Advanced Search

Environmental Protection (Energy End-Use Efficiency) Act 2009


Published: 2010-04-29

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

ENVIRONMENTAL PROTECTION (ENERGY END-USE

EFFICIENCY) ACT 2009

Principal Act

Act. No. 2009-28 Commencement (LN. 2010/085) 29.4.2010

Assent 15.7.2009

Amending

enactments

Relevant current

provisions

Commencement

date

LN. 2014/090 ss. 1, 2, 3, 4, 5, 6-13, 13B-13I, 14,

Schs. 1, 2, 3, 4, 5, 6, 7-17

5.6.2014

“ ss. 18-20 1.1.2017

English sources:

None cited

EU Legislation/International Agreements involved:

Directive 93/76/EEC

Directive 2004/8/EC

Directive 2006/32/EC

Directive 2009/125/EC

Directive 2010/30/EU

Directive 2012/27/EU

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

ARRANGEMENT OF SECTIONS

Section.

PART I

PRELIMINARY AND INTERPRETATION

1. Title and commencement.

2. Subject matter and scope of the Act.

3. Interpretation.

PART II

ENERGY SAVINGS AND EFFICIENCY TARGETS

4. Repealed

5. Energy end-use efficiency in the public sector.

PART III

EFFICIENCY IN ENERGY USE

6. Building renovation.

7. Exemplary role of public bodies’ buildings.

8. Purchasing by public bodies.

9. Energy efficiency obligation schemes.

10. Energy audits and energy management systems.

11. Metering.

12. Billing information.

13. Cost of access to metering and billing information.

13A. Consumer information and empowering programme.

PART IIIA

EFFICIENCY IN ENERGY SUPPLY

13B. Promotion of efficiency in heating and cooling.

13C. Energy transformation, transmission and distribution.

PART IIIB

HORIZONTAL PROVISIONS

13D. Availability of qualification, accreditation and certification schemes.

13E. Information and training.

13F. Energy services.

13G. Other measures to promote energy efficiency.

13H. Energy Efficiency Fund, Financing and Technical Support.

13I. Conversion factors.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

PART IV

FINAL PROVISIONS

14. Review and monitoring of implementation.

15. Regulations.

16. Offences.

17. Schedules.

SCHEDULE 1

Repealed

SCHEDULE 2

GENERAL PRINCIPLES FOR THE CALCULATION OF ELECTRICITY

FROM COGENERATION

SCHEDULE 3

Repealed

SCHEDULE 4

Repealed

SCHEDULE 5

METHODOLOGY FOR DETERMINING THE EFFICIENCY OF THE

COGENERATION PROCESS

SCHEDULE 6

LIST OF ELIGIBLE ENERGY EFFICIENT PUBLIC PROCUREMENT

MEASURES

SCHEDULE 7

ENERGY CONTENT OF SELECTED FUELS FOR END USE –

CONVERSION TABLE

SCHEDULE 8

Common methods and principles for calculating the impact of energy

efficiency obligations schemes or other policy measures under section 9(1)

to (4) and (16) to (20) and section 13H(2)(c)

SCHEDULE 9

Minimum criteria for energy audits including those carried out as part of

energy management systems

SCHEDULE 10

Minimum requirements for billing and billing information based on actual

consumption

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 11

Potential for efficiency in heating and cooling

SCHEDULE 12

COST-BENEFIT ANALYSIS

SCHEDULE 13

Guarantee of origin for electricity produced from high-efficiency

cogeneration

SCHEDULE 14

Energy efficiency criteria for energy network regulation and for electricity

network tariffs

SCHEDULE 15

ENERGY EFFICIENCY REQUIREMENTS FOR TRANSMISSION

SYSTEM OPERATORS AND DISTRIBUTION SYSTEM OPERATORS

SCHEDULE 16

Minimum items to be included in energy performance contracts with the

public sector or in the associated tender specifications

SCHEDULE 17

GENERAL FRAMEWORK FOR REPORTING

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

AN ACT TO TRANSPOSE INTO THE LAW OF GIBRALTAR Directive

2012/27/EU OF THE EUROPEAN PARLIAMENT AND OF THE

COUNCIL OF 25 OCTOBER 2012 ON ENERGY EFFICIENCY,

AMENDING DIRECTIVES 2009/125/EC AND 2010/30/EU AND

REPEALING DIRECTIVES 2004/8/EC AND 2006/32/EC AS AMENDED.

PART I

PRELIMINARY AND INTERPRETATION

Title and commencement.

1. This Act may be cited as the Environmental Protection (Energy

Efficiency) Act 2009 and comes into operation on such day as the Minister

may provide by notice in the Gazette.

Subject matter and scope of the Act.

2.(1) This Act implements the objectives of the Directive in establishing a

common framework of measures for the promotion of energy efficiency

within the European Union to–

(a) ensure the achievement of the European Union’s 2020 20%

headline target on energy efficiency; and

(b) pave the way for further energy efficiency improvements

beyond that date.

(2) This Act provides for the establishment of indicative energy

efficiency targets for 2020.

(3) The requirements laid down in this Act are minimum requirements

and shall not prevent the competent authority from maintaining or

introducing more stringent measures if such measures are compatible with

European Union law.

(4) The Minister must ensure that any legislative measure that is adopted

pursuant to subsection (3) is notified to the European Commission.

Interpretation.

3.(1) In this Act, unless the context otherwise requires–

“aggregator” means a demand service provider that combines multiple

short-duration consumer loads for sale or auction in organised

energy markets;

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

“competent authority” has the meaning given to it in section 18;

“cogeneration” means the simultaneous generation in one process of

thermal energy and electrical or mechanical energy;

“cogeneration unit” means a unit that is able to operate in cogeneration

mode;

“Directive” means the Directive 2012/27/EU of the European Parliament

and of the Council of 25 October 2012 on energy efficiency,

amending Directives 2009/125/EC and 2010/30/EU and repealing

Directives 2004/8/EC and 2006/32/EC as the same may be

amended from time to time;

“distribution system operator” means a natural or legal person

responsible for operating, ensuring the maintenance of and, if

necessary, developing the distribution system of electricity or

natural gas in a given area and, where applicable, its

interconnections with other systems, and for ensuring the long term

ability of the system to meet reasonable demands for the

distribution of electricity or natural gas;

“economically justifiable demand” means demand that does not exceed

the needs for heating or cooling and which would otherwise be

satisfied at market conditions by energy generation processes other

than cogeneration;

“efficient district heating and cooling” means a district heating or cooling

system using at least 50 % renewable energy, 50 % waste heat, 75

% cogenerated heat or 50 % of a combination of such energy and

heat;

“efficient heating and cooling” means a heating and cooling option that,

compared to a baseline scenario reflecting a business-as-usual

situation, measurably reduces the input of primary energy needed to

supply one unit of delivered energy within a relevant system

boundary in a cost-effective way, as assessed in the cost-benefit

analysis referred to in this Directive, taking into account the energy

required for extraction, conversion, transport and distribution;

“efficient individual heating and cooling” means an individual heating

and cooling supply option that, compared to efficient district

heating and cooling, measurably reduces the input of non-

renewable primary energy needed to supply one unit of delivered

energy within a relevant system boundary or requires the same

input of non-renewable primary energy but at a lower cost, taking

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

into account the energy required for extraction, conversion,

transport and distribution;

“electricity from cogeneration” means electricity generated in a process

linked to the production of useful heat and calculated in accordance

with the methodology laid down in Schedule 2;

“energy” means all forms of energy products, combustible fuels, heat,

renewable energy, electricity, or any other form of energy, as

defined in Article 2(d) of Regulation (EC) No 1099/2008 of the

European Parliament and of the Council of 22 October 2008 on

energy statistics;

“energy audit” means a systematic procedure with the purpose of

obtaining adequate knowledge of the existing energy consumption

profile of a building or group of buildings, an industrial or

commercial operation or installation or a private or public service,

identifying and quantifying cost-effective energy savings

opportunities, and reporting the findings;

“energy distributor” means a natural or legal person, including a

distribution system operator, responsible for transporting energy

with a view to its delivery to final customers or to distribution

stations that sell energy to final customers;

“energy efficiency” means the ratio of output of performance, service,

goods or energy, to input of energy;

“energy efficiency improvement” means an increase in energy efficiency

as a result of technological, behavioural and/or economic changes;

“energy management system” means a set of interrelated or interacting

elements of a plan which sets an energy efficiency objective and a

strategy to achieve that objective;

“entrusted party” means a legal entity with delegated power from the

Government or other public body to develop, manage or operate a

financing scheme on behalf of the Government or other public

body;

“energy performance contracting” means a contractual arrangement

between the beneficiary and the provider of an energy efficiency

improvement measure, verified and monitored during the whole

term of the contract, where investments (work, supply or service) in

that measure are paid for in relation to a contractually agreed level

of energy efficiency improvement or other agreed energy

performance criterion, such as financial savings;

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

“energy savings” means an amount of saved energy determined by

measuring or estimating or both consumption before and after

implementation of an energy efficiency improvement measure,

whilst ensuring normalisation for external conditions that affect

energy consumption;

“energy service” means the physical benefit, utility or good derived from

a combination of energy with energy-efficient technology or with

action, which may include the operations, maintenance and control

necessary to deliver the service, which is delivered on the basis of a

contract and in normal circumstances has proven to result in

verifiable and measurable or estimable energy efficiency

improvement or primary energy savings;

“energy service provider” means a natural or legal person who delivers

energy services or other energy efficiency improvement measures

in a final customer’s facility or premises;

“European standard” means a standard adopted by the European

Committee for Standardisation, the European Committee for

Electrotechnical Standardisation or the European

Telecommunications Standards Institute and made available for

public use;

“final customer” means a natural or legal person who purchases energy

for own end use;

“final energy consumption” means all energy supplied to industry,

transport, households, services and agriculture but excludes

deliveries to the energy transformation sector and the energy

industries themselves;

“high-efficiency cogeneration” means cogeneration meeting the criteria

laid down in Schedule 5;

“implementing public authority” means a body governed by public law

which is responsible for the carrying out or monitoring of energy or

carbon taxation, financial schemes and instruments, fiscal

incentives, standards and norms, energy labelling schemes, training

or education;

“individual action” means an action that leads to verifiable, and

measurable or estimable, energy efficiency improvements and is

undertaken as a result of a policy measure;

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

“international standard” means a standard adopted by the International

Standardisation Organisation and made available to the public;

“micro-cogeneration unit” means a cogeneration unit with a maximum

capacity below 50 kWe;

“Minister” means the Minister with responsibility for the environment;

“obligated party" means an energy distributor or retail energy sales

company that is bound by the energy efficiency obligation schemes

of Gibraltar as referred to in section 9;

“overall efficiency” means the annual sum of electricity and mechanical

energy production and useful heat output divided by the fuel input

used for heat produced in a cogeneration process and gross

electricity and mechanical energy production;

“participating party” means an enterprise or public body that has

committed itself to reaching certain objectives under a voluntary

agreement, or is covered by a regulatory policy instrument;

“plot ratio” means the ratio of the building floor area to the land area in

Gibraltar;

“policy measure” means a regulatory, financial, fiscal, voluntary or

information provision instrument formally established and

implemented in Gibraltar to create a supportive framework,

requirement or incentive for market actors to provide and purchase

energy services and to undertake other energy efficiency

improvement measures;

“power-to-heat ratio” means the ratio of electricity from cogeneration to

useful heat when operating in full cogeneration mode using

operational data of the specific unit;

“primary energy consumption” means gross inland consumption,

excluding non-energy uses;

“public bodies” means “contracting authorities” within the meaning of

regulation 3 of the Procurement (Public Contracts) Regulations

2012;

“retail energy sales company” means a natural or legal person who sells

energy to final customers;

“small and medium-sized enterprises” or “SMEs” means enterprises as

defined in Title I of the Annex to Commission Recommendation

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

2003/361/EC of 6 May 2003 concerning the definition of micro,

small and medium-sized enterprises, the category of micro, small

and medium-sized enterprises is made up of enterprises which

employ fewer than 250 persons and which have an annual turnover

not exceeding 50 million Euros, or an annual balance sheet total not

exceeding 43 million Euros or both;

“small-scale cogeneration unit” means a cogeneration unit with installed

capacity below 1 MWe;

“smart metering system” or “intelligent metering system” means an

electronic system that can measure energy consumption, providing

more information than a conventional meter, and can transmit and

receive data using a form of electronic communication;

“substantial refurbishment” means a refurbishment whose cost exceeds

50 % of the investment cost for a new comparable unit;

“total useful floor area” means the floor area of a building or part of a

building, where energy is used to condition the indoor climate;

“transmission system operator” has the meaning given to it in Directive

2009/72/EC and Directive 2009/73/EC respectively;

“useful heat” means heat produced in a cogeneration process to satisfy

economically justifiable demand for heating or cooling.

(2) A word or expression not defined in this Act, if used in the Directive

shall have the meaning given to it in the Directive.

PART II

ENERGY SAVINGS AND EFFICIENCY TARGETS

4. Repealed.

Energy efficiency targets.

