BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) [ S.L. 545.45] 1 SUBSIDIARY LEGISLATION 545.45 BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) REGULATIONS 17th April, 2026 LEGAL NOTICE 95 of 2026. 1.
(1)The title of these regulations is the Biofuels, Bioliquids and Biomass Fuels (Sustainability Criteria) Regulations. Citation and scope.
(2)These regulations transpose Articles 29 to 31 of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (recast).
(3)These regulations also partially transpose Article 1
(1), Articles 1
(19)to
(22)and Annex I
(5)and Annex I
(6)of Directive (EU) 2023/2413 of the European Parliament and of the Council of 18 October 2023 amending Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and Directive 98/70/EC as regards the promotion of energy from renewable sources, and repealing Council Directive (EU) 2015/ 652. 2.
(1)Unless otherwise required under these regulations, the terms and words defined in the Regulator for Energy and Water Services Act and in the Promotion of Energy from Renewable Sources Regulations shall apply. Interpretation. Cap. 545. S.L. 545.43.
(2)For the purposes of these regulations, and unless the context otherwise requires: "Act" means the Regulator for Energy and Water Services Act; "actual value" means the greenhouse gas emissions saving for some or all of the steps of a specific biofuel, bioliquid or biomass fuel production process, calculated in accordance with the methodology established in Part C of the First Schedule or in Part B of the Second Schedule; "agricultural, aquaculture, fisheries and forestry residues" means residues that are directly generated by agriculture, aquaculture, fisheries and forestry and that do not include residues from related industries or processing; "agricultural biomass" means biomass produced from agriculture; "biowaste" means biodegradable garden and park waste, food and kitchen waste from households, restaurants, caterers Cap. 545. 2 [ S.L. 545.45] BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) and retail premises and comparable waste from food processing plants; "default value" means a value derived from a typical value by the application of pre-determined factors and that may in circumstances specified in these regulations, be used in place of an actual value; "Directive" means Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (recast), as amended from time to time; "economic operator" means a producer of raw material, a collector of waste and residues, an operator of installations processing raw material into final fuels or intermediate products, an operator of installations producing energy (electricity, heating or cooling) or any other operator, including of storage facilities or traders that are in physical possession of raw material or fuels, provided that they process information on the sustainability and greenhouse gas emissions saving characteristics of those raw materials or fuels; "energy" means all forms of available energy, including electricity, heating, cooling, liquefied petroleum gas, any fuel for heating and cooling, coal and transport fuels; "energy content" means the lower calorific value of fuel; "energy consumer" means a natural or legal person who consumes or purchases energy for their own use and not for wholesale or retail purposes; "forest biomass" means biomass produced from forestry; "forest regeneration" means the re-establishment of a forest stand by natural or artificial means following the removal of the previous stand by felling or as a result of natural causes, including fire or storm; "Minister" means the Minister responsible for energy services; "Regulation (EU) 2018/841" means Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU; "Regulator" means the Regulator for Energy and Water BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) [ S.L. 545.45] 3 Services as established by article 3 of the Act; "plantation forest" means a planted forest that is intensively managed and satisfies, at planting and stand maturity, all the following criteria: (a) one
(1)or two
(2)species, even age class, and regular spacing; (b) it includes short rotation plantations for wood, fibre and energy, and excludes forests planted for protection or ecosystem restoration, as well as forests established through planting or seeding, which at stand maturity resemble or will resemble naturally regenerating forests; "sourcing area" means the geographically defined area from which the forest biomass feedstock is sourced, from which reliable and independent information is available and where conditions are sufficiently homogeneous to evaluate the risk of the sustainability and legality characteristics of the forest biomass; "typical value" means an estimate of the greenhouse gas emissions and greenhouse gas emissions savings for a particular biofuel, bioliquid or biomass fuel production pathway which is representative of the Union consumption; "Union database" means the database established by the European Commission to enable the tracing of liquid and gaseous renewable fuels and recycled carbon fuels. 3.
