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L.N. 336 of 2021
REGULATOR FOR ENERGY AND WATER SERVICES ACT
(CAP. 545)
Petroleum for the Inland (Wholesale) Fuel Market, Bottling of 
LPG and Primary Storage Facilities (Amendment) Regulations, 
2021
IN EXERCISE of the powers conferred by article 37 of the
Regulator for Energy and Water Se rvices Act, the Minister for E nergy,
Enterprise and Sustainable Development, after consultation with  t h e
Regulator for Energy and Water Services, has made the following
regulations:-
Citation.
S.L. 545. 17. 1. The title of these regulations is the Petroleum for the Inland
(Wholesale) Fuel Market, Bottling of LPG and Primary Storage
Facilities (Amendmen t) Regulations, 2021 and these regulations shall
be read and construed as one with the Petroleum for the Inland(Wholesale) Fuel Market, Bottling of LPG and Primary StorageFacilities Regulations, hereinafter referred to as "the princip al
regulations".
Amends 
regulation 2 of the principal 
regulations.2. Regulation 2 of the principal r egulations shall be amended
as follows:
(a) immediately after the defi nition "the Act" there shall
be added the following new definition:
" "advanced biofuel" means biofuels that are
produced from the feedstock listed in Part One of the
Eighth Schedule;"; 
(b) immediately after the definition "final consumer"
there shall be added the following new definition:
" "food and feed crop" means starch-rich crops,
sugar crops or oil crops produced on agricultural land as a
main crop excluding residues, waste or lingo-cellulosicmaterial and intermediate cr ops, such as catch crops and
cover crops, provided that the use of such intermediatecrops does not trigger demand for additional land; ";
(c) immediately after the de finition "inspector" there
shall be added the following new definition:
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" "ligno-cellulosic material" means material
composed of lignin, cellulose and hemicellulose, such as
biomass sourced from fores ts, woody energy crops and
forest-based industries' residues and wastes;";
(d) the definitions "MSA EN 228" and "MSA EN 590"
shall be deleted; and
(e) immediately after the definition "service provider"
there shall be added the following new definitions:
" "SM EN 228 petrol" means fuel which is compliant
with the requirements and test methods approved and
endorsed by the Malta Competi tion and Consumer Affairs
Authority in relation to the quality of unleaded petrol for
automotive use; 
 "SM EN 590 diesel" means fuel which is compliant
with the requirements and test methods approved andendorsed by the Malta Competi tion and Consumer Affairs
Authority in relation to the qua lity of diesel for automotive
use; 
"SM EN 14214" means the requirements and test
methods specified by the European Committee for
Standardisation in relation to the quality of fatty acid
methyl esters (FAME) for diesel engines for automotive
use;
"SM EN 15376" means the requirements and test
methods specified by the European Committee forStandardisation in relation to ethanol as a blendingcomponent for petrol for automotive use;
"SM EN 15940" means the requirements and test
methods specified by the European Committee forStandardisation in relation to the quality of paraffinic diesel
fuel from synthesis or hydrot reatment for automotive use;
 "starch-rich crops" means crops comprising mainly
cereals, regardless of whether  the grains alone or the whole
plant, such as in the case of green maize, are used; tubers
and root crops, such as pot atoes, Jerusalem artichokes,
sweet potatoes, cassava and ya ms; and corm crops, such as
taro and cocoyam;".
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Substitutes 
regulation 33 of 
the principal regulations.3. Regulation 33 of the principal regulations shall be
substituted by the following new regulation:
"33. (1) An importer shall release for
consumption to the inland fuel market biofuel amounts
which are to be used as fuel in all forms of transportwhich, as a minimum, shall be as provided in the Sixth
Schedule, which amounts shall be calculated in
accordance with the methodology provided in the sameSchedule: 
Provided that, the aforesaid obligation shall be
incumbent only on the importer who releases for
consumption for excise tax purposes the SM EN 228
petrol and SM EN 590 diesel.
(2) The total amount of biofuels to be released
for consumption to the inland market shall becalculated using the energy content as listed in the
Seventh Schedule:
Provided that for the purposes of sub-
regulations (3) and (4) and the calculation of the energy
content of the substituted biofuels, the energy content ofbiofuels produced from the f eedstock listed in Part One
and Part Two of the Eighth Schedule shall beconsidered to be twice its energy content.
