.7

13.7

hydrotreated vegetable oil from palm oil

16.9

16.9

hydrotreated oil from waste cooking oil

hydrotreated oil from animal fats from

rendering ( *1 )

pure vegetable oil from rape seed

17.6

17.6

pure vegetable oil from sunflower

12.2

12.2

pure vegetable oil from soybean

13.4

13.4

pure vegetable oil from palm oil

16.5

16.5

pure oil from waste cooking oil

( *1 ) Note: applies only to biofuels produced from animal by-products classified as category 1 and 2 material in

accordance with Regulation (EC) No 1069/2009, for which emissions related to hygenisation as part of the

rendering are not considered.

Disaggregated default values for processing: ‘e p ’ as defined in Part C of this Schedule

Biofuel and bioliquid production pathway

Greenhouse gas emissions –

Greenhouse gas emissions –

typical value

default value

(g CO 2 eq/MJ)

(g CO 2 eq/MJ)

sugar beet ethanol (no biogas from slop, natural gas as

18.8

26.3

process fuel in conventional boiler)

sugar beet ethanol (with biogas from slop, natural gas as

9.7

13.6

process fuel in conventional boiler)

sugar beet ethanol (no biogas from slop, natural gas as

13.2

18.5

process fuel in CHP plant ( *1 ))

sugar beet ethanol (with biogas from slop, natural gas as

7.6

10.6

process fuel in CHP plant ( *1 ))

sugar beet ethanol (no biogas from slop, lignite as process

27.4

38.3

fuel in CHP plant ( *1 ))

sugar beet ethanol (with biogas from slop, lignite as

15.7

22.0

process fuel in CHP plant ( *1 ))

corn (maize) ethanol (natural gas as process fuel in

20.8

29.1

conventional boiler)

corn (maize) ethanol, (natural gas as process fuel in CHP

14.8

20.8

plant ( *1 ))

corn (maize) ethanol (lignite as process fuel in CHP

28.6

40.1

plant ( *1 ))

corn (maize) ethanol (forest residues as process fuel in

1.8

2.6

CHP plant ( *1 ))

other cereals excluding maize ethanol (natural gas as

21.0

29.3

process fuel in conventional boiler)

other cereals excluding maize ethanol (natural gas as

15.1

21.1

process fuel in CHP plant ( *1 ))

other cereals excluding maize ethanol (lignite as process

30.3

42.5

fuel in CHP plant ( *1 ))

other cereals excluding maize ethanol (forest residues as

1.5

2.2

process fuel in CHP plant ( *1 ))

sugar cane ethanol

1.3

1.8

the part from renewable sources of ETBE

Equal to that of the ethanol production pathway

used

the part from renewable sources of TAEE

Equal to that of the ethanol production pathway

used

rape seed biodiesel

11.7

16.3

sunflower biodiesel

11.8

16.5

soybean biodiesel

12.1

16.9

palm oil biodiesel (open effluent pond)

30.4

42.6

palm oil biodiesel (process with methane capture at oil

13.2

18.5

mill)

waste cooking oil biodiesel

9.3

13.0

animal fats from rendering biodiesel ( *2 )

13.6

19.1

hydrotreated vegetable oil from rape seed

10.7

15.0

hydrotreated vegetable oil from sunflower

10.5

14.7

hydrotreated vegetable oil from soybean

10.9

15.2

hydrotreated vegetable oil from palm oil (open effluent

27.8

38.9

pond)

hydrotreated vegetable oil from palm oil (process with

9.7

13.6

methane capture at oil mill)

hydrotreated oil from waste cooking oil

10.2

14.3

hydrotreated oil from animal fats from rendering ( *2 )

14.5

20.3

pure vegetable oil from rape seed

3.7

5.2

pure vegetable oil from sunflower

3.8

5.4

pure vegetable oil from soybean

4.2

5.9

pure vegetable oil from palm oil (open effluent pond)

22.6

31.7

pure vegetable oil from palm oil (process with methane

4.7

6.5

capture at oil mill)

pure oil from waste cooking oil

0.6

0.8

( *1 ) Default values for processes using CHP are valid only if all the process heat is supplied by CHP.

( *2 ) Note: applies only to biofuels produced from animal by-products classified as category 1 and 2 material in

accordance with Regulation (EC) No 1069/2009, for which emissions related to hygenisation as part of the

rendering are not considered.

Disaggregated default values for oil extraction only (these are already included in the disaggregated values for

processing emissions in the ‘e p ’ table)

Biofuel and bioliquid production pathway

Greenhouse gas emissions –

Greenhouse gas emissions –

typical value

default value

(g CO 2 eq/MJ)

(g CO 2 eq/MJ)

rape seed biodiesel

3.0

4.2

sunflower biodiesel

2.9

4.0

soybean biodiesel

3.2

4.4

palm oil biodiesel (open effluent pond)

20.9

29.2

palm oil biodiesel (process with methane capture at oil

3.7

5.1

mill)

waste cooking oil biodiesel

*1

animal fats from rendering biodiesel ( )

4.3

6.1

hydrotreated vegetable oil from rape seed

3.1

4.4

hydrotreated vegetable oil from sunflower

3.0

4.1

hydrotreated vegetable oil from soybean

3.3

4.6

hydrotreated vegetable oil from palm oil (open effluent

21.9

30.7

pond)

hydrotreated vegetable oil from palm oil (process with

3.8

5.4

methane capture at oil mill)

hydrotreated oil from waste cooking oil

hydrotreated oil from animal fats from rendering ( *1 )

4.3

6.0

pure vegetable oil from rape seed

3.1

4.4

pure vegetable oil from sunflower

3.0

4.2

pure vegetable oil from soybean

3.4

4.7

pure vegetable oil from palm oil (open effluent pond)

21.8

30.5

pure vegetable oil from palm oil (process with methane

3.8

5.3

capture at oil mill)

pure oil from waste cooking oil

*1

( ) Note: applies only to biofuels produced from animal by-products classified as category 1 and 2 material in

accordance with Regulation (EC) No 1069/2009, for which emissions related to hygenisation as part of the

rendering are not considered.

Disaggregated default values for transport and distribution: ‘e td ’ as defined in Part C of this Schedule

Biofuel and bioliquid production pathway

Greenhouse gas

Greenhouse gas

emissions –

emissions – default

typical value

value

(g CO 2 eq/MJ)

(g CO 2 eq/MJ)

sugar beet ethanol (no biogas from slop, natural gas as process fuel

2.3

2.3

in conventional boiler)

sugar beet ethanol (with biogas from slop, natural gas as process

fuel in conventional boiler)

sugar beet ethanol (no biogas from slop, natural gas as process fuel

in CHP plant ( *1 ))

sugar beet ethanol (with biogas from slop, natural gas as process

fuel in CHP plant ( *1 ))

sugar beet ethanol (no biogas from slop, lignite as process fuel in

CHP plant ( *1 ))

sugar beet ethanol (with biogas from slop, lignite as process fuel in

CHP plant ( *1 ))

corn (maize) ethanol (natural gas as process fuel in CHP plant ( *1 ))

corn (maize) ethanol (natural gas as process fuel in conventional

boiler)

corn (maize) ethanol (lignite as process fuel in CHP plant ( *1 ))

corn (maize) ethanol (forest residues as process fuel in CHP

plant ( *1 ))

other cereals excluding maize ethanol (natural gas as process fuel in

conventional boiler)

other cereals excluding maize ethanol (natural gas as process fuel in

CHP plant ( *1 ))

other cereals excluding maize ethanol (lignite as process fuel in

CHP plant ( *1 ))

other cereals excluding maize ethanol (forest residues as process

fuel in CHP plant ( *1 ))

sugar cane ethanol

the part from renewable sources of ETBE

the part from renewable sources of TAEE

rape seed biodiesel

sunflower biodiesel

soybean biodiesel

palm oil biodiesel (open effluent pond)

palm oil biodiesel (process with methane capture at oil mill)

waste cooking oil biodiesel

*1

animal fats from rendering biodiesel ( )

hydrotreated vegetable oil from rape seed

hydrotreated vegetable oil from sunflower

hydrotreated vegetable oil from soybean

hydrotreated vegetable oil from palm oil (open effluent pond)

hydrotreated vegetable oil from palm oil (process with methane

capture at oil mill)

hydrotreated oil from waste cooking oil

*2

hydrotreated oil from animal fats from rendering ( )

pure vegetable oil from rape seed

pure vegetable oil from sunflower

1.7

1.7

pure vegetable oil from soybean

8.8

8.8

pure vegetable oil from palm oil (open effluent pond)

6.7

6.7

pure vegetable oil from palm oil (process with methane capture at

6.7

6.7

oil mill)

pure oil from waste cooking oil

1.4

1.4

*1

( ) Default values for processes using CHP are valid only if all the process heat is supplied by CHP.

( *2 ) Note: applies only to biofuels produced from animal by-products classified as category 1 and 2 material

in accordance with Regulation (EC) No 1069/2009, for which emissions related to hygenisation as part of the

rendering are not considered.

Disaggregated default values for transport and distribution of final fuel only. These are already included in the

table of ‘transport and distribution emissions e td ’ as defined in Part C of this Schedule, but the following values

are useful if an economic operator wishes to declare actual transport emissions for crops or oil transport only).

Biofuel and bioliquid production pathway

Greenhouse gas emissions –

Greenhouse gas emissions –

typical value

default value

(g CO 2 eq/MJ)

(g CO 2 eq/MJ)

sugar beet ethanol (no biogas from slop, natural gas as

1.6

1.6

process fuel in conventional boiler)

sugar beet ethanol (with biogas from slop, natural gas

1.6

1.6

as process fuel in conventional boiler)

sugar beet ethanol (no biogas from slop, natural gas as

1.6

1.6

process fuel in CHP plant ( *1 ))

sugar beet ethanol (with biogas from slop, natural gas

1.6

1.6

as process fuel in CHP plant ( *1 ))

sugar beet ethanol (no biogas from slop, lignite as

1.6

1.6

process fuel in CHP plant ( *1 ))

sugar beet ethanol (with biogas from slop, lignite as

1.6

1.6

process fuel in CHP plant ( *1 ))

corn (maize) ethanol (natural gas as process fuel in

1.6

1.6

conventional boiler)

corn (maize) ethanol (natural gas as process fuel in CHP

1.6

1.6

plant ( *1 ))

corn (maize) ethanol (lignite as process fuel in CHP

1.6

1.6

plant ( *1 ))

corn (maize) ethanol (forest residues as process fuel in

1.6

1.6

CHP plant ( *1 ))

other cereals excluding maize ethanol (natural gas as

1.6

1.6

process fuel in conventional boiler)

other cereals excluding maize ethanol (natural gas as

1.6

1.6

process fuel in CHP plant ( *1 ))

other cereals excluding maize ethanol (lignite as

1.6

1.6

process fuel in CHP plant ( *1 ))

other cereals excluding maize ethanol (forest residues

1.6

1.6

as process fuel in CHP plant ( *1 ))

sugar cane ethanol

6.0

6.0

the part of ethyl-tertio-butyl-ether (ETBE) from

Will be considered to be equal to that of the ethanol

renewable ethanol

production pathway used

the part of tertiary-amyl-ethyl-ether (TAEE) from

Will be considered to be equal to that of the ethanol

renewable ethanol

production pathway used

rape seed biodiesel

1.3

1.3

sunflower biodiesel

1.3

1.3

soybean biodiesel

1.3

1.3

palm oil biodiesel (open effluent pond)

1.3

1.3

palm oil biodiesel (process with methane capture at oil

1.3

1.3

mill)

waste cooking oil biodiesel

1.3

1.3

animal fats from rendering biodiesel ( *2 )

1.3

1.3

hydrotreated vegetable oil from rape seed

1.2

1.2

hydrotreated vegetable oil from sunflower

1.2

1.2

hydrotreated vegetable oil from soybean

1.2

1.2

hydrotreated vegetable oil from palm oil (open effluent

1.2

1.2

pond)

hydrotreated vegetable oil from palm oil (process with

1.2

1.2

methane capture at oil mill)

hydrotreated oil from waste cooking oil

1.2

1.2

hydrotreated oil from animal fats from rendering ( *2 )

1.2

1.2

pure vegetable oil from rape seed

0.8

0.8

pure vegetable oil from sunflower

0.8

0.8

pure vegetable oil from soybean

0.8

0.8

pure vegetable oil from palm oil (open effluent pond)

0.8

0.8

pure vegetable oil from palm oil (process with methane

0.8

0.8

capture at oil mill)

pure oil from waste cooking oil

0.8

0.8

( *1 ) Default values for processes using CHP are valid only if all the process heat is supplied by CHP.

( *2 ) Note: applies only to biofuels produced from animal by-products classified as category 1 and 2 material in

accordance with Regulation (EC) No 1069/2009, for which emissions related to hygenisation as part of the

rendering are not considered.

Total for cultivation, processing, transport and distribution

Biofuel and bioliquid production pathway

Greenhouse gas emissions –

Greenhouse gas emissions –

typical value

default value

(g CO 2 eq/MJ)

(g CO 2 eq/MJ)

sugar beet ethanol (no biogas from slop, natural gas as

30.7

38.2

process fuel in conventional boiler)

sugar beet ethanol (with biogas from slop, natural gas as

21.6

25.5

process fuel in conventional boiler)

sugar beet ethanol (no biogas from slop, natural gas as

25.1

30.4

process fuel in CHP plant ( *1 ))

sugar beet ethanol (with biogas from slop, natural gas as

19.5

22.5

process fuel in CHP plant ( *1 ))

sugar beet ethanol (no biogas from slop, lignite as process

39.3

(1) For the purposes of paragraph (a) of regulation 5(1),

gross final consumption of electricity from renewable sources shall be

calculated as the quantity of electricity produced in Malta from

renewable sources, and shall include the production of electricity from

renewables self-consumers and renewable energy communities, as

well as electricity from renewable fuels of non-biological origin, but

shall exclude the production of electricity in pumped storage units

from water that has previously been pumped uphill as well as the

electricity used to produce renewable fuels of non-biological origin.

(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 such 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

established in the First Schedule.

(regulation 34)

RENEWABLES ACCELERATION AREAS

1. Areas which are identified as Principal Urban Areas, Regional Urban Settlements, Small Urban

Settlements and Enterprise Hubs within Map 2A of the 2015 Strategic Plan for Environment and

Development 1 as shown in Figure 1 are deemed to constitute renewables acceleration areas for

the purposes of regulation 34.

2. The permit-granting procedures applicable to solar photovoltaic installations in such areas shall,

without prejudice to the restrictions established in regulation 34, be subject to the timeframes

established in regulation 38.

