422 tal-2010 - Regolamenti tal-2010 dwar it-Tariffi Feed-in (Elettriku Ġenerat minn Stallazzjonijiet Fotovoltajċi tax-Xemx)

L.N. 422 of 2010

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Feed-in Tariffs (Electricity Generated from Solar Photovoltaic

Installations) Regulations, 2010

BY virtue of the powers conferred by articles 28 and 32 of

the Malta Resources Authority Act, the Minister for Resources

and Rural Affairs, after consultation with the Malta Resources

Authority has made the following regulations:-

(1) The title of these regulations is the Feed-in Tariffs Title and purpose.

(Electricity Generated from Solar Photovoltaic Installations)

Regulations, 2010.

(2) The purpose of these regulations is to establish

a feed-in-tariff for electricity generated from solar photovoltaic

installations and hence to promote and support the generation of

electricity from renewable energy sources.

Regulation 4

Eligibility Criteria to participate in FIT scheme

Eligibility Criteria

The electricity generated by a solar photovoltaic installation and exported to the

distribution system is eligible to be paid at the established feed-in tariff rate determined

by these regulations subject to the following criteria being satisfied

1. The electricity is exclusively generated using solar radiation from solar photovoltaic

installations which are approved by the Authority.

2. The electricity generated by the solar photovoltaic installation and exported to the

distribution system is within the thresholds specified in the Second Schedule.

3. The solar photovoltaic installation has been approved by the Authority for

participation in the FIT scheme during the year for which the applicable feed-in tariff

is established. In the case of a solar photovoltaic installation mentioned in regulation

4 (1), the submission date of a request to participate in the FIT scheme shall be

considered in the determination of eligibility for the FIT scheme. In the case of a

solar photovoltaic installation mentioned in regulation 4 (2), the submission date of

the notification or application for authorisation (as applicable) shall be considered in

the determination of eligibility for the FIT scheme.

4. A solar photovoltaic installation shall be considered as eligible for participation in the

FIT scheme if the amount proposed for export to the distribution system may be

accommodated within the total maximum of electricity generated by solar

photovoltaic installations eligible to benefit from the FIT scheme for the applicable

year as determined in regulation 7 hereof and in the Third Schedule to these

regulations. Participation to the FIT scheme shall be determined on a first-come first-

served basis and each kW installed shall be attributed a generation of 1600kWh;

5. The solar photovoltaic installation is notified to or authorised by the Authority in

accordance with any applicable legislation.

6. The solar photovoltaic installation is commissioned at least within 12 months from

the date of -

a. notification to the Authority of the solar photovoltaic installation, or

b. authorisation granted by the Authority to construct the solar photovoltaic

installation.

7. The installation operator complies at all times with the obligations established in

these regulations, the Network Code and all other applicable legislation.

(1) Unless otherwise stated in these regulations, the

definitions in the Act shall apply.

(2)

In these regulations, unless the context otherwise

requires

“the Act” means the Malta Resources Authority Act;

“the Authority” means the Malta Resources Authority as

established by the Act;

“commissioned” means the first time a solar photovoltaic

installation is put into operation, following the establishment

of operational readiness;

“distribution” means the transport of electricity on high

voltage, medium voltage and low voltage distribution systems

with a view to its delivery to consumers, but not including

supply;

“distribution system” means all the interconnected

technical facilities used for conveying electricity to final

customers;

“domestic premises” means premises which include

private dwellings with no persons registered with Enemalta

as residing in them such as second homes, or private garages

and common areas including roofs, stairs, terraces, gardens

to buildings which are used solely for private dwellings.

