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L.S. 545.43 Regolamenti dwar il-Promozzjoni ta’ Enerġija minn Sorsi Rinnovabbli

PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 1 SUBSIDIARY LEGISLATION 545.43 PROMOTION

ENERGY FROM RENEWABLE SOURCES REGULATIONS 17th April, 2026 LEGAL NOTICE 93

2026. Arrangement

the regulations Regulations Part I Preliminary 1-2 Part II Targets and Calculation

the Share

Energy from Renewable Sources in Specific Sectors 3 - 17 Part III Generation and Consumption

Renewable Energy 18 - 21 Part IV Support Schemes, Projects and Cooperation 22 - 31 Part V Administrative and Permitting Procedures for the Deployment

New Renewable Capacity 32 - 47 Part VI Miscellaneous First Schedule Normalisation Rule for Accounting for Electricity Generated From Hydropower and Wind Power Second Schedule Accounting

Renewable Energy Used for Heating and Cooling Third Schedule Energy Content

Fuels Fourth Schedule List

Feedstocks Fifth Schedule Rules for Calculating the Greenhouse Gas Impacts

Biofuels, Other Bioliquids and their Fossil Fuel Comparators Sixth Schedule Renewables Acceleration Areas 48 PART I Preliminary 1.

(1)The title

these regulations is the Promotion

Energy from Renewable Sources Regulations.

(2)The scope

these regulations is to: (a) transpose Articles 2 to 18 and 20 to 28

Directive (EU) 2018/2001

the European Parliament and

the Council

11 December 2018 on the promotion

the use

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)Citation and scope. 2 PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43

Directive (EU) 2023/2413

the European Parliament and

the Council

18 October 2023 amending Directive (EU) 2018/ 2001, Regulation (EU) 2018/1999 and Directive 98/70/EC as regards the promotion

energy from renewable sources, and repealing Council Directive (EU) 2015/652; (c) transpose Article 1

Directive (EU) 2024/1711

the European Parliament and

the Council

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

14 March 2024 amending Annex IX to Directive (EU) 2018/2001

the European Parliament and

the Council as regards adding feedstock for the production

biofuels and biogas. Interpretation. Cap. 545. 2. requires:

(1)In these regulations, unless the context otherwise "Act" means the Regulator for Energy and Water Services Act; "advanced biofuels" means biofuels which are produced from the feedstock listed in Part A

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)

Article 2

Regulation (EU) 2019/943

the European Parliament and

the Council

5 June 2019 on the internal market for electricity (recast); "bi-directional recharging" means bi-directional recharging as defined in point

(11)

Article 2

Regulation (EU) 2023/1804

the European Parliament and

the Council

13 September 2023 on the deployment

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; PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 "biomass" means the biodegradable fraction

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

waste, including industrial and municipal waste

biological origin; "biomass fuels" means gaseous and solid fuels produced from biomass; "Building and Construction Authority" means the Authority established by article 5

the Building and Construction Authority Act; Cap. 623. "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

the European Parliament and

the Council

11 December 2018 on the promotion

the use

energy from renewable sources (recast); "Directive (EU) 2019/944" means Directive (EU) 2019/ 944

the European Parliament and

the Council

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 electricity and with respect to natural gas it shall have the same meaning as assigned to it in the Natural Gas Market Regulations for natural gas;   S.L. 545.34.   S.L. 545.12. "district heating" or "district cooling" means the distribution

thermal energy in the form

steam, hot water or chilled liquids, from central or decentralised sources

production through a network to multiple buildings or sites, for the use

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;   S.L. 545.

  1.  S.L. 623.
  2. "electricity markets" shall have the same meaning as assigned to it in the Electricity Regulations;  S.L. 545.
  3. "electric vehicle battery" means an electric vehicle battery as defined in point

(14)

Article 3

(1)

Regulation (EU) 2023/1542

the European Parliament and

the Council

12 July 2023 concerning batteries and waste batteries, 3 4 [ S.L. 545.43 PROMOTION

ENERGY FROM RENEWABLE SOURCES 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)

Article 2

Regulation (EU) 2018/1999

the European Parliament and

the Council

11 December 2018 on the Governance

the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009

the European Parliament and

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

the European Parliament and

the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013

the European Parliament and

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;  S.L. 623.01. "energy performance certificate (EPC)" shall have the same meaning as assigned to it in the Energy Performance

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)

Article 2

Regulation (EU, Euratom) 2024/2509

the European Parliament and

the Council

23 September 2024 on the financial rules applicable to the general budget

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

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

electricity or where no excise is due or where duly justified, any other relevant entity so designated; PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 "geothermal energy" means energy stored in the form

heat beneath the surface

solid earth; "green certificate" means a tradeable commodity representing the environmental attributes

a specific quantity

energy produced from renewable energy sources issued upon compliance with environmental quality and sustainability criteria; "gross final consumption

energy" means the energy commodities delivered for energy purposes to industry, transport, households, services including public services, agriculture, forestry and fisheries, the consumption

electricity and heat by the energy branch for electricity and heat production, and losses

electricity and heat in distribution and transmission; "guarantee

origin" means an electronic document issued by the Regulator which has the sole function

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

electricity was produced from high-efficiency cogeneration or that a given share or quantity

energy was produced from renewable energy source; "high-efficiency cogeneration" shall have the same meaning as assigned to it in the Energy Efficiency Regulations; "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

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)

section J

the statistical classification

economic activities (NACE REV.2), as set out in Regulation (EC) No 1893/2006

the European Parliament and

the Council

20 December 2006 establishing the statistical classification

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-

-the-art renewable energy technology, or that renders exploitable renewable energy technology that is not fully commercialised or that involves a  S.L. 545.33. S.L. 623.07. 5 6 [ S.L. 545.43 PROMOTION

ENERGY FROM RENEWABLE SOURCES clear degree

risk; "jointly acting renewables self-consumers" means a group

at least two

(2)jointly acting renewables selfconsumers who are located in the same building or multiapartment block; "ligno-cellulosic material" means material composed

lignin, cellulose and hemicellulose, such as biomass sourced from forests, woody energy crops and forest-based industries' residues and wastes;                S.L. 545.45. "low indirect land-use change-risk biofuels, bioliquids and biomass fuels" means biofuels, bioliquids and biomass fuels, the feedstock

which was produced within schemes which avoid displacement effects

food and feed-crop based biofuels, bioliquids and biomass fuels through improved agricultural practices as well as through the cultivation

crops on areas which were previously not used for cultivation

crops, and which were produced in accordance with the sustainability criteria for biofuels, bioliquids and biomass fuels laid down in regulation 3

the Biofuels, Bioliquids and Biomass Fuels (Sustainability Criteria) Regulations; "market participant" means a market participant as defined in point

(25)

Article 2

Regulation (EU) 2019/943

the European Parliament and

the Council

5 June 2019 on the internal market for electricity; "Member State" means a state which is a member

the European Union; "Member State

origin" or "country

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

destination" or "country

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

origin; "Minister" means the Minister responsible for energy, provided that for the purposes

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;  Cap. 643. "National Energy and Climate Plan" means the plan referred to in article 7

the Climate Action Act; PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 "non-energy purpose" means the use

fuels as raw materials in an industrial process, rather than to produce energy; "non-food cellulosic material" means feedstock mainly composed

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

arable main crops; "normal power recharging point" means a normal power recharging point as defined in point

(37)

Article 2

Regulation (EU) 2023/1804

the European Parliament and

the Council

13 September 2023 on the deployment

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

renewable energy" means the sale

renewable energy between market participants by means

a contract with pre-determined conditions governing the automated execution and settlement

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

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)

Article 2

Regulation (EU) 2023/1804

the European Parliament and

the Council

13 September 2023 on the deployment

alternative fuels infrastructure, and repealing Directive 2014/94/EU;  Cap.

