Renewable Energy Act
|Title:||Law for the expansion of renewable energies|
|Short title:||Renewable Energy Act|
|Previous title:||Law for the priority of renewable energies|
|Type:||Federal law , objection law|
|Scope:||Federal Republic of Germany|
|Legal matter:||Commercial administrative law , energy law|
|Original version from:||March 29, 2000
( BGBl. I p. 305 )
|Entry into force on:||April 1, 2000|
|Last revision from:||Art. 1 G of July 21, 2014
( BGBl. I p. 1066 )
|Entry into force of the
new version on:
|August 1, 2014
(Art. 23 G of July 21, 2014)
|Last change by:||
Art. 6 G of August 8, 2020
( Federal Law Gazette I p. 1818, 1853 )
|Effective date of the
|August 14, 2020
(Art. 11 G of August 8, 2020)
|Please note the note on the applicable legal version.|
The German Renewable Energy Sources Act (EEG 2017) regulates the preferred feed-in of electricity from renewable sources into the power grid and guarantees their producers fixed feed-in tariffs . While the EEG was classified as successful by the federal government with regard to the expansion of renewable energies, its economic and ecological efficiency as well as aspects such as exemptions for industry are controversial.
Goals, principle and structure
According to the legal definition ( Paragraph 1 of the EEG), it should be in the interests of climate and environmental protection
- a sustainable development allow the power supply,
- reduce the economic costs of energy supply by including long-term external effects ( internalization of external costs ),
- conserve fossil energy resources and
- promote the further development of technologies for generating electricity from renewable sources .
The share of renewable energies in the electricity supply is to be increased to 40 to 45% by 2025 and to 55 to 60% by 2035 ( (2) EEG 2014). While thus a fixed corridor for the development of renewable energies with fixed limits up and set down, there were in all previous versions of the EEG minimum targets, so there is no upper limit was ( para. 2 EEG). After the EEG was introduced in 2000, the law was revised in 2004 and 2009. Comprehensive amendments were passed in 2011, most of which came into force in 2012, so that the current version of the law is briefly referred to as "EEG 2012".
There are two main principles that are enshrined in law for achieving the goals:
- the connection and purchase obligation of the network operator to consume electricity from renewable energies
- Payment rates for the electricity fed into the grid in the form of sliding market premiums, the amount of which depends on the current electricity price on the exchange
The electricity network operator closest to an EEG system is obliged to connect it and to give priority to the introduction of the electricity generated ( obligation and must not be made dependent on the conclusion of a separate contract between the system operator and the network operator ( prohibition of coupling according to (1) EEG). The provisions of the EEG may not be deviated from unless expressly provided there (also Section 4 EEG).(1) EEG). The payment of the fixed floating market premium is anchored in the same paragraph as a statutory
The remuneration rates are differentiated according to technologies and locations with terms of 20 years and are intended to enable the systems to be operated economically (principle degression and a cost pressure is aroused as an incentive for improvement for systems built later is: Systems should be manufactured more efficiently and cost-effectively in order to be able to survive on the market in the long term without any help (for level and development, see remuneration rates )., remuneration rates for the respective technologies §§ 26 to 31 EEG 2014). The fixed rate drops annually (monthly in the case of photovoltaics, quarterly in the case of onshore wind energy) by a certain percentage, so that the expected cost reduction is already taken into account in the law through this steady
According to the EEG, the generation of electricity from the following renewable energies is promoted (No. 3 EEG):
- Hydropower including wave , tidal , salt gradient and current energy
- Wind energy
- solar radiation energy ( e.g. photovoltaics )
- Geothermal energy
- Energy from biomass including biogas , biomethane, landfill gas and sewage gas as well as from the biodegradable fraction of waste from households and industry
In addition, electricity generation from mine gas , which is a fossil energy source, is promoted.
The regulations of the EEG result in the need for compensation on two levels:
- Compensation of the regionally and seasonally different electricity generation
- Offsetting the costs
The generation of electricity from renewable energies is regionally and seasonally different, so that a nationwide compensation regulation is required between the network operators (Sections 34 to 36 EEG). This so-called "nationwide rolling" was operated until 2010 as a physical transmission of the EEG electricity via the distribution network operator to the upstream transmission network operator and from there to the end consumers, resulting in a five-stage rolling system.
With the Compensation Mechanism Ordinance (AusglMechV) of May 2009, the procedure has been fundamentally changed: EEG electricity is passed through to the transmission system operators, remunerated by them according to specifications and marketed on the electricity exchange in the spot market. The options for direct marketing of EEG electricity have been expanded in the EEG 2012 with the market premium model .
The additional compensation requirement arises for the costs that arise as the difference between the revenue for the EEG electricity and the fixed tariff rates ( transmission system operators have been responsible for determining the EEG surcharge . The amount of the individual amounts is determined annually on October 15 in a forecast for the following year and balanced during ongoing business operations by account comparison at the end of September.EEG). This amount is known as the EEG surcharge and is paid by end consumers. Since 2010, following the introduction of the Equalization Mechanism Ordinance (AusglMechV), the four nationwide
The EEG provides for exemptions from the EEG surcharge for companies in the manufacturing industry with high electricity consumption and for railways in order to reduce the electricity costs of these companies and thus maintain their international and intermodal competitiveness, "as long as this does not endanger the objectives of the law and the limitation is compatible with the interests of all electricity consumers ”( EEG with individual regulations Sections 41 to 44). With the EEG 2012, the limit for exemptions to 1 GWh / a annual electricity consumption (previously 10 GWh / a) has been significantly reduced (for details see special regulations for electricity-intensive companies ).
The EEG also regulates notification and publication obligations ( proof of origin , prohibition of double marketing, legal protection and official procedures (Sections 55 to 63). The law ends with extensive authorization to issue ordinances in Section 64 with 8 associated (letter) paragraphs, the requirement for the experience report (Section 65) and extensive transitional provisions (Section 66 EEG).EEG with individual regulations Sections 45 to 52) as well as
Electricity Feed Act (1991)
The forerunner of the Renewable Energy Sources Act was the Act on the Feeding of Electricity from Renewable Energies into the Public Grid, which has been in force since 1991 - the Electricity Feeding Act for short - of December 7, 1990, which is the world's first green electricity feed-in law. The feed- in into the public grid was regulated in a binding manner because electricity from renewable energies - with the exception of electricity from hydropower - was only generated by small companies, for which large electricity producers often refused or made it very difficult to access their distribution network. The law obliged the network operators to purchase the electricity and guaranteed the producers minimum remuneration , which was calculated as a proportion of the average revenue for electricity, as it was achieved two years earlier. Electricity generated from hydropower, landfill gas or sewage gas with a generator of more than five megawatts was not remunerated under this law.
After the law was introduced in 1991, this remuneration for hydropower as well as sewage, landfill and biogas was 75% (from 1994 80%) and for electricity from solar energy and wind power 90% of the average revenue achieved two years earlier. These regulations and remuneration led to an improvement compared to the previous situation, were advantageous for existing plants, mostly hydropower plants, and brought wind power plants at particularly favorable locations close to the coast close to economic viability, which led to an initial small "wind power boom" in these regions led. For solar power systems, the remuneration was still far from covering costs. The Aachen model represented a step towards cost-covering remuneration .
For the year 2000 - shortly before the introduction of the EEG - the remuneration for electricity from wind and photovoltaics was the equivalent of 8.23 ct / kWh, for electricity from hydropower, sewage, landfill and biogas the equivalent of 7.23 ct / kWh and for electricity from other renewable energies at the equivalent of 5.95 ct / kWh. The reference value was the average payment for electricity in 1998 - the equivalent of 9.15 ct / kWh.
Renewable Energy Sources Act (2000)
The Electricity Feed Act was replaced by the Renewable Energy Sources Act of March 29, 2000. Central innovations compared to the Electricity Feed Act were the introduction of the principle of priority and a nationwide rolling mechanism as well as the raising of the limit for hydropower, landfill and sewage gas from 5 MW to 20 MW. In line with the principle of cost-covering remuneration, the remuneration rates have been differentiated more strongly, the remuneration rates for photovoltaics have been increased sharply and technologies such as geothermally generated energy have been included in order to provide start-up funding.
In the EEG 2000, an annual degression of 5% was specified for the remuneration rates for electricity from solar radiation energy. In addition, a power limit of 350 MW p was introduced, after which the payment for new photovoltaic systems should no longer apply in the following year. This value resulted from the initial stock of 50 MW p and from the 300 MW p that were funded by the 100,000 roofs program for solar power. The 350 MW p limit was exceeded in 2003, so that from 2004 no remuneration would have been paid for new systems and there was a risk of a massive slump in the photovoltaic market. An EEG amendment was therefore passed on December 22, 2003.
The remuneration rates of the EEG 2000 at a glance:
- Electricity from wind energy between 6.19 and 9.10 cents / kWh
- Electricity from photovoltaic systems
- for systems that went into operation in 2001 (including old systems): at least 50.6 cents / kWh
- for systems that go into operation in 2002: at least 48.1 cents / kWh
- Electricity from hydropower at least 7.67 cents / kWh
- Electricity from biomass between 8.70 and 10.23 cents / kWh
- Electricity from geothermal energy between 7.16 and 8.95 cents / kWh
Degression rates : Since January 1, 2002, the remuneration rates for newly commissioned systems have been reduced:
- for electricity from wind power by 1.5%
- for electricity from solar energy by 5.0%
- for electricity from biomass by 1.0%
Renewable Energy Sources Act (2004)
Another amended version of the EEG dated July 21, 2004 came into force on August 1, 2004. This was preceded by an agreement in the mediation committee of the German Bundestag, in which the CDU / CSU achieved a reduction in funding for wind turbines. In addition to the necessary adaptation to Directive 2001/77 / EC issued by the EU for the promotion of electricity generation from renewable energy sources in the internal electricity market, there were significant changes in the level of the subsidy rates and the better legal position of the operators of renewable energy generation plants compared to the local network operators (e.g. no obligation to conclude separate feed-in contracts).
Renewable Energy Sources Act (2009)
The 2008 amendment had the goal of increasing the share of renewable energies in the electricity supply to a share of at least 30% by 2020 ( law on the promotion of renewable energies in the heating sector (EEWärmeG 2008), with which the increase in the proportion renewable energies for heat generation is aimed at 14% by 2020.(2) EEG). In addition to the EEG, which only relates to electricity generation, the use of renewable energies in the area of heating and cooling was regulated for the first time nationwide in a further
The EEG 2009 retained the basic structures of the EEG 2004, but led to a complete renumbering of the paragraphs, the number of which increased from 22 to 66. The new version of the law applies to new and existing systems at the time of its entry into force, for which the comprehensive transitional provisions in Federal Network Agency ( (2) sentence 2 EEG). The term system was redefined and clearly - also for old systems - in order to prevent the division into several small systems, with which higher tariff rates should be achieved. With the new version of and EEG, plants that were commissioned in close chronological order of twelve consecutive months and in local proximity on the same property or in the immediate vicinity are assessed as a single plant for the remuneration.grant protection of the existing status and maintain the previous conditions for acceptance and remuneration. The new version contains a large number of detailed regulations. In order to improve transparency, the reporting requirements have been expanded. Operators of solar systems must report the location and performance of the system to the
A new type of compensation scheme was introduced for bottlenecks in the introduction of electricity into the higher-level electricity grids. These grid management measures should enable the further expansion of renewable energies without having to wait for grid expansion at bottlenecks. The centerpiece is the ability of the network operator to directly access the control of the feed-in generating plants, with which they can selectively reduce the output. ( (radio control receiver ) and for ongoing recording of the amount of electricity introduced., EEG) The network operators are obliged to inform the operator and to provide evidence of the scope and duration of the measure. Such interventions require an actual bottleneck in the power grid after the output of conventional power plants has been reduced. The system operator has the right to compensation, but must prove and enforce this claim against the network operator. All existing systems with an output of 100 kW or more had to be retrofitted at the expense of the operator by the end of 2010 with technical equipment for remote control
In addition, a sliding degression was introduced for the photovoltaic remuneration. In the case of a large extension and thus higher payment costs, the guaranteed payment per kWh is reduced more quickly in the following year in order to keep the total costs for all electricity customers within limits. If the specified expansion target is not achieved, the reduction is slowed down (for example, from 1.5 GW expansion in 2009, there will be an additional reduction in remuneration for 2010). The applicable degression rate for the feed-in tariff from January 1 of the following year is published by the Federal Network Agency on October 31 of the current year.
The new and expanded version passed by the German Bundestag on June 6, 2008 came into force on January 1, 2009.
Renewable Energy Sources Act (2012)
On June 30, 2011, the German Bundestag passed a comprehensive amendment to the EEG, including a new regulation of the bonus systems for bioenergy and changes to the feed-in tariffs. An extraordinarily strong cut was decided on for photovoltaics. The changes came into effect on January 1, 2012:
- Promotion of direct marketing through the market premium model : the difference between the system-specific EEG remuneration and the monthly subsequently calculated average exchange price for electricity is reimbursed as a market premium ; the expenses for direct marketing are also offset by a management premium (new part of the EEG surcharge).
- “Flexibility bonus” to promote the construction of gas storage facilities on biogas plants
- Exemption of the storage facilities from network charges in order to avoid double taxation
- The " green electricity privilege " (exemption of the electricity supply company from the EEG surcharge) remains, but is limited to 2 ct / kWh (previously the EEG surcharge). In addition, a minimum share of fluctuating renewable energies of 20% will be introduced (wind, sun).
