Clearing house EEG-KWKG
The clearing house EEG | KWKG is a neutral body for the extrajudicial clarification of questions and disputes of the Renewable Energy Sources Act (EEG) , the Combined Heat and Power Act (KWKG) and the Metering Point Operation Act (MsbG) . It is a central point of contact for all actors in the energy industry in the area of the EEG and the KWKG: system operators, network operators, direct marketers and metering point operators. The existence of such an institution is provided for by law in the EEG and KWKG, and its area of responsibility is defined there.
The order of the clearing house EEG | KWKG
The clearing house EEG | KWKG is operated on behalf of the Federal Ministry of Economics (BMWi) by RELAW GmbH - Society for Applied Law of Renewable Energies. In terms of content, the clearing house works independently and without instructions. It was initially set up in 2007 as a clearing house EEG by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) and has been in operation since 2013 on behalf of the BMWi. As of 2018, her area of responsibility was expanded to include the KWKG.
The clearing house is interdisciplinary (legal, technical and scientific) and offers all parties the opportunity to resolve disputes in the interpretation and application of the Renewable Energy Sources Act (EEG), the Combined Heat and Power Act (KWKG) and the Metering Point Operation Act ( MsbG, insofar as EEG or CHP systems are concerned) in advance or to solve the own claim efficiently and cost-effectively through one of the clearing house's procedures.
The main task of the clearing house lies in the decision of legal and technical questions of the EEG / KWKG / MsbG - on the one hand in z. Partly in court-like individual cases, on the other hand in proceedings on general issues with the participation of associations and public bodies. Other tasks include, for example, conducting technical discussions.
In order to avoid conflicts from the outset, the clearing house EEG | KWKG provides the public with an extensive database and information on its website . a. with their procedural results as well as case law, specialist articles and frequently asked questions in the area of the EEG, the KWKG and the MsbB.
The types of procedures of the clearing house EEG | KWKG
In the case of incoming inquiries, the clearing house first clarifies whether the question can be answered in an uncomplicated way, for example by pointing out a suitable work result of the clearing house, a relevant court judgment, a frequent legal question or the wording of the law. In this way, the clearing house answers around 80% of all inquiries purely for information. In the other cases, which are not so easy to clarify, the clearing house helps to find the appropriate type of procedure for the formal clarification of the respective issue through one of its procedures.
In addition to the procedures for the formal clarification of individual cases, the clearing house also carries out procedures for clarifying general questions of application and interpretation.
The individual case procedures of the clearing house EEG | KWKG
The individual case procedure to be chosen depends on the respective objective, for example quick agreement or long-term legal security.
The settlement process
In the settlement procedure, the clearing house merely acts as a moderator between the parties without a legal decision. The result, which both parties come to together with the support of the clearing house, remains confidential and usually takes the form of a mutual contract between the parties.
The voting process
In the voting procedure, the parties can be bound by the result, but do not have to. The results are published anonymously. If it is of fundamental importance, the relevant industry associations and the Federal Network Agency (BnetzA) can be asked for a statement.
The arbitration process
In arbitration proceedings, the clearing house acts as an arbitration court within the meaning of the Code of Civil Procedure (ZPO). The result is binding for the parties and in this respect replaces a procedure before the normal civil courts . Arbitral awards are only published (anonymously) if both parties agree.
The comment procedure
In the opinion procedure, an ordinary court asks the clearing house for an opinion on questions relating to the EEG, KWKG or MsbG in proceedings pending before the court. The clearing house can only provide a legal assessment of the facts to the extent that it has been communicated by the court or that it results from the content of the court files. The participants in the legal proceedings themselves cannot initiate the comment procedure, but they can encourage the court to do so. There is no legal entitlement to an opinion procedure being carried out. If the legal issue to be clarified is of fundamental importance, then - similar to the notification procedure - the associations and registered public bodies concerned are given the opportunity to comment. Comment procedures are always carried out in writing and are free of charge. The comments submitted are published anonymously in the clearing house's database.
Procedure for clarification beyond the individual case: Recommendation and notification procedure
The clearing house often receives many inquiries about a specific problem. Then there is usually a public interest in the general clarification of the problem beyond a specific individual case.
In such a case, the clearing house carries out a fundamental clarification through a notification or recommendation procedure. The clubs, associations and interest groups accredited by the clearing house as well as registered public bodies are included in the consultation process with voluntary statements. In addition to taking justified interests into account, the specialist knowledge of the institutions taking the position can also be included in the decision-making process. The main difference between the two procedures is the larger scope and mostly also a cross-energy clarification area of the recommendation procedure, whereas the notification procedure covers smaller, more specific areas.