  1. 7 8 [ S.L. 545.43      S.L. 549.
  2. PROMOTION

ENERGY FROM RENEWABLE SOURCES "recycled carbon fuels" means liquid and gaseous fuels that are produced from liquid or solid waste streams

nonrenewable origin which are not suitable for material recovery in accordance with regulation 4A

the Waste Regulations, or from waste processing gas and exhaust gas

non-renewable origin which are produced as an unavoidable and unintentional consequence

the production process in industrial installations; "Regulation (EC) No 1099/2008" means Regulation (EC) No 1099/2008

the European Parliament and

the Council

22 October 2008 on energy statistics; "Regulation (EU) 2018/1999" means Regulation (EU) 2018/1999

the European Parliament and

the Council

11 December 2018 on the Governance

the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009

the European Parliament and

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

the European Parliament and

the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013

the European Parliament and

the Council; "Regulation (EU) 2019/943" means Regulation (EU) 2019/943

the European Parliament and

the Council

5 June 2019 on the internal market for electricity (recast); "Regulation (EU) 2023/1804" means Regulation (EU) 2023/1804

the European Parliament and

the Council

13 September 2023 on the deployment

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

authorisations, licenses or permits, or responsible for the formulation and publication

general binding rules, insofar as these authorisations, licences, permits or rules may directly impact, or relate to any activity which may impact the achievement

the objectives laid down by these regulations: Provided that for the purpose

Part V

, the responsible relevant permitting authorities shall include but not be limited to:  Cap. 552. (a) the Planning Authority established in accordance with article 5

the Development Planning PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 Act, 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

the Regulator for 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

the renewable energy projects that are owned and developed by the said legal entity; (b) the shareholders or members

which are natural persons, SME’s or local authorities, including municipalities; and (c) the primary purpose

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

energy from renewable sources in their production, requiring energy suppliers to include a given share

energy from renewable sources in their supply, or requiring energy consumers to include a given share

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

non-biological origin; "renewable fuels

non-biological origin" means liquid and gaseous fuels the energy content

which is derived from renewable sources other than biomass;   Cap. 545. 9 10 [ S.L. 545.43 PROMOTION

ENERGY FROM RENEWABLE SOURCES "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

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

installations or operation systems and equipment for the purposes

replacing capacity or increasing the efficiency or capacity

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

the production process and the process has not been deliberately modified to produce it;  Cap. 552. "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

the Annex to Commission Recommendation 2003/361/EC;  S.L. 545.34. "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

electricity delivered to the battery is adjusted dynamically, on the basis

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; PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 "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

whether the grains alone or the whole plant, such as in the case

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

the Environment and Development Planning Act;  Cap. 504. "support scheme" means any instrument, scheme or mechanism applied by the Minister or by a group

Member States which includes Malta, that promotes the use

energy from renewable sources by reducing the cost

such energy, increasing the price at which it can be sold, or increasing, by means

a renewable energy obligation or otherwise, the volume

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

energyefficient solutions where they also enable a cost-effective decarbonisation pathway, additional flexibility and the efficient use

resources; "third country" means a country which is not a member

the European Union and which receives or to which electricity produced from renewable energy sources is transferred or exported from the country

origin; "Treaty" shall have the same meaning as assigned to it in the European Union Act; "TFEU" means the Treaty on the Functioning

the European Union; "Union database" means the database established by the Commission to enable the tracing

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  Cap. 460. 11 12 [ S.L. 545.43 PROMOTION

ENERGY FROM RENEWABLE SOURCES substances that have been intentionally contaminated in order to meet this definition; modified or "waste heat and cold" means unavoidable heat or cold generated as a by-product

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

the Share

Energy from Renewable Sources in Specific Sectors Union and national targets. 3.

(1)Malta’s contribution towards the realisation

the Union’s target

forty-two point five percent (42.5%) for the share

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

energy in 2030 shall be established in accordance with Articles 3 to 5 and 9 to 14

Regulation (EU) 2018/1999 and published in the Integrated National Energy and Climate Plan.

(2)The indicative target for the percentage

newly installed renewable capacity by 2030 which shall be made up

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

energy from renewable sources in the gross final consumption

energy shall not be lower than the baseline share

ten per cent (10%). Calculation

the share

energy from renewable sources. 4.

(1)The share

energy from renewable sources shall be calculated as the gross final consumption

energy from renewable sources divided by the gross final consumption

energy from all energy sources, expressed as a percentage.

(2)For the purposes

sub-regulation

(1), the sum referred to in regulation 5
(1)shall be adjusted to take into account, whenever applicable, the effects on allocation

energy from renewable sources arising out

arrangements entered into for the purpose

: (a) sources; statistical transfers

energy from renewable (

  1. b)joint projects with other Member States and, or third countries; and (
  2. c)joint support schemes with other Member States. PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 13

(3)In calculating the gross final consumption

energy for the purposes

measuring its compliance with the targets and indicative trajectory established in these regulations, the amount

energy consumed in aviation shall, as a proportion

the gross final consumption

energy, be considered to be not more than four point one two percent (4.12%).

(4)The methodology and definitions used in the calculation

the share

energy from renewable sources shall be those provided for in Regulation (EC) No 1099/2008. 5.

(1)The gross final consumption

energy from renewable sources shall be calculated as the sum

: (a) gross final consumption

electricity from renewable sources; (b) gross final consumption

energy from renewable sources in the heating and cooling sector; and (c) final consumption

energy from renewable sources in the transport sector.

(2)With regard to paragraphs (a), (b), or (c)

subregulation

(1), gas and electricity from renewable sources shall be considered only once for the purposes

calculating the share

gross final consumption

energy from renewable sources.

(3)Energy produced from renewable fuels

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

the renewable fuels

non-biological origin consumed in Malta towards the share

gross final consumption

energy from renewable sources in the Member State where those fuels are produced, or conversely, where renewable fuels

non-biological origin are produced in Malta to count all or part

such fuels consumed in another Member State towards the share

gross final consumption

energy from renewable sources in Malta.

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

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

any cooperation agreement as described in subregulation

(4)which is entered into by Malta.
(6)Any cooperation agreement as described in sub- Calculation

the gross final consumption

energy from renewable sources. 14 [ S.L. 545.43 PROMOTION

ENERGY FROM RENEWABLE SOURCES regulation

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

renewable fuels

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. Calculation

the gross final consumption

electricity from renewable sources. 6.

