EEG Clearing Agency Starts Consultation Regarding PV Installations Near Motorways and Railways

Clearingstelle EEG (EEG Clearing Agency), which serves interested parties with regard to the interpretation and disputes relating to the EEG, has started a consultation in a new advice procedure (Hinweisverfahren) concerning PV systems that are installed within a distance of up to 110 metres to motorways and railways.

The amended Renewable Energy Sources Act that entered into force on 1 January 2012 (EEG 2012) as well as the former EEG 2009 provide for different feed-in tariffs for the different renewable energy forms. Within one energy class the tariffs also depend on criteria like the capacity (above/below certain kWp thresholds), location (onshore or offshore, freestanding or rooftop), date of commissioning and partly the lifetime of the installation (e.g. initially higher payments for offshore wind).

For solar radiation Section 33 EEG 2012 stipulates feed-in tariffs for electricity generated from solar radiation in, attached to or on top of buildings. The same applied (with certain variations) to Section 33 EEG 2009. Section 32 EEG 2012 on the other hand sets tariffs for other specified PV installations, including for installations “… erected within the territorial application of an adopted local development plan within the meaning of Section 30 of the Federal Building Code” provided that “the local development plan was drawn up after 1 September 2003 at least also for the purpose of erecting an installation generating electricity from solar radiation and the installation is located on land along motorways and railway tracks, and was erected at a distance of up to 110 metres measured from the outside edge of the paved carriageway” (Section 32 para. 1 no. 3 c) EEG 2012). A similar provision is contained in Section 32 para. 3 sent. 1 no. 4 EEG 2009.

The new advice procedure initiated by EEG Clearing Agency aims to clarify what preconditions have to be met in order to fulfil the criteria of Section 32 para. 3 sent. 1 no. 4 EEG 2009 and Section 32 para. 1 no. 3 c) EEG 2012, in particular it wants to define

  • The term “motorway”
  • The term “railway tracks”
  • The term “outside edge of the paved carriageway”

and determine under what conditions closed down traffic routes can be “motorways” or “railway tracks” in the sense of the above-mentioned provisions. Besides it aims to establish the relevant point in time in case the course of traffic routes was changed.

Associations, lobby groups and public authorities listed in the code of procedure of EEG Clearing Agency are asked to comment by 30 January 2012.

Source: Clearingstelle EEG

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