EEG Clearing Agency Advises on Advance Feed-in Tariff Payments under EEG 2009

Clearingstelle EEG (EEG Clearing Agency), which serves interested parties with regard to the interpretation and disputes relating to the EEG, has issued a recommendation (ref. no. 2011/12) with regard to advance payments of feed-in tariffs under the Renewable Energy Sources Act 2009 (EEG 2009).

There is no statutory right to advance payments of feed-in tariffs pursuant to the currently applicable EEG (EEG 2009), the agency states. The recommendation then explains under what conditions and at what time network operators are obliged to pay feed-in tariffs. To avoid disputes about the payment of fees EEG clearing agency advises plant operators and network operators to conclude the respective agreements.

The agency points out that the recommendation only applies to feed-in tariff claims arising before 1 January 2012. Under the EEG 2012 that will enter into force on 1 January 2012 renewable power plant operators have a statutory right to receive monthly advance payments “of an adequate amount” pursuant to Section 16 para. 1 sent. 3 EEG 2012. Section 66 para. 1 no. 6 EEG clarifies that this also applies to renewable power plants covered by the EEG that were commissioned before 1 January 2012.

Source: Clearingstelle EEG

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