(1)For the purposes

paragraph (a)

regulation 5

(1), gross final consumption

electricity from renewable sources shall be calculated as the quantity

electricity produced in Malta from renewable sources, and shall include the production

electricity from renewables self-consumers and renewable energy communities, as well as electricity from renewable fuels

non-biological origin, but shall exclude the production

electricity in pumped storage units from water that has previously been pumped uphill as well as the electricity used to produce renewable fuels

non-biological origin.

(2)In multi-fuel plants using renewable and non-renewable sources, only the part

electricity produced from renewable sources shall be taken into account, and for the purposes

such calculation, the contribution

each energy source shall be calculated on the basis

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. Calculation

the gross final consumption

energy from renewable sources in the heating and cooling sector. 7.

(1)For the purposes

paragraph (b)

regulation 5

(1), gross final consumption

energy from renewable sources in the heating and cooling sector shall be calculated as the quantity

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

other energy from renewable sources in industry, households, services, agriculture, forestry and fisheries, for heating, cooling and processing purposes.

(2)In multi-fuel plants using renewable and non-renewable sources, only the part

heating and cooling produced from renewable sources shall be taken into account and for the purposes

the calculation referred to in sub-regulation

(1), the contribution

each energy source shall be calculated on the basis

its energy content.

(3)Ambient and geothermal energy used for heating and cooling by means

heat pumps and district cooling systems shall be taken into account for the purposes

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

heat or cold to be considered to be energy from renewable sources for the purposes

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. PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 15

(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

the calculation referred to in sub-regulation

(1). 8. For the purposes

paragraph (c)

regulation 5

(1), the following requirements shall apply: (a) final consumption

energy from renewable sources in the transport sector shall be calculated as the sum

all biofuels, biogas and renewable fuels

non-biological origin consumed in the transport sector, which shall include renewable fuels supplied to international marine bunkers; and Calculation

the final consumption

energy from renewable sources in the transport sector. (b) for the calculation

final consumption

energy in the transport sector, the values regarding the energy content

transport fuels as established in the Third Schedule shall be used: Provided that in order to determine the calorific values

fuels, the relevant European Standards Organisation (ESO) standards shall be used for the determination

the energy content

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. 9.

(1)The indicative national share

energy from renewable sources in the final energy consumption in the building sector in 2030 shall refer to: (

  1. a)renewable energy produced on-site or nearby; and (
  2. b)renewable energy taken from the grid.

(2)The indicative national share

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

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

twenty percent (20%)

that share, subject to the indicative national share increasing by half

the percentage

waste heat and cold counted towards that share.

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

their legally established remit, introduce measures in their regulations and, where applicable, their support schemes, in support

Mainstreaming renewable energy in buildings. 16 PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 increasing the share

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 selfconsumption, 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

renewable energy, relevant authorities shall, using all appropriate measures, tools and incentives to the extent that this is within the scope

their legally established remit, promote the use

renewable heating and cooling systems and equipment. Mainstreaming renewable energy in industry. 10.

(1)The Minister shall, in consultation with the Minister responsible for industry, endeavour to increase the share

renewable sources in the amount

energy sources used for final energy and non-energy purposes in the industry sector by an indicative increase

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

Regulation (EU) 2018/1999 and the integrated national energy and climate progress reports submitted in accordance with Article 17

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

industrial processes; and (b) endeavour to create conducive market conditions for the availability

economically viable and technically feasible renewable energy alternatives to replace fossil fuels used for industrial heating with the aim

reducing the use

fossil fuels used for heating in which the temperature is below two hundred degrees Celsius (200 °C).

(4)The adoption

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

renewable fuels

non-biological PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 origin used for final energy and non-energy purposes shall be at least forty-two percent (42%)

the hydrogen used for final energy and non-energy purposes in industry by 2030, and sixty percent (60%) by 2035.

(6)For the calculation

the percentages referred to in subregulation

(5), the following rules shall apply: (a) for the calculation

the denominator, the energy content

hydrogen for final energy and non-energy purposes shall be taken into account, excluding: (i) hydrogen used as an intermediate product for the production

conventional transport fuels and biofuels; (

  1. 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; (
  2. b)for the calculation

the numerator, the energy content

the renewable fuels

non-biological origin consumed in the industry sector for final energy and non-energy purposes shall be taken into account, excluding renewable fuels

non-biological origin used as intermediate products for the production

conventional transport fuels and biofuels; and (c) for the calculation

the numerator and the denominator, the values regarding the energy content

fuels established in the Third Schedule shall be used.

(7)For the purposes

paragraph (c)

sub-regulation

(6), in order to determine the energy content

fuels not included in the Third Schedule, the relevant European standards for the determination

the calorific values

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

non-biological origin.

(9)The voluntary labelling schemes referred to in subregulation
(8)shall indicate the percentage

renewable energy used or renewable fuels

non-biological origin used in the raw material acquisition and pre-processing, manufacturing and distribution stage, calculated on the basis

the methodologies stipulated either in 17 18 [ S.L. 545.43 PROMOTION

ENERGY FROM RENEWABLE SOURCES 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

renewable fuels

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

Malta, as the case may be: Provided that the obligation shall not apply to consignments

renewable fuels

non-biological origin which are intended to be introduced into Malta solely for the purposes

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

Regulation (EU) 2018/1999 and in the integrated national energy and climate progress reports submitted in accordance with Article 17

the said Regulation.

(12)Any intended contributions to the Union strategy developed by the Commission for imported and domestic hydrogen with the aim

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

Regulation (EU) 2018/1999 and in the integrated national energy and climate progress reports submitted in accordance with Article 17

the said Regulation. Conditions for reduction

the target for the use

renewable fuels

non-biological origin in the industry sector. 11.

(1)The contribution

renewable fuels

nonbiological origin used for final energy and non-energy purposes referred to in regulation 10

(5), may be reduced by twenty percent (20%) in 2030, provided that: (a) the attainment

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

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

these conditions are not fulfilled, the reduction shall cease to apply. PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 19

(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

Regulation (EU) 2018/1999 and as part

the integrated national energy and climate progress reports submitted in accordance with Article 17

the said Regulation.

(3)The notification referred to in sub-regulation
(2)shall include information about the updated share

renewable fuels

nonbiological origin and all relevant data to demonstrate that conditions established in paragraphs (a) and (b)

sub-regulation

(1)are fulfilled. 12.
(1)In order to promote the use

renewable energy in the heating and cooling sector, the Minister shall increase the share

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

renewable energy in the heating and cooling sector in 2020, expressed in terms

national share

gross final consumption

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

zero point four (0.4) percentage points: Provided that in such case the average annual increase shall increase by half

the waste heat and cold percentage points counted to an upper limit

one point zero (1.0) percentage points for the period 2021 to 2025 and

one point three (1.3) percentage points for the period 2026 to 2030.

