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B 2328 L.N. 196 of 2014 MALTA RESOURCES AUTHORITY ACT (CAP. 423) BUILDING REGULATION ACT (CAP. 513) Energy Efficiency and Cogeneration Regulations, 2014 IN exercise of the powers conferred by article 28(1) of the Malta Resources Authority Act and article 6(1) of the Building Regulation Act, the Minister for Energy and Health and the Minister for Transport and Infrastructure, after consultation with the Building Regulation Board, the Malta Resources Authority and the Malta Environment and Planning Authority, have made the following regulations:- Citation, scope and commencement. 1. (1) The title of these regulations is the Energy Efficiency and Cogeneration Regulations, 2014. (2) These regulations transpose Directive 2012/27/EU of the European Parliament and of the Council of the 25th October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/ EU and repealing Directives 2004/8/EC and 2006/32/EC. (3) These regulations establish a framework as part of the common framework of measures for the promotion of energy efficiency within the Union in order to ensure the achievement of the 2020 20% headline target on energy efficiency and to pave the way for further energy efficiency improvements beyond that date. These regulations also lay down rules designed to remove barriers in the energy market and overcome market failures that impede efficiency in the supply and use of energy, and provide for the establishment of an indicative national energy efficiency target for 2020. (4) These regulations shall be deemed to have entered into force on the 1st January 2014. Interpretation. 2. (1) Unless stated otherwise in these regulations, the definitions in the Act shall apply. (2) For the purposes of these regulations, and unless the context otherwise requires: Cap. 423. "the Act" means the Malta Resources Authority Act VERŻJONI ELETTRONIKA

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B 2328

L.N. 196 of 2014

MALTA RESOURCES AUTHORITY ACT(CAP. 423)

BUILDING REGULATION ACT(CAP. 513)

Energy Efficiency and Cogeneration Regulations, 2014

IN exercise of the powers conferred by article 28(1) of the MaltaResources Authority Act and article 6(1) of the Building RegulationAct, the Minister for Energy and Health and the Minister forTransport and Infrastructure, after consultation with the BuildingRegulation Board, the Malta Resources Authority and the MaltaEnvironment and Planning Authority, have made the followingregulations:-

Citation, scope and commencement.

1. (1) The title of these regulations is the EnergyEfficiency and Cogeneration Regulations, 2014.

(2) These regulations transpose Directive 2012/27/EU of theEuropean Parliament and of the Council of the 25th October 2012 onenergy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC.

(3) These regulations establish a framework as part of thecommon framework of measures for the promotion of energyefficiency within the Union in order to ensure the achievement of the2020 20% headline target on energy efficiency and to pave the wayfor further energy efficiency improvements beyond that date. Theseregulations also lay down rules designed to remove barriers in theenergy market and overcome market failures that impede efficiencyin the supply and use of energy, and provide for the establishment ofan indicative national energy efficiency target for 2020.

(4) These regulations shall be deemed to have entered intoforce on the 1st January 2014.

Interpretation. 2. (1) Unless stated otherwise in these regulations, thedefinitions in the Act shall apply.

(2) For the purposes of these regulations, and unless thecontext otherwise requires:

Cap. 423. "the Act" means the Malta Resources Authority Act

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"Authority" means the Malta Resources Authority establishedby article 3 of the Act;

"aggregator" means a demand service provider that combinesmultiple short-duration consumer loads to sell or auction in organisedenergy markets;

S.L. 513.01

"building element" shall have the same meaning as under theEnergy Performance of Buildings Regulations;

Cap. 513.

"Building Regulation Board" means the Board established underarticle 3 of the Building Regulation Act;

"cogeneration" means the simultaneous generation in oneprocess of thermal energy and electrical or mechanical energy;

"cogeneration unit" means a unit that can operate incogeneration mode;

"the Commission" means the European Commission establishedby the Treaty on the Functioning of the European Union as amendedby the Lisbon Treaty, 2009;

S.L. 174.04

"contracting authorities" shall have the same meaning as underthe Public Procurement Regulations;

"Council Decision 2006/1005/EC" means Council Decision of18 December 2006 concerning conclusion of the Agreement betweenthe Government of the United States of America and the EuropeanCommunity on the coordination of energy-efficiency labellingprogrammes for office equipment;

"Decision 2008/952/EC" means Commission Decision of the19th November 2008 establishing detailed guidelines for theimplementation and application of Annex II to Directive 2004/8/ECof the European Parliament and of the Council;

S.L. 423.22;S.L. 423.21

"distribution system operator" shall have the same meaning asunder the Electricity Market Regulations, and the Natural Gas MarketRegulations, respectively;

"economically justifiable demand" means demand that does notexceed the needs for heating or cooling and which would otherwisebe satisfied at market conditions by energy generation processes otherthan cogeneration;

"efficient district heating and cooling" means a district heatingor cooling system using at least 50% renewable energy, 50% wasteheat, 75% cogenerated heat or 50% of a combination of such energy

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and heat;

"efficient heating and cooling" means a heating and coolingoption that compared to a baseline scenario reflecting a business asusual situation measurably reduces the input of primary energyneeded to supply one unit of delivered energy within a relevantsystem boundary in a cost-effective way, as assessed in the cost-benefit analysis referred to in these regulations, taking into accountthe energy required for extraction, conversion, transport anddistribution;

"efficient individual heating and cooling" means an individualheating and cooling supply option that compared to efficient districtheating and cooling measurably reduces the input of non-renewableprimary energy needed to supply one unit of delivered energy withina relevant system boundary or requires the same input of non-renewable primary energy but at a lower cost, taking into account theenergy required for extraction, conversion, transport and distribution;

"electricity from cogeneration" means electricity generated in aprocess linked to the production of useful heat and calculated inaccordance with the methodology laid down in the First Schedule;

"energy" means all forms of energy products, combustible fuels,heat, renewable energy, electricity, or any other form of energy, asdefined in Regulation (EC) No 1099/2008 of the European Parliamentand of the Council of 22 October 2008 on energy statistics;

"energy audit" means a systematic procedure to obtain adequateknowledge of the existing energy consumption profile of a building orgroup of buildings, an industrial or commercial operation orinstallation or a private or public service, to identify and quantifycost-effective energy savings opportunities, and report the findings;

"energy distributor" means a natural or legal person, including adistribution system operator, responsible for transporting energy witha view to its delivery to final customers or to distribution stations thatsell energy to final customers;

"energy efficiency" means a ratio between an output ofperformance, service, goods or energy, and an input of energy;

"energy efficiency improvement" means an increase in energyefficiency as a result of technological, behavioural and, or economicchanges;

"energy management system" means a set of interrelated or

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interacting elements of a plan which sets an energy efficiencyobjective and a strategy to achieve that objective;

"energy performance contracting" means a contractualarrangement between the beneficiary and the provider of an energyefficiency improvement measure, verified and monitored during thewhole term of the contract, where investments (work, supply orservice) in that measure are paid for in relation to a contractuallyagreed level of energy efficiency improvement or other agreed energyperformance criterion, such as financial savings;

"energy savings" means an amount of saved energy determinedby measuring and, or estimating consumption before and afterimplementation of one or more energy efficiency improvementmeasures, whilst ensuring normalisation for external conditions thataffect energy consumption;

"energy service" means the physical benefit, utility or goodderived from a combination of energy with energy efficienttechnology or with action, which may include the operations,maintenance and control necessary to deliver the service, which isdelivered on the basis of a contract and in normal circumstances hasproven to result in verifiable and measurable or estimable energyefficiency improvement or primary energy savings;

"energy service provider" means a natural or legal person whodelivers energy services or other energy efficiency improvementmeasures in a final customer's facility or premises;

"entrusted party" means a legal entity with delegated powerfrom Government or another public body to develop, manage oroperate a financing scheme on behalf of Government or other publicbody;

"European standard" means a standard adopted by the EuropeanCommittee for Standardisation, the European Committee for Electro-technical Standardisation or the European TelecommunicationsStandards Institute and made available for public use;

"European Union" or "Union" means the European Union asreferred to in the Treaty;

"final customer" means a natural or legal person who purchasesenergy for his or her own end use;

"final energy consumption" means all energy supplied toindustry, transport, households, services and agriculture:

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Provided that, it shall exclude deliveries to the energytransformation sector and the energy industries themselves;

"Government" means the Government of Malta and includes alladministrative departments of Government whose competenceextends over the whole territory of Malta, but shall not include localcouncils;

"high-efficiency cogeneration" means cogeneration meeting thecriteria laid down in the Second Schedule;

"implementing public authority" means a body governed bypublic law which is responsible for the carrying out or monitoring ofenergy or carbon taxation, financial schemes and instruments, fiscalincentives, standards and norms, energy labelling schemes, trainingor education;

"individual action" means an action that leads to verifiable, andmeasurable or estimable, energy efficiency improvements and isundertaken as a result of a policy measure;

"International standard" means a standard adopted by theInternational Standardisation Organisation and made available to thepublic;

"Malta" has the same meaning as is assigned to it by article 124of the Constitution of Malta;

"Member State" means a member state of the European Union;

"micro-cogeneration unit" means a cogeneration unit with amaximum capacity below 50 kWe;

"the Minister" means the Minister responsible for the MaltaResources Authority:

Provided that the Minister may designate any such body tocarry out any such function as is attributed to the Minister under theseregulations:

Provided further that such designation shall be madepublic by means of a notice published in the Government Gazette;

"National Energy Efficiency Action Plan" or "the Plan" meansthe action plan which is intended to achieve the national energyefficiency targets required by regulation 3(1) and towards theimplementation of these regulations;

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"obligated party" means the energy distributor or retail energysales company that is bound by the national energy efficiencyobligation schemes referred to in regulation 7;

"overall efficiency" means the annual sum of electricity andmechanical energy production and useful heat output divided by thefuel input used for heat produced in a cogeneration process and grosselectricity and mechanical energy production;

"participating party" means an enterprise or public body that hascommitted itself to reach certain objectives under a voluntaryagreement, or is covered by a national regulatory policy instrument;

"plot ratio" means the ratio between the land area and thebuilding floor area in a given territory;

"policy measure" means a regulatory, financial, fiscal, voluntaryor information provision instrument that has been formallyestablished and implemented to create a supportive framework,requirement or incentive for market actors to provide and purchaseenergy services and to undertake other energy efficiencyimprovement measures;

"power to heat ratio" means the ratio between electricity fromcogeneration and useful heat when operating in full cogenerationmode using operational data of the specific unit;

"primary energy consumption" means gross inlandconsumption, excluding non-energy uses;

S.L. 174.04

"public bodies" means "contracting authorities" as defined inthe Public Procurement Regulations;

"Regulation (EU) No 510/2011" means Regulation (EU) No510/2011 of the European Parliament and of the Council of the 11thMay 2011 setting emission performance standards for new lightcommercial vehicles as part of the Union’s integrated approach toreduce CO2 emissions from light-duty vehicles;

"Regulation (EC) No 443/2009" means Regulation (EC) No443/2009 of the European Parliament and of the Council of the 23dApril 2009 setting emission performance standards for new passengercars as part of the Community’s integrated approach to reduce CO2emissions from light-duty vehicles;

"Regulation 714/2009" means Regulation (EC) No 714/2009 ofthe European Parliament and of the Council of the 13th July 2009 onconditions for access to the network for cross-border exchanges in

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electricity and repealing Regulation (EC) No 1228/2003;

"Regulation (EC) No 1222/2009" means Regulation (EC) No1222/2009 of the European Parliament and of the Council of the 25thNovember 2009 on the labelling of tyres with respect to fuelefficiency and other essential parameters;

"retail energy sales company" means a natural or legal personwho sells energy to final customers;

"small and medium-sized enterprises" means enterprises asdefined in Title I of the Annex to Commission Recommendation2003/361 of the 6th May 2003 concerning the definition of micro,small and medium-sized enterprises. The category of micro, smalland medium-sized enterprises (SMEs) is made up of enterpriseswhich employ fewer than 250 persons and which have an annualturnover not exceeding EUR 50 million, and, or an annual balancesheet total not exceeding EUR 43 million;

"small scale cogeneration unit" means a cogeneration unit withinstalled capacity below 1MWe;

"smart metering system" means an electronic system that canmeasure energy consumption, adding more information than aconventional meter, and can transmit and receive data using a form ofelectronic communication;

"substantial refurbishment" means a refurbishment whose costexceeds 50% of the investment cost for a new comparable unit;

"total useful floor area" means the floor area of a building orpart of a building, where energy is used to condition the indoorclimate;

"transmission system operator" means "transmission systemoperator" as defined in Directive 2009/72/EC and Directive 2009/73/EC respectively;

Cap. 460. "Treaty" shall have the same meaning in as in the EuropeanUnion Act;

"useful heat" means heat produced in a cogeneration process tosatisfy economically justifiable demand for heating or cooling.

