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L.N. 504 of 2021
REGULATOR FOR ENERGY AND WATER SERVICES ACT 
(CAP. 545)
Guarantees of Origin of Electricity from High-Efficiency 
Cogeneration and of Energy from Renewable Energy Sources 
Regulations, 2021
IN EXERCISE of the powers conferred by article 37(1) 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 and 
scope.1. (1) The title of these regulations is the Guarantees of
Origin of Electricity from Hi gh-Efficiency Cogeneration and of
Energy from Renewable Energy Sources Regulations, 2021.
(2) The scope of these regul ations is to establish a
regulatory framework for the issu ing of guarantees of origin fo r
electricity produced from high-efficiency cogeneration and, or
energy produced from renewable energy sources and, for the
purposes of providing to final cons umers the share or quantity of
energy from renewable sources in an energy supplier’s energy mi x
and in the energy supplied to consumers under contracts markete d
with reference to the consumption of energy from renewablesources, and to ensure that the  origin of energy produced from
renewable energy sources can be guaranteed in accordance withobjective, transparent and non-discriminatory criteria. Theseregulations transpose Article 19 of Directive (EU) 2018/2001 of  the
European Parliament and of the  Council of 11 December 2018 on t he
promotion of the use of energy fro m renewable s ources (recast).
Interpretation .
Cap. 545.
S.L. 545. 33. 
L.N. 503 of 
2021.2. (1) Unless otherwise required under these regulations,
the definitions prescribed under the Regulator for Energy and W ater
Services Act, the Energy Efficien cy Regulations, and the Promotion of
Energy from Renewable Sources Regulations, 2021 shall apply.
(2) For the purposes of these regulations, and unless the
context otherwise requires:
Cap. 545. "Act" means the Regulator for Energy and Water Services
Act;
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L.N. 505 of 
2021."energy producer" shall have t he same meaning as assigned
to it in the Biofuels,Bioliquids  and Biomass Fuels (Sustainabil ity
Criteria) Regulations, 2021;
L.N. 505 of 2021."energy supplier" shall have the same meaning as that
assigned to it  in the Biofuels ,Bioliquids and Biomass Fuels
(Sustainability Criteria) Regulations, 2021;
"final customer" means a natural or legal person who
purchases energy for own use; 
"guarantee of origin" means an electronic document issued
by the Regulator which has the sole function of providing
evidence to a final customer tha t a given share or quantity of
electricity was produced from high-efficiency cogeneration or
that a given share or quantity of energy was produced from
renewable energy sources;
"guarantee of origin holder" means the person in favour of
whom the guarantee of origin is issued or the person to whom itis transferred;
"Minister" means the Minis ter responsible for energy;
"Regulator" means the Regul ator for Energy and Water
Services as established by article 3 of the Act;
"residual energy mix" means the total annual energy mix
for Malta, excluding the share covered by cancelled guaranteesof origin;
"statement of entitlement" means a statement made to the
Regulator in respect of the electricity, or energy which is thesubject of the appli cation for the issue of a guarantee of orig in;
"third party" means any natura l or legal person, in favour of
whom a guarantee of origin has been transferred by theguarantee of origin holder, issued to the latter in relation to
electricity produced from high-ef ficiency cogeneration and, or to
energy from renewable energy sources according to these
regulations, and in terms of whic h  s u c h  t h i r d  p a r t y  i s  a b l e  t o
fulfil his obligations as regards production and, or supply ofelectricity produced from high-ef ficiency cogeneration or that
produced from renewa ble energy sources.
Powers of the 
Regulator.3. (1) The Regulator shall issue guarantees of origin to
producers of electricity from high-efficiency cogeneration and,  or to
producers of energy from renewab le energy sources, upon complia nce
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with the requirements  of these regulations:
Provided that where electricity is generated from high-
efficiency cogeneration using renewable sources, only one guara ntee
of origin specifying both characteristics may be issued. 
