S.L. 545.35 Art. 28Specific rules for biofuels,bioliquids and biomass fuels produced from food and feed crops.  S.L. 545.37.

(1) For the calculation of Malta’s gross final consumption of energy from renewable sources referred to in regulation 8 and the minimum share referred to in the sub-regulation

(1) of regulation 27, the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the road and rail transport sectors in Malta in 2020 with a maximum of seven per cent (7%) of final consumption of energy in the road and rail transport sectors:

Provided that where that share is below one per cent (1%), it may be increased to a maximum of two per cent (2%) of the final consumption of energy in the road and rail transport sectors.

(2) The Minister may set a lower limit and may distinguish, for the purposes of regulation 3 of the Biofuels, Bioliquids and Biomass Fuels (Sustainability Criteria) Regulations between different biofuels, bioliquids and biomass fuels produced from food and feed crops, taking into account best available evidence on indirect land-use change impact, including, for example, the option to set a lower limit for the share of biofuels, bioliquids and biomass fuels produced from oil crops.

(3) Where the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, produced from food and feed crops in Malta is limited to a share lower than seven per cent (7%) or the Minister decides to limit the share further, the minimum share referred to in sub-article (1) of regulation 27 may be accordingly reduced, by a maximum of seven percentage points (7%).

(4) For the calculation of Malta’s gross final consumption of energy from renewable sources referred to in regulation 8 and the minimum share referred to in sub-regulation (1) of regulation 27, the share of high indirect land-use change-risk biofuels, bioliquids or biomass fuels produced from food and feed crops for which a significant expansion of the production area into land with high-carbon stock is observed shall not exceed the level of consumption of such fuels in Malta in 2019, unless they are certified to be low indirect landuse change-risk biofuels, bioliquids or biomass fuels pursuant to legislation issued to this effect by the Commission in line with paragraph 2 of Article 26 of the Directive:

st Provided that from the 1 of January 2024, such fuels shall not be taken into account for said calculations.