(1)Energy from biofuels, bioliquids and biomass fuels shall be taken into account for the purposes referred to in paragraphs (a), (
- b)and (
- c)only if they fulfil the sustainability and the greenhouse gas emissions saving criteria stipulated in sub-regulations
(6)to
(13): (
- a)counting towards Malta’s contribution to the Union’s renewable energy share target and towards Malta meeting the targets established for the shares of renewable energy in: (
- i)the gross final energy consumption; (
- ii)the building sector; (iii) the industry; (
- iv)heating and cooling; (
- v)district heating and cooling; and Sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels. 4 [ S.L. 545.45] BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) (
- vi)the transport sector; (
- b)measuring compliance with renewable energy obligations; (
- c)eligibility for financial support for consumption of biofuels, bioliquids and biomass fuels. the
(2)Biofuels, bioliquids and biomass fuels produced from waste and residues, other than agricultural, aquaculture, fisheries and forestry residues, are required to fulfil only the greenhouse gas emissions saving criteria stipulated in sub-regulations
(12)and
(13)in order to be taken into account for the purposes referred to in paragraphs (a), (b) and (c) of sub-regulation
(1): Provided that operators may be required to apply mixed waste sorting systems that aim to remove fossil materials: Provided further that this sub-regulation shall also apply to waste and residues that are first processed into a product before being further processed into biofuels, bioliquids and biomass fuels.
(3)Electricity, heating and cooling produced from municipal solid waste shall not be subject to the greenhouse gas emissions saving criteria stipulated in sub-regulations
(12)and
(13).
(4)Biomass fuels shall fulfil the sustainability and greenhouse gas emissions saving criteria stipulated in sub-regulations
(6)to
(11), and
(12)and
(13)if used: (
- a)in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding seven point five megawatts (7.5 MW); (
- b)in the case of gaseous biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding two megawatts (2 MW); (
- c)in the case of installations producing gaseous biomass fuels with the following average biomethane flow rate: (
- i)above two hundred metres cubed (200m3) methane equivalent per hour measured at standard conditions of temperature and pressure, namely zero degrees Celsius (0°C) and one
(1)bar atmospheric pressure; (ii) if biogas is composed of a mixture of methane and non-combustible other gas, for the methane BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) [ S.L. 545.45] flow rate, the threshold established in sub-paragraph (i), recalculated proportionally to the volumetric share of methane in the mixture: Provided that the sustainability and greenhouse gas emissions saving criteria may be applied to installations with a lower total rated thermal input or biomethane flow rate.
(5)The sustainability and the greenhouse gas emissions saving criteria stipulated in sub-regulations
(6)to
(13)shall apply irrespective of the geographical origin of the biomass.
(6)Biofuels, bioliquids and biomass fuels produced from waste and residues derived not from forestry but from agricultural land shall not be taken into account for the purposes referred to in paragraphs (a), (b) and (c) of sub-regulation
(1)unless either the operators or the national authorities of the country in which they are produced have monitoring or management plans in place in order to address the impacts on soil quality and soil carbon, and the information about how those impacts are monitored and managed is being reported pursuant to sub-regulations
(4)to
(6)of regulation 5.
(7)Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in paragraphs (a), (b) and (c) of sub-regulation
(1)shall not be made from raw material obtained from land with a high biodiversity value, namely land that had one of the following statuses in or after January 2008, irrespective of whether the land continues to have such status: (
- a)primary forest and other wooded land, namely forest and other wooded land of native species, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed; and old growth forests as defined in the country where the forest is located; (
- b)highly biodiverse forest and other wooded land which is species-rich and not degraded, and has been identified as being highly biodiverse by the relevant competent authority, unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes; (
- c)areas designated: (
- i)by law or by the relevant competent authority for nature protection purposes, unless evidence is provided that the production of such raw material did not interfere with those nature protection purposes; or (
- ii)for the protection of rare, threatened or endangered ecosystems or species recognised by 5 6 [ S.L. 545.45] BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature, subject to their recognition in accordance with the first sub-paragraph of Article 30
(4)of the Directive, unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes; (d) highly biodiverse grassland spanning more than one
(1)hectare that is: (
- i)natural, namely grassland that would remain grassland in the absence of human intervention and that maintains the natural species composition and ecological characteristics and processes; (
- ii)non-natural, namely grassland that would cease to be grassland in the absence of human intervention and that is species-rich and not degraded and has been identified as being highly biodiverse by the relevant competent authority, unless evidence is provided that the harvesting of the raw material is necessary to preserve its status as highly biodiverse grassland; or (
- e)heathland.