(3) The biofuels shall be released for
consumption to the inland market pre-blended with theSM EN 228 petrol and, or SM EN 590 diesel, and may
also be released pre-blende d with fuel supplied to the
aviation and maritime sectors.
 Provided that for the purposes of SM EN 590
diesel, the fatty acid methyl-ester (FAME) shall be in
compliance with SM EN 14214 and the paraffinic diesel
shall be in compliance with SM EN 15940 and that for the
purpose of SM EN 228 petrol, the bioethanol shall be in
compliance with SM EN 15376:
 Provided further that the supplier shall be
responsible to ensure that the quality of biofuel added to
fuel used for marine and aviation purposes shall be inaccordance with internationa l and commercial standards,
applicable thereto.
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Substitutes the 
Sixth Schedule 
to the principal regulations.4. The Sixth Schedule to the principal regulations shall be
substituted by the following new Schedule:(4) Where biofuels are released pre-blended with
fuel supplied to the aviation and maritime sectors, for the
purposes of this re gulation and the calculation of the
biofuel amounts as provided for in the Sixth Schedule,fuel supplied to the maritime sector shall be considered tobe limited to fuel supplied directly by the importer to
vessels engaged in inland and domestic navigation andfuel supplied to the aviation se ctor shall be considered to
be that fuel which is supplied in Malta directly by the
importer to aircraft for aviation purposes:
S.L. 545. 25.Provided that, fuel supplied to the maritime
sector shall only be valid for the calculation of the biofuel
amounts as provided for in the  Sixth Schedule only when
the importer is also the holde r of a valid authorisation
issued under the Bunkering (Authorisation) Regulations.
S.L. 545. 28.(5) The importer referred` to in sub-regulation
(1) shall ensure that the minimum biofuel amountsreleased for consumption to the inland market, as
provided for in the Sixth S chedule, are in compliance
with the sustainability criteria set out in regulation 3 of
the Biofuels (Sustainability Criteria) Regulations, and
shall ensure these are audite d and verified according to
the provisions of regulation 4 of the same regulations.".
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"SIXTH SCHEDULE
regulation 33(1)
AB CD E1
Minimum 
biofuel content 
expressed as a percentage 
amount (%) to be 
released to the inland market by the importer of SM EN 228 petrol and, or 
SM EN 590 
diesel calculated in accordance with the methodology in this ScheduleMinimum 
advanced biofuel content expressed as a percentage 
amount (%) to be 
released to the inland market by the importer of SM EN 228 petrol and, or SM EN 590 
diesel calculated in 
accordance with the methodology in this ScheduleMAXIMUM 
(%) share of
 
biofuels and 
bioliquids, 
where 
produced 
from food 
and feed 
crops, 
expressed as 
a percentage 
amount (%) to be released 
to the inland 
market by the importer of SM EN 228 petrol and, or SM EN 590 
diesel 
calculated in accordance with the methodology in this 
Schedule MAXIMUM 
(%) share of 
high indirect 
land- use 
change-risk 
biofuels, 
bioliquids or 
biomass fuels produced 
from food and 
feed crops for 
which a 
significant 
expansion of 
the production 
area into land 
with high-carbon stock 
is observed, 
e
xpressed as a 
percentage 
amount (%) to 
be released to 
the inland market by the importer of SM EN 228 petrol and, or SM EN 
590 diesel 
calculated in accordance with the methodology in this 
Schedule 
2021 10.5% 0.1%% share released in 2020 + 1% up 
to a maximum of 7%Equal to or less 
than share of 
such fuels released in 2019.
2022 11.0% 0.2%% share released in 2020 + 1% up to a maximum of 7%Equal to or less than share of such fuels released in 2019.
2023 11.0% 0.2%% share released in 2020 + 1% up 
to a maximum of 
7%Equal to or less than share of 
such fuels 
released in 2019.
