S.L. 545.33 Art. 2Interpretation. Cap. 545. S.L. 513. 01. Cap. 513. S.L. 513. 01. S.L. 601. 03. S.L. 545. 13. S.L. 545. 12. S.L. 513. 01. S.L. 601. 03. Cap. 460.

(1) Unless stated otherwise in these regulations, the definitions in the Act shall apply.

(2) In these regulations, unless the context otherwise requires:

"Act" means the Regulator for Energy and Water Services Act;

"aggregator" means a demand service provider that combines multiple short-duration consumer loads to sell or auction in organised energy markets;

"building element" shall have the same meaning as assigned to it under the Energy Performance of Buildings Regulations;

"Building Regulation Board" means the Board established under article 3 of the Building Regulation Act;

"building unit" shall have the same meaning as assigned to it under the Energy Performance of Buildings Regulations; "cogeneration" means the simultaneous generation in one process of thermal energy and electrical or mechanical energy;

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

"Commission" means the European Commission established by the Treaty on the Functioning of the European Union as amended by the Lisbon Treaty, 2009;

"contracting authorities" shall have the same meaning as assigned to it under the Public Procurement Regulations;

"Council Decision 2006/1005/EC" means Council Decision of 18 December 2006 concerning conclusion of the Agreement between the Government of the United States of America and the European Community on the coordination of energy-efficiency labelling programmes for office equipment;

"Decision 2008/952/EC" means Commission Decision of the 19th November 2008 establishing detailed guidelines for the implementation and application of Annex II to Directive 2004/8/EC of the European Parliament and of the Council;

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

"district heating or district cooling” shall have the same meaning as under the Energy Performance of Buildings Regulations;

"economically justifiable demand" means demand that does not exceed the needs for heating or cooling and which would otherwise be satisfied at market conditions by energy generation processes other than cogeneration;

"efficient district heating and cooling" means a district heating or cooling system using at least fifty per cent (50%) renewable energy, fifty per cent (50%) waste heat, seventy-five per cent (75%) cogenerated heat or fifty per cent (50%) of a combination of such energy and heat;

"efficient heating and cooling" means a heating and cooling option that compared to a baseline scenario reflecting a business as usual situation measurably reduces the input of primary energy needed to supply one unit of delivered energy within a relevant system boundary in a cost-effective way, as assessed in the cost-benefit analysis referred to in these regulations, taking into account the energy required for extraction, conversion, transport and distribution;

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

"electricity from cogeneration" means electricity generated in a process linked to the production of useful heat and calculated in accordance 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, as defined in Regulation (EC) No 1099/2008 of the European Parliament and of the Council of 22 October 2008 on energy statistics;

"energy audit" means a systematic procedure to obtain adequate knowledge of the existing energy consumption profile of a building or group of buildings, an industrial or commercial operation or installation or a private or public service, to identify and quantify cost-effective energy savings opportunities, and report the findings;

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

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

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

"energy management system" means a set of interrelated or interacting elements of a plan which sets an energy efficiency objective and a strategy to achieve that objective;

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

"energy savings" means an amount of saved energy determined by measuring and, or estimating consumption before and after implementation of one or more energy efficiency improvement measures, whilst ensuring normalisation for external conditions that affect energy consumption;

"energy service" means the physical benefit, utility or good derived from a combination of energy with energy efficient technology or with action, which may include the operations, maintenance and control necessary to deliver the service, which is delivered on the basis of a contract and in normal circumstances has proven to result in verifiable and measurable or estimable energy efficiency improvement or primary energy savings;

"energy service provider" means a natural or legal person who delivers energy services or other energy efficiency improvement measures in a final customer's facility or premises;

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

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

"European Union" or "Union" means the European Union as referred to in the Treaty;

"final customer" means a natural or legal person who purchases energy based on a direct, individual contract with an energy supplier;

"final user" for the purposes of regulation 16 and Part II of the Seventh Schedule, means an occupant of an individual building or an individual unit of a multi-apartment or multi-purpose building where such unit is supplied with heating, cooling or domestic hot water from a central source and where such occupant has no direct or individual contract with the energy supplier, as well as any final customer purchasing heating, cooling or domestic hot water for their own end use;

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

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

"Government" means the Government of Malta and includes all administrative departments of Government whose competence extends over the whole territory of Malta, but shall not include local councils;

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

"implementing public authority" means a body governed by public law which is responsible for the carrying out or monitoring of energy or carbon taxation, financial schemes and instruments, fiscal incentives, standards and norms, energy labelling schemes, training or education;

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

"International standard" means a standard adopted by the International Standardisation Organisation and made available to the public;

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

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

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

"Minister" means the Minister responsible for the Regulator for Energy and Water Services:

Provided that the Minister may designate any such body to carry out any such function as is attributed to the Minister under these regulations:

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

"National Energy Efficiency Action Plan" or "the Plan" means the action plan which is intended to achieve the national energy efficiency targets required by sub-regulation (1) of regulation 3 and towards the implementation of these regulations;

"obligated party" means the energy distributor or retail energy sales company that is bound by the national energy efficiency obligation schemes referred to in regulation 8;

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

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

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

"policy measure" means a regulatory, financial, fiscal, voluntary or information provision instrument that has been formally established and implemented to create a supportive framework, requirement or incentive for market actors to provide and purchase energy services and to undertake other energy efficiency improvement measures;

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

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

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

"Regulation (EU) No 510/2011" means Regulation (EU) No 510/2011 of the European Parliament and of the Council of the 11th May 2011 setting emission performance standards for new light commercial vehicles as part of the Union’s integrated approach to reduce CO emissions from light-duty vehicles; 2

"Regulation (EC) No 443/2009" means Regulation (EC) No 443/2009 of the European Parliament and of the Council of the 23 April 2009 setting emission performance standards for new passenger cars as part of the Community’s integrated approach to reduce CO 2 emissions from light-duty vehicles;

"Regulation 714/2009" means Regulation (EC) No 714/2009 of the European Parliament and of the Council of the 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003;

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

"Regulation (EU) 2018/1999" means Regulation (EU) 2018/ 1999 of the European Parliament and of the Council of the 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/ 2009 of the European Parliament and of the Council, Directives 94/22/ EC, 98/70/EC. 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/ EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council;

"Regulator" means the Regulator for Energy and Water Services established by the Act;

"retail energy sales company" means a natural or legal person who sells energy to final customers; "small and medium-sized enterprises" means enterprises as defined in Title I of the Annex to Commission Recommendation 2003/ 361 of the 6th May 2003 concerning the definition of micro, small and medium-sized enterprises. The category of micro, small and medium-sized enterprises (SMEs) is made up of enterprises which employ fewer than two hundred and fifty (250) persons and which have an annual turnover not exceeding fifty million euro (€50, 000, 000), and, or an annual balance sheet total not exceeding forty-three million euro (€43, 000, 000);

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

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

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

"total useful floor area" means the floor area of a building or part of a building, where energy is used to condition the indoor climate;

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

"Treaty" shall have the same meaning as in the European Union

Act;

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