“Enemalta” or “the Corporation” means the Enemalta

Corporation established by the Enemalta Corporation Act;

“FIT” means feed-in tariff;

“FIT scheme” means the annual scheme whereby a

specific amount of electricity generated by eligible solar

photovoltaic installations and exported to the distribution

system are paid a feed-in tariff as established in terms of these

regulations;

“generation” means the production of electricity;

“installation operator” means the owner of the solar

photovoltaic installation;

“Institutional households” shall include the following

premises

(a) healthcare institutions such as premises

used as a hospital, nursing home or as any institution

providing medical or nursing care;

(b) institutions for retired, elderly or disabled

persons, including premises used as a home for the

retired or elderly persons or persons with any disability;

(c) educational institutions including premises

used as a boarding school or for similar purposes;

(d) care institutions including premises used as

orphanages, shelter homes, open centres for refugees or

for similar purposes;

(e) religious institutions including premises used

as convents, retreat houses, or for similar purposes;

(f)

military institutions such as military barracks;

(g) other institutions including premises used as

boarding houses, penal or correctional facilities or for

similar purposes;

“kW” means kilo Watt;

“kWh” means kilo Watt hours;

“marginal cost per unit” means the additional cost

of producing one more unit as prescribed in the Fourth

Schedule;

“metering equipment” means the electricity meters

provided by Enemalta including smart meters, any voltage

and current transformers and any other associated equipment

and wiring required to measure the quantity of electricity

supplied or exported;

“the Minister” means the Minister responsible for

resources;

“non-residential premises” means a building or plot

of land which is used wholly or mainly for the purpose of

conducting an economic activity, but does not include any

building such as private garages or common areas to buildings

which are used solely as private dwellings;

“operational readiness” means the capability to function

in accordance with design and specifications;

“period of guaranteed payment of the feed-in tariff”

means the period of time over which the feed-in tariff for all

electricity generated from a solar photovoltaic installation is

guaranteed;

“renewable energy sources” means renewable non-fossil

energy sources, that is, wind, solar, geothermal, wave, tidal,

hydropower, biomass, landfill gas, sewage treatment plant gas

and biogases;

“residential premises” means any premises used solely

and regularly as a private dwelling where at least one person

resides but does not include institutional households;

“smart meters” shall have the same meaning as in the

Electricity Supply Regulations;

“spill-off tariff” means the tariff to be paid for every

unit generated by the installation operator in excess of own

consumption and exported to the distribution system;

“solar photovoltaic installation” means a solar

photovoltaic system that generates electricity exclusively from

solar radiation and consisting of all accessories including

(a) an array or arrays of photovoltaic modules

that collect and absorb sunlight for conversion into

electricity;

(b)

an inverter or inverters;

(c) associated balance of system components,

including wiring, conduits, switchgear, protection

equipment, ancillary equipment and any other part of the

installation necessary for the production and conveyance

of electricity up to the metering equipment supplied by

Enemalta,

after the said solar photovoltaic installation has been approved

by the Authority as meeting the applicable criteria specified in

the First Schedule to these regulations;

“submission date” means, in the case of a solar

photovoltaic installation mentioned in regulation 4 (1) hereof,

the date on which the request to participate in the FIT scheme

is received by the Authority and, in the case of a solar

photovoltaic installation mentioned in regulation 4 (2), the

date when a notification or an application for an authorisation

to construct a solar photovoltaic installation, as the case may

be, is received by the Authority.

Regulation 3, 5, 6

1. Electricity generated exclusively by solar photovoltaic installations installed on

residential or domestic premises in accordance with regulation 3 and exported to

the distribution system up to a threshold of 4800kWh/annum;

The feed-in tariff to be paid by Enemalta to an installation operator for electricity

generated from solar photovoltaic installations approved for the FIT scheme in the year

2010 and installed on residential or domestic premises shall amount to

(a) 25 cents per kWh for a period of guaranteed payment of the feed-in tariff of 8

years for electricity generated from solar photovoltaic installations located in Malta.

(b) 28 cents per kWh for a period of guaranteed payment of the feed-in tariff of 8

years for electricity generated from solar photovoltaic installations located in Gozo.

2. Electricity generated exclusively by solar photovoltaic installations installed on

non-residential premises or institutional households in accordance with regulation 3

and exported to the distribution system up to a threshold of 160,000kWh.

