Solar Photovoltaic Installations) Regulations, 2013

L.N. 253 of 2013

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Feed-in Tariffs Scheme (Electricity Generated from

Solar Photovoltaic Installations) Regulations, 2013

IN exercise of the powers conferred by article 28(1) of the Malta

Resources Authority Act, the Minister for Energy and the

Conservation of Water, after consultation with the Malta Resources

Authority, has made the following regulations:-

(1)

The title of these regulations is the Feed-in Tariffs

Scheme (Electricity Generated from Solar Photovoltaic Installations)

Regulations, 2013.

(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.

(3) These regulations shall be deemed to have entered into

force on the 1st July 2013.

(Regulations 3, 5, 6)

1. In the case of electricity generated exclusively from solar photovoltaic

installations -

(a)

when an application for the FIT scheme, meeting all the

requirements, was submitted and approved by MRA between the 1st of July

2013 and the 30th September 2013; and

(b)

installed on any type of premises in Malta and Gozo in

accordance with regulation 3; and

(c)

exported to the distribution system up to an annual threshold

calculated as kWp multiplied by 1600kWh; and

(d)

roof-mounted and with an installed capacity of less than 1000

kWp; and

(e)

where an application to benefit the solar photovoltaic

installation with a grant has not been made or the solar photovoltaic

installation has not benefited from a grant on the initial capital investment,

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

generated from solar photovoltaic installations and supplied to Enemalta shall

amount to 17 cents per kWh for a period of guaranteed payment of the feed-in

tariff of 20 years

Provided that the total maximum units of electricity allocated for the

payment of the feed in tariff with regard to applications submitted and approved by

MRA between the 1st of July 2013 and the 30th of September 2013 shall not

exceed 6,400,000kWh (4MWp) per annum.

2. In the case of electricity generated exclusively from solar photovoltaic

installations -

(a)

when an application for the FIT scheme, meeting all the

requirements, was submitted and approved by MRA between the 1st of July

2013 and the 30th September 2013; and

(b)

installed on any type of premises in Malta and Gozo in

accordance with regulation 3; and

(c)

exported to the distribution system up to an annual threshold

calculated as kWp multiplied by 1600kWh; and

(d)

ground-mounted and with an installed capacity of less than

1000kWp; and

(e)

where an application to benefit the solar photovoltaic

installation with a grant has not been made or the solar photovoltaic

installation has not benefited from a grant on the initial capital investment,

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

generated from solar photovoltaic installations and supplied to Enemalta shall

amount to 16 cents per kWh for a period of guaranteed payment of the feed-in

tariff of 20 years

Provided that the total maximum units of electricity allocated for the

payment of the feed in tariff with regard to applications submitted and approved by

MRA between the 1st of July 2013 and the 30th of September 2013 shall not

exceed 6,400,000kWh (4MWp) per annum.

3. In the case of electricity generated exclusively by solar photovoltaic

installations -

(a)

when an application for the FIT scheme, meeting all the

requirements, was submitted and approved by MRA between the 1st of July

2013 and the 30th September 2013; and

(b)

installed on any type of premises in Malta and Gozo in

accordance with regulation 3; and

(c)

exported to the distribution system up to an annual threshold

calculated as kWp multiplied by 1600kWh; and

(d)

roof-mounted and with an installed capacity of 1000 kWp or

more; and

(e)

where an application to benefit the solar photovoltaic

installation with a grant has not been made or the solar photovoltaic

installation has not benefited from a grant on the initial capital investment,

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

generated from solar photovoltaic installations and supplied to Enemalta shall

amount to 16 cents per kWh for a period of guaranteed payment of the feed-in

tariff of 20 years

Provided that the total maximum units of electricity allocated for the

payment of the feed in tariff with regard to applications submitted and approved by

MRA between the 1st of July 2013 and the 30th of September 2013 shall not

exceed 6,400,000kWh (4MWp) per annum.

