S.L. 545.39 Art. 7Determination of the awarded bid price per kWh. 

(1) The premium per kWh shall be paid in each calendar year up to a capped amount of units of electricity generated and sold directly to the market and shall be payable for the guaranteed period:

Provided that in the first and last year of the guaranteed period, the annual cap shall be applied on a pro rata basis for the payment of the premium per kWh.

(2) The awarded bid price per kWh shall be determined by "pay-as-bid" such that each successful bidder shall receive an offer of award of the bid price per kWh as submitted in said successful bidder’s actual bid.

(3) The bidder shall submit a separate bid price per kWh for each separate eligible renewable energy installation proposed, as required in the competitive bidding process.

(4) The awarded bid price per kWh shall only be applicable to a successful bidder and only in respect of the proposed renewable energy installation as described in the bid, including the capacity in kW as offered in the bid, only as part of a specific competitive bidding process call. The capacity associated with the bid price shall be deemed to be equal to:

Offered kW x Full Load Hours 1600.

(5) Without prejudice to sub-regulation (4), where an approved renewable energy installation selected pursuant to a competitive bidding process is transferred to a third party, the validity of the awarded bid price for every kWh may remain applicable to the said approved renewable energy installation through an agreement entered into between the successful bidder, the third party purchaser and the Contracting Authority, subject to the third party obtaining any necessary permits, authorisation and licences, as may be applicable:

Provided that the provisions of sub-regulations (2) and

(3) of regulation 4 shall be applicable to such third party purchaser.

(6) The premium per kWh with respect to an approved renewable energy installation shall be payable for the actual number of units of electricity generated by such installation and sold directly to the market, up to the annual cap calculated as following:

Offered kW x Full Load Hours:

Provided that the number of full load hours which shall determine the annual cap for the payment of the premium per kWh shall be dependent on the particular technology or technologies being supported in the relevant competitive bidding process and specified in the documentation applicable thereto.

(7) Any units generated by the installation in excess of the annual cap in any calendar year shall not be subject to the provisions PRODUCING ELECTRICITY FROM RENEWABLE ENERGY 545.39 SOURCES

of the contract for difference.

(8) Repealed by Legal Notice 34 of 2024.

(9) Without prejudice to sub-regulations (4) and (5), an approved renewable energy installation may be relocated to an alternative site subject to obtaining the necessary permits, authorisations and licenses as may be applicable, and subject to the conditions laid down in the competitive bidding procedure documents:

Provided that this sub-regulation shall also be applicable to each of the multiple installations having a capacity inferior to forty kilowatts (40kW) and which have been presented as a single installation having a capacity equal to forty kilowatts (40kW) or greater.