- Adjustments to the remuneration regulations through different specifications - for the main energy sources:
- Onshore wind: in principle, continuation of the remuneration structure according to EEG 2009, but increase of the degression from 1% to 1.5%, continued granting of the system service bonus for new systems until the end of 2014, for existing systems until the end of 2015, granting of a repowering bonus as replacement of old systems (construction before 2002)
- Wind at sea: Increase in remuneration by integrating the sprinter premium (2 ct / kWh) into the initial remuneration, so that it rises from 13 to 15 ct / kWh, postponement of the start of degression from 2015 to 2018, introduction of a so-called compression model: initial remuneration increases 19 ct / kWh, but is only granted for eight instead of twelve years
- Photovoltaics (PV): Retention of the existing degression regulation ("breathing lid") and six-monthly adjustment as in 2011
- Biomass: Simplified remuneration system with four performance-related plant categories (basic remuneration between 6 and 14.3 ct / kWh)
Photovoltaic amendment (June 2012)
With the "Photovoltaik-Novelle (PV-Novelle)", extensive changes in the remuneration of photovoltaic electricity were resolved at the end of June 2012 following an agreement in the mediation committee of the Bundestag and Bundesrat. This was preceded by months of discussions about the future design of the funding of photovoltaic systems within the framework of the Renewable Energy Sources Act (EEG). The result was announced on August 23, 2012 as the “Law to change the legal framework for electricity from solar radiation energy and other changes in the law of renewable energies” (so-called PV amendment). It essentially includes:
- Redesign of the remuneration classes (up to 10 kW, up to 40 kW, up to 1000 kW and up to 10,000 kW) and size limitation to 10,000 kW
- One-time reduction of the remuneration rates by 15%, then "base degression" by 1% per month (corresponds to 11.4% annually)
- Payment rates from April 1, 2012 between 19.5 and 13.5 ct / kWh
- Limitation of the overall expansion target for subsidized photovoltaics in Germany to 52 GW (stock 27 GW (mid-2012)), an annual "expansion corridor" is set at 2.5 to 3.5 GW
- Expansion-dependent control of the degression ("breathing cap"), depending on the expansion, if the expansion corridor is exceeded, the degression is increased in steps of 1.0% to 2.8%, if it is not reached, it is graded or suspended
- With the instruments “market integration model” (MIM) and “self-consumption bonus”, from 2014 only 90% of the total amount of electricity generated in the calendar year will be remunerated in accordance with the EEG for systems between 10 kW and 1000 kW.
Reform discussion 2013
In the spring of 2013, Federal Environment Minister Peter Altmaier presented his reform proposals as an “electricity price brake” to cap the EEG surcharge. In the analysis, the paper states: "The paradox of the EEG surcharge lies in the fact that despite the slow pace of expansion, there can be a considerable increase in expenditure, but possibly also a reduction in expenditure despite the high pace of expansion."
Altmaier then made the following reform proposals:
- Payout of the EEG remuneration for system operators hours if it is foreseeable that the EEG account will be negative. If the remuneration is only paid out when the EEG account is positive, it would mean for this year, for example, that initially no system receives any remuneration. Refinancing for large systems, such as biogas systems and larger wind farms, however, becomes uncertain.
- Contribution from existing systems. Operators of old systems are to be charged with one to one and a half cents per kilowatt hour. This proposal is controversial because, in the opinion of critics, it constitutes an illegal interference with the protection of legitimate expectations.
- Burden of self-consumption with photovoltaic systems with part of the EEG surcharge
- Reduction of exemptions from companies from the EEG surcharge and increase in the contribution made by the partially exempted companies.
In a joint paper by the Federal Ministry for the Environment and the Federal Ministry of Economics from February 2013, short-term measures to dampen electricity prices were proposed (“electricity price brake”) that build on the Altmaier concept.
The German Renewable Energy Association (BEE) rejected the majority of the proposals. He warned of “stalling the energy transition” and made several alternative proposals for cost containment. Above all, the freezing of the EEG surcharge to the 2013 figure of 5.28 cents per kWh of electricity will slow down the pace of expansion. The EEG surcharge is no longer a benchmark for the costs of renewable energies, but depends largely on the development of electricity prices on the exchange and the prices of CO 2 certificates. The industry association also criticized the plan not to pay future investors any feed-in tariffs. This would deprive investors of any planning security, which would primarily affect community energy projects and small and medium-sized companies. Greenpeace called for a "rip-off brake" instead of an "electricity price brake".
Green politician Jürgen Trittin was critical of the planned reforms. He emphasized that the price increases could not even be charged to half of the EEG surcharge. At the same time as Rösler and Altmaier, the Greens presented an alternative concept, which still provides for the priority feeding of green electricity into German networks.
Most of the proposed measures did not get through to the federal and state governments at the energy summit on March 21, 2013, with many questions remaining unanswered. Renewable energy systems that have already been built should not, however, subsequently be placed in a worse position. The postponement of important decisions has been criticized by industry representatives because planning and investment security is lacking.
An expert report published by dena on behalf of the Federation of German Industries (BDI) in June 2013 found that the expansion targets for renewable energies were no longer being called into question and that most of the forecasts assumed that the expansion targets of the energy concept would be exceeded. The study recommended a fundamental amendment to the EEG. A first step is to adjust the feed-in tariffs to market developments, taking system costs into account.
Renewable Energies Act (2014)
The coalition agreement for the 18th parliamentary term of November 27, 2013 contained a number of reform approaches for the EEG. The premise of the future expansion of renewable energies was to "attach greater importance to the cost efficiency and economic viability of the overall system including the network expansion and the necessary reserve capacities". The further expansion of renewable energies should in future take place within a legally specified expansion corridor in order to achieve 40 to 45 percent renewable energies in electricity generation in 2025 and 55 to 60 percent in 2035.
- The following applies to the individual technologies:
- Photovoltaics : The current regulations (for example “breathing lid”) would be retained
- Biomass : The expansion will mainly be limited to waste and residual materials
- Wind on land : The subsidy rates, especially at locations with strong winds , would be reduced. A planned country opening clause enables country-specific rules on minimum distances to residential developments
- Wind at sea : The expansion path will be set at 6.5 GW in 2020. Furthermore, an annual expansion of 400 MW per year is assumed, so that 15 GW would be achieved in 2030
- Hydropower : The regulations would be retained
- The feed-in priority for renewable energies will be retained
- Mandatory direct marketing for new systems should apply from 2017 at the latest. Until then, this only applies to new systems with an output of 5 MW or more
- From 2018, the amount of funding will be determined through tenders. The prerequisite is that a pilot project shows “that the goals of the energy transition can be achieved more cost-effectively in this way”. A pilot model with 400 MW photovoltaic capacity will start in 2016 at the latest
- The green electricity privilege will be abolished; further bonus regulations are to be checked and, if necessary, canceled
- In order to ensure system stability, it is stipulated that new systems must be controllable by the network operator and the direct marketers. Peak loads can be capped free of charge to a limited extent for new systems, provided that it lowers the costs for network expansion and avoids negative electricity prices on the exchange. The compensation regulations in feed- in management would also be changed in such a way that the network situation would be better taken into account when choosing a location for new systems
- It will be examined whether large producers of electricity from renewable energies have to guarantee a base load share of their maximum feed-in. This "virtual base load capability" will be concretized in a pilot project
- Renewable energies are to be more closely integrated into the European internal energy market. To this end, the EEG will be designed in accordance with European law
- The special compensation regulation will be retained and further developed in accordance with European law in order to ensure the international competitiveness of German industry
- New own electricity producers are to participate in the EEG surcharge, whereby a de minimis limit applies for small systems
In January 2014, the planned measures were specified in a key issues paper by the Federal Ministry of Economics. The main goals now were to better control the expansion of renewable energy systems, to keep the EEG levy stable and thus to ensure the affordability of electricity and security of supply.
On June 27, 2014, the Bundestag passed the EEG 2014, based on the federal cabinet proposal by Economics and Energy Minister Sigmar Gabriel and the agreements in the coalition agreement. The measures are intended to reduce the feed-in tariffs for new systems to an average of 12 ct / kWh. In detail:
Expansion paths have been defined for the individual energy sources. For wind energy, the target corridor is an annual net expansion of 2400 MW to 2600 MW. If more wind turbines are erected, the remuneration falls correspondingly more sharply (“breathing lid”). Repowering is excluded from this. For offshore wind power, there should be an initial payment of around 18 cents per kWh, but the expansion targets will be reduced from 10,000 MW to 6,500 MW by 2020 and 15,000 MW by 2030. In addition, a country opening clause was introduced, with which country-specific distances between wind turbines and residential developments were made possible; individual federal states could thus hinder the expansion of wind power.
Biogas plants are to be limited to 100 MW per year, whereby v. a. Residual materials are to be recycled. The feed-in tariffs have been greatly reduced. Critics point out that without the expansion of bioenergy there would be a lack of back-up power plants to compensate for the growing electricity production from wind and solar energy.
With regard to photovoltaics, the self-produced and self-used electricity will in future be charged with a tax (“solar tax”), although internal government reports advise against it. Small solar systems up to 10 kW are excluded. At the end of January 2015, the federal government passed the ordinance introducing tenders for the financial support of ground-mounted photovoltaic systems. The tender started in February 2015, with strong criticism from the industry associations.
The special equalization scheme (BesAR), d. H. Exemptions for energy-intensive industries have been reformed. So far, companies whose electricity costs amounted to 14 percent of gross value added have been partially exempted from the EEG surcharge. This threshold is now set to rise to 15 percent for 68 core industries.
With the direct marketing planned as standard in the future, the electricity will only be traded on the exchange as "gray electricity". However, an authorization to issue ordinances has been included in Section 95 No. 6 EEG, which enables the legislature to issue a separate regulation on the marketing of green electricity.
The Federal Association for Renewable Energy criticized the project and saw the national climate targets at risk. The expansion corridors are too small to replace the nuclear power that is no longer available. The result is an increase in coal-fired power generation, which is undesirable in terms of climate policy. In addition, the mandatory direct marketing and the introduction of tenders until 2017 should be rejected, as they led to higher financing costs and caused uncertainty among investors. The "energy transition from the citizenry" is endangered. The German Cooperative and Raiffeisen Association criticized the fact that the amendment significantly restricts the activity of energy cooperatives , even though the coalition agreement promised more public participation. The German Solar Industry Association warned of a market decline. The expansion of solar energy will be throttled without noticeably lowering the costs of the energy transition. The “sun tax” in particular met with criticism from science and the solar industry. The reduction in the EEG surcharge expected for 2015 is not due to the reform, but rather to favorable framework factors. The Federal Wind Energy Association particularly criticized the state clause, as it prevents the expansion of wind energy inland. In addition, the announced introduction of tenders is a great uncertainty for the market. The professional association for biogas saw the existence of hundreds of biogas plants endangered and fears over a billion bad investments, which harm the rural area. The consumer center criticized that the self-consumption of solar power should be burdened. She also called for more extensive restrictions on the benefits for industry. Experts see the federal government's climate target in danger. The former green energy politician Hans-Josef Fell , one of the authors of the EEG draft from 2000, saw the “cornerstones” of the EEG endangered by the reform.
On July 24, 2014, the new version was announced as EEG 2014 in the Federal Law Gazette, so that it came into force on August 1, 2014. The EU Commission had also already determined that the law is in line with EU state aid law and has approved it .
Renewable Energies Act (2016/2017)
In April 2016, the ministerial draft of the next EEG amendment 2016 was presented, which passed through the Cabinet on June 8, 2016, and passed through the Bundestag on July 8, 2016 - briefly renamed EEG 2017. The purpose of the 2016/2017 EEG is a fundamental system change from the feed-in tariff model to the tendering process, which had already been tested as a pilot project in the 2014 EEG in the field of photovoltaic ground-mounted systems. In addition, the expansion of renewable energies will be capped for the first time.
Industry associations such as the Federal Association for Renewable Energy have criticized: The planned measures would severely hinder the expansion of renewable energies, endanger tens of thousands of jobs, fail to meet climate protection targets and put community energy projects at a disadvantage. Environmental protection organizations such as WWF Germany and the Federal Environment Agency also criticized the amendment and demanded that the dynamic expansion of renewable energies must be guaranteed beyond the amendment. A study comes to the conclusion that the Paris climate protection goals could not be achieved with the expansion of the EEG 2016/2017 . The central coordination of the tender volume also means a loss of options for action at subordinate political levels and restricts the possibilities of the federal states to pursue their own expansion goals. In addition, the remuneration cuts and the retroactive tendering obligation were sometimes viewed as unconstitutional. A report by the SPD-affiliated Friedrich-Ebert-Stiftung supported the environmental and industry associations.
Proponents of the energy turnaround welcomed the fact that citizens' energy companies were given relief in tenders and that tenant electricity models are no longer disadvantaged in terms of the EEG surcharge. The amendment also provides in the newly introduced §79a "Regional certificates for directly marketed electricity from renewable energies" and thus creates the possibility of regional green electricity labeling .
In 2016, a total of 2,137 companies with 2,835 delivery points benefited from exemptions in the EEG. According to the Federal Office of Economics and Export Control, the privileged amount of electricity is 107 billion kWh, relieving companies of around 4.7 billion euros. At the request of the Greens, the German Bundestag published information on the exemption regulations of the EEG for companies with high electricity costs on July 7, 2016. According to this, a total of 717 such companies only had to pay a small share or no EEG surcharge in 2016. Only 58 applications from energy-intensive companies have therefore been rejected. The privileged amount of electricity was given as 70.12 million megawatt hours of electricity for the 2015 application year, which gave the companies financial relief of 3.4 billion euros.
Further changes to the EEG as of January 1, 2017, as well as changes to the Combined Heat and Power Act , the Energy Industry Act and the Wind Energy Offshore Act are contained in the law amending the provisions on electricity generation from combined heat and power and self-sufficiency .
- Tender Results
With the EEG 2017, the subsidy system was changed from feed-in tariffs to a tendering system, in which the government puts out a fixed amount of power and then the cheapest bids are accepted. As of May 2017, the results of both an offshore wind energy and an onshore wind energy tender are known:
In the first tender for offshore wind power in the amount of almost 1.5 gigawatts, three awards for 0 cents / kWh and one award for 6 cents / kWh were announced. The three wind farms only receive funding for the provision of the grid connection. These wind farms will be built from 2021.
In the first onshore tender, 256 bidders with a total output of 2.1 GW competed for an output of 800 MW. Ultimately, 70 projects received funding between 5.25 and 5.78 ct / kWh, the majority of which were civil societies. Geographically, projects in northern Germany were selected, while only 7 projects in southern Germany were awarded.
Details of the regulations of the law
Connection and acceptance obligation
Regardless of their needs, the operators of public grids must purchase all electricity that is generated by plants operated in Germany including the German exclusive economic zone under the EEG ( No. 1 EEG), with priority over electricity generated from other energy sources, mainly from fossil fuels and nuclear power. However, the electricity generated with combined heat and power plants ( (1) KWKG ) has to be fed in with electricity from renewable energies . The network operators are obliged to expand their networks sufficiently so that they can receive the preferred electricity, unless the measures are economically unreasonable ( EEG). A breach of this obligation makes you liable for damages ( (1) EEG). Conversely, the system operator, insofar as he claims remuneration under the EEG, is obliged to offer his electricity to the network operator, unless he or directly connected third parties use the electricity themselves ( (4) EEG) or the system operator markets it in Compliance with EEG itself (which, however, requires prior notice to be given).
For the electricity fed into the grid, the network operator has to pay the system operator the remuneration rates stipulated by law. The tariff rates differ considerably depending on the type of energy used to generate electricity; Presumably more expensive forms of electricity generation are paid more than cheaper ones. The fees are to be paid in this amount for a period of 20 calendar years plus the year of commissioning; in the case of large hydropower (from 5 MW) the term is reduced to 15 years The statutory remuneration rates are reduced every calendar year for new systems that are then put into operation on the basis of a degression already specified in the law in the amount of a percentage provided there (EEG).