5.(1) The competent authority must set an indicative energy efficiency

target for Gibraltar, based on either primary or final energy consumption,

primary or final energy savings, or energy intensity.

(2) Where the competent authority sets an indicative energy efficiency

target for Gibraltar under subsection (1), the competent authority shall

ensure that the European Commission is notified in accordance with section

14(1) and (2) and Part I of Schedule 17.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(3) In notifying the targets under subsection (2), the competent authority

must also express those targets in terms of an absolute level of primary

energy consumption and final energy consumption in 2020 and shall explain

how, and on the basis of which data, this has been calculated.

(4) When setting those targets, the competent authority must take into

account–

(a) that the European Union’s 2020 energy consumption has to be

no more than 1,474 Mtoe of primary energy or no more than

1,078 Mtoe of final energy;

(b) the measures provided for in this Act;

(c) the measures adopted to reach the energy saving targets for

Gibraltar adopted pursuant to section 4; and

(d) other measures to promote energy efficiency within Gibraltar

and at European Union level.

(5) When setting those targets, the competent authority must also take

into account the circumstances affecting primary energy consumption, such

as–

(a) remaining cost-effective energy-saving potential;

(b) GDP evolution and forecast;

(c) changes of energy imports and exports;

(d) development of all sources of renewable energies, nuclear

energy, carbon capture and storage; and

(e) early action.

PART III

EFFICIENCY IN ENERGY USE

Building renovation.

6.(1) The competent authority must establish a long-term strategy for

mobilising investment in the renovation of the stock of residential and

commercial buildings in Gibraltar, both public and private.

(2) The strategy established under subsection (1) must encompass–

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(a) an overview of the building stock in Gibraltar based, as

appropriate, on statistical sampling;

(b) identification of cost-effective approaches to renovations

relevant to the building type and climatic zone;

(c) policies and measures to stimulate cost-effective deep

renovations of buildings, including staged deep renovations;

(d) a forward-looking perspective to guide investment decisions of

individuals, the construction industry and financial institutions;

and

(e) an evidence-based estimate of expected energy savings and

wider benefits.

(3) The strategy under subsection (1) shall–

(a) be published as soon as is reasonably practicable;

(b) updated every 3 years from 30 April 2014;

(c) be submitted for transmission to the European Commission as

part of the Energy Efficiency Action Plans for Gibraltar.

Exemplary role of public bodies’ buildings.

7.(1) Without prejudice to regulation 8 of the Environment (Energy

Performance of Buildings) Regulations 2012, the competent authority must

ensure that, as from 1 January 2014, 3% of the total floor area of heated or

cooled buildings or both, owned and occupied by the Government is

renovated each year to meet at least the minimum energy performance

requirements that it has set in application of regulation 5 of the Environment

(Energy Performance of Buildings) Regulations 2012.

(2) The 3% rate referred to in subsection (1) shall be calculated on the

total floor area of buildings with a total useful floor area over 500m 2 owned

and occupied by the Government that, on 1 January of each year, do not

meet the minimum energy performance requirements set in application of

regulation 5 of the Environment (Energy Performance of Buildings)

Regulations 2012.

(3) The threshold referred to in subsection (2) shall be lowered to 250m 2

as of 9 July 2015.

(4) Where the competent authority requires that the obligation to

renovate each year 3% of the total floor area extends to floor area owned

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

and occupied by an administrative department(which may be regarded as

being below the level of central government), the 3% rate shall be calculated

on the total floor area of buildings with a total useful floor area over 500m 2

and, as of 9 July 2015, over 250m 2 owned and occupied by the Government

and by these administrative departments that, on 1 January of each year, do

not meet the minimum energy performance requirements set in application

of regulation 5 of the Environment (Energy Performance of Buildings)

Regulations 2012.

(5) When implementing measures for the comprehensive renovation of

the Government buildings in accordance with subsection (1), the competent

authority may choose to consider the building as a whole, including the

building envelope, equipment, operation and maintenance.

(6) The competent authority must require that Government buildings

with the poorest energy performance be a priority for energy efficiency

measures, where cost-effective and technically feasible.

(7) The competent authority may decide not to set or apply the

requirements referred to in subsections (1) to (6) to the following categories

of buildings–

(a) buildings officially protected as part of a designated

environment, or because of their special architectural or

historical merit, in so far as compliance with certain minimum

energy performance requirements would unacceptably alter

their character or appearance;

(b) buildings owned by the armed forces and serving defence

purposes, apart from single living quarters or office buildings

for the armed forces and other staff employed by Ministry of

Defence; and

(c) buildings used as places of worship and for religious activities.

(8) If more than 3% of the total floor area of Government buildings is

renovated in a given year, the competent authority it may count the excess

towards the annual renovation rate of any of the 3 previous or following

years.

(9) The competent authority may count towards the annual renovation

rate of Government buildings new buildings occupied and owned as

replacements for specific Government buildings demolished in any of the 2

previous years, or buildings that have been sold, demolished or taken out of

use in any of the 2 previous years due to more intensive use of other

buildings.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(10) For the purposes of subsections (1) to (6), and as soon as is

reasonably practicable, the competent authority shall establish and make

publicly available an inventory of heated or cooled or both, Government

buildings with a total useful floor area over 500m 2 and, as of 9 July 2015,

over 250m 2 , excluding buildings exempted on the basis of subsection (7).

(11) The inventory referred to in subsection (10) must contain the

following data–

(a) the floor area in m 2 ; and

(b) the energy performance of each building or relevant energy

data.

(12) Without prejudice to regulation 8 of the Environment (Energy

Performance of Buildings) Regulations 2012, the competent authority may

opt for an alternative approach to subsections (1) to (11), whereby they take

other cost-effective measures, including deep renovations and measures for

behavioural change of occupants, to achieve, by 2020, an amount of energy

savings in eligible buildings owned and occupied by the Government that is

at least equivalent to that required in subsections (1) to (6), reported on an

annual basis.

(13) For the purpose of the alternative approach, the competent authority

may estimate the energy savings that subsections (1) to (10) would generate

by using appropriate standard values for the energy consumption of

reference government buildings before and after renovation and according to

estimates of the surface of its stock and the categories of reference

government buildings shall be representative of the stock of such buildings.

(14) If the competent authority opts for the alternative approach, it must

ensure that the European Commission is notified as soon as is reasonably

practicable of the alternative measures that it plans to adopt, showing how

they would achieve an equivalent improvement in the energy performance

of the buildings within the Government estate.

(15) The competent authority must encourage public bodies and social

housing bodies governed by public law, with due regard for their respective

competences and administrative set-up, to–

(a) adopt an energy efficiency plan, freestanding or as part of a

broader climate or environmental plan, containing specific

energy saving and efficiency objectives and actions, with a

view to following the exemplary role of Government buildings

laid down in subsection (1) to (6), (10), (11), (12), (13) and

(14);

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(b) put in place an energy management system, including energy

audits, as part of the implementation of their plan;

(c) use, where appropriate, energy service companies, and energy

performance contracting to finance renovations and implement

plans to maintain or improve energy efficiency in the long

term.

Purchasing by public bodies.

8.(1) The competent authority must ensure that the Government purchases

only products, services and buildings with high energy-efficiency

performance, insofar as that is consistent with cost-effectiveness,

economical feasibility, wider sustainability, technical suitability, as well as

sufficient competition, as referred to in Schedule 6.

(2) The obligation set out in subsection (1) shall apply to contracts for

the purchase of products, services and buildings by public bodies in so far as

such contracts have a value equal to or greater than the thresholds laid down

in regulation 8 of the Procurement (Public Contracts) Regulations 2012.

(3) The obligation referred to in subsections (1) and (2)–

(a) shall apply to the contracts of the armed forces only to the

extent that its application does not cause any conflict with the

nature and primary aim of the activities of the armed forces;

(b) shall not apply to contracts for the supply of military equipment

as defined by the Procurement (Defence and Security Public

Contracts) Regulations 2012;

(c) shall only apply if the Government is a party to the contract.

(4) The competent authority must encourage public bodies–

(a) with due regard to their respective competences and

administrative set-up, to follow the exemplary role of the

Government to purchase only products, services and buildings

with high energy-efficiency performance; and

(b) when tendering service contracts with significant energy

content, to assess the possibility of concluding long- term

energy performance contracts that provide long-term energy

savings.

(5) Without prejudice to subsections (1) and (2), when purchasing a

product package covered as a whole by a delegated act adopted under the

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

Environment (Energy Efficiency) Regulations 2013, the competent authority

may require that the aggregate energy efficiency shall take priority over the

energy efficiency of individual products within that package, by purchasing

the product package that complies with the criterion of belonging to the

highest energy efficiency class.

Energy efficiency obligation schemes.

9.(1) The competent authority must set up an energy efficiency obligation

scheme and that scheme must ensure that energy distributors or retail energy

sales companies operating in Gibraltar that are designated as obligated

parties under subsection (7) or all of them achieve a cumulative end-use

energy savings target by 31 December 2020, without prejudice to subsection

(4).

(2) The target under subsection (1) shall be at least equivalent to

achieving new savings each year from 1 January 2014 to 31 December 2020

of 1.5% of the annual energy sales to final customers of all energy

distributors or all retail energy sales companies by volume, averaged over

the most recent 3 year period prior to 1 January 2013 and the sales of

energy, by volume, used in transport may be partially or fully excluded from

this calculation.

(3) The competent authority must decide how the calculated quantity of

new savings referred to in subsection (2) is to be phased over the period.

(4) Subject to subsection (5), the competent authority may–

(a) carry out the calculation required by subsection (2) using

values of 1% in 2014 and 2015; 1.25% in 2016 and 2017; and

1.5% in 2018, 2019 and 2020;

(b) exclude from the calculation all or part of the sales, by volume,

of energy used in industrial activities listed in Schedule 1 of the

Greenhouse Gas Emissions Trading Scheme Regulations 2012;

(c) allow energy savings achieved in the energy transformation,

distribution and transmission sectors, including efficient

district heating and cooling infrastructure, as a result of the

implementation of the requirements set out in section 13B(6),

paragraph (b) of section 13B(8) and section 13C(1) to (13),

(16) and (17) to be counted towards the amount of energy

savings required under subsections (1) to (3); and

(d) count energy savings resulting from individual actions newly

implemented since 31 December 2008 that continue to have an

impact in 2020 and that can be measured and verified, towards

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

the amount of energy savings referred to in subsections (1) to

(3).

(5) The application of subsection (4) shall not lead to a reduction of

more than 25% of the amount of energy savings referred to in subsections

(1) to (3).

(6) If the competent authority applies subsection (4) it shall ensure that

the European Commission is notified by 5 June 2014, including the

elements listed under subsection (4) to be applied and a calculation showing

their impact on the amount of energy savings referred to subsections (1) to

(3).

(7) Without prejudice to the calculation of energy savings for the target

in accordance with subsection (2), the competent authority must, for the

purposes of subsection (1), designate, on the basis of objective and non-

discriminatory criteria, obligated parties amongst energy distributors or

retail energy sales companies operating in Gibraltar or all of them and may

include transport fuel distributors or transport fuel retailers operating in

Gibraltar.

(8) The amount of energy savings to fulfil the obligation shall be

achieved by the obligated parties among final customers, designated, as

appropriate, by the competent authority, independently of the calculation

made pursuant to subsections (1) to (3) or, if the competent authority so

decides, through certified savings stemming from other parties as described

in paragraph (b) of subsection (11).

(9) The competent authority must express the amount of energy savings

required of each obligated party in terms of either final or primary energy

consumption and the method chosen for expressing the required amount of

energy savings shall also be used for calculating the savings claimed by

obligated parties and the conversion factors set out Schedule 7 shall apply.

(10) The competent authority must ensure that the savings stemming from

subsections (1) to (4), (13) to (15) of this section and section 13H(2)(c) are

calculated in accordance with paragraphs 1 and 2 of Schedule 8 and shall–

(a) put in place measurement, control and verification systems

under which at least a statistically significant proportion and

representative sample of the energy efficiency improvement

measures put in place by the obligated parties is verified; and

(b) conduct that measurement, control and verification

independently of the obligated parties.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(11) Within the energy efficiency obligation scheme, the competent

authority may–

(a) include requirements with a social aim in the saving

obligations imposed, including by requiring a share of energy

efficiency measures to be implemented as a priority in

households affected by energy poverty or in social housing;

(b) permit obligated parties to count towards their obligation

certified energy savings achieved by energy service providers

or other third parties, including when obligated parties promote

measures through other State-approved bodies or through

public authorities that may or may not involve formal

partnerships and may be in combination with other sources of

finance;

(c) allow obligated parties to count savings obtained in a given

year as if they had instead been obtained in any of the 4

previous or 3 following years.

(12) Where the competent authority so permits pursuant to subsection

(11)(b), it must ensure that an approval process is in place which is clear,

transparent and open to all market actors, and which aims at minimising the

costs of certification.

