Installations) (Amendment) Regulations, 2013

L.N. 71 of 2013

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Feed-in Tariffs (Electricity Generated from Solar Photovoltaic

Installations) (Amendment) Regulations, 2013

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

(Electricity Generated from Solar Photovoltaic Installations)

(Amendment) Regulations, 2013, and these regulations shall be read

and construed as one with the Feed-in Tariffs (Electricity Generated S.L. 423.46

from Solar Photovoltaic Installations) Regulations, hereinafter

referred to as "the principal regulations".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a)

immediately after the definition "the Act" there

shall be added the following new definition

" "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;";

(b)

immediately after the definition "the Authority"

there shall be added the following new definition

" "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;";

(c)

immediately after the definition "commissioned"

there shall be added the following new definition

" "DC" means direct current;";

(d)

immediately after the definition "generation" there

shall be added the following new definition

" "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;";

(e)

immediately after the definition "institutional

households" there shall be added the following new definition

" "kVAh" means kilo Volt Ampere hour;";

(f)

immediately after the definition "the Minister"

there shall be added the following new definition

" "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;";

(g)

immediately after the new definition "residential

premises" there shall be added the following new definition

" "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;";

(h)

immediately after the new definition "roof-

mounted" there shall be added the following new definition

" "scheduled" means in accordance with the

scheduled program of ARMS Limited for the taking of

periodic electricity meter readings;"; and

(i)

in the definition "spill-off tariff", immediately after

the words "distribution system" there shall be added the words

"from a solar photovoltaic installation when the billing is done

on a net metering arrangement;".

The proviso to regulation 3 of the principal regulations

shall be substituted by the following

"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.".

Regulation 4 of the principal regulations shall be amended Amends

regulation 4 of

as follows

the principal

regulations.

(a)

sub-regulations (8) and (9) thereof shall be deleted

and sub-regulations (10) and (11) shall be renumbered as sub-

regulations (8) and (9) respectively; and

(b)

in sub-regulation (9) thereof, as renumbered, for

the words "owner of the installations" there shall be substituted

the words "installation operator".

Regulation 5 of the principal regulations shall be amended Amends

regulation 5 of

as follows

the principal

regulations.

(a)

in sub-regulation (1) thereof, for the words "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,", there shall be

substituted the words "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"; and

(b)

in sub-regulation (5) thereof, immediately after the

words "by the Authority" there shall be added the words "and as

measured by the Enemalta metering equipment".

In regulation 6 thereof, for the words "shall be as Amends

established in the Second Schedule:" there shall be substituted the regulation

the principal

words "shall be as established in the Second Schedule," and regulations.

immediately thereafter there shall be added the words "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:".

Regulation 8 of the principal regulations shall be amended Amends

regulation 8 of

as follows

the principal

regulations.

(a)

in the proviso to sub-regulation (1) thereof, for the

words "and due." there shall be substituted the words "and

due:", and immediately thereafter there shall be added the

following new proviso

"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.";

(b)

in sub-regulation (2) thereof, immediately after the

word "Where" there shall be added the words "a set-off

arrangement between the installation operator and Enemalta is

in place and"; and in the proviso to sub-regulation (2),

immediately, after the word "consecutive", there shall be added

the word "scheduled"; and

(c)

sub-regulation (3) thereof shall be substituted by

the following new sub-regulation

"(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.".

Regulation 12 of the principal regulations shall be

substituted by the following new regulation

"12. (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 4 to 7 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 shall be that

which is applicable during the year when such increased

capacity is notified to or authorised by the Authority, 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.".

The Second Schedule to the principal regulations shall be

substituted by the following new Schedule

"SECOND SCHEDULE

(Regulations 3, 5, 6)

In the case of electricity generated exclusively from solar

photovoltaic installations approved for the FIT scheme in any

of the years 2010, 2011 and 2012, which solar photovoltaic

installation is installed on residential or domestic premises in

accordance with regulation 3 and sold to Enemalta up to an

annual threshold calculated as kWp multiplied by 1600kWh,

(provided that the product of such calculation shall not exceed

4800kWh per 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 any of

the years 2010, 2011 and 2012 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. In the case of electricity generated exclusively by

solar photovoltaic installations approved for the FIT scheme in

any of the years 2010, 2011 and 2012 and installed on non-

residential premises or institutional households in accordance

with regulation 3 and sold to Enemalta up to an annual threshold

calculated as kWp multiplied by 1600kWh, (provided that the

product of such calculation shall not exceed 160,000kWh per

annum), the feed-in tariff paid by Enemalta to an installation

operator for electricity generated from solar photovoltaic

installations approved for the FIT scheme in any of the years

2010, 2011 and 2012 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.

3. In the case of electricity generated exclusively by

solar photovoltaic installations -

(a) approved for the FIT scheme in the first six

months of the year 2013; and

(b) installed on non-residential premises or

institutional households in accordance with regulation 3;

(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 in the first six months

of the year 2013 and installed on non-residential or institutional

households premises shall amount to 17 cents per kWh for a

period of guaranteed payment of the feed-in tariff of 7 years for

electricity generated from solar photovoltaic installations

located in Malta and Gozo.

4. In the case of electricity generated exclusively

from solar photovoltaic installations -

(a) approved for the FIT scheme in the first six

months of the year 2013; and

(b) installed on any type of 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) roof-mounted and with an installed capacity

of less than 1000 kW; 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 approved for the FIT scheme in the first six months

of the year 2013 shall amount to 18 cents per kWh for a period

of guaranteed payment of the feed-in tariff of 20 years for

electricity generated from solar photovoltaic installations

located in Malta and Gozo.

5. In the case of electricity generated exclusively

from solar photovoltaic installations -

(a) approved for the FIT scheme approved in the

first six months of the year 2013; and

(b) installed on any type of 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) 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 approved for the FIT scheme in the first six months

of the year 2013 shall amount to 17 cents per kWh for a period

of guaranteed payment of the feed-in tariff of 20 years for

electricity generated from solar photovoltaic installations

located in Malta and Gozo.

6. In the case of electricity generated exclusively by

solar photovoltaic installations -

(a) approved for the FIT scheme in the first six

months of the year 2013; and

(b) installed on any type of 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) 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 paid by Enemalta to an installation operator for

electricity generated from solar photovoltaic installations

approved for the FIT scheme in the in the first six months of the

year 2013 shall amount to 17 cents per kWh for a period of

guaranteed payment of the feed-in tariff of 20 years.

7. In the case of electricity generated exclusively by

solar photovoltaic installations -

(a)

approved for the FIT scheme in the first six months

of the year 2013; and

(b)

installed on any type of 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)

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 paid by Enemalta to an installation operator for

electricity generated from solar photovoltaic installations

approved for the FIT scheme in the in the first six months of the

year 2013 shall amount to 16 cents per kWh for a period of

guaranteed payment of the feed-in tariff of 20 years.

8. 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).

9. 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.".

The Third Schedule to the principal regulations shall be

substituted by the following new Schedule

"THIRD SCHEDULE

(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

".

In the Fourth Schedule to the principal regulations, for the

words "for the year 2011 and 2012", there shall be substituted the

words "for the year 2011, 2012 and 2013".

€0.90