GUARANTEES OF ORIGIN OF ELECTRICITY FROM HIGH-EFFICIENCY COGENERATION AND OF ENERGY FROM RENEWABLE ENERGY SOURCES

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

SUBSIDIARY LEGISLATION 545.36

GUARANTEES OF ORIGIN OF ELECTRICITY FROM

HIGH-EFFICIENCY COGENERATION AND OF

ENERGY FROM RENEWABLE ENERGY SOURCES

REGULATIONS *

28th December, 2021

LEGAL NOTICE 504 of 2021.

(1)

The title of these regulations is the Guarantees of

Origin of Electricity from High-Efficiency Cogeneration and of

Energy from Renewable Energy Sources Regulations.

(2)

The scope of these regulations is to establish a

regulatory framework for the issuing of guarantees of origin for

electricity produced from high-efficiency cogeneration and, or

energy produced from renewable energy sources and, for the

purposes of providing to final consumers the share or quantity of

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

and in the energy supplied to consumers under contracts marketed

with reference to the consumption of energy from renewable

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

renewable energy sources can be guaranteed in accordance with

objective, transparent and non-discriminatory criteria. These

regulations transpose Article 19 of Directive (EU) 2018/2001 of the

European Parliament and of the Council of 11 December 2018 on the

promotion of the use of energy from renewable sources (recast).

(Regulation 4(3))

Information to be submitted with an application for the issuing

of a guarantee of origin

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

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

2. Where the person signing a statement of entitlement

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

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

the statement.

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

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

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

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

4. The commencement and termination of the period

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

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

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

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

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

operational.

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

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

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

period covered by the application.

7. Where electricity in respect of which an application for

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

from a high-efficiency cogeneration

(a)

the information relating to the plant in relation to

the First and Second Schedules to the Energy Efficiency

Regulations;

(b)

the primary source of fuel from which the

electricity was produced;

(c)

the heat to power ratio of the plant; and

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

(d)

the amount of useful heat being utilised during the

period for which the application is being submitted.

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

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

renewable energy sources

(a)

the energy source from which the energy was

produced; and

(b)

the declared net capacities of the installation, with

respect to each source of energy from which the energy was

produced.

9. Such further information as the Regulator may, in

particular circumstances, reasonably require

(a)

for the purpose of ensuring the accuracy of the

information required under items 1 to 8 hereof; or

(b)

to enable the Regulator to be satisfied that any

electricity produced is from high-efficiency cogeneration or

that any energy produced is from renewable energy sources.

(1)

Unless otherwise required under these regulations,

the definitions prescribed under the Regulator for Energy and Water

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

Energy from Renewable Sources Regulations shall apply.

(2)

For the purposes of these regulations, and unless the

context otherwise requires

"Act" means the Regulator for Energy and Water

Services Act;

"energy producer" shall have the same meaning as

assigned to it in the Biofuels, Bioliquids and Biomass Fuels

(Sustainability Criteria) Regulations;

"energy supplier" shall have the same meaning as that

assigned to it in the Biofuels, Bioliquids and Biomass Fuels

(Sustainability Criteria) Regulations;

*These regulations have been repealed by Legal Notice 94 of 2026.

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

"final customer" means a natural or legal person who

purchases energy for own use;

"guarantee of origin" means an electronic document

issued by the Regulator which has the sole function of

providing evidence to a final customer that a given share or

quantity of electricity was produced from high-efficiency

cogeneration or that a given share or quantity of energy was

produced from renewable energy sources;

"guarantee of origin holder" means the person in favour

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

whom it is transferred;

"Minister" means the Minister responsible for energy;

"Regulator" means the Regulator for Energy and Water

Services as established by article 3 of the Act;

"residual energy mix" means the total annual energy

mix for Malta, excluding the share covered by cancelled

guarantees of origin;

"statement of entitlement" means a statement made to the

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

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

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

of whom a guarantee of origin has been transferred by the

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

electricity produced from high-efficiency cogeneration and, or

to energy from renewable energy sources according to these

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

fulfil his obligations as regards production and, or supply of

electricity produced from high-efficiency cogeneration or that

produced from renewable energy sources.

(Regulation 5(6))

Information to be contained in a guarantee of origin

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

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

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

heating or cooling.

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

3. The reference number given to the guarantee of origin

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

issued by the Maltese Regulator for Energy and Water Services.

4. The commencement and the termination dates of the

period to which the guarantee of origin relates.

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

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

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

operational.

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

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

to which the guarantee of origin relates.

7. The energy source or sources from which the electricity

or energy was produced.