(13) Once a year, the competent authority must publish the energy

savings achieved by each obligated party, or each sub-category of obligated

party, and in total under the scheme.

(14) The competent authority must ensure that obligated parties provide

on request–

(a) aggregated statistical information on their final customers

(identifying significant changes to previously submitted

information); and

(b) current information on final customers’ consumption,

including, where applicable, load profiles, customer

segmentation and geographical location of customers, while

preserving the integrity and confidentiality of private or

commercially sensitive information in compliance with

applicable European Union law.

(15) The request referred to in subsection (14) shall be made not more

than once a year.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(16) As an alternative to setting up an energy efficiency obligation

scheme under subsections (1) to (3), the competent authority may opt to take

other policy measures to achieve energy savings among final customers,

provided those policy measures meet the criteria set out in subsections (21)

and (22).

(17) The annual amount of new energy savings achieved through the

approach in accordance with subsection (16) shall be equivalent to the

amount of new energy savings required by subsections (1) to (5) and if that

equivalence is maintained, the competent authority may combine obligation

schemes with alternative policy measures, including energy efficiency

programmes.

(18) The policy measures referred to in subsection (16) may include, but

are not restricted to, the following policy measures or combinations thereof–

(a) energy or CO2 taxes that have the effect of reducing end-use

energy consumption;

(b) financing schemes and instruments or fiscal incentives that lead

to the application of energy-efficient technology or techniques

and have the effect of reducing end-use energy consumption;

(c) regulations or voluntary agreements that lead to the application

of energy-efficient technology or techniques and have the effect

of reducing end-use energy consumption;

(d) standards and norms that aim at improving the energy

efficiency of products and services, including buildings and

vehicles, except where these are mandatory and applicable in

Gibraltar under European Union law;

(e) energy labelling schemes, with the exception of those that are

mandatory and applicable in Gibraltar under European Union

law;

(f) training and education, including energy advisory programmes,

that lead to the application of energy-efficient technology or

techniques and have the effect of reducing end-use energy

consumption.

(19) The competent authority must ensure that the European Commission

is notified, as soon as is reasonably practicable, of the policy measures that

it plans to adopt for the purposes of the subsections (16) and (17) and

section 13H(2)(c), following the framework provided in paragraph 4 of

Schedule 8, and showing how they would achieve the required amount of

savings.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(20) In the case of the policy measures referred to in subsection (18) and

section 13H(2)(c), this notification shall demonstrate how the criteria in

subsection (20) are met and in the case of policy measures other than those

referred to in subsection (18) or section 13H(2)(c), the competent authority

must explain how an equivalent level of savings, monitoring and

verification is achieved.

(21) Without prejudice to subsection (22), the criteria for the policy

measures taken pursuant to subsection (18) and section 13H(2)(c) shall be as

follows–

(a) the policy measures provide for at least two intermediate

periods by 31 December 2020 and lead to the achievement of

the level of ambition set out in subsections (1) to (3);

(b) the responsibility of each entrusted party, participating party or

implementing public authority, whichever is relevant, is

defined;

(c) the energy savings that are to be achieved are determined in a

transparent manner;

(d) the amount of energy savings required or to be achieved by the

policy measure are expressed in either final or primary energy

consumption, using the conversion factors set out in Schedule

7;

(e) energy savings are calculated using the methods and principles

provided in paragraphs 1 and 2 of Schedule 8;

(f) energy savings are calculated using the methods and principles

provided in paragraph 3 of Schedule 8;

(g) an annual report of the energy savings achieved is provided by

participating parties unless not feasible and made publicly

available;

(h) monitoring of the results is ensured and appropriate measures

are envisaged if the progress is not satisfactory;

(i) a control system is put in place that also includes independent

verification of a statistically significant proportion of the

energy efficiency improvement measures; and

(j) data on the annual trend of energy savings are published

annually.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(22) The competent authority shall ensure that–

(a) the taxes referred to in subsection (18) (a) comply with the

criteria listed in paragraphs (a), (b), (c), (d), (f), (h) and (j) of

subsection (21);

(b) the regulations and voluntary agreements referred to in

subsection (18)(c) comply with the criteria listed in paragraphs

(a), (b), (c), (d), (e), (g), (h), (i) and (j) of subsection (21);

(c) the other policy measures referred to in the subsection (18) and

the Energy Efficiency Funds referred to in section13H(2)(c)

comply with the criteria listed in paragraphs (a), (b), (c), (d),

(e), (h), (i) and (j) of subsection (21); and

(d) when the impact of policy measures or individual actions

overlaps, no double counting of energy savings is made.

Energy audits and energy management systems.

10.(1) The competent authority must promote the availability to all final

customers of high quality energy audits which are cost-effective and–

(a) carried out in an independent manner by qualified, accredited

or both qualified and accredited experts according to

qualification criteria; or

(b) implemented and supervised by independent authorities.

(2) The energy audits referred to in subsection (1) may be carried out by

in-house experts or energy auditors if the competent authority has put in

place a scheme to assure and check their quality, including, if appropriate,

an annual random selection of at least a statistically significant percentage of

all the energy audits they carry out.

(3) For the purpose of guaranteeing the high quality of the energy audits

and energy management systems, the competent authority must establish

transparent and non-discriminatory minimum criteria for energy audits

based on Schedule 9.

(4) Energy audits referred to in subsection (3) shall not include clauses

preventing the findings of the audit from being transferred to any qualified

or accredited energy service provider, on condition that the customer does

not object.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(5) The competent authority must develop programmes to encourage

SMEs to undergo energy audits and the subsequent implementation of the

recommendations from these audits.

(6) On the basis of transparent and non-discriminatory criteria and

without prejudice to European Union State aid law, the competent authority

may set up support schemes for SMEs, including if it has concluded

voluntary agreements, to cover costs of an energy audit and of the

implementation of highly cost-effective recommendations from the energy

audits, if the proposed measures are implemented.

(7) The competent authority must bring to the attention of SMEs,

including through their respective representative intermediary organisations,

concrete examples of how energy management systems could help their

businesses.

(8) The competent authority must–

(a) develop programmes to raise awareness among households

about the benefits of such audits through appropriate advice

services; and

(b) encourage training programmes for the qualification of energy

auditors in order to facilitate sufficient availability of experts.

(9) The competent authority must ensure that enterprises that are not

SMEs are subject to an energy audit carried out in an independent and cost-

effective manner by qualified, accredited or both qualified and accredited

experts or implemented and supervised by independent authorities by 5

December 2015 and at least every 4 years from the date of the previous

energy audit.

(10) Energy audits shall be considered as fulfilling the requirements of

subsection (9) when they are carried out in an independent manner, on the

basis of minimum criteria based on Schedule 9, and implemented under

voluntary agreements concluded between organisations of stakeholders and

an appointed body and supervised by the competent authority, or other

bodies to which the competent authority has delegated the responsibility

concerned, or by the European Commission.

(11) Access of market participants offering energy services shall be based

on transparent and non-discriminatory criteria.

(12) Enterprises that are not SMEs and that are implementing an energy

or environmental management system, certified by an independent body

according to the relevant European or International Standards, shall be

exempted from the requirements of subsection (9) if the competent authority

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

ensures that the management system concerned includes an energy audit on

the basis of the minimum criteria based on Schedule 9.

(13) Energy audits may stand alone or be part of a broader environmental

audit and the competent authority may require that an assessment of the

technical and economic feasibility of connection to an existing or planned

district heating or cooling network shall be part of the energy audit.

(14) Without prejudice to European Union State aid law, the competent

authority may implement incentive and support schemes for the

implementation of recommendations from energy audits and similar

measures.

Metering.

11.(1) The competent authority must ensure that, in so far as it is

technically possible, financially reasonable and proportionate in relation to

the potential energy savings, final customers for electricity, natural gas,

district heating, district cooling and domestic hot water are provided with

competitively priced individual meters that accurately reflect the final

customer’s actual energy consumption and that provide information on

actual time of use.

(2) A competitively priced individual meter referred to in subsection (1)

shall always be provided when–

(a) an existing meter is replaced, unless this is technically

impossible or not cost-effective in relation to the estimated

potential savings in the long term; or

(b) a new connection is made in a new building or a building

undergoes major renovations, as set out in the Environment

(Energy Performance of Buildings) Regulations 2012.

(3) Where heating and cooling or hot water are supplied to a building

from a district heating network or from a central source servicing multiple

buildings, a heat or hot water meter shall be installed at the heating

exchanger or point of delivery.

(4) In multi-apartment and multi-purpose buildings with a central

heating or cooling source or supplied from a district heating network or

from a central source serving multiple buildings, individual consumption

meters shall also be installed by 31 December 2016 to measure the

consumption of heat or cooling or hot water for each unit where technically

feasible and cost-efficient.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(5) Where the use of individual meters is not technically feasible or not

cost-efficient, to measure heating, individual heat cost allocators shall be

used for measuring heat consumption at each radiator, unless it is shown by

the competent authority that the installation of such heat cost allocators

would not be cost-efficient and in those cases, alternative cost-efficient

methods of heat consumption measurement may be considered.

(6) Where multi-apartment buildings are supplied from district heating

or cooling, or where own common heating or cooling systems for such

buildings are prevalent, the competent authority may introduce transparent

rules on the allocation of the cost of thermal or hot water consumption in

such buildings to ensure transparency and accuracy of accounting for

individual consumption.

(7) Where appropriate, the rules referred to in subsection (6) shall

include guidelines on the way to allocate costs for heat or hot water that is

used or both as follows–

(a) hot water for domestic needs;

(b) heat radiated from the building installation and for the purpose

of heating the common areas (where staircases and corridors

are equipped with radiators); and

(c) for the purpose of heating apartments.

Billing information.

12.(1) Where final customers do not have smart meters, the competent

authority must ensure, by 31 December 2014, that billing information is

accurate and based on actual consumption, in accordance with paragraph 1.1

of Schedule 10, for all the sectors covered by this Act, including energy

distributors, distribution system operators and retail energy sales companies,

where this is technically possible and economically justified.

(2) The obligation under subsection (1) may be fulfilled by a system of

regular self-reading by the final customers whereby they communicate

readings from their meter to the energy supplier and only when the final

customer has not provided a meter reading for a given billing interval shall

billing be based on estimated consumption or a flat rate.

(3) If smart meters are installed, they shall enable accurate billing

information based on actual consumption and the competent authority must

ensure that final customers have the possibility of easy access to

complementary information on historical consumption allowing detailed

self-checks.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(4) Complementary information on historical consumption referred to in

subsection (3) shall include–

(a) cumulative data for at least the 3 previous years or the period

since the start of the supply contract if this is shorter and the

data shall correspond to the intervals for which frequent billing

information has been produced; and

(b) detailed data according to the time of use for any day, week,

month and year and these data shall be made available to the

final customer via the internet or the meter interface for the

period of at least the previous 24 months or the period since the

start of the supply contract if this is shorter.

(5) Independently of whether smart meters have been installed or not,

the competent authority–

(a) must require that, to the extent that information on the energy

billing and historical consumption of final customers is

available, it be made available, at the request of the final

customer, to an energy service provider designated by the final

customer;

(b) must ensure that final customers are offered the option of

electronic billing information and bills and that they receive, on

request, a clear and understandable explanation of how their

bill was derived, especially where bills are not based on actual

consumption;

(c) must ensure that appropriate information is made available

with the bill to provide final customers with a comprehensive

account of current energy costs, in accordance with Schedule

10;

(d) may require that, at the request of the final customer, the

information contained in these bills shall not be considered to

constitute a request for payment;

(e) must require that information and estimates for energy costs are

provided to consumers on demand in a timely manner and in an

easily understandable format enabling consumers to compare

deals on a like-for-like basis.

(6) In a case falling under subsection (5)(d), the competent authority

must ensure that suppliers of energy sources offer flexible arrangements for

actual payments.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

Cost of access to metering and billing information.

13.(1) The competent authority must ensure that final customers–

(a) receive all their bills and billing information for energy

consumption free of charge; and

(b) have access to their consumption data in an appropriate way

and free of charge.

(2) Notwithstanding subsection (1), the distribution of costs of billing

information for the individual consumption of heating and cooling in multi-

apartment and multi-purpose buildings pursuant to section 11(3) to (8) shall

be carried out on a non-profit basis.

(3) Costs resulting from the assignment of this task to a third party, such

as a service provider or the local energy supplier, covering the measuring,

allocation and accounting for actual individual consumption in such

buildings, may be passed onto the final customers to the extent that such

costs are reasonable.

Consumer information and empowering programme.

13A.(1) The competent authority must take appropriate measures to promote

and facilitate an efficient use of energy by small energy customers, including

domestic customers and these measures may be part of the Gibraltar

strategy.

(2) For the purposes of subsection (1), these measures shall include one

or more of the elements listed under paragraph (a) or (b)–

(a) a range of instruments and policies to promote behavioural

change which may include–

(i) fiscal incentives;

(ii) access to finance, grants or subsidies;

(iii) information provision;

(iv) exemplary projects;

(v) workplace activities;

(b) ways and means to engage consumers and consumer

organisations during the possible roll-out of smart meters

through communication of–

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(i) cost-effective and easy-to-achieve changes in energy use;

and

(ii) information on energy efficiency measures.