Figure 1

https://sustainabledevelopment.gov.mt/wp-content/uploads/2021/10/Strategic-Plan-for-the-Environment-and-

Development-SPED.pdf

(1) For the purposes of paragraph (b) of regulation 5(1), Calculation of

gross final consumption of energy from renewable sources in the the

consumption of

heating and cooling sector shall be calculated as the quantity of district energy

renewable

heating and cooling produced in Malta from renewable sources, plus sources in the

the consumption of other energy from renewable sources in industry, heating

cooling sector.

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 the

calculation referred to in sub-regulation (1), 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 for the purposes of the calculation referred to in

sub-regulation (1), 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 established 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 for the purposes of the

calculation referred to in sub-regulation (1).

Consequential amendments to other legislation.

Legislation

Provision

Text that shall

Amendment

be amended

Regulator for Energy and Water

FIRST

"Promotion of

"Promotion of

Services Act - Cap. 545.

SCHEDULE Energy from

Energy from

Renewable

Renewable

Sources

Sources

Regulations,

Regulations,

(S.L. 545.35.)"

(S.L. 545.43.)"

Competitive Bidding Rules for

marginal

"S.L. 545.35."

"S.L. 545.43."

Installations Producing Electricity

note to

from Renewable Energy Sources

regulation

Regulations – S.L. 545.39

3(2) –

definition of

"renewable

energy

community"

Cleaner and More Energy-Efficient

regulation

"for which a

"for which a

Road Transport Vehicles Regulation –

2, paragraph

significant

significant

(b) of the

expansion of

expansion of

definition of

the production

the production

"clean

area into land

area into land

vehicle"

with high-

with high-

carbon stock

carbon stock

is observed in

is observed in

accordance

accordance

regulation 28

with regulation

of the

15 of the

Promotion of

Promotion of

Energy from

Energy from

Renewable

Renewable

Sources

Sources

Regulations."

Regulations. "

marginal

"S.L. 545. 35."

“S.L. 545.43."

note to

regulation 2,

paragraph

(b) of the

definition of

"clean

vehicle"

€10.35

For the purposes of paragraph (c) of regulation 5(1), the Calculation of

the final

following requirements shall apply

consumption of

energy from

renewable

(a) final consumption of energy from renewable sources

sources in the

in the transport sector shall be calculated as the sum of all

transport sector.

biofuels, biogas and renewable fuels of non-biological origin

consumed in the transport sector, which shall include renewable

fuels supplied to international marine bunkers; and

(b) for the calculation of final consumption of energy in

the transport sector, the values regarding the energy content of

transport fuels as established 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 such purpose, the

relevant International Organization for Standardisation (ISO)

standards shall be used.

dwar il-

dwar il-

Promozzjoni

Promozzjoni

ta’ Enerġija

ta’ Enerġija

minn Sorsi

minn Sorsi

Rinnovabbli

Rinnovabbl

(L.S. 545.35.)"

(L.S. 545.43)"

Regolamenti dwar Regoli għall-Offerti

nota

"L.S. 545.35."

"L.S. 545.43."

Kompetittivi għal Installazzjonijiet li

marġinali fir-

Jipproduċu l-Elettriku minn Sorsi ta’

regolament

Enerġija li Jiġġeddu – L.S. 545.39.

3(2) – tifsira

ta’ "

komunità tal-

enerġija

rinnovabbi"

Regolamenti dwar Vetturi ta’ Trasport

regolament

"li tiġi

"li tiġi

fuq it-Triq Aktar Nodfa u Effiċjenti fl-

2, paragrafu

osservata

osservata

Użu tal-Enerġija – L.S. 601.06.

(b) tat-tifsira

espansjoni

espansjoni

ta’ "vettura

sinifikanti taż-

sinifikanti taż-

nadifa"

żona ta’

żona ta’

produzzjoni li

produzzjoni li

ssir art li fuqha

ssir art li fuqha

jkun hemm

jkun hemm

ħażna kbira ta’

ħażna kbira ta’

karbonju skont

karbonju

ir-regolament

skont ir-

28 tar-

regolament 15

Regolamenti

tar-

dwar il-

Regolamenti

Promozzjoni

dwar il-

ta’ Enerġija

Promozzjoni

minn Sorsi

ta’ Enerġija

Rinnovabbli."

minn Sorsi

Rinnovabbli."

nota

"L.S. 545.35."

"L.S. 545.43."

marġinali fir-

regolament 2,

paragrafu (b)

tat-tifsira ta'

"vettura

nadifa"

(1) The indicative national share of energy from

renewable sources in the final energy consumption in the building

sector in 2030 shall refer to

(a)

renewable energy produced on-site or nearby; and

(b)

renewable energy taken from the grid.

(2) The indicative national share of energy from renewable

sources in the building sector for Malta referred to in sub-regulation

(1) shall be set in the integrated national energy and climate plans

submitted pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999

together with information on how this is to be achieved.

(3) Waste heat and cold may be counted towards the indicative

national share referred to in regulation 3(1), up to a limit of twenty

percent (20%) of that share, subject to the indicative national share

increasing by half of the percentage of waste heat and cold counted

towards that share.

(4) Relevant authorities shall, to the extent that this is within

the scope of their legally established remit, introduce measures in their

regulations and, where applicable, their support schemes, in support of

increasing the share of electricity and heating and cooling from

renewable sources produced on-site or nearby as well as renewable

energy taken from the grid in the building stock, which may include

measures relating to substantial increases in renewables self-

consumption, renewable energy communities, local energy storage,

smart recharging and bi-directional recharging, and other flexibility

services such as demand response.

(5) In order to achieve the indicative share of renewable

energy, relevant authorities shall, using all appropriate measures, tools

and incentives to the extent that this is within the scope of their legally

established remit, promote the use of renewable heating and cooling

systems and equipment.

(1) The Minister shall, in consultation with the Minister Mainstreaming

responsible for industry, endeavour to increase the share of renewable renewable

energy in

sources in the amount of energy sources used for final energy and non- industry.

energy purposes in the industry sector by an indicative increase of at

least one point six (1.6) percentage points as an annual average

calculated for the periods 2021 to 2025 and 2026 to 2030.

(2) The policies and measures planned and taken to achieve the

indicative increase referred to in sub-regulation (1) shall be included in

Malta’s integrated national energy and climate plans submitted in

accordance with Articles 3 and 14 of Regulation (EU) 2018/1999 and

the integrated national energy and climate progress reports submitted

in accordance with Article 17 of the said Regulation.

(3) When electrification is considered to be a cost-effective

option, the policies and measures referred to in sub-regulation (2)

shall

(a) promote the renewable-based electrification of

industrial processes; and

(b) endeavour to create conducive market conditions for

the availability of economically viable and technically feasible

renewable energy alternatives to replace fossil fuels used for

industrial heating with the aim of reducing the use of fossil fuels

used for heating in which the temperature is below two hundred

degrees Celsius (200 °C).

(4) The adoption of the policies and measures referred to in

sub-regulation (2) shall take into account the energy efficiency first

principle, effectiveness and international competitiveness and the need

to tackle regulatory, administrative and economic barriers.

(5) The contribution of renewable fuels of non-biological

origin used for final energy and non-energy purposes shall be at least

forty-two percent (42%) of the hydrogen used for final energy and

non-energy purposes in industry by 2030, and sixty percent (60%) by

2035. (6) For the calculation of the percentages referred to in sub-

regulation (5), the following rules shall apply

(a) for the calculation of the denominator, the energy

content of hydrogen for final energy and non-energy purposes

shall be taken into account, excluding

(i) hydrogen used as an intermediate product for

the production of conventional transport fuels and biofuels;

(ii) hydrogen that is produced by decarbonising

industrial residual gas and that is used to replace the

specific gas from which it is produced;

(iii) hydrogen produced as a by-product or derived

from by-products in industrial installations;

(b) for the calculation of the numerator, the energy

content of the renewable fuels of non-biological origin

consumed in the industry sector for final energy and non-energy

purposes shall be taken into account, excluding renewable fuels

of non-biological origin used as intermediate products for the

production of conventional transport fuels and biofuels; and

(c) for the calculation of the numerator and the

denominator, the values regarding the energy content of fuels

established in the Third Schedule shall be used.

(7) For the purposes of paragraph (c) of sub-regulation (6), in

order to determine the energy content of fuels not included in the Third

Schedule, the relevant European standards for the determination of the

calorific values of fuels, or where no European standard has been

adopted for such purpose, the relevant ISO standards shall be used.

(8) The Minister shall promote voluntary labelling schemes for

industrial products that are claimed to be produced with renewable

energy and renewable fuels of non-biological origin.

(9) The voluntary labelling schemes referred to in sub-

regulation (8) shall indicate the percentage of renewable energy used

or renewable fuels of non-biological origin used in the raw material

acquisition and pre-processing, manufacturing and distribution stage,

calculated on the basis of the methodologies stipulated either in

Commission Recommendation (EU) 2021/2279 or in ISO 14067:2018.

(10) Fuel suppliers and renewable fuel producers shall report

every two (2) years to the Regulator the amount of renewable fuels of

non-biological origin which they are expecting to import into and

export out of Malta, as the case may be

Provided that the obligation shall not apply to

consignments of renewable fuels of non-biological origin which are

intended to be introduced into Malta solely for the purposes of

temporary storage or transshipment, which are not intended to enter

the domestic supply chain, and are therefore not intended for sale,

distribution, supply or use within Malta, including for inland

consumption or for supply by operators licensed by the Regulator for

this purpose, to domestic or international navigation.

(11) The figures referred to in sub-regulation (10) shall be

included in the integrated national energy and climate plans submitted

in accordance with Articles 3 and 14 of Regulation (EU) 2018/1999

and in the integrated national energy and climate progress reports

submitted in accordance with Article 17 of the said Regulation.

(12) Any intended contributions to the Union strategy

developed by the Commission for imported and domestic hydrogen

with the aim of promoting the European hydrogen market as well as

domestic hydrogen production within the Union shall be indicated in

the integrated national energy and climate plans submitted in

accordance with Articles 3 and 14 of Regulation (EU) 2018/1999 and

in the integrated national energy and climate progress reports

submitted in accordance with Article 17 of the said Regulation.

(1) The contribution of renewable fuels of non-biological Conditions for

origin used for final energy and non-energy purposes referred to in reduction

target for the use

regulation 10(5), may be reduced by twenty percent (20%) in 2030, of

fuels of non-

provided that

biological origin

in the industry

sector.

(a) the attainment of the national contribution to the

binding overall Union target referred to in regulation 3(1), which

is at least equivalent to its expected national contribution in

accordance with the formula referred to in Annex II to

Regulation (EU) 2018/1999 is on track; and

(b) the share of hydrogen, or its derivatives, produced

from fossil fuels which is consumed in Malta is not more than

twenty-three percent (23%) in 2030 and not more than twenty

percent (20%) in 2035

Provided further that where any of these conditions

are not fulfilled, the reduction shall cease to apply.

(2) Where the reduction referred to in sub-regulation (1) is

applied, the Commission shall be notified thereof, together with

Malta’s integrated national energy and climate plans submitted in

accordance with Articles 3 and 14 of Regulation (EU) 2018/1999 and

as part of the integrated national energy and climate progress reports

submitted in accordance with Article 17 of the said Regulation.

(3) The notification referred to in sub-regulation (2) shall

include information about the updated share of renewable fuels of non-

biological origin and all relevant data to demonstrate that conditions

established in paragraphs (a) and (b) of sub-regulation (1) are fulfilled.

(1) In order to promote the use of renewable energy in

the heating and cooling sector, the Minister shall increase the share of

renewable energy in that sector by at least zero point eight (0.8)

percentage points as an annual average calculated for the period 2021

to 2025 and by at least one point one (1.1) percentage points as an

annual average calculated for the period 2026 to 2030, starting from

the share of renewable energy in the heating and cooling sector in

2020, expressed in terms of national share of gross final consumption

of energy and calculated in accordance with the methodology

established in regulation 7.

(2) Waste heat and cold may be counted towards the average

annual increases referred to in sub-regulation (1) up to a limit of zero

point four (0.4) percentage points

Provided that in such case the average annual increase shall

increase by half of the waste heat and cold percentage points counted

to an upper limit of one point zero (1.0) percentage points for the

period 2021 to 2025 and of one point three (1.3) percentage points for

the period 2026 to 2030.

(3) The Commission shall be informed of the intention to count

waste heat and cold and of the estimated amount in the integrated

national energy and climate plans submitted in accordance with

Articles 3 and 14 of Regulation (EU) 2018/1999.

(4) In addition to the minimum percentage points annual

increases referred to in sub-regulation (1), the Minister shall

endeavour to increase the share of renewable energy in the heating and

cooling sector by the following indicative percentage points as

follows

(a) by an additional indicative zero point eight (0.8)

percentage points for the period 2021 to 2025; and

(b) by an additional indicative zero point five (0.5)

percentage points for the period 2026 to 2030

Provided that if these indicative additional shares are

achieved, the resultant share, inclusive of such additional share

but excluding waste heat and cold, shall be of one point six (1.6)

percentage points.

(5) Renewable electricity used for heating and cooling may be

counted towards the annual average increase established in sub-

regulation (1), up to a limit of zero point four (0.4) percentage points,

provided that the efficiency of the heat and cold generator unit is

higher than one hundred percent (100%)

Provided that in such case the average annual increase shall

increase by half of that renewable electricity expressed in percentage

points to an upper limit of one point zero (1.0) percentage points for

the period 2021 to 2025 and of one point three (1.3) percentage points

for the period 2026 to 2030.

(6) The Commission shall be informed of the intention to count

renewable electricity used in heating and cooling from heat and cold

generators the efficiency of which is higher than one hundred percent

(100%) towards the annual increase established in sub-regulation (1)

through the submission of the plans required by Regulation (EU) 2018/

1999 as follows

(a) the estimated renewable electricity capacities of heat

and cold generator units the efficiency of which is higher than

one hundred percent (100%) shall be included in the integrated

national energy and climate plans submitted in accordance with

Articles 3 and 14 of the said Regulation; and

(b) the amount of renewable electricity used in heating

and cooling from heat and cold generator units the efficiency of

which is higher than one hundred percent (100%) shall be

included in the integrated national energy and climate progress

reports submitted in accordance with Article 17 of the said

Regulation.

(7) For the calculation of the share of renewable electricity

used in heating and cooling for the purposes of sub-regulation (1) the

average share of renewable electricity supplied in Malta in the two (2)

previous years shall be used.

