Regulation on the implementation of the Regulation on the EEG-compensation mechanism (compensatory mechanism-Implementing Regulation-AusglMechAV)

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AusglMechAV

Date of completion: 22.02.2010

Full quote:

" Compensatory mechanism implementing regulation of 22 February 2010 (BGBl. 134), as last amended by Article 2 of the Regulation of 17 February 2015 (BGBl I). 146) has been amended "

Status:

Last amended by Art. 2 V v. 17.2.2015 I 146

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 27.2.2010 + + +)   

  

Title: IdF Art. 2 Nr. 1 V v. 17.2.2015 I 146 mWv 20.2.2015 Unofficial table of contents

Input formula

Pursuant to Section 64 (3) (7) of the Renewable Energy Act of 25 June 2003, the German Renewable Energy Act (renewables) October 2008 (BGBl. 2074), in conjunction with Section 11 (1) to (3) of the Regulation on the development of the nationwide compensation mechanism of 17 July 2009 (BGBl. 2101), the Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways is in agreement with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, and the Federal Ministry of Economics and Technology: Unofficial table of contents

§ 1 Marketing on spot markets

(1) On the one-day spot market of a power exchange, a market-linked auction with hourly trading products for each hour of the following day is the hourly feed-in of the hourly supply according to § 19 (1) (2) of the Renewable energy law to be used in full to sell off electricity. Sales offers according to the first sentence shall be adjusted independently of the price. (2) Differences between the quarterly feed-in and the hourly feed to be marketed in accordance with the current forecast can be made on the spot market a power exchange for every quarter of an hour of the following day via auctions with quarterly trading products, or sold. Bids according to the first sentence can be adjusted in price. (3) Differences between the quarterly feed-in and the current quantities already sold and acquired according to updated forecasts are above the lower-day to purchase or sell continuous trading on the spot market of a power exchange. With the completion of the last trading opportunities according to the first sentence, the differences according to the first sentence must be fully balanced. (4) The forecasts of the electricity to be paid under Article 19 (1) (2) of the Renewable Energy Sources Act shall be according to the state of the art. of science and technology. (5) Joint marketing in accordance with Article 2 (1) sentence 1 of the Compensatory Mechanism Regulation shall include the possibility of marketing activities to another transmission system operator within the framework of a Service relationship to be transferred. Unofficial table of contents

§ 2 Transparency of marketing activities

The transmission system operators are obliged to provide the following data, in addition to the data provided for in Annex 1 (3) of the Renewable Energy Act, to a common Internet site in a non-personal form. publish:

1.

the supply, expressed in accordance with Article 1 (1), of wind energy, solar radiation energy and other, at least hourly resolution, broken down by technology groups; it shall be published no later than 6 p.m. of the same day;

2.

the monthly feed-in, expressed in accordance with Article 1 (1), broken down according to the technology groups of wind energy on land, wind energy at sea, solar radiation energy, biomass and others; it shall be for each calendar month up to the end of the tenth publish weekdays of the following month;

3.

the quantities of electricity sold and acquired in accordance with Article 1 (2) are broken down by trading venues in a quarterly resolution; they shall be published no later than 6 p.m. of the same day;

4.

the quantities of electricity sold and acquired in accordance with Article 1 (3) shall be published in a quarterly resolution; they shall be published no later than the following day until 6 p.m.;

5.

the difference between the total quantities of electricity to be divested in accordance with the latest forecast available before the trading closure and the total quantities of electricity sold and purchased in accordance with Article 1 (1) to (3); it shall be a quarter-hour Publish the resolution no later than the following day until 6 p.m.;

6.

the balancing energy used for the compensation of the EEG balance sheet in quarterly resolution; it must be published immediately after presentation of the balance sheet settlement;

7.

the information referred to in section 72 (1) (1) (c) of the Renewable Energy Act; they shall be published for each calendar month until the end of the tenth working day of the following month.

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Section 3 Transparency of revenue and expenditure

(1) Transmission system operators shall each have the monthly and calendar annual revenue and expenditure broken down according to the individual revenue and expenditure listed in § 3 of the Compensation Mechanism Regulation and in Article 6 of this Regulation; and Publish expenditure items on a common website in a uniform format and in a non-personal form. Revenue and expenditure resulting from the marketing of the electricity shall be broken down according to the spot market products according to § 1 on which the electricity has been marketed. In addition, the liquidity reserve is to be shown separately in accordance with Article 3 (8) of the Ordinance on Compensation. (2) The monthly revenue and expenditure per month are in the form of the actual revenue and expenditure according to the last month's The day of the month is to publish the current account balance for each calendar month until the end of the tenth working day of the following month. A publication of the aggregate values of a number of transmission system operators shall be permitted. (3) The individual revenue and expenditure positions referred to in paragraph 1 shall be explained in an abstract manner. Where special effects have arisen which have a significant impact on revenue or expenditure, they should be explained in concrete terms. Unofficial table of contents

§ 4 Obligations of notification

(1) The transmission system operators shall each have the revenue and expenditure of the previous year broken down by the Federal Network Agency in accordance with the individual revenue and expenditure positions listed in § 3 of the Compensation Mechanism Regulation and in § 6. (3) The transmission system operators shall be obliged, at the request of the Federal Network Agency, but in any case until 31 March of a calendar year, to pay the prices and quantities of the stock exchange for every quarter of the previous year. (4) The supply of electricity or electricity to be sold or sold. Transmission system operators shall be obliged to transmit electronically the data to be communicated in accordance with paragraphs 1 and 3, including the data necessary for their verification. As far as the Federal Network Agency provides form templates, they are obliged to submit the data in this form. The information must enable a knowledgeable third party to fully understand the investigation without further information. Unofficial table of contents