PART IIIA

EFFICIENCY IN ENERGY SUPPLY

Promotion of efficiency in heating and cooling.

13B.(1) By 31 December 2015, the competent authority must carry out and

ensure that the European Commission is notified of a comprehensive

assessment of the potential for the application of high-efficiency

cogeneration and efficient district heating and cooling, containing the

information set out in Schedule 11 if it has carried out an equivalent

assessment, the competent authority shall ensure that it is notified to the

European Commission.

(2) The comprehensive assessment referred to in subsection (1) shall–

(a) take full account of the analysis of the potentials for high-

efficiency cogeneration carried out under the Electricity (High-

Efficiency Cogeneration) Regulations 2010; and

(b) be updated and notified to the European Commission if the

European Commission so requests pursuant to Article 14(1) of

the Directive.

(3) The competent authority must adopt policies which encourage the

due taking into account of–

(a) the potential of using efficient heating and cooling systems, in

particular those using high-efficiency cogeneration; and

(b) the potential for developing local and regional heat markets.

(4) For the purpose of the assessment referred to in subsection (1), the

competent authority must carry out a cost-benefit analysis across Gibraltar

based on climate conditions, economic feasibility and technical suitability in

accordance with Part 1 of Schedule 12.

(5) The cost-benefit analysis shall be capable of facilitating the

identification of the most resource-and cost-efficient solutions to meeting

heating and cooling needs and that cost-benefit analysis may be part of an

environmental assessment under the Environment Act 2005.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(6) Where the assessment referred to in subsections (1) and (2) and the

analysis referred to in subsections (4) and (5) identify a potential for the

application of high-efficiency cogeneration, efficient district heating and

cooling or both whose benefits exceed the costs, the competent authority

must take adequate measures for efficient district heating and cooling

infrastructure to be developed or to accommodate the development of high-

efficiency cogeneration and the use of heating and cooling from waste heat

and renewable energy sources in accordance with subsections (1), (2), (8) to

(10) and (16).

(7) Where the assessment referred to in subsections (1) and (2) and the

analysis referred to in subsections (4) and (5) do not identify a potential

whose benefits exceed the costs, including the administrative costs of

carrying out the cost-benefit analysis referred to in subsection (8), the

competent authority may exempt installations from the requirements laid

down in that subsection.

(8) The competent authority must ensure that a cost-benefit analysis in

accordance with Part 2 of Schedule 12 is carried out when, after 5 June

2014–

(a) a new thermal electricity generation installation with a total

thermal input exceeding 20 MW is planned, in order to assess

the cost and benefits of providing for the operation of the

installation as a high-efficiency cogeneration installation;

(b) an existing thermal electricity generation installation with a

total thermal input exceeding 20 MW is substantially

refurbished, in order to assess the cost and benefits of

converting it to high-efficiency cogeneration;

(c) an industrial installation with a total thermal input exceeding

20 MW generating waste heat at a useful temperature level is

planned or substantially refurbished, in order to assess the cost

and benefits of utilising the waste heat to satisfy economically

justified demand, including through cogeneration, and of the

connection of that installation to a district heating and cooling

network;

(d) a new district heating and cooling network is planned or in an

existing district heating or cooling network a new energy

production installation with a total thermal input exceeding 20

MW is planned or an existing such installation is to be

substantially refurbished, in order to assess the cost and

benefits of utilising the waste heat from nearby industrial

installations.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(9) The fitting of equipment to capture carbon dioxide produced by a

combustion installation with a view to its being geologically stored as

provided for in the Environment (Geological Storage of Carbon Dioxide)

Regulations 2011 shall not be considered as refurbishment for the purpose

of paragraphs (b), (c) and (d) of subsection (8).

(10) The competent authority may require the cost-benefit analysis

referred to in paragraphs (c) and (d) of subsection (8) to be carried out in

cooperation with the companies responsible for the operation of the district

heating and cooling networks.

(11) The competent authority may exempt from subsections (8) to (10)–

(a) those peak load and back-up electricity generating installations

which are planned to operate under 1500 operating hours per

year as a rolling average over a period of five years, based on a

verification procedure established by the competent authority

ensuring that this exemption criterion is met;

(b) nuclear power installations;

(c) installations that need to be located close to a geological

storage site approved under the Environment (Geological

Storage of Carbon Dioxide) Regulations 2011 .

(12) The competent authority may also lay down thresholds, expressed in

terms of the amount of available useful waste heat, the demand for heat or

the distances between industrial installations and district heating networks,

for exempting individual installations from the provisions of paragraphs (c)

and (d) of subsection (8).

(13) The competent authority must ensure that exemptions adopted under

subsections (11) and (12) are notified to the European Commission as soon

as is reasonably practicable and any subsequent changes to them thereafter.

(14) The competent authority must adopt authorisation criteria or

equivalent permit criteria, to–

(a) take into account the outcome of the comprehensive

assessment referred to in subsections (1) and (2);

(b) ensure that the requirements of subsections (8) to (10) are

fulfilled; and

(c) take into account the outcome of cost-benefit analysis referred

to in subsections (8) to (10).

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(15) The competent authority may exempt individual installations from

being required, by the authorisation and permit criteria referred to in

subsection (14), to implement options whose benefits exceed their costs, if

there are imperative reasons of law, ownership or finance for so doing and

in these cases the competent authority shall ensure that a reasoned

notification of its decision is submitted to the European Commission within

3 months of the date of taking it.

(16) Subsection (8) to (15) shall apply to installations covered by the

Pollution Prevention and Control Regulations 2013 without prejudice to the

requirements of that Directive.

(17) On the basis of the harmonised efficiency reference values referred

to in paragraph (f) of Schedule 5, the competent authority must ensure that

the origin of electricity produced from high-efficiency cogeneration can be

guaranteed according to objective, transparent and non-discriminatory

criteria laid down by the competent authority.

(18) The competent authority must ensure that the guarantee of origin

complies with the requirements and contains at least the information

specified in Schedule 13.

(19) The competent authority must mutually recognise the guarantees of

origin with other member states, exclusively as proof of the information

referred to in subsection (18) and any refusal to recognise a guarantee of

origin as such proof, in particular for reasons relating to the prevention of

fraud, must be based on objective, transparent and non-discriminatory

criteria.

(20) The competent authority must ensure that the European Commission

is notified of such refusal and its justification.

(21) Where the European Commission adopts a decision pursuant to

Article 14(10) of the Directive the competent authority shall recognise the

guarantee of origin in respect of which the European Commission decision

relates.

(22) The competent authority must ensure that any available support for

cogeneration is subject to the electricity produced originating from high-

efficiency cogeneration and the waste heat being effectively used to achieve

primary energy savings and public support to cogeneration and district

heating generation and networks shall be subject to State aid rules, where

applicable.

Energy transformation, transmission and distribution.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

13C.(1) The competent authority must ensure that energy regulatory

authorities pay due regard to energy efficiency in carrying out the regulatory

tasks regarding its decisions on the operation of the gas and electricity

infrastructure.

(2) The competent authority must, in particular, ensure that energy

regulatory authorities, through the development of network tariffs and

regulations, and taking into account the costs and benefits of each measure,

provide incentives for grid operators to make available system services to

network users permitting them to implement energy efficiency improvement

measures in the context of the continuing deployment of smart grids and

such systems services may be determined by the system operator and shall

not adversely impact the security of the system.

(3) For electricity, the competent authority must ensure that network

regulation and network tariffs fulfil the criteria in Schedule 14.

(4) The competent authority must, by 30 June 2015, ensure that–

(a) an assessment is undertaken of the energy efficiency potentials

of gas and electricity infrastructure, in particular regarding

transmission, distribution, load management and

interoperability, and connection to energy generating

installations, including access possibilities for micro energy

generators; and

(b) concrete measures and investments are identified for the

introduction of cost-effective energy efficiency improvements

in the network infrastructure, with a timetable for their

introduction.

(5) The competent authority may permit components of schemes and

tariff structures with a social aim for net-bound energy transmission and

distribution, provided that any disruptive effects on the transmission and

distribution system are kept to the minimum necessary and are not

disproportionate to the social aim.

(6) The competent authority must ensure the removal of those incentives

in transmission and distribution tariffs that are detrimental to the overall

efficiency (including energy efficiency) of the generation, transmission,

distribution and supply of electricity or those that might hamper

participation of demand response, in balancing markets and ancillary

services procurement.

(7) The competent authority must ensure that–

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(a) network operators are incentivised to improve efficiency in

infrastructure design and operation; and

(b) tariffs allow suppliers to improve consumer participation in

system efficiency, including demand response, depending on

circumstances of Gibraltar.

(8) Without prejudice to regulation 20(2) of the Environment

(Renewable Energy Sources) Regulations 2011 and taking into account the

need to ensure continuity in heat supply, the competent authority must

ensure that subject to requirements relating to the maintenance of the

reliability and safety of the grid, based on transparent and non-

discriminatory criteria set by the competent authority appointed under those

Regulations, transmission system operators and distribution system

operators when they are in charge of dispatching the generating

installations–

(a) guarantee the transmission and distribution of electricity from

high-efficiency cogeneration;

(b) provide priority or guaranteed access to the grid of electricity

from high-efficiency cogeneration;

(c) when dispatching electricity generating installations, provide

priority dispatch of electricity from high-efficiency

cogeneration in so far as the secure operation of the electricity

system permits.

(9) The competent authority must ensure that rules relating to the

ranking of the different access and dispatch priorities granted in the

electricity systems are clearly explained in detail and published and when

providing priority access or dispatch for high-efficiency cogeneration, the

competent authority may set rankings as between, and within different types

of, renewable energy and high-efficiency cogeneration and shall in any case

ensure that priority access or dispatch for energy from variable renewable

energy sources is not hampered.

(10) In addition to the obligations laid down by subsection (8),

transmission system operators and distribution system operators shall

comply with the requirements set out in Schedule 15.

(11) The competent authority–

(a) may particularly facilitate the connection to the grid system of

electricity produced from high-efficiency cogeneration from

small-scale and micro-cogeneration units; and

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(b) shall, where appropriate, take steps to encourage network

operators to adopt a simple notification “install and inform”

process for the installation of micro-cogeneration units to

simplify and shorten authorisation procedures for individual

citizens and installers.

(12) Subject to the requirements relating to the maintenance of the

reliability and safety of the grid, the competent authority must take the

appropriate steps to ensure that, where this is technically and economically

feasible with the mode of operation of the high-efficiency cogeneration

installation, high-efficiency cogeneration operators can offer balancing

services and other operational services at the level of transmission system

operators or distribution system operators.

(13) Transmission system operators and distribution system operators

shall ensure that such services are part of a services bidding process which is

transparent, non-discriminatory and open to scrutiny and where appropriate,

the competent authority may require transmission system operators and

distribution system operators to encourage high-efficiency cogeneration to

be sited close to areas of demand by reducing the connection and use-of-

system charges.

(14) The competent authority–

(a) may allow producers of electricity from high-efficiency

cogeneration wishing to be connected to the grid to issue a call

for tender for the connection work; and

(b) shall ensure that energy regulatory authorities encourage

demand side resources, such as demand response, to participate

alongside supply in wholesale and retail markets.

(15) Subject to technical constraints inherent in managing networks, the

competent authority must–

(a) ensure that transmission system operators and distribution

system operators, in meeting requirements for balancing and

ancillary services, treat demand response providers, including

aggregators, in a non-discriminatory manner, on the basis of

their technical capabilities; and

(b) promote access to and participation of demand response in

balancing, reserve and other system services markets, inter alia

by requiring the energy regulatory authorities or, where the

regulatory systems so require, transmission system operators

and distribution system operators in close cooperation with

demand service providers and consumers, to define technical

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

modalities for participation in these markets on the basis of the

technical requirements of these markets and the capabilities of

demand response, such specifications shall include the

participation of aggregators.

(16) When reporting under the Pollution Prevention and Controls

Regulations 2013, and without prejudice to regulation 17(2) of those

Regulations, the competent authority must consider including information

on energy efficiency levels of installations undertaking the combustion of

fuels with total rated thermal input of 50 MW or more in the light of the

relevant best available techniques developed in accordance with the

Pollution Prevention and Controls Regulations 2013.

(17) The competent authority may encourage operators of installations

referred to in subsection (16) to improve their annual average net

operational rates.

PART IIIB

HORIZONTAL PROVISIONS

Availability of qualification, accreditation and certification schemes.

13D.(1) Where the competent authority considers that the level of technical

competence, objectivity and reliability is insufficient in Gibraltar, it must

ensure that, by 31 December 2014, certification or accreditation schemes or

both or equivalent qualification schemes, including, where necessary,

suitable training programmes, become or are available for providers of

energy services, energy audits, energy managers and installers of energy-

related building elements as defined in the Environment (Energy

Performance of Buildings) Regulations 2012.

