FEED-IN TARIFFS SCHEME (ELECTRICITY GENERATED FROM SOLAR PHOTOVOLTAIC INSTALLATIONS) REGULATIONS

SUBSIDIARY LEGISLATION 545.27

FEED-IN TARIFFS SCHEME (ELECTRICITY

GENERATED FROM SOLAR PHOTOVOLTAIC

INSTALLATIONS) REGULATIONS

1st July, 2013 *

LEGAL NOTICE 253 of 2013, as amended by Legal Notices 271 of 2013,

and 7, 155 and 416 of 2014; Act XXXIV of 2014; Legal Notices 171, 264,

365 and 415 of 2015; Act XXV of 2015; and Legal Notices 31, 237, 346,

369 of 2016, 32, 104, 120, 200, 338,381 of 2017, 149 of 2018, 159 of 2018

160 of 2018 and 2 and 171 of 2019 and 94, 234, 417 of 2020 and 36, 61,

298 of 2021, 69 and 88 of 2022, 43 of 2023, 35 of 2024, 48 of 2025 and 101

of 2026.

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

Scheme (Electricity Generated from Solar Photovoltaic

Installations) Regulations.

(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.

Amended by

L.N. 155 of 2014;

(Regulation 4)

XXXIV. 2014.56;

XXV. 2015.41;

L.N. 264 of 2015;

L.N. 415 of 2015;

L.N. 237 of 2016;

L.N. 94 of 2020;

L.N. 234 of 2020;

L.N. 43 of 2023;

L.N. 48 of 2025.

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 Regulator.

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 submission date of a request to participate in the FIT scheme shall be

considered in the determination of the applicable FIT scheme and approval of the FIT

under such scheme by the Regulator.

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

a p p l i c a b l e y e a r as d e t e r m i n e d i n r e g u l a t i o n 7 a n d i n t h e T h i r d S c h e d u l e .

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

Regulator in accordance with any applicable legislation.

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

FEED-IN TARIFFS SCHEME (ELECTRICITY GENERATED

FROM SOLAR PHOTOVOLTAIC INSTALLATIONS)

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.

7. The installation operator complies at all times with the obligations

established in these regulations, the Network Code and all other applicable

legislation.

8. Deleted by Legal Notice 48 of 2025.

9. The applicant for a feed-in tariff shall submit an application in such form

a n d m a n n e r a s r e q u i r e d b y t h e R e g u l a t o r, a n d w h i c h s h a l l c o n t a i n , o r b e

accompanied by, such information and documents as may also be required by the

Regulator.

The application for the feed-in tariff shall contain at least the following

information

(a) applicant’s name and size of the undertaking, where applicable;

(b) location of the project;

(c) list of project costs;

(d) kW DC rating of the solar photovoltaic installation;

(e) a comprehensive declaration of the de minimis aid received by the

applicant and as required by the application form.

(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 Regulator for Energy and Water Services

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;

"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;

"co-generation" means the simultaneous generation in one

process of thermal energy and electrical or mechanical energy;

"co-generation unit" means a unit that is able to operate in co-

generation mode;

"commissioned" means the first time a solar photovoltaic

installation is put into operation, following the establishment of

operational readiness;

"DC" means direct current;

" 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;

*see regulation 1(3) of these Regulations, as originally promulgated.

"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;

"distribution system operator" shall have the same meaning as

assigned to it in the Electricity Regulations;

"domestic premises" means premises which include private

dwellings with no persons registered with the distribution system

operator 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;

"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;

"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;

"metering equipment" means the electricity meters provided by

the distribution system operator 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" shall have the same meaning as assigned to it in the

Act;

"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;

"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;

"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;

"prem ises cod e" means a u niq ue num ber assigned by t he

distribution system operator identifying a particular premises with its

individual service address and served with electricity and, or water;

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

assigned to it in the Electricity Regulations;

"the Regulator" means the Regulator for Energy and Water

Services as established by the Act;

"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

A RMS Lim it ed f or t he t akin g of periodic electricity meter

readings;

"smart meters" shall have the same meaning as assigned to it in the

Electricity 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 the distribution system operator, after the

said solar photovoltaic installation has been approved

by the Regulator as meeting the applicable criteria

specified in the First Schedule;

"structure integrated solar photovoltaic installation" means a

solar photovoltaic installation whereby the photovoltaic panels

form part of the fabric of a structure which is not primarily

intended for supporting PV panels but which can be so adapted.

