EEG Clearingstelle Advice Procedure on PV Commissioning Date for Replacements

Clearingstelle EEG (EEG Clearing Agency) has opened an advice procedure concerning the date of commissioning of PV installations,which are replaced by already used installations.

EEG Clearing Agency serves interested parties with regard to the interpretation and disputes relating to the Renewable Energy Sources Act (EEG). The current advice procedure shall clarify if Section 32 para. 5 sent. 1 EEG has to be interpreted in a way that only new PV installations, which have never been commissioned before, can replace PV installations in case of a technical defect, damage or theft.

Section  32 para. 5 sent. 1 EEG stipulates that “in derogation of Section 3 no.5 EEG, installations generating electricity from solar radiation that replace, on the same site, installations generating electricity from solar radiation because of a technical defect, damage or theft shall be deemed commissioned on the date on which the installations they replace were commissioned.”

Feed-in tariffs paid pursuant to the EEG are subject to degression. For solar energy a monthly base degression of 1% applies for feed-in tariffs. The degression can rise or fall depending on the amount of new solar capacity installed (cf. Section 20b EEG). Since the introduction of Section 20b EEG the degression has always been higher than 1%. Besides, various additional solar feed-in tariff cuts have taken place in the past to rein in solar growth. Hence, receiving the initial feed-in tariff in case of a replacement of an installation due to a technical defect, damage or theft, is in the interest of the plant owner.

Source: Clearingstelle EEG

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