(2) The competent authority must ensure that the schemes referred to in

subsection (1) provide transparency to consumers, are reliable and

contribute to Gibraltar’s energy efficiency objectives.

(3) The competent authority must–

(a) make publicly available the certification or accreditation

schemes or both or equivalent qualification schemes referred to

in subsection (1);

(b) co-operate with other Member States and with the European

Commission on comparisons between, and recognition of, the

schemes; and

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(c) take appropriate measures to make consumers aware of the

availability of qualification or certification schemes or both in

accordance with section 13F(1).

Information and training.

13E.(1) The competent authority must ensure that information on available

energy efficiency mechanisms and financial and legal frameworks is

transparent and widely disseminated to all relevant market actors, such as

consumers, builders, architects, engineers, environmental and energy

auditors, and installers of building elements as defined in the Environment

(Energy Performance of Buildings) Regulations 2012.

(2) The competent authority must encourage the provision of

information to banks and other financial institutions on possibilities of

participating, including through the creation of public or private

partnerships, in the financing of energy efficiency improvement measures.

(3) The competent authority must–

(a) establish appropriate conditions for market operators to provide

adequate and targeted information and advice to energy

consumers on energy efficiency; and

(b) with the participation of stakeholders and other relevant

authorities, promote suitable information, awareness-raising

and training initiatives to inform citizens of the benefits and

practicalities of taking energy efficiency improvement

measures.

Energy services.

13F.(1) The competent authority must promote the energy services market

and access for SMEs to this market by–

(a) disseminating clear and easily accessible information on–

(i) available energy service contracts and clauses that should

be included in such contracts to guarantee energy savings

and final customers’ rights;

(ii) financial instruments, incentives, grants and loans to

support energy efficiency service projects;

(b) encouraging the development of quality labels, inter alia, by

trade associations;

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(c) making publicly available and regularly updating a list of

available energy service providers who are qualified and/or

certified and their qualifications and/or certifications in

accordance with section 13D, or providing an interface where

energy service providers can provide information;

(d) supporting the public sector in taking up energy service offers,

in particular for building refurbishment, by–

(i) providing model contracts for energy performance

contracting which include at least the items listed in

Schedule 16;

(ii) providing information on best practices for energy

performance contracting, including, if available, cost-

benefit analysis using a life-cycle approach;

(e) providing a qualitative review in the framework of Gibraltar’s

Energy Efficiency Action Plan regarding the current and future

development of the energy services market.

(2) The competent authority must support the proper functioning of the

energy services market, where appropriate, by–

(a) identifying and publicising point(s) of contact where final

customers can obtain the information referred to in subsection

(1);

(b) taking, if necessary, measures to remove the regulatory and

non-regulatory barriers that impede the uptake of energy

performance contracting and other energy efficiency service

models for the identification or implementation of energy

saving measures or both;

(c) considering putting in place or assigning the role of an

independent mechanism, such as an ombudsman, to ensure the

efficient handling of complaints and out-of-court settlement of

disputes arising from energy service contracts;

(d) enabling independent market intermediaries to play a role in

stimulating market development on the demand and supply

sides.

(3) The competent authority must ensure that energy distributors,

distribution system operators and retail energy sales companies refrain from

any activities that may impede the demand for and delivery of energy

services or other energy efficiency improvement measures, or hinder the

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

development of markets for such services or measures, including foreclosing

the market for competitors or abusing dominant positions.

Other measures to promote energy efficiency.

13G.(1) The competent authority must evaluate and if necessary take

appropriate measures to remove regulatory and non-regulatory barriers to

energy efficiency, without prejudice to the basic principles of the property

and tenancy law of Gibraltar, in particular as regards–

(a) the split of incentives between the owner and the tenant of a

building or among owners, with a view to ensuring that these

parties are not deterred from making efficiency-improving

investments that they would otherwise have made by the fact

that they will not individually obtain the full benefits or by the

absence of rules for dividing the costs and benefits between

them, including rules and measures regulating decision-

making processes in multi-owner properties;

(b) legal and regulatory provisions, and administrative practices,

regarding public purchasing and annual budgeting and

accounting, with a view to ensuring that individual public

bodies are not deterred from making investments in improving

energy efficiency and minimising expected life-cycle costs and

from using energy performance contracting and other third-

party financing mechanisms on a long-term contractual basis.

(2) The measures taken under subsection (1) to remove barriers may–

(a) include providing incentives, repealing or amending legal or

regulatory provisions, or adopting guidelines and interpretative

communications, or simplifying administrative procedures; and

(b) be combined with the provision of education, training and

specific information and technical assistance on energy

efficiency.

(3) The evaluation of barriers and measures referred to in subsections

(1) and (2) shall be notified to the European Commission in the first Energy

Efficiency Action Plan referred to in section 14(3).

Energy Efficiency Fund, Financing and Technical Support.

13H.(1) Without prejudice to Articles 107 and 108 of the Treaty on the

Functioning of the European Union, the competent authority must facilitate

the establishment of financing facilities, or use of existing ones, for energy

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

efficiency improvement measures to maximise the benefits of multiple

streams of financing.

(2) The competent authority may–

(a) set up an Energy Efficiency Fund and the purpose of this fund

shall be to support energy efficiency initiatives;

(b) allow for the obligations set out in section 7(1) to be fulfilled

by annual contributions to the Energy Efficiency Fund of an

amount equal to the investments required to achieve those

obligations;

(c) provide that obligated parties can fulfil their obligations set out

in section 9(1) by contributing annually to the Energy

Efficiency Fund an amount equal to the investments required to

achieve those obligations; and

(d) use its revenues from annual emission allocations under

Decision No 406/2009/EC for the development of innovative

financing mechanisms to give practical effect to the objective

in section 7 of improving the energy performance of buildings.

Conversion factors.

13I. For the purpose of comparison of energy savings and conversion to a

comparable unit, the conversion factors set out in Schedule 7 shall apply

unless the use of other conversion factors can be justified.

PART IV

FINAL PROVISIONS

Review and monitoring of implementation.

14.(1) As soon as is reasonably practicable and thereafter by 30 April each

year, the competent authority must report on the progress achieved towards

energy efficiency targets for Gibraltar in accordance with Part 1 of Schedule

17.

(2) The report referred to in subsection (1) may form part of the Reform

Programmes referred to in Council Recommendation 2010/410/EU of 13

July 2010 on broad guidelines for the economic policies of the Member

States and of the Union.

(3) As soon as is reasonably practicable, by 30 April 2017 and every 3

years thereafter, the competent authority must submit the Energy Efficiency

Action Plans for Gibraltar.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(4) The Energy Efficiency Action Plans referred to in subsection (3)

shall cover significant energy efficiency improvement measures and

expected or achieved energy savings or both, including those in the supply,

transmission and distribution of energy as well as energy end-use, in view of

achieving the energy efficiency targets for Gibraltar referred to in section

5(1).

(5) The Energy Efficiency Action Plans referred to in subsection (3)

shall be complemented with updated estimates of expected overall primary

energy consumption in 2020, as well as estimated levels of primary energy

consumption in the sectors indicated in Part 1 of Schedule 17.

(6) The Energy Efficiency Action Plans referred to in subsection (3)

shall in any case include the information specified in Schedule 17.

(7) The competent authority must ensure that the following are

submitted to the European Commission–

(a) before 30 April each year statistics on the electricity and heat

production from high and low efficiency cogeneration, in

accordance with the methodology shown in Schedule 2, in

relation to total heat and electricity production;

(b) annual statistics on cogeneration heat and electricity capacities

and fuels for cogeneration, and on district heating and cooling

production and capacities, in relation to total heat and

electricity production and capacities;

(c) statistics on primary energy savings achieved by application of

cogeneration in accordance with the methodology shown in

Schedule 5.

Regulations.

15.(1) The Minister may make regulations giving effect to, or enabling the

enforcement of any obligation incumbent on the Minister or on the

competent authority in accordance with the provisions of this Act.

(2) Regulations made under this section may make provision for offences

and civil and criminal penalties.

Offences.

16. Any act or omission by any energy distributors, distribution system

operators and retail energy sales companies

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(a) contrary to any instruction given to it by the Minister or the

competent authority pursuant to the provisions of this Act; or

(b) contrary to any provision of this Act,

is an offence punishable on summary conviction to a fine not exceeding

level 4 on the standard scale.

Schedules.

17. The Schedules shall have effect.

Competent Authority.

18.(1) The Minister shall be the competent authority unless the

Government by notice in the Gazette designates another person.

(2) The competent authority shall ensure that the provisions of this Act

and the requirements of the Directive are complied with.

(3) For the purposes of subsection (2) the competent may by written

Direction require the person to whom the notice is addressed to comply with

its terms.

(4) A Direction under subsection (3) may require the performance of an

act where this Act or the Directive require that it be done by the competent

authority or otherwise.

Administrative penalties.

19.(1) A person who without reasonable excuse fails to comply with a

Direction issued under section 18(3) may, after being given an opportunity

to be heard, be liable to an administrative penalty.

(2) An administrative penalty imposed under subsection (1) shall have

regard–

(a) to the nature of the breach and the effects of that breach;

(b) to the need for it to be proportionate, effective and dissuasive.

(3) An administrative penalty issued under this section may not exceed

the sum equivalent to the sum that a Court may impose under level 5 of the

standard scale of fines.

Appeals.

20.(1) A person who is aggrieved by–

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(a) a Direction under section 18(3);

(b) the imposition of an administrative penalty, or

may appeal to the Magistrates’ Court within 21 days from the date of the

penalty.

(2) The Magistrates’ Court may after considering the matter, uphold,

quash or amend the administrative penalty as it deems fit.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 1

Repealed

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 2

Sections 2 and 14(7)(a)

GENERAL PRINCIPLES FOR THE CALCULATION OF

ELECTRICITY FROM COGENERATION

Part I

General principles

Values used for calculation of electricity from cogeneration shall be

determined on the basis of the expected or actual operation of the unit under

normal conditions of use. For micro- cogeneration units the calculation may

be based on certified values.

1. Electricity production from cogeneration shall be considered equal to

total annual electricity production of the unit measured at the outlet of the

main generators–

(a) in cogeneration units of types (b), (d), (e), (f), (g) and (h)

referred to in Part II with an annual overall efficiency set by the

competent authority at a level of at least 75%; and

(b) in cogeneration units of types (a) and (c) referred to in Part II

with an annual overall efficiency set by the competent authority

at a level of at least 80%.

2. In cogeneration units with an annual overall efficiency below the

value referred to in paragraph 1(a) above (cogeneration units of types (b),

(d), (e), (f), (g), and (h) referred to in Part II) or with an annual overall

efficiency below the value referred to in paragraph 1(b) above (cogeneration

units of types (a) and (c) referred to in Part II) cogeneration is calculated

according to the following formula:

ECHP=HCHP*C

where:

ECHP is the amount of electricity from cogeneration;

C is the power-to-heat ratio;

HCHP is the amount of useful heat from cogeneration (calculated for this

purpose as total heat production minus any heat produced in separate

boilers or by live steam extraction from the steam generator before the

turbine).

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

The calculation of electricity from cogeneration must be based on the actual

power-to-heat ratio. If the actual power-to-heat ratio of a cogeneration unit

is not known, the following default values may be used, in particular for

statistical purposes, for units of types (a), (b), (c), (d) and (e) referred to in

Part II provided that the calculated cogeneration electricity is less or equal to

total electricity production of the unit:

Type of the unit

Default power to heat ratio, C

Combined cycle gas turbine with heat recovery

0,95

Steam back pressure turbine 0,45

Steam condensing extraction turbine

0,45

Gas turbine with heat recovery 0,55

Internal combustion engine 0,75

If the competent authority introduces default values for power-to-heat ratios

for units of types (f), (g), (h), (i), (j) and (k) referred to in Part II, such

default values shall be published and shall be notified to the European

Commission.

3. If a share of the energy content of the fuel input to the cogeneration

process is recovered in chemicals and recycled this share can be subtracted

from the fuel input before calculating the overall efficiency used in

paragraphs 1 and 2 above.

4 The competent authority may determine the power-to-heat ratio as the

ratio of electricity to useful heat when operating in cogeneration mode at a

lower capacity using operational data of the specific unit.

5. The competent authority may use other reporting periods than one year

for the purpose of the calculations according to paragraphs 1 and 2 above.

Part II

Cogeneration technologies covered by this Act

(a) Combined cycle gas turbine with heat recovery

(b) Steam back pressure turbine

(c) Steam condensing extraction turbine

(d) Gas turbine with heat recovery

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(e) Internal combustion engine

(f) Microturbines

(g) Stirling engines

(h) Fuel cells

(i) Steam engines

(j) Organic Rankine cycles

(k) Any other type of technology or combination thereof falling

within the meaning of “cogeneration” as defined by section 2.