(8) 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 including, where appropriate, an

analysis of areas suitable for their deployment at low ecological risk,

and of the potential for small-scale household projects.

(9)

The assessment referred to in sub-regulation (8) shall

(a) consider available and economically feasible

technology for industrial and domestic uses in order to set out

milestones and measures to increase the use of renewable energy

in heating and cooling;

(b) consider, where appropriate, the use of waste heat and

cold through district heating and cooling with a view to

establishing a long-term national strategy to reduce greenhouse

gas emissions and air pollution originating from heating and

cooling;

(c) be in accordance with the energy efficiency first

principle;

(d) be part of the integrated national energy and climate

plans submitted in accordance with Articles 3 and 14 of

Regulation (EU) 2018/1999; and

(e) accompany the comprehensive heating and cooling

assessment required by regulation 21 of the Energy Efficiency

Regulations.

(10) For the purposes of sub-regulation (1), when calculating the

share of renewable energy in the heating and cooling sector and its

average annual increase in accordance therewith, including the

additional indicative increase established in sub-regulation (4), the

Minister

(a) where the 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

(b) where the 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.

(11) 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.

(12) Where measures would result in a lower average annual

increase than that referred to in sub-regulation (1), this shall be made

public through the inclusion within the integrated national energy and

climate progress reports in accordance with Article 20 of Regulation

(EU) 2018/1999, and the Commission shall be provided with reasons,

including of choice of measures as referred to in sub-regulation (10).

(13) The relevant authorities, within the scope of their legally

established remit, shall in particular provide information to the owners

or tenants of buildings and SMEs on cost-effective measures, and

financial instruments, to improve the use of renewable energy in the

heating and cooling systems through accessible and transparent

advisory tools.

(14) 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, which are to

contribute to the average annual increase referred to in sub-regulation

(15) To achieve the average annual increase referred to in sub-

regulation (1), the Minister shall endeavour to implement at least two

(2) of the following measures

(a) physical incorporation of renewable energy or waste

heat and cold in the energy sources and fuels supplied for heating

and cooling;

(b) the installation of highly efficient renewable heating

and cooling systems in buildings, the connection of buildings to

efficient district heating and cooling systems or the use of

renewable energy or waste heat and cold in industrial heating and

cooling processes;

(c) measures covered by tradable certificates proving

compliance with the obligation stipulated in sub-regulation (1),

through support to installation measures under paragraph (b),

carried out by another economic operator such as an independent

renewable energy technology installer or an energy service

company providing renewable energy installation services;

(d) capacity building for national, regional and local

authorities to map local renewable heating and cooling potential

and plan, implement and advise on renewable energy projects

and infrastructures;

(e) the creation of risk mitigation frameworks to reduce

the cost of capital for renewable heat and cooling and waste heat

and cold projects, allowing for, inter alia, the bundling of

smaller projects as well as linking such projects more holistically

with other energy efficiency and building renovation measures;

(f) the promotion of renewables heating and cooling

purchase agreements for corporate and collective small

consumers;

(g)

planned replacement schemes of fossil heating

sources, or of heating systems that are not compatible with

renewable sources or fossil phase-out schemes with milestones;

(h) requirements at local and regional level concerning

renewable heat planning, encompassing cooling;

(i) the promotion of the production of biogas and its

injection into the gas grid, instead of its use for electricity

production;

(j) measures promoting the integration of thermal energy

storage technology in heating and cooling systems;

(k) the promotion of renewable based district heating and

cooling networks, in particular by renewable energy

communities, including through regulatory measures, financing

arrangements and support;

(l) other policy measures, with an equivalent effect,

including fiscal measures, support schemes or other financial

incentives that contribute to the installation of renewable heating

and cooling equipment and the development of energy networks

supplying renewable energy for heating and cooling in buildings

and industry.

(16) When adopting and implementing any of the measures

described in sub-regulation (14), the Minister shall ensure their

accessibility to all consumers, in particular those in low-income or

vulnerable households, who would not otherwise possess sufficient up-

front capital to benefit.

(17) The Minister may use the structures established under the

national energy savings obligations established in regulation 8 of the

Energy Efficiency Regulations to implement and monitor the measures

referred to in sub-regulation (14).

(18) Where entities are designated under sub-regulation (14),

the Minister shall ensure that the contribution by those designated

entities is measurable and verifiable.

(19) Where entities are designated under sub-regulation (14)

they 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.

(20) Where entities are designated under sub-regulation (14)

and report to the Regulator in accordance with sub-regulation (19), the

Regulator shall verify the reported contributions submitted and shall

report these to the Minister in aggregated form.

(1) Suppliers of district heating and cooling shall provide District heating

information on the energy performance and the share of renewable and cooling.

energy in their district heating and cooling systems to final consumers

in an easily accessible manner in the following ways

(a)

on bills or on their websites; and

(b)

on request.

(2) The information on the share of renewable energy referred

to in sub-regulation (1) shall be expressed at least as a percentage of

gross final consumption of energy in heating and cooling assigned to

the customers of a given district heating and cooling system, including

information on how much energy was used to deliver one (1) unit of

heating to the customer or end-user.

(1) Fuel suppliers which are obligated parties in terms of Increase of

the Petroleum for the Inland (Wholesale) Fuel Market, Bottling of renewable

energy and

LPG and Primary Storage Facilities Regulations and, or the Bunkering reduction

greenhouse gas

(Authorisation) Regulations shall comply with any obligations which intensity in the

are intended to increase the share of renewable energy in energy transport

supplied to the transport sector which are established in the said S.L. 545.25.

regulations.

(2)

The obligations referred to in sub-regulation (1) shall result

in

(a) the amount of renewable fuels and renewable

electricity supplied to the transport sector leading to a share of

renewable energy within the final consumption of energy in the

transport sector of at least twenty-nine percent (29%) by 2030;

and

(b)

the combined share of advanced biofuels and biogas

produced from the feedstock listed in Part A of the Fourth

Schedule and of renewable fuels of non-biological origin in the

energy supplied to the transport sector being at least one percent

(1%) in 2025 and five point five percent (5.5%) in 2030, of

which a share of at least one percent (1%) shall be from

renewable fuels of non-biological origin in 2030.

(3) The Minister shall endeavour to ensure that as of 2030, the

share of renewable fuels of non-biological origin in the total amount of

energy supplied to the maritime transport sector is at least one point

two percent (1.2%).

(4) The share of renewable energy within the final

consumption of energy in the transport sector, including in the

maritime transport sector, as well as the greenhouse gas intensity

reduction shall be reported in the national energy and climate progress

reports submitted pursuant to Article 17 of Regulation (EU) 2018/

1999. (5) In the event of the amendment of the list of feedstock

established in Part A of Annex IX to the Directive, the Minister may

increase the minimum share of advanced biofuels and biogas produced

from that feedstock in the energy supplied to the transport sector

accordingly.

(6) For the calculation of the targets referred to in paragraph

(a) of sub-regulation (2) and the shares referred to in paragraph (b) of

the same sub-regulation, the Regulator shall take into account

renewable fuels of non-biological origin also when they are used as

intermediate products for the production of

(a)

conventional transport fuels; or

(b) biofuels, provided that the greenhouse gas emissions

reduction achieved by the use of renewable fuels of non-

biological origin is not counted in the calculation of the

greenhouse gas emissions savings of the biofuels.

(7) For the calculation of the targets referred to in paragraph

(a) of sub-regulation (2) the Regulator may take into account recycled

carbon fuels.

(8) The design of the obligations on fuel suppliers referred to

in sub-articles (1) and (2) may

(a) exempt fuel suppliers supplying electricity or

renewable fuels of non-biological origin from the requirement to

comply with the minimum share of advanced biofuels and biogas

produced from the feedstock listed in Part A of the Fourth

Schedule with respect to those fuels;

(b) set the obligation by means of measures targeting

volumes, energy content or greenhouse gas emissions;

(c)

distinguish between different energy carriers;

(d) distinguish between the maritime transport sector and

other sectors.

(9) The Regulator shall establish a mechanism for fuel

suppliers in Malta to exchange credits for supplying renewable energy

to the transport sector.

(10) Economic operators that supply renewable electricity to

electric vehicles through public recharging points shall receive credits,

irrespectively of whether they are subject to the obligations referred to

in sub-regulation (1), and may sell those credits to fuel suppliers,

which shall be allowed to use the credits to fulfil the obligations

referred to in sub-regulation (1)

Provided that supply shall be understood as defined and

regulated in the Electricity Regulations.

(11) The Regulator may include private recharging points in the

mechanism referred to in sub-regulation (9), provided that it may be

demonstrated that renewable electricity supplied to those private

recharging points is provided solely to electric vehicles.

(1) For the calculation of the gross final consumption of Specific rules

energy from renewable sources referred to in regulation 5 of the for

bioliquids and

minimum share of renewable energy, the share of biofuels and biomass

produced from

bioliquids, as well as of biomass fuels consumed in transport, where food and feed

produced from food and feed crops, shall be zero per cent (0%) of the crops.

final consumption of energy.

(2) The Minister may establish an alternative limit to the share

established in sub-regulation (1), which share shall not in any case

exceed two per cent (2%), and may distinguish, for the purposes of S.L. 545.45.

regulation 3 of the Biofuels, Bioliquids and Biomass Fuels

(Sustainability Criteria) Regulations between different 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) Notwithstanding the target established in regulation

14(2)(a), the limitation on the share of biofuels and bioliquids, as well

as biomass fuels consumed in transport where produced from food and

feed crops, as established in sub-regulation (1), shall have the effect of

reducing said target by seven (7) percentage points

Provided that where the share referred to in sub-regulation

(1) is adjusted in accordance with sub-regulation (2), the reduction

applied under this sub-regulation shall be revised accordingly in view

of the contribution those fuels make in terms of the minimum share of

renewable energy.

(1) For the calculation of the minimum shares referred to

in regulation 14(2), the following rules shall apply

(a) for the calculation of the denominator, that is the

amount of energy consumed in the transport sector, all fuels and

electricity supplied to the transport sector 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 regulation 14(2) the energy

content of all types of energy from renewable sources supplied to

all transport modes, including to international marine bunkers,

shall be taken into account

Provided that recycled carbon fuels may be taken into

account;

(c) the share of biofuels and biogas produced from the

feedstock listed in the Fourth Schedule and renewable fuels of

non-biological origin shall be considered to be twice its energy

content;

(d) the share of renewable electricity shall be considered

to be four (4) times its energy content when supplied to road

vehicles;

(e) the share of advanced biofuels and biogas produced

from the feedstock listed in Part A of Fourth Schedule supplied

in the aviation and maritime transport modes shall be considered

to be one point two (1.2) times their energy content and the share

of renewable fuels of non-biological origin supplied in the

aviation and maritime transport modes shall be considered to be

one point five (1.5) times their energy content;

(f)

in order to determine the amount of energy supplied

to the transport sector, the values regarding the energy content of

transport fuels established in the Third Schedule shall be used;

(g) in order to determine the energy content of transport

fuels not included in Third Schedule, the relevant European

standards for the determination of the calorific values of fuels,

or, where no European standard has been adopted for such

purpose, the relevant ISO standards shall be used;

(h) the amount of renewable electricity supplied to the

transport sector shall be determined by multiplying the amount

of electricity supplied to such sector by the average share of

renewable electricity supplied in Malta in the two (2) previous

years, unless electricity is obtained from a direct connection to

an installation generating renewable electricity which is supplied

to the transport sector, in which case that electricity shall be fully

counted as renewable, and electricity generated by a solar-

electric vehicle and used for the consumption of the vehicle itself

may be fully counted as renewable.

(2) For the purpose of the calculations referred to in sub-

regulation (1), until the 31 st December 2030 the amount of energy

supplied to the maritime transport sector shall, as a proportion of gross

final consumption of energy, be considered to be not more than five

percent (5%).

(3) Where electricity is used for the production of renewable

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 (2) years before

the year in question shall, without prejudice to sub-regulations (4) and

(5) be used to determine the share of renewable energy.

(4) Electricity obtained from a direct connection to an

installation generating renewable electricity may be fully counted as

renewable where it is used for the production of renewable 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 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.

(5)

Electricity that has been taken from the grid may be fully

counted as 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 counted only once and only in one (1)

end-use sector.

(6) The greenhouse gas intensity reduction from the use of

renewable energy resulting from compliance with the minimum shares

referred to in regulation 14(2) shall be determined by dividing the

greenhouse gas emissions savings from the use of biofuels, biogas,

renewable fuels of non-biological origin and renewable electricity

supplied to all transport modes by the baseline

Provided that recycled carbon fuels may also be taken into

consideration.

(7) The greenhouse gas emissions savings referred to in sub-

regulation (6) shall be calculated as follows

(a) for biofuel and biogas, by multiplying the amount of

those fuels supplied to all transport modes by their greenhouse

gas emissions savings determined in accordance with regulation

6 of the Biofuels, Bioliquids and Biomass Fuels (Sustainability

Criteria) Regulations;

(b) for renewable fuels of non-biological origin and

recycled carbon fuels, by multiplying the amount of those fuels

that is supplied to all transport modes by their greenhouse gas

emissions savings determined in accordance with delegated acts

adopted pursuant to Article 29a(3) of the Directive;

(c) for renewable electricity, by multiplying the amount

of renewable electricity that is supplied to all transport modes by

the fossil fuel comparator ECF(e) established in the Fifth

Schedule.

(8) The baseline referred to in sub-regulation (6) shall be

calculated as follows

(a) until the 31st of December 2030, by multiplying the

amount of energy supplied to the transport sector by the fossil

fuel comparator EF(t) established in the Fifth Schedule;

(b)

from the 1st of January 2031, the baseline shall be the

sum of

(i) the amount of fuels supplied to all transport

modes multiplied by the fossil fuel comparator EF(t)

established in the Fifth Schedule; and

(ii) the amount of electricity supplied to all

transport modes multiplied by the fossil fuel comparator

ECF(e) established in the Fifth Schedule.

(9) The relevant amounts of energy supplied to the transport

sector for the purposes of the calculation referred to in sub-regulation

(6) shall be determined in accordance with paragraphs (f), (g) and (h)

of sub-regulation (1).

(1) In order to be eligible for counting towards the share Applicability of

sustainability

of renewable energy in

criteria.

(a)

the gross final energy consumption of Malta;

(b)

the building sector;

(c)

industry;

(d)

heating and cooling;

(e)

district heating and cooling; and

(f)

the transport sector,

biofuels, bioliquids and biomass fuels shall be compliant

with the sustainability and greenhouse gas emissions saving criteria

established in the Biofuels, Bioliquids and Biomass Fuels S.L. 545.45.

