New Biomass Bonus Advisory Note from Clearingstelle EEG

Clearingstelle EEG (EEG Clearing Agency) concluded an advice procedure (“Hinweisverfahren”) with respect to the interpretation and interplay of certain bonus provisions for biomass in the Renewable Energy Act (EEG). The Agency determined that substances mentioned in a positive or a negative list in an annex to the EEG are not subject to a cumulative test of compliance with the general renewable biomass source requirements.

EEG Clearing Agency is an independent body established by the Ministry for the Environment, Nature Protection and Nuclear Safety that serves interested parties with regard to the interpretation and disputes relating to the EEG.

In October the Agency had initiated a consultation procedure, because it firstly wanted to determine whether substances listed in a positive list in Annex 2 III EEG also have to fulfill the criteria of the general clause of Annex 2 II no. 1, which defines renewable resources in the sense of the EEG. Secondly, EEG Clearing Agency wanted to determine whether substances listed in the negative list in Annex 2 IV cannot receive the biomass bonus of Section 27 para 4 no. 2 EEG even if they fall under the general clause of Annex 2 II no. 1.

The Agency now published its recommendation according to which

  1. Substances listed in Annex 2 III EEG do not have to additionally  fulfill the criteria of the general clause in Annex 2 II no. 1 in order to be eligible for the increased feed-in tariff pursuant to Section 27 para 4 no. 2 EEG 2009 (“NawaRo-Bonus”);
  2. Substances mentioned in the negative list of Annex 2 IV EEG  are not eligible for the NawaRo bonus, even if the fulfill the criteria of the general clause;
  3. The fact that substances are listed either in the positive or the negative list therefore precludes the application of the biomass criteria of the general clause;
  4. Whether a substance falls within the scope of the positive or the negative list has to be ascertained by interpreting the lists;
  5. To avoid misunderstandings, the Agency expressly pointed out that the question whether the use of bark from industrial production (saw mill bark) in electricity generation is eligible for the NawaRo bonus has not been answered with the advice given in this procedure. Whether or not a substance falls within the scope of the positive list is subject to an individual procedure, the so-called voting procedure (“Votumsverfahren”).

Source: Clearingstelle EEG