Photovoltaic Installations) (Amendment) Regulations, 2020

L.N. 94 of 2020

REGULATOR FOR ENERGY AND WATER SERVICES ACT

(CAP. 545)

Feed-in Tariffs Scheme (Electricity Generated from Solar

Photovoltaic Installations) (Amendment) Regulations, 2020

IN EXERCISE of the powers conferred by article 37 of the

Regulator for Energy and Water Services Act, the Minister for Energy

and Water Management, after consultation with the Regulator for

Energy and Water Services, in agreement with the Minister for Finance

and Financial Services, has made the following regulations:-

(1) The title of these regulations is the Feed-in Tariffs Citation and

Scheme (Electricity Generated from Solar Photovoltaic Installations) commencement.

S.L. 545. 27.

(Amendment) Regulations, 2020 and these regulations shall be read

and construed as one with the Feed-in Tariffs Scheme (Electricity

Generated from Solar Photovoltaic Installations) Regulations,

hereinafter referred to as "the principal regulations".

These regulations shall come into force on the 1 st January

(2)

2020.

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a) immediately after the definition "domestic premises",

there shall be added the following new definition

" "export of electricity" means in the case of a solar

photovoltaic installation where the installation operator

sells all electricity generated to the distribution system

operator, the total electricity generated by the solar

photovoltaic installation, and, in the case where the

installation operator generates electricity primarily for own

consumption in the premises where the solar photovoltaic

system is located, the excess electricity generated by the

solar photovoltaic installation but not consumed on site and

which is injected into the distribution system;"; and

(b) immediately after the definition "non-residential

premises", there shall be added the following new definition

" "operating aid" means the difference between the

feed-in tariffs established by Table A of the Second

Schedule and the proxy of the market price for electricity

established by the Fourth Schedule to these regulations;".

In regulation 3 of the principal regulations, the words

"1000kWp" shall be deleted and substituted by the words "400kWp".

In paragraph (b) of sub-regulation 2 of regulation 4 of the

principal regulations, the words "exported to the distribution system."

shall be substituted by the words "exported to the distribution system:"

and immediately thereafter there shall be added the following new

"Provided that the installation operator may opt to switch

between the two options established in paragraphs (a) and (b) at any

time, subject to the provisions laid down in sub-regulation 4 of this

regulation and regulation 9.".

Regulation 6 of the principal regulation shall be amended

as follows

(a) in the first proviso thereof, the words "as established

in the Fourth Schedule:" shall be substituted by the words "as

established in the Fourth Schedule."; and

(b)

the second and third provisos thereof shall be deleted.

Regulation 9 of the principal regulations shall be amended

as follows

(a) sub-regulation (1) thereof shall be substituted by the

following sub-regulation

"(1) The installation operator may opt and by

written notice to the distribution system operator request a

change between the two options established in sub-

regulation (2) of regulation 4

Provided that, the distribution system operator may

require the carrying out of any necessary modifications to

the solar photovoltaic installation connection to the

distribution system before accepting such a request

Provided further that, following the expiry of the

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

installation operator shall be compensated for any exported

electricity at the applicable rate for such electricity as at the

time provided in the Fourth Schedule to these regulations.";

(b) in sub-regulation (3) thereof, the words "Where the

installation operator does not inform the distribution system

operator to effect the necessary modification to the solar

photovoltaic installation connection" shall be substituted by the

words "Where, at the expiry of the period of guaranteed payment

of the feed-in tariff, the installation operator of a solar

photovoltaic installation does not request the distribution system

operator to effect a change in option"; and

(c) sub-regulation (4) thereof shall be substituted by the

following sub-regulation

"(4) A solar photovoltaic installation that has

benefited from a feed-in tariff shall not benefit from any

new feed-in tariff after the expiry of the period of

guaranteed payment of such feed-in tariff.".

Regulation 12 of the principal regulations shall be amended Amends

regulation 12 of

as follows

the principal

regulations.