(Sustainability Criteria) Regulations.

(2) The relevant economic operators shall submit information

on the transactions made and the sustainability characteristics of liquid

and gaseous transport renewable fuels that are eligible for being

counted, including their life-cycle greenhouse gas emissions, into the

Union Database, starting from their point of production to the fuel

supplier that places the fuel on the market.

PART III

Generation and Consumption of Renewable Energy.

(1) All consumers are entitled to become renewables Renewables

self-consumers.

self-consumers, subject to this regulation.

(2) Renewables self-consumers,

individually

or

through

aggregators shall be 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; and

(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 such electricity and which may take into account its

long-term value to the grid, the environment and society

Provided that this shall be without prejudice to

Malta’s exercise of the derogations from Articles 4 and 6 of

Directive (EU) 2019/944

Provided further that for the continued duration of the

exercise of such derogations, regulation 54A of the Electricity

Regulations shall continue to apply to the purchase of all

renewable electricity produced in Malta and exported to the grid,

subject to the conditions therein.

(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 (1) or more of the following cases

(a) if the self-generated renewable electricity is

effectively supported by means of 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 1st 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 stipulated 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 thirty kilowatts (30kW).

(4) 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

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) In issuing regulations which govern the activities of

consumers described in sub-regulations (1) to (4) the Minister

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) A renewables self-consumer’s installation may be

owned by a third party or be 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) Based on the outcome of the relative assessment of

the existing unjustified barriers to, and of the potential of,

renewable energy self-consumption in Malta, where such

barriers are independent of Malta’s exercise of the derogations

from Articles 4 and 6 of Directive (EU) 2019/944, the Minister

shall continue to, 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; and

(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 enabling

renewable energy self-consumption 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.

(1) Final customers, in particular household customers,

shall be 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)

Without prejudice to Malta’s exercise of the derogations

from Articles 4 and 6 of Directive (EU) 2019/944, 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 such renewable energy community, subject to the other

requirements stipulated 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

Provided that for the continued duration of the

exercise of such derogations, regulation 54A of the Electricity S.L. 545.34.

Regulations shall continue to apply to the purchase of all

renewable electricity produced in Malta and exported to the grid,

subject to the conditions therein.

(3) The Minister shall carry out an assessment of the existing

barriers and potential of development of renewable energy

communities.

(4) Without prejudice to Malta’s exercise of the derogations

from Articles 4 and 6 of Directive (EU) 2019/944 the development of

renewable energy communities shall be promoted and facilitated

ensuring, 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 shall be

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 conformity 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 establishing 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

Provided that any limitations to the exercise of the

above functions arising out of the exercise of said derogations

shall not be deemed unjustified.

(5) A summary of the policies and measures supporting

renewable energy communities and of their 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) 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.

(7) This regulation shall apply without prejudice to Malta’s

right to exercise the derogations granted pursuant to Article 66 of

Directive (EU) 2019/944.

(1) All relevant authorities in issuing support measures

within the scope of their legally established remit and in line with the

same, shall make available information on such 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) Information on certification schemes or equivalent

qualification schemes for installers and designers of all forms of

renewable heating and cooling systems in buildings, industry and

agriculture, for installers of solar photovoltaic systems, including

energy storage, and for installers of recharging points enabling demand

response shall be made available to the public by the Regulator

together with a transparent, easily accessible and regularly updated list

of individuals who are qualified or certified through such schemes.

(4) The Regulator, where appropriate with the participation of

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.

Guarantees of origin for energy from renewable shall be Guarantees of

issued by the Regulator subject to the provisions of the Guarantees of origin

energy from

Origin of Electricity from High-Efficiency Cogeneration and of renewable

sources.

Energy from Renewable Energy Sources Regulations.

PART IV

Support Schemes, Projects and Cooperation.

(1) Support schemes applied to aid the achievement of Support

Malta’s contribution referred to in sub-regulation (1) of regulation 3 schemes

energy from

shall comply with this regulation.

renewable

sources.

(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, and shall avoid unnecessary distortions of

electricity markets while 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.

(4) Where support schemes referred to in sub-regulation (3) are

direct price support schemes, support shall be granted in the form of a

market premium, which could be, inter alia, sliding or fixed.

(5) Sub-regulation (4) shall not apply to support for electricity

from the sources listed in Article 19d(4) of Regulation (EU) 2019/943,

to which Article 19d(1) of the said Regulation applies.

(6) Small-scale installations and demonstration projects may

be exempted from the provisions of sub-regulations (3) to (5), without

prejudice to the applicable Union law on the internal market for

electricity.

(7) Support for electricity from renewable sources shall be

granted in an open, transparent, competitive, non-discriminatory and

cost-effective manner.

(8) Small-scale installations and demonstration projects may

be exempted from tendering procedures.

(9) The Minister may consider establishing mechanisms to

ensure cost-efficient system integration.

(10) Tendering procedures may be limited 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; and

(e) for biomass, the need to avoid distortions of raw

materials markets.

(11) Where support for electricity from renewable sources is

granted by means of a tendering procedure, in order to ensure a high

project realisation rate the following shall apply

(a) non-discriminatory and transparent criteria to qualify

for the tendering procedure shall be established and published,

setting clear dates and rules for delivery of the project; and

(b) information about previous tendering procedures,

including project realisation rates shall be published.

(12) In order to benefit from support schemes and to be eligible

under public procurement any renewable energy equipment and

systems shall meet the technical specifications established in the

relative documentation of the rules applicable to such support scheme,

or of the tendering process

Provided 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

(13) The technical specifications referred to in sub-regulation

(12) shall be expressed in terms of harmonised standards or European

standards including technical reference systems established by the

European standardisation organisations, where such standards exist

Provided that precedence in the application of harmonised

standards shall be given to those harmonised standards, the references

of which have been published in the Official Journal of the European

Union in support of Union law, including Regulation (EU) 2017/1369

of the European Parliament and of the Council of 4 July 2017 setting a

framework for energy labelling and repealing Directive 2010/30/EU, S.L. 427.64.

and the Framework for the Setting of Ecodesign Requirements for

Energy-Related Products Regulations, followed by other harmonised

standards and European standards.

(14) Support schemes granting financial support to renewable

energy producers shall either preclude the entitlement to a guarantee of

origin in respect of the supported renewable energy produced, or shall

appropriately take into account the market value of the guarantee of

origin for the same production

Provided that it shall be presumed that the market value of

the guarantee of origin has been appropriately taken into account in

any of the following cases

(a) where the financial support is granted by way of a

tendering procedure or a tradable green certificate system;

(b) where the market value of the guarantees of origin is

administratively taken into account in the level of financial

support; or

(c) where the guarantees of origin are not issued directly

to the producer but to a supplier or consumer who buys the

energy either in a competitive setting or in a long-term

renewables power purchase agreement

Provided further that in order to take into account the

market value of the guarantee of origin, the rules applicable to

any specific support schemes may allow for guarantees of origin

to be issued to the producer and immediately cancelled.

(15) This regulation shall be applied by all Ministries and

entities which issue support schemes for renewable energy and shall

furthermore be applied without prejudice to Articles 107 and 108

TFEU.

(1) Energy producers producing energy from biomass

shall take into account the waste hierarchy established in regulation

4A of the Waste Regulations and shall ensure the application of the

principle of the cascading use of biomass, ensuring that energy from

biomass is produced in a way that minimises undue distortive effects

on the biomass raw material market, and adverse impacts on

biodiversity, the environment and the climate.

(2)

Renewable energy produced from

(a) biomass in respect of which the obligations stipulated

in sub-regulation (1) have not been complied with;

(b) the use of saw logs, veneer logs, industrial grade

roundwood, stumps and roots; and

(c) the incineration of waste in respect of which the

separate collection obligations stipulated in the Waste

Regulations have not been complied with,

shall not be eligible for support, including direct financial

support, by means of any support scheme or otherwise.

(3) Support schemes for energy from biofuels, bioliquids and

biomass fuels shall avoid incentivising unsustainable pathways and

distorting competition with the material sectors, with a view to

ensuring that woody biomass is used according to its highest economic

and environmental added value in the following order of priorities

(a)

wood-based products;

(b)

extending the service life of wood-based products;

(c)

re-use;

(d)

recycling;

(e)

bioenergy; and

(f)

disposal.

(4)

The provisions of sub-regulation (1) shall not apply where

(a)

this is needed to ensure security of energy supply;

(b) where the local industry is quantitatively or

technically unable to use forest biomass for an economic and

environmental added value that is higher than energy production,

for feedstocks coming from

(i) necessary forest management activities, aiming

to ensure pre-commercial thinning operations or carried out

in accordance with national law on wildfire prevention in

high-risk areas;

(ii) salvage logging following documented natural

disturbances; or

(iii) the harvest of certain woods whose

characteristics are not suitable for local processing

facilities.

(5) A notification to the Commission shall be made annually

by the Minister in respect of any derogations made pursuant to sub-

regulation (4) together with the reasons for such derogations and the

geographical scale to which they apply.

(6) No support shall be granted for the production of electricity

from forest biomass in electricity-only installations, unless such

electricity is produced applying biomass carbon dioxide capture and

storage and it meets the requirements established in regulation 3(6) of

the Biofuels, Bioliquids and Biomass Fuels (Sustainability Criteria) S.L. 545.45.

Regulations.

(1) The Minister shall have the right, in accordance with Opening of

the provisions of these regulations, to decide to which extent support

for electricity

electricity from renewable sources which is produced in another from

sources.

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

stipulated 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 (1) 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 and, to that end, may limit

participation in support schemes to producers located in Member

States with which there is a direct connection through interconnectors

Provided that cross-zonal schedules and capacity allocation

due to producers participating in cross-border support schemes shall

not be changed or otherwise affected, and 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.

(1) Without prejudice to adaptations necessary to comply

with Articles 107 and 108 TFEU, the Minister shall ensure that the

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 (5) years or, in the case of

budgetary planning constraints, the following three (3) 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 (5) 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; and

(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.

(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.

(6) The information sent to the Commission referred to in sub-

regulation (5) shall include the quantity and price of the energy

involved, and for transfers finalised on the URDP, the parties involved

and the information on the particular transfer shall be disclosed to the

public.

(7) 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

with one (1) or more authorities in one (1) or more other Member

States, or 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) By 31 December 2025, the Minister shall agree to establish

a framework for cooperation on joint projects with one (1) or more

other Member States for the production of renewable energy

Provided that by 31 December 2030, the Minister shall

endeavour to agree on establishing at least two joint projects.

(3) The identification of joint offshore renewable energy

projects shall be consistent with the needs identified in the high-level

strategic integrated offshore network development plans for each sea-

basin referred to in Article 14(2) of Regulation (EU) 2022/869 of the

European Parliament and of the Council of 30 May 2022 on guidelines

for trans-European energy infrastructure, amending Regulations (EC)

No 715/2009, (EU) 2019/942 and (EU) 2019/943 and Directives 2009/

73/EC and (EU) 2019/944, and repealing Regulation (EU) No 347/

2013, and the Union-wide ten-year network development plan referred

to in Article 30(1)(b) of Regulation (EU) 2019/943, but may go

beyond those needs and may involve local and regional authorities and

private undertakings.

(4) For joint projects, a fair distribution of the costs and

benefits shall be undertaken, with all the relevant costs and benefits of

the joint project being taken into account in the relevant cooperation

agreements.

(5) Any cooperation agreements entered into, together with the

date on which the joint projects are expected to become operational,

shall be notified to the Commission.

(6) Projects financed by national contributions under the Union

renewable energy financing mechanism established by Commission

Implementing Regulation (EU) 2020/1294 of 15 September 2020 on

the Union renewable energy financing mechanism shall be deemed to

satisfy the obligations referred to in sub-regulation (2) for the Member

States involved.

(7) 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.

(8)

The notification referred to in sub-regulation (7) 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.

(9) The duration of a joint project as referred to in this

regulation may extend beyond 2030.

(10) A notification made in accordance with 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 (8).

(11) The Minister may request the Commission to facilitate the

establishment of joint projects with other Member States, in particular

by means of dedicated technical assistance and project development

assistance.

(12) On the basis of the indicative goals for offshore renewable

energy generation to be deployed within each sea basin, identified in

accordance with Article 14 of Regulation (EU) 2022/869 of 30 May

2022 of the European Parliament and of the Council on guidelines for

trans-European energy infrastructure, amending Regulations (EC) No

715/2009, (EU) 2019/942 and (EU) 2019/943 and Directives 2009/73/

EC and (EU) 2019/944, and repealing Regulation (EU) No 347/2013,

the Minister shall publish information on the volumes of offshore

renewable energy that are planned to be achieved through tenders,

taking into account technical and economic feasibility for the grid

infrastructure and the activities that already take place.

(13) The Minister shall endeavour to allocate space for offshore

renewable energy projects in maritime spatial plans, taking into

account the activities that already take place in the affected areas.

(14) In order to facilitate permit-granting for joint offshore

renewable energy projects, the relevant authorities shall reduce the

complexity and increase the efficiency and transparency of the permit-

granting procedure, shall enhance cooperation among themselves and

shall, where appropriate, establish a single contact point.

(1) Within three (3) months of the end of each year

falling within the period referred to in regulation 27(3)(d), the Minister

shall issue a letter of notification stating

(a) the total amount of electricity, heating or cooling

produced from renewable sources during that year by the

installation which was the subject of the notification in terms of

regulation 27; and

(b) the amount of electricity, heating or cooling produced

from renewable sources during that year by such 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, 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, 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, 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 Joint projects

an authority or entity to make such arrangements, for the purpose of with

countries.

cooperation with one (1) 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 (1) 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

satisfied

(a) the electricity is consumed in the Union, which is

deemed to be satisfied 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 25th June 2009 or by the increased

capacity of an installation that was refurbished after such 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 is to

be used for the export of electricity from renewable sources to

the Union, in accordance with sub-regulation (2); and

(e) the application relates to a joint project that fulfils the

criteria established in paragraphs (b) and (c) of sub-regulation

(2) and that will use the interconnector after it becomes

operational, and refers to a quantity of electricity that is not

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, and when more than one (1)

Member State is concerned, the distribution between Member States of

such proportion or amount shall be notified to the Commission

Provided that 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 satisfy the

conditions established in paragraph (a) of the said 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 an 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 such 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 29, 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 in accordance with regulation 29;

(b) the amount of electricity produced from renewable

sources during that year by such installation which is to count

towards Malta’s renewable energy share in accordance with the

terms of the notification in accordance with regulation 29; and

(c) proof of compliance with the conditions established

in sub-regulation (2) of regulation 29.

