S.L. 643.1 Art. 3Greenhouse gas emission reductions.

(1) The Authority shall designate any supplier responsible for monitoring and reporting life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied. In the case of providers of electricity for use in road vehicles, such providers may choose to become a contributor to the reduction obligation laid down in sub-regulation (3) if they can demonstrate that they can adequately measure and monitor electricity supplied for use in those vehicles.

In the case of suppliers of biofuels for use in aviation, such suppliers may choose to become contributors to the reduction obligation laid down in sub-regulation (3) provided that those biofuels comply with the sustainability criteria set out in regulation 3 of the Biofuels, Bioliquids and Biomass Fuels (Sustainability Criteria) Regulations.

(2) Suppliers shall report to the Authority on the greenhouse gas intensity of fuel and energy supplied by providing, as a minimum, the following information:

(a) the total volume of each type of fuel or energy supplied, indicating where purchased and its origin;

(b) the life cycle greenhouse gas emissions per unit of energy;

(c) on the biofuel production pathways;

(d) volumes of biofuels derived from the feedstocks as categorised in Part A of the Fourth Schedule; and

(e) the life cycle greenhouse gas emissions per unit of energy, including the provisional mean values of the estimated indirect land-use change emissions from biofuels: Provided that:

(a) suppliers shall report data using the definitions and the calculation method set out in the First Schedule:

(b) the data shall be reported annually using the template set out in the Third Schedule;

(c) such report shall:

(i) be submitted annually by the end of March of each year in respect of the previous calendar year;

(ii) shall be in accordance to any guidelines that the Authority may establish or adopt;

(iii) shall be subject to verification; and

(d) for suppliers that are SMEs, the simplified method set out in the First Schedule shall apply.

(3) Suppliers shall reduce as gradually as possible life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied by up to 10% by the 31st December 2020, compared with the fuel baseline standard specified by the Authority based on the life cycle greenhouse gas emissions per unit of energy from fossil fuels. Such reduction shall consist of:

(a) 6% by the 31st December 2020; st

(b) an indicative additional target of 2% by the 31 December 2020, to be achieved through one or both of the following methods:

(i) the supply of energy for transport supplied for use in any type of road vehicle, non-road mobile machinery, agricultural or forestry tractor or recreational craft;

(ii) the use of any technology (including carbon capture and storage) capable of reducing life cycle greenhouse gas emissions per unit of energy from fuel or energy supplied: Provided that such indicative additional target may be subject to adjustments in order to assess possible contributions for reaching a greenhouse gas reduction target of up to 10% by 2020;

(c) an indicative additional target of 2% by the 31st December 2020 to be achieved through the use of credits purchased through the Clean Development Mechanism of the Kyoto Protocol under the conditions set out in Directive 2003/87/EC, for reductions in the fuel supply sector: Provided that additional measures may be introduced by the Authority to allow suppliers to reduce by 2% life cycle greenhouse gas emissions per unit of energy, in comparison with a fuel baseline standard based on the life cycle greenhouse gas emissions per unit of energy from fossil fuels, through the use of credits purchased through the Clean Development Mechanism of the Kyoto Protocol under the conditions set out in Directive 2003/87/EC. For the purposes of this sub-regulation, suppliers shall use the calculation method set out in the First Schedule to determine the greenhouse gas intensity of the fuels they supply. For the purposes of this sub-regulation, suppliers shall report data using the definitions and the calculation method set out in the First Schedule. The data shall be reported annually using the template set out in the Third Schedule. For the purposes of verifying compliance by suppliers with their obligation under this sub-regulation, suppliers shall compare their achieved reductions of life cycle greenhouse gas emissions from fuels and from electricity to the fuel baseline standard set out in the Second Schedule.

(4) Life cycle greenhouse gas emissions from biofuels shall be calculated in accordance with the provisions of the Biofuels (Sustainability Criteria) Regulations. Life cycle greenhouse gas emissions from biofuels shall be calculated in accordance with the provisions of the Biofuels, Bioliquids and Biomass Fuels (Sustainability Criteria) Regulations.

(5) A group of suppliers may choose to meet the reduction obligations pursuant to sub-regulation (3) jointly. In such case they shall be considered as a single supplier for the purposes of sub-regulation (3).

For the purposes of this sub-regulation, a group of suppliers choosing to be considered as a single supplier shall meet its obligation under sub-regulation (3) within the Maltese territory.

(6) The Authority may provide that the maximum contribution of biofuels produced from cereal and other starch-rich crops, sugars and oil crops and from crops grown as main crops primarily for energy purposes on agricultural land for the purpose of compliance with the target referred to in sub-regulation (3) shall not exceed the maximum contribution established in point (d) of the second sub-paragraph of Article 3(4) of Directive 2009/28/EC.