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Malta Resources Authority Act (Cap. 423) Guarantees Of Origin Of Electricity From High Efficiency Cogeneration And Renewable Energy Sources Regulations, 2010 (L.N. 92 Of 2010 )

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L.N. 186 of 2004

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Cap. 423.

MALTA RESOURCES AUTHORITY ACT (CAP. 423)Guarantees of Origin of Electricity from High EfficiencyCogeneration and Renewable Energy Sources Regulations,2010

By virtue of the powers conferred by article 28 of the Malta Resources Authority Act, the Minister for Resources and Rural Affairs, after consultation with the Malta Resources Authority, has made the following regulations:-

(2) The scope of these regulations is to establish a regulatory framework for the issuing of guarantee of origin c e r t i fi c a t e s f o r e l e c t r i c i t y p r o d u c e d f r o m h i g h e f fi c i e n c y cogeneration and, or that produced from renewable energy sources.

(2) For the purposes of these regulations, and unless the context otherwise requires:
“the Act” means the Malta Resources Authority Act;
“the Authority” means the Malta Resources Authority as established by article 3 of the Act;
“cogeneration” shall have the same meaning as it has under the Cogeneration Regulations, 2007;
“guarantees of origin certificate” means a certificate issued by the Authority certifying that the origin of electricity in respect of which the certificate is being issued, is being produced from a high-efficiency cogeneration and, or from renewable energy sources. Such interpretation shall not apply to regulation 11 of these regulations;
“guarantees of origin certificate holder” means the person in favour of whom the guarantees of origin certificate is issued or the person to whom it is transferred;
“high-efficiency cogeneration” means that cogeneration of electricity which meets the criteria listed in the Third Schedule to the Cogeneration Regulations, 2007;
“Member State” means a member state of the European
Union;
“the Minister” means the Minister responsible for resources;
“ r e n e w a b l e e n e rg y s o u r c e s ” s h a l l h a v e t h e s a m e meaning as it has under the Promotion of Electricity produced from Renewable Energy Sources Regulations, 2004;
“statement of entitlement” means a statement made to the Authority in respect of the electricity which is the subject of the application for the issue of a guarantees of origin certificate.

(2) No application may be made with the Authority for the issue of a guarantees of origin certificate in respect of electricity generated outside Malta.
(3) An application for the issue of a guarantees of origin certificate shall not be considered valid unless the Authority is provided with:
(a) all the information specified in the First Schedule to these regulations;
( b ) a s t a t e m e n t o f e n t i t l e m e n t s u b m i t t e d b y t h e applicant; and
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L.N. 186 of 2004

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Powers of the authority.

Validity of applications.

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(c) payment of the application fee for the issue of the guarantees of origin certificate to be made payable to the Authority in terms of regulation 10 of these regulations.
following:
(4) A statement of entitlement shall include the
(a) a declaration that the producer of electricity is entitled to the issue of a guarantees of origin certificate; and
(b) a declaration that such person has never submitted and does not intend to submit a request for the issue of a guarantees of origin certificate to any other person or authority outside Malta with respect to the electricity which is the subject of the application.

Determination and granting of guarantees of origin certificates.

(2) The Authority shall issue a guarantees of origin certificate with respect of electricity produced from high efficiency co-generation and, or from renewable energy sources having regard to the following:
( a ) a n a p p l i c a t i o n r e c e i v e d i n a c c o r d a n c e w i t h regulation 4 of these regulations; and
(b) where it is satisfied that the electricity about which the application is being made is duly produced from high-efficiency cogeneration and, or from renewable energy sources.
(3) A guarantees of origin certificate shall be issued to the person submitting the application or to such other person as may be indicated in the application.
(4) The guarantees of origin certificate shall only be issued with regard to the electricity to which the request being made in the application refers to.
(5) A guarantees of origin certificate issued in relation to electricity produced from high efficiency cogeneration and, or from renewable energy sources shall be issued with respect to each
megawatt hour of electricity produced and such megawatt hours shall be rounded up to the nearest megawatt hour and shall not include electricity being consumed for the plant’s own use when producing electricity.
(6) A guarantees of origin certificate:
(a) shall contain all the information listed in the
Second Schedule to these regulations; and
(b) may contain such other related information as the
Authority may deem fit and appropriate to include.
(7) Where a guarantees of origin certificate has been issued in terms of these regulations and such certificate is not at any time revoked, the Authority shall not issue another guarantees of origin certificate with respect to the electricity for which a guarantee of origin certificate has already been issued.

