EEG 2009 Amendment and EEG 2012 Published in Federal Law Gazette

The recent amendment of the Greenhouse Gas Emission Trading Act (TEHG) and the Act Amending the Legal Framework for the Promotion of the Electricity Generation from Renewable Energy Sources, which both contain amendments of the Renewable Energy Sources Act (EEG) have been published in the Federal Law Gazette.

The TEHG revision mainly transposes EU law, but also alters the current version of the EEG, often referred to as “EEG 2009”.

The following changes will enter into force on 28 Juli 2011:

  • Section 66 para. 1 no. 5 EEG 2009 (sentences 3 and 4 will be cancelled)
  • Annex 3 EEG 2009 will be supplemented by the new numbers V and VI

The amendments below will become effective 1 January 2013:

  • Section 27 para. 4 no. 3 EEG 2009
  • Section 46 no. 2 EEG 2009
  • Section 66 para. 1 no. 3 EEG 2009 (new sentence no. 4)
  • Section 66 para. 1 no. 5 EEG 2009 (new sentence no. 3),

Section 27 para. 4 no. 3 EEG 2009 has been amended for the following reasion: As a consequence of the amendment of the scope of TEHG, plants such as for example biogas and biomass power plants in the sense of EEG 2009 can fall within the scope of TEHG. If the electricity generated in these plants receives a bonus for combined heat and power generation (so-called KWK bonus pursuant to Section 27 para. 4 no. 3 in connection with Annex 3 EEG 2009), this would lead to operators receiving duplicate funding, as they would not only receive the KWK Bonus, but also receive free emission allowances pursuant to THEG. Therefore EEG 2009 is amended in such a way that the amount of free allowances will reduce KWK bonus payments.

The Act Amending the Legal Framework for the Promotion of the Electricity Generation from Renewable Energy Sources (Gesetz zur Neuregelung des Rechtsrahmens für die Förderung der Stromerzeugung aus erneuerbaren Energien) most importantly contains various amendments of the EEG 2009 in Article 1. It will enter into force on 1 January 2012. It is therefore inofficially referred to as “EEG 2012”.

Source: Clearingstelle EEG (EEG 2009 Amendment), Clearingstelle EEG (EEG 2012)

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2 Responses to “EEG 2009 Amendment and EEG 2012 Published in Federal Law Gazette”


  • According to the regulations in force in Poland, Combined Heat and Power (CHP) plants are entitled concurrently for:
    1) free emission allowances (for the production of the heat as regards third trading period as from 2013),
    2) so-called “red certificates” (for the high-efficient cogeneration),
    3) so-called “green certificates” (should they combustion biomass when acting in the high-efficient cogeneration mode).

    Is there anywhere more advantageous for CHP support scheme?

  • Where can I find more information regard to support to CHP in Poland? I am interested in installations over 5 MW. Unfortunately, I do not speak Polish what makes info-searching more difficult.
    In the Czech Republic,
    installations over 5 MW receive 45 Czech crowns/MWh and the Energy Regulatory Body do not plan to increase this support…

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