Consultation on Proposal for Ordinance Amending Ordinances Regulating EEG Surcharge

The Federal Ministry for Economic Affairs and Energy (BMWi) has submitted a draft ordinance amending the Equalisation Scheme Ordinance (AusglMechV) and the Execution Ordinance (AusglMechAV) for review and comment by the stakeholders. The amendment intends to bring AusglMechV and AusglMechAV in line with the Renewable Energy Sources Act (EEG 2014) that entered into force on 1 August 2014. An important aspect is that the renewable energy surcharge on electricity (EEG surcharge), which under the EEG 2014 has to be paid also for self-generated and consumed green power (certain grandfathering rules and exemptions apply), shall not be levied by the transmission system operators (TSOs), but by the operators of the grid the renewable power plant is connected to.

The 2010 AusglMechV and AusglMechAV provide the legal framework for calculating the EEG surcharge for the next calendar year, the medium-term prognosis on renewable power (Mittelfristprognose) and the sale of renewable power by the transmission system operators (under the EEG 2014 renewable power from new plants generally has to be sold be the operator himself; for more information please see here).

While the system as such shall not be altered, a number of changes are proposed in the wake of the EEG 2014. Below you will find a list of key amendments:

  • In a bid to improve transparency TSOs will be required to publish more information when announcing the EEG surcharge for the coming year on 15 October;
  • Transparency requirements are streamlined to simplify the law and reduce red tape;
  • The date for publishing the medium-term prognosis will be moved forward to 15 October so that EEG surcharge and mid-term prognosis will be published on the same date; TSOs are no longer required to make a forecast for the EEG surcharge for the year after providing a range in which they believe the EEG surcharge will likely be (regarding the forecast range for the EEG surcharge for 2016, please see here);
  • The EEG surcharge, which has to be paid under the EEG 2014 also for self-generated and consumed power (for more information, please click here) shall be charged by the grid operator whose grid the renewable power plant is connected to and not by the TSOs; the distribution grid operators have to pass on the surcharge to the TSOs, but are entitled to keep 5% to cover costs (cf. Article 1, Section 8 para. 1, sent. 2 draft ordinance).

Comments on the draft are due by 25 November 2014. The government is to decide on the draft on 3 December 2014.

For a bill amending the EEG 2014, in particular the Special Equalisation Scheme for Railroad Operators that provides for EEG surcharge reductions for railroad operators, please click here.

Source: Federal Ministry for Economic Affairs and Energy

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