EEG 2.0: Updated Ministerial Draft for EEG Reform Published – Comments Requested by 2 April 2014 17:00 CET

The Federal Ministry of Economic Affairs and Energy (BMWi) has today published a new draft bill for a reform of the Renewable Energy Sources Act (EEG) and circulated the draft to top level municipal and other associations for review and comment. The deadline for comments is 2 April 2014 17:00 CET.

This second consultation shall in particular cover the new structure of the special equalisation scheme (besondere Ausgleichsregelung – Section 60 et seq.) as well as the provision covering self supply (Eigenversorgung – Section 58). The provisions are still being discussed within the federal government. Details, in particular regarding energy efficiency and independent enterprise parts, are still being reviewed.

Remaining blanks shall be filled as soon as the Commission will have made the final version of its guidelines on environmental and energy aid available. Certain parts in the general part of the legislative memorandum (Begründung) and on the costs of the revision have not yet been updated. This shall happen when the Commission’s guidelines on environmental and energy aid shall have been finalised, as the commercial effects of the revision can only then be assessed. Furthermore, no agreement has so far been reached between the Ministry for Economic Affairs and Energy and the Ministry of Food and Agriculture on the biomass provisions. Also, no agreement has as yet been reached between the Ministry for Economic Affairs and Energy and the Ministry of Transport and Digital Infrastructure on the special equalisation scheme for railways.

The extremely short time span to comment of less than two days is challenging (and apparently not an April’s fool day joke). It remains to be seen how much meaningful input can be produced in the given timeframe. Results shall be published.

The Federal Cabinet’s decision on the official draft bill from the government (Regierungsentwurf) is scheduled for 8 April.

Source: BMWi – Revised Ministerial Draft EEG Revision – Text EEG 31.03.2013; BMWi – Revised Ministerial Draft EEG Revision 31.03.2014 – Text Legislative Memorandum

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