(a) the holder of the of the guarantees of origin certificate believes that the guarantee of origin certificate contains inaccurate information; and
(b) the application is made in writing to the Authority within 21 days from the date of issue of the guarantees of origin certificate.
(2) An application for the replacement of a guarantees of origin certificate shall contain the following information:
(a) statement of the particulars of the guarantees of origin certificate that the holder believes are inaccurate; and
(b) provision of all necessary information in support of that request.
(3) The Authority shall within 40 working days from the date of the receipt of the application, decide whether a replacement or otherwise shall take place with regard to the guarantees of origin certificate, taking into consideration the information submitted to it in this regard, and in doing so the Authority shall give reasons for its decisions:
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Applications for replacement of guarantees of origin certificates.

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Applications for the transfer of guarantees of origin certificates.

Provided that the Authority may where it deems it necessary, revoke the guarantees of origin certificate in terms of regulation 8 of these regulations:
Provided further that in either case mentioned in sub- regulation (3) hereof, failure on the part of the Authority to give reasons for decisions shall not mean, in any manner whatsoever, that a replacement of the existing certificate of guarantees of origin or the issuing of a new certificate has been tacitly granted by the Authority.
(4) The Authority may extend the 40 working day period referred to in sub-regulation (3) hereof for a further period of 40 working days and in doing so the Authority shall inform the applicant in writing of such extended period.
(5) If the Authority decides to issue a replacement for the guarantees of origin certificate it shall do so as soon as possible. The Authority shall inform the holder as soon as possible by means of a written notice if it decides not to replace the guarantees of origin certificate.

(2) An application for the transfer of a guarantee of origin certificate shall be valid if it contains the following:
(a) the details of the guarantee of origin certificate in terms of which an application for transfer is being made; and
(b) the details of the existing holder of the guarantees of origin certificate and of the person in favour of whom the application for transfer of the certificate of guarantee of origin is being made; and
(c) satisfactory evidence of the matters referred to in sub-regulation (1) hereof:
Provided that such application shall be accompanied by the application fee applicable for the transfer of the guarantees of origin certificate.
(3) The Authority shall upon the receipt of a valid application for the transfer of a guarantees of origin certificate, amend the register referred to in regulation 9 of these regulations.

(a) it decides that the guarantees of origin certificate is inaccurate;
(b) it is satisfied that the information provided under regulation 4 of these regulations is incorrect in a material particular; and, or
(c) it is otherwise satisfied that the guarantees of origin certificate should not have been issued, is inaccurate, or was issued to the wrong person.
(2) Where the Authority revokes a guarantees of origin certificate, it shall as soon as it is reasonably practicable, inform the holder of the existing certificate in writing of such revocation.
(3) A guarantees of origin certificate which has been revoked by the Authority under paragraph (a) of sub-regulation (1) hereof shall be treated as if it has never been issued and for the purpose of paragraphs (b) and (c) of sub-regulation (1) hereof, it shall cease to have effect from the date when the information referred to in sub-regulation (2) hereof is given by the Authority.

(a) details of the application received for the issuing of the guarantees of origin certificate and also details of the guarantees of origin certificate issued by the Authority, including the date when such certificate was issued;
(b) details of the guarantees of origin certificate holder including details of transfers of certificate, if any;
(c) the energy source or sources from which the electricity is being produced and to which the guarantees of origin certificate relates;
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Revocation of guarantees of origin certificates.

Keeping of registers.

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Application fees.

(d) the duration period of the guarantees of origin certificate;
(e) the place whereby the electricity to which the certificate of guarantees of origin relates is being produced; and
(f) a list of those certificates of guarantees of origin which have been revoked in terms of regulation 8 of these regulations including the date when such have been revoked.
(2) The Authority shall, when issuing a guarantees of origin certificate, allocate a unique reference number to each certificate issued by it.
(3) The register shall be conclusive as regards whether a guarantees of origin certificate subsists and as to the person who is the registered guarantees of origin certificate holder.