(2) The Regulator shall supervise the issuance, transfer and
cancellation of guarantees of origin. 
( 3 ) T h e  R e g u l a t o r  s h a l l  h a v e non-overlapping geographical
responsibilities, and shall be independent of production, trade  a n d
supply activities.
Validity of 
applications.4. (1) An application fo r the issuing of a guarantee of origin
shall cover a period of at least four (4) months.
(2) No application may be mad e with the Regulator for the
issuing of a guarantee of origin  in respect of electricity or e nergy
generated outside Malta.
(3) An application for the issui ng of a guarantee of origin shal l
not be considered valid unless the Regulator is provided with:
(a) all the information lis ted in the First Schedule;
(b) a statement of entitlement submitted by the applicant;
and
(c) payment of the application fee for the issuing of the
guarantee of origin to be made pa yable to the Regulator in term s
of regulation 10.
(4) A statement of entitlement  shall include the following:
(a) a declaration that the producer of electricity or energy
is entitled to the issuing of a guarantee of origin; and
(b) a declaration that such person has never submitted
and does not intend to submit a request for the issuing of a
guarantee of origin to any other person or authority outsideMalta with respect to the electricity or energy which is the
subject of the application.
Determination 
and granting of 
guarantees of 
origin.5. (1) The Regulator shall acknowledge in writing, to the
applicant, by means of a recei pt issued in respect of a valid a pplication
within fifteen (15) days from the date of the receipt of such
application. 
(2) The Regulator shall issue a guarantee of origin in respect o f
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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 ma de is duly produced from high-
efficiency cogeneration; or
(c) where it is satisfied that the energy about which the
application is being made is duly produced from renewableenergy sources.
(3) A guarantee of origin shall be issued to the person
submitting the application or to such other person as may be indicatedin 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 th e
application refers to.
(5) A guarantee of origin issued in relation to electricity
produced from high-efficiency cogeneration and, or energy produ ced
from renewable energy sources sh all be issued with respect to e ach
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 an d appropriate to include;
Provided that simplified info rmation may be specified on
guarantees of origin from install a t i o n s  o f  l e s s  t h a n  f i f t y  k i l o watts
(50kW).
(7) Where a guarantee of origin has been issued in terms of
these regulations and has not at any time been revoked, the Reg ulator
shall not issue another guarantee  of origin with respect to the  s a m e
electricity or energy for which the guarantee of origin has alr eady been
issued.
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( 8 ) T h e  R e g u l a t o r  m a y  s e t  a  m i n i m u m  c a p a c i t y  l i m i t  w h e n
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, transferre d 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 recogni se guarantees of origin issued
by competent authorities in other  Member States exclusively as proof
o f  t h e  e l e m e n t s  r e f e r r e d  t o  i n  s ub-regulation (2) of regulation  1  a n d
sub-regulation (6) with particular reference to the Second Sche dule,
provided that such guarantees of origin are issued in accordanc e with
laws within those Member States which are in conformity with th e
relevant European Union legisla tion. The Regulator may refuse t o
recognise a guarantee of origin only when it has well-founded d oubts
about its accuracy, reliability or veracity or for reasons rela ting to the
prevention of fraud and such refusal must be based on objective ,
transparent and non-discriminatory criteria. The Regulator shal l notify
the Commission of such a refusa l and shall give reasoned ground s 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 count ry on mutual recognition of guar antees
of origin issued in the Union and compatible guarantees of orig in
systems established in that third country, and only where there  is direct
import or export of energy.
Applications for 
replacement of guarantees of 
origin.6. (1) A holder of a guarantee of origin may request the
Regulator by means of an applicat ion submitted to the Regulator  t o
replace the guarantee of origin if:
(a) the holder of the of the guarantee of origin believes
that the guarantee of origin contai ns inaccurate information; and
(b) the application is made in writing to the Regulator
within twenty-one (21) days from the date of issue of the
guarantee of origin.
