EEG Clearing Agency Procedure on Replacement, Relocation and Addition of/to Renewable Power Plants

Clearingstelle EEG(EEG Clearing Agency) recently started an advice procedure (Hinweisverfahren) on the legal consequences of the replacement and relocation of renewable power plants and parts thereof as well as the addition of whole new power plants or parts under the Renewable Energy Sources Act (EEG) as in force from 2009 (EEG 2009) and the EEG as applicable as of 2012 (EEG 2012).

The advice procedure is limited to landfill gas, sewage treatment gas and mine gas power plants  as well as biomass, geothermal and wind power plants due to the special technical features of photovoltaic power plants. Modules are usually generators as well as plants in the sense of Section 3 no. 1 sent. 1 EEG 2009 respectively EEG 2012 so that an exchange or relocation of parts of the power plant basically never occurs. It also covers the special provisions regarding the exchange of parts of hydropower plants (Section 23 para.2 and 4 EEG 2009 respectively Section 23 para. 2 EEG 2012.

EEG Clearing Agency pointed out that the advice procedure does not address the (controversial) interpretation of the term “installation” in Section  3 no. 1 EEG 2009 respectively EEG 2012. However, the agency announced to indicate in its final advice if the different interpretations would lead to differing conclusions.

Associations, interest groups and public authorities listed the code of procedure of EEG Clearing Agency are asked to comment by 3 December 2012.

EEG Clearing Agency is an independent body established by the Ministry for the Environment, Nature Protection and Nuclear Safety that serves interested parties with regard to the interpretation and disputes relating to the EEG, thus helping to reduce the need for recourse to the courts. The agency explicitly pointed out in the explanatory note to the consultation procedure that the highest civil court, the Federal Court of Justice (BGH), has the right to come to a deviating interpretation regarding the above mentioned issues that is binding for the lower courts.

Source: Clearingstelle EEG: opening decision, explanatory note regarding consultation procedure

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