EEG Clearing Agency Publishes Advice 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 concluded an advice procedure (Hinweisverfahren) concerning freestanding PV systems that are installed within a distance of up to 110 metres to motorways and railways.

The agency answered the questions raised in the opening statement of mid-January with respect to the interpretation of  Section 32 para. 1 no. 3 c) Renewable Energy Sources Act as applicable as of 1 January 2012 (EEG 2012) and  Section 32 para. 3 sent. 1 no. 4 EEG 2009 as follows:

  1. “Motorways” in the sense of the above provisions are federal motorways in the sense of Section 2 Federal Motorway Act (FStrG) and/or motorways that are signed with the appropriate road signs pursuant to the Traffic Regulation (StVO).
  2. “Railways” are railroads for all railroad vehicles that consist of a track bed and railway tracks.
  3. In the case of motorways the “outside edge of the paved carriageway” is the lateral end of the road surface that can be used by vehicles. The useable road surface is comprised of the main traffic lanes including the hard shoulder, acceleration and slow down lanes of road junctions as well as the junctions themselves. The lane that directly connects facilities related to motorways like motorway restaurants with the main driving lane of the motorway are also included in the definition.
  4. In the case of railway tracks the lateral end of the track bed forms the “outside edge of the paved carriageway”.
  5. a “distance of 110m” means all sites along motorways or railway tracks which are located no farther than 110 metres (as the crow flies) from the nearest point of the outside edge of the paved motorway lane or the railway tracks. Only such sites are considered to be “along” the traffic routes, which are located on a vertical line (i.e. in a right angle with) the railway tracks or the motorway.
  6.  “motorways” or “railway tracks” stop to qualify as such when the road status is removed respectively after the closure of the track for traffic.
  7. The conditions have to be met at the time the solar power plant is erected. If the course of the traffic route changes thereafter, feed-in tariffs pursuant to Section 32 para. 1 no. 3 c) EEG 2012 and  Section 32 para. 3 sent. 1 no. 4 EEG 2009 can still be claimed. 

Source: Clearingstelle EEG

Related posts: