from Solar Photovoltaic Installations)

L.N. 43 of 2023

REGULATOR FOR ENERGY AND WATER SERVICES ACT

(CAP. 545)

Feed-in Tariffs Scheme (Electricity Generated

from Solar Photovoltaic Installations)

(Amendment) Regulations, 2023

IN EXERCISE of the powers conferred by article 37 of the

Regulator for Energy and Water Services Act, the Minister responsible

for energy and water services after consultation with the Regulator, has

made the following regulations:-

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

Scheme (Electricity Generated from Solar Photovoltaic Installations)

(Amendment) Regulations, 2023 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".

(2) These regulations shall be deemed to have come into force

on 1st January 2023.

Regulation 2 of the principal regulations shall be amended

as follows

(a) immediately after the definition "DC" thereof there

shall be added the following new definition

" "de minimis aid" means aid awarded in accordance

with Commission Regulation (EU) No 1407/2013 of 18

December 2013 on the application of Articles 107 and 108

of the Treaty on the Functioning of the European Union to

de minimis aid;";

(b) the definition "distribution system operator" thereof

shall be substituted by the following new definition

" "distribution system operator" shall have the same

meaning as assigned to it in the Electricity Regulations;";

(c) the definition "the Minister" shall be substituted by

the following new definition

" "Minister" shall have the same meaning as assigned

to it in the Act;";

(d) the definition "operating aid" thereof shall be

substituted by the following new definition

" "operating aid" means the difference between the

feed-in tariffs under the Second Schedule and the proxy

for the market price for electricity established by the

Electricity Regulations;";

(e) the definition "proxy for the market price" thereof

shall be substituted by the following new definition

" "proxy for the market price" shall have the same

meaning as assigned to it in the Electricity Regulations;";

and

(f) the definition "undertaking in difficulty" thereof shall

be deleted.

Regulation 3 of the principal regulations shall be Substitutes

regulation 3 of

substituted by the following new regulation

the principal

regulations.

" Applicability.

3. These regulations shall apply to solar

photovoltaic installations insofar as such solar

photovoltaic installations are installed either in

residential or domestic premises or in non-residential or

institutional households, and which are to be connected to

the distribution system, and which are so connected either

directly or indirectly with the distribution system with the

appropriate protective and metering equipment

Provided that a feed-in tariff in accordance

with these regulations may only be awarded to solar

photovoltaic capacities of less than 40kWp.".

Sub-regulation (6) of regulation 4 of the principal Amends

regulation 4 of

regulations shall be amended as follows

the principal

regulations.

(a) in paragraph (b) thereof, the words "the proxy for the

market price established under the Fourth Schedule;" shall be

substituted by the words "the proxy for the market price

established under the Electricity Regulations;"; and

(b) in paragraph (c) thereof, the words "the proxy for the

market price established under the Fourth Schedule." shall be

substituted by the words "the proxy for the market price

established under the Electricity Regulations.".

In regulation 4A of the principal regulations, the words "the

proxy for the market price established under the Fourth Schedule"

shall be substituted by the words "the proxy for the market price

established under the Electricity Regulations".

In regulation 4C of the principal regulations, the words

"paid to the installation operator." shall be substituted by the words

"paid to the installation operator:" and immediately after there shall be

added the following new proviso

"Provided that this regulation shall only apply in

cases where the original application for a feed-in tariff was

approved with regard to a residential or domestic premises and

subject to such premises being continually categorised for billing

purposes as a residential or domestic premises throughout the

duration of the guaranteed period of payment.".

In the proviso to regulation 6 of the principal regulations,

the words "at the applicable electricity rate as established in the Fourth

Schedule." shall be substituted by the words "at the applicable

electricity rate as established in the Electricity Regulations.".

Regulation 7 of the principal regulations shall be deleted.

Regulation 9 of the principal regulations shall be amended

as follows

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

the words "at the applicable rate for such electricity as at the time

provided in the Fourth Schedule to these regulations." shall be

substituted by the words "at the applicable rate for such

electricity as at the time provided in the Electricity

Regulations."; and

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

electricity at the rate established in the Fourth Schedule." shall

be substituted by the words "for such electricity at the rate

established in the Electricity Regulations.".

In sub-regulation (2) of regulation 12 of the principal

regulations, the words "the proxy for the market price established

under the Fourth Schedule." shall be substituted by the words "the

proxy for the market price established under the Electricity

Regulations.".

In regulation 13 of the principal regulations, immediately Amends

after the words "tradable green certificate" there shall be added the regulation

words "or guarantees of origin certificate".

The First Schedule to the principal regulations shall be Amends the

amended as follows

(a) item 6 thereof shall be substituted by the following

new item

"6. The solar photovoltaic installation is

commissioned and an application to connect the

installation to the distribution system has been submitted

to the distribution system operator not later than twelve

(12) months from the date of approval of the FIT by the

Regulator. In the case that the solar photovoltaic

installation is not commissioned and an application to

connect the installation to the distribution system is not

submitted to the distribution system operator within the

aforesaid twelve (12) months, the eligibility for a FIT

shall be subject to the beneficiary of the FIT applying to

the Regulator for an extension, which extension shall not

be of more than

(a) twenty-four (24) months, in the case of

feed in tariff applications approved prior to the 1st

January 2023;

(b) twelve (12) months in the case of feed in

tariff applications approved after the 1st January

2023

Provided that any such extension may be

granted only once. The aforesaid extensions, irrespective

of the date of application for the extension, shall be

reckoned to commence as from the first day immediately

following the end of the mentioned first twelve (12)

month period allowed for the commissioning and

submittal of the application for connection to the

distribution system. 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 said 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) in item 9 thereof, the words "(e) type of aid and

amount of public funding needed for the project. 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." shall be substituted by the

words "(e) comprehensive declaration of the de minimis aid

received by the applicant and as required by the application

form."

The Second Schedule to the principal regulations shall be

amended as follows

(a) in item 1 thereof, Table A shall be substituted by the

following new Table

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

installations approved under the FIT scheme

Maximum units allocated

per annum for FIT

Capacity of solar

Feed-in Tariffs

photovoltaic

applicable between

payment to PV systems

installation installed

the 1st January 2023

FIT Scheme

approved under this FIT

in any location

and the 31st December

scheme between the 1st

January 2023 and the

31s t December 2023

=>1kWp and <40kWp 15 cents per kWh

12. 8 GWh per a n n u m

(8MWp) ";

(b) in item 2 thereof, the words "Electricity Market

Regulations (S.L. 545.13)" shall be substituted by the words

"Electricity Regulations (S.L.545.34)"; and

(c) in paragraph (a) of item 4 thereof, the words "1st

January 2022 until the 30th December 2022;" shall be substituted

by the words "1st January 2023 until the 31st December 2023;".

The Third Schedule and the Fourth Schedule to the

principal regulations shall be deleted.

€0.45