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Calculation method
The minimum amounts of biofuel expressed as a percentage
amount (%) which shall be released for consumption in the inland
market pre-blended with the SM EN 228 petrol and, or SM EN 590
diesel, or pre-blended with fuel supplied to the aviation and m aritime
sectors, and calculated by the energy content shall be: 
Where:
Energybio = (a) + (b) + 1.2(c)
And 
Energybioroad  = (a) where:
(a) Shall be the energy content contribution of biofuels
supplied to the road transport sector;
(b) Shall be the energy content contribution of biofuels2024 11.5% 0.5%% share released 
in 2020 + 1% up to a maximum of 7%0%
2025 12.0% 1.0%% share released in 2020 + 1% up to a maximum of 7%0%
2026 12.5% 1.5%% share released in 2020 + 1% up to a maximum of 
7%0%
2027 13.0% 2.0%% share released in 2020 + 1% up 
to a maximum of 7%0%
2028 13.0% 2.5%% share released in 2020 + 1% up to a maximum of 7%0%
2029 13.5% 3.0%% share released in 2020 + 1% up to a maximum of 
7%0%
2030 14.0% 3.5%% share released in 2020 + 1% up 
to a maximum of 7%0%
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from food and feed crops supplied to the aviation and maritime
sectors; and
(c) Shall be the energy content contribution of biofuels
not from food and feed crops supplied to the aviation and
maritime sectors;
And where:
(*)  The energy contribution arising from feedstocks listed in
Part One and Part Two of the Eighth Schedule shall be considere d to
be twice the energy content of said feedstocks.
(+) Only energy content of SM EN 228 petrol and SM EN 590
diesel used in road transport shall be counted. 
The share of energy in fuel released in the inland market by th e
importer of SM EN 228 petrol and, or SM EN 590 diesel which sha ll
be met with biofuels produced from feedstocks listed in Part On e of
the Eighth Schedule shall be the  number of percentage points in dicated
in Column C and shall be c alculated as follows:
Where:
Energyadvanced shall be the energy content of biofuels produced
from feedstocks listed in Part One of the Eighth Schedule supplied to
the road transport, avi ation and maritime sectors;
Energybioroad  shall be the energy content of biofuels supplied to
the road transport sector;
and where:
 (+) Only energy content of SM EN 228 petrol and SM EN 590
diesel used in road transport shall be counted.
1 This cap shall not apply to fuels types which are identified as
being high indirect land-use change-risk biofuels, bioliquids or
biomass fuels produced from food and feed crops for which a
significant expansion of the production area into land with high-carbon
stock is observed, in line with Commission Delegated Regulation (EU)2019/807, but which are certified to  be low indirect land-use change-
risk biofuels, bioliquids or biomass fuels in line with the provisions ofthe same regulation.".
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Substitutes the 
Seventh 
Schedule to the principal 
regulations.5. The Seventh Schedule to the principal regulations shall be
substituted by the fol lowing new Schedule:
"SEVENTH SCHEDULE
regulation 33(2)
Fuel Energy 
content by 
weight (lower 
calorific 
value, MJ/kg)Energy 
content by 
volume 
(lower 
calorific 
value, MJ/l)
FUELS FROM BIOMASS AND/OR BIOMASS PROCESSING 
OPERATIONS
Bio-Propane 46 24
Pure vegetable oil (oil
produced from oil plants
through pressing, extraction orcomparable procedures, crudeor refined but chemicallyunmodified)37 34
Biodiesel - fatty acid
methyl ester (methyl-esterproduced from oil of biomassorigin)37 33
Biodiesel - fatty acid
ethyl ester (ethyl-ester
produced from oil of biomass
origin)38 34
Biogas that can be
purified to natur al gas quality50 —
Hydrotreated
(thermochemically treated with
hydrogen) oil of biomass
origin, to be used forreplacement of diesel44 34
Hydrotreated
(thermochemically treated withhydrogen) oil of biomass
origin, to be used for
replacement of petrol45 30
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Hydrotreated
(thermochemicall y treated with
hydrogen) oil of biomass
origin, to be used forreplacement of jet fuel44 34
Hydrotreated oil
(thermochemicall y treated with
hydrogen) of biomass origin, tobe used for replacement ofliquefied petroleum gas46 24
Co-processed oil
(processed in a refinery
simultaneously with fossil fuel)
of biomass or pyrolysedbiomass origin to be used forreplacement of diesel43 36
Co-processed oil
(processed in a refinery
simultaneously with fossil fuel)
of biomass or pyrolysedbiomass origin, to be used toreplace petrol44 32
Co-processed oil
(processed in a refinery
simultaneously with fossil fuel)
of biomass or pyrolysedbiomass origin, to be used toreplace jet fuel43 33
Co-processed oil
(processed in a refinery
simultaneously with fossil fuel)
of biomass or pyrolysedbiomass origin, to be used toreplace liquefied petroleum gas46 23
RENEWABLE FUELS THAT CAN BE PRODUCED FROM VARIOUS 
RENEWABLE SOURCES, INCLUDING BIOMASS
Methanol from
renewable sources20 16
Ethanol from renewable
sources27 21
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Propanol from
renewable sources31 25
Butanol from renewable
sources33 27
Fischer-Tropsch diesel
(a synthetic hydrocarbon or
mixture of synthetic
hydrocarbons to be used for
replacement of diesel)44 34
Fischer-Tropsch petrol
(a synthetic hydrocarbon ormixture of synthetic
hydrocarbons produced from
biomass, to be used forreplacement of petrol)44 33
Fischer-Tropsch jet fuel
(a synthetic hydrocarbon ormixture of synthetic
hydrocarbons produced from
biomass, to be used forreplacement of jet fuel)44 33
Fischer-Tropsch
l i q u e f i e d  p e t r o l e u m  g a s  ( asynthetic hydrocarbon or
mixture of synthetic
hydrocarbons, to be used forreplacement of liquefiedpetroleum gas46 24
DME (dimethylether) 28 19
Hydrogen from
renewable sources120 —
ETBE (ethyl-tertio-
butyl-ether produced on thebasis of ethanol)36 (of
which 37% from
renewable
sources)27 (of
which 37% from
renewablesources)
MTBE (methyl-tertio-
butyl-ether produced on thebasis of methanol)35 (of
which 22% fromrenewablesources)26 (of
which 22% fromrenewablesources)
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".
