S.L. 545.17 Art. 33Substitution obligation.

(1) An importer shall release for consumption to the inland fuel market biofuel amounts which are to be used as fuel in all forms of transport which, as a minimum, shall be as provided in the Sixth Schedule, which amounts shall be calculated in accordance with the methodology provided in the same Schedule:

Provided that, the aforesaid obligation shall be incumbent only on the importer who releases for consumption for excise tax purposes the SM EN 228 petrol and SM EN 590 diesel.

(2) The total amount of biofuels to be released for consumption to the inland market shall be calculated using the energy content as listed in the Seventh Schedule:

Provided that for the purposes of sub-regulations (3) and

(4) and the calculation of the energy content of the substituted biofuels, the energy content of biofuels produced from the feedstock listed in Part One and Part Two of the Eighth Schedule shall be considered to be twice its energy content.

(3) The biofuels shall be released for consumption to the inland market pre-blended with the SM EN 228 petrol and, or SM EN 590 diesel, and may also be released pre-blended with fuel supplied to the aviation and maritime sectors.

Provided that for the purposes of SM EN 590 diesel, the fatty acid methyl-ester (FAME) shall be in compliance with SM EN 14214 and the paraffinic diesel shall be in compliance with SM EN 15940 and that for the purpose of SM EN 228 petrol, the bioethanol shall be in compliance with SM EN 15376:

Provided further that the supplier shall be responsible to ensure that the quality of biofuel added to fuel used for marine and aviation purposes shall be in accordance with international and commercial standards, applicable thereto.

(4) Where biofuels are released pre-blended with fuel supplied to the aviation and maritime sectors, for the purposes of this regulation and the calculation of the biofuel amounts as provided for in the Sixth Schedule, fuel supplied to the maritime sector shall be considered to be limited to fuel supplied directly by the importer to vessels engaged in inland and domestic navigation and fuel supplied to the aviation sector shall be considered to be that fuel which is supplied in Malta directly by the importer to aircraft for aviation purposes:

Provided that, fuel supplied to the maritime sector shall only be valid for the calculation of the biofuel amounts as provided for in the Sixth Schedule only when the importer is also the holder of a valid authorisation issued under the Bunkering (Authorisation) Regulations.

(5) The importer referred` to in sub-regulation (1) shall ensure that the minimum biofuel amounts released for consumption to the inland market, as provided for in the Sixth Schedule, are in compliance with the sustainability criteria set out in regulation 3 of the Biofuels, Bioliquids and Biomass Fuels (Sustainability Criteria) Regulations, and shall ensure these are audited and verified according to the provisions of regulation 4 of the same regulations.