(2) An application for the replacement of a guarantee of origin
shall contain the following information:
(a) statement of the particular s of the guarantee of origin
that the holder believes are inaccurate; and
(b) provision of all necessary information in support of
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that request.
(3) The Regulator shall within forty (40) working days from
the date of the receipt of the a pplication, decide whether a re placement
or otherwise shall take place with regard to the guarantee of o rigin,
taking into consideration the information submitted to it in this regard,
and in doing so the Regulator shall give reasons for its decisi ons:
Provided that the Regulator may where it deems it
necessary, revoke the guarantee of origin in terms of regulatio n 8:
Provided further that in either case mentioned in sub-
regulation (3), failure on the part of the Regulator to give re asons for
decisions shall not mean, in any manner whatsoever, that areplacement of the e xisting guarantee of o rigin or the issuing of a new
guarantee of origin has been tacitly granted by the Regulator.
(4) The Regulator may extend the forty (40) working day
period referred to in sub-regulation (3) for a further period o f forty
(40) working days and in doing so the Regulator shall inform th e
applicant in writing of such extended period.
(5) If the Regulator decides to issue a replacement for the
guarantee of origin it shall do so as soon as possible. The Reg ulator
shall inform the holder as soon as possible by means of a writt en
notice if it decides not to replace the guarantee of origin.
Applications for 
the transfer of 
guarantees of origin.7. (1) If a guarantee of origin holder no longer operates the
plant to which such guarantee relates, such holder may request the
Regulator to transfer the guarant ee of origin to the person who
operates that plant by mean s of an application.
(2) An application for the transfer of a guarantee of origin sha ll
be valid if it contains the following:
(a) the details of the guarantee of origin in terms of
which an application for tra nsfer is being made; and
(b) the details of the existing holder of the guarantee of
origin and of the person in favour of whom the application for
transfer of the guarantee of origin is being made; and
(c) satisfactory evidence of the matters referred to in sub-
regulation (1):
Provided that such application shall be accompanied by the
application fee applicable for t he transfer of the guarantee of  origin.
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(3) The Regulator shall upon the receipt of a valid application
for the transfer of a guarantee of origin, amend the register r eferred to
in regulation 9.
Revocation of 
guarantees of 
origin.8. (1) The Regulator shall revoke a guarantee of origin
where:
(a) it decides that the guarantee of origin is inaccurate;
(b) it is satisfied that the information provided under
regulation 4 is incorrect in a material particular; and, or
(c) it is otherwise satisfied that the guarantee of origin
should not have been issued, is inaccurate, or was issued to th e
wrong person.
(2) Where the Regulator revokes  a guarantee of origin, it shall
as soon as it is reasonably practicable, inform the holder of the existing
guarantee of origin in writing of such revocation.
(3) A guarantee of origin wh ich has been revoked by the
Regulator under paragraph (a) of  sub-regulation (1) shall be tr eated as
if it has never been issued and for the purpose of paragraphs ( b) and (c)
of sub-regulation (1), it shall cease to have effect from the d ate when
the information referred to in sub-regulation (2) is given by t he
Regulator.
Keeping of 
registers.9. (1) The Regulator shall maint ain a register, which may be
in electronic format, and which shall contain the following:
(a) details of the application received for the issuing of
the guarantee of origin and also details of the guarantee of or igin
issued by the Regulator, including the date when such guarantee
of origin was issued;
(b) details of the guarantee of origin holder including
details of transfers of the  guarantee of origin, if any;
(c) the energy source or  sources from which the
electricity or energy is being produced and to which theguarantee of origin relates;
(d) the place whereby the electricity or energy to which
the guarantee of origin relates was produced; and
(e) a list of those guarantees of origin which have been
revoked in terms of regulation 8 including the date when such
have been revoked.
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(2) The Regulator shall, when issuing guarantees of origin,
allocate a unique reference number to each.
(3) The register shall be conclusive as regards whether a
guarantee of origin subsists and as to the person who is the re gistered
holder thereof.