The feed-in tariff paid by Enemalta to an installation operator for electricity generated

from solar photovoltaic installations approved for the FIT scheme in the year 2010 and

installed on non residential premises or institutional household premises in accordance

with regulation 3 for a period of guaranteed payment of the feed-in tariff of 7 years shall

amount to 20 cents per kWh.

These regulations shall apply to any solar photovoltaic

installation which generates electricity exclusively using solar

photovoltaic panels and insofar as such solar photovoltaic

installation is installed either in a residential or domestic premises

or non-residential or institutional household and is connected to the

distribution system either directly or indirectly with the appropriate

protection and metering equipment

Provided that these regulations shall not apply to

installation operators who may benefit from more than 50% grant

on the initial capital investment, or are benefiting from a project

specific feed-in tariff agreement, or are benefiting from any other

arrangement approved by the Authority.

Regulation 7

Total maximum electricity generated by solar photovoltaic installations and

exported to the distribution system eligible to benefit from the feed-in tariff

Year

Total maximum electricity generated by

solar photovoltaic installations and

exported to the distribution system

eligible to benefit from the FIT scheme

12,000,000kWh

(1) In the case of a solar photovoltaic installation Sale of electricity

commissioned and connected to the distribution system with the generated

appropriate metering equipment provided by Enemalta prior to the installations.

entry into force of these regulations, the installation operator may

opt either to

(a) retain existing net metering arrangements with

Enemalta and be paid the spill-off tariff for any electricity

generated from the solar photovoltaic installation and

exported to the distribution system paid prior to the entry into

force of these regulations

Provided that the installation operator may not avail

himself of this option when an undertaking with Enemalta

existing prior to the entry into force of these regulations

requires him to switch over from existing net metering

arrangements to a feed-in tariff arrangement once this is

established; or

(b) request the Authority

(i) either to sell all electricity generated by the

solar photovoltaic installation to Enemalta in accordance

with regulation 6 hereof,

(ii) or to generate electricity primarily for own

consumption in the premises where the photovoltaic

installation is located and to be paid the feed-in tariff

in accordance with regulation 6 hereof for any excess

electricity generated and exported to the distribution

system.

(2) In the case of any solar photovoltaic installation

commissioned after the entry into force of these regulations and

satisfying the eligibility criteria established in the First Schedule to

these regulations, the installation operator may

(a) either sell all electricity generated by the solar

photovoltaic installation to Enemalta in accordance with

regulation 6 hereof;

(b) or generate electricity primarily for own

consumption in the premises where the solar photovoltaic

installation is located and be paid the feed-in tariff in

accordance with regulation 6 hereof for any excess electricity

generated and exported to the distribution system.

(3) Where an installation operator referred to in

regulation 4(1) opts for either of the options in regulation 4(1)(b),

such installation operator will not be permitted to revert to the net

metering arrangements provided in regulation 4 (1) (a).

(4) Any expenses incurred by the installation operator

for the reversion from the existing net metering arrangements to

the arrangements in regulation 4(1) (b) shall be borne by the

installation operator.

(5) Notwithstanding the provisions of regulation 4(1)

(a), an installation operator whose solar photovoltaic installation

has been installed prior to the entry into force of these regulations,

may not retain existing net metering arrangements if the capacity

of the solar photovoltaic installation is increased after the entry into

force of these regulations.

(6) The installation operator shall not be eligible for the

feed-in tariff unless the solar photovoltaic installation is compliant

with the eligibility criteria established by the First Schedule to these

regulations and he obtains the necessary authorisations, licences or

permits from the relevant competent authorities and Enemalta.

(7) In the case where the installation operator opts

to utilise the electricity generated by the solar photovoltaic

installation, Enemalta shall install metering equipment to measure

all the electricity generated by the solar photovoltaic installation in

addition to the import/export metering equipment.

Regulations 6, 9

Electricity rate per kWh applicable for electricity generated by the solar

photovoltaic installation and exported to the distribution system after the expiry of

the period of guaranteed payment of the feed in tariff or where the thresholds for

the eligibility of the FIT are exceeded.