(2) The Authority shall not be required to process an application for the issuing of, replacement or transfer of a guarantees of origin certificate unless the application fee which applies in this regard is paid.
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Regulation 4 (3)
Information to be submitted with an application for the issue of a guarantees of origin certificate:
1. The name and address, and if a company, the registration number, of the person requesting the issue of the guarantees of origin.
2. Where the person signing a statement of entitlement required under regulation 4(4) is not the same person making the request, the name and address of the person signing the statement.
3. Whether the person requesting the issue of a guarantees of origin certificate is the producer of electricity in respect of which the guarantees of origin certificate is being requested and, if not, the name and address, and if a company, the registration number of the producer.
4. The commencement and termination of the period covered by the guarantees of origin certificate for which an application is made.
5. The place where the electricity in respect of which the guarantees of origin certificate is being requested is produced, and the name, if any, of the type of plant generating and, or producing electricity.
6. The quantity of electricity in respect of which the guarantees of origin certificate is being requested, together with the total quantity of electricity being produced by the plant during the period covered by the application.
7. Where electricity, in respect of which an application for the issue of a guarantees of origin certificate is being submitted, was produced from a high efficiency cogeneration:
(a) the information relating to the plant in relation to the Second and
Third Schedules to the Cogeneration Regulations, 2007;
(b) the primary source of fuel from which the electricity was produced; (c) the heat to power ratio of the plant; and
(d) the amount of useful heat being utilised during the period for which the application is being submitted.
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8. Where electricity in respect of which an application for the issue of a guarantees of origin certificate is being submitted, was produced from renewable energy sources:
(a) the energy source or sources of electricity being produced; and
(b) the declared net capacities of the installation, with respect to each source of energy of electricity being produced.
9. Such further information as the Authority may, in particular circumstances, reasonably require:
(a) for the purpose of ensuring the accuracy of the information required under items 1 to 8 hereof; or
(b) to enable the Authority to be satisfied that any electricity produced is from high-efficiency cogeneration or from renewable energy sources.
Regulation 5(6)

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Information to be contained in a guarantees of origin certificate:
1. The name and address, and if a company, the registration number of the person to whom the guarantees of origin certificate has been issued.
2. The date of issue of the guarantees of origin certificate.
3. The reference number given to the certificate issued by the Authority.
4. The commencement and the termination of the period to which the guarantees of origin certificate relates.
5. The place where the electricity to which the guarantees of origin certificate is being requested, is produced, and the name, if any, of the plant.
6 . T h e t o t a l q u a n t i t y o f e l e c t r i c i t y g e n e r a t e d f r o m h i g h e f fi c i e n c y cogeneration calculated in accordance with Annex II of the Directive 2004/8/EC or from renewable energy sources as defined in Article 2c of Directive 2001/77/EC over the period to which the guarantees of origin certificate relates.
7. The energy source or sources of electricity being produced.
8. The declared net capacities of the installation with respect to each source of energy of electricity being produced.
9. In the case of electricity produced from high efficiency cogeneration:
(a) the lower calorific value of the source of fuel from which the electricity was produced;
(b) the use of the heat generated together with the electricity produced during the period for which the guarantees of origin certificate was issued;
(c) the quantity of electricity from high-efficiency cogeneration calculated in terms of the Second Schedule to the Cogeneration Regulations,
2007;
(d) the primary energy savings calculated in terms of paragraph (b) of the Third Schedule to the Cogeneration Regulations, 2007;
(e) the amount of heat utilised during the period to which the guarantees of origin certificate relates;
(f) the quantity of fuel from which the electricity was produced; (g) the power efficiency achieved;
(h) the achieved overall efficiency;
(i) the total quantity of electricity generated over the period to which the guarantees of origin certificate relates.
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Regulation 10
Application fee payable in respect of an:
Application for the issue of a guarantees of origin certificate:
The applicable fee for applying for the issue of a guarantees of origin certificate is of €175;
Application for the replacement of a guarantees of origin certificate:
The applicable fee for applying for the replacement of a guarantees of origin certificate where the replacement is required owing to a failure on the part of the applicant is of €85;
Application for the transfer of a guarantees of origin certificate:
The applicable fee for applying for the transfer of a guarantees of origin certificate is of €25.