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 545.44

GUARANTEES OF ORIGIN OF ELECTRICITY FROM

HIGH-EFFICIENCY COGENERATION AND OF

ENERGY FROM RENEWABLE ENERGY SOURCES

REGULATIONS

17th April, 2026

LEGAL NOTICE 94 of 2026.

(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 ensuring that the origin of electricity

produced from high-efficiency cogeneration and the energy produced

from renewable energy sources may be guaranteed in accordance with

objective, transparent and non-discriminatory criteria. These

regulations transpose

(a)

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) amended by Article 1(9) 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; and

(b)

Article 26(13) and Annex XII of Directive (EU)

2023/1791 of the European Parliament and of the Council of 13

September 2023 on energy efficiency and amending Regulation

(EU) 2023/955 (recast).

(regulation 5(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 (5) of regulation 5 is not the same

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

the said statement.

3. Whether the person requesting the issuing of a guarantee

of origin is the producer, or otherwise, 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

submitted.

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

which the guarantee of origin is being requested are 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

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

the First and Second Schedules to the Energy Efficiency

Regulations;

(b)

the primary source of fuel from which the

electricity was produced;

(c)

the heat to power ratio of the plant; and

(d)

the amount of useful heat being utilised during the

period for which the application is being submitted.

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

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

renewable energy sources

(a)

the energy source from which the energy was

produced; and

(b)

the declared net capacities of the installation with

respect to each source of energy from which the energy was

produced.

9. Any 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; or

(b)

to enable the Regulator to be satisfied that any

electricity being produced is from high-efficiency cogeneration

or that any energy being produced is from renewable energy

sources.

(1)

Unless otherwise required under these regulations,

the terms defined in the Regulator for Energy and Water Services Act,

in the Energy Efficiency Regulations and in 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;

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

"energy supplier" shall have the same meaning as

assigned to it in the Biofuels, Bioliquids and Biomass Fuels

(Sustainability Criteria) Regulations;

"final customer" means a natural or legal person who

purchases energy for its 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 specific share or

quantity of electricity was produced from high-efficiency

cogeneration or that a specific share or quantity of energy was

produced from renewable energy sources;

"guarantee of origin for electricity" means a guarantee of

origin that relates to electricity produced from renewable

sources;

"guarantee of origin for gas" means a guarantee of origin

that relates to gas produced from renewable sources, including

hydrogen produced from renewable 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 under which guarantee such third party is able

to fulfil his obligations in relation to production and, or supply

of electricity produced from high-efficiency cogeneration or

that produced from renewable energy sources.

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

(regulation 6(6))

PART A – Information to be included on all guarantees of origin

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

number of the person to whom the guarantee is issued, including an

indication of whether it relates to electricity from high-efficiency

cogeneration or to renewable energy where, if the latter it shall

furthermore specify whether it relates to electricity, gas (including

hydrogen) or heating and cooling.

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

3. The reference number assigned to the guarantee by the

Regulator, along with an indication that the guarantee is issued by the

Regulator.

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

4. The commencement and termination dates of the period

to which the guarantee relates (the relevant period).

5. The production location, the plant name, if any, and the

installation’s operational commencement date.

6. Any further information as required by the Regulator to

ensure accuracy or to confirm the production source.

PART B – Information specific to high-efficiency cogeneration

guarantees of origin

1. The primary fuel source from which the electricity was

produced, the quantity used to produce said electricity during the

relevant period and the capacity (thermal and electrical) of the

installation.

2. The quantity and the use of the heat generated together

with the electricity during the relevant period.

3. The lower calorific value of the fuel source from which

the electricity was produced.

4. The quantity of electricity from high‐efficiency

cogeneration which was generated over the relevant period and

exported to the grid.

5. The primary energy savings calculated on the basis of

harmonised efficiency reference values.

6. The nominal electric and thermal efficiency of the plant.

7. Whether and to what extent the installation has benefitted

from investment support.

8. Whether the electricity in question has benefitted in any

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

scheme.

PART C – Information specific to renewable energy guarantees

of origin

1. The renewable energy source from which the energy was

produced and the capacity of the installation.

2. The start and end dates of production, which may be

specified

(a)

in the case of renewable gas, including gaseous

renewable fuels of non-biological origin, and renewable heating

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

and cooling, at an hourly or sub-hourly interval;

(b)

for renewable electricity, in accordance with the

imbalance settlement period as defined in Article 2(15) of

Regulation (EU) 2019/943 of the European Parliament and of

the Council of 5 June 2019 on the internal market for electricity

(recast).

3. The declared net capacities of the installation for each

renewable energy source.

4. The total quantity of renewable energy produced over the

relevant period.

5. A declaration that the installation has not benefitted from

investment support and that the unit of energy has not benefitted in any

other way from a national support scheme which specifically precludes

the issuance of guarantees of origin of units of origin which receive

operation support under such scheme.

(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, including gaseous

renewable fuels of non-biological origin such as hydrogen, upon

compliance with the requirements of these regulations

Provided that where electricity is generated from high-

efficiency cogeneration using renewable sources, only one (1)

guarantee of origin specifying both characteristics may be issued.