Consumption of EEG electricity by end consumers
While the purchase of the EEG electricity by the network operators and the forwarding of this electricity, including the passing on of the additional costs to the higher-ranking network operators and electricity supply companies, is regulated by law, the electricity supply companies supplying end users are free to use the EEG electricity themselves: it is part of their own general electricity portfolios . According to their general terms and conditions, the utilities may include the additional costs caused by the EEG in their costs. You also have the right to share the EEG additional costs with the end user (differential costs according to EEG). However, the Federal Office of Economics and Export Control (BAFA) can grant a reduction in the EEG surcharge to end consumers who are electricity-intensive manufacturing companies with high electricity consumption or railways ( (1) EEG).
The network operators incur costs as a result of the remuneration obligation. They earn income by selling the EEG-financed electricity on the exchange. The difference between remuneration and income forms the basis for determining the EEG surcharge to be paid by the electricity consumers. It is often referred to as the cost of promoting electricity generation from renewable energy sources. However, this is controversial. Because with the remuneration, the full costs of electricity generation from renewable energies are financed, while the electricity prices on the exchange are determined on the basis of marginal costs . These are currently significantly lower than the full costs of new coal, gas or nuclear power plants. Since the German power plant park is due to be modernized anyway due to the phase-out of nuclear power by 2022, the generally outdated conventional power plant park and the requirements of climate protection, to determine the actual additional costs due to the expansion of renewable energies through the EEG, not the exchange prices for electricity, but the conventional electricity production costs would have to be Power plants are used. According to the Federal Ministry of Economics, these are between 7 and 11 cents per kilowatt hour, while exchange prices are currently around 4 cents per kilowatt hour.
The four German transmission system operators (TSOs) have been entrusted with the marketing of EEG electricity since 2010 on the basis of the Equalization Mechanism Ordinance ( AusglMechV). On October 15, they determine the amount of the EEG surcharge for the following year in a forecast that is drawn up together with research institutes on the basis of the expected expenses for EEG remuneration and the expected income from the sale of EEG electricity on the EPEX spot market .
Expenses are mainly incurred for the fixed tariffs for electricity fed into the grid and for the market premium introduced with the EEG 2012. (Sum of both partial amounts in 2012: 17.97 billion euros, 2013: 18.5 billion euros). In addition, there are costs for associated expenses, including a liquidity adjustment of 3% of the expenses (2013: 1.61 billion euros), the largest single item under “Other costs”. At the end of September of a current year, an account settlement takes place, which creates the balance between the forecast and actual results. It is booked for 2013 at 2.59 billion euros and accounts for around 11% of expenditure.
The expenditures for the promotion of electricity generation according to the EEG amounted to 19.4 billion euros in 2013 (compared to 2012: 19.43 billion euros; see table). In February 2017, the surplus of the EEG account grew to a surplus by a record value of around one billion euros to 4.57 billion euros. In January 2017, the surplus was already very high at EUR 674 million. The reason for this is increased income from an increased EEG levy on the electricity exchange. At the same time, expenses fell due to higher electricity prices on the exchange. Income for February 2017 was EUR 2.42 billion and expenditure was EUR 1.4 billion.
in million euros
in ct / kWh
|Gases, geothermal energy||41||0.01||0.2%|
negative account balance (1)
|Liquidity reserve 10% (2)||1,614||0.42||7.9%|
|Effect of green electricity privilege||52||0.01||0.25%|
|EEG direct marketing||50||0.01||0.25%|
(1)The difference between the exchange price and the guaranteed
feed-in tariff brought the levy account into the red.
As of Sep. 30 In 2012, the level including interest was balanced
and included in the 2013 EEG surcharge.
(2)In order to avoid further differences, a
liquidity reserve of 10% was introduced.
(3)Retrofitting costs for photovoltaic systems to
defuse the 50.2 Hertz problem according to the System
Stability Ordinance (SysStabV)
|Projected costs||Billion euros||Billion euros|
|EEG remuneration according to § 23-33 EEG||16.61||12.67|
|Market Premium (1)||1.36||5.83|
|Other costs (2)||0.75||1.85|
|Balance in September||0.71||2.59|
|Total projected costs||19.43||22.94|
|Income from marketing||−4.95||−2.54|
|Avoided network charges (3)||−0.44||−0.50|
|Total forecast revenues||−5.39||−3.04|
|Projected contribution amount||14.10||19.90|
|Electricity sales||TWh / a||TWh / a|
|End consumers with EEG surcharge obligation (4)||392.8||384.7|
|Contribution amount per kWh||ct / kWh||ct / kWh|
|Allocation for liquidity reserve||0.10||0.42|
|Allocation account settlement September||0.18||0.67|
|EEG surcharge per kWh||3.59||5.28|
(1) for systems that market electricity directly (Section 33b EEG)
(2) for profile service expenses and liquidity reserve
(3) borne by the transmission system operators
(4)2012: Total 477.5 TWh / a, of which 88.7 TWh / a privil. Consumption (around 19%)
2013: Total 480.9 TWh / a, of which 96.2 TWh / a privil. Consumption (20%)
(without EEG levy)
The main income is obtained from the sale of the electricity fed in, the marketing of which has been regulated since 2010 by the Compensation Mechanism Ordinance (AusglMechV). The four nationwide transmission network operators market the EEG electricity on the EPEX Spotmarkt power exchange , which is operated by EPEX SPOT SE (based in Paris). EEG electricity is marketed in the spot market with day ahead or during the day (intraday) as " gray electricity ". The marketing as labeled “green electricity” (electricity from renewable sources) with possibly higher revenues is discussed, but not practiced. The exchange prices are published on the Internet by EPEX SPOT SE. This income from marketing on the spot market flows directly into the EEG surcharge. The exchange price is also used when evaluating the electricity that is directly marketed in the market premium model. The remaining difference to the EEG remuneration is offset as a market premium in the course of the EEG surcharge (see expenses), as are the organizational expenses (profile service costs, management premium).
Special regulations affect the amount of the EEG surcharge, such as the special regulations for electricity-intensive companies , as these are partially exempt from the EEG surcharge.
The difference between the forecast value and the actual result will be compensated in the following year with the "catch-up" through account settlement with a reference date at the end of September. The surcharge is paid by the consumers through the electricity suppliers (distribution network operators) to the four German transmission system operators (TSOs).
The remaining difference, the "EEG differential costs" (forecast 19.9 billion euros for 2013), is distributed over the expected electricity consumption that is expected for end consumers who are subject to the EEG. The consumers exempted from the EEG surcharge, as so-called "privileged consumers", do not participate in the surcharge (in mid-2012 it was 18% of nationwide electricity sales, 88.7 TWh / a of a total of 477.5 TWh / a or the Half of electricity sales to industry and commerce). The partially exempted customers are taken into account proportionately in the calculation of the surcharge (see "End consumers with reduced EEG surcharge" in the table).
Since the feed-in tariffs are guaranteed for 20 years plus the year of commissioning, the EEG creates long-term payment obligations. The sum of these payment obligations - also known as the implicit debt of the EEG - is estimated to be nominally 290 billion euros at the end of 2014, which corresponds to a present value of 228 billion euros.
The “Freiburg Appeal” alliance calls for a new electricity market design with which the EEG surcharge could be reduced by a third immediately. The current compulsory marketing of EEG electricity at the lowest prices on the spot market of the electricity exchange should be abolished. Instead, the EEG electricity should be allocated to the electricity traders at the same time. The electricity should be valued at the higher futures market price. This would increase the revenues for EEG electricity sharply and the EEG surcharge would decrease by around a third in return.
The Solarenergie-Förderverein Deutschland eV (SFV) argues in a similar way and draws attention to the fact that in certain situations it is possible that coal-fired power plant operators can save fuel costs by servicing their long-term supply contracts by reselling inexpensive electricity from renewable energies from the spot market. That is why the SFV Strom basically only demands trading on the spot market.
The price of electricity on the electricity exchange had risen continuously until 2008 and in 2008 reached the maximum of 8.279 cents / kWh. The increased use of renewable energies has put the electricity price under pressure. In the first half of 2013 the average electricity price on the electricity exchange was only 3.75 cents / kWh and for the 2014 futures market it was 3.661 cents / kWh in July 2013. Thus, the electricity price on the electricity exchange has already fallen by more than 4 cents / kWh. As a result, the renewable energies not only have an increasing price, but also a cheaper effect, which one would have to weigh against each other.
Greenpeace Energy argues that conventional power generators have so-called external costs , such as environmental damage, which are not covered by the electricity price but have to be paid by the taxpayer. This is a subsidy for conventional electricity producers and represents a market distortion. The EEG surcharge is only a compensation for this market distortion. A functioning emissions trading system could eliminate these market distortions and the EEG surcharge would automatically decrease to zero.
|Energy source||wind||Biomass||Photovoltaic (solar)||Water
|Last updated 2012||0.482||0.839||1,860||0.040||0.091||0.280||3,592|
|Increase in 2013||0.30||0.25||0.35||0.00||0.00||0.785||+ 1.685|
Special regulations for electricity-intensive companies
Electricity-intensive manufacturing companies and railways are partially exempted from the EEG surcharge due to the special equalization regulation in the EEG to protect their international and intermodal competitiveness (EEG and related regulations Sections 41–44 EEG). Companies in the manufacturing sector with an electricity consumption of more than 1 GWh / a (until December 31, 2011: 10 GWh / a) and a ratio of electricity costs to gross value added of at least 14% are eligible to apply. If these requirements are met, the EEG surcharge for the company is limited as follows: The EEG surcharge is not limited for the share of electricity up to 1 GWh / a. For the electricity share between 1 and 10 GWh / a 10% of the EEG surcharge has to be paid. For the electricity share between 10 and 100 GWh / a, 1% of the EEG surcharge has to be paid. The EEG surcharge is 0.05 cents / kWh for the electricity share over 100 GWh / a. For companies with an electricity consumption of more than 100 GWh / a and a ratio of electricity costs to gross value added of at least 20%, the EEG surcharge is limited to 0.05 cents / kWh. Electricity consumption of 10 GWh / a is a prerequisite for railways. If this requirement is met, the EEG surcharge is limited as follows: The EEG surcharge is not limited for 10% of the electricity consumption. The EEG surcharge for the rest of the consumption is 0.05 cents / kWh.
|Reduction of the levy
|up to 1 GWh / a||100%|
|over 1 GWh / a to 10 GWh / a||10%|
|over 10 GWh / a to 100 GWh / a||1 %|
|over 100 GWh / a||0.05 ct / kWh|
|Special regulation for consumption
over 100 GWh / a and electricity costs
min. 20% of gross value added
|0.05 ct / kWh|
(2) Own generation is exempt from the EEG surcharge
According to information from the Federal Environment Ministry from March 2012, these regulations at that time exempted around half of industrial electricity consumption from the EEG surcharge in whole or in part, which increased the EEG surcharge for end consumers by around 0.9 ct / kWh in 2011 . The number of exempted companies increased significantly after the 2012 EEG amendment. The federal government expected that in 2013 about two and a half times as many companies as before could benefit from the special regulation. In 2013, 1,691 electricity-intensive companies benefited from the special regulation. This corresponded to a share of 1.29 cents / kWh or approx. 25% of the total amount (5.28 cents / kWh) of the EEG surcharge. If they were fully assessed, they would have had to pay four billion euros. In 2014, 2098 companies or parts of companies benefited from the special compensation regulation of the EEG. The privileged electricity volume of these companies was 107,101 GWh. The list of companies affected shows that many of these companies do not trade with foreign countries. For 2015, applications for relief in the amount of 4.8 billion euros were submitted.
This relief met with broad criticism with a view to distortions of competition, additional burdens for private consumers and ecologically questionable incentive effects. The EU Commission initiated state aid proceedings against Germany in order to examine the subsidization of companies through the partial exemption from the EEG surcharge under competition law.
In May 2012, the Federal Network Agency published an evaluation report in which the exceptions for large-scale industry were criticized. For example, the network agency is concerned about the “reduction of the end consumption subject to the EEG surcharge due to the expansion of the privilege regulations”, since with the currently applicable regulations the privileged companies consume around 18% of the electricity, but only account for 0.3% of the EEG surcharge . In the future, it is important to find a better balance between large consumers and small and medium-sized companies as well as household customers. By privileging the electricity-intensive industry, this would be relieved of around 2.5 billion euros annually and the costs would be passed on to non-privileged companies and private households. According to journalistic research, around 450 million euros in electricity price reductions were granted in 2014 for the production of a single aluminum smelter. However, since the company in question only has a thousand employees, this resulted in a subsidy of 440,000 euros per year and job.
There is also criticism that many companies benefit from the exemption by outsourcing work through contracts for work. On the one hand, this reduces your own personnel costs. In addition, according to the law, contracts for work and services are not added to the company's added value. Under certain circumstances, the criterion for the exception regulation is achieved by outsourcing work to foreign (wage dumping) companies, which completely contradicts the aim of the law.
The Federal Environment Ministry and the Federal Ministry of Economics planned to reduce the exemption regulations in order to dampen the rise in costs. Companies that are not in "intense international competition" should again participate more in the expansion of renewable energies. According to KfW's assessment , German industry has benefited from the energy transition; a competitive disadvantage is not immediately recognizable due to the below-average development. This assessment was supported by other reports. Due to the various tax and tax privileges as well as falling wholesale prices as a result of the merit order effect of renewable energies, the energy-intensive industry in Germany obtains electricity relatively cheaply compared to previous years and compared to other industrialized countries. In 2013, a kilowatt hour on the spot market cost an average of 3.78 cents. In France the same product cost 4.3 cents in the same year, in Italy and Great Britain 6.2 cents. In the USA, electricity prices rose again from 2012 and in some regions are also above the German level. The electricity prices in over-the-counter trading are also becoming cheaper in Germany. For the years 2015 to 2017, electricity with direct supply contracts costs between 2.68 and 4.28 cents per kilowatt hour, according to the Association of Industrial Energy and Power Industries (VIK). Further reports from 2013 support this finding. In January 2014, a Dutch aluminum smelter announced its closure because it was no longer competitive due to the cheap industrial electricity in Germany.