(2) The Minister shall submit the letter of notification referred

to in sub-regulation (1) to the Commission and to the third country that

has acknowledged the project in accordance with paragraph (d) of sub-

regulation (5) of regulation 29.

(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 24, 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 26;

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 in accordance with 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.

PART V

Administrative and Permitting Procedures for the Deployment of New

Renewable Capacity.

(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)

renewable transport fuels of non-biological origin;

shall be proportionate and necessary and shall

contribute to the implementation of the energy efficiency first

principle.

(2) The relevant authorities shall, in particular and to the extent

that this is within the scope of each of their legally established remits,

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) Pilot projects involving the testing in a real-world

environment and for a limited period, of innovative renewable energy

technology for producing, sharing and storing of renewable energy

shall be promoted and supported in line with Malta’s National Strategy

for Research and Innovation in Energy and Water 2021-2030.

(4) All relevant authorities shall ensure that provisions are

included for the integration and deployment of renewable energy,

including for renewables self-consumption and renewable energy

communities, and for 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 and transport infrastructure, including electricity,

district heating and cooling, natural gas and alternative fuel networks.

(5) Local and regional administrative bodies 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 programmes as well as specific provisions on renewables

self-consumption and renewable energy communities, on the

infrastructure development plans of the network operators.

(1) Existing spatial planning documents and plans shall Mapping of

form the basis for the coordinated mapping for the deployment of areas

for national

renewable energy to identify the domestic potential and the available contributions

towards the

land surface that is necessary for the installation of renewable energy overall Union

plants required in order to meet the national contribution towards the renewable

energy target for

overall Union renewable energy target for 2030

2030. Provided that the relative related infrastructure, such as

grid and storage facilities, including thermal storage shall be included

in such mapping.

(2) The areas included in the coordinated mapping exercise

referred to in sub-regulation (1), including the existing renewable

energy plants and cooperation mechanisms shall be

(a) commensurate with the estimated trajectories and

total planned installed capacity of renewable energy technology

established in Malta’s national energy and climate plans; and

(b) periodically reviewed and, where necessary, updated

in parallel with the updates of Malta’s national energy and

climate plans.

(3) For the purposes of identifying the areas referred to in sub-

regulation (1), the following in particular shall be taken into account

(a) the availability of energy from renewable sources and

the potential for renewable energy production of the different

types of technology in the land surface areas;

(b) the projected demand for energy, whilst taking into

account the potential flexibility of the active demand response,

expected efficiency gains and energy system integration; and

(c) the availability of relevant energy infrastructure,

including grids, storage and other flexibility tools or the potential

to create or upgrade such grid infrastructure and storage.

(4) Renewable energy projects shall be compatible with the

pre-existing uses of the areas referred to in sub-regulation (1), with

multiple uses being favoured.

(5) All relevant authorities and local authorities, including

network operators, shall contribute to the coordinated mapping

exercise referred to in sub-regulation (1) and the subsequent updates

thereof referred to in sub-regulation (2)(1)(b) as appropriate, within

the extent of their functions as outlined in their legal remits

Provided that sub-surface and sea or inland water areas

may, where relevant, be considered for inclusion within such updates.

(1)

Areas designated as

(a)

Principal Urban Areas;

(b)

Regional Urban Settlements;

(c)

Small Urban Settlements; and

(d)

Enterprise Hubs,

as spatially identified in the Sixth Schedule and established

in the 2015 Strategic Plan for Environment and Development

shall be deemed to constitute renewables acceleration areas.

(2) The designation referred to in sub-regulation (1) shall,

without prejudice to the exclusions established in sub-regulation (3),

apply exclusively to solar photovoltaic systems installed on artificial

and built surfaces, including rooftops of existing buildings or

structures.

(3) The designation referred to in sub-regulation (1) shall not

apply to any buildings or structures which

(a) have been listed or designated as scheduled buildings

or scheduled property under the Development Planning Act; or

(b) have been commended for scheduling by the

Superintendent of Cultural Heritage on the grounds of being

considered to constitute cultural property as defined in the

Cultural Heritage Act.

(4) All renewable installations which are installed within the

areas listed in sub-regulation (1), shall comply with the guidelines and

standards applicable to such installations as established in the

Development Control Design Policy, Guidance and Standards

document, as may be amended from time to time, or as defined in the

Development Notification Order.

(5) The permit-granting procedures applicable to installations

located within the areas listed in sub-regulation (1), shall be subject to

the time frames established in regulation 38

Provided that where any other provision in these

regulations prescribes a shorter time frame, that shorter time frame

shall apply.

(6) This regulation shall be without prejudice to the potential

designation by the relevant competent authorities of renewable

acceleration areas, including areas which may be located offshore,

intended to be applicable to solar photovoltaic installations or to other

renewable technologies.

(1) The designating of renewables acceleration areas Public

referred to in regulation 34(1), shall include public participation in participation.

accordance with regulation 7 of the Strategic Environmental S.L. 549.61.

Assessment Regulations, including identifying the public affected or

likely to be affected.

(2) The public acceptance of renewable energy projects shall

be promoted by means of direct and indirect participation of local

communities in those projects.

(1) One (1) or more plans may be adopted to designate Areas for grid

dedicated infrastructure areas for the development of grid and storage and

infrastructure

projects that are necessary to integrate renewable energy into the necessary

integrate

electricity system, in cases where such development is not expected to renewable

have a significant environmental impact, such an impact can be duly energy

electricity

mitigated or, where such mitigation is not possible, compensated for. system.

(2) The aim of the areas referred to in sub-regulation (1) shall

be to support and complement the renewables acceleration areas.

(3)

The plans referred to in sub-regulation (1) shall

(a) for grid projects, avoid Natura 2000 sites and areas

designated under national protection schemes for nature and

biodiversity conservation, unless there are no proportionate

alternatives for their deployment, taking into account the

objectives of the site;

(b) for storage projects, exclude Natura 2000 sites and

areas designated under national protection schemes;

(c) ensure synergies with the designation of renewables

acceleration areas;

(d) be subject to a strategic environmental assessment

pursuant to the Strategic Environmental Assessment Regulations S.L. 549.61.

and, where applicable, to an assessment in accordance with

regulation 19 of the Flora, Fauna and Natural Habitats Protection S.L. 549.44.

Regulations;

(e) establish appropriate and proportionate rules,

including on proportionate mitigation measures which shall be

adopted for the development of grid and storage projects in order

to avoid adverse effects on the environment that may arise or,

where it is not possible to avoid such effects, to significantly

reduce them; and

(f) be drawn up following consultation with the relevant

infrastructure system operators.

(4) Grid and storage projects which are necessary to integrate

renewable energy into the electricity system may, under justified

circumstances, including where needed to accelerate the deployment

of renewable energy in order to achieve the climate and renewable

energy targets, be exempted from

(a) the environmental impact assessment pursuant to

regulation 6(1) of the Environmental Impact Assessment

Regulations;

(b) an assessment of the implications of the grid and

storage projects for Natura 2000 sites in accordance with

regulation 19 of the Flora, Fauna and Natural Habitats Protection

Regulations; and

(c) the assessment of the implications of the grid and

storage projects on species protection in accordance with

regulations 24 and 25 of the Flora, Fauna and Natural Habitats

Protection Regulations and regulation 4(1) of the Conservation

of Wild Birds Regulations

Provided that such grid or storage projects are located in a

dedicated infrastructure area designated in accordance with sub-

regulation (1) and that these shall comply with the rules established,

including on proportionate mitigation measures which shall be adopted

in accordance with paragraph (e) of sub-regulation (3), by way of

derogation from regulations 6(1) and 10(2) of the Environmental

Impact Assessment Regulations and from items 3.4.1.1., 3.4.2.1. and

10.0.2.7 of Schedule I to the said regulations, and by way of

derogation from regulation 19 of the Flora, Fauna and Natural Habitats

Protection Regulations.

(5) Where grid and storage projects are located in dedicated

infrastructure areas and exempt from the assessments referred to in

sub-regulation (4), they shall be subject to a screening process which

shall be based on existing data from the strategic environmental

assessment pursuant to the Strategic Environmental Assessment

Regulations, provided that project applicants may be requested to

provide additional available information.

(6) The screening process referred to in sub-regulation (5) shall

be finalised within thirty (30) days from its commencement and shall

aim to identify if projects are highly likely to give rise to significant

unforeseen adverse effects, in view of the environmental sensitivity of

the geographical areas where they are located, which adverse effects

were not identified during the environmental assessment of the plans

designating dedicated infrastructure areas carried out pursuant to the

Strategic Environmental Assessment Regulations and, where relevant, S.L. 549.61.

to the Flora, Fauna and Natural Habitats Protection Regulations.

(7) Where the screening process referred to in sub-regulation

(5) identifies a project as being highly likely to give rise to significant

unforeseen adverse effects as referred to in sub-regulation (6),

appropriate and proportionate mitigation measures shall be applied, on

the basis of existing data, to address those effects.

(8) Where it is not possible to apply the mitigation measures

required in accordance with sub-regulation (7), the operator of the

installation shall be required to adopt appropriate compensatory

measures to address those effects which, if other proportionate

compensatory measures are not available, may take the form of a

monetary compensation for species protection programmes, in order to

ensure or improve the conservation status of the species affected.

(9) Where the integration of renewable energy into the

electricity system requires a project to reinforce the grid infrastructure,

within or outside dedicated infrastructure areas, and such a project is

subject to a screening process carried out pursuant to sub-regulation

(5), or to a determination whether the project requires an

environmental impact assessment, or an environmental impact

assessment pursuant to regulation 10 of the Environmental Impact S.L. 549.46.

Assessment Regulations, such a screening process, determination or

environmental impact assessment shall be limited to the potential

impact arising from the change or extension compared to the original

grid infrastructure.

(1) The permit-granting procedure shall cover all Organisation

relevant administrative permits to build, repower and operate and

principles of the

renewable energy plants, including those combining different permit-granting

procedure.

renewable energy sources, heat pumps and co-located energy storage,

including power and thermal facilities, as well as assets necessary for

the connection of such plants, heat pumps and storage to the grid and

to integrate renewable energy into heating and cooling networks,

including grid connection permits and where required, environmental

assessments.

(2) The permit-granting procedure shall comprise all

administrative stages, from the acknowledgment of the completeness

of the permit application in accordance with sub-regulation (3), up to

the notification of the final decision on the outcome of the permit-

granting procedure by the relevant competent authority or authorities.

(3) Every relevant authority which is responsible for the

issuing of any administrative permit associated with renewable energy

plants, shall acknowledge the completeness of the application or, if the

applicant has not sent all the information required to process the

application, shall request that the applicant submit a complete

application without undue delay

Provided that such acknowledgement or request as the case

may be, shall be provided within thirty (30) days, for renewable energy

plants located in renewables acceleration areas, and within forty-five

(45) days, for renewable energy plants located outside renewables

acceleration areas, from receipt of an application for a permit.

(4) The date of acknowledgement of the completeness of the

application by the relevant authority shall indicate the commencement

of the permit-granting procedure.

(5) An ad hoc set-up made up of the relevant permitting

authorities of which the Regulator of energy services and the

competent authority for development permitting shall be permanent

members, shall act as a single contact point for the entire

administrative permit application and permit-granting procedure

Provided that any other relevant permitting authority may

be added to the set-up as required.

(6) The contact point designated in line with sub-regulation (5)

shall, upon the request of the applicant, guide and facilitate the

applicant during the entire administrative permit-application and

permit-granting procedure and the applicant shall not be required to

contact more than one (1) contact point during the entire procedure.

(7) The contact point designated in line with sub-regulation (5)

shall guide the applicant through the administrative permit-application

procedure, including the steps relating to the protection of the

environment, in a transparent manner until the delivery of one or more

decisions by the competent authorities at the end of the permit-

granting procedure, provide the applicant with all necessary

information and where appropriate, involve other administrative

authorities.

(8) The contact point designated in line with sub-regulation (5)

shall ensure that the deadlines for the permit-granting procedures

established in these regulations are met.

(9) All relevant authorities shall allow applicants to submit

relevant documents digitally, provided that by the 21st November

2025, all permit-granting procedures referred to in sub-regulation (1)

shall be carried out in electronic format.

(10) The contact point designated in line with sub-regulation (5)

shall make available a manual of procedures for developers of

renewable energy plants and shall provide such information online,

addressing also distinctly small-scale renewable energy projects,

renewables self-consumers projects and renewable energy

communities.

(11) Should more than one (1) contact point be designated in

line with sub-regulation (5), online information shall indicate the

contact point relevant to the application in question.

(12) Every relevant authority shall ensure that applicants and the

general public have easy access to simple procedures for the settlement

of disputes concerning the permit-granting procedure and the issuance

of permits to build and operate renewable energy plants, including

where applicable, alternative dispute resolution mechanisms.

(13) Administrative and judicial appeals in the context of a

project for the development of a renewable energy plant, the

connection of such plant to the grid, and the assets necessary for the

development of the energy infrastructure networks required to

integrate energy from renewable sources into the energy system,

including appeals related to environmental aspects, shall be ensured to

be subject to the most expeditious administrative and judicial

procedure that is available.

(14) Every relevant authority shall take into account the planned

installed renewable energy generation capacity provided for in Malta’s

integrated national energy and climate plans submitted in accordance

with Articles 3 and 14 of Regulation (EU) 2018/1999 to ensure its staff

complement is suitably qualified and to make any plans for upskilling

and reskilling which may be deemed necessary.

(15) Except when it coincides with other administrative stages

of the permit-granting procedure, the duration of the permit-granting

procedure shall not include

(a)

the time during which the renewable energy plants,

their grid connections and, with a view to ensuring grid stability,

grid reliability and safety, the time during which the related

necessary grid infrastructure, is being built or repowered;

(b) the time for the administrative stages necessary for

significant upgrades to the grid required for ensuring grid

stability, grid reliability and grid safety;

(c) the time for any judicial appeals and remedies, other

proceedings before a court or tribunal and alternative dispute

resolution mechanisms, including complaint procedures and

non-judicial appeals and remedies.

(16) All relevant authorities shall make publicly available the

decisions resulting from the permit-granting procedures.

(1) The permit-granting procedure referred to in

regulation 37 shall not exceed twelve (12) months for renewable

energy projects in a renewables acceleration area and shall not exceed

two (2) years for offshore renewable energy projects in a renewables

acceleration area.

(2) The time frames referred to in sub-regulation (1) may, on

the ground of extraordinary circumstances, be extended by up to six

(6) months.