4. In the case of electricity generated exclusively by solar photovoltaic

installations -

(a)

when an application for the FIT scheme, meeting all the

requirements, was submitted and approved by MRA between the 1st of July

2013 and the 30th of September 2013; and

(b)

installed on any type of premises in Malta and Gozo in

accordance with regulation 3; and

(c)

exported to the distribution system up to an annual threshold

calculated as kWp multiplied by 1600kWh; and

(d)

ground-mounted and with an installed capacity of 1000 kWp or

more; and

(e)

where an application to benefit the solar photovoltaic

installation with a grant has not been made or the solar photovoltaic

installation has not benefited from a grant on the initial capital investment,

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

generated from solar photovoltaic installations and supplied to Enemalta shall

amount to 15.5 cents per kWh for a period of guaranteed payment of the feed-in

tariff of 20 years

Provided that the total maximum units of electricity allocated for the

payment of the feed in tariff with regard to applications submitted and approved by

MRA between the 1st of July 2013 and the 30th of September 2013 shall not

exceed 6,400,000kWh (4MWp) per annum.

5. For the purposes of the First Schedule and this Schedule, "kWp" shall

mean the total DC peak power of an array or arrays of photovoltaic modules as

specified in the notification or authorisation application submitted to the Authority

for its approval under the Electricity Market Regulations (S.L. 423.22).

6. Electricity sold to Enemalta and measured in kVAh shall be paid at the

applicable feed-in tariff as that applied for electricity sold to Enemalta and

measured in kWh.

7. In the case of electricity generated exclusively by solar photovoltaic

installations -

(a)

approved for the FIT scheme for the year 2013; and

(b)

installed on residential or domestic premises in accordance with

regulation 3; and

(c)

exported to the distribution system up to an annual threshold

calculated as kWp multiplied by 1600kWh; and

(d)

where the installation operator benefits from a grant of not more

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

photovoltaic installation,

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 for

the year 2013 and installed on residential or domestic premises shall amount to

twenty-two cents per kWh for a period of guaranteed payment of the feed-in tariff

of six years for electricity generated from solar photovoltaic installations located

in Malta and Gozo.

(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;

"annual threshold" means the cap in kWh or kVAh for the

payment of the feed-in tariff for the period of time commencing on

the 1st January and ending on the 31st December of each year;

"the Authority" means the Malta Resources Authority as

established by the Act;

"change of use of premises" means the change in the

classification of a premises in terms of these regulations whether

domestic or residential or non-residential or institutional household;

"commissioned" means the first time a solar photovoltaic

installation is put into operation, following the establishment of

operational readiness;

"DC" means direct current;

"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;

"ground-mounted" means installed on a supporting structure

directly above ground, or integrated or fixed to a structure, such as a

tent, greenhouse, glasshouse, canopy or other similar structure but

does not include any structure installed on the roof of a building;

"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;

"kVAh" means kilo Volt Ampere hour; "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;

"net metering arrangement" means the arrangement in place

prior to the entry into force of these regulations where the units

exported to the grid are deducted from the units imported from the

distribution system for the calculation of the electricity bill;

"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;

"roof-mounted" means installed on the roof of a building and for

the purposes of this definition "roof" shall also include a supporting

structure permanently installed or attached to the roof of a building,

but which shall exclude any supporting structure integrated or fixed

to a structure, such as tent, canopies or other similar structures when

installed ground-mounted;

"scheduled" means in accordance with the scheduled program of

ARMS Limited for the taking of periodic electricity meter readings;

"smart meters" shall have the same meaning as in the Electricity S.L.423.01

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 from a solar photovoltaic

installation when the billing is done on a net metering arrangement;

"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;

"submission date" means, in the case of a solar photovoltaic

installation mentioned in regulation 4(1), 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 together with the request to

participate in the FIT scheme.