(3)The Commission shall be informed

the intention to count waste heat and cold and

the estimated amount in the integrated national energy and climate plans submitted in accordance with Articles 3 and 14

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

renewable energy in the heating and cooling sector by the following indicative percentage points as follows: (

  1. a)by an additional indicative zero point eight (0.8) percentage points for the period 2021 to 2025; and (
  2. b)by an additional indicative zero point five (0.5) percentage points for the period 2026 to 2030: Mainstreaming renewable energy in heating and cooling. 20 PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 Provided that if these indicative additional shares are achieved, the resultant share, inclusive

such additional share but excluding waste heat and cold, shall be

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 subregulation
(1), up to a limit

zero point four (0.4) percentage points, provided that the efficiency

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

that renewable electricity expressed in percentage points to an upper limit

one point zero (1.0) percentage points for the period 2021 to 2025 and

one point three (1.3) percentage points for the period 2026 to 2030.

(6)The Commission shall be informed

the intention to count renewable electricity used in heating and cooling from heat and cold generators the efficiency

which is higher than one hundred percent (100%) towards the annual increase established in subregulation

(1)through the submission

the plans required by Regulation (EU) 2018/1999 as follows: (a) the estimated renewable electricity capacities

heat and cold generator units the efficiency

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

the said Regulation; and (b) the amount

renewable electricity used in heating and cooling from heat and cold generator units the efficiency

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

the said Regulation.

(7)For the calculation

the share

renewable electricity used in heating and cooling for the purposes

sub-regulation

(1)the average share

renewable electricity supplied in Malta in the two

(2)previous years shall be used.
(8)The Minister shall carry out an assessment

the potential

energy from renewable sources and

the use

waste heat and cold in the heating and cooling sector including, where appropriate, an analysis

areas suitable for their deployment at low ecological risk, and

the potential for small-scale household projects.

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

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 (a) consider available and economically feasible technology for industrial and domestic uses in order to set out milestones and measures to increase the use

renewable energy in heating and cooling; (b) consider, where appropriate, the use

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) principle; be in accordance with the energy efficiency first (d) be part

the integrated national energy and climate plans submitted in accordance with Articles 3 and 14

Regulation (EU) 2018/1999; and (e) accompany the comprehensive heating and cooling assessment required by regulation 21

the Energy Efficiency Regulations.

(10)For the purposes

sub-regulation

(1), when calculating the share

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

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

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

the average annual increase.

(11)When deciding which measures to adopt for the purposes

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

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

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

choice

measures as referred to in sub-regulation

(10).   S.L. 545.33. S.L. 623.07. 21 22 [ S.L. 545.43 PROMOTION

ENERGY FROM RENEWABLE SOURCES

(13)The relevant authorities, within the scope

their legally established remit, shall in particular provide information to the owners or tenants

buildings and SMEs on cost-effective measures, and financial instruments, to improve the use

renewable energy in the heating and cooling systems through accessible and transparent advisory tools.

(14)On the basis

objective and non-discriminatory criteria, the Minister may establish and make public a list

measures and may designate and make public the implementing entities, which are to contribute to the average annual increase referred to in sub-regulation

(1).
(15)To achieve the average annual increase referred to in subregulation
(1), the Minister shall endeavour to implement at least two
(2)

the following measures: (a) physical incorporation

renewable energy or waste heat and cold in the energy sources and fuels supplied for heating and cooling; (b) the installation

highly efficient renewable heating and cooling systems in buildings, the connection

buildings to efficient district heating and cooling systems or the use

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; (
  1. 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; (
  2. e)the creation

risk mitigation frameworks to reduce the cost

capital for renewable heat and cooling and waste heat and cold projects, allowing for, inter alia, the bundling

smaller projects as well as linking such projects more holistically with other energy efficiency and building renovation measures; (f) the promotion

renewables heating and cooling purchase agreements for corporate and collective small consumers; PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 (g) planned replacement schemes

fossil heating sources, or

heating systems that are not compatible with renewable sources or fossil phase-out schemes with milestones; (

  1. h)requirements at local and regional level concerning renewable heat planning, encompassing cooling; (
  2. i)the promotion

the production

biogas and its injection into the gas grid, instead

its use for electricity production; (j) measures promoting the integration

thermal energy storage technology in heating and cooling systems; (k) the promotion

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

renewable heating and cooling equipment and the development

energy networks supplying renewable energy for heating and cooling in buildings and industry.

(16)When adopting and implementing any

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

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

energy supplied for heating and cooling; (b) the total amount

renewable energy supplied for heating and cooling; (c) the amount

waste heat and cold supplied for    S.L. 545.33. S.L. 623.07. 23 24 PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 heating and cooling; (d) the share

renewable energy and waste heat and cold in the total amount

energy supplied for heating and cooling; and (e) the type

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. District heating and cooling. 13.
(1)Suppliers

district heating and cooling shall provide information on the energy performance and the share

renewable 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

renewable energy referred to in sub-regulation

(1)shall be expressed at least as a percentage

gross final consumption

energy in heating and cooling assigned to the customers

a given district heating and cooling system, including information on how much energy was used to deliver one

(1)unit

heating to the customer or end-user. Increase

renewable energy and reduction

greenhouse gas intensity in the transport sector.  S.L. 545.17. S.L. 545.25. 14.

(1)Fuel suppliers which are obligated parties in terms

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

LPG and Primary Storage Facilities Regulations and, or the Bunkering (Authorisation) Regulations shall comply with any obligations which are intended to increase the share

renewable energy in energy supplied to the transport sector which are established in the said regulations.

(2)result in: The obligations referred to in sub-regulation
(1)shall (a) the amount

renewable fuels and renewable electricity supplied to the transport sector leading to a share

renewable energy within the final consumption

energy in the transport sector

at least twenty-nine percent (29%) by 2030; and (b) the combined share

advanced biofuels and biogas produced from the feedstock listed in Part A

the Fourth Schedule and

renewable fuels

non-biological origin in the energy supplied to the transport sector being at least one percent (1%) in 2025 and five point five percent PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 (5.5%) in 2030,

which a share

at least one percent (1%) shall be from renewable fuels

non-biological origin in 2030.

(3)The Minister shall endeavour to ensure that as

2030, the share

renewable fuels

non-biological origin in the total amount

energy supplied to the maritime transport sector is at least one point two percent (1.2%).

(4)The share

renewable energy within the final consumption

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

Regulation (EU) 2018/ 1999.

(5)In the event

the amendment

the list

feedstock established in Part A

Annex IX to the Directive, the Minister may increase the minimum share

advanced biofuels and biogas produced from that feedstock in the energy supplied to the transport sector accordingly.

(6)For the calculation

the targets referred to in paragraph (a)

sub-regulation

(2)and the shares referred to in paragraph (b)

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

non-biological origin also when they are used as intermediate products for the production

: (

  1. a)conventional transport fuels; or (
  2. b)biofuels, provided that the greenhouse gas emissions reduction achieved by the use

renewable fuels

non- biological origin is not counted in the calculation

the greenhouse gas emissions savings

the biofuels.