(8)Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in paragraphs (a), (b) and (c) of sub-regulation
(1)shall not be made from raw material obtained from land with high-carbon stock, namely land that had one of the following statuses in January 2008 and no longer has such status: (
- a)wetlands, namely land that is covered with or saturated by water permanently or for a significant part of the year; (
- b)continuously forested areas, namely land spanning more than one
(1)hectare with trees higher than five
(5)metres and a canopy cover of more than thirty percent (30%), or trees able to reach those thresholds in situ; or (c) land spanning more than one
(1)hectare with trees higher than five
(5)metres and a canopy cover of between ten and thirty percent (10% - 30%), or trees able to reach those thresholds in situ, unless evidence is provided that the carbon stock of the area before and after conversion is such that, when the methodology stipulated in Part C of the First Schedule is applied, the conditions stipulated in sub-regulations
(12)and
(13)would be fulfilled: BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) [ S.L. 545.45] Provided that this sub-regulation shall not apply if, at the time the raw material was obtained, the land had the same status as it had in January 2008.
(9)Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to paragraphs (a), (b) and (c) of sub-regulation
(1), shall not be made from raw material obtained from land that was peatland in January 2008, unless evidence is provided that the cultivation and harvesting of such raw material does not involve drainage of previously undrained soil.
(10)Biofuels, bioliquids and biomass fuels produced from forest biomass taken into account for the purposes referred to in paragraphs (a), (b) and (c) of sub-regulation
(1)shall satisfy the following criteria to minimise the risk of using forest biomass derived from unsustainable production: (
- a)the country in which forest biomass was harvested has national or sub-national laws applicable in the area of harvest as well as monitoring and enforcement systems in place ensuring: (
- i)the legality of harvesting operations; (
- ii)forest regeneration of harvested areas; (iii) that areas designated by international or national law or by the relevant competent authority for nature protection purposes, including in wetlands, in grassland, in heathland and peatlands, are protected with the aim of preserving biodiversity and preventing habitat destruction; (
- iv)that harvesting is carried out considering maintenance of soil quality and biodiversity in accordance with sustainable forest management principles, with the aim of preventing any adverse impact, in a way that avoids harvesting of stumps and roots, degradation of primary forests, and of old growth forests as defined in the country where the forest is located, or their conversion into plantation forests, and harvesting on vulnerable soils; that harvesting is carried out in compliance with maximum thresholds for large clear-cuts as defined in the country where the forest is located and with locally and ecologically appropriate retention thresholds for deadwood extraction; and that harvesting is carried out in compliance with requirements to use logging systems that minimise any adverse impact on soil quality, including soil compaction, and on 7 8 [ S.L. 545.45] BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) biodiversity features and habitats; (
- v)that harvesting maintains or improves the long-term production capacity of the forest; (
- vi)that forests in which the forest biomass is harvested do not stem from the lands that have the statuses referred to in paragraphs (a), (b), (
- d)and (
- e)of sub-regulation
(7), paragraph (a) of sub-regulation
(8), and sub-regulation
(9)respectively, under the same conditions of determination of the status of land specified in those paragraphs; and (vii) that installations producing biofuels, bioliquids and biomass fuels from forest biomass, issue a statement of assurance, underpinned by company-level internal processes, for the purpose of the audits conducted pursuant to sub-regulations
(4)to
(6)of regulation 5, that the forest biomass is not sourced from the lands referred to in sub-paragraph (vi): Provided that where the conditions established in sub-paragraphs (vi) and (vii) are not satisfied, sub-regulation
(7)with the exception of paragraph (c), sub-regulation
(8)with the exception of paragraphs (
- b)and (
- c)and sub-regulation
(9)shall also apply to biofuels, bioliquids and biomass fuels produced from forest biomass. (
- b)when the evidence referred to in paragraph (
- a)is not available, the biofuels, bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in paragraphs (a), (
- b)and (
- c)of subregulation
(1)if management systems are in place at forest sourcing area level ensuring: (
- i)the legality of harvesting operations; (
- ii)forest regeneration of harvested areas; (iii) that areas designated by international or national law or by the relevant competent authority for nature protection purposes, including in wetlands, in grassland, in heathland and peatlands, are protected with the aim of preserving biodiversity and preventing habitat destruction, unless evidence is provided that the harvesting of such raw material does not interfere with those nature protection purposes; (
- iv)that harvesting is carried out considering BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) [ S.L. 545.45] maintenance of soil quality and biodiversity, in accordance with sustainable forest management principles, with the aim of preventing any adverse impact, in a way that avoids harvesting of stumps and roots, degradation of primary forests, and of old growth forests as defined in the country where the forest is located, or their conversion into plantation forests, and harvesting on vulnerable soils; that harvesting is carried out in compliance with maximum thresholds for large clear-cuts as defined in the country where the forest is located, and with locally and ecologically appropriate retention thresholds for deadwood extraction; and that harvesting is carried out in compliance with requirements to use logging systems that minimise any adverse impact on soil quality, including soil compaction, and on biodiversity features and habitats; and (
- v)that harvesting maintains or improves the long-term production capacity of the forest.