(Regulation 7)

Total maximum electricity that may be generated and sold to Enemalta from

solar photovoltaic installations approved to benefit from the FIT scheme in the

specific year shall be

12,000,000kWh

24,000,000 kWh plus any unallocated units remaining from 2010

any unallocated units remaining from 2011

56,000,000 plus any unallocated units remaining from 2012

56,000,000 plus any unallocated units remaining from 2013

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 are proposed to benefit from a project

specific feed-in tariff agreement, or have benefitted from any other

arrangement approved by the Authority.

(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 2013 shall be of eleven cents (€0.11)

per kWh.

€1.71

(1)

In the case of a solar photovoltaic installation

commissioned and connected to the distribution system on a net

metering arrangement by means of the appropriate metering

equipment provided by Enemalta prior to the 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, or

(ii) 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 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, the

installation operator may

(a)

either sell all electricity generated by the solar

photovoltaic installation to Enemalta in accordance with

regulation 6; or

(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 for any excess electricity

generated and exported to the distribution system.

(3) Where an installation operator referred to in sub-regulation

(1) opts for either of the options in sub-regulation (1)(b), such

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

arrangements provided in sub-regulation (1)(a).

(4) Any expenses incurred by the installation operator for the

reversion from the existing net metering arrangements to the

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

installation operator.

(5) Notwithstanding the provisions of sub-regulation (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 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.

(8) 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.

(9) For the purposes of these regulations, the installation

operator 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.

(Regolamenti 6, 9)

Ir-rata tal-elettriku għal kull kWh applikabbli għall-elettriku ġenerat mill-

istallazzjoni fotovoltajka tax-xemx u esportat lejn is-sistema tad-distribuzzjoni

wara li jiskadi l-perjodu tal-ħlas garantit tat-tariffa feed-in jew meta jinqabżu l-

limiti bażiċi permessi għall-eliġibbiltà taħt l-iskema FIT.

Ir-rata tal-elettriku għal kull kWh imsemmija fir-regolamenti 6 u 9 li għandha

titħallas mill-Enemalta lill-operatur ta’ stallazzjoni għal kull elettriku ġenerat mill-

istallazzjoni fotovoltajka tax-xemx u esportat lejn is-sistema tad-distribuzzjoni

għal kull sena wara l-perjodu tal-ħlas garantit tat-tariffa feed-in imsemmija fit-

Tieni Skeda jew f’kull waqt meta jinqabżu l-limiti bażiċi massimi mniżżla fit-Tieni

Skeda għandha tammonta għall-ispiża marġinali għal kull unità ta’ elettriku li

għandha ġġorr l-Enemalta għas-sena partikolari kif approvat mill-Awtorità.

L-Awtorità tista’ tiddefinixxi liema spejjeż għandhom jitqiesu biex tiġi

stabbilita l-ispiża marġinali għal kull unità ta’ elettriku li tagħmel tajjeb għaliha l-

Enemalta.

L-ispiża marġinali għal kull unità għas-sena 2013 tkun ta’ ħdax-il ċenteżmu

(€0.11) għal kull kWh.

(1)

The feed-in tariffs shall be due from the time when

the solar photovoltaic installation is first connected to the distribution

system as provided in regulation 3 and produces electricity

exclusively from the solar photovoltaic installation and, 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 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 or increases the capacity of the

solar photovoltaic installation in whole or in part, the installation

operator shall not be entitled to the re-commencement or extension of

the period of guaranteed payment of the feed-in tariff

Provided that the same terms and conditions applicable for

that period of guaranteed payment of the feed-in tariff shall subsist.

(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 and as measured by the Enemalta metering equipment.

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

operators for electricity generated by solar photovoltaic installations

in accordance with regulation 3 shall be as established in the Second

Schedule. The feed-in tariffs shall be deemed to be inclusive of any

compensation for loss of revenue arising from any planned and

unplanned interruption which impedes the export of electricity from

the solar photovoltaic installation to the distribution system

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

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.

(1)

The total maximum electricity generated by solar Maximum

photovoltaic installations and exported to the distribution system electricity

exported in FIT

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

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

that established in the Third Schedule.