(2)

The Regulator shall supervise the issuance, transfer and

cancellation of guarantees of origin.

(3)

The Regulator shall have non-overlapping geographical

responsibilities, and shall be independent of production, trade and

supply activities.

(regulation 10)

1. Account fees

An account fee shall apply for the opening of an account with

the Regulator for the issuance, transfer and cancellation of guarantees

of origin. Such fee shall be payable to the Regulator prior to the

opening of the account. Annual fees shall also apply for any such

registered account.

The account fees shall be as follows

(a)

One-time account registration fee for producers

(i)

production plants with installed capacity

less than fifty kilowatt-peak (50 kWp) or energy

community: five euro (€5);

(ii)

production plants with installed capacity

equal to or greater than fifty kilowatt-peak (50 kWp)

fifty euro cents per kilowatt-peak (€0.50/kWp) installed.

The same fees shall be applicable on an annual basis to the

Regulator as from first (1 st ) January of the year following the account

registration and for every year thereafter.

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

(b)

One-time registration fee for registered account

holders other than producers

(i)

accounts with annual certificate turnover

less than fifty megawatt hour (50 MWh): five euro (€5);

(ii)

accounts with annual certificate turnover

equal to or greater than fifty megawatt hour (50 MWh)

and less than five hundred megawatt hour (500 MWh)

twenty-five euro (€25);

(iii) accounts with annual certificate turnover

equal to or greater than five hundred megawatt hour (500

MWh): one hundred fifty euro (€150).

The same fees shall be applicable on an annual basis to the

Regulator as from first (1 st ) January of the year following the account

registration and for every year thereafter.

For the purposes of sub-item (b), "account holders other than

producers’" means any person who is not a producer who transfers or

cancels guarantees of origin.

For the purposes of this Schedule, "annual certificate turnover"

means the aggregate number of megawatt hour (MWh) represented by

all guarantees of origin in respect of which an account holder is

allowed to submit an application during the relevant year, including

guarantees of origin issued, transferred and cancelled.

When an account holder who is also a producer receives

guarantees of origin from another account holder or producer, the fees

established in sub-item (b) shall also apply in addition to those in sub-

item (a).

2. Fee per guarantee of origin

A fee of zero point zero two five euro per megawatt hour

(€0.025/MWh) shall be payable to the Regulator in respect of the

issuance, transfer and cancellation of each guarantee of origin. Such

fee shall be due and payable upon submission of the relevant

application and shall be remitted to the Regulator together with that

application.

Any person who intends to apply for the issuance,

transfer or cancellation of a guarantee of origin shall apply with the

Regulator for the registration of an account in his name for this

purpose in the manner and form required by the Regulator. The

registration fees and the annual fees established in item 1 of the Third

Schedule shall apply

Provided that the registration process for installations of

less than fifty kilowatts (50 kW) and renewable energy communities

shall be simplified when compared to those of a larger capacity.

(1)

Any person who intends to apply for the issuance,

transfer or cancellation of a guarantee of origin shall apply with the

Regulator in the manner and form required by the Regulator. The fees

for the issuance, transfer or cancellation for each guarantee of origin

established in item 2 of the Third Schedule shall apply.

(2)

An application for the issuing of a guarantee of origin

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

(3)

An application may not be made with the Regulator for

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

generated outside of Malta

Provided that the Regulator may issue guarantees of

origin in respect of renewable energy generated in any Exclusive

Economic Zone declared by Malta in accordance with the Exclusive

Economic Zone Act.

(4)

An application for the issuance of a guarantee of origin

shall not be considered valid unless the Regulator is provided with

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

(a)

all the information listed in the First Schedule;

(b)

a statement of entitlement; and

(c)

payment of the applicable fees established in

terms of regulation 10.

(5)

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)

A valid application shall be acknowledged in

writing by the Regulator within fifteen (15) days from the date of the

receipt of such application, by means of a receipt issued to the

applicant.

(2)

The Regulator shall issue a guarantee of origin in respect

of electricity produced from high-efficiency cogeneration and, or

energy produced from renewable energy sources while having regard

to the following

(a)

an application is received in accordance with

regulation 5; and

(b)

where it is satisfied that the electricity in respect

of which the application is being made is duly produced from

high-efficiency cogeneration; or

(c)

where it is satisfied that the energy in respect of

which the application is being made is duly produced from

renewable energy sources.

(3)

A guarantee of origin shall be issued to the person

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

in the application.

(4)

The guarantee of origin shall only be issued in respect of

the electricity or energy referred to in the application.

(5)

A guarantee of origin issued in respect of electricity

produced from high-efficiency cogeneration and, or energy produced

from renewable energy sources shall be issued with respect to each

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

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

megawatt hours shall be rounded to the nearest megawatt hour and

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

Provided that where appropriate, in the case of

guarantees of origin issued in respect of the production of energy from

renewable sources, the standard size may be divided to a fraction size

which shall be a multiple of one watt hour (1Wh).

