S.L. 545.35 Art. 29Calculation rules with regard to the minimumsharesof renewable energy in the transport sector.

(1) For the calculation of the minimum shares referred to in sub-regulations (1) and (4) of regulation 27 the following provisions shall apply:

(a) for the calculation of the denominator, that is the energy content of road and rail-transport fuels supplied for consumption or use on the market, petrol, diesel, natural gas, biofuels, biogas, renewable liquid and gaseous transport fuels of non-biological origin, recycled carbon fuels and electricity supplied to the road and rail transport sectors, shall be taken into account;

(b) for the calculation of the numerator, that is the amount of energy from renewable sources consumed in the transport sector for the purposes of sub-regulation (1) of regulation 27 the energy content of all types of energy from renewable sources supplied to all transport sectors, including renewable electricity supplied to the road and rail transport sectors, shall be taken into account and recycled carbon fuels may also be taken into account; and

(c) for the calculation of both numerator and denominator, the values regarding the energy content of transport fuels set out in the Third Schedule shall be used:

Provided that in order to determine the calorific values of fuels, the relevant European Standards Organisation (ESO) standards shall be used for the determination of the energy content of transport fuels not included in the Third Schedule, and where no ESO standard has been adopted for that purpose, the relevant International Organization for Standardisation (ISO) standards shall be used.

(2) For the purposes of demonstrating compliance with the minimum shares referred to in regulation 27:

(a) the share of biofuels and biogas for transport produced from the feedstock listed in the Fifth Schedule may be considered to be twice its energy content;

(b) the share of renewable electricity shall be considered to be four times its energy content when supplied to road vehicles and may be considered to be 1.5 times its energy content when supplied to rail transport;

(c) with the exception of fuels produced from food and feed crops, the share of fuels supplied in the aviation and maritime sectors shall be considered to be 1.2 times their energy content.

(3) For the calculation of the share of renewable electricity in the electricity supplied to road and rail vehicles for the purposes of sub-regulation (1), the two-year period before the year in which the electricity is supplied in Malta shall be referred to.

(4) By way of derogation from sub-regulation (3), to determine the share of electricity for the purposes of sub-regulation (1), in the case of electricity obtained from a direct connection to an installation generating renewable electricity and supplied to road vehicles, that electricity shall be fully counted as renewable.

(5) For the purposes of this regulation, where electricity is used for the production of renewable liquid and gaseous transport fuels of non-biological origin, either directly or for the production of intermediate products, the average share of electricity from renewable sources in the country of production, as measured two years before the year in question, shall be used to determine the share of renewable energy.

(6) Electricity obtained from direct connection to an installation generating renewable electricity may be fully counted as renewable electricity where it is used for the production of renewable liquid and gaseous transport fuels of non-biological origin, provided that the installation:

(a) comes into operation after, or at the same time as, the installation producing the renewable liquid and gaseous transport fuels of non-biological origin; and

(b) is not connected to the grid or is connected to the grid but evidence can be provided that the electricity concerned has been supplied without taking electricity from the grid.

(7) Electricity that has been taken from the grid may be counted as fully renewable provided that it is produced exclusively from renewable sources and the renewable properties and other appropriate criteria have been demonstrated, ensuring that the renewable properties of that electricity are claimed only once and only in one end-use sector.