(11)Biofuels, bioliquids and biomass fuels produced from forest biomass taken into account for the purposes referred to in paragraphs (a), (b) and (c) of sub-regulation
(1)shall satisfy the following land-use, land-use change and forestry (LULUCF) criteria: (
- a)the country or regional economic integration organisation of origin of the forest biomass is a Party to the Paris Agreement under the United Nations Framework Convention on Climate Change; and (
- i)it has submitted a nationally determined contribution to the United Nations Framework Convention on Climate Change (UNFCCC), covering emissions and removals from agriculture, forestry and land use sectors which ensures that changes in carbon stock associated with biomass harvest are accounted towards the country’s commitment to reduce or limit greenhouse gas emissions as specified in the nationally determined contribution; or (
- ii)it has national or sub-national laws in place, in accordance with Article 5 of the Paris Agreement, applicable in the area of harvest, to conserve and enhance carbon stocks and sinks, and providing evidence that reported LULUCF-sector emissions do not exceed removals; (
- b)where the evidence referred to in paragraph (
- a)is not available, the biofuels, bioliquids and biomass fuels produced from forest biomass shall be taken into account for 9 10 [ S.L. 545.45] BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) the purposes referred to in paragraphs (a), (
- b)and (
- c)of subregulation
(1)if management systems are in place at forest sourcing area level to ensure that carbon stocks and sinks levels in the forest are maintained, or strengthened over the long term.
(12)The greenhouse gas emission savings from the use of biofuels, bioliquids and biomass fuels taken into account for the purposes referred to in sub-regulation
(1)shall be: (
- a)at least fifty percent (50%) for biofuels, biogas consumed in the transport sector, and bioliquids produced in installations in operation on or before 5th October 2015; (
- b)at least sixty percent (60%) for biofuels, biogas consumed in the transport sector, and bioliquids produced in installations which started operating from 6th October 2015 until 31st December 2020; (
- c)at least sixty-five percent (65%) for biofuels, biogas consumed in the transport sector, and bioliquids produced in installations which started operating from 1st January 2021; (
- d)for electricity, heating and cooling production from biomass fuels used in installations that started operating after 20th November 2023, at least eighty percent (80%); (
- e)for electricity, heating and cooling production from biomass fuels used in installations with a total rated thermal input equal to or exceeding ten megawatts (10 MW) that started operating between 1st January 2021 and 20th November 2023, at least seventy percent (70%) until 31st December 2029, and at least eighty percent (80%) from 1st January 2030; (
- f)for electricity, heating and cooling production from gaseous biomass fuels used in installations with a total rated thermal input equal to or lower than ten megawatts (10 MW) that started operating between 1st January 2021 and 20th November 2023, at least seventy percent (70%) before they have been operating for fifteen
(15)years, and at least eighty percent (80%) after they have been in operation for fifteen
(15)years; (g) for electricity, heating and cooling production from biomass fuels used in installations with a total rated thermal input equal to or exceeding ten megawatts (10 MW) that started operating before 1st January 2021, at least eighty percent (80%) after they have been operating for fifteen
(15)years, at the earliest from 1st January 2026 and at the latest from 31st December 2029; BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) [ S.L. 545.45] (h) for electricity, heating and cooling production from gaseous biomass fuels used in installations with a total rated thermal input equal to or lower than ten megawatts (10 MW) that started operating before 1st January 2021, at least eighty percent (80%) after they have been operating for fifteen
(15)years and at the earliest from 1st January 2026: Provided that an installation shall be considered to be in operation once the physical production of biofuels, biogas consumed in the transport sector and bioliquids, and the physical production of heating and cooling and electricity from biomass fuels has started.