These include the following

(a) photovoltaic installations integrated in building

façades only when the panels replace glass, stone,

concrete or other building components in the façade;

(b) bus shelters when the panels form part of the bus

shelter envelope substituting other material necessary

for the structure to function as a bus shelter;

(c) canopies when the panels substitute other materials;

(d) greenhouses when the PV panels substitute other

material;

"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

Regulator 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 Regulator

together with the request to participate in the FIT scheme;

"undertaking" means any entity engaged in an economic activity,

regardless of its legal status and the way in which it is financed.

For the purposes of this definition "entity" includes any natural or

legal person engaged in the provision of a good or service on the

market;

Amended by

L.N. 271 of 2013;

(Regulations 3, 5, 6)

L.N. 7 of 2014;

L.N. 155 of 2014;

XXXIV. 2014.56;

L.N. 416 of 2014;

XXV. 2015.41;

L.N. 264 of 2015;

L.N. 365 of 2015;

L.N. 415 of 2015;

L.N. 237 of 2016;

L.N. 346 of 2016;

L.N. 32 of 2017;

L.N. 104 of 2017;

L.N. 200 tal-2017;

L.N. 338 tal-2017;

L.N. 381 of 2017;

L.N. 149 of 2018;

L.N. 160 of 2018;

L.N. 2 of 2019;

L.N. 94 of 2020;

L.N. 417 of 2020;

L.N. 61 of 2021;

L.N. 69 of 2022;

L.N. 43 of 2023;

L.N. 35 of 2024;

L.N. 48 of 2025;

L.N. 101 of 2026.

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 the Regulator for the periods of time

FEED-IN TARIFFS SCHEME (ELECTRICITY GENERATED

FROM SOLAR PHOTOVOLTAIC INSTALLATIONS)

referred to in Table A; and

(b) with the type of installation as shown in Table A, in Malta and Gozo and

in accordance with regulation 3; and

(c) exported to the distribution system up to an annual threshold calculated

as kWp multiplied by 1600h; and

(d) for a period of guaranteed payment of feed-in tariff of twenty (20) years;

and

(e) where the installation, and, or the photovoltaic panels and, or its inverter

have not previously been used for the generation of electricity;

the feed-in tariff to be paid by the distribution system operator to an installation

operator for electricity generated from solar photovoltaic installations and supplied

to the distribution system operator shall be in accordance with the amounts per kWh,

solar photovoltaic installation’s individual capacity limits and maximum units

allocated per annum for payment of each feed-in tariff as established in Table A

Maximum units allocated

per annum for FIT payment

Capacity of solar photo- Feed-in Tariffs applica-

to PV systems approved

voltaic

ble between 1 st January under this FIT scheme

FIT Scheme

installation installed in 2026 and 30 th Novem-

between the 1 st January

any type of location

ber 2026

2026 and the 30 th Novem-

ber 2026

=>1kWp and <40kWp

15 cents per kWh

12.8 GWh

per

annum

(8MWp)

In line with the first-come-first served principle, the Regulator reserves the

right to stop accepting applications for a feed in tariff if, in its opinion, it has

received sufficient applications which reach the total maximum units allocated for

FIT payment to solar photovoltaic installations in terms of Table A and following

publication of a notice to that effect in the web-site of the Regulator.