8. The declared net capacities of the installation with

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

was produced.

9. In the case of electricity produced from high-

efficiency cogeneration

(a)

the lower calorific value of the source of fuel from

which the electricity was produced;

(b)

the use of the heat generated together with the

electricity produced during the period for which the guarantee

of origin was issued;

(c)

the quantity of electricity from high-efficiency

cogeneration calculated in terms of the First Schedule to the

Energy Efficiency Regulations;

(d)

the primary energy savings calculated in terms of

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

Regulations;

(e)

the amount of heat utilised during the period to

which the guarantee of origin relates;

(f)

the quantity of fuel from which the electricity was

produced;

(g)

the power efficiency achieved;

(h)

the achieved overall efficiency;

(i)

the total quantity of electricity generated over the

period to which the guarantee of origin refers.

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

energy produced from installations of renewable energy sources, a

declaration that the installation has not benefited from investment

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

from a national support scheme.

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

(1)

The Regulator shall issue guarantees of origin to

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

producers of energy from renewable energy sources, upon compliance

with the requirements of these regulations

Provided that where electricity is generated from high-

efficiency cogeneration using renewable sources, only one guarantee

of origin specifying both characteristics may be issued.

(2)

The Regulator shall supervise the issuance, transfer and

cancellation of guarantees of origin.

(3)

The Regulator shall have non-overlapping geographical

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

responsibilities, and shall be independent of production, trade and

supply activities.

(Regulation 10)

Application fees payable

1. Application for the issuing of a guarantee of origin

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

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

2. Application for the replacement of a guarantee of origin

The applicable fee for applying for the replacement of a

guarantee of origin where the replacement is required owing to a

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

3. Application for the transfer of a guarantee of origin

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

origin is of twenty-five euro (€25).

(1)

An application for the issuing of a guarantee of

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

(2)

No application may be made with the Regulator for the

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

generated outside Malta.

(3)

An application for the issuing of a guarantee of origin

shall not be considered valid unless the Regulator is provided with

(a)

all the information listed in the First Schedule;

(b)

a statement of entitlement submitted by the

applicant; and

(c)

payment of the application fee for the issuing of

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

terms of regulation 10.

(4)

A statement of entitlement shall include the following

(a)

a declaration that the producer of electricity or

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

(b)

a declaration that such person has never submitted

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

guarantee of origin to any other person or authority outside

Malta with respect to the electricity or energy which is the

subject of the application.

(1)

The Regulator shall acknowledge in writing, to

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

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

application.

(2)

The Regulator shall issue a guarantee of origin in respect

of electricity produced from high-efficiency cogeneration and, or to

producers of energy produced from renewable energy sources having

regard to the following

(a)

an application received in accordance with

regulation 4; and

(b)

where it is satisfied that the electricity about

which the application is being made is duly produced from

high-efficiency cogeneration; or

(c)

where it is satisfied that the energy about which

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

the application is being made is duly produced from renewable

energy sources.

(3)

A guarantee of origin shall be issued to the person

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

in the application.

(4)

The guarantee of origin shall only be issued with regard

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

application refers to.

(5)

A guarantee of origin issued in relation to electricity

produced from high-efficiency cogeneration and, or energy produced

from renewable energy sources shall be issued with respect to each

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

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

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

(6)

A guarantee of origin

(a)

shall contain all the information listed in the

Second Schedule; and

(b)

may contain such other related information as the

Regulator may deem fit and appropriate to include;

Provided that simplified information may be specified on

guarantees of origin from installations of less than fifty kilowatts

(50kW).

(7)

Where a guarantee of origin has been issued in terms of

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

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

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

issued.

(8)

The Regulator may set a minimum capacity limit when

considering the energy unit of guarantees of origin.

(9)

The Regulator shall put in place appropriate

mechanisms to ensure that guarantees of origin shall be issued,

transferred and cancelled electronically, and are accurate, reliable

and fraud-resistant and shall ensure that the requirements imposed are

compliant with the standard CEN-EN 16325.

(10) The Regulator shall recognise guarantees of origin issued

by competent authorities in other Member States exclusively as proof

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

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

provided that such guarantees of origin are issued in accordance with

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

laws within those Member States which are in conformity with the

relevant European Union legislation. The Regulator may refuse to

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

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

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

transparent and non-discriminatory criteria. The Regulator shall notify

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

its decision.

(11) The Regulator shall not recognise guarantees of origins

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

agreement with that third country on mutual recognition of guarantees

of origin issued in the Union and compatible guarantees of origin

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

import or export of energy.

