S.L. 545.36 Art. 5Determination and granting of guarantees of origin. 4 [S.L. 5

(1) The Regulator shall acknowledge in writing, to the applicant, by means of a receipt issued in respect of a valid application within fifteen (15) days from the date of the receipt of such application.

(2) The Regulator shall issue a guarantee of origin in respect of electricity produced from high-efficiency cogeneration and, or to producers of energy produced from renewable energy sources having regard to the following:

(a) an application received in accordance with regulation 4; and

(b) where it is satisfied that the electricity about which the application is being made is duly produced from high-efficiency cogeneration; or

(c) where it is satisfied that the energy about which HIGH-EFFICIENCY COGENERATION AND OF ENERGY 545.36 FROM RENEWABLE ENERGY SOURCES the application is being made is duly produced from renewable energy sources.

(3) A guarantee of origin shall be issued to the person submitting the application or to such other person as may be indicated in the application.

(4) The guarantee of origin shall only be issued with regard to the electricity or energy to which the request being made in the application refers to.

(5) A guarantee of origin issued in relation to electricity produced from high-efficiency cogeneration and, or energy produced from renewable energy sources shall be issued with respect to each megawatt hour (1MWh) of electricity or energy produced and such megawatt hours shall be rounded up to the nearest megawatt hour and shall not include energy being consumed for the plant’s own use.

(6) A guarantee of origin:

(a) shall contain all the information listed in the Second Schedule; and

(b) may contain such other related information as the Regulator may deem fit and appropriate to include;

Provided that simplified information may be specified on guarantees of origin from installations of less than fifty kilowatts (50kW).

(7) Where a guarantee of origin has been issued in terms of these regulations and has not at any time been revoked, the Regulator shall not issue another guarantee of origin with respect to the same electricity or energy for which the guarantee of origin has already been issued.

(8) The Regulator may set a minimum capacity limit when considering the energy unit of guarantees of origin.

(9) The Regulator shall put in place appropriate mechanisms to ensure that guarantees of origin shall be issued, transferred and cancelled electronically, and are accurate, reliable and fraud-resistant and shall ensure that the requirements imposed are compliant with the standard CEN-EN 16325.

(10) The Regulator shall recognise guarantees of origin issued by competent authorities in other Member States exclusively as proof of the elements referred to in sub-regulation (2) of regulation 1 and sub-regulation (6) with particular reference to the Second Schedule, provided that such guarantees of origin are issued in accordance with laws within those Member States which are in conformity with the relevant European Union legislation. The Regulator may refuse to recognise a guarantee of origin only when it has well-founded doubts about its accuracy, reliability or veracity or for reasons relating to the prevention of fraud and such refusal must be based on objective, transparent and non-discriminatory criteria. The Regulator shall notify the Commission of such a refusal and shall give reasoned grounds for its decision.

(11) The Regulator shall not recognise guarantees of origins issued by a third country except where the Union has concluded an agreement with that third country on mutual recognition of guarantees of origin issued in the Union and compatible guarantees of origin systems established in that third country, and only where there is direct import or export of energy.