(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

Provided further that in the case of solar photovoltaic

installations with an installed capacity of more than 100kWp, such

set-off shall only apply by agreement of both Enemalta and the

installation operator.

(2) Where a set-off arrangement between the installation

operator and Enemalta is in place and the amounts due to the

installation operator for the exporting of electricity referred to in sub-

regulation (1) 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 scheduled billing periods for the supply of electricity by

Enemalta to the installation operator have elapsed.

(3) Where the installation capacity is larger than 100kWp and

no set-off agreement exists between the installation operator and

Enemalta and the amounts due to the installation operator for the

exporting of electricity 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,

which shall be paid to the installation operator within sixty days from

the scheduled reading of the metering equipment

Provided that Enemalta shall carry out the reading of the

metering equipment within intervals of at least two months, to be

reckoned as from the date of the first reading of the metering

equipment.

(1)

Following the expiry of the period of guaranteed Sale of

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

the expiry of the

written notice to Enemalta request the Corporation to effect the period

guaranteed

necessary modification to the solar photovoltaic installation payment of the

connection to the distribution system to enable the installation feed-in tariff.

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 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 sub-regulation (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 sub-regulation (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.

Installation operators shall

Obligations of

installation

operators.

(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.

(1)

In the case of modifications relevant to the solar

photovoltaic installation arising from -

(a)

change of use of the premises where the solar

photovoltaic installation is located;

(b)

change of account holder;

(c)

transfer of solar photovoltaic installation to another

different premises with same use;

(d)

transfer of solar photovoltaic installation to another

different premises with different use;

(e)

change of feed-in tariff option from "sell all

electricity generated" to "generate electricity primarily for own

use" or vice versa;

(f)

change in location of solar photovoltaic installation

from roof-mounted to ground-mounted or vice versa in the case

of solar photovoltaic installations benefitting from the feed-in

tariffs in items 1 to 4 of the Second Schedule,

the feed-in tariff shall change as applicable and in accordance with

the feed-in tariff scheme in force during the year when the solar

photovoltaic installation was first approved a feed-in tariff

Provided that when the change occurs during the period of

guaranteed payment of the feed-in tariff, such period shall include the

time for which the installation operator has already benefited from a

feed in-tariff.

(2) Subject to the satisfaction of the eligibility criteria

established in the First Schedule, 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 and the period for guaranteed payment

of the feed-in tariff shall be that which is applicable during the year

when such increased capacity is notified to or when an application is

submitted to the Authority for an authorisation to construct such

increased capacity, and such feed-in tariff shall be payable in respect

of the whole solar photovoltaic installation as increased in capacity

Provided that in such cases the period for guaranteed

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

installation operator has already benefited from a feed in-tariff

Provided further that 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.

(3) The changes listed in sub-regulations (1) and (2) shall

become applicable for the payment of the feed-in tariff from the date

of the first meter reading taken after the date of submission of an

application to Enemalta to approve and take the necessary action

Provided that during the first year of applicability for the

payment of the feed-in tariff the change shall be taken into

consideration on a pro rata basis.

Installation operators shall not be entitled to any tradable Tradeable green

green certificate for electricity generated from the solar photovoltaic certificates.

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,

modification or tampering of meters found in the Electricity Supply

Regulations shall mutatis mutandis apply to solar photovoltaic

installation operators in the same manner as provided for in those

regulations.

(1)

The Feed-in Tariffs (Electricity Generated from

Solar Photovoltaic Installations) Regulations, 2010 (hereinafter

referred to as "the revoked regulations") are hereby revoked without

prejudice to anything done, or omitted to be done thereunder.

(2) On the coming into force of these regulations, any

2010. reference, in any legislation, to the revoked regulations shall be

construed as a reference to these regulations.

2010. FIRST SCHEDULE

(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)

together with the request to participate in the FIT scheme, 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 and in the Third

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

first-served basis and each kWp 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.