The receipt of any application by the Regulator, should not be construed as

an acceptance or approval thereof and does not in any manner whatsoever give rise

to any obligation on the part of the Regulator to allocate a feed-in tariff to the

applicant.

The maximum units allocated in Table A for each FIT scheme do not include

units from solar photovoltaic installations which pursuant to item 6 of the First

Schedule benefit from an extension as provided in that item.

2. 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 Regulator for its

approval under the Electricity Regulations (S.L.545.34).

3. Electricity sold to the distribution system operator and measured in kVAh

shall be paid at the applicable feed-in tariff as that applied for electricity sold to the

distribution system operator and measured in kWh.

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

installations -

FEED-IN TARIFFS SCHEME (ELECTRICITY GENERATED

FROM SOLAR PHOTOVOLTAIC INSTALLATIONS)

(a) approved for the FIT scheme from the 1 st January 2026 until 30 th

November 2026; 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 1600h; and

(d) where the installation operator benefits from a grant on the initial capital

investment with regard to the solar photovoltaic installation, the feed-in

tariff to be paid by the distribution system operator to an installation

operator for electricity generated from solar photovoltaic installations

and supplied to the distribution system operator shall amount to 10.5

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

twenty (20) years for electricity generated from solar photovoltaic

installations located in Malta and Gozo; and;

(e) where the installation and, or the photovoltaic panels and, or its inverter

have not previously been used for the generation of electricity.

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 premises 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.

Substituted by

L.N. 155 of 2014.

(Regulation 7)

Amended by

XXXIV. 2014.56;

L.N. 264 of 2015;

L.N. 415 of 2015;

L.N. 237 of 2016.

Repealed by Legal Notice 43 of 2023.

(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 the distribution system operator prior to the

entry into force of these regulations, the installation operator shall

retain existing net metering arrangements with the distribution

system operator 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 shall not increase the

capacity of a solar photovoltaic installation commissioned and

connected to the distribution system on a net metering

arrangement.

(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 the distribution system

operator 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

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.

(3) 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 the distribution system operator.

(4) In the case where the installation operator opts to utilise the

electricity generated by the solar photovoltaic installation, the

distribution system operator shall install metering equipment to

measure all the electricity generated by the solar photovoltaic

installation in addition to the import/export metering equipment.

Without prejudice to the generality of the foregoing, subject to

the attainment of the consent of the distribution system operator, the

installation operator may install metering equipment to measure all the

electricity generated by the solar photovoltaic installation as an

alternative to the installation of metering equipment by the distribution

system operator for the purpose of measuring all the electricity

generated by the solar photovoltaic installation.

(5)

The electricity generated -

(a) from solar photovoltaic installations approved with a

different feed-in tariff for electricity generated and

sold to the distribution system operator shall be

separately metered and such solar photovoltaic

installations shall be deemed to be separately installed;

(b) from installations producing electricity from

renewable energy sources other than solar energy

connected with the same premises code with solar

photovoltaic installations installed in terms of

paragraph (a) shall also be separately metered;

(c) from cogeneration units connected with the same

premises code as solar photovoltaic installations

installed in terms of paragraph (a) shall also be

separately metered.

(6) In the case of an installation operator who generates

electricity -

(a) from

separately

installed

solar

photovoltaic

installations and connected with the same premises

code and approved with different feed-in tariffs, the

electricity produced from each separately installed

solar photovoltaic installation shall be paid by the

distribution system operator at the applicable feed-in

tariff rate as approved to each separate solar

photovoltaic installation

Provided that any addition to a solar photovoltaic

installation’s capacity during the period of guaranteed

payment of the feed-in tariff, when the installation

operator has chosen the option to generate electricity

primarily for own consumption and with the export of

any excess electricity generated to the distribution

system, shall not be deemed to be a separately

installed solar photovoltaic installation and the

provisions of regulation 12(2) shall apply;

