GUARANTEES OF ORIGIN OF ELECTRICITY FROM HIGH

EFFICIENCY COGENERATION AND ELECTRICITY, HEATING

AND, OR COOLING FROM RENEWABLE ENERGY SOURCES [ S.L.545.23 1

SUBSIDIARY LEGISLATION 545.23

GUARANTEES OF ORIGIN OF ELECTRICITY
FROM HIGH EFFICIENCY COGENERATION AND
ELECTRICITY, HEATING AND, OR COOLING
FROM RENEWABLE ENERGY SOURCES
REGULATIONS
23rd February, 2010

LEGAL NOTICE 92 of 2010, as amended by Legal Notices 126 of 2011

and 190 of 2012; and Act XXV of 2015.

1. (1) The title of these regulations is the Guarantees of Title and scope.
Origin of Electricity from High Efficiency Cogeneration and Amended by:
L.N. 126 of 2011.
Electricity, Heating and, or Cooling from Renewable Energy
Sources Regulations.
(2) The scope of these regulations is to establish a regulatory
framework for the issuing of guarantee of origin certificates for
electricity produced from high efficiency cogeneration and, or that
produced from renewable energy sources and, for the purposes of
providing to final consumers the share or quantity of energy from
renewable sources in an energy supplier’s energy mix to ensure that
the origin of electricity produced from renewable energy sources
can be guaranteed in accordance with objective, transparent and
non-discriminatory criteria. These regulations also transpose
Article 15 of Directive 2009/28/EC on the promotion of the use of
energy from renewable sources and amending and subsequently
repealing Directives 2001/77/ EC and 2003/30/EC.

2. (1) Unless otherwise required under these regulations, the Interpretation.

definitions prescribed under the Act, the Cogeneration Regulations, Amended by:
L.N. 126 of 2011;
and the Promotion of Electricity produced from Renewable Energy L.N. 190 of 2012;
Sources Regulations shall apply. XXV. 2015.41.
S.L. 545.16
(2) For the purposes of these regulations, and unless the S.L. 545.11
context otherwise requires:
"the Act" means the Regulator for Energy and Water Services Cap. 545.
Act;
"cogeneration" shall have the same meaning as it has under the
Cogeneration Regulations; S.L. 545.16

" e n e rgy " m e a n s a l l f o r m s o f a v a i l a b l e e n e rg y, i n c l u d i n g

electricity, heating, cooling, liquefied petroleum gas, any fuel for
heating and cooling, coal and transport fuels;
"energy from renewable sources" means energy from renewable
non-fossil sources, namely wind, solar, aerothermal, geothermal,
hydrothermal and ocean energy, hydropower, biomass, landfill gas,
sewage treatment plant gas and biogases;
 GUARANTEES OF ORIGIN OF ELECTRICITY FROM HIGH
EFFICIENCY COGENERATION AND ELECTRICITY, HEATING
2 [ S.L.545.23 AND, OR COOLING FROM RENEWABLE ENERGY SOURCES

"energy producer" shall have the same meaning as that provided

S.L. 545.28 for in the Biofuels (Sustainability Criteria) Regulations;
"energy supplier" shall have the same meaning as that provided
S.L. 545.28 for in the Biofuels (Sustainability Criteria) Regulations;
"final consumer" means a natural or legal person, who consumes
or purchases energy for own use and not for wholesale or retail
purposes;
"guarantees of origin certificate" means an electronic document
issued by the Regulator which has the sole function of providing
proof to a final consumer that a given share or quantity of
electricity was produced from high-efficiency cogeneration or that
a given share or quantity of electricity, heating and, or cooling was
produced from renewable energy sources;
"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
S.L. 545.16 the Cogeneration Regulations;
"Member State" means a member state of the European Union;
"the Minister" means the Minister responsible for resources;
"the Regulator" means the Regulator for Energy and Water
Services as established by the Act;
"statement of entitlement" means a statement made to the
Regulator in respect of the electricity, heating and, or cooling
which is the subject of the application for the issue of a guarantees
of origin certificate;
"third party" means any natural or legal person, in favour of whom a
guarantees of origin certificate has been transferred by the guarantees
of origin certificate holder, issued to the latter in relation to electricity
produced from high efficiency cogeneration and, or from renewable
energy sources according to these regulations, and in terms of which
such third party is able to fulfill his obligations as regards production
and, or supply of electricity produced from high-efficiency
cogeneration or that produced from renewable energy sources.
Powers of the 3. The Regulator shall issue guarantees of origin certificates
Regulator. to producers of electricity from high efficiency co-generation and,
Amended by:
L.N. 126 of 2011; or to producers of electricity, heat and, or cooling from renewable
L.N. 190 of 2012; energy sources, upon compliance with the requirements of these
XXV. 2015.41. regulations. The Regulator shall supervise the issuance, transfer and
cancellation of guarantees of origin. The Regulator shall have non-
overlapping geographical responsibilities, and be independent of
production, trade and supply activities.
Validity of 4. (1) An application for the issue of a guarantees of origin
applications. certificate shall cover a period of at least four months.
Amended by:
L.N. 126 of 2011; (2) No application may be made with the Regulator for the
XXV. 2015.41.
issue of a guarantees of origin certificate in respect of electricity,
 GUARANTEES OF ORIGIN OF ELECTRICITY FROM HIGH
EFFICIENCY COGENERATION AND ELECTRICITY, HEATING
AND, OR COOLING FROM RENEWABLE ENERGY SOURCES [ S.L.545.23 3