(7)For the calculation

the targets referred to in paragraph (a)

sub-regulation

(2)the Regulator may take into account recycled carbon fuels.
(8)The design

the obligations on fuel suppliers referred to in sub-articles

(1)and
(2)may: (a) exempt fuel suppliers supplying electricity or renewable fuels

non-biological origin from the requirement to comply with the minimum share

advanced biofuels and biogas produced from the feedstock listed in Part A

the Fourth Schedule with respect to those fuels; (b) set the obligation by means

measures targeting volumes, energy content or greenhouse gas emissions; (c) distinguish between different energy carriers; 25 26 [ S.L. 545.43 PROMOTION

ENERGY FROM RENEWABLE SOURCES (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

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):  S.L. 545.34. 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. Specific rules for biofuels, bioliquids and biomass fuels produced from food and feed crops. 15.
(1)For the calculation

the gross final consumption

energy from renewable sources referred to in regulation 5

the minimum share

renewable energy, the share

biofuels and bioliquids, as well as

biomass fuels consumed in transport, where produced from food and feed crops, shall be zero per cent (0%)

the final consumption

energy.     S.L. 545.45.

(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

regulation 3

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

biofuels, bioliquids and biomass fuels produced from oil crops.

(3)Notwithstanding the target established in regulation 14
(2)(a), the limitation on the share

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

reducing said target by seven

(7)percentage points: Provided that where the share referred to in subregulation
(1)is adjusted in accordance with sub-regulation
(2), the reduction applied under this sub-regulation shall be revised accordingly in view

the contribution those fuels make in terms

PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 27 the minimum share

renewable energy. 16.

(1)For the calculation

the minimum shares referred to in regulation 14

(2), the following rules shall apply: (a) for the calculation

the denominator, that is the amount

energy consumed in the transport sector, all fuels and electricity supplied to the transport sector shall be taken into account; (b) for the calculation

the numerator, that is the amount

energy from renewable sources consumed in the transport sector for the purposes

regulation 14

(2)the energy content

all types

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

biofuels and biogas produced from the feedstock listed in the Fourth Schedule and renewable fuels

non-biological origin shall be considered to be twice its energy content; (d) the share

renewable electricity shall be considered to be four

(4)times its energy content when supplied to road vehicles; (e) the share

advanced biofuels and biogas produced from the feedstock listed in Part A

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

renewable fuels

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

energy supplied to the transport sector, the values regarding the energy content

transport fuels established in the Third Schedule shall be used; (g) in order to determine the energy content

transport fuels not included in Third Schedule, the relevant European standards for the determination

the calorific values

fuels, or, where no European standard has been adopted for such purpose, the relevant ISO standards shall be used; (h) the amount

renewable electricity supplied to the transport sector shall be determined by multiplying the Calculation rules in the transport sector and with regard to renewable fuels

non-biological origin regardless

their end use. 28 [ S.L. 545.43 PROMOTION

ENERGY FROM RENEWABLE SOURCES amount

electricity supplied to such sector by the average share

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

the vehicle itself may be fully counted as renewable.

(2)For the purpose

the calculations referred to in subregulation

(1), until the 31st December 2030 the amount

energy supplied to the maritime transport sector shall, as a proportion

gross final consumption

energy, be considered to be not more than five percent (5%).

(3)Where electricity is used for the production

renewable fuels

non-biological origin, either directly or for the production

intermediate products, the average share

electricity from renewable sources in the country

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

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

renewable fuels

non-biological origin, provided that the installation: (a) comes into operation after, or at the same time as, the installation producing the renewable fuels

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

that electricity are counted only once and only in one

(1)end-use sector.
(6)The greenhouse gas intensity reduction from the use

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

biofuels, biogas, renewable fuels

non-biological origin and renewable electricity supplied to all transport modes by the baseline: PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 Provided that recycled carbon fuels may also be taken into consideration.

(7)The greenhouse gas emissions savings referred to in subregulation
(6)shall be calculated as follows: (a) for biofuel and biogas, by multiplying the amount

those fuels supplied to all transport modes by their greenhouse gas emissions savings determined in accordance with regulation 6

the Biofuels, Bioliquids and Biomass Fuels (Sustainability Criteria) Regulations; (b) for renewable fuels

non-biological origin and recycled carbon fuels, by multiplying the amount

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)

the Directive; (c) for renewable electricity, by multiplying the amount

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

December 2030, by multiplying the amount

energy supplied to the transport sector by the fossil fuel comparator EF(

  1. t)established in the Fifth Schedule; (
  2. b)from the 1st

January 2031, the baseline shall be the sum

: (i) the amount

fuels supplied to all transport modes multiplied by the fossil fuel comparator EF(

  1. t)established in the Fifth Schedule; and (
  2. ii)the amount

electricity supplied to all transport modes multiplied by the fossil fuel comparator ECF(e) established in the Fifth Schedule.

(9)The relevant amounts

energy supplied to the transport sector for the purposes

the calculation referred to in sub-regulation

(6)shall be determined in accordance with paragraphs (f), (g) and (h)

sub-regulation

(1).      S.L. 545.45. 29 30 [ S.L. 545.43 Applicability

sustainability criteria.                        S.L. 545.45. PROMOTION

ENERGY FROM RENEWABLE SOURCES 17.

(1)In order to be eligible for counting towards the share

renewable energy in: (a) the gross final energy consumption

Malta; (

  1. b)the building sector; (
  2. c)industry; (
  3. d)heating and cooling; (
  4. e)district heating and cooling; and (
  5. 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 (Sustainability Criteria) Regulations.

(2)The relevant economic operators shall submit information on the transactions made and the sustainability characteristics

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

production to the fuel supplier that places the fuel on the market. PART III Generation and Consumption

Renewable Energy. Renewables selfconsumers. 18.

(1)All consumers are entitled to become renewables 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

renewable electricity, including through renewables power purchase agreements, electricity suppliers and peer-to-peer trading arrangements, without being subject: (

  1. 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 costreflective; (
  2. ii)in relation to their self-generated electricity from renewable sources remaining within their premises, to discriminatory or PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 disproportionate procedures, and to any charges or fees; (

  1. 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; (
  2. c)to maintain their rights and obligations as final consumers; and (
  3. 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

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

the derogations from Articles 4 and 6

Directive (EU) 2019/944: Provided further that for the continued duration

the exercise

such derogations, regulation 54A

the Electricity Regulations shall continue to apply to the purchase

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

the following cases: (a) if the self-generated renewable electricity is effectively supported by means

support schemes, only to the extent that the economic viability

the project and the incentive effect

such support are not undermined; (b) from 1st December 2026, if the overall share

self-consumption installations exceeds eight per cent (8%)

the total installed electricity capacity in Malta, and if it is demonstrated, by means

a costbenefit analysis performed by the Regulator, which is conducted by way

an open, transparent and participatory process, that the provision stipulated in subparagraph (ii)

paragraph (a)

sub-regulation

(2)either results in a significant disproportionate burden on the long-term financial sustainability

the electric   S.L. 545.34. 31 32 [ S.L. 545.43 PROMOTION

ENERGY FROM RENEWABLE SOURCES system, or creates an incentive exceeding what is objectively needed to achieve cost-effective deployment

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

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

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 selfconsumer and without prejudice to the provisions

subregulation

(9).
(5)In issuing regulations which govern the activities

consumers described in sub-regulations

(1)to
(4)the Minister may differentiate between individual renewables selfconsumers 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

the relative assessment

the existing unjustified barriers to, and

the potential

, renewable energy self-consumption in Malta, where such barriers are independent

Malta’s exercise

the derogations from Articles 4 and 6

Directive (EU) 2019/944, the Minister shall continue to, inter alia: (a) address accessibility

renewables selfconsumption to all final customers, including those in low-income or vulnerable households; (b) address unjustified barriers to the financing

projects in the market and measures to facilitate access to finance; (c) address other unjustified regulatory PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 33 barriers to renewables self-consumption, including for tenants; (

  1. d)address incentives to building owners to create opportunities for renewables self-consumption, including for tenants; (
  2. e)grant renewables self-consumers, for selfgenerated 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 (
  3. f)ensure that renewables self-consumers contribute in an adequate and balanced way to the overall cost sharing

the system when electricity is fed into the grid.