Adds new 
Schedule to the 
principal 
regulations.6. Immediately after the Sevent h Schedule to the principal
regulations there shall be added the following new Schedule:
"EIGHTH SCHEDULE
regulation 33(3)
Part One - Feedstocks for the production of biogas for
transport and advanced biofuels, the contribution of which
towards the minimum shares referred to in regulation 33 may beconsidered to be twice their energy content: 
(a) Algae if cultivated on land in ponds or
photobioreactors; 
(b) Biomass fraction of mixed municipal waste, but not
separated household waste subject to recycling targets underparagraph (a) of item 12 of Sche dule 5 of the Waste Regulations ; 
(c) Biowaste as defined in regulation (4) of the Waste
Regulations from private households subject to separateTAEE (tertiary-amyl-
ethyl-ether produced on the
basis of ethanol)38 (of
which 29% fromrenewablesources)29 (of
which 29% fromrenewablesources)
TAME (tertiary-amyl-
methyl-ether produced on thebasis of methanol)36 (of
which 18% fromrenewable
sources)28 (of
which 18% from
renewable
sources)
THxEE (tertiary-hexyl-
ethyl-ether produced on the
basis of ethanol)38 (of
which 25% fromrenewablesources)30 (of
which 25% fromrenewablesources)
THxME (tertiary-hexyl-
methyl-ether produced on thebasis of methanol)38 of
which 14% fromrenewablesources)30 (of
which 14% fromrenewablesources)
FOSSIL FUELS
Petrol 43 32
Diesel 43 36
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collection as defined in regulation 4 of the aforesaid regulations; 
(d) Biomass fraction of industrial waste not fit for use in
the food or feed chain, includi ng material from retail and
wholesale and the agro-food and fish and aquaculture industry,
and excluding feedstocks listed in Part Two of this Schedule; 
(e) Straw; 
(f) Animal manure and sewage sludge; 
(g) Palm oil mill effluent and empty palm fruit bunches; 
(h) Tall oil pitch; (i) Crude glycerine; 
(j) Bagasse; (k) Grape marcs and wine lees; 
(l) Nut shells; 
(m) Husks; (n) Cobs cleaned of kernels of corn; 
(o) Biomass fraction of wastes and residues from forestry
and forest-based industries, n amely, bark, branches, pre-
commercial thinning, leaves, needles, tree tops, saw dust, cutt er
shavings, black liquor, brown liquor, fibre sludge, lignin and tall
oil; 
(p) Other non-food cellulosic material; (q) Other ligno-cellulosic material except saw logs and
veneer logs. 
P a r t  T w o  -  F e e d s t o c k s  f o r  t h e  p r o d u c t i o n  o f  b i o f u e l s  a n d
biogas for transport, the contribution of which towards the
minimum share established in reg ulation 33 may be considered to
be twice their energy content: 
(a) Used cooking oil; 
(b) Animal fats classified as categories 1 and 2 in
accordance with Regulation (EC) No 1069/2009.".
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Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbugħ fl-Istamperija tal-Gvern fuq karta FSC — Printed at the Government Printing Press on FSC certified paper
Prezz /Price
€1.17
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