(6)

A guarantee of origin

(a)

shall contain all the information listed in the

Second Schedule; and

(b)

may contain any other related information as the

Regulator may deem fit and appropriate to include

Provided that simplified information may be

specified in the guarantees of origin from installations of less

than fifty kilowatts (50 kW).

(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)

Guarantees of origin issued by the Regulator shall be

issued, transferred and cancelled electronically, and shall be

accurate, reliable and fraud-resistant in compliance with the standard

CEN-EN 16325.

(10) The Regulator shall recognise guarantees of origin issued

by competent authorities of other Member States exclusively as proof

of the elements referred to in sub-regulation (1) and sub-regulation (6)

of regulation 11 with particular reference to the Second Schedule,

provided that such guarantees of origin are issued in accordance with

the laws of those Member States which are in conformity with the

relevant European Union legislation. Any refusal by the Regulator to

recognise a guarantee of origin shall be based on well-founded doubts

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

prevention of fraud and shall be based on objective, transparent and

non-discriminatory criteria which shall be notified to the Commission

together with reasoned grounds for such decision.

(11)

The Regulator shall not recognise guarantees of origin

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

issued by a third country except where the European Union has

concluded an agreement with such third country on mutual recognition

of guarantees of origin issued in the Union and compatible guarantees

of origin systems established in such 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 to transfer the guarantee of origin by means of an

application in the form and manner required by the Regulator.

(2)

An application for the transfer of a guarantee of origin

shall be accompanied by the applicable fee and 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.

(3)

When a valid transfer application of a guarantee of origin

is received, the Regulator shall amend the register referred to in

regulation 9 accordingly.

(1)

The Regulator shall revoke a guarantee of origin

where

(a)

the guarantee of origin is determined to be

inaccurate;

(b)

the information provided in accordance with

regulation 5 is found to be incorrect in a material particular;

and, or

(c)

the guarantee of origin should not have been

issued, or was issued to the wrong person.

(2)

The Regulator shall notify the holder of the existing

guarantee of origin in writing of such revocation as soon as it is

reasonably practicable.

(3)

A revoked guarantee of origin shall be deemed to have

never been issued and shall cease to have effect from the date of the

notice referred to in sub-regulation (2).

(1)

The Regulator shall maintain a register, which

may be in electronic format, which shall contain the following

(a)

details of applications received for the issuing of

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

the guarantees of origin and also details of the guarantees of

origin issued by the Regulator, including the dates when such

guarantees of origin were issued;

(b)

details of the holder of each guarantee of origin

including details of its transfers, if any;

(c)

the energy 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 were produced; and

(e)

a list of those guarantees of origin which have

been revoked in accordance with regulation 8, including the

date when such guarantees of origin have been revoked.

(2)

The Regulator shall allocate a unique reference number

to each guarantee of origin issued.

(3)

The register shall be conclusive as to whether a guarantee

of origin exists and who the registered holder thereof is.

(1)

Non-refundable fees listed in the Third Schedule,

shall be payable to the Regulator for the issuing, transfer or

cancellation of a guarantee of origin.

(2)

The Regulator shall not be required to process an

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

origin unless the applicable fees which apply in this regard are paid.

(1)

Guarantees of origin shall serve to

(a)

demonstrate 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; and

(b)

enable

producers

of

electricity

from

high‐efficiency cogeneration to demonstrate, upon request, that

the electricity sold is produced from high‐efficiency

cogeneration

Provided that for the purpose of paragraph (a), a

guarantee of origin shall remain valid for transactions for twelve (12)

months after the production of the relevant energy unit.

(2)

All guarantees of origin issued in accordance with these

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

regulations, for energy from renewable energy sources which have not

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

production of the energy unit.

(3)

The Regulator shall include expired guarantees of origin

for energy from renewable energy sources 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, or where a gas supplier supplying gas from a hydrogen or

natural gas network, including gaseous renewable fuels of

non‐biological origin and biomethane, is required to demonstrate to

final consumers the share or quantity of energy from renewable

sources in its energy mix for the purposes of Annex I to Directive (EU)

2024/1788 of the European Parliament and of the Council of 13 June

2024 on common rules for the internal markets for renewable gas,

natural gas and hydrogen, amending Directive (EU) 2023/1791 and

repealing Directive 2009/73/EC, 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 undertakings shall cancel guarantees of

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

guarantee of origin.

(8)

The Regulator shall ensure that the guarantees of origin

that are cancelled correspond to the relevant network characteristics

when a customer consumes gas from a hydrogen or natural gas

network, including gaseous renewable fuels of non-biological origin

and biomethane, as demonstrated in the commercial offer by the

supplier.

HIGH-EFFICIENCY COGENERATION AND OF ENERGY

FROM RENEWABLE ENERGY SOURCES

(9)

The Regulator shall ensure that the data on the residual

energy mix is published on an annual basis.

The Regulator shall not issue any guarantee of origin in

respect of renewable energy the production of which has received

financial support from a support scheme, where such support scheme

precludes the issuance of such guarantee of origin.