(13)The greenhouse gas emission savings from the use of biofuels, biogas consumed in the transport sector, bioliquids and biomass fuels used in installations producing heating, cooling and electricity shall be calculated in accordance with regulation 6
(1).
(14)The production of biofuels, bioliquids and biomass fuels from domestic forest biomass shall be consistent with Malta’s commitments and targets stipulated in Article 4 of Regulation (EU) 2018/841 and with the relative policies and measures described in Malta’s integrated national energy and climate plans submitted pursuant to Articles 3 and 14 of Regulation (EU) 2018/1999.
(15)Following the inclusion within Malta’s national energy and climate plan of: (
- a)an assessment of the domestic supply of forest biomass available for energy purposes in 2021-2030; (
- b)an assessment of the compatibility of the projected use of forest biomass for the production of energy with Malta’s targets and budgets for 2026 to 2030 stipulated in Article 4 of Regulation (EU) 2018/841; and (
- c)a description of the national measures and policies ensuring compatibility with those targets and budgets, a report on the measures and policies referred to in paragraph (
- c)shall be included in Malta’s integrated national energy and climate progress reports submitted pursuant to Article 17 of Regulation (EU) 2018/1999.
(16)Electricity from biomass fuels shall be taken into account for the purposes referred to in paragraphs (a), (b) and (c) of subregulation
(1)only if it satisfies one
(1)or more of the following requirements: (
- a)it is produced in installations with a total rated thermal input below fifty megawatts (50 MW); 11 12 BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) [ S.L. 545.45] (
- b)for installations with a total rated thermal input from fifty to one hundred megawatts (50 - 100 MW), it is produced applying high-efficiency cogeneration technology or, for electricity-only installations, meeting an energy efficiency level associated with the best available techniques (BATAEELs) as defined in Commission Implementing Decision (EU) 2017/1442 of 31 July 2017 establishing best available techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the Council, for large combustion plants (notified under document C
(2017)5225); (
- c)for installations with a total rated thermal input above one hundred megawatts (100 MW), it is produced applying high-efficiency cogeneration technology or, for electricity-only installations, achieving a net-electrical efficiency of at least thirty-six percent (36%); (
- d)storage: S.L. 545.33. it is produced applying biomass CO2 capture and Provided that for the purposes of paragraphs (a), (
- b)and (
- c)of sub-regulation
(1), electricity-only-installations shall be taken into account only if they do not use fossil fuels as a main fuel and only if there is no cost-effective potential for the application of high-efficiency cogeneration technology according to the assessment carried out in accordance with the Energy Efficiency Regulations.
(17)Sub-regulation
(16)shall: (
- a)apply only to installations starting operation or converted to the use of biomass fuels after 25 December 2021 for the purposes of paragraphs (
- a)and (
- b)of sub-regulation
(1); S.L. 545.43. (
- b)be without prejudice to support granted under support schemes in accordance with regulation 22 of the Promotion of Energy from Renewable Sources Regulations approved by 25 December 2021 for the purposes of paragraph (
- c)of sub-regulation
(1); (c) not apply to electricity from installations which are the object of a specific notification to the European Commission based on the duly substantiated existence of risks for the security of supply of electricity: Provided that higher energy efficiency requirements may be applied to installations with lower rated thermal input. BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) [ S.L. 545.45]
(18)For the purposes referred to in paragraphs (a), (b) and (c) of sub-regulation
(1), and without prejudice to regulations 14 and 15 of the Promotion of Energy from Renewable Sources Regulations, the Regulator shall not refuse to take into account, on other sustainability grounds, biofuels and bioliquids obtained in compliance with this regulation, provided that this sub-regulation shall be without prejudice to public support granted under support schemes approved before 24th December 2018. 13 S.L. 545.43.
(19)For the purposes referred to in paragraphs (a), (b) and (c) of sub-regulation
(1), additional sustainability criteria for biomass fuels may be established.
(20)Until 31st December 2030, energy from biofuels, bioliquids and biomass fuels may also be taken into account for the purposes referred to in paragraphs (a), (b) and (c) of sub-regulation
(1), where: (
- a)support was granted before 20th November 2023, in accordance with the sustainability and greenhouse gas emissions saving criteria established in Article 29 of the Directive in its version in force on 29th September 2020; and (
- b)support was granted in the form of a long-term support for which a fixed amount had been determined at the start of the support period and a correction mechanism is established to ensure the absence of overcompensation. 4.