When implementing and applying the general principles for the calculation

of electricity from cogeneration, the competent authority shall use the

detailed Guidelines established by Commission Decision 2008/952/EC of

19 November 2008 establishing detailed guidelines for the implementation

and application of Annex II to Directive 2004/8/EC of the European

Parliament and of the Council.”.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 3

Repealed

SCHEDULE 4

Repealed

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 5

Section 17

INDICATIVE LIST OF ENERGY CONVERSION MARKETS AND

SUB-MARKETS FOR WHICH BENCHMARKS CAN BE WORKED

OUT

1. The market for household appliances/information technology and

lighting

1.1. Kitchen appliances (white goods);

1.2. Entertainment/information technology;

1.3. Lighting.

2. The market for domestic heating technology

2.1. Heating;

2.2. Hot-water provision;

2.3. Air conditioning;

2.4. Ventilation;

2.5. Heat insulation;

2.6. Windows.

3. The market for industrial ovens.

4. The market for motorised power in industry.

5. The market for public-sector institutions

5.1. Schools/public administration;

5.2. Hospitals;

5.3. Swimming pools;

5.4. Street lighting.

6. The market for transport services.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 6

Sections 2, 13B(17), 14(7)

METHODOLOGY FOR DETERMINING THE EFFICIENCY OF

THE COGENERATION PROCESS

Values used for calculation of efficiency of cogeneration and primary energy

savings shall be determined on the basis of the expected or actual operation

of the unit under normal conditions of use.

1.High-efficiency cogeneration

For the purpose of this Act high-efficiency cogeneration shall fulfil the

following criteria–

(a) cogeneration production from cogeneration units shall provide

primary energy savings calculated according to paragraph 2 of

at least 10 % compared with the references for separate

production of heat and electricity; and

(b) production from small-scale and micro-cogeneration units

providing primary energy savings may qualify as high-

efficiency cogeneration.

2. Calculation of primary energy savings

The amount of primary energy savings provided by cogeneration production

defined in accordance with Schedule 2 shall be calculated on the basis of the

following formula–

Where:

PES is primary energy savings.

CHP Hη is the heat efficiency of the cogeneration production defined as

annual useful heat output divided by the fuel input used to produce the sum

of useful heat output and electricity from cogeneration.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

Ref Hη is the efficiency reference value for separate heat production.

CHP Eη is the electrical efficiency of the cogeneration production defined as

annual electricity from cogeneration divided by the fuel input used to

produce the sum of useful heat output and electricity from cogeneration.

Where a cogeneration unit generates mechanical energy, the annual

electricity from cogeneration may be increased by an additional element

representing the amount of electricity which is equivalent to that of

mechanical energy. This additional element does not create a right to issue

guarantees of origin in accordance with section 13B(17).

Ref Eη is the efficiency reference value for separate electricity production.

3. Calculations of energy savings using alternative calculation

The competent authority may calculate primary energy savings from a

production of heat and electricity and mechanical energy as indicated below

without applying Schedule 2 to exclude the non-cogenerated heat and

electricity parts of the same process. Such a production can be regarded as

high-efficiency cogeneration provided it fulfils the efficiency criteria in

paragraph 1 of this Schedule and, for cogeneration units with an electrical

capacity larger than 25 MW, the overall efficiency is above 70%. However,

specification of the quantity of electricity from cogeneration produced in

such a production, for issuing a guarantee of origin and for statistical

purposes, shall be determined in accordance with Schedule 2.

If primary energy savings for a process are calculated using alternative

calculation as indicated above the primary energy savings shall be calculated

using the formula in paragraph 2 of this Schedule replacing: "CHP Hη" with

“Hη” and “CHP Eη” with “Eη”, where:

Hη shall mean the heat efficiency of the process, defined as the annual heat

output divided by the fuel input used to produce the sum of heat output and

electricity output.

Eη shall mean the electricity efficiency of the process, defined as the annual

electricity output divided by the fuel input used to produce the sum of heat

output and electricity output. Where a cogeneration unit generates

mechanical energy, the annual electricity from cogeneration may be

increased by an additional element representing the amount of electricity

which is equivalent to that of mechanical energy. This additional element

will not create a right to issue guarantees of origin in accordance with

section 13B (17).

4. The competent authority may use other reporting periods than one year

for the purpose of the calculations according to paragraphs 2 and 3 of this

Schedule.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

5. For micro-cogeneration units the calculation of primary energy savings

may be based on certified data.

6. Efficiency reference values for separate production of heat and electricity

The harmonised efficiency reference values shall consist of a matrix of

values differentiated by relevant factors, including year of construction and

types of fuel, and must be based on a well-documented analysis taking, inter

alia, into account data from operational use under realistic conditions, fuel

mix and climate conditions as well as applied cogeneration technologies.

The efficiency reference values for separate production of heat and

electricity in accordance with the formula set out in paragraph 2 shall

establish the operating efficiency of the separate heat and electricity

production that cogeneration is intended to substitute.

The efficiency reference values shall be calculated according to the

following principles–

A. For cogeneration units the comparison with separate electricity

production shall be based on the principle that the same fuel

categories are compared.

B. Each cogeneration unit shall be compared with the best

available and economically justifiable technology for separate

production of heat and electricity on the market in the year of

construction of the cogeneration unit.

C. The efficiency reference values for cogeneration units older

than 10 years of age shall be fixed on the reference values of

units of 10 years of age.

D. The efficiency reference values for separate electricity

production and heat production shall reflect the climatic

differences between Member States.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 6

Section 8(1)

ENERGY EFFICIENCY REQUIREMENTS FOR PURCHASING

PRODUCTS, SERVICES AND BUILDINGS BY GOVERNMENT

Where the Government purchases products, services or buildings, insofar as

this is consistent with cost-effectiveness, economical feasibility, wider

sustainability, technical suitability, as well as sufficient competition, shall–

(a) where a product is covered by a delegated act adopted under

Directive 2010/30/EU or by a related Commission

implementing directive, purchase only the products that comply

with the criterion of belonging to the highest energy efficiency

class possible in the light of the need to ensure sufficient

competition;

(b) purchase office equipment products covered by Council

Decision 2006/1005/EC of 18 December 2006 concerning

conclusion of the Agreement between the Government of the

United States of America and the European Community on the

coordination of energy-efficiency labelling programmes for

office equipment that comply with energy efficiency

requirements not less demanding than those listed in Annex C

to the Agreement attached to that Decision;

(c) purchase only tyres that comply with the criterion of having the

highest fuel energy efficiency class, as defined by Regulation

(EC) No 1222/2009 of the European Parliament and of the

Council of 25 November 2009 on the labelling of tyres with

respect to fuel efficiency and other essential parameters. This

requirement shall not prevent public bodies from purchasing

tyres with the highest wet grip class or external rolling noise

class where justified by safety or public health reasons;

(d) require in their tenders for service contracts that service

providers use, for the purposes of providing the services in

question, only products that comply with the requirements

referred to in points (a) to (d), when providing the services in

question. This requirement shall apply only to new products

purchased by service providers partially or wholly for the

purpose of providing the service in question;

(e) purchase, or make new rental agreements for, only buildings

that comply at least with the minimum energy performance

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

requirements referred to in section 7(1) to (6) unless the

purpose of the purchase is–

(i) to undertake deep renovation or demolition;

(ii) in the case of public bodies, to re-sell the building

without using it for public body’s own purposes; or

(iii) to preserve it as a building officially protected as part of

a designated environment, or because of its special

architectural or historical merit.

Compliance with these requirements shall be verified by means of the

energy performance certificates referred to in regulation 12 of the

Environment (Energy Performance of Buildings) Regulations 2012.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 7

Sections 9(8) and (20) and 13I

ENERGY CONTENT OF SELECTED FUELS FOR END USE –

CONVERSION TABLE

Energy commodity kj (NCV) kgoe (NCV) kWh

(NCV)

1 kg coke

28 500

0,676

7,917

1 kg hard coal

17 200 — 30 700

0,411 — 0,733

4,778 — 8,528

1 kg brown coal briquettes

20 000

0,478

5,556

1 kg black lignite

10 500 — 21 000

0,251 — 0,502

2,917 — 5,833

1 kg brown coal

5 600 — 10 500

0,134 — 0,251

1,556 — 2,917

1 kg oil shale

8 000 — 9 000

0,191 — 0,215

2,222 — 2,500

1 kg peat

7 800 — 13 800

0,186 — 0,330

2,167 — 3,833

1 kg peat briquettes

16 000 — 16 800

0,382 — 0,401

4,444 — 4,667

1 kg residual fuel oil (heavy

oil)

40 000

0,955

11,111

1 kg light fuel oil

42 300

1,010

11,750

1 kg motor spirit (petrol)

44 000

1,051

12,222

1 kg paraffin

40 000

0,955

11,111

1 kg liquefied petroleum gas

46 000

1,099

12,778

1 kg natural gas (1)

47 200

1,126

13,10

1 kg liquefied natural gas

45 190

1,079

12,553

1 kg wood (25 % humidity)

(2)

13 800

0,330

3,833

1 kg pellets/wood bricks

16 800

0,401

4,667

1 kg waste

7 400 — 10 700

0,177 — 0,256

2,056 — 2,972

1 MJ derived heat

1 000

0,024

0,278

1 kWh electrical energy

3 600

0,086

1 (3)

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

Source: Eurostat.

(1) 93% methne.

(2) The competent authority may apply other values depending on the type of wood most used in the respective

Member State.

(3) Applicable when energy savings are calculated in primary energy terms using a bottom-up approach based on

final energy consumption. For savings in kWh electricity the competent authority may apply a default coefficient

of 2,5. The competent authority may apply a different coefficient provided they can justify it.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 8

Section 9 (10),(19) and (21).

Common methods and principles for calculating the impact of energy

efficiency obligations schemes or other policy measures under section

9(1) to (4) and (16) to (20) and section 13H(2)(c)

Methods for calculating energy savings for the purposes of section 9(1) to

(4) and paragraphs (b), (c), (d), (e) and (f) of subsection (18) and section

13H(2)(c).

Obligated, participating or entrusted parties or implementing public

authorities may use one or more of the following methods for calculating

energy savings:

(a) deemed savings, by reference to the results of previous

independently monitored energy improvements in similar

installations. The generic approach is termed “ex-ante”;

(b) metered savings, whereby the savings from the installation of a

measure, or package of measures, is determined by recording

the actual reduction in energy use, taking due account of factors

such as additionality, occupancy, production levels and the

weather which may affect consumption. The generic approach

is termed “ex-post”;

(c) scaled savings, whereby engineering estimates of savings are

used. This approach may only be used where establishing

robust measured data for a specific installation is difficult or

disproportionately expensive, e.g. replacing a compressor or

electric motor with a different kWh rating than that for which

independent information on savings has been measured, or

where they are carried out on the basis of nationally established

methodologies and benchmarks by qualified or accredited

experts that are independent of the obligated, participating or

entrusted parties involved;

(d) surveyed savings, where consumers’ response to advice,

information campaigns, labelling or certification schemes, or

smart metering is determined. This approach may only be used

for savings resulting from changes in consumer behaviour. It

may not be used for savings resulting from the installation of

physical measures.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

2. In determining the energy saving for an energy efficiency measure for the

purposes of section 9(1) to (4) and paragraphs (b), (c), (d), (e) and (f) of

subsection (18) and section 14(2)(c) the following principles shall apply–

(a) credit may only be given for savings exceeding the levels of

European Union emission performance standards for new

passenger cars and new light commercial vehicles following

the implementation of Regulation (EC) No 443/2009 of the

European Parliament and of the Council of 23 April 2009

setting emission performance standards for new passenger cars

as part of the Community’s integrated approach to reduce CO2

emissions from light-duty vehicles and Regulation (EU) No

510/2011 of the European Parliament and of the Council of 11

May 2011 setting emission performance standards for new light

commercial vehicles as part of the Union’s integrated approach

to reduce CO2 emissions from light-duty vehicles, respectively;

(b) to account for climatic variations between regions, the

competent authority may choose to adjust the savings to a

standard value or to accord different energy savings in

accordance with the temperature variations between regions;

(c) the activities of the obligated, participating or entrusted party

must be demonstrably material to the achievement of the

claimed savings;

(d) savings from an individual action may not be claimed by more

than one party;

(e) calculation of energy savings shall take into account the

lifetime of savings. This may be done by counting the savings

each individual action will achieve between its implementation

date and 31 December 2020. Alternatively, the competent

authority may adopt another method that is estimated to

achieve at least the same total quantity of savings. When using

other methods, the competent authority shall ensure that the

total amount of energy savings calculated with these other

methods does not exceed the amount of energy savings that

would have been the result of their calculation when counting

the savings each individual action will achieve between its

implementation date and 31 December 2020. The competent

authority shall describe in detail in their first Energy Efficiency

Action Plan of Gibraltar according to Schedule 17 to this Act,

which other methods they have used and which provisions have

been made to ensure this binding calculation requirement; and

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(f) actions by obligated, participating or entrusted parties, either

individually or together, which aim to result in lasting

transformation of products, equipment, or markets to a higher

level of energy efficiency are permitted; and

(g) in promoting the uptake of energy efficiency measures, the

competent authority shall ensure that quality standards for

products, services and installation of measures are maintained.

