Draft Regulation on the Technical Minimum Requirements for the Use of Smart Measurement Systems Passes European Notification

The draft Measurement System Ordinance (Messsystemverordnung – MsysV) on the technical minimum requirements for the use of smart measurement systems has passed the European Notification Procedure, the Federal Ministry of Economics (BMWi) informed.

Section 21c para. 1 German Energy Act (EnWG) stipulates that measurement systems in the sense of Section 21d and 21 e EnWG have to be installed

  • In new buildings;
  • In buildings that have undergone a major renovation in the sense of Directive 2010/31/EC on the Energy Performance of Buildings;
  • By consumers with an annual consumption of more than 6,000 kWh;
  • By operators of newly installed installations in the sense of the Renewable Energy Sources Act (EEG) or the Combined Heat and Power Act (KWKG) with an installed capacity of more the 7 kWh;
  • In the above four cases measurement systems are only mandatory if the installation of measurement systems is technically feasible. According to Section 21c para. 2 EnWG this is the case if measurement systems that comply with the legal requirements are available.
  • For all other buildings Section 21c para. 1 d) mandates the installation of measurement systems if technically and economically feasible. According to Section 21c para. 2 the installation is economically feasible if no additional costs for installation and operation arise for the consumer or if an economic assessment by the Federal Ministry of Economics and Technology that takes into consideration all long-term, maco-economic and individual costs and benefits, plus a respective ordinance order the installation.

Section 21d EnWG defines measurement systems in the sense of the law as measurement systems, which are part of a communication grid for the metering of electricity that reflects the actual energy consumption and the actual period of consumption (Nutzungszeit). According to said provision further details shall be regulated by an ordinance. Section 21e EnWG sets the general requirements for such measurement systems.

The draft MsysV ordinance, which passed EU notification, sets the technical minimum requirements for the use of smart meters in the sense of Section 21d EnWG (for more information, please see the notification message). MsysV was drafted  by the German Federal Office for Information Security by order of BMWI under close involvement of the Federal Commissioner for Data Protection, the Federal Network Agency and Physikalisch-Technische Bundesanstalt (PTB), the national metrology institute providing scientific and technical services.

In August BMWi published a study analyzing the costs and benefits of a full roll-out of smart meters in Germany. It concluded that it was not advisable and not in the interest of German consumers to implement the EU targets which would require that at least 80 % of consumers shall be equipped with intelligent meter­ing systems by 2020.

Pursuant to No. 2 of Annex I to EU Directive 2009\72\EC of 13 July 2009 concerning common rules for the internal market in electricity,  Member States shall ensure the implementation of intelligent metering systems that shall assist the active participation of consumers in the electricity supply market. The implementation of those metering systems can be made subject to an eco­nomic assessment of all the long-term costs and benefits to the market and the individual consumer, or which form of intelligent metering is economically reasonable and cost-effective, and which timeframe is feasible for their distribution.

The MsysV draft was part of a number of ordinances that were to be issued, concerning aspects such as data communication, data protection, organisation and financing of the roll-out of smart meters and incentives for more flexible consumption, BMWi pointed out.

Source: Federal Ministry of Economics and Technology

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