(3) The permit-granting procedure for the following shall not

exceed six (6) months when located in a renewables acceleration area

(a)

the repowering of renewable energy power plants;

(b) new installations with an electrical capacity of less

than one hundred and fifty kilowatts (150 kW);

(c) co-located energy storage, including power and

thermal facilities;

(d)

the grid connection of all of the above

Provided that where justified on the grounds of

extraordinary circumstances, this period may be extended by up

to three (3) months.

(4) The permit-granting procedure for offshore wind energy

projects located in a renewables acceleration area shall not exceed

twelve (12) months

Provided that where justified on the grounds of

extraordinary circumstances, this period may be extended by up to six

(6) months.

(5) For the purposes of sub-regulations (2), (3) and (4)

extraordinary circumstances shall include grounds of overriding safety

reasons where the repowering project has a substantial impact on the

grid or on the original capacity, size or performance of the installation,

and where time frames are so extended the relevant authority shall

clearly inform the project developer of the extraordinary

circumstances that justify such an extension.

(6) Without prejudice to sub-regulations (9) to (16), by way of

derogation from regulation 10(2) of the Environmental Impact

Assessment Regulations and from and from items 3.1.2.1, 10.0.2.7, S.L. 549.46.

3.4.1.1, 3.4.2.1, 10.0.2.2, 3.3.2.1, 3.3.2.2, and 10.0.1.2 and 10.0.2.3

alone or in conjunction with item 10.0.1.1 of Schedule I to the said

regulations, with regard to renewable energy projects, new

applications for renewable energy plants, including plants combining

different types of renewable energy technology and the repowering of

renewable energy power plants in designated renewables acceleration

areas for the relevant technology and co-located energy storage, as

well as the connection of such plants and storage to the grid, shall be

exempt from the requirement to carry out a dedicated environmental

impact assessment pursuant to regulation 6(1) of the said regulations,

provided that those projects comply with paragraph (b) of regulation

34(2).

(7) The derogation referred to in sub-regulation (6) shall not

apply to projects which are likely to have significant effects on the

environment in another Member State or where a Member State that is

likely to be significantly affected so requests, in accordance with

regulation 25 of the Environmental Impact Assessment Regulations.

(8) By way of derogation from to regulation 19 of the Flora, S.L. 549.44.

Fauna and Natural Habitats Protection Regulations, the renewable

energy plants referred to in sub-regulation (6) shall not be subject to an

assessment of their implications for Natura 2000 sites provided that

those renewable energy projects comply with the rules and measures

established in accordance with paragraph (b) of regulation 34(2).

(9) The relevant competent authority shall carry out a

screening process of the applications referred to in sub-regulation (6)

which shall aim to identify if any of the renewable energy projects is

highly likely to give rise to significant unforeseen adverse effects in

view of the environmental sensitivity of the geographical areas where

they are located, which were not identified during the environmental

assessment of the plans designating renewables acceleration areas

referred to in sub-regulations (1) and (2) of regulation 34, carried out

pursuant to the Strategic Environmental Assessment Regulations and,

where relevant, to the Flora, Fauna and Natural Habitats Protection

Regulations.

(10) The screening process referred to in sub-regulation (9) shall

also aim to identify if any of such renewable energy projects falls

within the scope of regulation 25 of the Environmental Impact

Assessment Regulations due to its likelihood of significant effects on

the environment in another Member State or due to the request of a

Member State which is likely to be significantly affected.

(11) For the purpose of the screening process referred to in sub-

regulation (9), the project developer shall provide information on the

characteristics of the renewable energy project, on its compliance with

the rules and measures identified pursuant to paragraph (b) of

regulation 34(2), for the specific renewables acceleration area, on any

additional measures adopted by the project developer and on how

those measures address environmental impact

Provided that the relevant competent authorities may

request the project developer to provide additional available

information.

(12) The screening process relating to applications for new

renewable energy plants shall be finalised within forty-five (45) days

from the date of submission of sufficient information necessary for

that purpose

Provided that this time frame shall be reduced to thirty (30)

days in the case of applications for installations with an electrical

capacity of less than one hundred and fifty kilowatts (150 kW) and of

new applications for the repowering of renewable energy power plants.

(13) Following the screening process referred to in sub-

regulation (9), the applications referred to in sub-regulation (6) shall

be authorised from an environmental perspective without requiring

any express decision from the competent authority, unless the

competent authority adopts an administrative decision, setting out due

reasons on the basis of clear evidence, to the effect that a specific

project is highly likely to give rise to significant unforeseen adverse

effects in view of the environmental sensitivity of the geographical

area where the project is located that cannot be mitigated by the

measures identified in the plans designating acceleration areas or

proposed by the project developer.

(14) The renewable energy projects likely to give rise to

significant unforeseen adverse effects referred to in sub-regulation

(13) shall be subject to an environmental impact assessment pursuant S.L. 549.46.

to the Environmental Impact Assessment Regulations and, if

applicable, to an assessment pursuant to the Flora, Fauna and Natural S.L. 549.44.

Habitats Protection Regulations, which shall be carried out within six

(6) months of the administrative decision identifying a high likelihood

of significant unforeseen adverse effects

Provided that the six (6) month period may, where duly

justified on the grounds of extraordinary circumstances, be extended

by up to a maximum of a further six (6) months.

(15) In the event of justified circumstances, including where

needed to accelerate the deployment of renewable energy to achieve

the climate and renewable energy targets, wind and solar photovoltaic

projects may, without prejudice to sub-regulation (16), be exempt from

the assessments referred to in sub-regulation (14).

(16) Where wind and solar photovoltaics projects are exempt

from the assessments referred to in sub-regulation (14), the operator

shall adopt proportionate mitigation measures or, where such

mitigation measures are not available, compensatory measures which,

in the absence of the latter, may take the form of monetary

compensation, in order to address any adverse effects

Provided that where those adverse effects have an impact

on species protection, the operator shall pay a monetary compensation

for species protection programmes for the duration of the operation of

the renewable energy plant in order to ensure or improve the

conservation status of the species affected.

(17) In the permit-granting procedure referred to in sub-

regulations (1) to (5), the absence of a reply by any relevant competent

authority within the established deadline shall result in the relevant

intermediary administrative steps being deemed approved, but only

where administrative tacit approval is provided for by such competent

authority for that part of the permit-granting procedure

Provided that tacit approval shall in no case be applicable

where the specific renewable energy project is subject to an

environmental impact assessment pursuant to sub-regulations (13) and

(14) and shall furthermore not apply to final decisions on the outcome

of the permit-granting procedure, which shall be explicit.

(18) The decisions related to the permit-granting procedure

referred to in sub-regulations (13) and (17) shall be made publicly

available.

(1) The permit-granting procedure referred to in

regulation 37(1) shall not exceed two (2) years for renewable energy

projects located outside renewables acceleration areas provided that in

the case of offshore renewable energy projects, the permit-granting

procedure shall not exceed three (3) years.

(2) The time frames referred to in sub-regulation (1) shall be

subject to the project developer complying with reasonable time

frames established by each relevant authority for the submission of any

required documentation, provided that, where duly justified on the

grounds of extraordinary circumstances, including the extension of

periods required for assessments in accordance with the applicable

Union environmental legislation, any of those periods may be

extended by up to a maximum of six (6) months, and in such case the

project developer shall be clearly informed of the extraordinary

circumstances that justify such an extension.

(3) Where an environmental assessment is required pursuant to

the Environmental Impact Assessment Regulations or the Flora, Fauna

and Natural Habitats Protection Regulations as part of the permit-

granting procedure for renewable energy projects located outside

renewables acceleration areas, it shall be carried out in a single

procedure that combines all relevant assessments for the given

renewable energy project, and the relevant authority, taking into

account the information provided by the project developer, shall issue

an opinion on the scope and level of detail of the information to be

included by the project developer in the environmental impact

assessment report, of which the scope shall not be subsequently

extended.

(4) Where a renewable energy project has adopted the

necessary mitigation measures, any killing or disturbance of the

species protected in accordance with regulations 24 and 25 of the

Flora, Fauna and Natural Habitats Protection Regulations and

regulation 4(1) of the Conservation of Wild Birds Regulations shall

not be considered to be deliberate.

(5) Where novel mitigation measures to prevent, to the extent

possible, the killing or disturbance of species protected under the

Flora, Fauna and Natural Habitats Protection Regulations and the S.L.

Conservation of Wild Birds Regulations, or to prevent any other

environmental impact, have not been widely tested as regards their

effectiveness, their use may be allowed for one (1) or several pilot

projects for a limited time period, provided that the effectiveness of

such mitigation measures is closely monitored and appropriate steps

are immediately taken if they do not prove to be effective.

(6) The permit-granting procedure shall not exceed twelve (12)

months for land-based, or two (2) years for offshore projects of the

following types when located outside renewables acceleration areas

(a)

the repowering of renewable energy power plants;

(b) new installations with an electrical capacity of less

than one hundred and fifty kilowatts (150 kW);

(c)

co-located energy storage;

(d) the connection to the grid for the projects described in

paragraphs (a) to (c).

(7) The time frames established in sub-regulation (6) shall

include any environmental assessments which may be required by the

relevant law and either one may, where duly justified on the grounds of

extraordinary circumstances, be extended by up to a maximum of (3)

three months subject to the project developer being clearly informed of

the extraordinary circumstances that justify such an extension.

(1) Where the repowering of a renewable energy power Accelerating the

plant does not result in an increase of the capacity of said renewable permit-granting

procedure for

energy power plant beyond fifteen percent (15%), and without repowering.

prejudice to any assessment of potential environmental impact

required pursuant to sub-regulations (2) and (3), the applicable time

frame for granting connections to the transmission or distribution grid

shall not exceed three (3) months following notification to the relevant

authority unless there are justified safety concerns or there is technical

incompatibility of the system components.

(2) Where the repowering of a renewable energy power plant is

subject to the screening process provided for in regulation 38(9), to a

determination as to whether the project requires an environmental

impact assessment, or to an environmental impact assessment pursuant

to regulation 10 of the Environmental Impact Assessment Regulations, S.L. 549.46.

such a determination or environmental impact assessment shall be

limited to the potential impact arising from a change or extension

compared to the original project.

(3) Where the repowering of a solar installation does not entail

the use of additional space and complies with the applicable

environmental mitigation measures established for the original solar

installation, the project shall be exempt from any applicable

requirements to carry out a screening process provided for in

regulation 38(9), to determine whether the project requires an

environmental impact assessment, or the carrying out of an

environmental impact assessment pursuant to regulation 10 of the

Environmental Impact Assessment Regulations.

(1) The relevant authorities shall ensure that the permit-

granting procedure referred to in regulation 37 for the installation of

solar energy equipment and co-located energy storage, including

building-integrated solar installations, in existing or future artificial

structures, with the exclusion of artificial water surfaces, shall not

exceed three (3) months, provided that the primary aim of such

artificial structures is not solar energy production or energy storage.

(2) Certain areas or structures may be excluded from the

application of the time frame established in sub-regulation (1) for the

purpose of protecting cultural or historical heritage, national defence

interests, or safety reasons.

(3) By way of derogation from regulation 10(2) of the

Environmental Impact Assessment Regulations, and from items

3.1.2.1, 3.4.2.1 and 10.0.2.7, alone or in conjunction with item

13.0.1.1 of Schedule I to the said regulations, the installation of solar

equipment referred to in sub-regulation (1) shall be exempt from the

requirement, if applicable, to carry out a dedicated environmental

impact assessment pursuant to regulation 6(1) of the said regulations.

(4) The relevant authorities shall ensure that the permit-

granting procedure for the installation of solar energy equipment with

a capacity of one hundred kilowatts (100 kW) or less, including for

renewables self-consumers and renewable energy communities, shall

not exceed one (1) month.

(5) In respect of the permit-granting procedure referred to in

sub-regulation (4), the lack of reply by the relevant authorities or

entities within the established deadline following the submission of a

complete application shall result in the permit being considered as

granted, provided that the capacity of the solar energy equipment does

not exceed the existing capacity of the connection to the distribution

grid.

(6)

Where the application of the capacity threshold referred to

in sub-regulation (4) leads to a significant administrative burden or to

constraints to the operation of the electricity grid, a lower capacity

threshold may be applied, which shall in all cases, remain above ten

point eight kilowatts (10.8 kW).

(1) The relevant authorities shall ensure that any permit- Permit-granting

granting procedure which may be applicable to the installation of heat procedure

the installation

pumps below fifty megawatts (50 MW) shall not exceed one (1) of heat pumps.

month, provided that in the case of ground source heat pumps, any

applicable permit-granting procedure shall not exceed three (3)

months.

(2) The relevant authorities shall ensure that connections to the

transmission or distribution grid shall be permitted within two (2)

weeks of the notification to the relevant entity for

(a) heat pumps of up to twelve kilowatts (12 kW)

electrical capacity; and

(b) heat pumps of up to fifty kilowatts (50 kW) electrical

capacity installed by renewables self-consumers, provided that

the electrical capacity of a renewables self-consumer’s

renewable electricity generation installation amounts to at least

sixty percent (60%) of the electrical capacity of the heat pump.

(3) The time frame established in sub-regulation (2) shall not

be applicable where

(a)

there are justified safety concerns; or

(b)

further works are required for grid connections; or

(c) there is technical incompatibility of the system

components.

(4) Relevant authorities may exclude certain areas or structures

from the application of sub-regulations (1) and (2) for the purpose of

protecting cultural or historical heritage, national defence interests or

safety reasons.

(5) Relevant authorities shall make all decisions resulting from

the permit-granting procedure referred to in this regulation publicly

available in accordance with any applicable laws.

(1) Until climate neutrality is achieved, the relevant

authorities shall ensure that, in the permit-granting procedure, the

planning, construction and operation of renewable energy plants, the

connection of such plants to the grid, the related grid itself and storage

assets are presumed as being in the overriding public interest and

serving public health and safety when balancing legal interests in

individual cases for the purposes of regulations 19(2), 19(3) and 44(c)

of the Flora, Fauna and Natural Habitats Protection Regulations,

regulation 5(7) of the Water Policy Framework Regulations, and

paragraphs (a) to (d) of regulation 9(1) of the Conservation of Wild

Birds Regulations.

(2) In duly justified and specific circumstances, the application

of sub-regulation (1) may be restricted to certain parts of the Maltese

territory, to certain types of technology or to projects with certain

technical characteristics in accordance with the priorities established

in Malta’s integrated national energy and climate plans submitted

pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999, subject to

the Commission being informed of such restrictions, together with the

reasons therefore.