Where such standards do not exist, the competent authority

shall work with obligated, participating or entrusted parties to

introduce them.

3. In determining the energy saving from policy measures applied under

section 9(18)(a) the following principles shall apply:

(a) credit shall only be given for energy savings from taxation

measures exceeding the minimum levels of taxation applicable

to fuels as required in Council Directive 2003/96/EC of 27

October 2003 restructuring the Community framework for the

taxation of energy products and electricity;

(b) recent and representative official data on price elasticities shall

be used for calculation of the impact; and

(c) the energy savings from accompanying taxation policy

instruments, including fiscal incentives or payment to a fund,

shall be accounted separately.

4. Notification of methodology

The competent authority shall as soon as is reasonably practicable ensure

that the European Commission is notified of the proposed detailed

methodology for operation of the energy efficiency obligation schemes and

for the purposes of section 9(16) to (20) and section 14(2)(c). Except in the

case of taxes, such notification shall include details of–

(a) obligated, participating or entrusted parties, or implementing

public authorities;

(b) target sectors;

(c) the level of the energy saving target or expected savings to be

achieved over the whole and intermediate periods;

(d) the duration of the obligation period and intermediate periods;

(e) eligible measure categories;

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(f) calculation methodology, including how additionality and

materiality are to be determined and which methodologies and

benchmarks are used for engineering estimates;

(g) lifetimes of measures;

(h) approach taken to address climatic variations within Gibraltar;

(i) quality standards;

(j) monitoring and verification protocols and how the

independence of these from the obligated, participating or

entrusted parties is ensured;

(k) audit protocols; and

(l) how the need to fulfil the requirement in section 9(2) is taken

into account.

In the case of taxes, the notification shall include details of

(a) target sectors and segment of taxpayers;

(b) implementing public authority;

(c) expected savings to be achieved;

(d) duration of the taxation measure and intermediate periods; and

(e) calculation methodology, including which price elasticities are

used.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 9

Section 10

Minimum criteria for energy audits including those carried out as part

of energy management systems

The energy audits referred to in section 10 shall be based on the following

guidelines–

(a) be based on up-to-date, measured, traceable operational data on

energy consumption and (for electricity) load profiles;

(b) comprise a detailed review of the energy consumption profile

of buildings or groups of buildings, industrial operations or

installations, including transportation;

(c) build, whenever possible, on life-cycle cost analysis (LCCA)

instead of Simple Payback Periods (SPP) in order to take

account of long-term savings, residual values of long-term

investments and discount rates;

(d) be proportionate, and sufficiently representative to permit the

drawing of a reliable picture of overall energy performance and

the reliable identification of the most significant opportunities

for improvement.

Energy audits shall allow detailed and validated calculations for the

proposed measures so as to provide clear information on potential savings.

The data used in energy audits shall be storable for historical analysis and

tracking performance.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 10

Section 12

Minimum requirements for billing and billing information based on

actual consumption

1. Minimum requirements for billing

1.1. Billing based on actual consumption

In order to enable final customers to regulate their own energy consumption,

billing should take place on the basis of actual consumption at least once a

year, and billing information should be made available at least quarterly, on

request or where the consumers have opted to receive electronic billing or

else twice yearly. Gas used only for cooking purposes may be exempted

from this requirement.

1.2. Minimum information contained in the bill

The competent authority must ensure that, where appropriate, the following

information is made available to final customers in clear and understandable

terms in or with their bills, contracts, transactions, and receipts at

distribution stations–

(a) current actual prices and actual consumption of energy;

(b) comparisons of the final customer’s current energy

consumption with consumption for the same period in the

previous year, preferably in graphic form;

(c) contact information for final customers’ organisations, energy

agencies or similar bodies, including website addresses, from

which information may be obtained on available energy

efficiency improvement measures, comparative end-user

profiles and objective technical specifications for energy-using

equipment.

In addition, wherever possible and useful, the competent

authority must ensure that comparisons with an average

normalised or benchmarked final customer in the same user

category are made available to final customers in clear and

understandable terms, in, with or signposted to within, their

bills, contracts, transactions, and receipts at distribution

stations.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

1.3. Advice on energy efficiency accompanying bills and other feedback to

final customers

When sending contracts and contract changes, and in the bills customers

receive or through websites addressing individual customers, energy

distributors, distribution system operators and retail energy sales companies

shall inform their customers in a clear and understandable manner of contact

information for independent consumer advice centres, energy agencies or

similar institutions, including their internet addresses, where they can obtain

advice on available energy efficiency measures, benchmark profiles for their

energy consumption and technical specifications of energy using appliances

that can serve to reduce the consumption of these appliances.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 11

Section 13B(1)

Potential for efficiency in heating and cooling

1. The comprehensive assessment of heating and cooling potentials referred

to in section 13B(1) and (2) shall include–

(a) a description of heating and cooling demand;

(b) a forecast of how this demand will change in the next 10 years,

taking into account in particular the evolution of demand in

buildings and the different sectors of industry;

(c) a map of Gibraltar, identifying, while preserving commercially

sensitive information:

(i) heating and cooling demand points, including:

- municipalities and conurbations with a plot

ratio of at least 0,3, and

- industrial zones with a total annual heating and

cooling consumption of more than 20 GWh;

(ii) existing and planned district heating and cooling

infrastructure;

(iii) potential heating and cooling supply points, including:

- electricity generation installations with a total

annual electricity production of more than 20

GWh, and

- waste incineration plants,

- existing and planned cogeneration installations

using technologies referred to in Part II of

Schedule 2, and district heating installations;

(d) identification of the heating and cooling demand that could be

satisfied by high-efficiency cogeneration, including residential

micro-cogeneration, and by district heating and cooling;

(e) identification of the potential for additional high-efficiency

cogeneration, including from the refurbishment of existing and

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

the construction of new generation and industrial installations

or other facilities generating waste heat;

(f) identification of energy efficiency potentials of district heating

and cooling infrastructure;

(g) strategies, policies and measures that may be adopted up to

2020 and up to 2030 to realise the potential in paragraph (e) in

order to meet the demand in paragraph (d), including, where

appropriate, proposals to–

(i) increase the share of cogeneration in heating and cooling

production and in electricity production;

(ii) develop efficient district heating and cooling

infrastructure to accommodate the development of high-

efficiency cogeneration and the use of heating and

cooling from waste heat and renewable energy sources;

(iii) encourage new thermal electricity generation

installations and industrial plants producing waste heat to

be located in sites where a maximum amount of the

available waste heat will be recovered to meet existing or

forecasted heat and cooling demand;

(iv) encourage new residential zones or new industrial plants

which consume heat in their production processes to be

located where available waste heat, as identified in the

comprehensive assessment, can contribute to meeting

their heat and cooling demands. This could include

proposals that support the clustering of a number of

individual installations in the same location with a view

to ensuring an optimal matching between demand and

supply for heat and cooling;

(v) encourage thermal electricity generating installations,

industrial plants producing waste heat, waste incineration

plants and other waste-to-energy plants to be connected

to the local district heating or cooling network;

(vi) encourage residential zones and industrial plants which

consume heat in their production processes to be

connected to the local district heating or cooling

network;

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(h) the share of high-efficiency cogeneration and the potential

established and progress achieved under the Electricity (High

Efficiency Cogeneration) Regulations 2010;

(i) an estimate of the primary energy to be saved;

(j) an estimate of public support measures to heating and cooling,

if any, with the annual budget and identification of the potential

aid element. This does not prejudge a separate notification of

the public support schemes for a State aid assessment.

2. To the extent appropriate, the comprehensive assessment may be made

up of an assembly of regional or local plans and strategies.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 12

Section 13B

COST-BENEFIT ANALYSIS

Part 1

General principles of the cost-benefit analysis

The purpose of preparing cost-benefit analyses in relation to measures for

promoting efficiency in heating and cooling as referred to in section 13B(4)

is to provide a decision base for qualified prioritisation of limited resources

at society level.

The cost-benefit analysis may either cover a project assessment or a group

of projects for a broader assessment in order to establish the most cost-

effective and beneficial heating or cooling option for a given geographical

area for the purpose of heat planning.

Cost-benefit analyses for the purposes of section 13B(4) shall include an

economic analysis covering socio-economic and environmental factors.

The cost-benefit analyses shall include the following steps and

considerations:

(a) Establishing a system boundary and geographical boundary

The scope of the cost-benefit analyses in question determines

the relevant energy system. The geographical boundary shall

cover a suitable well-defined geographical area, e.g. a given

region or metropolitan area, to avoid selecting sub-optimised

solutions on a project by project basis.

(b) Integrated approach to demand and supply options

The cost-benefit analysis shall take into account all relevant

supply resources available within the system and geographical

boundary, using the data available, including waste heat from

electricity generation and industrial installations and renewable

energy, and the characteristics of, and trends in heat and

cooling demand.

(c) Constructing a baseline

The purpose of the baseline is to serve as a reference point, to

which the alternative scenarios are evaluated.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(d) Identifying alternative scenarios

All relevant alternatives to the baseline shall be considered.

Scenarios that are not feasible due to technical reasons,

financial reasons, regulation or time constraints may be

excluded at an early stage of the cost-benefit analysis if

justified based on careful, explicit and well-documented

considerations.

Only high-efficiency cogeneration, efficient district heating and

cooling or efficient individual heating and cooling supply

options should be taken into account in the cost-benefit

analysis as alternative scenarios compared to the baseline.

(e) Method for the calculation of cost-benefit surplus–

(i) The total long-term costs and benefits of heat or cooling

supply options shall be assessed and compared.

(ii) The criterion for evaluation shall be the net present value

(NPV) criterion.

(iii) The time horizon shall be chosen such that all relevant

costs and benefits of the scenarios are included. For

example, for a gas-fired power plant an appropriate time

horizon could be 25 years, for a district heating system,

30 years, or for heating equipment such as boilers 20

years.

(f) Calculation and forecast of prices and other assumptions for the

economic analysis–

(i) The competent authority must provide assumptions, for

the purpose of the cost-benefit analyses, on the prices of

major input and output factors and the discount rate.

(ii) The discount rate used in the economic analysis for the

calculation of net present value shall be chosen according

to European or Gibraltar’s guidelines. (The discount rate

chosen for the purpose of economic analysis should take

into account data provided by the European Central

Bank).

(iii) The competent authority must use it’s own, European or

international energy price development forecasts.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(iv) The prices used in the economic analysis shall reflect the

true socio economic costs and benefits and should

include external costs, such as environmental and health

effects, to the extent possible, i.e. when a market price

exists or when it is already included in European or

Gibraltar regulation.

(g) Economic analysis: Inventory of effects

The economic analyses shall take into account all relevant

economic effects.

The competent authority may assess and take into account in

decision making costs and energy savings from the increased

flexibility in energy supply and from a more optimal operation

of the electricity networks, including avoided costs and savings

from reduced infrastructure investment, in the analysed

scenarios.

The costs and benefits taken into account shall include at least

the following:

(i) Benefits

- Value of output to the consumer (heat and

electricity)

- External benefits such as environmental and

health benefits, to the extent possible (ii) Costs

- Capital costs of plants and equipment

- Capital costs of the associated energy networks

- Variable and fixed operating costs

- Energy costs

- Environmental and health cost, to the extent

possible

(h) Sensitivity analysis:

A sensitivity analysis shall be included to assess the costs and benefits of a

project or group of projects based on different energy prices, discount rates

and other variable factors having a significant impact on the outcome of the

calculations.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

The competent authority must designate the competent authorities

responsible for carrying out the cost-benefit analyses under section 13B. The

competent authority may require the relevant authorities or operators of

individual installations to carry out the economic and financial analysis.

They shall provide the detailed methodologies and assumptions in

accordance with this Schedule and establish and make public the procedures

for the economic analysis.

Part 2

Principles for the purpose of section 13B(8), (9), (10) and (14)

The cost-benefit analyses shall provide information for the purpose of the

measures mentioned in section 13B(8), (9), (10) and (14)–

If an electricity-only installation or an installation without heat

recovery is planned, a comparison shall be made between the

planned installations or the planned refurbishment and an

equivalent installation producing the same amount of electricity

or process heat, but recovering the waste heat and supplying

heat through high-efficiency cogeneration and/or district

heating and cooling networks.

Within a given geographical boundary the assessment shall

take into account the planned installation and any appropriate

existing or potential heat demand points that could be supplied

from it, taking into account rational possibilities (for example,

technical feasibility and distance).

The system boundary shall be set to include the planned

installation and the heat loads, such as building(s) and

industrial process. Within this system boundary the total cost of

providing heat and power shall be determined for both cases

and compared.

Heat loads shall include existing heat loads, such as an

industrial installation or an existing district heating system, and

also, in urban areas, the heat load and costs that would exist if a

group of buildings or part of a city were provided with and/or

connected into a new district heating network.