(8)A summary

the policies and measures enabling renewable energy self-consumption and an assessment

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

Directive (EU) 2019/944. 19.

(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

the derogations from Articles 4 and 6

Directive (EU) 2019/944, renewable energy communities are entitled to: (

  1. a)produce, consume, store and sell renewable energy, including through renewables power purchase agreements; (
  2. 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 Renewable energy communities. 34 [ S.L. 545.43 PROMOTION

ENERGY FROM RENEWABLE SOURCES maintaining the rights and obligations

the renewable energy community members as customers; (c) access all suitable energy markets both directly or through aggregation in a non-discriminatory manner:   S.L. 545.34. Provided that for the continued duration

the exercise

such derogations, regulation 54A

the Electricity Regulations shall continue to apply to the purchase

all renewable electricity produced in Malta and exported to the grid, subject to the conditions therein.

(3)The Minister shall carry out an assessment

the existing barriers and potential

development

renewable energy communities.

(4)Without prejudice to Malta’s exercise

the derogations from Articles 4 and 6

Directive (EU) 2019/944 the development

renewable energy communities shall be promoted and facilitated ensuring, inter alia, that: (

  1. a)unjustified regulatory and administrative barriers to renewable energy communities are removed; (
  2. 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; (
  3. c)the relevant distribution system operator cooperates with renewable energy communities to facilitate energy transfers within renewable energy communities; (
  4. 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

the system in conformity with a transparent cost-benefit analysis

distributed energy sources developed by the national competent authorities; (

  1. 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; (
  2. f)the participation in the renewable energy communities is accessible to all consumers, including those in low-income or vulnerable households; PROMOTION

ENERGY FROM RENEWABLE SOURCES (

  1. g)tools to facilitate information are available; access to [ S.L. 545.43 finance 35 and (
  2. 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; (
  3. i)rules to secure the equal and non-discriminatory treatment

consumers that participate in the renewable energy community are in place: Provided that any limitations to the exercise

the above functions arising out

the exercise

said derogations shall not be deemed unjustified.

(5)A summary

the policies and measures supporting renewable energy communities and

their implementation, shall be part

the updates

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

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

Directive (EU) 2019/944. 20.

(1)All relevant authorities in issuing support measures within the scope

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

heating, cooling and electricity equipment and systems, and suppliers

vehicles compatible with the use

renewable energy and

intelligent transport systems.

(2)Suppliers

equipment and systems for the use

heating, cooling and electricity from renewable sources shall make available information on the net benefits, cost and energy efficiency

such equipment and systems.

(3)Information on certification schemes or equivalent qualification schemes for installers and designers

all forms

renewable heating and cooling systems in buildings, industry and agriculture, for installers

solar photovoltaic systems, including Information and training. 36 [ S.L. 545.43 PROMOTION

ENERGY FROM RENEWABLE SOURCES energy storage, and for installers

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

individuals who are qualified or certified through such schemes.

(4)The Regulator, where appropriate with the participation

relevant public authorities, shall develop suitable information, awareness-raising, guidance or training programmes in order to inform citizens

how to exercise their rights as active customers, and

the benefits and practicalities, including technical and financial aspects,

developing and using energy from renewable sources, including by renewables self-consumption or in the framework

renewable energy communities. Guarantees

origin for energy from renewable sources. S.L. 545.44. 21. Guarantees

origin for energy from renewable shall be issued by the Regulator subject to the provisions

the Guarantees

Origin

Electricity from High-Efficiency Cogeneration and

Energy from Renewable Energy Sources Regulations. PART IV Support Schemes, Projects and Cooperation. Support schemes for energy from renewable sources. 22.

(1)Support schemes applied to aid the achievement

Malta’s contribution referred to in sub-regulation

(1)

regulation 3 shall comply with this regulation.

(2)Support schemes for electricity from renewable sources shall provide incentives for the integration

electricity from renewable sources in the electricity market in a market-based and market-responsive way, and shall avoid unnecessary distortions

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

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

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)

Regulation (EU) 2019/943, to which Article 19d

(1)

the said Regulation applies.

(6)Small-scale installations and demonstration projects may be exempted from the provisions

sub-regulations

(3)to
(5), without PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 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

electricity from renewable sources would lead to a suboptimal result, in view

: (a) the long-term potential

a particular technology; (

  1. b)the need to achieve diversification; (
  2. c)grid integration costs; (
  3. d)network constraints and grid stability; and (
  4. e)for biomass, the need to avoid distortions

raw materials markets.

(11)Where support for electricity from renewable sources is granted by means

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

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

the rules applicable to such support scheme, or

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

the internal market 37 38 [ S.L. 545.43                   S.L. 427.64. PROMOTION

ENERGY FROM RENEWABLE SOURCES

(13)The technical specifications referred to in sub-regulation
(12)shall be expressed in terms

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

harmonised standards shall be given to those harmonised standards, the references

which have been published in the

ficial Journal

the European Union in support

Union law, including Regulation (EU) 2017/1369

the European Parliament and

the Council

4 July 2017 setting a framework for energy labelling and repealing Directive 2010/30/EU, and the Framework for the Setting

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

origin in respect

the supported renewable energy produced, or shall appropriately take into account the market value

the guarantee

origin for the same production: Provided that it shall be presumed that the market value

the guarantee

origin has been appropriately taken into account in any

the following cases: (a) where the financial support is granted by way

a tendering procedure or a tradable green certificate system; (b) where the market value

the guarantees

origin is administratively taken into account in the level

financial support; or (c) where the guarantees

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

the guarantee

origin, the rules applicable to any specific support schemes may allow for guarantees

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. PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 23.