Minister to set national energy efficiency target.

3. (1) The Minister shall set an indicative national energyefficiency target, based on either primary or final energyconsumption, primary or final energy savings, or energy intensity. Innotifying these targets to the Commission in accordance with

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regulation 24(1) and the First Part of the Fourteenth Schedule, theMinister shall also express them in terms of an absolute level ofprimary energy consumption and final energy consumption in 2020and shall explain how, and on the basis of which data, this has beencalculated. When setting these targets, the Minister shall take intoaccount:

(a) that the Union’s 2020 energy consumption has tobe no more than 1474 Mtoe of primary energy or no more than1078 Mtoe of final energy;

(b) the measures provided for in these regulations;

S.L. 423.34

(c) the measures adopted to reach the national energysaving targets adopted pursuant to regulation 4(1) of the EnergyEnd-use Efficiency and Energy Services Regulations; and

(d) other measures to promote energy efficiency withinMember States and at Union level.

(2) When setting the national energy efficiency target, theMinister may also take into account national circumstances affectingprimary energy consumption, such as remaining cost-effectiveenergy-saving potential, GDP evolution and forecast, changes ofenergy imports and exports, development of all sources of renewableenergies, nuclear energy, carbon capture and storage (CCS), and earlyaction.

Long term strategy to be set by the Board.

4. (1) The Building Regulation Board shall establish along-term strategy for mobilizing investment in the renovation of thenational stock of residential and commercial buildings, both publicand private. This strategy should encompass:

(a) an overview of the national building stock based,as appropriate, on statistical sampling;

(b) an identification of cost effective approaches torenovations relevant to the building type and climatic zone;

(c) policies and measures to stimulate cost-effectivedeep renovations of buildings, including staged deeprenovations;

(d) a forward looking perspective to guide investmentdecisions of individuals, the construction industry and financialinstitutions;

(e) an evidence-based estimate of expected energy

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savings and wider benefits.

(2) An updated version of the first version of the strategymentioned in sub-regulation (1) shall be published by the BuildingRegulation Board every three years, which are to be reckoned as fromthe date of the publication of such first version. The updated versionsare also to be submitted by the Building Regulation Board to theMinister for transmission to the Commission as part of the NationalEnergy Efficiency Action Plans.

Requirements as to Government buildings, etc.S.L. 513.01

5. (1) Without prejudice to regulation 8 of the EnergyPerformance of Buildings Regulations, as from the 1st January 2014,3% of the total floor area of heated and, or cooled buildings ownedand occupied by Government shall be renovated each year to meet atleast the minimum energy performance requirements set by theBuilding Regulation Board in the application of regulation 5 of theEnergy Performance of Buildings Regulations. The 3% rate shall becalculated on the total floor area of buildings with a total useful floorarea over 500 m2 and, as of the 9th July 2015, over 250 m2 owned andoccupied by Government that, on the 1st January of each year, do notmeet the national minimum energy performance requirements set inapplication of regulation 5 of the Energy Performance of BuildingsRegulations.

S.L. 513.01

(2) Where the Building Regulation Board requires that theobligation to renovate each year 3% of the total floor area extends tofloor area owned and occupied by administrative departments at alevel below central government, the 3% rate shall be calculated on thetotal floor area of buildings with a total useful floor area over 500 m2

and as of the 9th July 2015 over 250 m2 owned and occupiedrespectively by Government and these administrative departmentsthat, on the 1st January of each year, do not meet the nationalminimum energy performance requirements set in application of theregulations relating to the Energy Performance of BuildingsRegulations.

(3) When implementing measures for the comprehensiverenovation of Government buildings in accordance with sub-regulation (1), buildings may be considered as a whole, includingbuilding envelope, equipment, operation and maintenance.Government buildings with the lowest energy performance shall be apriority for energy efficiency measures, where cost-effective andtechnically feasible.

(4) The requirements referred to in sub-regulation (1) shall notapply to the following categories of buildings:

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(a) buildings officially protected as part of adesignated environment, or because of their special architecturalor historical merit, in so far as compliance with certainminimum energy performance requirements wouldunacceptably alter their character or appearance;

(b) buildings owned by the armed forces orGovernment and serving national defence purposes, butexcluding single living quarters or office buildings for thearmed forces and other staff employed by national defenceauthorities;

(c) buildings used as places of worship and forreligious activities.

(5) The annual renovation rate of Government's buildings maybe counted towards the excess of renovated building floor area ofcentral government buildings in a given year as if it has instead beenrenovated in any of the three previous or following years.

(6) The annual renovation rate of Government buildings maybe counted to include new buildings occupied and owned asreplacements of specific Government buildings demolished in any ofthe two previous years, or buildings that have been sold, demolishedor taken out of use in any of the two previous years due to moreintensive use of other buildings.

(7) For the purposes of sub-regulation (1), by the 1st January2014, the Building Regulation Board in collaboration with theGovernment Property Division shall establish and make publiclyavailable an inventory of heated and, or cooled central governmentbuildings with a total useful floor area over 500 m2 and, by the 9thJuly 2015, over 250 m2, excluding buildings exempted on the basis ofsub-regulation (2), containing the following data:

(a) the floor area in m2; and

(b) the energy performance of each building orrelevant energy data.

S.L. 513.01

(8) As an alternative approach to sub-regulations (1), (2), (3),(4) and (5), and without prejudice to regulation 8 of the EnergyPerformance of Buildings Regulations, the Building RegulationBoard may take other cost-effective measures, including deeprenovations and measures for behavioural change of occupants, toachieve by 2020 an amount of energy consumption savings in eligiblebuildings owned and occupied by Government that is at leastequivalent to that required in sub-regulation (1), reported on an

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annual basis. For the purpose of this alternative approach, theBuilding Regulation Board may estimate the energy savings that sub-regulations (1), (2), (3) and (4) would generate by using appropriatestandard values for the energy consumption of reference Governmentbuildings before and after renovation and according to estimates ofthe surface of their stock. The categories of reference Governmentbuildings shall be representative of the stock of such buildings. In thecase of an alternative approach being opted for, the Minister shallnotify to the Commission, by the 1st January 2014 at the latest, thealternative measures that are planned to be adopted and showing howthey would achieve an equivalent improvement of the energyperformance of the buildings within the Government estate.

(9) The Building Regulation Board shall encourage publicbodies, including at regional and local level, and social-housingbodies governed by public law, with due regard for their respectivecompetences and administrative set-up, to:

(a) adopt an energy efficiency plan, free-standing or aspart of a broader climate or environmental plan, containingspecific energy saving and efficiency objectives and actions,with a view to following the exemplary role of Governmentbuildings laid down in sub-regulations (1), (5) and (6);

(b) put in place an energy management system,including energy audits, as part of the implementation of theirplan;

(c) use, where appropriate, ESCOs, and energyperformance contracting to finance renovations and implementplans to maintain or improve energy efficiency in the long term.

Purchases by contracting authorities to be cost effective.

6. (1) Contracting authorities shall only purchaseproducts, services and buildings with high-energy efficiencyperformance, insofar as this is consistent with cost-effectiveness,economical feasibility, wider sustainability, technical suitability, aswell as sufficient competition, as referred to in the Third Schedule.The aforementioned obligation shall apply to contracts for thepurchase of products, services and buildings by public bodies in so faras these contracts have a value equal to or greater than the thresholdslaid down in Article 7 of Directive 2004/18/EC as amended:

S.L. 174.08

Provided that such obligation shall apply to the contractsof the armed forces, only to the extent that its application does notcause any conflict with the nature and primary aim of the activities ofthe armed forces and with the exception of military equipment asdefined in the Public Procurement of Contracting Authorities or

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Entities in the fields of Defence and Security Regulations.

(2) Public bodies shall be encouraged by the Minister,including at local council level, with due regard for their respectivecompetences and administrative set-up, to follow the exemplary roleof Government departments to purchase only products, services andbuildings with high-energy efficiency performance. Public bodiesshall also be encouraged when tendering service contracts withsignificant energy content, to assess the possibility of concluding longterm energy performance contracts that provide long-term energysavings.

(3) Without prejudice to sub-regulation (1), when purchasing aproduct package covered as a whole by a delegated act adopted underDirective 2010/30 EU, the aggregate energy efficiency shall takepriority over the energy efficiency of individual products within thatpackage, by purchasing the product package that complies with thecriterion of belonging to the highest energy efficiency class.

Energy efficiency obligation scheme.

7. (1) Without prejudice and subject to regulation 9, theMinister shall set up an energy efficiency obligation scheme. Theenergy efficiency obligation scheme shall ensure that:

(a) energy distributors and, or retail energy salescompanies that are designated as obligated parties under sub-regulation (5) operating in Malta achieve a cumulative end-useenergy savings target by the 31st December 2020, withoutprejudice to sub-regulation (3); and

(b) that the aforesaid target in paragraph (a) shall be atleast equivalent to achieving new savings each year from the 1stJanuary 2014 to the 31st December 2020 of 1.5% of the annualenergy sales to final customers of all energy distributors or allretail energy sales companies by volume, averaged over themost recent three-year period prior to the 1st January 2013. Thesales of energy, by volume, used in transport may be partially orfully excluded from this calculation.

(2) The Minister shall decide how the calculated quantity ofnew savings referred to in sub-regulation (1)(b) shall be phased overthe period.

(3) The Minister may, without prejudice to sub-regulation (4):

(a) carry out the calculation required by the sub-regulation (1)(b) using values of 1% in 2014 and 2015, 1.25% in2016 and 2017, and 1.5% in 2018, 2019 and 2020;

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S.L. 504.66

(b) exclude from the calculation all or part of the sales,by volume, of energy used in industrial activities listed inSchedule I to the European Union Greenhouse Gas EmissionsTrading Scheme for Stationary Installations Regulations;

(c) allow energy savings achieved in the energytransformation, distribution and transmission sectors, includingefficient district heating and cooling infrastructure, as a result ofthe implementation of the requirements set out in regulation16(5), and (6)(b), regulation 17(1) to (7) and (11) to be countedagainst the amount of energy savings required under sub-regulation (1); and

(d) count energy savings resulting from individualactions newly implemented since the 31st December 2008 thatcontinue to have impact in 2020 and can be measured andverified, against the amount of energy savings required undersub-regulation (1).

(4) The application of sub-regulation (3) shall not lead to areduction of more than 25% of the amount of energy savings referredto in sub-regulation (1). The use of sub-regulation (3) shall benotified to the Commission by the 5th June 2014, including theelements listed under sub-regulation (3) to be applied and acalculation showing their impact on the amount of energy savingsreferred to in sub-regulation (1).

(5) Without prejudice to the calculation of energy savings forthe target in accordance with sub-regulation (1)(b), the Authorityshall designate, on the basis of objective and non-discriminatorycriteria, obligated parties amongst energy distributors and, or retailenergy sales companies operating in Malta and may include transportfuel distributors or transport fuel retailers operating in Malta. Theamount of energy savings to fulfil the obligation shall be achieved bythe obligated parties among final customers, designated, asappropriate, by the Authority, independently from the calculationmade pursuant to sub-regulation (1), or, if the Minister so decides,through certified savings stemming from other parties as described insub-regulation (8)(b). The Authority shall have the right to obtainaudited data from the obligated parties within a reasonable time inregard to such certified savings.

(6) The Authority shall express the amount of energy savingsrequired from each obligated party in terms of either final or primaryenergy consumption. The method chosen for expressing the requiredamount of energy savings shall also be used for calculating thesavings claimed by obligated parties. The conversion factors in the

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Fourth Schedule shall apply.

(7) The Authority shall ensure that the savings stemming fromsub-regulations (1), (2) and (3) of this regulation, regulation 9 andfrom regulation 22(4) are calculated in accordance with items 2 and 3of the Fifth Schedule. The Authority shall put in place measurement,control and verification systems under which at least a statisticallysignificant proportion and representative sample of the energyefficiency improvement measures put in place by the obligated partiesis verified:

Provided that, the measurement, control and verificationshall be conducted independently of the obligated parties.

(8) Within the energy efficiency obligation scheme, theMinister may:

(a) include requirements with a social aim in thesaving obligations they impose, including by requiring a shareof energy efficiency measures to be implemented as a priority inhouseholds affected by energy poverty or in social housing;

(b) permit obligated parties to count towards theirobligation certified energy savings achieved by energy serviceproviders or other third parties, including where obligatedparties promote measures through other state-approved bodiesor through public authorities that may or may not involveformal partnerships and may be in combination with othersources of finance:

Provided that, in this case an approval process is inplace that is clear, transparent and open to all market actors, andthat aims at minimising the costs of certification;

(c) allow obligated parties to count savings obtained ina given year as if they had instead been obtained in any of thefour previous or three following years.