Application 
fees.10. (1) A non-refundable fee as established in the Third
Schedule shall be payable to the Regulator by the applicant together
with his application for the is suing, replacement or transfer of a
guarantee of origin.
(2) The Regulator shall not be required to process an
application for the issuing, re placement or transfer of a guara ntee of
origin unless the application fee which applies in this regard is paid.
Use and 
cancellation of 
guarantee of origin.11. (1) For the purposes of demons trating to final customers
the share or quantity of energy from renewable sources in an en ergy
supplier’s energy mix and in the energy supplied to consumers u nder
contracts marketed with referenc e to the consumption of energy from
renewable sources, a guarantee of origin shall be valid for twe lve (12)
months after the production of the relevant energy unit. 
(2) All guarantees of origin issued in terms of these regulation s
for energy from renewable energy sources that have not been
cancelled, expire at the latest eighteen (18) months after the production
of the energy unit. 
(3) Expired guarantees of origin for energy from renewable
energy sources shall be included by the Regulator in the calcul ation of
Malta’s residual energy mix. 
S.L. 545. 34.(4) Where an electricity supplier is required to demonstrate the
share or quantity of energy from renewable sources in its energ y mix
for the purposes of item 5 of the First Schedule to the Electri city
Regulations, it shall do so by usin g guarantees of origin, exce pt:
(a) as regards the share of its energy mix corresponding
to non-tracked commercial offers , if any, for which the supplie r
may use the residual mix; or
(b) where no guarantee of origin is issued by the
Regulator as provided in regulation 12.
(5) In making their disclosures regarding their energy mix,
suppliers may also make use of guarantees of origin to demonstr ate the
quantity of electricity produced f rom high-efficiency cogenerat ion.
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(6) Suppliers shall use the information contained in guarantees
of origin to demonstrate complian ce with the requirements of an y
Union-wide green label adopted with a view to promoting the use  of
renewable energy coming from new installations.
(7) For the purposes of disclosure referred to in sub-regulation s
(4) to (6), energy companies shall cancel guarantees of origin at the
latest six (6) months after the end of the validity of the guarantee of
origin. 
Guarantees of 
origin for energy from 
renewable 
energy sources that receive 
financial 
support.12. The Regulator shall not issue  any guarantee of origin to a
producer of energy from renewable energy sources that receives
financial support from a support scheme.
Repeal. 13. The Guarantees of Origin of Electricity from High
Efficiency Cogeneration and Elec tricity, Heating and, or Coolin g from
Renewable Energy Sources Regul ations are hereby repealed.
FIRST SCHEDULE
(regulation 4(3))
Information to be submitted wit h an application for the issuing  of
a guarantee of origin:
1. The name and address, and if a company, the registration
number, of the person requesting the issuing of the guarantee o f origin.
2. Where the person signing a statement of entitlement
required under sub-regulation (4) of regulation 4 is not the sa me
person making the request, the name and address of the person s igning
the statement.
3. Whether or not the person requesting the issuing of a
guarantee of origin is the producer of the electricity or energ y in
respect of which the guarantee of origin is being requested, th e name
and address, and if a company, the registration number of the p roducer.
4. The commencement and termination of the period covered
by the guarantee of origin for which an application is made.
5. The place where the electricity or energy in respect of
which the guarantee of origin is being requested is produced, t he name,
if any, of the type of plant generating and, or producing the e lectricity
or the energy, and the date on which the installation became
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operational.
6. The quantity of electricity or energy in respect of which the
guarantee of origin is being reque sted, together with the total  quantity
of electricity or energy being produced by the plant during the  period
covered by the application.
7. Where electricity in respect o f which an application for the
issuing of a guarantee of origin is being submitted, was produced from
a high-efficiency cogeneration:
(a) the information relating to the plant in relation to the
First and Second Schedules to the Energy Efficiency
Regulations;
(b) the primary source of fuel from which the electricity
was produced;
(c) the heat to power rat io of the plant; and
(d) the amount of useful heat being utilised during the
period for which the applic ation is being submitted.