(1)Energy producers producing energy from biomass shall take into account the waste hierarchy established in regulation 4A

the Waste Regulations and shall ensure the application

the principle

the cascading use

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)Rules applicable to production

energy from biomass and to support.  S.L. 549.63. Renewable energy produced from: (a) biomass in respect

which the obligations stipulated in sub-regulation

(1)have not been complied with; (b) the use

saw logs, veneer logs, industrial grade roundwood, stumps and roots; and (c) the incineration

waste in respect

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

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

priorities:

(4)where: (
  1. a)wood-based products; (
  2. b)extending the service life

wood-based products; (

  1. c)re-use; (
  2. d)recycling; (
  3. e)bioenergy; and (
  4. f)disposal. The provisions

sub-regulation

(1)shall not apply (a) this is needed to ensure security

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: 39  S.L. 549.63. 40 [ S.L. 545.43 PROMOTION

ENERGY FROM RENEWABLE SOURCES (

  1. 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; (
  2. ii)salvage logging following documented natural disturbances; or (iii) the harvest

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

any derogations made pursuant to subregulation

(4)together with the reasons for such derogations and the geographical scale to which they apply.        S.L. 545.45.
(6)No support shall be granted for the production

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)

the Biofuels, Bioliquids and Biomass Fuels (Sustainability Criteria) Regulations. Opening

support schemes for electricity from renewable sources. 24.

(1)The Minister shall have the right, in accordance with the provisions

these regulations, to decide to which extent electricity from renewable sources which is produced in another Member State is supported. However, the Minister may open participation in support schemes for electricity from renewable sources to producers located in other Member States, subject to the conditions 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

the newly-supported capacity, or

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

interconnectivity

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

physical import

electricity from renewable sources and, to that end, may limit PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 41 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

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

such participation covering at least the principles

allocation

renewable electricity that is the subject

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. 25.

(1)Without prejudice to adaptations necessary to comply with Articles 107 and 108 TFEU, the Minister shall ensure that the level

, 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

projects that already benefit from support.

(2)The Minister may adjust the level

support in accordance with objective criteria, provided that such criteria are established in the original design

the support scheme.

(3)The Minister shall publish a long-term schedule anticipating the expected allocation

support, covering as a reference, at least the following five

(5)years or, in the case

budgetary planning constraints, the following three

(3)years, including the indicative timing, the frequency

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

support.

(5)The Minister shall, at least every
(5)five years, carry out an assessment

: (a) the effectiveness

electricity from renewable sources; (b) support schemes for the major distributive effects

support schemes Stability

financial support. 42 PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 for electricity from renewable sources on different consumer groups, and on investments; and (c) schemes. the effect

possible changes to the support

(6)The assessments referred to in sub-regulation
(5)shall be included in the relevant updates

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

the support and design

new support. Union renewable development platform and statistical transfers between Member States. 26.

(1)The Minister may make arrangements for the statistical transfer

a specified amount

energy from renewable sources from Malta to another Member State, or from another Member State to Malta, as the case may be.

(2)The transferred amount shall be: (a) deducted from the amount

energy from renewable sources that is taken into account in calculating the renewable energy share

the Member State making the transfer for the purposes

the Directive; and (b) added to the amount

energy from renewable sources that is taken into account in calculating the renewable energy share

the Member State accepting the transfer for the purposes

the Directive.

(3)The Minister may, for the purposes

sub-regulation

(1), make use

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

or exceed its contribution, and an indication

the price at which Malta would accept to transfer any excess production

energy from renewable sources from, or to another Member State.

(4)The price

any transfers effected in terms

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

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

each year in which they have effect. PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 43

(6)The information sent to the Commission referred to in sub-regulation
(5)shall include the quantity and price

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. 27.
(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

joint projects with regard to the production

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

renewable energy: Provided that by 31 December 2030, the Minister shall endeavour to agree on establishing at least two joint projects.

(3)The identification

joint

fshore renewable energy projects shall be consistent with the needs identified in the high-level strategic integrated

fshore network development plans for each seabasin referred to in Article 14

(2)

Regulation (EU) 2022/869

the European Parliament and

the Council

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)

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

the costs and benefits shall be undertaken, with all the relevant costs and benefits

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

15 September 2020 on the Union renewable energy financing mechanism Joint projects with other Member States. 44 PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 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

the proportion or amount

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

an installation that was refurbished after that date, which is to be regarded as counting towards the renewable energy share

another Member State for the purposes

the Directive: Provided that units

energy from renewable sources imputable to an increase in the capacity

an installation shall be treated as if they were produced by a separate installation becoming operational at the moment at which the increase

capacity occurred.

(8)The notification referred to in sub-regulation
(7)shall: (
  1. a)describe the proposed installation or identify the refurbished installation located in Malta; (
  2. b)specify the proportion or amount

electricity or heating or cooling produced from the installation which is to be regarded as counting towards the renewable energy share

the other Member State; (

  1. c)identify the Member State in whose favour the notification is being made; and (
  2. 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

the other Member State.

(9)The duration

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

the relevant Maltese authorities and the relevant authorities

the Member State identified in accordance with paragraph (c)

sub-regulation

(8).
(11)The Minister may request the Commission to facilitate the establishment

joint projects with other Member States, in particular by means

dedicated technical assistance and project development assistance.

(12)On the basis

the indicative goals for

fshore renewable energy generation to be deployed within each sea basin, PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 45 identified in accordance with Article 14

Regulation (EU) 2022/869

30 May 2022

the European Parliament and

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

fshore 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

fshore 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

fshore renewable energy projects, the relevant authorities shall reduce the complexity and increase the efficiency and transparency

the permitgranting procedure, shall enhance cooperation among themselves and shall, where appropriate, establish a single contact point. 28.

(1)Within three
(3)months

the end

each year falling within the period referred to in regulation 27

(3)(d), the Minister shall issue a letter

notification stating: (a) the total amount

electricity, heating or cooling produced from renewable sources during that year by the installation which was the subject

the notification in terms

regulation 27; and (b) the amount

electricity, heating or cooling produced from renewable sources during that year by such installation which is to count towards the renewable energy share

another Member State in accordance with the terms

the notification.

(2)The Minister shall submit the letter

notification to the Member State in whose favour the notification was made and to the Commission.

(3)The amount

electricity, heating or cooling from renewable sources notified in accordance with paragraph (b)

subregulation

(1)shall be: (a) deducted from the amount

electricity, heating or cooling from renewable sources that is taken into account in calculating Malta’s renewable energy share for the purposes

these regulations; and (b) added to the amount

electricity, heating or Effects

joint projects with other Member States. 46 [ S.L. 545.43 PROMOTION

ENERGY FROM RENEWABLE SOURCES cooling from renewable sources that is taken into account in calculating the renewable energy share

the Member State receiving the letter

notification pursuant to sub-regulation

(2)for the purposes

the Directive. Joint projects with third countries. 29.