Publication of energy savings.

8. (1) The Authority shall annually publish the energysavings achieved by each obligated party, or each sub-category ofobligated party, and in total under the scheme referred to in regulation7.

(2) Obligated parties shall provide on request, but not morethan once a year:

(a) aggregated statistical information on their finalcustomers (identifying significant changes to previously

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submitted information); and

(b) current information on final customers’consumption, including, where applicable, load profiles,customer segmentation and geographical location of customers,while preserving the integrity and confidentiality of private orcommercially sensitive information in compliance withapplicable Union legislation.

Option to take other policy measures.

9. (1) As an alternative to setting up an energy efficiencyobligation scheme under regulation 7(1), the Minister may opt to takeother policy measures to achieve energy savings among finalcustomers:

Provided that those policy measures shall meet the criteriaset out in sub-regulations (5) and (6) of this regulation.

(2) The annual amount of new energy savings achievedthrough the alternative approach set out in sub-regulation (1) shall beequivalent to the amount of new energy savings required byregulation 7(1) to (4):

Provided that the Minister may combine obligationschemes with alternative policy measures, including national energyefficiency programmes if equivalence is maintained.

(3) The policy measures referred to in sub-regulation (1) mayinclude, but are not restricted to, the following policy measures orcombinations thereof:

(a) energy or CO2 taxes that have the effect ofreducing end-use energy consumption;

(b) financing schemes and instruments or fiscalincentives that lead to the application of energy efficienttechnology or techniques and have the effect of reducing end-use energy consumption;

(c) regulations or voluntary agreements that lead to theapplication of energy efficient technology or techniques andhave the effect of reducing end-use energy consumption;

(d) standards and norms that aim at improving theenergy efficiency of products and services, including buildingsand vehicles, except where these are mandatory and applicableunder EU law;

(e) energy labelling schemes, with the exception of

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those that are mandatory and applicable under EU law;

(f) training and education, including energy advisoryprogrammes, that lead to application of energy-efficienttechnology or techniques and have the effect of reducing end-use energy consumption.

(4) The Minister shall notify to the Commission, by the 5thDecember 2013, the policy measures that are planned to be adoptedfor the purposes of sub-regulation (1) and regulation 22(4) followingthe framework provided in item 4 of Part A of the Fifth Schedule, andshowing how they would achieve the required amount of savings. Inthe case of the policy measures referred to in sub-regulation (3) and inregulation 22(4), this notification shall demonstrate how the criteriain sub-regulation (5) are met. In the case of policy measures otherthan those referred to in the sub-regulation (3) and in regulation22(4), the Minister shall explain how an equivalent level of savings,monitoring and verification is achieved.

(5) Without prejudice to sub-regulation (6), the criteria for thepolicy measures taken pursuant to sub-regulation (3) and inregulation 22(4) shall be as follows:

(a) the policy measures provide for at least twointermediate periods by the 31st December 2020 and lead to theachievement of the level of ambition as set in regulation 7(1);

(b) the responsibility of each entrusted party,participating party or implementing public authority, whicheveris relevant, is defined;

(c) the savings that are to be achieved are determinedin a transparent manner;

(d) the amount of savings required or to be achieved bythe policy measure are expressed in either final or primaryenergy consumption, using the conversion factors in the FourthSchedule;

(e) energy savings are calculated using the methodsand principles provided in items 1 and 2 of the Fifth Schedule;

(f) energy savings are calculated using the methodsand principles provided in item 3 of Part A of the FifthSchedule;

(g) an annual report of the energy savings achieved isprovided by participating parties unless not feasible and made

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publicly available;

(h) monitoring of the results is ensured and appropriatemeasures are envisaged if the progress is not satisfactory;

(i) a control system is put in place that also includesindependent verification of a statistically significant proportionof the energy efficiency improvement measures; and

(j) data on the annual trend of energy savings arepublished annually.

(6) The taxes referred to in sub-regulation (3)(a) shall complywith the criteria listed in paragraphs (a), (b), (c), (d), (f), (h) and (j) ofsub-regulation (5). The regulations and voluntary agreements referredto in sub-regulation (3)(c) shall comply with the criteria listed inparagraphs (a), (b), (c), (d), (e), (g), (h), (i) and (j) of sub-regulation(5). The other policy measures referred to in sub-regulation (3)(a),and the Energy Efficiency National Funds referred to in regulation22(4) comply with the criteria listed in paragraphs (a), (b), (c), (d),(e), (h), (i) and (j) of sub-regulation (5).

(7) The Minister shall ensure that when the impact of policymeasures or individual actions overlaps, no double counting ofenergy savings is made.

Availability of energy audits to final customers.

10. (1) The Minister shall promote the availability to allfinal customers of high quality energy audits which are cost-effectiveand:

(a) carried out in an independent manner by qualifiedand, or accredited experts according to qualification criteria; or

(b) implemented and supervised by independentauthorities under Maltese law.

(2) The energy audits referred to in sub-regulation (1)(a) maybe carried out by in-house experts or energy auditors:

Provided that the Minister shall have put in place a schemeto assure and check their quality, including, if appropriate, an annualrandom selection of at least a statistically significant percentage of allthe energy audits they carry out.

(3) For the purpose of guaranteeing the high quality of theenergy audits and energy management systems, the Minister shallestablish transparent and non-discriminatory minimum criteria forenergy audits based on the principles set out in Part B of the Fifth

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Schedule.

(4) Energy audits shall not include clauses preventing thefindings of the audit from being transferred to any qualified and, oraccredited energy service provider, on condition that the customerdoes not object. Notwithstanding the foregoing, the findings of theaudit shall promptly be submitted to the Minister upon beingdemanded and in any case by not later than seven days from suchdemand being made.

(5) The Minister shall develop programmes to encouragesmall and medium-sized enterprises to undergo energy audits, and thesubsequent implementation of the recommendations from theseaudits. The Minister shall also develop programmes to raiseawareness among households about the benefits of such auditsthrough appropriate advice services.

(6) On the basis of transparent and non-discriminatory criteriaand without prejudice to Union State aid law, support schemes may beset up for SMEs including, if they have concluded voluntaryagreements, to cover costs of an energy audit and of theimplementation of highly cost-effective recommendations from theenergy audits, if the proposed measures are implemented.

(7) The Minister shall also develop programmes to raiseawareness among households about the benefits of the audits referredto in sub-regulation (6) through appropriate advice services. TheMinister shall encourage training programmes for the qualification ofenergy auditors in order to facilitate sufficient availability of experts.

(8) The Minister shall bring to the attention of small andmedium-sized enterprises, including through their respectiverepresentative intermediary organisations, concrete examples of howenergy management systems could help their business.

(9) Enterprises that are not SMEs shall commission an energyaudit carried out in an independent and cost-effective manner byqualified and, or accredited experts or implemented and supervisedby independent authorities under national legislation by the 5thDecember 2015 and at least every four years from the date of theprevious energy audit.

(10) Energy audits shall be considered as fulfilling therequirements of sub-regulation (9) when they are carried out in anindependent manner, on the basis of minimum criteria based on theprinciples set out in Part B of the Fifth Schedule, and implementedunder voluntary agreements concluded between organisations of

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stakeholders and an appointed body and supervised by the Minister,or other bodies to which the Minister has delegated the responsibilityconcerned. Access of market participants offering energy servicesshall be based on transparent and non-discriminatory criteria.

(11) Enterprises, which are not SMEs, implementing an energyor environmental management system, certified by an independentbody according to the relevant European or International Standards,shall be exempted from the requirements of sub-regulation (9):

Provided that the management system concerned includesan energy audit on the basis of the minimum criteria based on theprinciples set out in Part B of the Fifth Schedule.

(12) Energy audits may stand alone or be part of a broaderenvironmental audit. An assessment of the technical and economicfeasibility of connection to an existing or planned district heating orcooling network shall be part of the energy audit.

(13) Without prejudice to Union State aid law, incentive andsupport schemes may be implemented for the implementation ofrecommendations from energy audits and similar measures.

Provision of individual meters.

11. (1) Final customers for electricity, natural gas, districtheating, district cooling and domestic hot water shall be provided bytheir suppliers with competitively priced individual meters thataccurately reflect the final customer’s actual energy consumption andthat provide information on actual time of use:

Provided that this requirement shall apply in so far as it istechnically possible, financially reasonable and proportionate inrelation to the potential energy savings.

(2) When an existing meter is replaced, such a competitivelypriced individual meter shall always be provided, unless this istechnically impossible or not cost-effective in relation to theestimated potential savings in the long term.

S.L. 513.01

(3) When a new connection is made in a new building or abuilding undergoes major renovations, as set out in the EnergyPerformance of Buildings Regulations, such competitively pricedindividual meters shall always be provided.

S.L. 423.22;

S.L. 423.21

(4) Where, and to the extent that, intelligent metering systemsare implemented and smart meters for gas and, or electricity are rolledout in accordance with the Electricity Market Regulations, and theNatural Gas Market Regulations:

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(a) metering systems shall provide to final customersinformation on actual time of use. The objectives of energyefficiency and benefits for final customers shall be fully takeninto account when establishing the minimum functionalities ofthe meters and the obligations imposed on market participants;

(b) the security of the smart meters and datacommunication, and the privacy of final customers, shall beensured in compliance with relevant Union data protection andprivacy legislation;

(c) in the case of electricity and on request of the finalcustomer, meter operators are required to ensure that the meteror meters can account for electricity put into the grid from thefinal customer’s premises;

(d) if final customers request it, metering data on theirelectricity input and off-take shall be made available to them orto a third party acting on behalf of the final customer in aneasily understandable format that they can use to compare dealson a like-for-like basis;

(e) appropriate advice and information shall be givento customers at the time of installation of smart meters, notablyabout their full potential with regard to meter readingmanagement and the monitoring of energy consumption.

(5) Where heating and cooling or hot water are supplied to abuilding from a district heating network or from a central sourceservicing multiple buildings, a heat or hot water meter shall beinstalled at the heating exchanger or point of delivery.

In multi-apartment and multi-purpose buildings with acentral heating and, or cooling source or supplied from a districtheating network or from a central source serving multiple buildings,individual consumption meters shall also be installed by the 31stDecember 2016 to measure the consumption of heat or cooling or hotwater for each unit where technically feasible and cost efficient.Where the use of individual meters is not technically feasible or notcost-efficient, to measure heating, individual heat cost allocators shallbe used for measuring heat consumption at each radiator, unless it isshown by the energy supplier, and subject to the approval of theAuthority, that the installation of such heat cost allocators would notbe cost-efficient. In those cases, alternative cost-efficient methods ofheat consumption measurement may be considered.

Where multi-apartment buildings are supplied from district

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heating or cooling, or where own common heating or cooling systemsfor such buildings are prevalent, to ensure transparency and accuracyof accounting for individual consumption, the Authority mayintroduce transparent rules on the allocation of the cost of thermal orhot water consumption in such buildings. Where appropriate, suchrules shall include guidelines on the way to allocate costs for heatand, or hot water that is used as follows:

(a) hot water for domestic needs;

(b) heat radiated from the building installation and forthe purpose of heating the common areas (in case staircases andcorridors are equipped with radiators);

(c) for the purpose of heating apartments.

Use of other meters.S.L. 423.22;S.L. 423.21

12. (1) Where final customers do not have smart metersreferred to in the Electricity Market Regulations and the Natural GasMarket Regulations, by not later than the 31st December 2014, billinginformation shall be accurate and based on actual consumption, inaccordance with item 1.1 of the Sixth Schedule, for all the sectorscovered by these regulations, including energy distributors,distribution system operators and retail energy sales companies,where this is technically possible and economically justified. Thisobligation may be fulfilled by a system of regular self-reading by thefinal customers whereby they communicate readings from their meterto the energy supplier. Only when the final customer has not provideda meter reading for a given billing interval shall billing be based onestimated consumption or a flat rate.

S.L. 423.22;

S.L. 423.21

(2) Meters installed in accordance with the Electricity MarketRegulations and the Natural Gas Market Regulations shall enableaccurate billing information based on actual consumption. Finalcustomers shall have the possibility of easy access to complementaryinformation on historical consumption allowing detailed self-checks.Complementary information on historical consumption shall include:

(a) cumulative data for at least the three previous yearsor the period since the start of the supply contract if this isshorter. The data shall correspond with the intervals for whichfrequent billing information has been produced; and

(b) detailed data according to the time of use for anyday, week, month and year. These data shall be made availableto the final customer via internet or the meter interface for theperiod of at least 24 previous months or the period since thestart of the supply contract if this is shorter.

