EEG Clearing Agency Issues Vote on Need for Stationary Installation of PV Power Plants

Clearingstelle EEG (EEG Clearing Agency) has issued a vote concerning the need for a stationary installation of PV power plants in order to receive solar feed-in tariffs under the Renewable Energy Sources Act 2009 as applicable until 31 December 2011 (EEG 2009). The agency also commented on the legal situation under the EEG 2012.

In line with a prior recommendation issued in 2010 EEG Clearing Agency held that a stationary installation (ortsfeste Installation) of PV power plants was not a prerequisite for the commissioning of a plant in the sense of Section 3 no. 5 EEG 2009, on which the start and duration of EEG payments depend.

Section 3 no. 5 EEG 2009 read: “”commissioning” shall mean the first time an installation is put into operation, following the establishment of operational readiness, irrespective of whether the generator in the installation was put into operation using renewable energy sources, mine gas or other energy sources”

In the case at hand claimant built a PV power plant on his property in late 2010 and early 2011. On 29 December 2010 223 modules with a capacity of 44.27 kW were installed. Another 716 modules with a capacity of 136.04 kW were also delivered in December 2010, but could only be installed in early 2011 due to extreme weather conditions. According to a statement by the supplier dated 28 December 2010 all the modules (including the ones not yet installed on the roof of claimant) were operational. Hence EEG Clearing Agency held that all modules had been commissioned in the sense of Section 3 no. 5 EEG. Therefore  claimant was eligible for solar feed-in tariffs as payable on 31 December 2010.

EEG Clearing Agency pointed out that the legal situation has changed since the amendment of the EEG 2012 that entered into force on 1 April 2012. At the time Section 3 no. 5 EEG was supplemented by two more half-sentences, one of which reads: “the operational readiness depends on the stationary installation of the plant at the place intended for permanent operation and the permanent installation of supplies needed to generate alternating current”.

Source: Clearingstelle EEG

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