The electricity rate per kWh referred to in regulations 6 and 9 that shall be paid by

Enemalta to the installation operator for any electricity generated by the solar

photovoltaic installation and exported to the distribution system for each year after period

of guaranteed payment of the feed-in tariff referred to in the Second Schedule or at any

time when in excess of the thresholds defined in the Second Schedule shall amount to the

marginal cost per unit of electricity incurred by Enemalta for the particular year as

approved by the Authority.

The Authority may define which cost items may be considered in the determination of the

marginal cost per unit of electricity incurred by Enemalta.

The marginal cost per unit for the year 2010 shall be of eleven cents (!0.11) per kWh.

€1.49

(1) The feed-in tariffs shall be due from the time

when the installation operator first produces electricity exclusively

from the solar photovoltaic installation and is connected to the

distribution system as provided in regulation 3 or, for those solar

photovoltaic installations commissioned prior to the entry into

force of these regulations and where the installation operator has

opted for either of the arrangements in accordance with regulation

4 (1) (b), from the date of the necessary modifications to the

installation connection effected by Enemalta which would permit

the arrangements in regulation 4(1)(b).

(2) The feed-in tariffs shall be paid for the period of

guaranteed payment of the feed-in tariff referred to in the Second

Schedule to these regulations depending upon the applicable

solar photovoltaic installation’s location and the type of premises

wherein it is installed.

(3) In the case of solar photovoltaic installations

commissioned prior to the entry into force of these regulations and

where the installation operator opts to sell all electricity generated

from the solar photovoltaic installation to Enemalta in accordance

with the provisions of regulation 4 (1) (b), the period of guaranteed

payment of the feed in tariff referred to in the Second Schedule

shall include the period of time during which the installation

operator has already benefited from net metering and spill off tariff

arrangements prior to the entry into force of these regulations

Provided that in the case where the installation operator

expands the existing capacity of the solar photovoltaic installation,

the period of guaranteed payment of the feed-in tariff applicable

for the entire installation after such expansion shall be considered

as commencing from the date of installation of the metering

equipment by Enemalta to enable the net metering arrangement for

the original installation.

(4) Where any person replaces the solar photovoltaic

installation in whole or in part, the installation operator shall not

be entitled to the recommencement or extension of the period of

guaranteed payment of the feed-in tariff.

(5) The feed-in tariff shall only be applicable up to

the extent of and for the total amount of electricity exported to

the distribution system by the solar photovoltaic installation as

approved by the Authority.

The feed-in tariff to be paid by Enemalta to installation

operators for electricity generated by solar photovoltaic

installations in accordance with regulation 3 hereof shall be as

established in the Second Schedule to these regulations

Provided that any electricity generated by the solar

photovoltaic installations and exported to the distribution system in

excess of the thresholds established in the Second Schedule shall

be paid at the applicable electricity rate as established in the Fourth

Schedule to these regulations.

(1) The total maximum electricity generated by solar

photovoltaic installations and exported to the distribution system

which shall be eligible to be paid the feed-in tariff for each annual

FIT scheme and after the entry into force of these regulations shall

be that established in the Third Schedule to these regulations.

(2) The maximum electricity generated by solar

photovoltaic installations and exported to the distribution system

established in the Third Schedule shall be composed of electricity

generated and exported to the distribution system by

(a) solar photovoltaic installations approved by

the Authority during the year for which the thresholds for

electricity generated and exported to the distribution has been

established; and

(b) solar photovoltaic installations approved by the

Authority, commissioned prior to the entry into force of these

regulations, and where the installation operators during the

year in which the thresholds for electricity generated and

exported to the distribution has been established have opted

for either of the options in regulation 4(1) (b).

(1) Enemalta may set off amounts due by an installation

operator for the supply of electricity against amounts due to the

installation operator for the exporting of electricity under these

regulations

Provided that such setting off shall only be permissible

where the claims are undisputed or are certain, liquidated and due.