The energy costs as well as the EEG surcharge only have a small share in the gross production value in the manufacturing industry in Germany, compared to factors such as material and personnel costs . Nevertheless, the burden on companies through the statutory EEG surcharge is definitely measurable: In mechanical engineering, this accounted for a maximum of 0.05% of the gross production value in 2007 (latest available data from the Federal Statistical Office). In the most energy-intensive sectors, such as glass, ceramic or paper production, the share of the EEG surcharge was a maximum of 0.3%. Extrapolated to the EEG surcharge for non-privileged end consumers in 2013 (5.23 cents / kWh), this would result in a maximum share of 1.5% in these sectors.
According to a reform proposal submitted by the German Institute for Economic Research, companies are only to be given privileges in future if they also fall under the electricity price compensation rule of the EU emissions trading due to criteria under European law. 15 central sectors benefit from this, including the iron, steel, aluminum, copper, chemical and paper industries. The previous link between privileges and the amount of annual electricity consumption, however, is to be dropped without replacement.
According to its own information, Deutsche Bahn paid a EUR 55 million EEG levy in 2013. Due to changes in the assessment basis, this amount is to increase to 108 million euros in 2014. According to their own information, their EEG share will increase by a further 52 million euros, to 160 million euros, in 2015.
Special regulation for self-consumption by power plants
The own electricity consumption of power plants, for example coal, gas or nuclear power plants, is exempt from the EEG surcharge. This special regulation leads to additional burdens of around 2.6 billion euros or 12% of the EEG surcharge (2013).
Compensation Mechanism Ordinance
The ordinance on the further development of the nationwide compensation mechanism (AusglMechV) , which was issued in 2009 and applies to EEG electricity generated from 2010, fundamentally changes the statutory compensation mechanism of the EEG. The AusglMechV was issued on the basis of (3) EEG, which authorizes the federal government to make extensive changes to the nationwide compensation mechanism with regard to the costs incurred for EEG electricity. The AusglMechV releases the transmission system operators from forwarding the EEG electricity to the energy supply companies, and these in turn are released from their purchase obligation ( No. 1 and 2 AusglMechV). Instead, the transmission system operators are obliged to exploit the EEG electricity on the spot market of an electricity exchange in a transparent and non-discriminatory manner ( No. 3 and AusglMechV). The transmission system operators can also request the energy supply companies that supply electricity to end consumers to reimburse the necessary expenses in connection with the EEG surcharge on a pro rata basis ( (1) AuslgMechV). According to the AusglMechV, the surcharge is calculated based on the difference between the income from the marketing of EEG electricity according to EEG (plus related income) and the expenses in connection with the purchase of EEG electricity, in particular that according to the EEG Remuneration to be paid ( AusglMechV).
The concession for electricity-intensive companies and railways according to statutory ordinance is questioned - an objection that the Federal Council had already raised in the legislative process.EEG, according to which their obligation to purchase EEG electricity can be limited, is changed so that they only have to pay a compensation of 0.05 cents / kWh as an EEG surcharge. In addition, the AusglMechV contains principles for determining the EEG surcharge and obliges the transmission system operators to publish the income and expenses determined for determining the surcharge monthly and annually on their websites, as well as a forecast for the expected surcharge for the next year. The Federal Network Agency is in turn authorized to issue further regulations. With the AusglMechV, a significant part of the EEG is being amended by ordinance, which is why the constitutional admissibility of a
Compensation payments for electricity not fed into the grid
If electricity can be produced but not fed into the grid, for example because the network operator is shutting down the system operator remotely due to insufficient network capacity or network overload, the system operator has been entitled to compensation since the 2009 EEG, which is usually based on the EEG remuneration that would otherwise be paid.
The regulated wind energy amounted to almost 1% of the generated wind energy in the years 2011 to 2013 and rose to 2.4% in 2014 and 5.2% in 2015. In the case of photovoltaics, the regulated energy was around 0.6% in 2015, and 0.9% in the case of biomass. In 2015, the total curtailed renewable energy amounted to 4722 GWh. 87% of this was due to wind energy, 5% to solar energy and 8% to biomass. In 2015, 89% of the bottlenecks were in the national transmission network, geographically 97% in northern Germany. The resulting compensation claims in 2015 amounted to 394 million euros (provisional value). In 2016, the regulated volume of electricity fell to 3,743 GWh, and the compensation payments made for it fell to 373 million euros.
Tendering since EEG 2014
With the EEG 2014, tenders were introduced for the first time, which were initially tested and evaluated in pilot models with photovoltaic ground-mounted systems. This went hand in hand with the introduction of growth paths for the individual energy sources, as previously only existed for photovoltaics. There is no obligation to tender for photovoltaic systems on buildings up to 1 MW. The key issues paper from 2015 called for tenders for an expansion of wind power by 2.4 GW, provided that it is commissioned between 2021 and 2023. However, this should be made dependent on the achievement of the expansion target.
Industry associations viewed the tender with skepticism. They expect that the higher market risks that arise as a result of the departure from the remuneration system will be priced in and thus lead to higher costs. Citizens' energy projects in particular are at risk because they can not bear the financing risks.
Tender in the EEG 2017
For the years 2017 to 2019, the tender volume for wind energy was set at 2.8 GW annually and thus increased compared to the key issues paper. From 2020 it should be 2.9 GW annually. However, starting in 2018, the volume of tenders is to be reduced by the total installed capacity that was awarded in the context of tenders.
Framework conditions and influences
Classification in the Energy Industry Act
Smaller electricity-generating plants can use the possibility of expropriation provided for in the Energy Industry Act (EnWG) as a project for the purpose of energy supply . (1) no. 3 EnWG, which is particularly important if the private facilities have to claim land from third parties to route cables to the next open public network. It is disputed among the courts whether this includes the right to early possession ( EnWG).
The powers of the energy supply and network companies to take measures (such as production restrictions) to maintain the security and reliability of the electricity supply system in accordance with(1) and (1) EnWG exist vis-à-vis the EEG electricity-generating plant operators - in so far without Compensation obligation ( (2) EEG).
Persistence of the twenty-year remuneration scheme
The EEG ensures that plant operators receive the tariff rate applicable in the year the power generation plant was commissioned for this year and twenty further years. With this definition, the system operators should be given sufficient investment security. The annual degression of the remuneration rates provided for in the law only applies to systems that were connected to the grid in the respective year at the time of official commissioning ( Stefan Klinski, was of the opinion that a subsequent change in the applicable remuneration rates for the future would be a “false retroactive effect ”, which was fundamentally permitted, but in which the trust created by the legislature had to be taken into account. His report published by the BMU came to the result that the current remuneration and its conditions could be interfered with if EU law required this or it was subsequently determined that the remuneration paid was economically too high.EEG). It has not been clarified whether and under what conditions the legislature can retroactively reduce the remuneration conditions, including the rates, for operated systems. The BVerfG, which in a decision of February 18, 2009 dealt with the retrospective application of the new system term in the EEG of 2009, which had led to a drop in remuneration of almost 50% for some operators of biomass systems since the law came into force, left this question untreated because it had already considered a retrospective change due to an uncertain legal situation to be permissible. The expert commissioned by the BMU,
Constitutional and European law admissibility
The electricity feed-in model of the EEG intervenes on various levels in the freedom of contract and exploitation, so that the constitutional admissibility with regard to the freedom of occupation ( GG ) and the right to property ( GG) appeared questionable. In addition, the law in the form of the EEG surcharge leads to a type of charge, the admissibility of which has been questioned as a special tax under tax law. However, the tax is mainly classified as a price component under private law, since the additional costs caused by the EEG do not affect public budgets under tax law. In addition, the provisions of the EEG are classified as permissible regulation of the exercise of the profession or the content restriction of property.
Under European law, the model was put to the test under the aspect of a violation of the free movement of goods and the prohibition of granting subsidies . For years, the European Commission had supported a model other than the market economy, according to which quotas are allocated to the use of renewable energies in electricity generation, which can be fulfilled by purchasing green certificates (via renewable electricity). However, the European Court of Justice had already confirmed in its PreussenElektra decision of March 13, 2001 with regard to the Electricity Feed Act that the EEG surcharge was not a public service payment, so that a violation of the prohibition of subsidies was ruled out; The court considered the present encroachment on the free movement of goods to be acceptable at the time because of the imperative concerns of climate and environmental protection. With the EC Directive 2009/28 / EC of April 23, 2009 expressly confirming the EEG model (in addition to the quota model), the last doubts under European law were dispelled.
According to an expert opinion by the Law Faculty of the University of Regensburg in 2012, parts of the EEG may have been unconstitutional since the 2009 amendment. The problem is that with the entry into force of the Compensation Mechanism Ordinance, which was amended in 2010, some of the charges represent a “special charge” that bypasses the federal budget or is “volatile” in legal German. The situation is comparable to the earlier “ coal pfennig ” for subsidizing German hard coal construction, which was banned in 1994. The lawsuits of various companies in the textile and fashion industry based on this report were ultimately dismissed by the Federal Court of Justice; a constitutional complaint that was subsequently filed was not accepted for decision by the Federal Constitutional Court in October 2014.
In February 2013, EU competition commissioner Joaquín Almunia announced the opening of a state aid investigation . The companies that have benefited from the regulation may face repayment of exemptions that have already been granted. In July 2013, it became known that the Competition Commissioner wanted to initiate state aid investigations into the exemption of energy-intensive companies that same month. After an intervention by the federal government, it was postponed until the end of September, after the 2013 federal election . On December 18, 2013, an in-depth examination (investigation procedure) was initiated to determine whether the partial exemption from the EEG surcharge granted to electricity-intensive companies in Germany was in line with EU state aid rules. At least a repayment of discounts already granted could be averted in the negotiations with the EU Commission. However, more restrictive regulations for industrial discounts must come into force by 2018.
On April 9, 2014, the EU Commission presented new guidelines for aid in the environment and energy sector. They also contain criteria for how energy-intensive companies, which are particularly exposed to international competition, can be relieved of taxes to promote renewable energies. While the Federal Association of Energy and Water Management welcomed the new guidelines, as they are intended to require tenders in the energy sector and thus prohibit the feed-in tariffs of the EEG, the Federal Association of Renewable Energy recommended that the member states oppose the guidelines of the EU Commission before the European Court of Justice (ECJ ) to sue, as these represent an interference in the competence of the member states, are in open contradiction to the EU directive for renewable energies and ignored the negative experiences and cost-driving effects of the tendering models favored there. A legal expert opinion by the Environmental Energy Law Foundation from Würzburg assesses the EEG under certain conditions as being in conformity with European law. A transition to tenders is not absolutely necessary.
According to the latest case law of the European Court of Justice, the member states have a great deal of freedom to promote renewable energies with national instruments and thus do not violate the prohibition of discrimination against foreign investors. It is in the general interest to promote renewable energies and to protect the environment and climate.
The main features of the remuneration for systems for electricity generation from renewable energies and mine gas have also been retained in the EEG 2012:
- different levels of remuneration depending on the type of energy
- higher remuneration for smaller systems, as they require higher investment costs per unit of power (kW)
- Decreasing remuneration rates, the later the year of commissioning, the so-called "degression"
The EEG 2012 regulates the remuneration for systems that are put into operation from January 1, 2012 (§§ 23–33 EEG 2012). For plants that are already in operation, the previous legal situation continues to apply - subject to some transitional provisions (EEG). For electricity from solar radiation energy, an exception has been introduced with the photovoltaic amendment, according to which, in addition to the regular decrease at the beginning of the year with high expansion compared to the previous year, a further decrease can also take place on July 1 ("breathing lid") ( EEG 2012).
For the individual types of energy, the EEG provides for adjusted remuneration depending on the expansion capacity. The sudden differences at the transitions between these remuneration groups are balanced out by dividing the expansion capacity of a system into the individual service groups and calculating the remuneration proportionally (see the following example of hydropower ).
|up to 5 MW||over 5 MW|
|up to 500 kW||12.7||12.67 (2) / 11.67 (3)||7.29||9.67|
|up to 2 MW||8.3||8.65||7.29||6.65|
|up to 5 MW||6.3||7.65 (2) / 8.65 (3)||7.29||6.65|
|up to 10 MW||5.5||6.32||6.32|
|up to 20 MW||5.3||5.80||5.80|
|up to 50 MW||4.2||4.34||4.34|
|over 50 MW||3.4||3.50||3.50|
(1) New construction and modernization
(2) New building
With the EEG 2012, the payment period for hydropower plants has also been increased to 20 years plus the year of commissioning (previously 15 years for plants over 5 MW) ( fish pass - must be met, which must be proven by the authorities or by an expert (Sections 33 to 35 and 6 (1) sentence 1 numbers 1 and 2 of the Water Management Act).EEG). The differentiation between small and large hydropower at 5 MW - with different remuneration regulations (see table) - has also been removed. The degression is one percent for each subsequent year of commissioning. For the extension or the new building, a number of environmental and water law requirements - especially for
The remuneration specified in the law is subdivided into performance groups that are applied when calculating the remuneration for the individual case according to the rated performance. The EEG (, Paragraph 2a) defines the rated output of a system as the quotient of the sum of the kilowatt hours generated in the respective calendar year and the total of the full hours of the respective calendar year . Example: A hydropower plant with a system output of 2 MW generates 9,600,000 kWh per year at 4800 full load hours. The rated output is 1,096 kW (annual full load hours * nominal output / 8760 h). Of this, 500 kW, i.e. 45.6%, are assigned to the remuneration group up to 500 kW and the additional output to the remuneration group up to 2 MW. The average remuneration is calculated as 0.456 × 12.7 ct / kWh + 0.544 × 8.3 ct / kWh = 10.31 ct / kWh. When commissioning after 2012, the degression of 1% per year must be taken into account. A system that was put into operation in 2013 receives 12.57 ct / kWh instead of 12.7 ct / kWh in the group up to 500 kW.
Landfill, sewage and mine gas
The remuneration can be found in the following tables. According to Annex 1 of the EEG, systems up to 5 MW el receive a bonus of 2.0 cents / kWh (2004: 2.0) for innovative system technology. There are additional bonuses for landfill and sewage gas for gas processing.
The degression for basic remuneration and bonuses is 1.5% for each subsequent year of commissioning (EEG 2012).
Mine gas is not a renewable, but a fossil source of energy. The combustion of mine gas (for example in a power generation plant) is nevertheless a climate protection measure, since uncombusted mine gas escaping into the atmosphere has a higher global warming potential than the carbon dioxide produced during combustion. The promotion of the generation of electricity from mine gas was introduced because the collection and energetic use of mine gas is not worthwhile without financial support.