(1)The Minister may make arrangements, or designate an authority or entity to make such arrangements, for the purpose

cooperation with one

(1)or more third countries on all types

joint projects with regard to the production

electricity from renewable sources, where cooperation may also involve private operators and shall take place in full respect

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

calculating Malta’s renewable energy share and, where other Member States are involved in the cooperation, for the purposes

calculating their renewable energy shares, only where the following conditions are satisfied: (

  1. a)the electricity is consumed in the Union, which is deemed to be satisfied where: (
  2. i)an equivalent amount

electricity to the electricity accounted for has been firmly nominated to the allocated interconnection capacity by all responsible transmission system operators in the country

origin, the country

destination and, if relevant, each third country

transit; (ii) an equivalent amount

electricity to the electricity accounted for has been firmly registered in the schedule

balance by the responsible transmission system operator on the Union side

an interconnector; and (iii) the nominated capacity and the production

electricity from renewable sources by the installation referred to in paragraph (b) refer to the same period

time; (b) the electricity is produced by an installation that became operational after 25th June 2009 or by the increased capacity

an installation that was refurbished after such date, under a joint project as referred to in sub-regulation

(1): Provided that units

energy from renewable sources imputable to an increase in the capacity

an PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 installation shall be treated as if they were produced by a separate installation becoming operational at the moment at which the increase

capacity occurred; (c) the amount

electricity produced and exported has not received support from a support scheme

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

Europe Convention for the Protection

Human Rights and Fundamental Freedoms, or other international conventions or treaties on human rights.

(3)For the purposes

sub-regulation

(4), the Minister may apply to the Commission for account to be taken

electricity from renewable sources produced and consumed in a third country, in the context

the construction

an interconnector with a very long leadtime between a Member State and a third country where the following conditions are met: (a) construction

the interconnector started by 31 December 2026; (

  1. b)it is not possible for the interconnector to become operational by 31 December 2030; (
  2. c)it is possible for the interconnector to become operational by 31 December 2032; (
  3. d)after it becomes operational, the interconnector is to be used for the export

electricity from renewable sources to the Union, in accordance with sub-regulation

(2); and (
  1. e)the application relates to a joint project that fulfils the criteria established in paragraphs (
  2. b)and (c)

subregulation

(2)and that will use the interconnector after it becomes operational, and refers to a quantity

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

electricity produced by any installation in the territory

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

such proportion or amount shall be notified to the Commission: Provided that the proportion or amount shall not exceed 47 48 PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 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)

paragraph (a)

sub-regulation

(2)and shall satisfy the conditions established in paragraph (a)

the said sub-regulation.

(5)The notification referred to in sub-regulation
(4)shall: (
  1. a)describe the proposed installation or identify the refurbished installation; (
  2. b)specify the proportion or amount

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; (

  1. 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 (
  2. d)include an acknowledgement

paragraphs (

  1. b)and (
  2. c)by the third country in whose territory the installation is to become operational and an indication

the proportion or amount

electricity produced by the installation which will be used domestically by such third country.

(6)The duration

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)

sub-regulation

(5). Effects

joint projects with third countries. 30.

(1)Within twelve
(12)months

the end

each year falling within the period specified under paragraph (c)

subregulation

(5)

regulation 29, the Minister shall issue a letter

notification stating: (a) the total amount

electricity produced from renewable sources during that year by the installation which was the subject

the notification in accordance with regulation 29; (b) the amount

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

the notification in accordance with regulation 29; and PROMOTION

ENERGY FROM RENEWABLE SOURCES (c) proof

compliance with the established in sub-regulation

(2)

regulation 29. [ S.L. 545.43 conditions

(2)The Minister shall submit the letter

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)

sub-regulation

(5)

regulation 29.

(3)For the purposes

calculating the renewable energy shares under these regulations, the amount

electricity from renewable sources notified in accordance with paragraph (b)

subregulation

(1)shall be added to the amount

energy from renewable sources that is taken into account in calculating Malta’s renewable energy shares. 31.

(1)Without prejudice to the obligations

the Minister under regulation 24, the Minister may agree with the relevant authorities

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

national support schemes, a certain amount

energy from renewable sources produced in Malta may count towards the renewable energy share

another participating Member State, or vice-versa, provided that Malta and any other Member State concerned: (a) make a statistical transfer

specified amounts

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

energy from renewable sources between them.

(3)A distribution rule as referred to in paragraph (b)

subregulation

(2)shall be notified by the Minister to the Commission not later than three
(3)months after the end

the first year in which it takes effect.

(4)Within three
(3)months

the end

each year, where a notification has been made in accordance with sub-regulation

(3), the Minister shall issue a letter

notification stating the total amount

electricity or heating or cooling from renewable sources produced during the year which is to be the subject

the distribution rule.

(5)For the purposes

calculating the renewable energy shares under these regulations, the amount

electricity or heating or cooling from renewable sources notified in accordance with subregulation

(4), shall be reallocated between Malta and any Member Joint support schemes. 49 50 PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 State concerned in accordance with the notified distribution rule.

(6)The Minister may request the Commission to facilitate the establishment

joint support schemes between Malta and any other Member State. PART V Administrative and Permitting Procedures for the Deployment

New Renewable Capacity. Administrative procedures, regulations and codes. 32.

(1)Any national rules concerning the authorisation, certification and licensing procedures that are applied to: (a) plants and associated transmission and distribution networks for the production

electricity, heating or cooling from renewable sources; (b) the process

transformation

biomass into biofuels, bioliquids, biomass fuels or other energy products; and (c) renewable transport fuels

non-biological origin; shall be proportionate and necessary and shall contribute to the implementation

the energy efficiency first principle.

(2)The relevant authorities shall, in particular and to the extent that this is within the scope

each

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

individual renewable energy technologies; (

  1. c)administrative charges paid by consumers, planners, periti, builders and equipment and system installers and suppliers are transparent and cost-related; and (
  2. 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 PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 51 environment and for a limited period,

innovative renewable energy technology for producing, sharing and storing

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

renewable energy, including for renewables self-consumption and renewable energy communities, and for the use

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

city infrastructure where appropriate, and to consult the network operators to reflect the impact

energy efficiency and demandresponse programmes as well as specific provisions on renewables self-consumption and renewable energy communities, on the infrastructure development plans

the network operators. 33.

(1)Existing spatial planning documents and plans shall form the basis for the coordinated mapping for the deployment

renewable energy to identify the domestic potential and the available land surface that is necessary for the installation

renewable energy plants required in order to meet the national contribution towards the overall Union renewable energy target for 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

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

Malta’s national energy and climate plans.

(3)For the purposes

identifying the areas referred to in sub-regulation

(1), the following in particular shall be taken into account: (a) the availability

energy from renewable sources Mapping

areas necessary for national contributions towards the overall Union renewable energy target for 2030. 52 PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43 and the potential for renewable energy production

the different types

technology in the land surface areas; (b) the projected demand for energy, whilst taking into account the potential flexibility

the active demand response, expected efficiency gains and energy system integration; and (c) the availability

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

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

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. Renewables acceleration areas. 34.

(1)Areas designated as: (
  1. a)Principal Urban Areas; (
  2. b)Regional Urban Settlements; (
  3. c)Small Urban Settlements; and (
  4. 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

existing buildings or structures. PROMOTION

ENERGY FROM RENEWABLE SOURCES [ S.L. 545.43

(3)The designation referred to in sub-regulation
(1)shall not apply to any buildings or structures which: (
  1. a)have been listed or designated as scheduled buildings or scheduled property under the Development Planning Act; or (
  2. b)have been commended for scheduling by the Superintendent

Cultural Heritage on the grounds

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 D

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.