(2) Where the amounts due to the installation operator

for the exporting of electricity referred to in subregulation 1 of

this regulation are in excess of the amounts due by an installation

operator for the supply of electricity by Enemalta, the Corporation

shall credit the installation operator the balance due by means of a

credit note

Provided that the installation operator may request to

be paid the balance due by means of such credit note after four

consecutive billing periods for the supply of electricity by Enemalta

to the installation operator have elapsed.

(3) Meter readings for the electricity exported shall be

taken with the same frequency as the readings of consumption of

electricity supplied by Enemalta.

(1) Following the expiry of the period of guaranteed

payment of the feed-in tariff, the installation operator may opt and

by written notice to Enemalta request the Corporation to effect

the necessary modification to the solar photovoltaic installation

connection to the distribution system to enable the installation

operator to utilise the electricity generated from the solar

photovoltaic installation for his own use within his premises and to

be compensated for any exported electricity at the applicable rate

for such electricity at the time as provided in the Fourth Schedule

to these regulations and subject to regulation 4(7)

Provided that Enemalta shall accede to the installation

operator’s request after effecting the necessary modifications to

the solar photovoltaic installation connection to the distribution

system.

(2) Any installation operator who opts for such

arrangements as established in regulation 9 (1) shall bear the

costs of any modifications necessary including those related to the

metering and connection required by Enemalta.

(3) Where the installation operator does not inform

Enemalta to effect the necessary modification to the solar

photovoltaic installation connection as provided in regulation 9 (1),

Enemalta shall continue to purchase all the electricity generated by

the solar photovoltaic installation and exported to the distribution

system, and shall reimburse the installation operator for such

electricity at the rate established in the Fourth Schedule to these

regulations.

Installation operators shall

(a) submit such information as the Authority may

reasonably require;

(b) inform the Authority and Enemalta, in the form and

manner they may reasonable require, if the solar photovoltaic

installation is disconnected or transferred, sold or in any

form modified in such a way as to degrade its performance

during the period of guaranteed payment of the feed-in tariff

established in terms of these regulations;

(c) comply at all times with the provisions of the

applicable legislation, notification, authorisation, licence

conditions and Network Code as approved by the Authority;

(d) make available to Enemalta and to the Authority

data required to be recorded for the purposes of these

regulations.

Where an installation operator is deceased, or by reason

of any other act or event, permanently ceases to be the installation

operator, payment of the feed-in tariffs for electricity generated

by solar photovoltaic installation under these regulations for the

remaining period of guaranteed payment of the feed-in tariff may

be transferable to the new installation owner

Provided that

(a) the new installation operator informs Enemalta

and the Authority of such change in ownership in such

form and manner as they may establish, together with any

documentary proof and information that they may establish

for such purposes;

(b) the new installation operator takes over all

obligations held by the previous installation operator;

(c) such person shall not be considered by Enemalta

and the Authority as a new installation operator if such

installation operator is not in compliance with any other law,

permit or any requirement in relation to the solar photovoltaic

installation.

In the case of change of use of premises during the

period of guaranteed payment of the feed-in tariff established

by these regulations, the applicable tariff and the period of

guaranteed payment of the feed-in tariff shall change accordingly

Provided that in such cases the period of guaranteed

payment of the feed-in tariff shall include the time for which the

installation operator has already benefited from a feed in-tariff.

Installation operators shall not be entitled to any

tradable green certificate for electricity generated from the

solar photovoltaic installation and for which the feed-in tariff is

paid or for which the installation operator enjoys a net metering

arrangement with a spill-off tariff or benefits from any of the

arrangements provided in regulation 9.

The provisions dealing with access, inspection, Access, inspection,

modification or tampering of meters found in the Electricity etc.

Supply Regulations, 1940 shall mutatis mutandis apply to solar G.N. 223 of 1940.

photovoltaic installation operators in the same manner as provided

for in those regulations.