The procedure
The procedures at the clearing house follow a structured process,
- Inquiries to the clearing house: for example via the online inquiry form with questions and a description of the problem
- Attempt to clarify information: The clearing house first tries to clarify the request in an informative manner, for example by pointing out a procedural result that has already been published
- Decision to carry out the procedure: If the request cannot be answered purely for information, the clearing house offers to carry out individual proceedings. The clearing house requires the consent of both parties for this. If the parties wish to be resolved through a process, they select the appropriate type of process.
- Procedure preparation: The parties, with the support of the clearing house, determine the questions to be clarified in the procedure. The clearing house sends the application for or the contract for the implementation of the procedure to the parties for signature. After receipt of the signed documents, the clearing house will invoice the procedural fee.
- Procedure initiation: After receipt of the procedural fee, the clearing house initiates the procedure.
- Clarification of the facts and completion of the parties' legal views: Together with the parties, the clearing house completes the facts and offers both parties the opportunity to explain and justify their legal views in detail and to refute the arguments of the other side.
- If necessary: oral hearing in Berlin. If a procedure cannot be carried out purely in writing or a conference call is not sufficient for clarification, the clearing house will hold an oral hearing or discussion in Berlin.
- Result: Depending on the type of procedure, the clearing house makes a decision (vote procedure or arbitration procedure) or the parties reach an agreement (settlement procedure). With the decision on the decision / agreement, the procedure ends. The clearing house then sends the result to the parties.
- Publication: Depending on the type of procedure, the result of the individual case procedure may be published anonymously on the clearing house's website so that it is available to other market participants to avoid disputes.
Personnel and working methods
In addition to the management, so-called members are active in the clearing house, who are responsible for the actual core task of the clearing house, the legal assessment of disputes. In addition, the clearing house has a legal and a coordinator who, in addition to handling disputes, also perform other administrative tasks in the clearing house. The members and coordinators, in alternating composition, form the chambers of the clearing house, in which the disputes are decided by majority decision (further details are set out in the business distribution plan (GVP)).
In addition to the members and coordinators who have legal or engineering expertise, the clearing house also includes other academic staff who can be included in the decision-making process, as well as commercial staff.
Differences between the EEG | KWKG clearing house and other facilities / institutions in conflict resolution
In terms of the type of conflict resolution, the clearing house differs from:
- Law firms: The clearing house does not offer unilateral legal and project advice, but acts in a neutral position between the parties upon their joint application.
- Consumer arbitration boards: The offers of the clearing house are open to everyone who is entitled or obliged by the EEG, KWKG or MsbG. In contrast to this, the consumer arbitration boards are aimed at arbitration exclusively between consumers and companies. Consumer arbitration boards can usually not help the parties to a conflict to a legally binding clarification of the dispute, even if the parties so request in advance. In no case can consumer arbitration boards give general recommendations and information on the interpretation of the laws for a large number of applications.
- Ordinary courts: The clearing house only carries out offers relating to individual cases if both parties agree. Depending on the procedure, they are legally binding if both sides so wish. The clearing house is the mediating service provider. Lawyers can or do not have to be involved.
- Authorities: The clearing house decides independently and without instructions. It does not perform any sovereign tasks and is not an enforcement authority for the EEG, KWKG or the MsbG.
Rules of procedure, fee regulations and participation of associations
The rules of procedure (VerfO) of the clearing house EEG | KWKG regulate the process and implementation of all types of procedures. The parties involved can use the respective regulations to assess their rights and obligations in the individual procedural stages from the outset. This ensures that those involved in the proceedings can appear as actors with equal rights.
The amount of the fee that the clearing house EEG | KWKG charges for the implementation of settlement procedures, arbitration procedures and voting procedures is based on the fee schedule of the clearing house EEG | KWKG (EntgeltO).
The appendix to the Ordinance contains the list of those clubs, associations and other interest groups (in short: associations) as well as the public bodies that have been accredited or registered with the clearing house EEG | KWKG. Both the accreditation as an association and the registration as a public body open up certain opportunities to participate in the procedures of the EEG | KWKG clearing house.
In addition, the clearing house EEG | KWKG gives itself a business distribution plan (GVP) in accordance with § 33 VerfO. This defines the processing of inquiries according to departments and serves to distribute the workload evenly among the members and coordinators in the clearing house EEG | KWKG.
Preventive conflict avoidance
In order to avoid conflicts, the clearing house carries out preventive work. This includes, on the one hand, the provision of information, for example via the clearing house's website and the regular newsletter . On the other hand, the clearing house brings the actors affected by the EEG, KWKG and MsbG into conversation with one another, for example during the technical discussions of the clearing house.
history
Clearing office NRW
The first facility in the field of renewable energies to clarify controversial issues with the name “clearing center” is likely to have been the “grid connection of wind energy systems” clearing center located at the Institute for Electrical Systems at RWTH Aachen University . It was set up in 1996 by the state government of North Rhine-Westphalia and, as a neutral expert body, was supposed to professionally assess technical and economic problems in connection with the grid connection of wind turbines and submit appropriate solutions.