The basic remuneration can be found in the following table.
|Performance share||EEG 2012||EEG 2009||EEG 2004|
|up to 150 kW el||14.3||11.67
also for old systems
|150 kW el to 500 kW el||12.3||9.18||9.90|
|500 kW el to 5 MW el||11||8.25||8.90|
|5 MW el to 20 MW el||6
only with CHP
only for CHP
only with CHP
In order to benefit from the extensive bonuses of up to 18 cents / kWh for electricity generation from biomass, the following conditions must be met:
- Use of innovative technologies ( technology bonus )
- Use of renewable raw materials or manure ( Nawaro bonus , including: the manure bonus )
- Use of combined heat and power (CHP, CHP bonus )
- Compliance with limit values for formaldehyde emissions ( formaldehyde bonus )
If the raw materials used for the production of liquid biomass do not meet the requirements of Biomass Electricity Sustainability Ordinance or if the raw materials come from unsustainable cultivation, such as the rainforest or wetlands, the remuneration under the EEG is no longer applicable.the
The annual degression on the basic remuneration and the bonuses was reduced in the EEG 2009 by half a percentage point to 1% (EEG 2004: 1.5%).
In the EEG 2012 amendment, which was passed on June 30, 2011, the following premiums were introduced for biogas plants:
From January 1, 2012, small biogas plants up to 75 kW were also remunerated at 25 ct / kWh.
|Performance share||EEG 2012||EEG 2009||EEG 2004|
|up to 5 MW el||25th||20th||15th|
|up to 10 MW el||25th||20th||14th|
|up to 20 MW el||25th||14.50||8.95|
|from 20 MW el||25th||14.50||7.16|
In the 2009 EEG, the basic remuneration for the output portion up to 10 MW el was raised to 16 ct / kWh and for the output portion over 10 MW el to 10.5 ct / kWh. In addition, a heat utilization bonus of 3 ct / kWh and a technology bonus of 4 ct / kWh for non-hydrothermal systems (e.g. hot-dry-rock) were introduced. The bonuses for combined heat and power generation and earliness that were valid until 2011 were no longer applicable due to the increase in the tariffs in the EEG 2012. The technology bonus for petrothermal projects was retained and increased from 4 to 5 ct / kWh.
The annual reduction in the basic remuneration and the technology bonus is postponed in the EEG 2012 to 2018 and amounts to 5% per year (EEG 2004/2009: 1% from 2010).
Wind power mainland (onshore)
|phase||Initial tariff||Basic remuneration|
|ct / kWh||ct / kWh|
|EEG 2014 from August 1, 2014||8.90||4.95|
|EEG 2017 from January 1, 2017||8.38||4.66|
|EEG 2017 from March 1, 2017||8.29||4.61|
|EEG 2017 from April 1, 2017||8.20||4.56|
|EEG 2017 from May 1, 2017||8.12||4.51|
|EEG 2017 from June 1, 2017||8.03||4.47|
|EEG 2017 from July 1, 2017||7.95||4.42|
|EEG 2017 from August 1, 2017||7.87||4.37|
|EEG 2017 from October 1, 2017||7.68||4.27|
|EEG 2017 from January 1, 2018||7.49||4.17|
The remuneration structure for electricity from wind power on the mainland depends on the yield of the location ( reference yield by which the yield of the system falls below 150 percent of the reference yield" ( (2) EEG 2012). With the EEG 2014, the regulation on the initial tariff was adjusted as follows: “This period is extended by one month for every 0.36 percent of the reference yield by which the yield of the system falls below 130 percent of the reference yield. In addition, the period is extended by one month for every 0.48 percent of the reference yield by which the yield of the system falls below 100 percent of the reference yield ”( (2) EEG 2014).EEG 2014). After an initial five-year initial remuneration, the initially achieved yield is set in relation to a (theoretical) reference system and from this it is calculated for the individual location how long the additional initial remuneration will be granted. The windy and thus more profitable a location is, the shorter this payment phase becomes. The associated regulation was in the EEG 2012: "This period is extended by two months for each 0.75 percent of the
For locations close to the coast, which, for example, achieve 120% of the reference yield, it leads to an extension of 27 months, so that the initial payment of 8.79 cents / kWh (commissioning January 2016) is granted for a total of 7.25 years. The reference yield may fall below the reference yield for inland locations, so that a location with 90% of the reference yield, for example, is extended by almost 11 years to a total of 16 years. After this period has expired, only the so-called basic payment of 4.89 cents / kWh is granted ((1) EEG 2014 with degression when commissioning in January 2016). This location-dependent remuneration structure for wind power on the mainland leads to significantly different average remuneration over the course of the 20-year EEG remuneration period.
According to EEG 2012, the initial tariff is subject to a degression of 1.5% per year, the later the commissioning takes place ((2) EEG 2012). According to the EEG 2014, a quarterly adjustment of the tariffs will take place from January 1, 2016 ( EEG 2014). The amount of the adjustment depends on the additional construction carried out in a previous 12-month period. If a particularly high level of expansion was found, the degression increases to up to 1.2% per quarter, while in the case of particularly weak expansion, an increase in the remuneration of up to 0.4% is possible. A target corridor of 2.4 GW to 2.6 GW per year is targeted for the expansion.
The yield calculation for the relevant reference system is regulated in Appendix 3 to the EEG 2012 and essentially includes the measured performance curve of the system type and a reference location, the yield conditions of which are determined based on the mean annual speed, the measuring point height, the height profile and the roughness length.
The EEG 2012 regulates two bonus payments for wind turbines on the mainland: the system service bonus (AS bonus) and the repowering bonus . The system service bonus of 0.48 cents / kWh is granted for systems that meet the technical requirements of the System Service Ordinance (SDLWindV) (EEG 2012) and that are put into operation before January 1, 2015. Existing systems that meet the requirements of the aforementioned ordinance and that were put into operation between January 1, 2002 and December 31, 2008 can also receive this bonus ( (1) No. 6 EEG 2012) (then 0.7 cents / kWh). The technical requirements of the ordinance contribute to grid stability and improved load and generation management. The System Service Ordinance (SDLWindV) was issued on July 3, 2009.
The repowering bonus is granted for new systems that replace systems that are at least ten years old ( EEG 2012). In order to benefit from the increase, the new system must provide at least twice as much output and be in the same or an adjacent district. Another condition is that the number of systems does not increase. Under these conditions, a repowering bonus of 0.5 cents / kWh is paid.
Offshore wind power
Offshore systems are wind energy systems that are set up at a distance of at least three nautical miles - measured from the coastline towards the sea ( No. 9 EEG 2012). In autumn 2009, the “ alpha ventus ” test field with twelve turbines of the 5 MW class was put into operation. In March 2010 the construction of two more offshore wind farms started . Permits have been issued for 32 additional plants in the North and Baltic Seas . Because not a single project had been implemented by 2009 despite the existing approvals, the tariff rates in the EEG 2009 have been increased significantly. In the first twelve years, the initial payment for electricity from offshore wind turbines (offshore wind energy: EEG) is 15.4 cents / kWh. Since the EEG 2012, a higher initial tariff of 19.4 cents / kWh has also been possible according to the compression model , although the tariff period is shortened from 12 to 8 years. After the initial tariff period (12 or 8 years), 3.9 cents / kWh (EEG 2004: 5.95 cents / kWh) are paid per kWh. The period of the initial payment is extended depending on the distance between the system and the mainland (from a distance of 12 nautical miles an extension of 0.5 months for each additional nautical mile completed) and the water depth (from a water depth of 20 meters an extension of 1.7 Months per additional meter completed). Restrictions on the approval of offshore installations exist primarily in favor of nature conservation and the safety of shipping. A degression, which should have reduced the annual remuneration rate for offshore plants by 5% from 2015, was postponed to January 1, 2018, with an increased percentage of 7% then applicable. On March 27, 2010, the first German offshore wind farm, alpha ventus, with an output of 60 MW, was opened 45 kilometers off the coast of Borkum . By 2030, around 30 gigawatts (only 15 GW in 2014) are to be installed in German waters (North Sea and Baltic Sea), also with the help of cooperations .
The Merkel government passed the controversial offshore liability rule in 2012. Compensation for missing connections to wind farms or in the event of disruptions lasting more than ten days will therefore be partially allocated to the electricity price. The network operators are liable, depending on the degree of their fault, for delays with a maximum amount of 110 million euros, the rest is passed on to the electricity consumers. This surcharge should be a maximum of 0.25 cents / kWh. The Federal Network Agency also confirms that there is a risk of billions in the burden, assuming costs for delays that already exist or are already foreseeable of around 1.6 billion euros. Large consumers of over 100,000 kWh are largely exempt from paying the levy. Opposition parties had heavily criticized the rule. Instead, they demanded that the federal government, through the KfW banking group, assume liability for claims for damages on the part of the operator. For this purpose, he can either take over shares in the transmission system operators (TSOs) or in an offshore grid company. The federal government would not only assume the risks, but could also benefit in the medium and long term from the income from network charges through the shares of the TSOs. The offshore liability levy is regulated by law in EnWG ( Energy Industry Act ) and therefore outside the EEG.
In 2011, electricity from photovoltaics made up 21% of the total EEG electricity volume and 46% of the total EEG subsidy. In 2011 the EEG remuneration for photovoltaics was 7.77 billion euros or an average of 40.16 cents / kWh.
The newly installed capacity rose sharply from year to year from 2001 to 2010 due to very high funding amounts; from 2010 to 2012 it remained at a record level of around 7.5 GWp. As a result of sharp cuts in the feed-in tariffs, the newly installed capacity fell by 57% in 2013 compared to 2012 and by 43% in 2014 compared to the previous year. The political expansion target was thus met in 2013 (for the first time since 2008) and not exceeded, but the 2014 expansion target with 1.95 GW of capacity in newly constructed plants was not achieved.
KfW loans are offered especially for photovoltaic systems . With the system itself and the feed-in tariff as security, little or no equity capital may have to be used to purchase the system. The KfW loans for photovoltaic systems have somewhat less favorable terms than the corresponding KfW loans for investments in other renewable energies.
The feed-in tariffs valid until January 2012 can be found in the table below (figures in net prices). The remuneration period for photovoltaic systems is 20 years and remains unchanged from the year of commissioning until the end of the support period. Depending on the power class (systems on buildings, outdoor ...) the remuneration rates are applied staggered and compensation is a percentage: With a built in August 2012 roof system with a peak output of 30 kW p is for 10 kW p compensation of 18.73 cents / kWh, for the remaining 20 kW p 17.77 cents / kWh will be paid until the end of 2032.
- Abolition of private electricity privilege and allowance for facade systems (2009)
- With the EEG 2009 a self-consumption tariff was introduced for self-consumed electricity from building systems up to 30 kW p ( EEG), which was 18 cents / kWh less than the feed-in tariff (as of July 1, 2010 adjusted to 16.38 cents / kWh less up to 30% and 12 cents / kWh less over 30% self-consumption). In comparison to the pure “feeder”, the self-consumer benefited from the difference to the otherwise necessary electricity purchase from an energy supply company, which was over 16.38 or 12 cents / kWh. In this way, the legislature wanted to create an incentive for personal use.
For facade systems (more precisely: systems that are not installed on the roof or as the roof of a building and form an essential part of a building) there was a surcharge of 5 cents / kWh until the end of 2008, since a lower yield is to be expected than with Roof systems; the EEG 2009 did not take over this surcharge.
- 2010 cuts of 13% and 3%
- Federal Environment Minister Norbert Röttgen wanted to reduce the levy for solar power by between 15% and 25% as early as April 2010. The reason for this was that the remuneration rates were too high with falling costs for solar systems. Because of the relevant law passed by the Bundestag on May 6, 2010, the Bundesrat , which considered a reduction of 10% to be sensible, called the Mediation Committee . On July 8, 2010, the German Bundestag adopted the law amending the Renewable Energy Sources Act, which was amended by a resolution recommendation by the Mediation Committee . With the law, the remuneration for roof and open space systems was reduced in two stages of 13% and 3% in 2010 and the remuneration for systems on former arable land was completely canceled (see table).
- 2011 cuts of 13%
- The compensation cut in 2011 was 13%. The capacity installed in the period from June up to and including September 2010 (over 2,000 MWp in June alone), multiplied by three, was over 6,500 MWp; this increased the degression from 9% to 13%. For July 1st / April 1st In September 2011, the Bundestag decided on a potential further reduction in the case of additional construction of more than 3,500 MWp per year, extrapolated from the additional construction in the months of March to May 2011 (by 3% and for every 1,000 MWp over 3,500 MWp by a further 3%, maximum by 15%) . However, since less than 3,500 MWp of photovoltaic systems were installed over the year, there was no reduction.
When the law was amended in 2011, the existing degression regulation was retained and measures for network integration were provided. At the same time, the "curtailment" was made more flexible: In the event of a high network load, the network operator can request the operator to temporarily reduce the system output (this is done automatically via a built-in or retrofitted switch) - the system operator receives compensation in the amount of 95% of the lost revenue. The limitation is limited to a maximum of 1% of the annual system output.
- Reductions as of January 1, 2012 by 15%
- The following regulation applied at the beginning of 2012: At the turn of the year, the remuneration will be reduced between 1.5% (for less than 1,500 MWp) and 24% (for over 7,500 MWp) depending on the installed capacity in the same period of the previous year (October 1 to September 30). Depending on the expansion between October 1st and April 30th, up to 15% of this fee reduction will be brought forward to July 1st. Between October 1, 2010 and September 30, 2011, 5,200 MWp were newly installed, which meant a reduction of 15% for 2012. In the period from October 1, 2011 to April 30, 2012, the expansion was around 6,273 MWp; this would reduce the remuneration as of July 1, 2012 by 15%.
- Pay rates 2000–2003
- The remuneration rates for photovoltaics were from April 1, 2000 for 2000 and 2001 DM 0.99 / kWh, from January 1, 2002 48.1 ct / kWh, from January 1, 2003 45.7 ct / kWh.
|on a building
or a noise barrier
|up to 30 kW p||57.4||54.53||51.80||49.21||46.75||43.01||39.14||34.05||33.03||28.74||24.43|
|from 30 kW p||54.6||51.87||49.28||46.82||44.48||40.91||37.23||32.39||31.42||27.33||23.23|
|from 100 kW p||54.0||51.30||48.74||46.30||43.99||39.58||35.23||30.65||29.73||25.86||21.98|
|from 1 MW p||33.00||29.37||25.55||24.79||21.56||18.33|
|Open space systems
(independent of performance)
|Other open spaces||25.02||24.26||21.11||17.94|
for systems on buildings
|up to 30 kW p up to 30% self-consumption||25.01||22.76||17.67||16.65||12.36||8.05|
|up to 30 kW p from 30% self-consumption||25.01||22.76||22.05||21.03||16.74||12.43|
|30 to 100 kW p up to 30% self-consumption||-||-||16.01||15.04||10.95||6.85|
|30 to 100 kW p from 30% self-consumption||-||-||20.39||19.42||15.33||11.23|
|100 to 500 kW p up to 30% self-consumption||-||-||14.27||13.35||9.48||5.60|
|100 to 500 kW p from 30% self-consumption||-||-||18.65||17.73||13.86||9.98|
- Reductions as of April 1, 2012
- In March the Bundestag passed an amendment to the EEG, according to which the PV remuneration would be reduced again. On May 11, 2012, the Federal Council decided to convene the mediation committee with the aim of fundamentally revising the law, after the solar industry and federal states had protested against the draft.