heat and, or cooling generated outside Malta.

(3) An application for the issue of a guarantees of origin
certificate shall not be considered valid unless the Regulator is
provided with:
(a) all the information specified in the First Schedule;
(b) a statement of entitlement submitted by the applicant;
and
(c) payment of the application fee for the issue of the
guarantees of origin certificate to be made payable to
the Regulator in terms of regulation 10.
(4) A statement of entitlement shall include the following:
(a) a declaration that the producer of electricity, heat and,
or cooling 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,
heat and, or cooling which is the subject of the
application.

5. (1) The Regulator shall acknowledge in writing, to the Determination and

applicant, by means of a receipt issued in respect of a valid granting of
guarantees of
application within fifteen days from the date of the receipt of such origin certificates.
application. Amended by:
L.N. 126 of 2011;
(2) The Regulator shall issue a guarantees of origin certificate L.N. 126 of 2011;
XXV. 2015.41.
with respect of electricity produced from high efficiency co-
generation and, or to producers of electricity, heat and, or cooling
produced from renewable energy sources having regard to the
following:
(a) an application received in accordance with regulation
4; and
(b) where it is satisfied that the electricity about which the
application is being made is duly produced from high-
efficiency cogeneration; or
(c) where it is satisfied that the electricity, heat or cooling
about which the application is being made is duly
produced 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, heat and, or cooling 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
electricity, heat and, or cooling produced from renewable energy
 GUARANTEES OF ORIGIN OF ELECTRICITY FROM HIGH
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4 [ S.L.545.23 AND, OR COOLING FROM RENEWABLE ENERGY SOURCES

sources shall be issued with respect to each megawatt hour of

electricity, heat and, or cooling 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; and
(b) may contain such other related information as the
Regulator 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 Regulator shall not issue another guarantees of origin
certificate with respect to the electricity, heat and, or cooling for
which a guarantee of origin certificate has already been issued.
(8) The Regulator may set a minimum capacity limit when
considering the energy unit of guarantees of origin certificates.
(9) The Regulator shall put in place appropriate mechanisms to
ensure that guarantees of origin shall be issued, transferred and
cancelled electronically and are accurate, reliable and fraud-
resistant.
(10) The amount of energy from renewable sources
corresponding to guarantees of origin transferred by an electricity
supplier to a third party shall be deducted from the share of energy
from renewable sources in its energy mix for the purposes of
S.L. 545.13 regulation 8(6) of the Electricity Market Regulations.
(11) The Regulator shall recognise guarantees of origin issued
by other competent authorities in other Member States in
accordance with these regulations exclusively as proof of the
elements referred to regulation 1(2) and regulation 5(6) with
particular reference to the Second Schedule. The Regulator may
refuse to recognise a guarantee of origin only when it has well-
founded doubts about its accuracy, reliability or veracity. The
Regulator shall notify the Commission of such a refusal and shall
give reasoned grounds for its decision.

Applications for 6. (1) A holder of a guarantees of origin certificate may

replacement of request the Regulator by means of an application submitted to the
guarantees of
origin certificates. Regulator, to replace the guarantee of origin certificate, if:
Amended by:
XXV. 2015.41. (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 Regulator
within twenty-one 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
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EFFICIENCY COGENERATION AND ELECTRICITY, HEATING
AND, OR COOLING FROM RENEWABLE ENERGY SOURCES [ S.L.545.23 5

certificate that the holder believes are inaccurate; and

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

7. (1) If a guarantees of origin certificate holder no longer Applications for

operates the plant to which such certificate relates, such holder may the transfer of
guarantees of
request the Regulator to transfer the certificate to the person who origin certificates.
operates that plant by means of an application. Amended by:
XXV. 2015.41.
(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):
Provided that such application shall be accompanied by the
application fee applicable for the transfer of the guarantees of
origin certificate.
(3) The Regulator shall upon the receipt of a valid application
for the transfer of a guarantees of origin certificate, amend the
 GUARANTEES OF ORIGIN OF ELECTRICITY FROM HIGH
EFFICIENCY COGENERATION AND ELECTRICITY, HEATING
6 [ S.L.545.23 AND, OR COOLING FROM RENEWABLE ENERGY SOURCES

register referred to in regulation 9.