The cost-benefit analysis shall be based on a description of the

planned installation and the comparison installation(s),

covering electrical and thermal capacity, as applicable, fuel

type, planned usage and the number of planned operating hours

annually, location and electricity and thermal demand.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

For the purpose of the comparison, the thermal energy demand

and the types of heating and cooling used by the nearby heat

demand points shall be taken into account. The comparison

shall cover infrastructure related costs for the planned and

comparison installation.

Cost-benefit analyses for the purposes of Article 14(5) shall

include an economic analysis covering a financial analysis

reflecting actual cash flow transactions from investing in and

operating individual installations.

Projects with positive cost-benefit outcome are those where the

sum of discounted benefits in the economic and financial

analysis exceeds the sum of discounted costs (cost-benefit

surplus).

The competent authority must shall set guiding principles for

the methodology, assumptions and time horizon for the

economic analysis.

The competent authority may require that the companies

responsible for the operation of thermal electric generation

installations, industrial companies, district heating and cooling

networks, or other parties influenced by the defined system

boundary and geographical boundary, contribute data for use in

assessing the costs and benefits of an individual installation.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 13

Section 13B (18)

Guarantee of origin for electricity produced from high-efficiency

cogeneration

1. The competent authority shall take measures to ensure that-

(a) the guarantee of origin of the electricity produced from high-

efficiency cogeneration:

(i) enable producers to demonstrate that the electricity they

sell is produced from high-efficiency cogeneration and is

issued to this effect in response to a request from the

producer,

(ii) is accurate, reliable and fraud-resistant,

(iii) is issued, transferred and cancelled electronically;

(b) the same unit of energy from high-efficiency cogeneration is

taken into account only once.

2. The guarantee of origin referred to in section 13B(17 to (20) shall contain

at least the following information–

(a) the identity, location, type and capacity (thermal and electrical)

of the installation where the energy was produced;

(b) the dates and places of production;

(c) the lower calorific value of the fuel source from which the

electricity was produced;

(d) the quantity and the use of the heat generated together with the

electricity;

(e) the quantity of electricity from high-efficiency cogeneration in

accordance with Schedule 5 that the guarantee represents;

(f) the primary energy savings calculated in accordance with

Schedule 5 based on the harmonised efficiency reference

values indicated in paragraph (f) of Schedule 5;

(g) the nominal electric and thermal efficiency of the plant;

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(h) whether and to what extent the installation has benefited from

investment support;

(i) whether and to what extent the unit of energy has benefited in

any other way from a support scheme, and the type of support

scheme;

(j) the date on which the installation became operational; and

(k) the date and country of issue and a unique identification

number.

The guarantee of origin shall be of the standard size of 1 MWh. It shall

relate to the net electricity output measured at the station boundary and

exported to the grid.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 14

Section 13C(3)

Energy efficiency criteria for energy network regulation and for

electricity network tariffs

1. Network tariffs shall be cost-reflective of cost-savings in networks

achieved from demand-side and demand- response measures and distributed

generation, including savings from lowering the cost of delivery or of

network investment and a more optimal operation of the network.

2. Network regulation and tariffs shall not prevent network operators or

energy retailers making available system services for demand response

measures, demand management and distributed generation on organised

electricity markets, in particular:

(a) the shifting of the load from peak to off-peak times by final

customers taking into account the availability of renewable

energy, energy from cogeneration and distributed generation;

(b) energy savings from demand response of distributed consumers

by energy aggregators;

(c) demand reduction from energy efficiency measures undertaken

by energy service providers, including energy service

companies;

(d) the connection and dispatch of generation sources at lower

voltage levels;

(e) the connection of generation sources from closer location to the

consumption; and

(f) the storage of energy.

For the purposes of this provision the term "organised electricity markets"

shall include over-the-counter markets and electricity exchanges for trading

energy, capacity, balancing and ancillary services in all timeframes,

including forward, day-ahead and intra-day markets.

3. Network or retail tariffs may support dynamic pricing for demand

response measures by final customers, such as:

(a) time-of-use tariffs;

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(b) critical peak pricing;

(c) real time pricing; and

(d) peak time rebates.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 15

13C(10)

ENERGY EFFICIENCY REQUIREMENTS FOR TRANSMISSION

SYSTEM OPERATORS AND DISTRIBUTION SYSTEM

OPERATORS

Transmission system operators and distribution system operators shall–

(a) set up and make public their standard rules relating to the

bearing and sharing of costs of technical adaptations, such as

grid connections and grid reinforcements, improved operation

of the grid and rules on the non-discriminatory implementation

of the grid codes, which are necessary in order to integrate new

producers feeding electricity produced from high-efficiency

cogeneration into the interconnected grid;

(b) provide any new producer of electricity produced from high-

efficiency cogeneration wishing to be connected to the system

with the comprehensive and necessary information required,

including:

(i) a comprehensive and detailed estimate of the costs

associated with the connection;

(ii) a reasonable and precise timetable for receiving and

processing the request for grid connection;

(iii) a reasonable indicative timetable for any proposed grid

connection. The overall process to become connected to

the grid should be no longer than 24 months, bearing in

mind what is reasonably practicable and non-

discriminatory;

(c) provide standardised and simplified procedures for the

connection of distributed high-efficiency cogeneration

producers to facilitate their connection to the grid.

The standard rules referred to in paragraph (a) shall be based on objective,

transparent and non-discriminatory criteria taking particular account of all

the costs and benefits associated with the connection of those producers to

the grid. They may provide for different types of connection.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 16

Section 13F(1)

Minimum items to be included in energy performance contracts with

the public sector or in the associated tender specifications

1. Clear and transparent list of the efficiency measures to be

implemented or the efficiency results to be obtained.

2. Guaranteed savings to be achieved by implementing the measures

of the contract.

3. Duration and milestones of the contract, terms and period of

notice.

4. Clear and transparent list of the obligations of each contracting

party.

5. Reference date(s) to establish achieved savings.

6. Clear and transparent list of steps to be performed to implement a

measure or package of measures and, where relevant, associated

costs.

7. Obligation to fully implement the measures in the contract and

documentation of all changes made during the project.

8. Regulations specifying the inclusion of equivalent requirements in

any subcontracting with third parties.

9. Clear and transparent display of financial implications of the

project and distribution of the share of both parties in the monetary

savings achieved (i.e. remuneration of the service provider).

10. Clear and transparent provisions on measurement and

verification of the guaranteed savings achieved, quality checks and

guarantees.

11. Provisions clarifying the procedure to deal with changing

framework conditions that affect the content and the outcome of the

contract (i.e. changing energy prices, use intensity of an installation).

12. Detailed information on the obligations of each of the

contracting party and of the penalties for their breach.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

SCHEDULE 17

Section 14

GENERAL FRAMEWORK FOR REPORTING

Part 1

General framework for annual reports

The annual reports referred to in section 14 (1) and (2) provides a basis for

the monitoring of the progress towards Gibraltar’s 2020 targets. The

competent authority must ensure that the reports include the following

minimum information–

(a) an estimate of following indicators in the year before last (year

X 1 - 2):

(i) primary energy consumption;

(ii) total final energy consumption;

(iii) final energy consumption by sector–

A. industry

B. transport (split between passenger and freight

transport, if available)

C. households

D. services;

(iv) gross value added by sector–

A. industry

B. services;

(v) disposable income of households;

(vi) gross domestic product (GDP);

(vii) electricity generation from thermal power generation;

(viii) electricity generation from combined heat and power;

1 X= current year.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(ix) heat generation from thermal power generation;

(x) heat generation from combined heat and power plants,

including industrial waste heat;

(xi) fuel input for thermal power generation;

(xii) passenger kilometres (pkm), if available;

(xiii) tonne kilometres (tkm), if available;

(xiv) combined transport kilometres (pkm + tkm), in case (xii)

and (xiii) are not available;

(xv) population.

In sectors where energy consumption remains stable or is growing, the

competent authority must analyse the reasons for it and attach their appraisal

to the estimates.

The second and subsequent reports shall also include points (b) to (e)–

(b) updates on major legislative and non-legislative measures

implemented in the previous year which contribute towards the

overall energy efficiency targets for 2020;

(c) the total building floor area of the buildings with a total useful

floor area over 500 m2 and as of 9 July 2015 over 250 m2

owned and occupied by the Government that, on 1 January of

the year in which the report is due, did not meet the energy

performance requirements referred to in section 7;

(d) the total building floor area of heated or cooled or both

buildings owned and occupied by the Government that was

renovated in the previous year referred to in section 7 (1) to (6)

or the amount of energy savings in eligible buildings owned

and occupied by the Government as referred to in section 7(12)

to (15);

(e) energy savings achieved through the energy efficiency

obligation schemes referred to in section 9(1) to (3) or the

alternative measures adopted in application of section 9(16) to

(20).

The first report shall also include the target referred to in section 5.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

In the annual reports referred to in section 14(1) and (2), the competent

authority may also include additional targets for Gibraltar. These may be

related in particular to the statistical indicators enumerated in paragraph (a)

of this Part or combinations thereof, such as primary or final energy

intensity or sectoral energy intensities.

Part 2

General framework for Energy Efficiency Action Plans of Gibraltar

The Energy Efficiency Action Plans of Gibraltar referred to in section 14(3)

to (5) shall provide a framework for the development of energy efficiency

strategies for Gibraltar.

The Energy Efficiency Action Plans of Gibraltar shall cover significant

energy efficiency improvement measures and expected or achieved energy

savings, including those in the supply, transmission and distribution of

energy as well as energy end-use. The competent authority must ensure that

the Energy Efficiency Action Plans include the following minimum

information–

1. Targets and strategies–

(a) the indicative energy efficiency target for 2020 as

required by section 5,

(b) the indicative energy savings target for Gibraltar set in

section 4(1) of this Act,

(c) other existing energy efficiency targets addressing the

whole economy or specific sectors.

2. Measures and energy savings

The Energy Efficiency Action Plans of Gibraltar shall provide information

on measures adopted or planned to be adopted in view of implementing the

main elements of the Directive and on their related savings.

(a) Primary energy savings

I. The Energy Efficiency Action Plans shall list

significant measures and actions taken towards

primary energy saving in all sectors of the economy.

For every measure or package of measures/actions

estimations of expected savings for 2020 and savings

achieved by the time of the reporting shall be

provided.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

II. Where available, information on other

impacts/benefits of the measures (greenhouse gas

emissions reduction, improved air quality, job

creation, etc.) and the budget for the implementation

should be provided.

(b) Final energy savings

I. The first and second Energy Efficiency Action Plans

shall include the results with regard to the fulfilment

of the final energy savings target set out in section 4.

If calculation or estimation of savings per measure is

not available, sector level energy reduction shall be

shown due to (the combination) of measures.

II. The first and second Energy Efficiency Action Plans

shall also include the measurement or calculation

methodology or both used for calculating the energy

savings. If the "recommended methodology” 2 is

applied, the Energy Efficiency Action Plan should

provide references to this.

3. Specific information related to the Directive–

3.1. Public bodies (section 7)

Energy Efficiency Action Plans shall include the list of

public bodies having developed an energy efficiency plan

in accordance with section 7(15).

3.2. Energy efficiency obligations (section 9)

Energy Efficiency Action Plans shall include the coefficients

chosen in accordance with Schedule 7.

The first Energy Efficiency Action Plan shall include a short

description of the scheme referred to in section 9(1) to

(3) or the alternative measures adopted in application of

section 9(16) to (20).

3.3. Energy audits and management systems (section 10)

Energy Efficiency Action Plans shall include–

2 Recommendations on Measurement and Verification Methods in the framework of the Directive 2006/32/EC on

Energy End-Use Efficiency and Energy Services.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

(a) the number of energy audits carried out in the

previous period;

(b) the number of energy audits carried out in

large enterprises in the previous period;

(c) the number of large companies in their

territory, with an indication of the number of

those to which section (10) and (11) is

applicable.

3.4. Promotion of efficient heating and cooling (section 13B)

Energy Efficiency Action Plans shall include an assessment

of the progress achieved in implementing the

comprehensive assessment referred to in section 13B (1)

and (2).

3.5. Energy transmission and distribution (Section 13C)

The first Energy Efficiency Action Plan and the subsequent

reports due every 10 years thereafter shall include the

assessment made, the measures and investments

identified to utilise the energy efficiency potentials of gas

and electricity infrastructure referred to in section

13C(4).

3.6. The competent authority must report, as part of their

Energy Efficiency Action Plans, on the measures

undertaken to enable and develop demand response as

referred to in section 13C.

3.7. Availability of qualification, accreditation and

certification schemes (section 13D)

Energy Efficiency Action Plans shall include information on

the available qualification, accreditation and certification

schemes or equivalent qualification schemes for the

providers of energy services, energy audits and energy

efficiency improvement measures.

3.8. Energy Services (section 13F)

Energy Efficiency Action Plans shall include an internet link

to the website where the list or the interface of energy

services providers referred to in paragraph (c) of section

13F(1) can be accessible.

Environmental Protection (Energy End-Use Efficiency)

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

2009-28

3.9. Other measures to promote energy efficiency (section

13G)

The first Energy Efficiency Action Plan shall include a list of

the measures referred to in section 13G(1) and (2).”.