At the end of June 2012, a somewhat weaker EEG amendment was adopted by the Bundestag and Bundesrat (see also the following table). Depending on the type of system, the remuneration for systems that were commissioned on or after April 1, 2012 (definition: see Section 3 No. 5 EEG 2012) was reduced by around 30%. For roof systems for which a network connection request was submitted to the network operator before February 24, 2012, subsidies according to the old rules apply, provided that the system went into operation before June 30. According to the transitional regulation, the old remuneration is due to open-space systems for which the planning process was started before March 1st and which will be connected to the grid by June 30th at the latest. For open-space systems on conversion areas , which are associated with complex planning processes, the funding according to the old rules was valid until September 30th.
On April 1, 2012, the remuneration for self-consumption was abolished because the tariff rate for solar power fed into the grid had meanwhile fallen below the purchase price invoiced to private end consumers by the energy supply company, and so the self-consumption of solar-generated power is cheaper than feed-in with subsequent purchase from the grid, even without subsidies.
- Transitional arrangement
- Applicability of the remuneration rates of the EEG 2012 in the previous version for systems that were put into operation after March 31 and before July 1, 2012 according to the new commissioning definition if a written or electronic grid connection request stating the Location and the system power to be installed (Section 66 Paragraph 18 Sentence 2 EEG 2012 new version) For newly built roof systems between 10 and 1000 kW p, the following applies in future: Only 90% of the electricity produced will be remunerated. The owner should consume or sell the rest himself. The federal government aims to limit the annual expansion to 2,500 to 3,500 megawatts, if possible. The degression of remuneration takes effect on a monthly basis: depending on the expansion in the previous months, it is –0.5 to 2.8% per month, staggered according to a scheme specified in the EEG.
|Roof systems||pre-loaded and other
open spaces up to 10 MW p
|up to 10 kW p||up to 40 kW p||up to 1 MW p||up to 10 MW p|
- Changes by the EEG 2014
- The EEG 2014 results, on the one hand, in an upper revenue limit based on the market premium model, which is mandatory for systems from 500 kW p (from January 1, 2016 from 100 kW p ), and on the other hand, a fixed feed-in tariff for small systems up to and including 500 kW p ( from January 1, 2016 up to and including 100 kW p ) output without participation in the market premium model. The limitation of the remuneration to 90% of the electricity produced for roof systems between 10 and 1000 kW p introduced with the EEG 2012 was not included in the EEG 2014. This means that 100% of the electricity produced is eligible for remuneration for all plants commissioned in accordance with the EEG 2014.
market premium model
|Roof systems||Outdoor non-residential buildings as well as
roof systems and open spaces up to 10 MW p
|Roof systems||Outdoor non-residential buildings
and open spaces up to 500 kW p
|up to 10 kW p||up to 40 kW p||up to 1 MW p||up to 10 kW p||up to 40 kW p||up to 500 kW p|
|Oct. – Dec.||-|
The EEG 2014 also provides for a pilot model for testing tenders for photovoltaic ground-mounted systems. The first round of tenders ended on April 15, 2015. A total of 170 bids were received, so that the tender volume of 150 MW is several times oversubscribed. The Federal Association for Renewable Energy fears that citizens' cooperatives and facilities will be pushed out of the market, as their lower capital strength means they can undertake less advance payments and bear fewer risks.
- Changes from January 1st, 2016
- From January 1, 2016, direct marketing according to the market premium model is always required above a size of 100 kW p .
|Revenue ceiling --- market premium model||Fixed feed-in tariff|
|Roof systems||Outdoor non-residential buildings as well as
roof systems and open spaces up to 10 MW p
|Roof systems||Outdoor non-residential buildings
and open spaces up to 100 kW p
|up to 10 kW p||up to 40 kW p||up to 1 MW p||up to 10 kW p||up to 40 kW p||up to 100 kW p|
|2016||Jan. – Dec.||-||12.70||12.36||11.09||8.91||12.31||11.97||10.71||8.53|
|2017||Jan. – Apr.||12.30||11.96||10.69||8.51|
|2018||Jan. – Jul.|
Costs and benefits
EEG surcharge (differential costs)
The 2016 EEG surcharge increased by 3 percent compared to the previous year and was thus 6.354 cents per kilowatt hour. The 2015 EEG surcharge fell to 6.17 cents per kilowatt hour compared to the previous year (2014: 6.24 cents; 2013: 5.28 cents; 2012: 3.59 cents; 2011: 3.53 cents). The additional costs are largely fed by the increasing difference between the falling electricity exchange prices and the fixed feed-in tariff as well as the increasing exemptions for industry. Meanwhile, the expansion of renewable energies contributed 15% to the last increase in 2014. The feed-in tariffs, especially for solar power, have been continuously reduced in recent years. Studies by the Federal Environment Ministry and the network operators expect the surcharge to stabilize in the coming years despite ongoing expansion and then fall due to falling remuneration rates. Analyzes show that even a slowdown in the energy transition would not reduce the costs of renewing the power plant fleet, provided that the climate targets are adhered to.
There are exemptions for energy-intensive companies, with the result that the subsidy costs are redistributed at the expense of small and medium-sized companies and private households. This regulation arouses increasing criticism. The Federal Network Agency stated in 2012 that it viewed this development "with concern". Other critics point to a privilege also for those companies that are not under competitive pressure at the expense of all non-privileged consumers. According to the German Institute for Economic Research , the total electricity costs account for an average of around 3% of a company's turnover, of which the EEG surcharge only makes a small contribution. The costs are higher for electricity-intensive companies, but these are largely exempt from the EEG surcharge and eco-tax in order to avoid competitive disadvantages. Energy-intensive industries are also currently benefiting from historically low prices on the electricity exchange.
The most recent increase in the EEG surcharge is not due to rising subsidy costs, but rather to distorting effects. In the course of the economic crisis and the merit order effect, the electricity prices on the exchange fell, so that the difference to the fixed feed-in tariffs increased and the subsidy costs apparently increased as a result. In addition, the increase in the EEG surcharge is due to a change in the calculation basis (introduction of the liquidity reserve, introduction of the market premium, expansion of the exceptions for industry, inclusion of previously separately reported network fees). Without this modification, the EEG surcharge would have fallen in 2011 instead of increasing. This finding was consistently confirmed by several studies that break down the composition of the EEG surcharge. In 2014, the lower stock exchange price caused additional costs of 1.45 cents per kilowatt hour and the industry privileges another 1.25 cents. The provisional values for external costs in 2015 (stock exchange price: 1.83 cents, industrial privileges: 1.34 cents) bring the actual promotion of renewable energies and the increase in the EEG surcharge into an ever greater disproportion.
Due to the numerous distorting effects, the EEG surcharge is not a valid indicator for the costs of renewable energies. The Öko-Institut therefore published the Energy Transition Cost Index (EKX), which is intended to adjust the EEG surcharge for the distorting effects and, in return, include other cost factors (such as the promotion of combined heat and power). According to this, over 50% of the increase in electricity costs between 2003 and 2012 is based on higher fuel prices and redistributive effects of industrial policy.
Photovoltaics account for the largest share of the EEG surcharge, as it was initially funded with high remuneration rates and the expansion took place faster than planned. However, since the remuneration was legally guaranteed for 20 years, this entails considerable payment obligations. In the meantime, the remuneration has been adjusted sharply downwards in several steps, so that newly built facilities today cause much lower costs. In addition, a “breathing lid” provides that the remuneration is automatically reduced the more the additional capacities are added. According to the price regulations in force at the beginning of 2012, Prognos already expected electricity prices to rise by just under two percent as a result of solar growth of 70% in the four years up to 2016. The gradual reduction in solar electricity tariffs sparked controversial debates across the political camps, Economy and science.
In a representative survey by TNS Infratest on behalf of the Renewable Energy Agency in October 2012, 51% of citizens considered an EEG surcharge of 5 ct / kWh to be "too high", while 46% considered it "appropriate" or "too low" considered. In 2011 more than 75% considered the renewables surcharge of 3.5 ct / kWh at the time to be “appropriate” or even “too low”. In another survey, 20% of those questioned were in favor of keeping the EEG in its current form and 60% in favor of reforming the EEG.
The International Energy Agency (IEA) notes with a view to the costs of the EEG in its Country Report 2013 Germany: "The cost impact of the EEG must be evaluated in the context of general developments in the energy sector. The most recent increase in electricity prices is causing problems for households with low incomes in particular, whereas large consumers are less affected by the surcharge and at the same time benefit from the reduction in wholesale tariffs brought about by renewable energies. In addition, fuel poverty is also increasing due to the sharp rise in fossil fuel costs. The costs and benefits of renewable energies must be distributed fairly and transparently. "
In the past, there had been several forecasts about the development of the EEG surcharge, which in retrospect often turned out to be incorrect. However, it must be taken into account here that the EEG surcharge alone is not a valid benchmark for the cost development of renewable energies, as the surcharge also includes distorting effects such as the difference between feed-in tariffs and the electricity price on the exchange, as well as the distribution effects of exceptional circumstances such as the relief of companies . In addition, other cost factors have been introduced over the years, such as the controversially discussed market premium . The costs for network expansion, reserve power plants and energy storage are not included in the EEG surcharge. A direct comparison is therefore problematic. Another important reason was that most of the forecasts underestimated the extent of the expansion of renewable energy systems, in particular the initially relatively high subsidized photovoltaics.
Price-dampening effect on the electricity exchange ("merit order")
According to the regulations of the EEG, renewable energies enjoy priority when feeding into the power grid. This shifts the demand curve: Renewable energies reduce the demand for conventional electricity with higher marginal costs. The electricity prices on the exchange fall or remain constant despite the rise in raw material prices. This complex pricing mechanism on the electricity exchange, the so-called merit order effect, saved around 2.8 billion euros in 2010. Energy-intensive industry in particular benefited from this. According to an expert opinion from April 2012, the electricity price would have to be 2 cents / kWh lower if the suppliers had passed on the lower purchasing costs. Since the power plant park will adapt to the expansion of renewable energies in the long term and thus the overcapacities will decrease, according to other scientists this effect is controversial. At the same time, the demands on the power plant fleet are changing. Due to the volatile feed-in of the renewable energy sources, more peak and medium load power plants are implemented with new investments in order to compensate for the fluctuations in the renewable energy sources. Compared to base load power plants, these types of power plants have higher variable costs, which increase the electricity price on the exchange. Because of the uncertainty factors, it cannot be determined whether there will be a positive or negative effect in the long term.
As a result of this effect, the energy-intensive industry benefits from favorable electricity prices on the exchange compared to European competitors. A Dutch aluminum producer announced the closure of a smelter because it could no longer compete with the cheap industrial electricity in Germany. In contrast, Hydro Aluminum decided to significantly expand its production at the Grevenbroich location. In March 2014, the French industrial association Uniden demanded a price limit for nuclear power from the French government, as the electricity costs for large industrial consumers in Germany would soon be 35% lower than in France. According to the German Association of Industrial Energy and Power Industries (VIK), electricity costs for industrial customers at the beginning of 2014 were at the level of ten years earlier.
In a study commissioned by Siemens, scientists from the University of Erlangen found that electricity costs in Germany would be significantly higher without renewable energies. According to the study, German electricity consumers saved a total of 11.2 billion euros in 2013. It is true that the EEG surcharge increases the price of electricity. Renewable energies would, however, also significantly lower the price of electricity on the electricity exchange due to greater competition, so that German electricity consumers would end up being cheaper than without renewable energies.
Influence on trade balance
In 2010, renewable electricity generation avoided fossil energy imports worth approx. 2.5 billion euros; 80% of this is attributable to the EEG. In contrast, in the same year there were net imports worth 6.1 billion euros for solar cells and modules. In 2011, as in the previous year, the wind energy sector showed an export surplus of approx. 66%, which corresponds to net exports of 4 billion euros. However, it must be taken into account here that the service life of photovoltaic systems is 25 years and the service life of wind power systems assumed by manufacturers is 20 years.
Municipal rental income and rural added value
As a result of the EEG, public solar systems have been built in many places , with private individuals investing capital in these systems for up to 20 years. Citizen solar systems (or citizen power plants) are often built on municipal buildings, whereby the municipalities generate rental income for areas (building roofs) that could otherwise not be used economically.
The energy transition is primarily taking place in rural areas, as the Renewable Energy Agency points out. Around 16 billion euro have the farmers of the estimated to German Farmers' Association from 2009 to 2012 is investing in renewable energy. According to the Landwirtschaftliche Rentenbank, rural areas are already playing a key role in Germany's decentralized supply of environmentally friendly energy . The generation of electricity, fuel and heat is becoming a second mainstay for more and more farmers, providing a second source of income in the face of volatile agricultural markets. Joint projects to expand renewable energies also created partnerships between farmers and their neighbors in rural areas.
The climate policy effectiveness of the EEG is disputed by many, since an interaction mechanism with the EU emissions trading nullifies the climate protection effect of the EEG. Within the EU, CO 2 emissions are capped by EU emissions trading . Therefore, so the criticism, the CO 2 emissions reduced by the EEG would only be shifted to other places; because what some emit less, others are allowed to emit more, because the absolute upper limit of emissions remains the same. No emissions would therefore be avoided across Europe. This criticism is expressed in particular by the Advisory Council on the Assessment of Macroeconomic Development , the Scientific Advisory Board at the Federal Ministry of Economics and Technology , the Monopoly Commission , the Ifo Institute for Economic Research , the German Academy of Technical Sciences and André Schmidt from the University of Witten / Herdecke in one of the Federal Ministry A study commissioned for education and research , according to which the EEG does not provide for more climate protection, but only makes it significantly more expensive, since the EEG collides with the EU emissions trading system. The United Nations Intergovernmental Panel on Climate Change (IPCC) confirms in its Fifth Assessment Report that in an emissions trading system with a sufficiently strict cap, other measures such as subsidizing renewable energies would have no further influence on overall CO 2 emissions. On the other hand, emissions trading is not effective if the cap is too weak. Representatives of the German Renewable Energy Association also confirm that there is “a certain contradiction” between the EEG and emissions trading.
