S.L. 545.35 Art. 5Openingofsupport schemes for electricity from renewable sources.

(1) The Minister shall have the right, in accordance with the provisions of these regulations, to decide to which extent electricity from renewable sources which is produced in another Member State is supported. However, the Minister may open participation in support schemes for electricity from renewable sources to producers located in other Member States, subject to the conditions laid down in this regulation.

(2) When opening participation in support schemes for electricity from renewable sources, the Minister may provide that support for an indicative share of the newly-supported capacity, or of the budget allocated thereto, in each year is open to producers located in other Member States.

(3) The indicative share referred to in sub-regulation (2) may, in each year, amount to at least five per cent (5%) from 2023 to 2026 and at least ten per cent (10%) from 2027 to 2030, or, where lower, to the level of interconnectivity of the Member State concerned in any given year.

(4) In order to acquire further implementation experience, the Minister may organise one or more pilot schemes where support is open to producers located in other Member States.

(5) The Minister may require proof of physical import of electricity from renewable sources. To that end, the Minister may limit participation in support schemes to producers located in Member States with which there is a direct connection via interconnectors. However, Member States shall not change or otherwise affect cross-zonal schedules and capacity allocation due to producers participating in cross-border support schemes. Cross-border electricity transfers shall be determined only by the outcome of capacity allocation pursuant to Union law on the internal market in electricity.

(6) Where the Minister opens participation in support schemes to producers located in other Member States, agreement on the principles of such participation. covering at least the principles of allocation of renewable electricity that is the subject of cross-border support shall be reached with the relevant Member States:

Provided that the Minister may, if so required, request the Commission to assist with the negotiation process.