(b) primarily for own consumption and exports any excess

electricity to the distribution system from an

installation producing electricity from renewable

energy sources other than from solar photovoltaic

installations, and connected with the same premises

code as a solar photovoltaic installation installed

primarily for own consumption, the export of any

excess electricity generated to the distribution system,

for any excess electricity generated and exported to the

distribution system, shall be paid by the distribution

system operator at the proxy for the market price

established under the Electricity Regulations;

(c) primarily for own consumption and who exports any

excess electricity to the distribution system from an

installation producing electricity from a cogeneration

unit connected with the same premises code as a solar

photovoltaic installation installed primarily for own

consumption and with the export of any excess electricity

generated to the distribution system, any excess

electricity generated and exported to the distribution

system shall be paid by the distribution system operator

at the proxy for the market price established under the

Electricity Regulations..

In the case of electricity generated exclusively by solar

photovoltaic installations constructed mainly for own consumption

and where the installation operator does not benefit from any feed-

in tariff under these regulations, the rate to be paid for any surplus

electricity generated on site but not consumed and supplied to the

distribution system operator shall be the proxy for the market price

established under the Electricity Regulations

Provided that

(a) the installation operator may not avail himself of the

benefits under regulation 12(1)(e); and

(b) in the case of an extension to the capacity of a solar

photovoltaic installation installed in terms of

regulation 4A, the rate paid for the surplus electricity

generated on site but not consumed and supplied to the

distribution system operator shall be the proxy for the

market price established under the Fourth Schedule;

and

(c) solar photovoltaic installations installed in terms of

this regulation shall not be installed as an extension to

an existing solar photovoltaic installation already

benefiting from a feed-in tariff under these

regulations

(d) in the case of -

(i)

roof mounted solar photovoltaic installations

and, or solar photovoltaic installations

integrated in the exterior walls of a building, the

installed capacity which may be paid the proxy

for the market price established shall be limited

to 5MWp per annum;

(ii) ground mounted solar photovoltaic installations,

the installed capacity which may be paid the

proxy for the market price established shall be

limited to 2MWp per annum.

Any installation operator, who in force of the Feed-In Tariffs

(Electricity Generated From Solar Photovoltaic Installations)

Regulations, or in force of these regulations, is being paid or may

be paid the marginal cost, however so described, shall as from the

entry into force of this regulation, be paid the proxy for the market

Any installation operator who was regulated by the repealed

Feed-In Tariffs (Electricity Generated From Solar Photovoltaic

Installations) Regulations, 2010 (originally promulgated by Legal

Notice 422 of 2010), or as from the 1st July 2013, is being paid the

proxy for the market price, and notwithstanding any other provision of

these regulations, in the case of electricity generated exclusively by

solar photovoltaic installations

(a) approved on a FIT scheme before the 1st January 2020;

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 1600h,

the installation operator shall be paid a feed-in tariff which amounts to

L.N. 155 of 2014;

(Regulations 4, 4A, 6, 9, 12)

XXXIV. 2014.56;

L.N. 171 of 2015;

XXV. 2015.41;

L.N. 369 of 2016;

L.N. 120 of 2017;

L.N. 159 of 2018;

L.N. 171 of 2019;

L.N. 36 of 2021;

L.N. 298 of 2021;

L.N. 88 of 2022.

Repealed by Legal Notice 43 of 2023.

5 cents per kWh for a period of guaranteed payment of the feed-in

tariff of twenty (20) years less the duration for which a FIT has already

been paid to the installation operator

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.

5. (1) The feed-in tariff 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.

(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) 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.

(4) 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 Regulator and as measured by the distribution

system operator metering equipment.

6. The feed-in tariff to be paid by the distribution system

operator to installation 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 Electricity

Regulations.

7. Repealed by Legal Notice 43 of 2023.

8. (1) The distribution system operator 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 the distribution

system operator and the installation operator.

