S.L. 545.27 Art. 4Sale of electricity generated from solar photovoltaic installations.

(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..