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(3) Independently of whether smart meters have been installedor not, energy suppliers shall:

(a) to the extent that information on their energybilling and historical consumption of final customers isavailable, on the request of the final customer make suchinformation available to an energy service provider designatedby the final customer;

(b) offer to final customers the option of electronicbilling information and bills. Customers shall receive on requesta clear and understandable explanation of how their bill wasderived, especially where bills are not based on actualconsumption;

(c) make available appropriate information with thebill to provide final customers with a comprehensive account ofcurrent energy costs, in accordance with the Sixth Schedule;

(d) on request of the final customer, not consider theinformation contained in these bills to constitute a request forpayment. Suppliers of energy sources shall offer flexiblearrangements for actual payments;

(e) provide to consumers on demand, information andestimates for energy costs in a timely manner and in an easilyunderstandable format enabling consumers to compare deals ona like-for-like basis.

Bills and information to be free of charge.

13. (1) Energy suppliers shall ensure that final customersreceive all their bills and billing information for energy consumptionfree of charge. Final customers shall also have access to theirconsumption data in an appropriate way and free of charge.

(2) Notwithstanding sub-regulation (1), the distribution ofcosts of billing information for the individual consumption of heatingand cooling in multi-apartment and multi-purpose buildings pursuantto regulation 11(5) shall be carried out on a non-profit basis. Costsresulting from the assignment of this task to a third party, such as aservice provider or the local energy supplier, covering the measuring,allocation and accounting for actual individual consumption in suchbuildings, may be passed on to the final customers to the extent thatsuch costs are reasonable.

Minister may promote efficient use of energy.

14. (1) The Minister shall take appropriate measures topromote and facilitate an efficient use of energy by small energycustomers, including domestic customers. These measures may bepart of a national strategy.

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(2) For the purposes of sub-regulation (1), these measuresshall include one or more of the elements listed below:

(a) a range of instruments and policies to promotebehavioural change which may include:

(i) fiscal incentives;

(ii) access to finance, grants or subsidies;

(iii) information provision;

(iv) exemplary projects;

(v) workplace activities;

(b) ways and means to engage consumers andconsumer organisations during the possible roll-out of smartmeters through communication of:

(i) cost-effective and easy-to-achieve changes inenergy use;

(ii) information on energy efficiency measures.

Administrative fine.

15. The Authority may impose an administrative fine notexceeding one hundred thousand euro (€100,000) for eachcontravention and, or six hundred euro (€600) for each day of non-compliance, from the date of the decision given by the Authorityupon any person who infringes any provision of these regulations orwho fails to comply with any directive or decision given by theAuthority in ensuring compliance with these regulations.

Comprehensive assessment of high-efficiency cogeneration, etc.

16. (1) By the 31st of December 2015 the Minister shallcarry out a comprehensive assessment of the potential for theapplication of high-efficiency cogeneration and efficient districtheating and cooling, containing the information set out in the SeventhSchedule to these regulations. The Minister shall notify suchcomprehensive assessment to the Commission by the 31st December2015. If an equivalent assessment has already been carried out, theMinister shall notify an equivalent assessment to the Commission.

(2) The comprehensive assessment shall take full account ofthe analysis of the national potentials for high-efficiencycogeneration carried out under Directive 2004/8/EC. The assessmentshall be updated and notified to the Commission every five years,subject to a request by the Commission at least one year before thedue date.

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(3) The Minister shall adopt policies which encourage that thepotential of using efficient heating and cooling systems, in particularthose using high efficiency cogeneration, is duly taken into account atlocal and regional levels. Account shall be taken of the potential fordeveloping local and regional heat markets.

S.L. 504.102

(4) For the purpose of the assessment referred to in sub-regulation (1), the Minister shall carry out a cost-benefit analysiscovering the territory based on climate conditions, economicfeasibility and technical suitability in accordance with Part 1 of theEighth Schedule. The cost-benefit analysis shall be capable offacilitating the identification of the most resource and cost-efficientsolutions to meeting heating and cooling requirements. The cost-benefit analysis may be part of an environmental assessment, underthe Strategic Environmental Assessment Regulations for theassessment.

(5) Where the assessments referred to in sub-regulation (1)and the analysis mentioned in sub-regulation (4) identify a potentialfor the application of high-efficiency cogeneration and, or efficientdistrict heating and cooling whose benefits exceed the costs, theMinister shall take adequate measures for efficient district heatingand cooling infrastructure to be developed and, or to accommodatethe development of high-efficiency cogeneration and the use ofheating and cooling from waste heat and renewable energy sources inaccordance with sub-regulations (1), (6) and (10). Where theassessment referred to in sub-regulation (1) and the analysis referredto in sub-regulation (4) do not identify a potential whose benefitsexceed the costs, including the administrative costs of carrying outthe cost-benefit analysis referred to in sub-regulation (6), installationsshall be exempted from the requirements laid down in those sub-regulations.

(6) A cost-benefit analysis in accordance with Part 2 of theEighth Schedule shall be carried out by the project promoter when,after the 5th June 2014:

(a) a new thermal electricity generation installationwith a total thermal input exceeding 20 MW is planned, toassess the cost and benefits of providing for the operation of theinstallation as high-efficiency cogeneration installation;

(b) an existing thermal electricity generationinstallation with a total thermal input exceeding 20 MW issubstantially refurbished, to assess the cost and benefits ofconverting it to high efficiency cogeneration;

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(c) an industrial installation with a total thermal inputexceeding 20 MW generating waste heat at a useful temperaturelevel is planned or substantially refurbished, to assess the costand benefits of utilising the waste heat to satisfy economicallyjustified demand, including through cogeneration, and of theconnection of this installation to a district heating and coolingnetwork;

(d) a new district heating and cooling network isplanned or in an existing district heating or cooling network anew energy production installation with a total thermal inputexceeding 20 MW is planned or an existing such installation isto be substantially refurbished, to assess the cost and benefits ofutilising the waste heat from nearby industrial installations.

S.L. 504.109

(7) The fitting of equipment to capture carbon dioxideproduced by a combustion installation with a view to its beinggeologically stored as provided for in the Geological Storage ofCarbon Dioxide Regulations shall not be considered as refurbishmentfor the purpose of sub-regulation (6)(b), (c) and (d). The cost-benefitanalysis referred to in sub-regulation (6)(c) and (d) shall be carriedout in co-operation with the companies responsible for the operationof the district heating and cooling networks.

(8) The following installations shall be exempt from sub-regulation (6):

(a) those peak load and back-up electricity generatinginstallations which are planned to operate under 1,500 operatinghours per year as a rolling average over a period of five years,based on a verification procedure established by the Authorityensuring that this exemption criterion is met;

(b) nuclear power installations;

S.L. 504.109

(c) installations that need to be located close to ageological storage site approved under the Geological Storageof Carbon Dioxide Regulations.

(9) The Minister may also lay down thresholds, expressed interms of the amount of available useful waste heat, the demand forheat or the distances between industrial installations and districtheating networks, for exempting individual installations from theprovisions of sub-regulation (6)(c) and (d).

The Minister shall notify to the Commission exemptionsadopted under this sub-regulation by the 31st of December 2013. Anysubsequent changes to such exemptions thereafter shall also be

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notified by the Minister to the Commission.

(10) Authorisation criteria as referred to in Article 7 ofDirective 2009/72/EC, or equivalent permit criteria, shall:

(a) take into account the outcome of thecomprehensive assessments referred to in sub-regulation (1);

(b) ensure that the requirements of sub-regulation (6)are fulfilled; and

(c) take into account the outcome of cost-benefitanalysis referred to in sub-regulation (6).

(11) The Authority may exempt individual installations frombeing required, by the authorisation and permit criteria referred to insub-regulation (10), to implement options whose benefits exceed theircosts, if there are imperative reasons of law, ownership or finance forso doing. In these cases the Minister shall submit a motivatednotification of his decision to the Commission within three months ofthe date of the taking of the Minister’s decision.

S.L. 504.93A

(12) Sub-regulations (6), (8), (10) and (11) shall apply toinstallations covered by the Industrial Emissions (Large CombustionPlants) Regulations without prejudice to the requirements of thoseregulations.

(13) On the basis of the harmonised efficiency reference valuesreferred to in paragraph (f) of the Second Schedule, the Authorityshall ensure that the origin of electricity produced from high-efficiency cogeneration can be guaranteed according to objective,transparent and non-discriminatory criteria laid down by the Minister.The Authority shall ensure that this guarantee of origin complies withthe requirements and contains at least the information specified in theNinth Schedule.

The Authority shall mutually recognise guarantees oforigin from other Member States, exclusively as proof of theinformation referred to in this sub-regulation. Any refusal torecognise a guarantee of origin as such proof, in particular for reasonsrelating to the prevention of fraud, must be based on objective,transparent and non-discriminatory criteria. The Minister shall notifythe Commission of such refusal and its justification.

(14) Any available support for cogeneration shall be subject tothe electricity produced originating from high-efficiencycogeneration and the waste heat being effectively used to achieveprimary energy savings. Public support to cogeneration and district

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heating generation and networks shall be subject to State aid rules,where applicable.

Duties of the Authority.

S.L. 423.22;S.L. 423.21

17. (1) The Authority shall pay due regard to energyefficiency in carrying out the regulatory tasks specified in theElectricity Market Regulations and the Natural Gas MarketRegulations regarding its decisions on the operation of the gas andelectricity infrastructure. The Authority shall in particular through thedevelopment of network tariffs and regulations, within the frameworkof the Electricity Market Regulations and taking into account thecosts and benefits of each measure, provide incentives for gridoperators to make available system services to network userspermitting them to implement energy efficiency improvementmeasures in the context of the continuing deployment of smart grids.Such systems services may be determined by the system operator andshall not adversely impact the security of the system. For electricity,network regulation, and network tariffs shall fulfil the criteria in theTenth Schedule, taking into account guidelines and codes developedpursuant to Regulation 714/2009.

(2) By the 30th June 2015, distribution system operators shallensure that:

(a) an assessment is undertaken of the energyefficiency potentials of their gas and electricity infrastructure,notably regarding transmission, distribution, load managementand interoperability, and connection to energy generatinginstallations, including access possibilities for micro energygenerators;

(b) concrete measures and investments are identifiedfor the introduction of cost-effective energy efficiencyimprovements in the network infrastructure, with a timetable fortheir introduction.

(3) The Authority may permit components of schemes andtariff structures with a social aim for net-bound energy transmissionand distribution:

Provided that any disruptive effects on the transmissionand distribution system are kept to the minimum necessary and arenot disproportionate to the social aim.

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S.L. 423.22

(4) The distribution system operator, subject to the approval ofthe Authority, shall remove those incentives in transmission anddistribution tariffs that are detrimental to the overall efficiency(including energy efficiency) of the generation, transmission,distribution and supply of electricity or those that might hamperparticipation of demand response, in balancing markets and ancillaryservices procurement. Network operators shall be incentivised toimprove efficiency in infrastructure design and operation, and, withinthe framework of the Electricity Market Regulations, that tariffsallow suppliers to improve consumer participation in systemefficiency, including demand response depending on nationalcircumstances.

S.L. 423.22(5) Without prejudice to regulation 25(1) of the ElectricityMarket Regulations and taking into account the provisions of Article15 of Directive 2009/72/EC and the need to ensure continuity in heatsupply, and subject to requirements relating to the maintenance of thereliability and safety of the electricity grid, based on transparent andnon-discriminatory criteria defined by the transmission systemoperator and distribution system operator and approved by theAuthority, the transmission system operator and distribution systemoperator shall, when they are in charge of dispatching the generatinginstallations in their territory:

(a) guarantee the transmission and distribution ofelectricity from high-efficiency cogeneration;

(b) provide priority access to the grid of electricityfrom high efficiency cogeneration;

(c) when dispatching electricity generatinginstallations, provide priority dispatch of electricity from highefficiency cogeneration in so far as the secure operation of thenational electricity system permits.

(6) Rules relating to the ranking of the different access anddispatch priorities granted in electricity systems shall be clearlyexplained in detail and published. When providing priority access ordispatch for high efficiency cogeneration, the transmission systemoperator and the distribution system operator may, subject to theapproval of the Authority, set rankings as between, and withindifferent types of, renewable energy and high efficiency cogenerationand shall in any case ensure that priority access or dispatch for energyfrom variable renewable energy sources is not hampered.

In addition to the obligations laid down in sub-regulation(5), transmission system operators and distribution system operators

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shall comply with the requirements set out in the Tenth Schedule.

The transmission system operator and the distributionsystem operator shall facilitate the connection to the grid system ofelectricity produced from high-efficiency cogeneration from smallscale and micro cogeneration units. The Authority shall, whereappropriate, take steps to encourage network operators to adopt asimple notification "install and inform" process for the installation ofmicro cogeneration units to simplify and shorten authorisationprocedures for individual citizens and installers.