(1)Energy from renewable fuels of non-biological origin shall be counted towards Malta’s shares of renewable energy and the targets referred to in regulation 3
(1)(a) only if the greenhouse gas emissions savings from the use of those fuels are at least seventy percent (70%). Greenhouse gas emissions saving criteria for renewable fuels of non-biological origin and recycled carbon fuels.
(2)Energy from recycled carbon fuels may be counted towards the targets for the amount of renewable fuels and renewable electricity supplied to the transport sector only if the greenhouse gas emissions savings from the use of those fuels are at least seventy percent (70%). 5.
(1)Where renewable fuels and recycled carbon fuels are to be counted towards the targets referred to in regulation 3
(1)(a), economic operators are required to show, by means of mandatory independent and transparent audits, in accordance with the implementing act adopted pursuant to paragraph 8 of Article 30 of the Directive, that the sustainability and greenhouse gas emissions saving criteria stipulated in regulation 3
(6)to
(13)and regulation 4 for renewable fuels and recycled-carbon fuels have been fulfilled and to that end, economic operators are required to use a mass balance system which: Verification of compliance with the sustainability and greenhouse gas emissions saving criteria. 14 [ S.L. 545.45] BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) (
- a)allows consignments of raw material or fuels with differing sustainability and greenhouse gas emissions saving characteristics to be mixed for instance in a container, processing or logistical facility, transmission and distribution infrastructure or site; (
- b)allows consignments of raw material with differing energy content to be mixed for the purposes of further processing, provided that the size of consignments is adjusted according to their energy content; (
- c)requires information about the sustainability and greenhouse gas emissions saving characteristics and sizes of the consignments referred to in paragraph (
- a)to remain assigned to the mixture; and (
- d)provides for the sum of all consignments withdrawn from the mixture to be described as having the same sustainability characteristics, in the same quantities, as the sum of all consignments added to the mixture and requires that this balance be achieved over an appropriate period of time.
(2)The mass balance system referred to in sub-regulation
(1)shall ensure that each consignment is counted only once when calculating the gross final consumption of electricity from renewable sources, the gross final consumption of energy from renewable sources in the heating and cooling sector and the final consumption of energy from renewable sources in the transport sector, for the purposes of calculating the gross final consumption of energy from renewable sources, and shall include information on whether support has been provided for the production of such consignment, and in that case, on the type of support scheme.
(3)Where a consignment is processed, information on the sustainability and greenhouse gas emissions saving characteristics of the consignment shall be adjusted and assigned to the output in accordance with the following rules: (a) when the processing of a consignment of raw material yields only one
(1)output that is intended for the production of biofuels, bioliquids or biomass fuels, renewable fuels of non-biological origin, or recycled carbon fuels, the size of the consignment and the related quantities of sustainability and greenhouse gas emissions saving characteristics shall be adjusted applying a conversion factor representing the ratio between the mass of the output that is intended for such production and the mass of the raw material entering the process; (b) when the processing of a consignment of raw BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) [ S.L. 545.45] material yields more than one
(1)output that is intended for the production of biofuels, bioliquids or biomass fuels, renewable fuels of non-biological origin, or recycled carbon fuels, for each output a separate conversion factor shall be applied and a separate mass balance shall be used.
(4)Economic operators shall submit reliable information to the Regulator regarding the compliance with the sustainability and greenhouse gas emissions saving criteria stipulated in regulation 3
(6)to
(13)and regulation 4 and shall make available to the Regulator when so requested, and to any competent authority within any relevant Member State, as the case may be, and upon request, the data used to develop such information: Provided that the Regulator may require the availability of this information on behalf of such other competent authority.
(5)Economic operators are required to arrange for an adequate standard of independent auditing of the information submitted, and to provide evidence to the Regulator that this has been carried out: Provided that in order to comply with paragraphs (a), (b), (d) and (e) of regulation 3
(7), with paragraph (a) of regulation 3
(8), with regulation 3
(9), with paragraph (a) of regulation 3
(10), and with paragraph (a) of regulation 3
(11), the first or second party auditing may be used up to the first gathering point of the forest biomass.
