Installations) (Amendment) Regulations, 2011

L.N. 70 of 2011

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Feed-in Tariffs (Electricity Generated from Solar Photovoltaic

Installations) (Amendment) Regulations, 2011

IN exercise of the powers conferred by sub-article (1) of

article 28 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

The title of these regulations is the Feed-in Tariffs

(Electricity Generated from Solar Photovoltaic Installations)

(Amendment) Regulations, 2011, and they shall be read and

construed as one with the Feed-in Tariffs (Electricity Generated

from Solar Photovoltaic Installations) Regulations, 2010,

hereinafter referred to as “the principal regulations”.

In regulation 2 of the principal regulations, in the

definition “submission date”, for the words “as the case may be,

is received by the Authority” there shall be substituted the words

“as the case may be, is received by the Authority together with the

request to participate in the FIT scheme”.

In the proviso to regulation 3 of the principal regulations,

the words “may benefit from more than 50% grant on the initial

capital investment, or” shall be deleted.

In regulation 4 of the principal regulations, immediately

after sub-regulation (7) thereof, there shall be added the following

sub-regulations

“(8) Subject to the satisfaction of the eligibility criteria

established in the First Schedule to these regulations, in the

case where an installation operator increases the generation

capacity of a solar photovoltaic installation which is

connected to the distribution system, the feed-in tariff to be

paid by Enemalta shall be that which is applicable during the

year when such increased capacity is notified to or authorised

by the Authority, and which feed-in tariff shall be payable

in respect of the whole solar photovoltaic installation as

increased in capacity.

(9) Where the installation operator has benefited from

a grant on any part of the solar photovoltaic installation,

the whole solar photovoltaic installation shall be deemed

as benefitting from the grant for the purpose of determining

the feed-in tariff applicable for the whole solar photovoltaic

installation.

(10) The electricity generated from different

installations within the same premises shall be separately

metered when those installations generate such electricity

from different renewable energy sources.

(11) For the purposes of these regulations, the owner

of the installations generating electricity from renewable

energy sources in the same premises may opt either to export

all the electricity generated at the applicable feed in tariff as

the case may be for each type of renewable energy source

as separately metered, or to generate electricity primarily

for own use and to export the surplus at the lowest of the

applicable feed-in tariffs payable for the electricity generated

and exported to the distribution system from renewable

energy sources.”.

Sub-regulation (4) of regulation 5 of the principal

regulations shall be amended as follows

(a) immediately after the word “replaces” there shall

be inserted the words “or increases the capacity”;

(b) the words “the feed-in tariff.” shall be substituted

by the words “the feed-in tariff:” and immediately after there

shall be added the following proviso

“Provided that the same terms and conditions

applicable for that period of guaranteed payment of the

feed-in tariff shall subsist.”.

In the proviso to regulation 6 of the principal regulations,

for the words “Fourth Schedule to these regulations.” there shall be

substituted the words “Fourth Schedule to these regulations:” and

immediately thereafter there shall be added the following

“Provided further that in the case where the installation

operator benefits or has benefited from a grant of more than

50% of the initial capital investment with regard to the solar

photovoltaic installation, the feed-in tariff that shall be paid

by Enemalta shall decrease by €0.002 per kWh for every

1% exceeding the aforementioned 50% of the initial capital

investment received as part of the grant

Provided also that the feed in tariff shall not be less than

the marginal cost per unit incurred by Enemalta as established

in the Fourth Schedule to these regulations.”.

In item 3 of the First Schedule to the principal

regulations, immediately after the words “(as applicable)” there

shall be inserted the words “together with the request to participate

in the FIT scheme,”.

In items 1 and 2 of the Second Schedule to the principal Amends the Second

regulations, for the words “in the year 2010” wherever they occur, Schedule to the

there shall be substituted the words “in the years 2010 and 2011”.

The Third Schedule to the principal regulations shall be

substituted as follows

B

“THIRD SCHEDULE

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

24,000,000 kWh plus any unallocated

units remaining from 2010

“

In the

Fourth Schedule to the principal regulations, for the words “year

10. In the Fourth Schedule to the principal regulations, for

Amends

the Fourth

Schedule to the

the

words

“year 2010” there shall be substituted the words “year

principal regulations.

2010”

there shall be substituted the words “year 2011”.

2011”.

€0.37