Environmental Protection (Energy End-Use Efficiency) Act 2009

Link to law: http://www.gibraltarlaws.gov.gi/articles/2009-28o.pdf
Published: 2010-04-29

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I ASSENT 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)
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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 Repealed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)
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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Repealed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Repealed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Repealed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
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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)
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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;

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“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
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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;
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“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)
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“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
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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)
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(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)
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(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
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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.

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(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);

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(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
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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
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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.

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(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.

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(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.
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(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.
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(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.

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(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
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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.

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(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.

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(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.

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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–
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(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.

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(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.

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(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).

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(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.

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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–

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(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

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(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
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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

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(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;

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(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
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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
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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.
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(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

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(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–
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(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.
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SCHEDULE 1
Repealed

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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).
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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

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(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.”.
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SCHEDULE 3
Repealed
SCHEDULE 4
Repealed

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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.

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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.

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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.
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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.
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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
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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.
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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)

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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.
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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.

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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

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(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;
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(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.
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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.
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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.

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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.
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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
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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;

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(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.
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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.
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(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.

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(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.

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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.

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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.
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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;
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(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.
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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;

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(b) critical peak pricing;

(c) real time pricing; and

(d) peak time rebates.
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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.
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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.
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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.
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(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.

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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.

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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.

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(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.
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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).”.