(7) Subject to the requirements relating to the maintenance ofthe reliability and safety of the grid, where this is technically andeconomically feasible with the mode of operation of the high-efficiency cogeneration installation, high-efficiency cogenerationoperators shall offer balancing services and other operational servicesat the level of transmission system operator or distribution systemoperator. The transmission system operator and the distributionsystem operator shall ensure that such services are part of a servicesbidding process which is transparent, non-discriminatory and open toscrutiny.

Where appropriate, the transmission system operator andthe distribution operator shall encourage high-efficiency cogenerationto be sited close to areas of demand by reducing the connection anduse-of-system charges.

(8) Producers of electricity from high-efficiency cogenerationwishing to be connected to the grid may issue a call for tender for theconnection work.

(9) The Authority shall encourage demand side resources,such as demand response, to participate alongside supply inwholesale and retail markets. Subject to technical constraints inherentin managing networks, the transmission system operator and thedistribution system operator, in meeting requirements for balancingand ancillary services, shall treat demand response providers,including aggregators, in a non-discriminatory manner, on the basisof their technical capabilities.

(10) Subject to technical constraints inherent in managingnetworks, the transmission system operator and the distributionsystem operator shall, subject to the approval of the Authority,promote demand response’s access to and participation in balancing,reserve and other system services markets, and the transmission anddistribution system operator shall in close cooperation with demandservice providers and consumers, define the technical modalities for

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participation in those markets on the basis of the technicalrequirements of those markets and the capabilities of demandresponse. Such specifications shall include the participation ofaggregators.

(11) When reporting under Directive 2010/75/EU, and withoutprejudice to Article 9(2) of that Directive, the authority responsiblefor reporting under Directive 2010/75/EU shall consider includinginformation on energy efficiency levels of installations undertakingthe combustion of fuels with total rated thermal input of 50 MW ormore in the light of the relevant best available techniques developedin accordance with Directive 2010/75/EU and Directive 2008/1/EC.

The authority responsible for reporting under Directive2010/75/EU may encourage operators of installations referred to inthis sub-regulation undertaking the combustion of fuels with totalrated thermal input of 50 MW or more to improve their annualaverage net operational rates.

Qualification schemes to be made available.

18. (1) Certification and, or accreditation schemes and, orequivalent qualification schemes, including, where necessary,suitable training programmes, shall be made available by the 1stJanuary 2015 for providers of energy services, energy audits, energymanagers and installers of energy-related building elements where thenational level of technical competence, objectivity and reliability isinsufficient.

(2) The Minister shall ensure that the schemes referred to insub-regulation (1) provide transparency to consumers, are reliableand contribute to national energy efficiency objectives.

(3) The Minister shall make publicly available the certificationand, or accreditation schemes or equivalent qualification schemesreferred to in sub-regulation (1). The Minister shall take appropriatemeasures to make consumers aware of the availability of qualificationand, or certification schemes, in accordance with regulation 20(1).

Information to be provided by relevant authorities.

19. (1) The Building Regulation Board, the Minister, theAuthority and entrusted parties shall provide information on availableenergy efficiency mechanisms and financial and legal frameworks,which information shall be transparent and widely disseminated to allrelevant market actors, such as consumers, builders, architects,engineers, environmental and energy auditors and installers ofbuilding elements and shall provide information to banks and otherfinancial institutions on possibilities of participating, includingthrough the creation of public and, or private partnerships, in thefinancing of energy efficiency improvement measures.

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(2) The Minister shall establish appropriate conditions formarket operators to provide adequate and targeted information andadvice to energy consumers on energy efficiency.

(3) The entrusted parties, with the participation ofstakeholders, including local and regional authorities, shall promotesuitable information, awareness-raising and training initiatives toinform citizens of the benefits and practicalities of taking energyefficiency improvement measures.

Energy services market and access for SMEs.

20. (1) The Minister shall promote the energy servicesmarket and access for small and medium-sized enterprises to thismarket by:

(a) disseminating clear and easily accessibleinformation on:

(i) available energy service contracts and clausesthat should be included in such contracts to guaranteeenergy savings and final customers’ rights;

(ii) financial instruments, incentives, grants andloans to support energy efficiency service projects;

(b) encouraging the development of quality labels,inter alia by trade associations;

(c) making publicly available and regularly updating alist of available energy service providers who are qualified and,or certified and their qualifications and, or certifications inaccordance with regulation 18, or provide an interface whereenergy service providers can provide information;

(d) supporting the public sector in taking up energyservice offers, notably for building refurbishment, by:

(i) providing model contracts for energyperformance contracting which at least include the itemslisted in the Twelfth Schedule;

(ii) providing information on best practices forenergy performance contracting, including, if available,cost and benefit analysis using a life-cycle approach;

(e) providing a qualitative review in the framework ofthe National Energy Efficiency Action Plan regarding thecurrent and future development of the energy services market.

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(2) The Minister shall support the proper functioning of theenergy services market, where appropriate, by:

(a) identifying and publicising the point of contactwhere final customers can obtain the information referred to insub-regulation (1);

(b) taking, if necessary, measures to remove theregulatory and non-regulatory barriers that impede the uptake ofenergy performance contracting and other energy efficiencyservice models for the identification and, or implementation ofenergy saving measures;

(c) considering putting in place or assigning the role ofan independent mechanism, such as an ombudsman, to ensurethe efficient handling of complaints and out-of-court settlementof disputes arising from energy service contracts;

(d) enabling independent market intermediaries to playa role in stimulating market development on the demand andsupply sides.

(3) Energy distributors, distribution system operators andretail energy sales companies shall refrain from any activities thatmay impede the demand for and delivery of energy services or otherenergy efficiency improvement measures, or hinder the developmentof markets for energy services or other energy efficiencyimprovement measures, including foreclosing the market forcompetitors or abusing dominant positions.

Removal of all regulatory barriers to energy efficiency.

21. (1) Without prejudice to the basic principles of theproperty and tenancy laws, the Minister shall evaluate and ifnecessary take appropriate measures to remove regulatory and non-regulatory barriers to energy efficiency, notably as regards:

(a) the split of incentives between the owner and thetenant of a building or among owners, with a view to ensuringthat these parties are not deterred from making efficiency-improving investments that they would otherwise have made bythe fact that they will not individually obtain the full benefits orby the absence of rules for dividing the costs and benefitsbetween them, including national rules and measures regulatingmulti-owner property decision-making processes;

(b) legal and regulatory provisions, and administrativepractices, regarding public purchasing and annual budgetingand accounting, with a view to ensuring that individual publicbodies are not deterred from making investments in improving

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energy efficiency and minimising expected life-cycle costs andfrom using energy performance contracting and other third-party financing mechanisms on a long-term contractual basis.

Such measures to remove barriers may include providingincentives, repealing or amending legal or regulatory provisions, oradopting guidelines and interpretative communications, orsimplifying administrative procedures. These measures may becombined with the provision of education, training and specificinformation and technical assistance on energy efficiency.

(2) The evaluation of barriers and measures referred to in sub-regulation (1) shall be notified to the Commission in the first NationalEnergy Efficiency Action Plan referred to in regulation 24(2).

Minister to facilitate establishment of financing funds.

22. (1) Without prejudice to Articles 107 and 108 of theTreaty, the Minister shall facilitate the establishment of financingfacilities, or use of existing ones, for energy efficiency improvementmeasures to maximise the benefits of multiple streams of financing.

(2) The Minister may set up an Energy Efficiency NationalFund. The purpose of this fund shall be to support national energyefficiency initiatives.

(3) The obligations set out in regulation 5(1) may be fulfilledby annual contributions to the Energy Efficiency National Fund of anequal amount to the investments required to achieve the obligations.

(4) Obligated parties can fulfill their obligations set out inregulation 7(1) by contributing annually to the Energy EfficiencyNational Fund an equal amount to the investments required to achievetheir obligations.

(5) Revenues from annual emission allocations under DecisionNo 406/2009/EC may be used for the development of innovativefinancing mechanisms to give practical effect to the objective inregulation 4 of improving the energy performance of buildings.

Conversion factors.

23. For the purpose of comparison of energy savings andconversion to a comparable unit, the conversion factors in the FourthSchedule shall apply unless the use of other conversion factors can bejustified.

Progress report on national energy efficiency targets.

24. (1) The Minister shall prepare by the 15th of April ofeach year, a report on the progress achieved towards national energyefficiency targets, in accordance with Part I of the ThirteenthSchedule. The report may form part of the National ReformProgrammes referred to in Council Recommendation 2010/410/EU

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on broad guidelines for the economic policies of the Member Statesand of the Union.

(2) By the 30th April 2014, and every three years thereafter,the Minister shall prepare a National Energy Efficiency Action Plan.The Plan shall cover significant energy efficiency improvementmeasures and expected and, or achieved energy savings, includingthose in the supply, transmission and distribution of energy as well asenergy end-use in view of achieving the national energy efficiencytargets referred to in regulation 3(1). The plan shall be complementedwith updated estimates of expected overall primary energyconsumption in 2020, as well as estimated levels of primary energyconsumption in the sectors indicated in Part I of the ThirteenthSchedule.

(3) The Authority shall prepare before the 30th April of eachyear statistics on national electricity and heat production from highand low efficiency cogeneration, in accordance with the methodologyshown in the First Schedule, in relation to total heat and electricitycapacities. The Authority shall also prepare annual statistics oncogeneration heat and electricity capacities and fuels forcogeneration, and on district heating and cooling production andcapacities, in relation to total heat and electricity capacities. TheAuthority shall prepare statistics on primary energy savings achievedby application of cogeneration in accordance with the methodologyshown in the Second Schedule.

Offences and penalties.

25. Any person who -

(a) wilfully or through negligence acts in breach of anyprovision of these regulations;

(b) fails to comply with any lawful order by aninspector, employee or officer of the Authority in execution oftheir duties in terms of these regulations;

(c) makes a declaration for any of the purposes ofthese regulations which is false, misleading or incorrect in anymaterial respect,

shall be guilty of an offence against these regulations and shall, onconviction, be liable to a fine (multa) of not more than sixty-ninethousand and eight hundred and eighty-one euro and twenty cents(69,881.20), or to one thousand and three hundred and ninety-seveneuro and sixty-two cents (1,397.62) for each day during which theoffence persists.

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Revokes the Cogeneration Regulations, 2007, and the Energy End-use Efficiency and Energy Services Regulations, 2008.L.N. 2 of 2007L.N. 289 of 2008

26. (1) The Cogeneration Regulations, 2007 are herebyrevoked.

(2) The Energy End-use Efficiency and Energy ServicesRegulations, 2008, are also hereby being revoked except forregulation 4(1) to (4) thereof and the First, Third and FourthSchedules thereof. Regulation 4(1) to (4) and the First, Third andFourth Schedules of the Energy End-use Efficiency and EnergyServices Regulations shall be revoked with effect from the 1stJanuary 2017.

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First Schedule

Regulation 24(3)

General principles for the calculation of electricity from cogeneration

PART I. General principles

Values used for calculation of electricity from cogeneration shall bedetermined on the basis of the expected or actual operation of the unit undernormal conditions of use. For micro-cogeneration units the calculation may bebased on certified values.

(a) Electricity production from cogeneration shall be considered equal tototal annual electricity production of the unit measured at the outlet of the maingenerators.

(i) in cogeneration units of type (b), (d), (e), (f), (g) and (h) referredto in Part II with an annual overall efficiency at a level of at least 75%, and

(ii) in cogeneration units of type (a) and (c) referred to in Part IIwith an annual overall efficiency at a level of at least 80%.

(b) In cogeneration units with an annual overall efficiency below the valuereferred to in paragraph (a)(i) (cogeneration units of type (b), (d), (e), (f), (g) and(h) referred to in Part II) or with an annual overall efficiency below the valuereferred to in paragraph (a)(ii) (cogeneration units of type (a) and (c) referred to inPart II) cogeneration is calculated according to the following formula:

ECHP=HCHP*C

where:

ECHP is the amount of electricity from cogeneration

C is the power to heat ratio

HCHP is the amount of useful heat from cogeneration (calculated for thispurpose as total heat production minus any heat produced in separate boilers or bylive steam extraction from the steam generator before the turbine).

The calculation of electricity from cogeneration must be based on the actualpower to heat ratio. If the actual power to heat ratio of a cogeneration unit is notknown, the following default values may be used, notably for statistical purposes,for units of type (a), (b), (c), (d) and (e) referred to in Part II provided that thecalculated cogeneration electricity is less or equal to total electricity production ofthe unit:

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If the Authority introduces default values for power to heat ratios for units oftype (f), (g), (h), (i), (j) and (k) referred to in Part II, such default values shall bepublished and shall be notified to the Commission.

(c) If a share of the energy content of the fuel input to the cogenerationprocess is recovered in chemicals and recycled, this share can be subtracted fromthe fuel input before calculating the overall efficiency used in paragraphs (a) and(b) of this Schedule.

