S.L. 545.39 ст. 3Interpretation. 

(1) Unless otherwise stated in these regulations, the definitions in the Public Finance Management Act shall apply.

(2) In these regulations, unless the context otherwise requires:

"annual cap" means the maximum number of kWh generated annually for the period of time commencing on the 1st January and ending on the 31st December of each year and sold directly to the market, to which the payment of the premium per kWh shall apply;

"approved renewable energy installation" means an eligible renewable energy installation which, once commissioned, produces electricity from a renewable energy source and which is granted financial support for the first time following a competitive bidding process in accordance with these regulations and in respect of which a contract for difference has been entered into between the Contracting Authority and the successful bidder; PRODUCING ELECTRICITY FROM RENEWABLE ENERGY 545.39 SOURCES

"awarded bid price per kWh" means the bid price per kWh offered by a successful bidder during a competitive bidding process;

"balancing" means balancing as defined in point 10 of Article 2 of Regulation (EU) 2019/943 of the European Parliament and of the Council of 5 June 2019 on the internal market for electricity (recast);

"bid price per kWh" means price per kWh submitted by a bidder in a competitive bidding process;

"commission" means the first time a renewable energy installation is put into operation, following the establishment of operational readiness by the warranted electrical engineer certifying the installation;

"Commission Regulation (EU) No 651/2014" means Commission Regulation (EU) No 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty, as amended by Commission Regulation (EU) 2017/1084 of 14 June 2017 amending Regulation (EU) No 651/2014 as regards aid for port and airport infrastructure, notification thresholds for aid for culture and heritage conservation and for aid for sport and multifunctional recreational infrastructures, and regional operating aid schemes for outermost regions and amending Regulation (EU) No 702/2014 as regards the calculation of eligible costs, and by Commission Regulation

(EU) 2020/972 of 2 July 2020 amending Regulation (EU) No 1407/2013 as regards its prolongation and amending Regulation

(EU) No 651/2014 as regards its prolongation and relevant adjustments, and by Commission Regulation (EU) 2021/1237 of 23 July 2021 amending Regulation (EU) No 651/2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty, and as may be subsequently amended;

"competitive bidding process" means a non-discriminatory bidding process that provides for the participation of a sufficient number of undertakings and where the support is granted on the basis of the bid submitted by the bidder. Moreover, the volume related to the bidding process shall be a binding constraint leading to a situation where not all bidders may receive support;

"competitive bidding process administrator" means any entity delegated with the administration of the competitive bidding process. The competitive bidding process administrator for any competitive bidding process shall be named in the documentation pertaining to that bidding process;

"contract for difference" means the contract entered into between the Contracting Authority and a successful bidder, regulating the payment of the premium per kWh of electricity up to the annual cap for each year of the guaranteed period, for electricity generated from renewable energy sources and sold directly on the market from an approved renewable energy installation;

"contracting authority" means the contracting party responsible for issuing and administering the competitive bidding process, provided that any part of the administration of the competitive bidding process may be delegated to a competitive bidding process administrator;

"distribution" means the transport of electricity by means of high voltage, medium voltage and low voltage distribution systems with a view to its delivery to consumers, but not including the supply;

"distribution system" means all the interconnected technical facilities used for conveying electricity to final customers;

"distribution system operator" means the same as the meaning assigned to it in regulation 2 of the Electricity

Regulations;

"electricity from renewable energy sources" means electricity produced by plants using only renewable energy sources, or, in the case of hybrid plants which also use conventional energy sources, the share of electricity produced from renewable energy sources calculated in terms of their calorific value. It includes renewable electricity used for filling storage systems connected behind-the-meter, but excludes electricity produced as a result of storage systems;

"electricity markets" means the same as the meaning assigned to it in regulation 2 of the Electricity Regulations:

Provided that until such time as an electricity market exists which is open for successful bidders to sell electricity directly to the market, electricity sold to the distribution system operator shall be deemed to have been sold directly to the market for the purposes of these regulations;

"eligible person" means any person, being a natural or legal person, including any body corporate, company, society or PRODUCING ELECTRICITY FROM RENEWABLE ENERGY 545.39 SOURCES

other association of persons, and any renewable energy community;

"eligible renewable energy installation" means a new renewable energy installation having a capacity of forty kilowatts (40kW) or more which, once constructed and commissioned, produces electricity from a renewable energy source, which may be granted financial support for the first time following a competitive bidding process:

Provided that up to five (5) new renewable energy installations employing the same technology which shall be installed at separate locations and, where each has a capacity inferior to forty kilowatts (40kW), but which together have a total capacity exceeding forty kilowatts (40kW), may be offered by a bidder as a single bid at the same bid price;

"energy from renewable sources" or "renewable energy" means energy from renewable non-fossil sources, namely wind, solar (solar thermal and solar photovoltaic) and geothermal energy, ambient energy, tide, wave and other ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas, and biogas;

"force means acts of God, strikes, lock-outs or majeure" other industrial disturbances, acts of the public enemy, wars whether declared or not, blockades, insurrection, riots, pandemics, landslides, earthquakes, storms, direct lighting strikes, floods, washouts, civil disorder, explosions and other similar events which are unforeseeable, and which at the time of the signing of any contract between the Contracting Authority and a successful bidder, which by the exercise of all due diligence cannot be overcome and which, in the view of the Contracting Authority, prevent a successful bidder from adhering to his obligations due to causes beyond his reasonable control;

"full load hours" means the equivalent number of hours in a calendar year during which the renewable energy installation produces at its full nominal or kW capacity;

"generation" means the production of electricity;

"guaranteed period" means the period of time indicated in the applicable competitive bidding process documentation for which the renewable energy installation which was awarded financial support under a competitive bidding process shall remain operational, and for which the premium per kWh for the electricity generated and sold directly to the market from an approved renewable energy installation is guaranteed;

"kW" means kilowatt, which in the context of these regulations shall be taken to refer to the nominal capacity of the renewable energy installation, and specifically to the nominal direct current (kWp) rating in the case of solar photovoltaic installations;

"kWh" means one (1) kilo Watt per one (1) hour;

"metering equipment" means the electricity meters provided by the distribution system operator including smart meters, any voltage and current transformers and any other associated equipment and wiring required to measure the quantity of electricity supplied or exported;

"Minister" means the Minister responsible for energy and water services;

"new renewable energy installation" means a renewable energy installation which has never, in whole or in part, been used for the generation of electricity;

"performance bond" means the performance bond which shall be provided by a successful bidder to the Contracting Authority in accordance with regulation 11;

"premium" means the difference between the awarded bid price per kWh and the proxy for the market price per kWh, which shall apply when the awarded bid price per kWh is different from the proxy for the market price per kWh:

Provided that the premium shall be negative when the proxy for the market price exceeds the awarded bid price per kWh, and that the premium shall be zero when the market price per kWh is negative;

"proxy for the market price" means the same as the meaning assigned to it in in regulation 2 of the Electricity Regulations;

"renewable energy community" means the same as the meaning assigned to it in regulation 2 of the Promotion of

Energy from Renewable Sources Regulations;

"renewable energy installation" means a renewable energy installation which produces electricity from a renewable energy source.

"smart meter" means the same as the meaning assigned to it in regulation 2 of the Electricity Supply Regulations;

PRODUCING ELECTRICITY FROM RENEWABLE ENERGY 545.39 SOURCES

"successful bidder" means a bidder whose offer is selected following a competitive bidding process;

"supply" means the same as the meaning assigned to it in regulation 2 of the Electricity Regulations.";

undertaking in difficulty" means an undertaking in difficulty as defined in Article 2 of Commission Regulation

(EU) No 651/2014.