(1)

A holder of a guarantee of origin may request the

Regulator by means of an application submitted to the Regulator to

replace the guarantee of origin if

(a)

the holder of the of the guarantee of origin

believes that the guarantee of origin contains inaccurate

information; and

(b)

the application is made in writing to the Regulator

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

guarantee of origin.

(2)

An application for the replacement of a guarantee of

origin shall contain the following information

(a)

statement of the particulars of the guarantee of

origin that the holder believes are inaccurate; and

(b)

provision of all necessary information in support

of that request.

(3)

The Regulator shall within forty (40) working days from

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

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

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

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

Provided that the Regulator may where it deems it

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

Provided further that in either case mentioned in sub-

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

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

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

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

guarantee of origin has been tacitly granted by the Regulator.

(4)

The Regulator may extend the forty (40) working day

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

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

applicant in writing of such extended period.

(5)

If the Regulator decides to issue a replacement for the

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

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

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

(1)

If a guarantee of origin holder no longer operates

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

Regulator to transfer the guarantee of origin to the person who

operates that plant by means of an application.

(2)

An application for the transfer of a guarantee of origin

shall be valid if it contains the following

(a)

the details of the guarantee of origin in terms of

which an application for transfer is being made; and

(b)

the details of the existing holder of the guarantee

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

for transfer of the guarantee of origin is being made; and

(c)

satisfactory evidence of the matters referred to in

sub-regulation (1)

Provided that such application shall be accompanied by

the application fee applicable for the transfer of the guarantee of

origin.

(3)

The Regulator shall upon the receipt of a valid

application for the transfer of a guarantee of origin, amend the register

referred to in regulation 9.

(1)

The Regulator shall revoke a guarantee of origin

where

(a)

it decides that the guarantee of origin is

inaccurate;

(b)

it is satisfied that the information provided under

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

(c)

it is otherwise satisfied that the guarantee of

origin should not have been issued, is inaccurate, or was issued

to the wrong person.

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

(2)

Where the Regulator revokes a guarantee of origin, it

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

existing guarantee of origin in writing of such revocation.

(3)

A guarantee of origin which has been revoked by the

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

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

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

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

Regulator.

(1)

The Regulator shall maintain a register, which

may be in electronic format, and which shall contain the following

(a)

details of the application received for the issuing

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

origin issued by the Regulator, including the date when such

guarantee of origin was issued;

(b)

details of the guarantee of origin holder including

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

(c)

the energy source or sources from which the

electricity or energy is being produced and to which the

guarantee of origin relates;

(d)

the place whereby the electricity or energy to

which the guarantee of origin relates was produced; and

(e)

a list of those guarantees of origin which have

been revoked in terms of regulation 8 including the date when

such have been revoked.

(2)

The Regulator shall, when issuing guarantees of origin,

allocate a unique reference number to each.

(3)

The register shall be conclusive as regards whether a

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

holder thereof.

(1)

A non-refundable fee as established in the Third

Schedule shall be payable to the Regulator by the applicant together

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

guarantee of origin.

(2)

The Regulator shall not be required to process an

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

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

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

(1)

For the purposes of demonstrating to final

customers

the

share

or quantity of energy from renewable sources in

an energy supplier’s energy mix and in the energy supplied to

consumers under contracts marketed with reference to the

consumption of energy from renewable sources, a guarantee of origin

shall be valid for twelve (12) months after the production of the

relevant energy unit.

(2)

All guarantees of origin issued in terms of these

regulations for energy from renewable energy sources that have not

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

production of the energy unit.

(3)

Expired guarantees of origin for energy from renewable

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

Malta’s residual energy mix.

(4)

Where an electricity supplier is required to demonstrate

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

mix for the purposes of item 5 of the First Schedule to the Electricity

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

(a)

as regards the share of its energy mix

corresponding to non-tracked commercial offers, if any, for

which the supplier may use the residual mix; or

(b)

where no guarantee of origin is issued by the

Regulator as provided in regulation 12.

(5)

In making their disclosures regarding their energy mix,

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

quantity of electricity produced from high-efficiency cogeneration.

(6)

Suppliers shall use the information contained in

guarantees of origin to demonstrate compliance with the requirements

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

use of renewable energy coming from new installations.

(7)

For the purposes of disclosure referred to in sub-

regulations (4) to (6), energy companies shall cancel guarantees of

origin at the latest six (6) months after the end of the validity of the

guarantee of origin.

The Regulator shall not issue any guarantee of origin to a

producer of energy from renewable energy sources that receives

financial support from a support scheme.

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES