S.L. 545.43 Art. 16Calculationrulesin the transport sector and with regard to renewable fuels of non-biological originregardlessof their end use.      S.L. 545.45.

(1) For the calculation of the minimum shares referred to in regulation 14(2), the following rules shall apply:

(a) for the calculation of the denominator, that is the amount of energy consumed in the transport sector, all fuels and electricity supplied to the transport sector 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 regulation 14(2) the energy content of all types of energy from renewable sources supplied to all transport modes, including to international marine bunkers, shall be taken into account:

Provided that recycled carbon fuels may be taken into account;

(c) the share of biofuels and biogas produced from the feedstock listed in the Fourth Schedule and renewable fuels SOURCES

of non-biological origin shall be considered to be twice its energy content;

(d) the share of renewable electricity shall be considered to be four (4) times its energy content when supplied to road vehicles;

(e) the share of advanced biofuels and biogas produced from the feedstock listed in Part A of Fourth Schedule supplied in the aviation and maritime transport modes shall be considered to be one point two (1.2) times their energy content and the share of renewable fuels of non-biological origin supplied in the aviation and maritime transport modes shall be considered to be one point five (1.5) times their energy content;

(f) in order to determine the amount of energy supplied to the transport sector, the values regarding the energy content of transport fuels established in the Third Schedule shall be used;

(g) in order to determine the energy content of transport fuels not included in Third Schedule, the relevant European standards for the determination of the calorific values of fuels, or, where no European standard has been adopted for such purpose, the relevant ISO standards shall be used;

(h) the amount of renewable electricity supplied to the transport sector shall be determined by multiplying the amount of electricity supplied to such sector by the average share of renewable electricity supplied in Malta in the two (2) previous years, unless electricity is obtained from a direct connection to an installation generating renewable electricity which is supplied to the transport sector, in which case that electricity shall be fully counted as renewable, and electricity generated by a solar-electric vehicle and used for the consumption of the vehicle itself may be fully counted as renewable.

(2) For the purpose of the calculations referred to in sub-regulation (1), until the 31st December 2030 the amount of energy supplied to the maritime transport sector shall, as a proportion of gross final consumption of energy, be considered to be not more than five percent (5%).

(3) Where electricity is used for the production of renewable 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 (2) years before the year in question shall, without prejudice to sub-regulations (4) and

(5) be used to determine the share of renewable energy.

(4) Electricity obtained from a direct connection to an installation generating renewable electricity may be fully counted as renewable where it is used for the production of renewable 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 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.

(5) Electricity that has been taken from the grid may be fully counted as 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 counted only once and only in one (1) end-use sector.

(6) The greenhouse gas intensity reduction from the use of renewable energy resulting from compliance with the minimum shares referred to in regulation 14(2) shall be determined by dividing the greenhouse gas emissions savings from the use of biofuels, biogas, renewable fuels of non-biological origin and renewable electricity supplied to all transport modes by the baseline:

Provided that recycled carbon fuels may also be taken into consideration.

(7) The greenhouse gas emissions savings referred to in sub-regulation (6) shall be calculated as follows:

(a) for biofuel and biogas, by multiplying the amount of those fuels supplied to all transport modes by their greenhouse gas emissions savings determined in accordance with regulation 6 of the Biofuels, Bioliquids and Biomass Fuels

(Sustainability Criteria) Regulations;

(b) for renewable fuels of non-biological origin and recycled carbon fuels, by multiplying the amount of those fuels that is supplied to all transport modes by their greenhouse gas emissions savings determined in accordance with delegated acts adopted pursuant to Article 29a(3) of the Directive;

(c) for renewable electricity, by multiplying the amount of renewable electricity that is supplied to all transport modes by the fossil fuel comparator ECF(e) established in the Fifth Schedule. SOURCES

(8) The baseline referred to in sub-regulation (6) shall be calculated as follows:

(a) until the 31st of December 2030, by multiplying the amount of energy supplied to the transport sector by the fossil fuel comparator EF(t) established in the Fifth Schedule;

(b) from the 1st of January 2031, the baseline shall be the sum of:

(i) the amount of fuels supplied to all transport modes multiplied by the fossil fuel comparator EF(t) established in the Fifth Schedule; and

(ii) the amount of electricity supplied to all transport modes multiplied by the fossil fuel comparator ECF(e) established in the Fifth Schedule.

(9) The relevant amounts of energy supplied to the transport sector for the purposes of the calculation referred to in sub-regulation

(6) shall be determined in accordance with paragraphs (f), (g) and (h) of sub-regulation (1).