S.L. 545.44 Art. 6Determination and granting of guarantees of origin. 5 6 [S.L.

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

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

(a) an application is received in accordance with regulation 5; and

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

(c) where it is satisfied that the energy in respect of which 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 in respect of the electricity or energy referred to in the application.

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

Provided that where appropriate, in the case of guarantees of origin issued in respect of the production of energy from renewable sources, the standard size may be divided to a fraction size which shall be a multiple of one watt hour (1Wh).

(6) A guarantee of origin:

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

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

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

(7) Where a guarantee of origin has been issued in terms of these regulations and has not at any time been revoked, the Regulator shall not issue another guarantee of origin with respect to the same electricity or energy for which the guarantee of origin has already been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) Guarantees of origin issued by the Regulator shall be issued, transferred and cancelled electronically, and shall be accurate, reliable and fraud-resistant in compliance with the standard CEN-EN 16325.

(10) The Regulator shall recognise guarantees of origin issued by competent authorities of other Member States exclusively as proof of the elements referred to in sub-regulation (1) and sub-regulation (6) of regulation 11 with particular reference to the Second Schedule, provided that such guarantees of origin are issued in accordance with the laws of those Member States which are in conformity with the relevant European Union legislation. Any refusal by the Regulator to recognise a guarantee of origin shall be based on well-founded doubts about its accuracy, reliability or veracity or for reasons relating to the prevention of fraud and shall be based on objective, transparent and non-discriminatory criteria which shall be notified to the Commission together with reasoned grounds for such decision.

(11) The Regulator shall not recognise guarantees of origin HIGH-EFFICIENCY COGENERATION AND OF ENERGY 545.44 FROM RENEWABLE ENERGY SOURCES

issued by a third country except where the European Union has concluded an agreement with such third country on mutual recognition of guarantees of origin issued in the Union and compatible guarantees of origin systems established in such third country, and only where there is direct import or export of energy.