8. Where energy in respect of which an application for the
issuing of a guarantee of origin is being submitted was produce d from
renewable energy sources:
(a) the energy source from which the energy was
produced; and
(b) the declared net capaciti es of the installation, with
respect to each source of energy from which the energy wasproduced.
9. Such further information as the Regulator may, in particular
circumstances, r easonably require:
(a) for the purpose of ensuring the accuracy of the
information required under items 1 to 8 hereof; or
(b) to enable the Regulator to be satisfied that any
electricity produced is from hi gh-efficiency cogeneration or th at
any energy produced is from renewable energy sources.
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SECOND SCHEDULE
(regulation 5(6))
Information to be containe d in a guarantee of origin:
1. The name and address, and if a company, the registration
number of the person to whom the guarantee of origin has been issued
and whether it relates to elect ricity, gas (including hydrogen) , or
heating or cooling.
2. The date of issue of the guarantee of origin.
3. The reference number given to the guarantee of origin
issued by the Regulator and an indication that the guarantee is  being
issued by the Maltese Regulator for Energy and Water Services.
4. The commencement and the te rmination dates of the period
to which the guarantee of origin relates.
5. The place where the electricity or energy in respect of
which the guarantee of origin b eing requested was produced, the name
of the plant, if any, and the date on which the installation be came
operational.
6. The total quantity of electricity or energy over the period t o
which the guarantee of origin relates.
7. The energy source or sources from which the electricity or
energy was produced.
8. The declared net capacities of the installation with respect
to each source of energy from which the electricity or energy w as
produced.
9. In the case of electricity produced from high-efficiency
cogeneration:
(a) the lower calorific value of the source of fuel from
which the electri city was produced;
(b) the use of the heat generated together with the
electricity produced during the period for which the guarantee of
origin was issued;
(c) the quantity of electricity from high-efficiency
cogeneration calculated in terms  of the First Schedule to the
Energy Efficiency Regulations;
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(d) the primary energy savings calculated in terms of
paragraph (b) of the Second Schedule to the Energy Efficiency
Regulations;
(e) the amount of heat utilise d during the period to which
the guarantee of origin relates;
(f) the quantity of fuel from  w h i c h  t h e  e l e c t r i c i t y  w a s
produced;
(g) the power efficiency achieved;
(h) the achieved overall efficiency;
(i) the total quantity of el ectricity generated over the
period to which the guaran tee of origin refers.
10. In the case of a guarantee of origin issued in respect of
energy produced from installatio ns of renewable energy sources,  a
declaration that the installati on has not benefited  from investment
support and that the unit of energy has not benefited in any ot her way
from a national support scheme.
THIRD SCHEDULE 
(regulation 10)
Application fees payable
1. Application for the issui ng of a guarantee of origin:
The applicable fee for applying for the issuing of a guarantee of
origin is of one hundred and seventy-five euro (€175).
2. Application for the replacement of a guarantee of origin:The applicable fee for applying for the replacement of a
guarantee of origin where the replacement is required owing to a
failure on the part of the applican t is of eighty-five euro (€85).
3. Application for the transfer of a guarantee of origin:
The applicable fee for applying for the transfer of a guarantee  of
origin is of twenty-five euro (€25).
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FOURTH SCHEDULE
Consequential amendments to other legislation
LEGISLATION PROVISION PHRASE THAT 
IS TO BE 
AMENDEDAMENDMENT
Regulator for 
Energy and Water Services Act – 
Cap. 545First Schedule "Guarantees of 
Origin of 
Electricity from 
High Efficiency 
Cogeneration and Renewable 
Energy Sources 
Regulations (S.L. 
545.23)""Guarantees of 
Origin of Electricity from 
High  Efficiency 
Cogeneration and 
of Energy from 
Renewable 
Energy Sources 
Regulations (S.L. 
545.23)"
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