Revocation of 8. (1) The Regulator shall revoke a guarantees of origin

guarantees of certificate where:
origin certificates.
Amended by: (a) it decides that the guarantees of origin certificate is
XXV. 2015.41.
inaccurate;
(b) it is satisfied that the information provided under
regulation 4 is incorrect in a material particular; and,
or
(c) it is otherwise satisfied that the guarantees of origin
certificate should not have been issued, is inaccurate,
or was issued to the wrong person.
(2) Where the Regulator 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 Regulator under sub-regulation (1)(a) shall be treated as if it
has never been issued and for the purpose of sub-regulation (1)(b)
and (c), it shall cease to have effect from the date when the
information referred to in sub-regulation (2) is given by the
Regulator.

Keeping of 9. (1) The Regulator shall maintain a register, which may be

registers. in electronic format, and which shall contain the following:
Amended by:
L.N. 126 of 2011; (a) details of the application received for the issuing of the
XXV. 2015.41.
guarantees of origin certificate and also details of the
guarantees of origin certificate issued by the
Regulator, 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, heat and, or cooling is being produced and
to which the guarantees of origin certificate relates;
(d) the place whereby the electricity, heat and, or cooling
to which the certificate of guarantees of origin relates
is being produced; and
(e) a list of those certificates of guarantees of origin which
have been revoked in terms of regulation 8 including
the date when such have been revoked.
(2) The Regulator shall, when issuing 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.
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10. (1) A non-refundable fee as established in the Third Application fees.

Schedule shall be made payable to the Regulator by the applicant Amended by:
XXV. 2015.41.
together with his application for the issuing of, replacement or
transfer of a guarantees of origin certificate.
(2) The Regulator 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.

11. (1) A guarantees of origin certificate from renewable Use and

e n e rg y s o u r c e s s h a l l b e u s e d w i t h i n t w e l v e m o n t h s o f t h e cancellation of
guarantees of
production of the corresponding energy unit. origin certificate.
Added by:
(2) A guarantees of origin certificate shall be cancelled by the L.N. 126 of 2011.
Regulator upon its use. Amended by:
XXV. 2015.41.

12. The Regulator may require that no support be granted to an Refusal for support
energy producer that receives a guarantees of origin certificate for to energy
producers.
the same production of energy from renewable sources. Added by:
L.N. 126 of 2011.
Amended by:
XXV. 2015.41.
 GUARANTEES OF ORIGIN OF ELECTRICITY FROM HIGH
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Amended by: FIRST SCHEDULE

L.N. 126 of 2011;
XXV. 2015.41. 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 or not the person requesting the issue of a guarantees of origin
certificate is the producer of electricity, heat and, or cooling in respect of which the
guarantees of origin certificate is being requested, the name and address, and if a
company, the registration number of the producer.
4. The commencement and termination of the period covered by the guarantees
of origin certificate for which an application is made.
5. The place where the electricity, heat and, or cooling in respect of which the
guarantees of origin certificate is being requested is produced, the name, if any, of
the type of plant generating and, or producing electricity, and the date of the
installation’s first operational date.
6. The quantity of electricity, heat and, or cooling in respect of which the
guarantees of origin certificate is being requested, together with the total quantity of
electricity, heat and, or cooling 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;
(b) the primary source of fuel from which the electricity was produced;
(c) the heat to power ratio of the plant; and
(d) the amount of useful heat being utilised during the period for which the
application is being submitted.
8. Where electricity, heat and, or cooling 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, heat and, or cooling being
produced; and
(b) the declared net capacities of the installation, with respect to each
source of energy of electricity, heat and, or cooling being produced.
9. Such further information as the Regulator may, in particular circumstances,
reasonably require:
(a) for the purpose of ensuring the accuracy of the information required
under items 1 to 8 hereof; or
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(b) to enable the Regulator to be satisfied that any electricity produced is

from high-efficiency cogeneration or from renewable energy sources.

SECOND SCHEDULE Amended by:

L.N. 126 of 2011;
Regulation 5(6) XXV. 2015.41.

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 Regulator.
4. The commencement and the termination of the period to which the
guarantees of origin certificate relates.
5. The place where the electricity, heat and, or cooling to which the guarantees
of origin certificate is being requested is produced, and the name, if any, of the plant.
6. The total quantity of electricity, heat and, or cooling generated over the
period to which the guarantees of origin certificate relates.
7. The energy source or sources of electricity, heat and, or cooling being
produced.
8. The declared net capacities of the installation with respect to each source of
energy of electricity, heat and, or cooling 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;
(d) the primary energy savings calculated in terms of paragraph (b) of the
Third Schedule to the Cogeneration Regulations;
(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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THIRD SCHEDULE
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.