Until 2001 she worked in four thematic working groups with the participation of the relevant companies and associations, until her tasks were taken over by the federal clearing house in accordance with § 10 EEG 2000.
Federal clearing house
After the EEG 2000 came into force, a clearing house at the Federal Ministry of Economics and Technology (BMWi) was set up in accordance with its Section 10 (3) to clarify disputes Started work in 2000. Thematically - like the Clearingstelle NRW - it was limited to dealing with technical and economic issues relating to the grid connection. It was staffed with representatives of the plant and network operators, the federal states as well as with representatives of sole proprietorships and worked according to the principle of consensus.
It turned out that the problems often resulted in legal issues which the clearing house did not conceptually cover; nevertheless she achieved valuable work results.
EEG clearing house
After the BMU became the responsible Federal Ministry with the Eighth Competency Adjustment Ordinance of November 25, 2003, the clearing house should be fundamentally redesigned. First of all, her area of responsibility was expanded in the EEG 2004; she was now responsible for both specific disputes and abstract questions of application of the entire EEG. Following this, key points for the establishment of the new EEG clearing house were worked out, which stipulated, among other things, that the EEG clearing house should not be directly sponsored by the BMU, but that a corresponding contract should be outsourced.
The contract was put out to tender in 2006 and awarded in March 2007 to RELAW - Gesellschaft für angewandtes Recht der Erneuerbaren Energien mbH in Berlin, so that the preparatory work for the EEG clearing house could be completed in the course of 2007. The EEG clearing house was established at Charlottenstrasse 65 in Berlin-Mitte and began its public work on October 15, 2007.
The amendment to the law of October 25, 2008 on the EEG 2009 did not change anything in the clearing house's mandate; the wording of Section 19 EEG 2004 was essentially adopted in Section 57 EEG 2009.
In § 57 EEG 2012, however, the competencies of the clearing house were specified in more detail. Among other things, the responsibilities of the EEG | KWKG clearing house and the various types of procedures are defined there; Section 57 (7) of the RES Act 2012 was given the opportunity to charge fees for procedures to clarify application issues between system operators and network operators. In accordance with Section 81 EEG 2014, the EEG | KWKG clearing house has also been responsible for avoiding and settling disputes since August 1, 2014 if direct marketers are involved. The explicit competence for questions of measuring the electricity supplied or consumed for the operation of renewable energy systems has also been laid down in the law, see Section 81 (2) No. 4 EEG 2014.
Clearing house EEG | KWKG
Since January 1, 2018, the clearing house, as the EEG | KWKG clearing house, has also been responsible for clarifying application issues and disputes relating to the Combined Heat and Power Act (KWKG).
Individual evidence
- ↑ cf. Section 81 EEG 2017. Accessed June 8, 2020 .
- ↑ cf. Section 32a KWKG 2016. Accessed on June 8, 2020 .
- ↑ Procedure and procedure , on clearingstelle-eeg-kwkg.de, accessed on July 10, 2020
- ↑ Our technical discussions: Exchange at the highest level , at clearingstelle-eeg-kwkg.de, accessed on July 10, 2020
- ↑ Frequent legal questions , on clearingstelle-eeg-kwkg.de
- ↑ Settlement procedure , on clearingstelle-eeg-kwkg.de
- ↑ Voting procedure , on clearingstelle-eeg-kwkg.de
- ↑ Arbitral proceedings , on clearingstelle-eeg-kwkg.de
- ^ Opinion procedure , on clearingstelle-eeg-kwkg.de
- ↑ Information procedure , on clearingstelle-eeg-kwkg.de
- ↑ Recommendation procedure , on clearingstelle-eeg-kwkg.de
- ↑ Associated associations , on clearingstelle-eeg-kwkg.de
- ↑ Procedure and procedure , on clearingstelle-eeg-kwkg.de
- ↑ Inquiry form , on clearingstelle-eeg-kwkg.de
- ↑ Completed procedures , on clearingstelle-eeg-kwkg.de
- ↑ Procedure fees , on clearingstelle-eeg-kwkg.de
- ↑ a b Business distribution plan of the clearing house EEG | KWKG. Retrieved June 9, 2020 .
- ↑ Rules of Procedure , on clearingstelle-eeg-kwkg.de
- ↑ Fee schedule , on clearingstelle-eeg-kwkg.de
- ↑ Participating associations. Retrieved June 9, 2020 .
- ↑ BGBl. I 2003, p. 2304
- ↑ BMU, Eckpunkt zur EEG-Clearingstelle, 2005 ( PDF ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. ), Accessed on 28. May 2008
- ↑ BGBl I 2008, p. 2074. A read-only version is available on the website of the EEG clearing house. For the original version and all other versions, see EEG 2009