(6)The auditing referred to in sub-regulation
(5)shall verify that the systems used by economic operators are accurate, reliable and protected against fraud, including verification ensuring that materials are not intentionally modified or discarded to allow the consignment or part thereof to become a waste or residue, and shall furthermore also evaluate the frequency and methodology of sampling and the robustness of the data.
(7)The auditing referred to in sub-regulation
(5)is to conform with the following: (
- a)economic operators who are producers of biofuels, bioliquids or biomass fuels, renewable fuels of nonbiological origin, or recycled carbon fuels shall ensure that auditing and verification is to be compiled: (
- i)under voluntary national or international schemes approved by the European Commission; or (
- ii)under national schemes which may be set up pursuant to sub-regulation
(12); and (
- b)economic operators importing biofuels, bioliquids 15 16 [ S.L. 545.45] BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) or biomass fuels, renewable fuels of non-biological origin, or recycled carbon fuels shall ensure that such auditing and verification shall be compiled: (
- i)under voluntary national or international schemes approved by the European Commission; or (
- ii)under national schemes approved by Member States which comply with the sustainability criteria contained in the Directive.
(8)The obligations stipulated in sub-regulations
(4)to
(7)shall apply regardless of whether renewable fuels and recycled carbon fuels are produced within or are imported into the Union.
(9)Economic operators and suppliers shall make the information about the geographic origin and feedstock type of biofuels, bioliquids and biomass fuels available to consumers in an up-to-date, easily accessible, and user-friendly manner on their websites and shall update such information on an annual basis.
(10)The Regulator shall submit to the Minister, in aggregated form, the information referred to in sub-regulation
(4), for transmission to the European Commission. S.L. 545.43.
(11)Any voluntary national scheme setting standards for the production of renewable fuels and recycled carbon fuels, shall comply with requests by the European Commission to provide accurate data on greenhouse gas emissions savings for the purposes of regulations 3
(12)and
(13)and regulation 4, to demonstrate compliance with subregulations
(3)to
(5)of regulation 16 of the Promotion of Energy from Renewable Sources Regulations, with sub-regulations
(6)to
(8)of regulation 7 and with regulation 8, or to demonstrate that consignments of biofuels, bioliquids and biomass fuels comply with the sustainability criteria stipulated in sub-regulations
(6)to
(11)of regulation 3: Provided that when demonstrating that the criteria stipulated in sub-regulations
(10)and
(11)of regulation 3 are satisfied, the operators may provide the required evidence directly at sourcing area level.
(12)A national scheme may be established where compliance with the sustainability and greenhouse gas emissions saving criteria stipulated in sub-regulations
(6)to
(13)of regulation 3 and in regulation 4, in accordance with the methodology developed under Article 29a
(3)of the Directive, is verified throughout the entire chain of custody involving competent authorities. BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) [ S.L. 545.45]
(13)The scheme described in sub-regulation
(12)may also be used to verify the accuracy and completeness of the information included by economic operators in the Union database, to demonstrate compliance with sub-regulations
(3)to
(5)of regulation 16 of the Promotion of Energy from Renewable Sources Regulations and for the certification of biofuels, bioliquids and biomass fuels with low indirect land-use change-risk. 17 S.L. 545.43.
(14)The Minister may notify a national scheme as described in sub-regulation
(12)to the Commission for assessment.
(15)Any national scheme established in Malta which has been recognised by the European Commission shall, with regards to verification of compliance with the criteria for which it has been recognised, mutually recognise any other Member States’ national schemes found upon assessment by the European Commission to comply with conditions stipulated in the Directive.
(16)A simplified national verification scheme for installations producing electricity, heating and cooling with a total rated thermal input between seven point five and twenty megawatts (7.5 - 20 MW) may be established to ensure the fulfilment of the sustainability and greenhouse gas emissions saving criteria established in sub-regulations
(6)to
(13)of regulation 3: Provided that such schemes shall comply with any uniform conditions which may be established by the European Commission through implementing acts adopted for the purpose of ensuring the fulfilment of the necessary sustainability and greenhouse gas emissions saving criteria.
(17)Where an economic operator provides evidence or data obtained in accordance with a scheme that has been the subject of a decision of the European Commission, the Regulator shall not require the economic operator to provide further evidence of compliance with the elements covered by the scheme, for which the scheme has been recognised by the European Commission. 6.