(1) The Regulator shall establish a simple-notification

procedure for grid connections by which installations or aggregated

production units of renewables self-consumers and demonstration

projects, with an electrical capacity of ten point eight kilowatts (10.8

kW) or less, or of a capacity which is equivalent thereto for

connections other than three-phase connections, shall 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 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 ten point eight kilowatts (10.8 kW) and up to fifty

kilowatts (50 kW), provided that grid stability, grid reliability and grid

safety are maintained.

(1) Where relevant, the Regulator shall require Access to the

transmission system operators and distribution system operators in grid

operation

Malta to publish technical rules in accordance with regulation 10 of thereof.

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 submitted pursuant to Articles 3 and

14 of Regulation (EU) 2018/1999 and in accordance with Annex I to

the said Regulation on the necessity to build new infrastructure for

district heating and cooling from renewable sources in order to achieve

the overall Union target referred to in regulation 3(1) the Minister

shall, where relevant, take the necessary steps with a view to

developing efficient district heating and cooling infrastructure to

promote heating and cooling from renewable sources, such as solar

thermal energy, solar photovoltaic energy, renewable electricity driven

heat pumps using ambient energy and geothermal energy, other

geothermal energy technology, biomass, biogas, bioliquids and waste

heat and cold, where possible in combination with thermal energy

storage, demand-response systems and power to heat installations.

(1) The distribution system operator designated in Facilitating

accordance with regulation 27 of the Electricity Regulations shall system

integration of

make available data on the share of renewable electricity and the renewable

electricity.

greenhouse gas emissions content of the electricity supplied, as S.L. 545.34.

accurately as possible in intervals of not more than one (1) hour, with

forecasting where available.

(2) The Minister shall provide incentives for upgrades of smart

grids for better grid balance monitoring and for real time data

availability.

(3) Where this is technically available, the distribution system

operator shall also make available anonymised and aggregated data on

the demand response potential and the renewable electricity generated

and injected to the grid by self-consumers and renewable energy

communities.

(4) The data referred to in sub-regulation (1) shall be made

available digitally in a manner that ensures interoperability on the

basis of harmonised data formats and standardised data sets so that it

can be used in a non-discriminatory manner by electricity market

participants, aggregators, consumers and end-users, and that it can be

read by electronic communication devices such as smart metering

systems, electric vehicle recharging points, heating and cooling

systems and building energy management systems.

(5) In addition to the requirements stipulated in Regulation (EU)

2023/1804, non-publicly accessible normal power recharging points

which are new or being replaced shall support smart recharging

functionalities and, where appropriate, the interface with smart metering

systems, and bi-directional recharging functionalities in accordance with

the requirements of Article 15(3) and (4) of the said Regulation.

(6) In addition to the requirements stipulated in Regulation

(EU) 2019/943 and the Electricity Regulations, small or mobile

systems such as domestic batteries and electric vehicles and other

small, decentralised energy sources shall be entitled to participate in

the electricity markets, including congestion management and the

provision of flexibility and balancing services, including through

aggregation

Provided that to this end the Minister in cooperation with

all market participants and regulatory authorities, shall establish the

technical requirements for participation in the electricity markets, on

the basis of the technical characteristics of those systems

Provided further that this shall be without prejudice to

Malta’s exercise of the derogations from Articles 4 and 6 of Directive

(EU) 2019/944.

(7) A level playing field and non-discriminatory participation

in the electricity markets shall be ensured for small, decentralised

energy assets or mobile systems.

(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.

(1) The deployment of renewable electricity to a level

that is consistent with Malta’s contribution to the Union’s targets and

at a pace that is consistent with the indicative trajectories referred to in

point (a)(2) of Article 4 of Regulation (EU) 2018/1999 shall, without

prejudice to Malta’s exercise of the derogations from Articles 4 and 6

of Directive (EU) 2019/944, be enabled by the applicability of

regulation 54A of the Electricity Regulations which shall, subject to

the conditions therein, provide for the purchase of all renewable

electricity produced in Malta and exported to the grid.

(2) A summary of the policies and measures addressing

barriers to a high level of renewable electricity supply, including those

related to permit-granting procedures and to the development of the

necessary transmission, distribution and storage infrastructure,

including co-located energy storage, where such barriers are not

associated with the exercise of the derogations referred to in sub-

regulation (1), together with an assessment of their implementation,

shall be included in the integrated national energy and climate plans

submitted pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999

and in the integrated national energy and climate progress reports

submitted pursuant to Article 17 of the said Regulation.

(3) The policies and measures referred to in sub-regulation (2)

shall take into account the additional renewable electricity required to

meet demand in the transport, industry, building and heating and

cooling sectors and for the production of renewable fuels of non-

biological origin.

(4) Based on the outcome of the relative assessments of any

existing regulatory and administrative barriers to long-term renewable

energy purchase agreements, where such regulatory and administrative

barriers are independent of Malta’s exercise of the derogations from

Articles 4 and 6 of Directive (EU) 2019/944, the Minister shall,

without prejudice to the continued exercise of such derogations,

remove unjustified barriers to, and promote the uptake of, such

agreements, including by exploring how to reduce the financial risks

associated with them, in particular by using credit guarantees

Provided that during the subsistence of the exercise of such

derogations, regulation 54A of the Electricity Regulations shall S.L. 545.34.

continue to apply to the purchase of all renewable electricity produced

in Malta and exported to the grid, subject to the conditions therein.

(5) The agreements referred to in sub-regulation (4) shall not

be subject to disproportionate or discriminatory procedures or charges,

and any associated guarantees of origin shall be transferable to the

buyer of the renewable energy under the renewable energy purchase

agreement.

(6) Any policies and measures promoting the uptake of the

renewable energy purchase agreements referred to in sub-regulation

(4) shall be described in Malta’s integrated national energy and climate

plans submitted pursuant to Articles 3 and 14 of Regulation (EU)

2018/1999 and the integrated national energy and climate progress

reports submitted pursuant to Article 17 of the said Regulation.

(7)

The progress reports referred to in sub-regulation (6) shall

also provide an indication of renewable energy generation that is

supported by renewable energy purchase agreements.

(8) Sub-regulations (4) and (5) shall be without prejudice to the

exercise of the derogations granted under Article 66 of Directive (EU)

2019/944.

PART VI

Miscellaneous

(1) The Regulator may impose an administrative penalty

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 penalty imposed under sub-regulation

(1) shall not exceed one hundred thousand euro (€100,000) for each

breach.

(3) An administrative penalty imposed under sub-regulation

(1) shall follow the procedure applicable thereto in accordance with

article 13 of the Act and any appeal therefrom shall be made in

accordance with Part VI of the Act.

(1) The Promotion of Energy from Renewable Sources

Regulations are hereby repealed without prejudice to anything done or

omitted to be done thereunder.

(2) Upon the coming into force of these regulations, the words

and phrases referred to in the third column of the Seventh Schedule,

which words and phrases occur in the provisions specified in the

second column of the said Schedule, which provisions are to be found

in the enactments referred to in the first column of the said Schedule,

shall be amended in accordance with the amendments referred to in the

fourth column of the said Schedule.

2

fuel in CHP plant ( *1 ))

sugar beet ethanol (with biogas from slop, lignite as

27.6

33.9

process fuel in CHP plant ( *1 ))

corn (maize) ethanol (natural gas as process fuel in

48.5

8

conventional boiler)

corn (maize) ethanol, (natural gas as process fuel in CHP

42.5

48.5

plant ( *1 ))

corn (maize) ethanol (lignite as process fuel in CHP

56.3

5

żejt veġetali safi miż-żejt tal-palm (proċess bil-qbid tal-metan fil-mitħna taż-

38.5

40.3

żejt)

żejt safi mill-iskart taż-żejt tat-tisjir

2.0

( *1 ) Valuri awtomatiċi għall-ipproċessar bl-użu tas-CHP huma validi biss jekk is-sħana tal-proċess hija fornuta

kollha bis-CHP.

( *2 ) Nota: tapplika biss għal bijokarburanti prodotti minn prodotti sekondarji tal-annimali kklassifikat bħala

materjal tal-kategorija 1 u 2 skont ir-Regolament (KE) Nru 1069/2009, li għalihom l-emissjonijiet relatati mal-

iġenizzazzjoni bħala parti mit-tħin fin (rendering) mhumiex ikkunsidrati.

Taqsima E.

VALURI AWTOMATIĊI DIŻAGGREGATI STMATI GĦALL-BIJOKARBURANTI U L-BIJOLIKWIDI

FUTURI LI MA KINUX FIS-SUQ JEW LI KIENU FIS-SUQ FI KWANTITAJIET NEGLIĠIBBLI BISS FL-

Valuri awtomatiċi diżaggregati għall-kultivazzjoni: “e ec ” kif definit fit-Taqsima Ċ ta' din l-Iskeda, inkluż l-

emissjonijiet tan-N 2 O (inkluż it-tqattigħ tal-iskart tal-injam u l-injam ikkoltivat)

Mogħdija tal-produzzjoni tal-bijokarburanti u bijolikwidi

Emissjonijiet ta' Emissjonijiet ta'

gassijiet serra - gassijiet serra -

valur tipiku valur awtomatiku

(g CO 2 eq/MJ)

(g CO 2 eq/MJ)

etanol tat-tiben tal-qamħ

1.8

1.8

diżil Fischer-Tropsch mill-iskart tal-injam f'impjant awtonomu

3.3

3.3

diżil Fischer-Tropsch mill-injam imkabbar f'impjant awtonomu

8.2

8.2

petrol Fischer-Tropsch mill-iskart tal-injam f’impjant awtonomu

3.3

3.3

petrol Fischer-Tropsch mill-injam imkabbar f’impjant awtonomu

8.2

8.2

dimetileter (DME) mill-iskart tal-injam f'impjant awtonomu

3.1

3.1

dimetileter DME mill-injam ikkoltivat f'impjant awtonomu

7.6

7.6

metanol mill-iskart tal-injam f'impjant awtonomu

3.1

3.1

metanol mill-injam imkabbar f'impjant awtonomu

7.6

7.6

diżil Fischer Tropsch mill-gassifikazzjoni tal-likur iswed integrat mal-

2.5

2.5

polpa

petrol Fischer Tropsch mill-gassifikazzjoni tal-likur iswed integrat mal-

2.5

2.5

polpa

dimetileter DME mill-gassifikazzjoni tal-likur iswed integrat mal-polpa

2.5

2.5

Metanol mill-gassifikazzjoni tal-likur iswed integrat mal-polpa

2.5

2.5

il-parti minn sorsi rinnovabbli ta' MTBE

Ugwali għal dik tal-mogħdija użata

għall-produzzjoni ta' metanol

Valuri diżaggregati awtomatiċi għall-emissjonijiet tal-N 2 O tal-ħamrija (inklużi l-valuri diżaggregati awtomatiċi

għall-emissjonijiet tal-kultivazzjoni fit-tabella “e ec ”)

Mogħdija tal-produzzjoni tal-bijokarburanti u bijolikwidi

etanol tat-tiben tal-qamħ

diżil Fischer-Tropsch mill-iskart tal-injam f'impjant awtonomu

diżil Fischer-Tropsch mill-injam imkabbar f'impjant awtonomu

petrol Fischer-Tropsch mill-iskart tal-injam f'impjant awtonomu

petrol Fischer-Tropsch mill-injam imkabbar f'impjant awtonomu

dimetileter (DME) mill-iskart tal-injam f'impjant awtonomu

dimetileter DME mill-injam ikkoltivat f'impjant awtonomu

metanol mill-iskart tal-injam f'impjant awtonomu

metanol mill-injam imkabbar f'impjant awtonomu

diżil Fischer-Tropsch mill-gassifikazzjoni tal-likur iswed integrat mal-polpa

petrol Fischer-Tropsch mill-gassifikazzjoni tal-likur iswed integrat mal-

polpa

dimetileter DME mill-gassifikazzjoni tal-likur iswed integrat mal-polpa

Metanol mill-gassifikazzjoni tal-likur iswed integrat mal-polpa

il-parti minn sorsi rinnovabbli ta' MTBE

Valuri awtomatiċi diżaggregati għall-ipproċessar: “e p ” kif definit fit-Taqsima Ċ ta' din l-Iskeda

Mogħdija tal-produzzjoni tal-bijokarburanti u bijolikwidi

etanol tat-tiben tal-qamħ

diżil Fischer-Tropsch mill-iskart tal-injam f'impjant awtonomu

diżil Fischer-Tropsch mill-injam imkabbar f'impjant awtonomu

petrol Fischer-Tropsch mill-iskart tal-injam f'impjant awtonomu

petrol Fischer-Tropsch mill-injam imkabbar f'impjant awtonomu

dimetileter (DME) mill-iskart tal-injam f'impjant awtonomu

dimetileter (DME) mill-injam imkabbar f'impjant awtonomu

metanol mill-iskart tal-injam f'impjant awtonomu

metanol mill-injam imkabbar f'impjant awtonomu

diżil Fischer - Tropsch mill-gassifikazzjoni tal-likur iswed integrat mal-

polpa

petrol Fischer Tropsch mill-gassifikazzjoni tal-likur iswed integrat mal-

polpa

dimetileter DME mill-gassifikazzjoni tal-likur iswed integrat mal-polpa

Ugwali għal dik tal-mogħdija użata għall-produzzjoni ta' metanol

il-parti minn sorsi rinnovabbli ta' MTBE

Valuri diżaggregati awtomatiċi għat-trasport u d-distribuzzjoni: “e td ” kif definit fit-Taqsima Ċ ta' din l-Iskeda

Mogħdija tal-produzzjoni tal-bijokarburanti u bijolikwidi

Emissjonijiet ta' Emissjonijiet ta'

gassijiet serra - gassijiet serra -

etanol tat-tiben tal-qamħ

diżil Fischer-Tropsch mill-iskart tal-injam f’impjant awtonomu

diżil Fischer-Tropsch mill-injam imkabbar f'impjant awtonomu

petrol Fischer-Tropsch mill-iskart tal-injam f’impjant awtonomu

petrol Fischer-Tropsch mill-injam imkabbar f'impjant awtonomu

dimetileter (DME) mill-iskart tal-injam f’impjant awtonomu

dimetileter (DME) mill-injam imkabbar f'impjant awtonomu

metanol mill-iskart tal-injam f’impjant awtonomu

metanol mill-injam imkabbar f'impjant awtonomu

diżil Fischer - Tropsch mill-gassifikazzjoni tal-likur iswed integrat mal-

polpa

petrol Fischer Tropsch mill-gassifikazzjoni tal-likur iswed integrat mal-

polpa

dimetileter (DME) mill-gassifikazzjoni tal-likur iswed integrat mal-polpa

Ugwali għal dik tal-mogħdija użata għall-produzzjoni ta' metanol

il-parti minn sorsi rinnovabbli ta' MTBE

Ugwali għal dik tal-mogħdija użata

għall-produzzjoni ta' metanol

Valuri diżaggregati awtomatiċi għat-trasport u d-distribuzzjoni ta' karburanti finali biss. Dawn diġà huma inklużi

fit-tabella ta' “emissjonijiet tat-trasport u d-distribuzzjoni e td ” kif definita fit-Taqsima Ċ ta' din l-Iskeda, iżda l-

valuri li ġejjin huma utli jekk operatur ekonomiku jixtieq jiddikjara emissjonijiet tat-trasport attwali għat-trasport

tal-materja prima biss).