(d) The Authority may determine the power to heat ratio as the ratiobetween electricity and useful heat when operating in cogeneration mode at alower capacity using operational data of the specific unit.

(e) The Authority may use other reporting periods than one year for thepurpose of the calculations according to paragraphs (a) and (b) of this Schedule.

PART II. Cogeneration technologies covered by these regulations

(a) Combined cycle gas turbine with heat recovery;

(b) Steam backpressure turbine;

(c) Steam condensing extraction turbine;

(d) Gas turbine with heat recovery;

(e) Internal combustion engine;

(f) Microturbines;

(g) Stirling engines;

(h) Fuel cells;

(i) Steam engines;

(j) Organic Rankine cycles;

(k) Any other type of technology or combination thereof falling under thedefinition ”cogeneration” laid down in regulation 2.

Type of the unit Default power to heat ratio, CCombined cycle gas turbine with heat recovery 0,95Steam back pressure turbine 0,45Steam condensing extraction turbine 0,45Gas turbine with heat recovery 0,55Internal combustion engine 0,75

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When implementing and applying the general principles for the calculationof electricity from cogeneration, the Minister shall use the detailed Guidelinesestablished by Decision 2008/952/EC.

Second Schedule

Regulations 16(13) and 24(3)

Methodology for determining the efficiencyof the cogeneration process

Values used for calculation of efficiency of cogeneration and primary energysavings shall be determined on the basis of the expected or actual operation of theunit under normal conditions of use.

(a) High-efficiency cogeneration

For the purpose of these regulations high-efficiency cogeneration shall fulfilthe following criteria:

(i) cogeneration production from cogeneration units shall provideprimary energy savings calculated according to paragraph (b) of thisSchedule of at least 10% compared with the references for separateproduction of heat and electricity;

(ii) production from small scale and micro cogeneration unitsproviding primary energy savings may qualify as high-efficiencycogeneration.

(b) Calculation of primary energy savings

The amount of primary energy savings provided by cogeneration productiondefined in accordance with the First Schedule shall be calculated on the basis ofthe following formula:

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Where:

PES is primary energy savings.

CHP Hη is the heat efficiency of the cogeneration production defined asannual useful heat output divided by the fuel input used to produce the sum ofuseful heat output and electricity from cogeneration.

Ref Hη is the efficiency reference value for separate heat production.

CHP Eη is the electrical efficiency of the cogeneration production defined asannual electricity from cogeneration divided by the fuel input used to produce thesum of useful heat output and electricity from cogeneration. Where a cogenerationunit generates mechanical energy, the annual electricity from cogeneration may beincreased by an additional element representing the amount of electricity which isequivalent to that of mechanical energy. This additional element will not create aright to issue guarantees of origin in accordance with regulation 16(13).

Ref Eη is the efficiency reference value for separate electricity production.

(c) Calculations of energy savings using alternative calculation

The Minister may calculate primary energy savings from a production of heatand electricity and mechanical energy as below without using the First Schedule toexclude the non-cogenerated heat and electricity parts of the same process. Such aproduction can be regarded as high-efficiency cogeneration provided it fulfils theefficiency criteria in paragraph (a) of this Schedule and, for cogeneration unitswith an electrical capacity larger than 25 MW, the overall efficiency is above 70%.However, specification of the quantity of electricity from cogeneration produced insuch a production, for issuing a guarantee of origin and for statistical purposes,shall be determined in accordance with the First Schedule.

If primary energy savings for a process are calculated using alternativecalculation as above the primary energy savings shall be calculated using theformula in paragraph (b) of this Schedule replacing: ‘CHP Hη’ with ‘Hη’ and‘CHP Eη’ with ‘Eη’, where:

Hη shall mean the heat efficiency of the process, defined as the annual heatoutput divided by the fuel input used to produce the sum of heat output andelectricity output.

Eη shall mean the electricity efficiency of the process, defined as the annualelectricity output divided by the fuel input used to produce the sum of heat outputand electricity output. Where a cogeneration unit generates mechanical energy, theannual electricity from cogeneration maybe increased by an additional elementrepresenting the amount of electricity which is equivalent to that of mechanicalenergy. This additional element will not create a right to issue guarantees of originin accordance with regulation 16(13).

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(d) The Authority may use other reporting periods than one year for thepurpose of the calculations according to paragraphs (b) and (c) of this Schedule.

(e) For micro-cogeneration units the calculation of primary energy savingsmay be based on certified data.

(f) Efficiency reference values for separate production of heat andelectricity

The harmonised efficiency reference values shall consist of a matrix ofvalues differentiated by relevant factors, including year of construction and typesof fuel, and must be based on a well-documented analysis taking, inter alia, intoaccount data from operational use under realistic conditions, fuel mix and climateconditions as well as applied cogeneration technologies.

The efficiency reference values for separate production of heat and electricityin accordance with the formula set out in paragraph (b) shall establish theoperating efficiency of the separate heat and electricity production thatcogeneration is intended to substitute.

The efficiency reference values shall be calculated according to the followingprinciples:

1. For cogeneration units as defined in regulation 2 the comparisonwith separate electricity production shall be based on the principle that thesame fuel categories are compared.

2. Each cogeneration unit shall be compared with the bestavailable and economically justifiable technology for separate production ofheat and electricity on the market in the year of construction of thecogeneration unit.

3. The efficiency reference values for cogeneration units older than10 years of age shall be fixed on the reference values of units of 10 years ofage.

4. The efficiency reference values for separate electricityproduction and heat production shall reflect the climatic differences betweenMember States.

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Third Schedule

Regulation 6(1)

Energy efficiency requirements for purchasing products, servicesand buildings by Government

Government when purchasing products, services or buildings, insofar as thisis consistent with cost-effectiveness, economical feasibility, wider sustainability,technical suitability, as well as sufficient competition, shall:

(a) where a product is covered by a delegated act adopted underDirective 2010/30/EU or Directive 92/75/EEC, purchase only the productsthat comply with the criterion of belonging to the highest energy efficiencyclass possible in the light of the need to ensure sufficient competition;

(b) where a product not covered under paragraph (a) of thisSchedule is covered by an implementing measure under the Framework forthe Setting of Ecodesign Requirements for Energy-Related ProductsRegulations, (S.L. 427.64) adopted after the entry into force of theseregulations, purchase only products that comply with energy efficiencybenchmarks specified in that implementing measure;

(c) purchase office equipment products covered by CouncilDecision 2006/1005/EC that comply with energy efficiency requirements notless demanding than those listed in Annex C of the Agreement attached tothat Decision;

(d) purchase only tyres that comply with the criterion of having thehighest fuel energy efficiency class, as defined by Regulation (EC) No 1222/2009. This requirement shall not prevent public bodies from purchasing tyreswith the highest wet grip class or external rolling noise class where justifiedby safety or public health reasons;

(e) require in their tenders for service contracts that serviceproviders use, for the purposes of providing the services in question, onlyproducts that comply with the requirements referred to in paragraphs (a) to(d) of this Schedule, when providing the services in question. Thisrequirement shall apply only to new products purchased by service providerspartially or wholly for the purpose of providing the service in question;

(f) purchase, or make new rental agreements for, only buildings thatcomply at least with the minimum energy performance requirements referredto in regulation 5(1) unless the purpose of the purchase is:

(i) deep renovation or demolition;

(ii) the public body intends to re-sell the building without

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using it for its own purposes; or

(iii) to preserve it as a building officially protected as part of adesignated environment, or because of its special architectural orhistorical merit.

Compliance with these requirements shall be verified by means of the energyperformance certificates referred to in regulation 12 of the Energy Performance ofBuildings Regulations. (S.L. 513.01)

Fourth Schedule

Regulations 7(6), 9(5)(d), 23

Energy content of selected fuels for end use - conversion table*

Source: Eurostat.

[1] 93 % methane.

[2] The Minister may apply other values depending on the type of wood most usedin Malta.

Energy commodity kJ (NCV) kgoe (NCV) kWh (NCV)1 kg coke 28500 0,676 7,9171 kg hard coal 17200 - 30700 0,411 - 0,733 4,778 - 8,5281 kg brown coal briquettes 20000 0,478 5,5561 kg black lignite 10500 - 21000 0,251 - 0,502 2,917 - 5,8331 kg brown coal 5600 - 10500 0,134 - 0,251 1,556 - 2,9171 kg oil shale 8000 - 9000 0,191 - 0,215 2,222 - 2,5001 kg peat 7800 - 13800 0,186 - 0,330 2,167 - 3,8331 kg peat briquettes 16000 - 16800 0,382 - 0,401 4,444 - 4,6671 kg residual fuel oil (heavy oil) 40000 0,955 11,1111 kg light fuel oil 42300 1,010 11,7501 kg motor spirit (petrol) 44000 1,051 12,2221 kg paraffin 40000 0,955 11,1111 kg liquefied petroleum gas 46000 1,099 12,7781 kg natural gas [1] 47200 1,126 13,101 kg liquefied natural gas 45190 1,079 12,5531 kg wood (25% humidity) [2] 13800 0,330 3,8331 kg pellets/wood bricks 16800 0,401 4,6671 kg waste 7400 - 10700 0,177 - 0,256 2,056 - 2,9721 MJ derived heat 1000 0,024 0,2781 kWh electrical energy 3600 0,086 1 [3]

* The Minister may apply different conversion factors if these can be justified.

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[3] Applicable when energy savings are calculated in primary energy terms usinga bottom-up approach based on final energy consumption. For savings in kWh electricitythe Minister may apply a default coefficient of 2,5. The Minister may apply a differentcoefficient provided when justifiable.

Fifth Schedule

Regulation 7(1) and (7), 9(1), (2), (3), (4), (5)(e) and (f),10(10) and (11)

Part A

Common methods and principles for calculating the impact of energyefficiency obligations schemes or other policy measures under regulation 7(1) and(3), regulation 9(1), (2), (3) and (4) and regulation 22(4)

1. Methods for calculating energy savings for the purposes of regulation7(1) and (3), regulation 9(3)(b), (c), (d), (e) and (f) and regulation 22(4).

Obligated, participating or entrusted parties or implementing publicauthorities may use one or more of the following methods for calculating energysavings:

(a) deemed savings, by reference to the results of previousindependently monitored energy improvements in similar installations. Thegeneric approach is termed "ex-ante";

(b) metered savings, whereby the savings from the installation of ameasure, or package of measures, is determined by recording the actualreduction in energy use, taking due account of factors such as additionality,occupancy, production levels and the weather, which may affectconsumption. The generic approach is termed "ex-post";

(c) scaled savings, whereby engineering estimates of savings areused. This approach may only be used where establishing robust measureddata for a specific installation is difficult or disproportionately expensive,e.g. replacing a compressor or electric motor with a different kWh rating thanthat for which independent information on savings has been measured, orwhere they are carried out on the basis of nationally establishedmethodologies and benchmarks by qualified or accredited experts that areindependent of the obligated, participating or entrusted parties involved;

(d) surveyed savings, where consumers’ response to advice,information campaigns, labelling or certification schemes, or smart meteringis determined. This approach may only be used for savings resulting from

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changes in consumer behaviour. It may not be used for savings resulting fromthe installation of physical measures.

2. In determining the energy saving for an energy efficiency measure forthe purposes of regulation 7(1) and (3), regulation 9(3) (b), (c), (d), (e) and (f) andregulation 22(4) the following principles shall apply:

(a) credit may only be given for savings exceeding the followinglevels:

(i) EU emission performance standards for new passengercars and new light commercial vehicles following the implementationof Regulation (EC) No 443/2009 and Regulation (EU) No 510/2011,respectively;

(ii) EU requirements relating to the removal from the marketof certain energy related products following the implementation ofimplementing measures under Directive 2009/125/EC; and

(b) to account for climatic variations between regions, the Ministermay choose to adjust the savings to a standard value or to accord differentenergy savings in accordance with the temperature variations betweenregions;

(c) the activities of the obligated, participating or entrusted partymust be demonstrably material to the achievement of the claimed savings;

(d) savings from an individual action may not be claimed by morethan one party;

(e) calculation of energy savings shall take into account the lifetimeof savings. This may be done by counting the savings each individual actionwill achieve between its implementation date and the 31st December 2020.Alternatively, the Minister may adopt another method that is estimated toachieve at least the same total quantity of savings. When using othermethods, the Minister shall ensure that the total amount of energy savingscalculated with these other methods does not exceed the amount of energysavings that would have been the result of their calculation when countingthe savings each individual action will achieve between its implementationdate and the 31st December 2020. The first National Energy EfficiencyAction Plan shall describe in detail in accordance with the FourteenthSchedule, which other methods have been used and which provisions havebeen made to ensure this binding calculation requirement; and

(f) actions by obligated, participating or entrusted parties, eitherindividually or together, which aim to result in lasting transformation ofproducts, equipment, or markets to a higher level of energy efficiency are

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permitted; and

(g) in promoting the uptake of energy efficiency measures, qualitystandards for products, services and installation of measures shall bemaintained. Where such standards do not exist, the Minister shall work withobligated, participating or entrusted parties to introduce them.

