S.L. 545.35 Art. 4Support schemes for energy from renewable sources. 

(1) In order to reach or exceed the Union target of at least thirty-two per cent (32%), described in sub-regulation (1) of regulation 3 and Malta’s contribution thereto, as established in sub-

regulation (2) of regulation 3, the Minister may apply support schemes:

Provided that no support shall be granted, by means of any scheme or otherwise, for renewable energy produced from the incineration of waste, if the separate collection obligations established in Directive 2008/98/EC have not been complied with in respect of said waste.

(2) Support schemes for electricity from renewable sources shall provide incentives for the integration of electricity from renewable sources in the electricity market in a market-based and market-responsive way, while avoiding unnecessary distortions of electricity markets as well as taking into account possible system integration costs and grid stability.

(3) Support schemes for electricity from renewable sources shall be designed so as to maximise the integration of electricity from renewable sources in the electricity market and to ensure that renewable energy producers are responding to market price signals and maximise their market revenues, and therefore, to that end, with regard to direct price support schemes, support shall be granted in the form of a market premium, which could be, sliding or fixed: inter alia,

Provided that such direct support in the form of a market premium, which could be, sliding or fixed shall not apply to inter alia, support for electricity from the sources listed in Article 19d(4) of Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast), to which Article 19d(1) of the said Regulation applies.

(4) The Minister may exempt small-scale installations and demonstration projects from the provisions of sub-article (3),without prejudice to the applicable Union law on the internal market for electricity.

(5) The Minister shall ensure that support for electricity from renewable sources is granted in an open, transparent, competitive, non-discriminatory and cost-effective manner:

Provided that small-scale installations and demonstration projects may be exempted from tendering procedures and may also consider establishing mechanisms to ensure the regional diversification in the deployment of renewable electricity, in particular to ensure cost-efficient system integration.

(6) The Minister may limit tendering procedures to specific technologies where opening support schemes to all producers of electricity from renewable sources would lead to a suboptimal result, in view of:

(a) the long-term potential of a particular technology;

(b) the need to achieve diversification;

(c) grid integration costs;

(d) network constraints and grid stability;

(e) for biomass, the need to avoid distortions of raw materials markets.

(7) Where support for electricity from renewable sources is granted by means of a tendering procedure, the Minister shall, in order to ensure a high project realisation rate:

(a) establish and publish non-discriminatory and transparent criteria to qualify for the tendering procedure and set clear dates and rules for delivery of the project;

(b) publish information about previous tendering procedures, including project realisation rates.

(8) The Minister shall apply this regulation without prejudice to Articles 107 and 108 TFEU.