(a)

sub-regulation (1) shall be amended as follows

(i) in paragraph (e) thereof, the words "of feed-in

tariff option" shall be deleted and immediately after the

words "or vice-versa" there shall be added the words "as

provided for in regulation 9"; and

(ii) immediately after paragraph (e) thereof, the

words "the feed-in tariff shall remain as originally

approved by the Regulator and in accordance with the feed-

in tariff scheme in force during the year when the solar

photovoltaic installation was first approved as a feed-in

tariff." shall be substituted by the words "any applicable

feed-in tariff shall remain as originally approved by the

Regulator 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.";

(b)

sub-regulation (3) thereof shall be amended as

follows

(i) in the Maltese version thereof the words "fis-

subregolamenti (1) u (2)" shall be substituted by the words

"fis-subregolament (1)";

(ii) the words "for the payment of the feed-in tariff"

shall be deleted;

(iii) the words "the necessary action." shall be

substituted by the words "the necessary action:", and

immediately thereafter, there shall be added the following

proviso

"Provided that, if the distribution system

operator requires the carrying out of any

modifications to the solar photovoltaic installation

connection to the distribution system such changes

shall become applicable from the date of the first

meter reading taken after such modifications have

been made."; and

(c) in sub-regulation (5) thereof, the words "and which

was approved as a feed-in tariff" shall be replaced by the words

"and which was approved a feed-in tariff".

The First Schedule to the principal regulations shall be

amended as follows

(a) in item 6 thereof, the words "The rate of the FIT

which would be then applicable shall be that in force at the time

of the submission of the application for such extension by the

beneficiary." shall be substituted by the words "The rate of the

FIT which would be then applicable shall be that in force at the

time of the submission of the application for such extension by

the beneficiary, or, if no such FIT has been established, the FIT

originally allocated to the solar PV installation reduced by Euro

0.005 per kWh."; and

(b) immediately after paragraph (e) of item 9 thereof,

there shall be added the following paragraph

"The applicant for a feed-in tariff must submit,

together with the aforesaid written application, a non-

refundable application fee of fifty euro (€50) in the case of

a solar photovoltaic installation in non-residential premises

having a capacity equal or larger than 40kWp and less than

400kWp.".

The Second Schedule to the principal regulations shall be

amended as follows

(a)

item 1 thereof shall be amended as follows

(i) in paragraph (d), the words "of twenty (20)

years;" shall be substituted by the words "of twenty (20)

years; and";

(ii) paragraph (e) thereof shall be substituted by the

following paragraph

"(e) where the installation, and, or the

photovoltaic panels and, or its inverter have not

previously been used for the generation of

electricity;"; and

(iii) in the paragraph immediately following

paragraph (e) thereof, the words "each feed-in tariff as

established in Table A as follows:" shall be substituted by

the words "each feed-in tariff as established in Table A:",

and immediately thereafter there shall be added the

following proviso

"Provided that any investment aid

previously received for the solar photovoltaic

installation shall be deducted from the payment of the

operating aid which forms part of the feed-in tariff

established in Table A:";

(iv) Table A shall be substituted by the following Table

Table A: Caps and Feed-in Tariffs applicable for solar

photovoltaic installations approved under the FIT scheme

Capacity

Feed-in

Maximum

of

solar Tariffs

units allocated

photovoltaic applicable

per annum for

installation

between

the FIT payment to

installed in any 2nd

January PV

systems

location

2020 and 30th approved

for

June 2020.

FIT payment to

PV

systems

approved under

this FIT scheme

between

the

2nd

January

2020 and 30th

June 2020.

(a)

=>1kWp

5 cents

6,4 GWh

u <40kWp

per kWh

per

annum

(4MWp)

(b)

=>40kW

14.0 cents

GWh

p u <400kWp per kWh

per

annum

(5MWp)

"; and

(v) the words "*Valid applications for a feed-in

tariff received by the 30 th November 2018 and accepted by

the Regulator over and above the available capacity until

the 31 st December 2018, shall be allocated support under

this scheme but at the feed in tariff rates applicable on the

30 th November 2018." shall be substituted by the words

"Valid applications for the allocation of a feed-in tariff for

capacities between 1kWp and less than 40kWp up to a

maximum of 8.5MWp and for capacities between 40kWp

and less than 1MWp up to a maximum of 32MWp

respectively, received by the 17th December 2019, and

accepted by the Regulator shall be allocated support at the

feed-in tariff rates, and under the terms and conditions

applicable on the 30th December 2019.";

(b)

item 4 thereof shall be amended as follows

(i) in paragraph (a), the words "from the 2 nd

January 2019 and the 30 th December 2019" shall be

substituted by the words "from the 2 nd January 2020 until

the 30 th December 2020"; and

(ii) in the paragraph immediately following

paragraph (d) the words "shall amount to 16.5 cents per

kWh for a period of guaranteed payment of the feed-in

tariff of six (6) years" shall be substituted by the words

"shall amount to 10.5 cents per kWh for a period of

guaranteed payment of the feed-in tariff of twenty (20)

years".

€0.54