S.L. 545.43 Art. 29Joint projects with third countries.

(1) The Minister may make arrangements, or designate an authority or entity to make such arrangements, for the purpose of cooperation with one (1) or more third countries on all types of joint projects with regard to the production of electricity from renewable sources, where cooperation may also involve private operators and shall take place in full respect of international law:

Provided that such cooperation may also be jointly entered into with one (1) or more other Member States.

(2) Electricity from renewable sources produced in a third country shall be taken into account for the purposes of calculating Malta’s renewable energy share and, where other Member States are involved in the cooperation, for the purposes of calculating their renewable energy shares, only where the following conditions are satisfied:

(a) the electricity is consumed in the Union, which is deemed to be satisfied where:

(i) an equivalent amount of electricity to the electricity accounted for has been firmly nominated to the allocated interconnection capacity by all responsible transmission system operators in the country of origin, the country of destination and, if relevant, each third country of transit;

(ii) an equivalent amount of electricity to the electricity accounted for has been firmly registered in the schedule of balance by the responsible transmission system operator on the Union side of an interconnector; and

(iii) the nominated capacity and the production of electricity from renewable sources by the installation referred to in paragraph (b) refer to the same period of time;

(b) the electricity is produced by an installation that became operational after 25th June 2009 or by the increased capacity of an installation that was refurbished after such date, under a joint project as referred to in sub-regulation (1):

Provided that units of energy from renewable sources imputable to an increase in the capacity of an installation shall be treated as if they were produced by a separate installation becoming operational at the moment at which the increase of capacity occurred;

(c) the amount of electricity produced and exported has not received support from a support scheme of a third country other than investment aid granted to the installation; and

(d) the electricity has been produced in accordance with international law, in a third country that is a signatory to the Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, or other international conventions or treaties on human rights.

(3) For the purposes of sub-regulation (4), the Minister may apply to the Commission for account to be taken of electricity from renewable sources produced and consumed in a third country, in the SOURCES

context of the construction of an interconnector with a very long lead-time between a Member State and a third country where the following conditions are met:

(a) construction of the interconnector started by 31 December 2026;

(b) it is not possible for the interconnector to become operational by 31 December 2030;

(c) it is possible for the interconnector to become operational by 31 December 2032;

(d) after it becomes operational, the interconnector is to be used for the export of electricity from renewable sources to the Union, in accordance with sub-regulation (2); and

(e) the application relates to a joint project that fulfils the criteria established in paragraphs (b) and (c) of sub-regulation (2) and that will use the interconnector after it becomes operational, and refers to a quantity of electricity that is not greater than the quantity that will be exported to the Union after the interconnector becomes operational.

(4) The proportion or amount of electricity produced by any installation in the territory of a third country, which is to be regarded as counting towards Malta’s renewable energy share shall be notified to the Commission by the Minister, and when more than one (1) Member State is concerned, the distribution between Member States of such proportion or amount shall be notified to the Commission:

Provided that the proportion or amount shall not exceed the proportion or amount actually exported to, and consumed in the Union, shall correspond to the amount referred to in sub-paragraphs (i) and (ii) of paragraph (a) of sub-regulation (2) and shall satisfy the conditions established in paragraph (a) of the said sub-regulation.

(5) The notification referred to in sub-regulation (4) shall:

(a) describe the proposed installation or identify the refurbished installation;

(b) specify the proportion or amount of electricity produced from the installation which is to be regarded as counting towards Malta’s renewable energy share as well as, subject to confidentiality requirements, the corresponding financial arrangements;

(c) specify the period, in whole calendar years, during which the electricity is to be regarded as counting towards Malta’s renewable energy share; and

(d) include an acknowledgement of paragraphs (b) and (c) by the third country in whose territory the installation is to become operational and an indication of the proportion or amount of electricity produced by the installation which will be used domestically by such third country.

(6) The duration of a joint project as referred to in this regulation may extend beyond 2030.

(7) A notification made under this regulation shall be varied or withdrawn only where there is a joint agreement between Malta and the third country that has acknowledged the joint project in accordance with paragraph (d) of sub-regulation (5).