3. In determining the energy saving from policy measures applied underregulation 9(3)(a), the following principles shall apply:

(a) credit shall only be given for energy savings from taxationmeasures exceeding the minimum levels of taxation applicable to fuels asrequired in Directive 2003/96/EC or in Directive 2006/112/EC;

(b) recent and representative official data on price elasticities shallbe used for calculation of the impact; and

(c) the energy savings from accompanying taxation policyinstruments, including fiscal incentives or payment to a fund, shall beaccounted separately.

4. Notification of methodology

The Minister shall notify the Commission of the proposed detailedmethodology for operation of the energy efficiency obligation schemes and for thepurposes of regulation 9(1), (2), (3), (4) and regulation 22(4). Except in the case oftaxes, such notification shall include details of:

(a) obligated, participating or entrusted parties or implementingpublic authorities;

(b) target sectors;

(c) the level of the energy saving target or expected savings to beachieved over the whole and intermediate periods;

(d) the duration of the obligation period and intermediate periods;

(e) eligible measure categories;

(f) calculation methodology, including how additionality andmateriality are to be determined and which methodologies and benchmarksare used for engineering estimates;

(g) lifetimes of measures;

(h) approach taken to address climatic variations within theMember State;

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(i) quality standards;

(j) monitoring and verification protocols and how the independenceof these from the obligated, participating or entrusted parties is ensured;

(k) audit protocols; and

(l) how the need to fulfil the requirement in regulation 7(1)(b), istaken into account.

In the case of taxes, the notification shall include details of:

(a) target sectors and segment of taxpayers;

(b) implementing public authority;

(c) expected savings to be achieved;

(d) duration of the taxation measure and intermediate periods; and

(e) calculation methodology, including which price elasticities areused.

Part B

Minimum criteria for energy audits including those carried out as part ofenergy management systems

The energy audits referred to in regulation 10 shall be based on the followingguidelines:

(a) be based on up-to-date, measured, traceable operational data onenergy consumption and (for electricity) load profiles;

(b) comprise a detailed review of the energy consumption profile ofbuildings or groups of buildings, industrial operations or installations,including transportation;

(c) build, whenever possible, on life-cycle cost analysis (LCCA)instead of Simple Payback Periods (SPP) in order to take account of long-term savings, residual values of long-term investments and discount rates;

(d) be proportionate, and sufficiently representative to permit thedrawing of a reliable picture of overall energy performance and the reliableidentification of the most significant opportunities for improvement.

Energy audits shall allow detailed and validated calculations for the proposedmeasures so as to provide clear information on potential savings.

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The data used in energy audits shall be storable for historical analysis andtracking performance.

Sixth Schedule

Regulation 12(3)(c)

Minimum requirements for billing and billing informationbased on actual consumption

1. Minimum requirements for billing

1.1. Billing based on actual consumption

In order to enable final customers to regulate their own energyconsumption, billing should take place on the basis of actual consumption at leastonce a year, and billing information should be made available at least quarterly, onrequest or where the consumers have opted to receive electronic billing or elsetwice yearly. Gas used only for cooking purposes may be exempted from thisrequirement.

1.2. Minimum information contained in the bill

Where appropriate, the following information shall be made available tofinal customers in clear and understandable terms in or with their bills, contracts,transactions, and receipts at distribution stations:

(a) current actual prices and actual consumption of energy;

(b) comparisons of the final customer’s current energy consumptionwith consumption for the same period in the previous year, preferably ingraphic form;

(c) contact information for final customers’ organisations, energyagencies or similar bodies, including website addresses, from whichinformation may be obtained on available energy efficiency improvementmeasures, comparative end-user profiles and objective technicalspecifications for energy-using equipment.

In addition, wherever possible and useful, the following informationshall be made available to final customers in clear and understandable terms,in, with or signposted to within, their bills, contracts, transactions, andreceipts at distribution stations;

(d) comparisons with an average normalised or benchmarked final

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customer in the same user category.

1.3. Advice on energy efficiency accompanying bills and other feedback tofinal customers

When sending contracts and contract changes, and in the bills customersreceive or through websites addressing individual customers, energy distributors,distribution system operators and retail energy sales companies shall inform theircustomers in a clear and understandable manner of contact information forindependent consumer advice centres, energy agencies or similar institutions,including their internet addresses, where they can obtain advice on availableenergy efficiency measures, benchmark profiles for their energy consumption andtechnical specifications of energy using appliances that can serve to reduce theconsumption of these appliances.

Seventh Schedule

Regulation 12(1)

Potential for efficiency in heating and cooling

1. The comprehensive assessment of national heating and coolingpotentials referred to in regulation 12(1) shall include:

(a) a description of heating and cooling demand;

(b) a forecast of how this demand will change in the next 10 years,taking into account in particular the evolution of demand in buildings and thedifferent sectors of industry;

(c) a map of the national territory, identifying, while preserving,commercially sensitive information:

(i) heating and cooling demand points, including:

- municipalities and conurbations with a plot ratio ofat least 0.3, and

- industrial zones with a total annual heating andcooling consumption of more than 20 GWh;

(ii) existing and planned district heating and coolinginfrastructure;

(iii) potential heating and cooling supply points, including:

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- electricity generation installations with a total annualelectricity production of more than 20 GWh, and

- waste incineration plants,

- existing and planned cogeneration installations,classified according to Part B of the Fifth Schedule, and districtheating installations;

(d) identification of the heating and cooling demand that could besatisfied by high-efficiency cogeneration, including residential micro-cogeneration, and by district heating and cooling;

(e) identification of the potential for additional high-efficiencycogeneration, including from the refurbishment of existing and theconstruction of new generation and industrial installations or other facilitiesgenerating waste heat;

(f) identification of energy efficiency potentials of district heatingand cooling infrastructure;

(g) strategies, policies and measures that may be adopted up to 2020and up to 2030 to realise the potential in paragraph (e) in order to meet thedemand in paragraph (d), including, where appropriate, proposals to:

(i) increase the share of cogeneration in heating and coolingproduction and in electricity production;

(ii) develop efficient district heating and cooling infrastructureto accommodate the development of high-efficiency cogeneration andthe use of heating and cooling from waste heat and renewable energysources;

(iii) encourage new thermal electricity generation installationsand industrial plants producing waste heat to be located in sites where amaximum amount of the available waste heat will be recovered to meetexisting or forecasted heat and cooling demand;

(iv) encourage new residential zones or new industrial plantswhich consume heat in their production processes to be located whereavailable waste heat, as identified in the comprehensive assessment, cancontribute to meeting their heat and cooling demands. This couldinclude proposals that support the clustering of a number of individualinstallations in the same location with a view to ensuring an optimalmatching between demand and supply for heat and cooling;

(v) encourage thermal electricity generating installations,industrial plants producing waste heat, waste incineration plants and

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other waste-to-energy plants to be connected to the local district heatingor cooling network;

(vi) encourage residential zones and industrial plants whichconsume heat in their production processes to be connected to the localdistrict heating or cooling network;

(h) the share of high efficiency cogeneration and the potentialestablished and progress achieved under Directive 2004/8/EC;

(i) an estimate of the primary energy to be saved;

(j) an estimate of public support measures to heating and cooling, ifany, with the annual budget and identification of the potential aid element.This does not prejudge a separate notification of the public support schemesfor a State aid assessment.

2. To the extent appropriate, the comprehensive assessment may be madeup of an assembly of regional or local plans and strategies.

Eighth Schedule

Regulation 16(4)

Cost-benefit analysis

Part 1: General principles of the cost-benefit analysis

The purpose of preparing cost-benefit analyses in relation to measures forpromoting efficiency in heating and cooling as referred to in regulation 16(4) is toprovide a decision base for qualified prioritisation of limited resources at societylevel.

The cost-benefit analysis may either cover a project assessment or a group ofprojects for a broader local, regional or national assessment in order to establishthe most cost-effective and beneficial heating or cooling option for a givengeographical area for the purpose of heat planning.

Cost-benefit analyses for the purposes of regulation 16(4) shall include aneconomic analysis covering socio-economic and environmental factors.

The cost-benefit analyses shall include the following steps andconsiderations:

(a) Establishing a system boundary and geographical boundary

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The scope of the cost-benefit analyses in question determinesthe relevant energy system. The geographical boundary shall cover a suitablewell-defined geographical area, e.g. a given region or metropolitan area, toavoid selecting sub-optimized solutions on a project by project basis.

(b) Integrated approach to demand and supply options

The cost-benefit analysis shall take into account all relevantsupply resources available within the system and geographical boundary,using the data available, including waste heat from electricity generation andindustrial installations and renewable energy, and the characteristics of andtrends in heat and cooling demand.

(c) Constructing a baseline

The purpose of the baseline is to serve as a reference point, towhich the alternative scenarios are evaluated.

(d) Identifying alternative scenarios

All relevant alternatives to the baseline shall be considered.Scenarios that are not feasible due to technical reasons, financial reasons,national regulation or time constraints may be excluded at an early stage ofthe cost benefit analysis if justified based on careful, explicit and well-documented considerations.

Only high-efficiency cogeneration, efficient district heating andcooling or efficient individual heating and cooling supply options as definedin regulation 2 should be taken into account in the cost-benefit analysis asalternative scenarios compared to the baseline.

(e) Method for the calculation of cost-benefit surplus

(i) The total long-term costs and benefits of heat or coolingsupply options shall be assessed and compared.

(ii) The criterion for evaluation shall be the net present value(NPV) criterion.

(iii) The time horizon shall be chosen such that all relevantcosts and benefits of the scenarios are included. For example, for a gas-fired power plant an appropriate time horizon could be 25 years, for adistrict heating system, 30 years, or for heating equipment such asboilers 20 years.

(f) Calculation and forecast of prices and other assumptions for theeconomic analysis

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(i) The Minister shall provide assumptions, for the purpose ofthe cost-benefit analyses, on the prices of major input and output factorsand the discount rate.

(ii) The discount rate used in the economic analysis for thecalculation of net present value shall be chosen according to Europeanor national guidelines*.

(iii) The Minister shall use national, European or internationalenergy price development forecasts if appropriate in their national and,or regional or local context.

(iv) The prices used in the economic analysis shall reflect thetrue socio economic costs and benefits and should include externalcosts, such as environmental and health effects, to the extent possible,i.e. when a market price exists or when it is already included inEuropean or national regulation.

(g) Economic analysis: Inventory of effects

The economic analyses shall take into account all relevanteconomic effects.

The Minister may assess and take into account in decisionmaking costs and energy savings from the increased flexibility in energysupply and from a more optimal operation of the electricity networks,including avoided costs and savings from reduced infrastructure investment,in the analysed scenarios.

The costs and benefits taken into account shall include at leastthe following:

(i) Benefits

a. Value of output to the consumer (heat and electricity)

b. External benefits such as environmental and healthbenefits, to the extent possible

(ii) Costs

a. Capital costs of plants and equipments

b. Capital costs of the associated energy networks

* The national discount rate chosen for the purpose of economic analysis should take into account data provided by the European Central Bank.

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c. Variable and fixed operating costs

d. Energy costs

e. Environmental and health cost, to the extent possible

(h) Sensitivity analysis:

A sensitivity analysis shall be included to assess the costs andbenefits of a project or group of projects based on different energy prices,discount rates and other variable factors having a significant impact on theoutcome of the calculations.

The Minister shall carry out the cost-benefit analyses underregulation 12. Competent local, regional and national authorities or operatorsof individual installations may be required to carry out the economic andfinancial analysis. The Minister shall provide the detailed methodologies andassumptions in accordance with this Schedule and establish and make publicthe procedures for the economic analysis.

Part 2: Principles for the purpose of regulation 16(4) and (10)

The cost-benefit analyses shall provide information for the purpose of themeasures referred to in regulation 16(4) and (10):

If an electricity-only installation or an installation without heat recovery isplanned, a comparison shall be made between the planned installations or theplanned refurbishment and an equivalent installation producing the same amountof electricity or process heat, but recovering the waste heat and supplying heatthrough high efficiency cogeneration and, or district heating and cooling networks.

Within a given geographical boundary the assessment shall take into accountthe planned installation and any appropriate existing or potential heat demandpoints that could be supplied from it, taking into account rational possibilities (forexample technical feasibility and distance).

The system boundary shall be set to include the planned installation and theheat loads, such as building/s and industrial process. Within this system boundarythe total cost of providing heat and power shall be determined for both cases andcompared.