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

operator and the distribution system operator 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 the distribution system operator, the distribution system

operator shall credit the installation operator the balance due by

means of a credit note

Provided that the distribution system operator shall pay the

installation operator the balance due in such credit note for the

supp ly of electri ci ty by th e inst all at ion operator when two

consecutive scheduled bills based on actual meter readings are

shown to be in credit and such payment shall be effected within

sixty days of the date of the second scheduled bill.

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

no set-off agreement exists between the installation operator and

the distribution system operator 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 the distribution system operator, the distribution

system operator 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 the distribution system operator 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.

9. (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 Electricity Regulations.

(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 the distribution system operator.

(3) 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 as provided in sub-regulation (1), the distribution

system operator 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 Electricity

Regulations.

(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.

10. Installation operators shall

(a) submit such information as the Regulator may

reasonably require;

(b) request the prior approval of the Regulator and of the

distribution system operator, in the form and manner

they may reasonably require, if the solar photovoltaic

installation is to be 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 Regulator;

(d) make available to the distribution system operator and

to the Regulator 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, subject to the prior

approval of the Regulator

Provided that

(a) the new installation owner shall not be considered by

the distribution system operator and the Regulator as a

new installation operator if such installation owner is

not in compliance with any other law, permit or any

requirement in relation to the solar photovoltaic

installation;

(b) the new installation owner shall inform the

distribution system operator and request the approval

of the Regulator as aforesaid 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;

(c) the new installation owner takes over all obligations

held by the previous installation operator.

(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 from a

premises to another different premises with a different

premises code but with same use;

(d) transfer of solar photovoltaic installation from a

premises to another different premises with a different

premises code and with different use;

(e) change option from "sell all electricity generated" to

"generate electricity primarily for own use" or vice

versa, as provided for in regulation 9

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.

(2) In the case where an installation operator increases the

generation capacity of a solar photovoltaic installation which is

connected to the distribution system and which benefits from a FIT,

the feed-in tariff to be paid by the distribution system operator and

the period for guaranteed payment of the feed-in tariff shall remain

the same as that approved by the Regulator and such increased

capacity shall not be eligible for the payment of such feed-in tariff

and any electricity exported above the threshold approved as part of

the feed in tariff shall be paid at the proxy for the market price

established under the Electricity Regulations.

(3) The changes listed in sub-regulation (1) shall become

applicable from the date of the first meter reading taken after the

date of submission of an application to the distribution system

operator to approve and take the necessary action

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

(4) The change in location of a solar photovoltaic installation

from roof-mounted to ground-mounted or vice versa, for the

purposes of the scheme shall be prohibited and any such change

shall lead to the withdrawal of the feed in tariff

Provided that this shall apply only when the applicable

f e e d - i n t a r i ff f o r r o o f - m o u n t e d a n d g r o u n d - m o u n t e d s o l a r

photovoltaic installations is not identical.

(5) In the case of a solar photovoltaic installation connected to

the grid in accordance with regulation 3 that has benefited from a

grant and which was approved a feed-in tariff, such feed-in tariff

shall remain applicable even if subject to the grant scheme

conditions and as determined by the administrator of the grant

scheme, the grant given for the solar photovoltaic installation has

to be reimbursed.

Installation operators shall not be entitled to any tradable

green certificate or guarantees of origin certificate for electricity

generated from the solar photovoltaic 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

Connection and Supply Regulations shall apply mutatis mutandis to

solar photovoltaic installation operators in the same manner as

provided for in those regulations.

On the coming into force of these regulations, any

reference, in any legislation, to the Feed-in Tariffs (Electricity

Generated from Solar Photovoltaic Installations) Regulations, 2010

FEED-IN TARIFFS SCHEME (ELECTRICITY GENERATED

FROM SOLAR PHOTOVOLTAIC INSTALLATIONS)

(revoked by these Regulations) shall be construed as a reference to

these regulations.

FEED-IN TARIFFS SCHEME (ELECTRICITY GENERATED

FROM SOLAR PHOTOVOLTAIC INSTALLATIONS)