EEG Clearing Agency: Retention of Title Clause Irrelevant for Date of Commissioning of PV Installation

A retention of title clause does not preclude the commissioning of a PV installation in accordance with the Renewable Energy Sources Act (EEG), the Clearingstelle EEG (EEG Clearing Agency) stated.

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.

The date of commissioning of a PV installation is important as the applicable feed-in tariff pursuant to the EEG is paid for a period of 20 calendar years from the time when the generator first produces electricity exclu­sively from renewable energy sources or from mine gas and has fed this electricity into the grid system, as well as for the year in which the installation was commissioned.

Referring to its advisory note 2010/10 of 25 June 2010, EEG Clearing Agency said that commissioning of a PV installation inter alia required the completion of the production and sales procedure of the installation. The issue of ownership, however, was irrelevant. Hence a retention of title clause did not prevent commissioning, if the sales procedure itself had been completed, e.g. by delivering the installation to the operator. Additionally, EEG Clearing Agency pointed out that the definition of the operator of an installation in accordance with Section 3 no. 2 EEG 2009 explicitly does not require ownership of the installation.

Source: Clearingstelle EEG