In the opinion of the German Institute for Economic Research (DIW) , the criticism of the interaction effects between the EEG and emissions trading only applies to a “purely static view”. The EEG is an extremely effective instrument for promoting electricity generation from renewable energies and promotes climate protection if emissions trading and EEG are “well coordinated”. The Federal Ministry for the Environment, Nature Conservation and Nuclear Safety also rejects criticism of the EEG. Scientists propose to adjust the CO 2 emissions trading volumes according to the EEG targets in order to avoid undesirable interaction effects.
Avoided network charges and additional network expansion costs
The decentralized feed-in reduces the variable costs for the network operator. In 2007 the consumer association complained that these cost savings were not credited to the end customer. On the other hand, the amount of wind energy and photovoltaics is distributed differently from region to region, which leads to additional investment requirements when expanding the power grid. The Federal Association of Energy and Water Management (BDEW) estimates the annual costs for expanding the power grid to accommodate renewable energies at 3.4 - 4.5 billion euros. This does not yet include the grid connection costs for offshore wind farms.
Economic growth and property rights
According to DIW , renewable energies also have a positive net effect on growth in Germany, taking into account the funding costs for renewable energies and the displacement effects in the conventional energy sector. Because the expansion triggers investments that have a positive effect on income. In addition, there are savings from reduced imports of fossil energies and increased income from the export of renewable energy systems and components. These effects clearly more than compensate for the effects of falling investments in conventional energies. The bottom line is that the net employment effects are also positive.
Since renewable energies are fed into the electricity grid with priority, while conventional power plants have to continue to operate with the same fixed costs, the operators of the existing power plants see their ownership rights being restricted. For example, the chairman of the energy supplier EWE described this circumstance as "nothing more than a creeping expropriation of conventional power plants".
Labor market effects
In addition to its ecological objectives, the EEG is also explicitly understood as a strategic industrial policy to create jobs and open up new markets and export areas. The number of employees in the renewable energy industry almost doubled between 2006 and 2008. The gross employment from renewable energies was 278,000 jobs in 2008 and 340,000 jobs in 2009. According to forecasts by the BMU, over 400,000 people in Germany will be employed in the renewable energies sector in 2020. Renewable energies are distributed decentrally and are therefore more labor-intensive and therefore more expensive than large central power plants, which is why they create far more jobs and generate higher prices than conventional energy production with the same production volume. In the opinion of the renewable energy sector, the EEG is an effective instrument for promoting medium-sized companies.
However, this must be compared with the possible loss of jobs in the conventional energies sector due to competition from primarily green electricity fed in, as well as in parts of the rest of the economy due to the increased electricity costs. However, under certain conditions, companies in the manufacturing sector can apply for exemptions from the EEG surcharge, which is why they only incur relatively low additional costs. In 2013, around 2,000 companies with a total of 300,000 to 400,000 employees did so. Together these companies represent 0.1% of all companies in Germany and employ around 1% of all employees. Larger companies that buy their electricity directly on the exchange also benefit from significantly lower electricity prices on the exchange.
Feed-in quantities and remuneration payments
The development of the EEG can be traced right from the start with the annual accounts submitted by the four German transmission system operators (TSOs) that are entrusted with the marketing of EEG electricity. This documents the annual EEG electricity volumes generated, the remuneration paid to the operator and the respective EEG surcharge (see the following tables). The average payment for EEG electricity from the various renewable energy sources results from the EEG electricity volume and the payments made for it.
|Energy source||2000 (1)||2001||2002||2003||2004||2005||2006||2007||2008||2009||2010||2011||2012||2013||2014||2015||2016||2017||Distribution
(1) Short year April 1 to December 31, 2000
(2) including personal use
Since the introduction of the EEG in 2000, the amount of electricity from renewable energy sources has increased more than 13 times from approx. 10,000 GWh / a increased to 136,000 GWh / a in 2014 (as of July 2015). Until 2010, the so-called EEG quota was specified, which characterizes the share of EEG-funded electricity in the non-privileged final consumption of electricity. In 2010 it was 20%.
for energy from:
|2000 (1)||2001||2002||2003||2004||2005||2006||2007||2008||2009||2010||2011||2012 (2)||2013||2014||2015||2016||2017||Distribution 2017 (%)|
(1) Short year April 1 to December 31, 2000
(2) From 2012 including market and flexibility bonus
for energy from:
The average remuneration for EEG electricity has increased since 2000 from 8.5 ct / kWh to 17.9 ct / kWh in 2011. In the early years up to 2004 it rose by an average of only around 2.5% per year, in the four following years up to 2008 by around 7% per year, from 2009 to 2011, however, by a good 13% each time, so that over the entire Period results in an average of around 7% per year. The average remuneration for the individual energy sources in 2011 ranged from 2 ct / kWh for “gas”, 4.8 ct / kWh for “water” and 8.6 ct / kWh for “onshore wind” to 15 ct / kWh for “offshore wind” ", 16 ct / kWh for" biomass "and 20.7 ct / kWh for" geothermal "to 40.2 ct / kWh for" solar ". The average remuneration for solar EEG electricity has declined significantly in recent years after the high in 2005 of 53 ct / kWh.
With the EEG, the four German transmission system operators (TSOs) have also been given the obligation to produce forecasts. In addition to the annual advance forecast for the EEG surcharge, medium-term forecasts are made over a period of five years.
The average feed-in tariff for systems that went online in 2013 was 12.5 cents (compared to 25 cents in 2010).
Assessment and prospects
The EEG is considered the world's most successful instrument for promoting renewable energies , especially among environmental associations such as BUND and Greenpeace , industry representatives such as the Federal Association for Renewable Energy and the Federal Environment Ministry . A study by the German Energy Agency (dena) on behalf of the Federal Association of German Industry (BDI) , which was published in 2013, recommends retaining the EEG, but proposes a systematic reform.
The German Institute for Economic Research (DIW) , the EU Commission , the International Energy Agency (IEA) and the energy company EnBW praised the EEG as being highly effective and economically efficient.
The economic incentives set by the EEG led to the establishment of a large number of community energy cooperatives (at the end of 2013 there were 888).
In its 2013 country report on German energy policy, the International Energy Agency (IEA) judged that the EEG had “proven to be a very effective instrument for the dissemination of renewable energies and, in particular, electricity generation from biomass, wind energy and photovoltaics. In addition, it has proven to be successful in reducing costs, as shown in particular by the reduction in feed-in tariffs for solar power, which has come about in response to the rapid expansion of this technology over the past four years. "
The principles of the EEG had been adopted by at least 65 countries worldwide by the beginning of 2012. For example, the success of renewable energies in Spain is based on a minimum price system similar to that in Germany. After the nuclear power plant accident in Fukushima in 2011 , Japan and China also introduced fixed feed-in tariffs and priority regulations that are closely based on the German EEG. The EEG also enjoys great support among the German population. In 2012, four out of five citizens voted in favor of maintaining the EEG in a survey commissioned by the Renewable Energy Agency; 20% want to keep it as it is now, 60% think a revision of the EEG is necessary. Following the German example, a corresponding law was also passed in France in July 2015.
Many critics deny that the EEG is beneficial for climate protection. Rather, it only makes climate protection unnecessarily expensive (see the explanations in the section on climate protection ).
It was also criticized that the principle of basic remuneration generated electricity regardless of demand and the resulting market price. Only since 2012 has a needs-based component been added to the basic remuneration through the flexibility bonus.
In two reports from 2004 and 2012, the scientific advisory board at the Federal Ministry for Economic Affairs and Energy critically assessed the industrial policy motivation of the EEG, since the privileging of certain technologies restricts the freedom of choice of market partners and thus leads to inefficient and uneconomical allocation effects. Photovoltaics cause 55% of the funding costs, but only provide 20% of the electricity generated by renewable energies. The goal of climate protection is not convincing, as this can be achieved more efficiently by modernizing the conventional power plant park and by means of the so-called mechanism for environmentally compatible development .
The expert commission for research and innovation set up by the German Bundestag advised in its 2014 annual report to abolish the EEG completely, as the EEG is neither a cost-efficient instrument for climate protection nor has a measurable innovation effect. This assessment was then partially rejected as incorrect by the Fraunhofer Institute for Systems and Innovation Research , although a need for changes to the EEG was recognized.
The New Social Market Economy Initiative , a public affairs agency supported by the metal and electrical industry, warned of a cost explosion, especially for private households and small and medium-sized companies. As a counter-model, she proposed a quota model that should reduce the costs of the energy transition by 52 billion euros over the next eight years. The chairman of the council of experts for assessing macroeconomic development , Christoph M. Schmidt , also advocated a quota model. However, his council colleague Peter Bofinger came to a different assessment in a 2013 study.
In the opinion of legal experts, “the set of rules has become so differentiated” and complex that the comments that have been customary up to now are no longer sufficient. A large number of EEG ordinances are therefore now grouped under the heading "EEG II".
The quota model and the tendering model were discussed as competing systems for the minimum price system of the EEG . In the quota model, the state sets a quota of renewable energies that must be produced by the energy suppliers. In order to check compliance with the obligation, certificates are then issued for renewable electricity that can be traded between the energy suppliers. In the tendering model, on the other hand, a certain amount of renewable electricity is tendered, with the winner of the tender receiving a limited purchase guarantee. Both approaches are regarded as mechanisms of quantity control, since the subsidy is geared towards a certain additional construction volume and the quantity is not indirectly controlled by the price, as is the case with minimum price systems. The conversion of the Renewable Energy Sources Act to volume control is advocated by various experts and scientists. First and foremost, this included the Monopoly Commission and the economic practices . Proponents of the alternative models usually refer to the higher cost efficiency due to the more targeted and mostly technology-neutral control of the installation volume. In this way, deadweight effects would be avoided if, for example, the costs for a technology fall and the increasing profit margin (difference between unit costs and fixed EEG feed-in tariff) for producers of renewable electricity results in a very expensive expansion at the expense of energy consumers.
In fact, the advantages of quota and tendering models compared to the EEG minimum price system (feed-in tariff) are politically controversial. Other experts and manufacturers of subsidized production systems or their associations criticize both quota and tendering models and regularly emphasize the advantages of EEG subsidies through minimum prices. They argue that according to a study by the Massachusetts Institute of Technology (MIT), both approaches have proven to be less effective and less competitive than minimum price systems. In countries with such systems there is usually no manufacturing industry of their own due to a lack of investment security, and the costs for expanding renewable energies are high because the increased investment risk is factored into the prices (e.g. Great Britain, Italy). Individual countries such as Ireland or Great Britain have now switched to minimum price systems or are using them in addition. With regard to the British example, the Monopolies Commission shows in its special energy report that the new British subsidy system differs considerably from the German minimum price system and also contains elements of quantity control.
The Federal Association for Renewable Energy , which represents the interests of the industry, has meanwhile assessed quota models as "backward-looking", "anti-SME", "expensive" and "unusable". An expert opinion by the University of Würzburg under the leadership of the economic expert Peter Bofinger from September 2013 also came to the conclusion that quota models in Germany involve too great a risk for investors. He advocates an EEG extended by an auction mechanism (tendering model). Meanwhile, tenders are also criticized, the theoretically higher cost efficiency of which could possibly be thwarted by significantly higher transaction and financing costs. As a result, this could even result in higher costs for achieving the expansion targets.
Critics of the alternative systems argue that an empirical comparison of the subsidy systems in the EU also indicates that in countries with feed-in tariffs, renewable electricity generation is cheaper and more effective than using quotas or tenders. In countries with feed-in tariffs such as Germany, Spain, France or Portugal, for example, the costs for onshore wind power are much lower than in countries with quota regulations such as Great Britain, Poland, Belgium or Italy. However, this is always compared with the technology that receives the lowest feed-in tariff in the EEG. Critics of tendering models also argue that foreign experience has shown that these do not have to lead to reliable additional construction quantities. The problems with actually existing tendering systems have already led in some countries to tendering systems being abolished again. According to a survey by EuPD Research among the beneficiaries of the EEG funding, almost three quarters of the renewable energy companies surveyed see feed-in tariffs as a suitable instrument for climate protection, market launch and technology development for electricity generation from renewable energies. Quota systems, on the other hand, only made sense for two percent of companies. Calculations by the consulting firm Ernst & Young and the University of Cambridge have unanimously determined that fixed feed-in tariffs are superior to both quota models and bonus systems in terms of cost efficiency, applicability and diversity of actors.
After moving away from pure feed-in tariffs in 2004, Denmark successfully established a premium model for onshore wind power. The plant operator receives a premium of 3.66 ct that does not cover costs and has to market the electricity himself. Despite these conditions, which are considerably worse than in Germany, Denmark achieved a renewable electricity share of 30% in 2012, the costs for the end consumer amount to 2.07 ct (PSO-Public Service Obligation, in the the high proportion of cogeneration in Denmark is also covered).
In a specialist article in the journal for environmental policy & environmental law , it says on the EEG reform in Germany in 2017: "Even when commissioning from May 1st, 2017, the average location-specific remuneration rates within the tenders are higher than the average remuneration for those not subject to tendering Wind turbines during the transition period. ”It goes on:“ Overall, there is much to suggest that the ecological accuracy of the new EEG 2017 is actually higher. ”
The Federal Ministry of Economics under Sigmar Gabriel announced further steps shortly after the EEG reform in 2014. The next EEG amendment should already be in place in 2016 [out of date] in order to enable technology-specific tenders for RE systems. In 2014, a regulation for a political project for the tender for ground-mounted PV systems is to be passed. According to plans by the Federal Ministry of Economics, capacity markets, i. H. state funding for power plant capacities, as required by the energy industry, will not be established in the foreseeable future. Due to the large overcapacities, these are not necessary for security of supply. Instead, they would lead to considerable additional costs. The Federal Association for Renewable Energy also rejects the introduction of capacity markets. Experts fear that tenders are not suitable for achieving cost efficiency, expansion targets and a variety of stakeholders, and recommend that tendering procedures pay particular attention to small and medium-sized market players and that the effects are evaluated before it is expanded to other renewable energies.
The Federal Ministry of Economics has published several reports on the security of supply and the functionality of the electricity market. They come to the conclusion that there is still some optimization potential in the current market design in order to develop existing flexibility potential and to reduce false incentives with regard to the integration of renewable energies and climate protection. Only then should a decision be made about the capacity markets required by parts of the energy industry . From the current point of view, capacity mechanisms are not required for a secure power supply. Rather, they lead to considerable additional costs for electricity consumers and are associated with high regulatory risks.