(1)For the purposes of sub-regulations
(12)and
(13)of regulation 3, the greenhouse gas emissions saving from the use of biofuel, bioliquids and biomass fuels shall be calculated in one of the following ways: (
- a)where a default value for greenhouse gas emissions saving for the production pathway is stipulated in Part A or B of the First Schedule for biofuels and bioliquids and in Part A of the Second Schedule for biomass fuels where the el value for those biofuels or bioliquids calculated in accordance with item 7 of Part C of the First Schedule and for those biomass fuels calculated in accordance with item 7 of Part B of the Second Schedule is equal to or less than zero, by using that Calculation of the greenhouse gas impact of biofuels, bioliquids and biomass fuels. 18 [ S.L. 545.45] BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) default value; (
- b)by using an actual value calculated in accordance with the methodology stipulated in Part C of the First Schedule for biofuels and bioliquids and in Part B of the Second Schedule for biomass fuels; (
- c)by using a value calculated as the sum of the factors of the formulas referred to in item 1 of Part C of the First Schedule, where disaggregated default values in Part D or E of the First Schedule may be used for some factors, and actual values, calculated in accordance with the methodology stipulated in Part C of the First Schedule, are used for all other factors; (
- d)by using a value calculated as the sum of the factors of the formulas referred to in item 1 of Part B of the Second Schedule, where disaggregated default values in Part C of the Second Schedule may be used for some factors, and actual values, calculated in accordance with the methodology stipulated in Part B of the Second Schedule, are used for all other factors.
(2)The Minister may submit to the European Commission reports including information on the typical greenhouse gas emissions from the cultivation of agricultural raw materials of the areas classified as level 2 in the nomenclature of territorial units for statistics (NUTS) or as a more disaggregated NUTS level in accordance with Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS).
(3)Those reports referred to in sub-regulation
(2)shall be accompanied by a description of the method and data sources used to calculate the level of emissions, and the method shall take into account soil characteristics, climate and expected raw material yields. Union database. 7.
(1)The relevant economic operators shall enter accurate data into the Union database comprised of the following information: (
- a)the transactions made; (
- b)the sustainability characteristics of the fuels subject to those transactions, including their life-cycle greenhouse gas emissions, starting from their point of production to the moment they are placed on the market in the Union; (
- c)whether support has been provided for the BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) [ S.L. 545.45] production of a specific consignment of fuel, and in this case, the type of support scheme: Provided that the relative economic operators shall comply with the requirements established in Annex I of Commission Implementing Regulation (EU) 2022/996 of 14 June 2022 on rules to verify sustainability and greenhouse gas emissions saving criteria and low indirect land-use change-risk criteria in making such entries.
(2)For the purposes of sub-regulation
(1)the interconnected gas system shall be considered to be a single mass balance system.
(3)Data on the injection and withdrawal of renewable gaseous fuels shall be provided in the Union database.
(4)Fuel suppliers shall enter the data necessary to verify compliance with any substitution obligation which they are subject to into the Union database.
(5)The Regulator shall have access to the Union database for the purposes of monitoring and data verification.
(6)The accuracy and completeness of the data entered by economic operators into the Union database shall be verified by the Regulator: Provided that such verification may be complemented by a system of guarantees of origin.
(7)The verification described in the sub-regulation
(6)may be carried out through the use of certification bodies in the framework of voluntary schemes recognised by the Commission pursuant to Article 30
(4)and
(5)of the Directive or a national scheme as described in regulation 5
(12).
(8)For the purposes of sub-regulation
(7)voluntary or national schemes may use third-party data systems as intermediaries to collect the data, if such use has been notified to the Commission. 8.
(1)The Regulator may impose an administrative penalty upon any person who breaches any provision of these regulations or who fails to comply with any directive or decision given by the Regulator in ensuring compliance with these regulations.
(2)An administrative penalty imposed under sub-regulation
(1)shall not exceed one hundred thousand euro (€100,000).
(3)An administrative penalty imposed under sub-regulation
(1)shall follow the applicable procedure thereto in accordance with article 13 of the Act and any appeal therefrom shall be made in terms Administrative penalties. 19 20 [ S.L. 545.45] BIOFUELS, BIOLIQUIDS AND BIOMASS FUELS (SUSTAINABILITY CRITERIA) of Part VI of the Act.