Heat loads shall include existing heat loads, such as an industrial installationor an existing district heating system, and also, in urban areas, the heat load andcosts that would exist if a group of buildings or part of a city were provided withand, or connected into a new district heating network.

The cost-benefit analysis shall be based on a description of the plannedinstallation and the comparison installation(s), covering electrical and thermal

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capacity, as applicable, fuel type, planned usage and the number of plannedoperating hours annually, location and electricity and thermal demand.

For the purpose of the comparison, the thermal energy demand and the typesof heating and cooling used by the nearby heat demand points shall be taken intoaccount. The comparison shall cover infrastructure related costs for the plannedand comparison installation.

Cost-benefit analyses for the purposes of regulation 16(4) shall include aneconomic analysis covering a financial analysis reflecting actual cash flowtransactions from investing in and operating individual installations.

Projects with positive cost-benefit outcome are those where the sum ofdiscounted benefits in the economic and financial analysis exceeds the sum ofdiscounted costs (cost-benefit surplus).

The Minister shall set guiding principles for the methodology, assumptionsand time horizon for the economic analysis.

The Minister may require that the companies responsible for the operation ofthermal electric generation installations, industrial companies, district heating andcooling networks, or other parties influenced by the defined system boundary andgeographical boundary, contribute data for use in assessing the costs and benefitsof an individual installation.

Ninth Schedule

Regulation 16

Guarantee of origin for electricity produced fromhigh efficiency cogeneration

(a) The Authority shall take measures to ensure that:

(i) the guarantee of origin of the electricity produced from high-efficiency cogeneration:

- enable producers to demonstrate that the electricity theysell is produced from high-efficiency cogeneration and is issued to thiseffect in response to a request from the producer,

- is accurate, reliable and fraud-resistant,

- is issued, transferred and cancelled electronically;

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(ii) the same unit of energy from high-efficiency cogeneration istaken into account only once.

(b) The guarantee of origin referred to in regulation 16(13) shall contain atleast the following information:

- the identity, location, type and capacity (thermal and electrical)of the installation where the energy was produced;

- the dates and places of production;

- the lower calorific value of the fuel source from which theelectricity was produced;

- the quantity and the use of the heat generated together with theelectricity;

- the quantity of electricity from high efficiency cogeneration inaccordance with the Second Schedule to these regulations that the guaranteerepresents;

- the primary energy savings calculated in accordance with theSecond Schedule to these regulations based on the harmonised efficiencyreference values indicated in paragraph (f) of the Second Schedule;

- the nominal electric and thermal efficiency of the plant;

- whether and to what extent the installation has benefited frominvestment support;

- whether and to what extent the unit of energy has benefited in any otherway from a national support scheme, and the type of support scheme;

- the date on which the installation became operational; and

- the date and country of issue and a unique identification number.

The guarantee of origin shall be of the standard size of 1 MWh. It shallrelate to the net electricity output measured at the station boundary and exported tothe grid.

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Tenth Schedule

Regulation 17(6)

Energy efficiency criteria for energy network regulationand for electricity network tariffs

1. Network tariffs shall be cost-reflective of cost-savings in networksachieved from demand side and demand response measures and distributedgeneration, including savings from lowering the cost of delivery or of networkinvestment and a more optimal operation of the network.

2. Network regulation and tariffs shall not prevent network operators orenergy retailers making available system services for demand response measures,demand management and distributed generation on organised electricity markets,in particular:

(a) the shifting of the load from peak to off-peak times by finalcustomers taking into account the availability of renewable energy, energyfrom cogeneration and distributed generation;

(b) energy savings from demand response of distributed consumersby energy aggregators;

(c) demand reduction from energy efficiency measures undertakenby energy service providers, including energy service companies;

(d) the connection and dispatch of generation sources at lowervoltage levels;

(e) the connection of generation sources from closer location to theconsumption; and

(f) the storage of energy.

For the purposes of this provision the term "organised electricity markets"shall include over-the-counter markets and electricity exchanges for tradingenergy, capacity, balancing and ancillary services in all timeframes, includingforward, day-ahead and intra-day markets.

3. Network or retail tariffs may support dynamic pricing for demandresponse measures by final customers, such as:

(a) time-of-use tariffs;

(b) critical peak pricing;

(c) real time pricing; and

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(d) peak time rebates.

Eleventh Schedule

Regulation 17(6)

Energy efficiency requirements for transmission system operatorsand distribution system operators

Transmission and distribution system operators shall:

(a) set up and make public their standard rules relating to the bearing andsharing of costs of technical adaptations, such as grid connections and gridreinforcements, improved operation of the grid and rules on the non-discriminatory implementation of the grid codes, which are necessary in order tointegrate new producers feeding electricity produced from high efficiencycogeneration into the interconnected grid;

(b) provide any new producer of electricity produced from high-efficiencycogeneration wishing to be connected to the system with the comprehensive andnecessary information required, including:

(i) a comprehensive and detailed estimate of the costs associatedwith the connection;

(ii) a reasonable and precise timetable for receiving and processingthe request for grid connection;

(iii) a reasonable indicative timetable for any proposed gridconnection. The overall process to become connected to the grid should beno longer than 24 months, bearing in mind what is reasonably practicable andnon-discriminatory;

(c) provide standardised and simplified procedures for the connection ofdistributed high efficiency cogeneration producers to facilitate their connection tothe grid.

The standard rules referred to in paragraph (a) shall be based on objective,transparent and non-discriminatory criteria taking particular account of all thecosts and benefits associated with the connection of those producers to the grid.They may provide for different types of connection.

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Twelfth Schedule

Regulation 20(1)(d)

Mimimum items to be included in energy performance contracts with the public sector or in the associated tender specifications

- Clear and transparent list of the efficiency measures to be implementedor the efficiency results to be obtained.

- Guaranteed savings to be achieved by implementing the measures of thecontract.

- Duration and milestones of the contract, terms and period of notice.

- Clear and transparent list of the obligations of each contracting party.

- Reference date(s) to establish achieved savings.

- Clear and transparent list of steps to be performed to implement ameasure or package of measures and, where relevant, associated costs.

- Obligation to fully implement the measures in the contract anddocumentation of all changes made during the project.

- Regulations specifying the inclusion of equivalent requirements in anysubcontracting with third parties.

- Clear and transparent display of financial implications of the projectand distribution of the share of both parties in the monetary savings achieved (i.e.remuneration of the service provider).

- Clear and transparent provisions on measurement and verification of theguaranteed savings achieved, quality checks and guarantees.

- Provisions clarifying the procedure to deal with changing frameworkconditions that affect the content and the outcome of the contract (i.e. changingenergy prices, use intensity of an installation).

- Detailed information on the obligations of each of the contracting partyand of the penalties for their breach.

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Thirteenth Schedule

Regulations 3(1), 5(1), (8), and (9), 7(1), and (4), 9(1), 10, 16, 17, 18, 21, 24(1) and (2)

General framework for reporting

PART 1. General framework for annual reports

The annual reports referred to in regulation 24 (1) provide a basis for themonitoring of the progress towards national 2020 targets. The reports shall includethe following minimum information:

(a) an estimate of following indicators in the year before last (yearX*-2):

(i) primary energy consumption as defined in regulation 2;

(ii) total final energy consumption;

(iii) final energy consumption by sector

- industry

- transport (split between passenger and freighttransport, if available)

- households

- services;

(iv) gross value added by sector

- industry

- services

(v) disposable income of households;

(vi) gross domestic product (GDP);

(vii) electricity generation from thermal power generation;

(viii) electricity generation from combined heat and power;

(ix) heat generation from thermal power generation;

* To be understood as X=current year.

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(x) heat generation from combined heat and power plants,including industrial waste heat;

(xi) fuel input for thermal power generation;

(xii) passenger kilometers (pkm), if available;

(xiii) tonne kilometers (tkm), if available;

(xiv) combined transport kilometres (pkm + tkm), in case (xii)and (xiii) are not available;

(xv) population.

In sectors where energy consumption remains stable or is growing, theMinister shall analyse the reasons for it and attach his appraisal to theestimates;

(b) updates on major legislative and non-legislative measuresimplemented in the previous year which contribute towards the overallnational energy efficiency targets for 2020;

(c) the total building floor area of the buildings with a total usefulfloor area over 500 m2 and as of the 9th July 2015 over 250 m2 owned andoccupied by Government that, on the 1st January of the year in which thereport is due, did not meet the energy performance requirements referred toin regulation 5(1);

(d) the total building floor area of heated and, or cooled buildingsowned and occupied by Government that was renovated in the previous yearreferred to in regulation 5(1) or the amount of energy consumption savings ineligible buildings owned and occupied by Government as referred to inregulation 5(8);

(e) energy savings achieved through the national energy efficiencyobligation scheme referred to in regulation 7(1) or the alternative measuresadopted in application of regulation 9(1).

The first report shall also include the national target referred to in regulation3(1).

In the annual reports referred to in regulation 24(1) the Minister may alsoinclude additional national targets. These may be related in particular to thestatistical indicators enumerated in Part 1 paragraph (a) of this Schedule orcombinations thereof, such as primary or final energy intensity or sectoral energyintensities.

PART 2. General framework for the Plan

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The Plan referred to in regulation 24(2) shall provide a framework for thedevelopment of national energy efficiency strategies.

The Plan shall cover significant energy efficiency improvement measuresand expected/achieved energy savings, including those in the supply, transmissionand distribution of energy as well as energy end-use. The Plan shall include thefollowing minimum information:

1. Targets and strategies

- the indicative national energy efficiency target for 2020 asrequired by regulation 3(1),

- the national indicative energy savings target set in regulation4(1) of the Energy End-use Efficiency and Energy Services Regulations,

- other existing energy efficiency targets addressing the wholeeconomy or specific sectors.

2. Measures and energy savings

The Plan shall provide information on measures adopted or planned to beadopted in view of implementing the main elements of these regulations and ontheir related savings.

(a) Primary energy savings

The Plan shall list significant measures and actions taken towardsprimary energy saving in all sectors of the economy. For every measure orpackage of measures/actions estimations of expected savings for 2020 andsavings achieved by the time of the reporting shall be provided.

Where available, information on other impacts/benefits of the measures(greenhouse gas emissions reduction, improved air quality, job creation, etc.)and the budget for the implementation should be provided.

(b) Final energy savings

The first and second Plans shall include the results with regard to thefulfilment of the final energy savings target set out in regulation 4(1) and (2)of the Energy End-use Efficiency and Energy Services Regulations. Ifcalculation/estimation of savings per measure is not available, sector levelenergy reduction shall be shown due to (the combination) of measures.

The first and second Plans shall also include the measurement and, orcalculation methodology used for calculating the energy savings. If the"recommended methodology"* is applied, the Plan should provide referencesto this.

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3. Specific information related to provisions of these regulations

3.1. Public bodies (Regulation 5)

The Plan shall include the list of public bodies having developed an energyefficiency plan in accordance with regulation 5(9).

3.2. Energy efficiency obligations (Regulation 7)

The Plan shall include the national coefficients chosen in accordance with theFourth Schedule.

The first Plan shall include a short description of the national scheme referredto in regulation 7(1) or the alternative measures adopted in application ofregulation 9(1).

3.3. Energy audits and management systems (regulation 10)

The Plan shall include:

(a) the number of energy audits carried out in the previous period;

(b) the number of energy audits carried out in large enterprises inthe previous period;

(c) the number of large companies in their territory, with anindication of the number of those to which regulation 7(4) is applicable.

3.4. Promotion of efficient heating and cooling (Regulation 16)

The Plan shall include an assessment of the progress achieved inimplementing the comprehensive assessment referred to in regulation 16(1).

3.5. Energy transmission and distribution (Regulation 17)

The first Plan and the subsequent reports due every 10 years thereafter shallinclude the assessment made, the measures and investments identified to utilise theenergy efficiency potentials of the gas and electricity infrastructure referred to inregulation 17(2).

3.6. The Minister shall report, as part of the Plan, on the measuresundertaken to enable and develop demand response as referred to in regulation 17.

3.7. Availability of qualification, accreditation and certification schemes(Regulation 18)

* Recommendations on Measurement and Verification Methods in the framework of theDirective 2006/32/EC on Energy End-Use Efficiency and Energy Services.

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The Plan shall include information on the available qualification,accreditation and certification schemes or equivalent qualification schemes for theproviders of energy services, energy audits and energy efficiency improvementmeasures.

3.8. Energy Services (Regulation 20)

The Plan shall include an internet link to the website where the list or theinterface of energy services providers referred to in regulation 20 can beaccessible.

3.9. Other measures to promote energy efficiency (Regulation 21)

The first Plan shall include a list of the measures referred to in regulation21(1).

_________________________________________________________________________________________________________________________Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta

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