Mogħdija tal-produzzjoni tal-bijokarburanti u bijolikwidi

Emissjonijiet ta'

gassijiet serra -

valur tipiku

(g CO 2 eq/MJ)

etanol tat-tiben tal-qamħ

1.6

diżil Fischer-Tropsch mill-iskart tal-injam f'impjant awtonomu

1.2

diżil Fischer-Tropsch mill-injam imkabbar f'impjant awtonomu

1.2

petrol Fischer-Tropsch mill-iskart tal-injam f'impjant awtonomu

1.2

petrol Fischer-Tropsch mill-injam imkabbar f'impjant awtonomu

1.2

dimetileter (DME) mill-iskart tal-injam f'impjant awtonomu

2.0

dimetileter (DME) mill-injam ikkoltivat f'impjant awtonomu

2.0

metanol mill-iskart tal-injam f'impjant awtonomu

2.0

metanol mill-injam imkabbar f'impjant awtonomu

2.0

diżil Fischer Tropsch mill-gassifikazzjoni tal-likur iswed integrat mal- 2.0

polpa

petrol Fischer Tropsch mill-gassifikazzjoni tal-likur iswed integrat 2.0

mal-polpa

dimetileter (DME) mill-gassifikazzjoni tal-likur iswed integrat mal- 2.0

polpa

Ugwali għal dik tal-mogħdija użata għall-produzzjoni ta' metanol

2.0

il-parti minn sorsi rinnovabbli ta' MTBE

Ugwali għal dik tal-mogħdija użata għall-

produzzjoni ta' metanol

Total għall-kultivazzjoni, l-ipproċessar, it-trasport u d-distribuzzjoni

Mogħdija tal-produzzjoni tal-bijokarburanti u bijolikwidi

Emissjonijiet ta'

etanol tat-tiben tal-qamħ

diżil Fischer-Tropsch mill-iskart tal-injam f’impjant awtonomu

diżil Fischer-Tropsch mill-injam imkabbar f'impjant awtonomu

petrol Fischer-Tropsch mill-iskart tal-injam f’impjant awtonomu

petrol Fischer-Tropsch mill-injam imkabbar f'impjant awtonomu

dimetileter (DME) mill-iskart tal-injam f’impjant awtonomu

dimetileter (DME) mill-injam imkabbar f'impjant awtonomu

metanol mill-iskart tal-injam f’impjant awtonomu

metanol mill-injam imkabbar f'impjant awtonomu

diżil Fischer - Tropsch mill-gassifikazzjoni tal-likur iswed integrat

mal-polpa

petrol Fischer Tropsch mill-gassifikazzjoni tal-likur iswed integrat

mal-polpa

dimetileter DME mill-gassifikazzjoni tal-likur iswed integrat mal-

polpa

Ugwali għal dik tal-mogħdija użata għall-produzzjoni ta' metanol

Ugwali għal dik tal-mogħdija użata għall-

il-parti minn sorsi rinnovabbli ta' MTBE

produzzjoni ta' metanol

8

plant ( *1 ))

corn (maize) ethanol (forest residues as process fuel in

29.5

30.3

CHP plant ( *1 ))

other cereals excluding maize ethanol (natural gas as

50.2

58.5

process fuel in conventional boiler)

other cereals excluding maize ethanol (natural gas as

44.3

50.3

process fuel in CHP plant ( *1 ))

other cereals excluding maize ethanol (lignite as process

59.5

7

fuel in CHP plant ( *1 ))

other cereals excluding maize ethanol (forest residues as

30.7

31.4

process fuel in CHP plant ( *1 )

sugar cane ethanol

28.1

28.6

the part from renewable sources of ETBE

Equal to that of the ethanol production pathway

used

the part from renewable sources of TAEE

Equal to that of the ethanol production pathway

used

rape seed biodiesel

45.5

50.1

sunflower biodiesel

40.0

44.7

soybean biodiesel

42.2

47.0

palm oil biodiesel (open effluent pond)

63.3

5

palm oil biodiesel (process with methane capture at oil

46.1

51.4

mill)

waste cooking oil biodiesel

11.2

14.9

*1

animals fats from rendering biodiesel ( )

15.2

20.7

hydrotreated vegetable oil from rape seed

45.8

50.1

hydrotreated vegetable oil from sunflower

39.4

43.6

hydrotreated vegetable oil from soybean

42.2

46.5

hydrotreated vegetable oil from palm oil (open effluent

62.1

73.2

pond)

hydrotreated vegetable oil from palm oil (process with

44.0

47.9

methane capture at oil mill)

hydrotreated oil from waste cooking oil

11.9

16.0

*2

hydrotreated oil from animal fats from rendering ( )

16.0

21.8

pure vegetable oil from rape seed

38.5

40.0

pure vegetable oil from sunflower

32.7

34.3

pure vegetable oil from soybean

35.2

36.9

pure vegetable oil from palm oil (open effluent pond)

56.4

65.5

pure vegetable oil from palm oil (process with methane

38.5

40.3

capture at oil mill)

pure oil from waste cooking oil

2.0

2.2

*1

( ) Default values for processes using CHP are valid only if all the process heat is supplied by CHP.

( *2 ) Note: applies only to biofuels produced from animal by-products classified as category 1 and 2 material in

accordance with Regulation (EC) No 1069/2009, for which emissions related to hygenisation as part of the

rendering are not considered.

Part E.

ESTIMATED DISAGGREGATED DEFAULT VALUES FOR FUTURE BIOFUELS AND BIOLIQUIDS

THAT WERE NOT ON THE MARKET OR WERE ONLY ON THE MARKET IN NEGLIGIBLE

QUANTITIES IN 2016

Disaggregated default values for cultivation: ‘e ec ’ as defined in Part C of this Schedule, including N 2 O emissions

(including chipping of waste or farmed wood)

Biofuel and bioliquid production pathway

Greenhouse gas emissions –

Greenhouse gas emissions –

typical value

default value

(g CO 2 eq/MJ)

(g CO 2 eq/MJ)

wheat straw ethanol

1.8

1.8

waste wood Fischer-Tropsch diesel in free-standing

3.3

3.3

plant

farmed wood Fischer-Tropsch diesel in free-standing

8.2

8.2

plant

waste wood Fischer-Tropsch petrol in free-standing

3.3

3.3

plant

farmed wood Fischer-Tropsch petrol in free-standing

8.2

8.2

plant

waste wood dimethylether (DME) in free-standing

3.1

3.1

plant

farmed wood dimethylether (DME) in free-standing

7.6

7.6

plant

waste wood methanol in free-standing plant

3.1

3.1

farmed wood methanol in free-standing plant

7.6

7.6

Fischer-Tropsch diesel from black-liquor gasification

2.5

2.5

integrated with pulp mill

Fischer-Tropsch petrol from black-liquor gasification

2.5

2.5

integrated with pulp mill

dimethylether (DME) from black-liquor gasification

2.5

2.5

integrated with pulp mill

Methanol from black-liquor gasification integrated

2.5

2.5

with pulp mill

the part from renewable sources of MTBE

Equal to that of the methanol production pathway

used

Disaggregated default values for soil N 2 O emissions (included in disaggregated default values for cultivation

emissions in the ‘e ec ’ table)

Biofuel and bioliquid production pathway

Greenhouse gas emissions –

Greenhouse gas emissions –

typical value

default value

(g CO 2 eq/MJ)

(g CO 2 eq/MJ)

wheat straw ethanol

waste wood Fischer-Tropsch diesel in free-

standing plant

farmed wood Fischer-Tropsch diesel in free-

4.4

4.4

standing plant

waste wood Fischer-Tropsch petrol in free-

standing plant

farmed wood Fischer-Tropsch petrol in free-

4.4

4.4

standing plant

waste wood dimethylether (DME) in free-

standing plant

farmed wood dimethylether (DME) in free-

4.1

4.1

standing plant

waste wood methanol in free-standing plant

farmed wood methanol in free-standing plant

4.1

4.1

Fischer-Tropsch diesel from black-liquor

gasification integrated with pulp mill

Fischer-Tropsch petrol from black-liquor

gasification integrated with pulp mill

dimethylether (DME) from black-liquor

gasification integrated with pulp mill

Methanol from black-liquor

gasification

integrated with pulp mill

the part from renewable sources of MTBE

Equal to that of the methanol production pathway used

Disaggregated default values for processing: ‘e p ’ as defined in Part C of this Schedule

Biofuel and bioliquid production pathway

Greenhouse gas emissions –

Greenhouse gas emissions – default

typical value

value

(g CO 2 eq/MJ)

(g CO 2 eq/MJ)

wheat straw ethanol

4.8

6.8

waste wood Fischer-Tropsch diesel in free-

0.1

0.1

standing plant

farmed wood Fischer-Tropsch diesel in free-

0.1

0.1

standing plant

waste wood Fischer-Tropsch petrol in free-

0.1

0.1

standing plant

farmed wood Fischer-Tropsch petrol in free-

0.1

0.1

standing plant

waste wood dimethylether (DME) in free-

standing plant

farmed wood dimethylether (DME) in free-

standing plant

waste wood methanol in free-standing plant

farmed wood methanol in free-standing plant

Fischer-Tropsch diesel from black-liquor

gasification integrated with pulp mill

Fischer-Tropsch petrol from black-liquor

gasification integrated with pulp mill

dimethylether (DME) from black-liquor

gasification integrated with pulp mill

methanol from black-liquor

gasification

integrated with pulp mill

the part from renewable sources of MTBE

Equal to that of the methanol production pathway used

Disaggregated default values for transport and distribution: ‘e td ’ as defined in Part C of this Schedule

Biofuel and bioliquid production pathway

Greenhouse gas emissions –

Greenhouse gas emissions –

typical value

default value

(g CO 2 eq/MJ)

(g CO 2 eq/MJ)

wheat straw ethanol

7.1

7.1

waste wood Fischer-Tropsch diesel in free-standing

12.2

12.2

plant

farmed wood Fischer-Tropsch diesel in free-standing

8.4

8.4

plant

waste wood Fischer-Tropsch petrol in free-standing

12.2

12.2

plant

farmed wood Fischer-Tropsch petrol in free-standing

8.4

8.4

plant

waste wood dimethylether (DME) in free-standing plant

12.1

12.1

farmed wood dimethylether (DME) in free-standing

8.6

8.6

plant

waste wood methanol in free-standing plant

12.1

12.1

farmed wood methanol in free-standing plant

8.6

8.6

Fischer-Tropsch diesel from black-liquor gasification

7.7

7.7

integrated with pulp mill

Fischer-Tropsch petrol from black-liquor gasification

7.9

7.9

integrated with pulp mill

dimethylether (DME) from black-liquor gasification

7.7

7.7

integrated with pulp mill

methanol from black-liquor gasification integrated with

7.9

7.9

pulp mill

the part from renewable sources of MTBE

Equal to that of the methanol production pathway

used

Disaggregated default values for transport and distribution of final fuel only. These are already included in the

table of ‘transport and distribution emissions e td ’ as defined in Part C of this Schedule, but the following values

are useful if an economic operator wishes to declare actual transport emissions for feedstock transport only).

Biofuel and bioliquid production pathway

Greenhouse gas emissions –

Greenhouse gas emissions –

typical value

default value

(g CO 2 eq/MJ)

(g CO 2 eq/MJ)

wheat straw ethanol

1.6

1.6

waste wood Fischer-Tropsch diesel in free-standing

1.2

1.2

plant

farmed wood Fischer-Tropsch diesel in free-standing

1.2

1.2

plant

waste wood Fischer-Tropsch petrol in free-standing

1.2

1.2

plant

farmed wood Fischer-Tropsch petrol in free-standing

1.2

1.2

plant

waste wood dimethylether (DME) in free-standing

2.0

2.0

plant

farmed wood dimethylether (DME) in free-standing

2.0

2.0

plant

waste wood methanol in free-standing plant

2.0

2.0

farmed wood methanol in free-standing plant

2.0

2.0

Fischer-Tropsch diesel from black-liquor gasification

2.0

2.0

integrated with pulp mill

Fischer-Tropsch petrol from black-liquor gasification

2.0

2.0

integrated with pulp mill

dimethylether (DME) from black-liquor gasification

2.0

2.0

integrated with pulp mill

methanol from black-liquor gasification integrated

2.0

2.0

with pulp mill

the part from renewable sources of MTBE

Equal to that of the methanol production pathway

used

Total for cultivation, processing, transport and distribution

Biofuel and bioliquid production pathway

Greenhouse gas emissions –

Greenhouse gas emissions –

typical value

default value

(g CO 2 eq/MJ)

(g CO 2 eq/MJ)

wheat straw ethanol

13.7

15.7

waste wood Fischer-Tropsch diesel in free-standing

15.6

15.6

plant

farmed wood Fischer-Tropsch diesel in free-standing

16.7

16.7

plant

waste wood Fischer-Tropsch petrol in free-standing

15.6

15.6

plant

farmed wood Fischer-Tropsch petrol in free-standing

16.7

16.7

plant

waste wood dimethylether (DME) in free-standing

15.2

15.2

plant

farmed wood dimethylether (DME) in free-standing

16.2

16.2

plant

waste wood methanol in free-standing plant

15.2

15.2

farmed wood methanol in free-standing plant

16.2

16.2

Fischer-Tropsch diesel from black-liquor gasification

10.2

10.2

integrated with pulp mill

Fischer-Tropsch petrol from black-liquor gasification

10.4

10.4

integrated with pulp mill

dimethylether (DME) from black-liquor gasification

10.2

10.2

integrated with pulp mill

methanol from black-liquor gasification integrated with

10.4

10.4

pulp mill

the part from renewable sources of MTBE

Equal to that of the methanol production pathway

used