A number of state governments, companies, associations and think tanks have presented proposals for reforming the EEG and the entire electricity market design. The “Renewable Energies Research Radar” published a meta-analysis in which the numerous reform proposals are compared with one another. For example, the state government of Baden-Wuerttemberg in red and green has had eight possible funding systems for renewable energies examined and compared. The red-green Lower Saxony has also presented specific options for further development of the EEG. The Agora Energiewende think tank introduced its own proposal to the debate. The Advisory Council for Environmental Issues (SRU) has also given impetus for the further development of the EEG in its recommendation to the new federal government “Shaping the electricity market of the future”. In addition, the Federal Association of Energy and Water Management , with its proposal 'The path to new market structures for the success of the energy transition' for a new electricity market design, thought about the improved interaction between renewable and conventional power plants. The Federal Government's Sustainability Council calls for the EEG to be converted into an energy fund.
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- Wolf von Fabeck: Historical information on the cost-covering remuneration up to its inclusion in the EEG of August 1, 2004 with transparencies on the Aachen model. www.sfv.de, July 20, 2014, accessed on September 5, 2015 : “Aachen model: The principle: cost-covering feed-in tariff differs from all funding programs known up to 1989. What was new was that not the construction of a solar system is supported by grants, but the feeding of solar power into the public grid is remunerated by the electricity supply company. Operators of solar systems not only receive a high feed-in tariff for their solar power - this had already existed in the past, e.g. B. in the Swiss Burgdorf and Steffisburg - but they receive an economically fully cost-covering remuneration, which also includes the capital procurement costs and a reasonable profit (as it was granted to the electricity industry by the state electricity price regulators). The remuneration is contractually guaranteed for a period of 20 years. The remuneration is not based on the individual costs of a solar system, but rather the costs of a technically optimized solar system of the same construction year with rational management of the electricity economy. Individual additional or reduced costs affect the operator alone. They are part of business risk. It is not tax revenues that are used for counter-financing, but the electricity charges. The electricity charges are not only increased for individual electricity customers based on a voluntary decision, but are equally binding for all customers. Only when all of these prerequisites come together do we speak of cost-covering remuneration, in English: "full cost rates" or, more precisely, "cost covering feed-in tariff". . . . Federal law for KV: By then, more than 40 municipalities in Germany had decided on the cost-covering feed-in tariff, including cities such as Nuremberg and Bonn. A 40-fold experiment showed that the increase in PV systems under the cost-covering remuneration reached an unprecedented rate. Based on these positive results, the solar energy support association called for a federal law that should make the introduction of KV possible within the federal framework. The solar energy support association was of the opinion that cost-covering remuneration for solar systems should become binding nationwide through a supplementary law to the Electricity Feed Act. This demand was taken up by many environmental groups, by Hans-Josef Fell from the Greens and Hermann Scheer (SPD). "
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- Changes to the EEG on January 1, 2012
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- Changes to the EEG on April 1, 2012
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- Gabriel wants to shut down green electricity subsidies, SZ from January 18, 2014
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- Bundestag: Bundestag approves reform of the EEG. June 27, 2014 ; Renewable Energy Agency: Bundestag votes for EEG reform. June 30, 2014
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- German taxpayer Institute: steuerzahlerinstitut.de (PDF) Retrieved on April 2, 2014
- solarserver.de ( Memento from February 21, 2014 in the Internet Archive ) With the model for electricity trading developed by Christian Meyer Energy Consulting, it is (...) possible to actually reduce the EEG surcharge by a third. and In order to lower the EEG surcharge and to distribute the funding costs of electricity generation from renewable energies and their benefits more fairly, the alliance proposes to abolish the current statutory forced marketing of EEG electricity at the lowest prices on the spot market of the electricity exchange. Instead, the EEG electricity should be allocated to the electricity traders at the same time. The electricity should be valued at the higher futures market price (new electricity market design). This would increase the revenues for EEG electricity sharply and the EEG surcharge would be significantly reduced. At the same time, the excessive exemption of electricity-intensive industry and other electricity users from the EEG surcharge, which the EU has attacked, could also be dispensed with. "With these two measures, the EEG surcharge can fall by around a third this year, that is, by over 2 cents per kilowatt hour," says the Freiburg appeal. Retrieved February 18, 2014
- Wolf von Fabeck : Errors in determining the EEG surcharge prevent the energy transition. (PDF) Without priority in electricity trading, renewables cannot be implemented - the market value of renewable electricity cannot be determined. www.sfv.de, June 22, 2016, accessed on July 17, 2016 : "The operators of the coal-fired power plants commit themselves on the futures market to standardized" tape delivery "of electricity" base load "or" peak load "to interested parties over months in advance Major customers. These in turn undertake to pay a negotiated fixed price, which we will refer to here as the "coal electricity price". The contracts are binding. The coal-fired power plant operators are, however, free to stock up on days with a lot of wind and sun on the spot market with cheap renewable electricity and to supply this cheaply purchased renewable electricity at the agreed higher price for electricity. Meanwhile, they are shutting down their own coal-fired power plants and saving fuel costs. A good business! However, the RE electricity operators who generated the electricity that is supplied instead of the coal electricity only receive the low spot market price, which can even drop to zero or below. Money that should actually be due to them, the renewable electricity producers, flows into the pockets of the coal-fired power plant operators. "
- faz.net Electricity on the exchange cheaper than it has been for years, see graphic: “Electricity price development on the EEX exchange since 2002”, accessed on February 18, 2014
- Bloomberg New Energy Finance OK, so I am no Vladimir Nabokov. But this is an example of a phenomenon I have written about before in this column - phase change, the idea that when important transitions happen in complex systems, initially little on the surface appears to alter, and then suddenly the change is obvious for the eye to see. I believe that the energy system is on the cusp of such a transformation, and that 2014 is when it is about to become obvious to a whole lot more people. Many of the signs have been building up in the past few years - the way the costs of solar and wind power have closed in on those for conventional power, even beginning to undercut them without subsidies in many parts of the world; the way grids have become capable of integrating much higher percentages of renewable electricity than previously possible; the way renewable energy with no marginal cost of production has disrupted the clearing prices of electricity markets; the way utilities are finally realizing that this poses an existential threat to their business model; the way consumers have enthusiastically adopted new energy technologies when embodied in cool products like the Nest thermostat and the Tesla Model S; the way investors have started to become concerned about stranded fossil fuel assets. These are all tipping points - once passed, it is impossible to go back. January 29, 2014
- iwr.de In the first half of 2013 alone, the average electricity price in "day-ahead trading" on the electricity exchange, where EEG electricity is almost exclusively marketed, was 0.54 cents in the previous year to 3.75 cents per kilowatt hour ( 1st half of 2012: 4.29 cents / kWh) decreased (unweighted mean monthly prices). Retrieved February 18, 2014
- pv-magazine.de Renewables also lower electricity prices on the Derivatives Market and According to the German Renewable Energy Association (BEE), the price for base load electricity on the Derivatives Market for 2014 is 3.661 cents per kilowatt hour (as of July 31, 2013). That is around 24 percent less than in the previous year. So far, only companies that buy their electricity on the short-term spot market have benefited from falling electricity prices, explains BEE President Dietmar Schütz. Now the price-reducing effect of renewables has also arrived on the market for long-term energy supply contracts, the futures market. Retrieved February 18, 2014
- solarserver.de ( Memento from February 25, 2014 in the Internet Archive ) Greenpeace Energy criticizes distorted prices on the electricity market: Renewable energies are systematically disadvantaged . Retrieved February 19, 2014
- pv-magazine.de From the perspective of the green electricity provider, renewable energies are systematically disadvantaged in the electricity market. Retrieved February 19, 2014
- Source: Federal Network Agency, BDEW from VDI nachrichten October 19, 2012, No. 42, Technik & Gesellschaft, p. 4
Liquidity reserve: for fluctuations in green electricity
generation, catch-up: compensation of forecast errors
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- Handelsblatt: The tricks of the energy companies
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- BMU : Electricity from biomass must be generated sustainably
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- Peter Salje: Renewable Energy Law . Comment. 5th edition 2009, Cologne and Munich, Carl-Heyermanns-Verlag, ISBN 978-3-452-26935-5 , § 29 marginal number 21
- Peter Salje: Renewable Energy Law . Comment. 5th edition 2009, Cologne and Munich, Carl-Heyermanns-Verlag, ISBN 978-3-452-26935-5 , § 29 marginal number 30
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- solarwirtschaft.de ( Memento of the original from June 28, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF) Expansion target (2012–2014) was 2500–3500 GWp annually, see # Photovoltaik-Novelle (June 2012)
- KfW conditions , accessed on October 29, 2012
- Minimum remuneration rates according to the new Renewable Energy Sources Act (EEG) of July 21, 2004 Publication by the BMU with the rates planned until 2013 ( Memento of September 29, 2007 in the Internet Archive ) (PDF; 1.3 MB)
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- Reduction of solar subsidies finally decided
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- Survey Emnid acceptance of the EEG ( memento of the original from April 8, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (PDF; 26 kB)
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- 340,000 jobs through renewable energies
- Alliance for Work and Environment: Example Renewable Energies
- BEE press release
- Difficult times for employees in the energy sector
- DIHK sees jobs at risk from high electricity prices
- Retail: High electricity prices put jobs at risk
- Background information on the special equalization scheme (PDF; 321 kB). Bafa website, accessed on October 16, 2013
- EEG / KWK-G (information platform of the four German transmission system operators ): EEG annual accounts
- Renewable energies in numbers . ( Memento of March 8, 2014 in the Internet Archive ) (PDF).
- Experience report 2011 on the Renewable Energy Sources Act (EEG experience report) . ( Memento of March 6, 2012 in the Internet Archive ) (PDF) BMU, status: May 2011, accessed on March 4, 2012.
- EnKLiP study, PDF, 2014 (PDF).
- Zeit -Artikel Grüner Strom - Europe must remain a pioneer from February 4, 2011, accessed on June 7, 2019
- Fixed feed-in tariffs for renewable energies prevail worldwide, press release BEE, August 30, 2011
- Article on Solarserver.de from July 7, 2007 "German EEG has 47 imitators worldwide - When will Austria come?" ( Memento from June 26, 2009 in the Internet Archive )
- Greenpeace publication of June 17, 2003 "EEG: Success story must go on" ( Memento of November 11, 2010 in the Internet Archive )
- Federal Association for Renewable Energy and Greenpeace Energy : Compass Study Market Design - Central Ideas for a Design of an Electricity System with a High Share of Fluctuating Renewable Energies (2012)
- BUND press release 'CDU / CSU and FDP must continue to promote renewable energies by law' from January 24, 2012, accessed on June 7, 2019
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- EnBW position paper ( Memento from January 3, 2013 in the Internet Archive )
- Growth trend of the energy cooperatives unbroken
- On the status of energy cooperatives in Germany - A statistical overview as of December 31, 2012 (PDF; 109 kB). In: Working Paper Series Economy & Law , April 1, 2013. Accessed July 31, 2013.
- IEA: Energy Policy of the IEA Countries - Germany. 2013 ( Memento from September 14, 2013 in the Internet Archive ) (PDF; 724 kB)
- REN21 : Renewables Global Status Report 2012 , pp. 14, 17, 66f., 70–72, 118f., Accessed on April 1, 2013
- tagesschau.de ( Memento from July 23, 2015 in the Internet Archive )
- Statement of the Scientific Advisory Board at the Federal Ministry of Economics and Technology from February 2012, Paths to an Effective Climate Policy ( Memento from April 25, 2012 in the Internet Archive ) (PDF; 574 kB); last accessed in April 2012
- Government want to abolish EEG , FAZ, February 25, 2014
- Effect of the EEG - what is the empirical evidence? ( Memento from May 19, 2014 in the Internet Archive )
- Campaign homepage of the INSM ; Press release : Study sees cost advantage in the quota model , stromtip.de, August 27, 2012
- Campact's campaign homepage in response to the INSM campaign ; Climate lie detector for the INSM campaign
- Interview in Manager Magazin: Germany needs external pressure for the energy transition
- High cost risk for consumers , press release of the Baden-Württemberg state government
- Journal for Environmental Law, March 2017, page 189, book review on Frenz (Ed.) : EEG II - Annexes and Ordinances - Commentary, Erich Schmidt Verlag 2016
- Special Energy Report of the Monopolies Commission, Chapter 3.3.5 (PDF).
- Chapter four from the annual report of the German Advisory Council on the assessment of macroeconomic development 2011/2012 (PDF).
- Lucy Butler, Karsten Neuhoff: Comparison of Feed in Tariff, Quota and Auction Mechanisms to Support Wind Power Development . Cambridge Working Papers on Economics CWPE 0503, 2004
- Renewable energies as the enemy . In: tagesspiegel.de , February 2, 2012, accessed on March 14, 2012
- BEE press release, August 2012
- BEE: BEE Managing Director Falk: Quota models are anti-competitive, expensive and useless for a real energy transition , report dated September 5, 2013
- Promotion of fluctuating renewable energies: is there a third way? Expert opinion by Peter Bofinger, University of Würzburg on behalf of the Baden-Württemberg Foundation , September 2013 spiegel.de (PDF; 1.9 MB)
- Tenders do not make the energy transition cheaper , Handelsblatt, May 20, 2014
- Feed-in tariffs are proving themselves in Germany and other EU countries , press release Agency for Renewable Energy, June 27, 2012
- Background paper “Renews Compact: Successful expansion of renewable energies thanks to feed-in tariffs”, June 2012 (PDF).
- Denmark - RES Integration Final National Report, December 21, 2011, Öko-Institut (PDF; 911 kB)
- Report Danish Energy Association, p. 3 (PDF).
- Sonja Peterson and Alexander Roltsch: feed-in tariffs vs. Tenders - Opportunities and Risks of the EEG Reform 2017 , ZfU 1/2018, pages 73–97
- BMWi: Central energy project for the 18th legislative period (10-point energy agenda of the BMWi) (PDF).
- Strategic reserve vs. Capacity market , Renewable Energy Agency, August 28, 2014
- IZES: Evaluation of tendering procedures as a financing model for renewable energy systems
- Spiegel Online: Expert opinion for the government: Experts warn Gabriel about capacity market. 17th July 2014
- Research Radar Renewable Energies: Study comparison: Financing instruments for electricity from renewable energies. 2014 (PDF).
- system design: The EEG 2.0 and cornerstone of a future Renewable Economy Act ( Memento of January 6, 2014 in the Internet Archive ) (PDF).
- Agora proposes EEG 2.0 with subsequent market design ( memento from December 19, 2013 in the Internet Archive )
- SRU: 'Shaping the electricity market of the future' ( Memento from January 6, 2014 in the Internet Archive )
- BDEW position paper on electricity market design ( Memento from January 6, 2014 in the Internet Archive )
- Sustainability Council deepens concept for fund financing for the energy transition