§ 5 Separate accounts and accounting as well as the management of separate bank accounts

(1) Transmission system operators shall each be obliged to carry out a separate bank account for the purposes of the Compensatory Mechanism Regulation and for the tasks set out in this Regulation. All proceeds and expenses in accordance with § 3 of the Compensation Mechanism Ordinance and § 6 of this Regulation are to be processed via this bank account. The revenue and expenditure referred to in the second sentence, which shall be incurred up to the establishment of the separate bank account, shall be transferred to the account immediately after the establishment. (2) The revenue and expenditure according to § 3 of the The compensatory mechanism regulation and Article 6 of this Regulation shall be clearly demarcted by the other activities of the transmission system operator. A separate accounting and accounting system shall be established for this purpose. These must enable the revenue and expenditure referred to in Article 3 of the Balancing Mechanism Regulation and Article 6 of this Regulation, which are non-cash costs, to be deducted in a comprehensible manner. Non-cash costs include, in particular, depreciation and amortisation of information technology infrastructure and pensions for pension provisions. (3) The statements of account and the data of the separate accounts and accounting are the Federal Network Agency shall be submitted on request. Section 4 (4) shall apply accordingly. Unofficial table of contents

§ 6 Revenue and expenditure in the sense of the EEG-Reposition

(1) The following positions shall also be deemed to be expenditure within the meaning of Article 3 (4) of the Balancing Mechanism Regulation, in so far as they are necessary for the performance of the tasks according to the Balancing Mechanism Regulation and this Regulation:

1.

the necessary costs for the admission of the stock exchange and the binding of the trade,

2.

necessary costs of the transactions for the collection of the actual values, invoicing and the horizontal load balancing,

3.

necessary costs for the IT infrastructure, the staff and services,

4.

the necessary costs for the determination of the EEG-transfer in accordance with § 3 (1) of the Ordinance on the compensation mechanism, for the preparation of the forecasts according to § 5 of the Ordinance on Compensation and for the preparation of the EEG-foresight pursuant to § 6 of the Equalisation Mechanism Regulation,

5.

necessary payments of interest for the financing of difference amounts within the meaning of Article 3 (5), first sentence, of the Ordinance on the compensation mechanism, in so far as the target interest rate actually incurred is the same as in § 3 (5), second sentence, of the Ordinance on the Compensation of Compensatory Mechanics the proposed interest rate,

6.

the necessary costs for differences between the yields to be applied in accordance with the second sentence of Article 3 (5) of the Compensatory Mechanism Regulation and the income actually incurred from having received interest,

7.

necessary payments for the provision of credit lines for the financing of differential amounts within the meaning of Article 3 (5), first sentence, of the Ordinance on the Compensation of Compensatory measures,

8.

Bonus payments in accordance with § 7 (5) to (7).

(1a) (omitted) (2) Before the expenditure referred to in paragraph 1 (5), (6) and (7) is applied in the determination of the EEG transfer, the Bundesnetzagentur shall be required in good time to demonstrate the accuracy and necessity of these positions. Section 4 (4) shall apply accordingly. The obligation to provide evidence shall include, in particular, the transmission of the contracts underlying the expenditure, including all information essential to the economic assessment. The key figures include, in particular, the credit line, the interest rate level, the terms of the provision commission, the scope, the duration, the times and the amount of use, dismissal arrangements and collateral. It is to be ensured and to prove that the contracts asserted are used exclusively for the interest and financing of difference amounts in accordance with the first sentence of § 3 (5) of the Ordinance on the Compensation of Compensatory measures. At the request of the Federal Network Agency, the transmission system operator shall demonstrate its other contractual relations, which are used for interest or financing, including the information essential to the economic assessment, and which shall: (3) As revenue and expenditure within the meaning of § 3 (3) and (4) of the Compensatory Mechanism Regulation, the difference between the EEG transfer in the amount collected and the permissible level shall also apply. The difference amounts shall be galvanised as from the date of their collection in accordance with § 3 (5) of the Ordinance on Compensation. These interest rates shall also be deemed to be revenue and expenditure within the meaning of Article 3 (3) and (4) of the Ordinance on Compensation. In so far as the decision of the Federal Network Agency provides for another remedy, the sentences 1 and 2 shall not apply. In so far as the decision of the Federal Network Agency is subsequently amended or repealed, the rates 1 to 3 shall apply to the corresponding amounts of difference between the EEG transfer in the amount collected and the final decision after the final decision has been taken significant amount. (4) (omitted) Unofficial table of contents

§ 7 incentives for the best possible marketing

(1) In order to provide incentives to market the electricity paid in accordance with Section 19 (1) (2) of the Renewable Energy Sources Act as best possible, the specific influenceable difference costs of a (2) Differenceable difference costs consist of a component that reflects the activities on a subday spot market and a component which makes use of the Balancing energy. The determination of the influenceable difference costs per quarter of an hour is carried out by:

1.

in the case of subordinated procurement, the quantity procured (KUT) shall be multiplied by the difference between the price actually paid (PUT) and the price of the day-to-day trading (PVT),

2.

in the case of a subordinated sale, the quantity sold or delivered (VKUT) is multiplied by the difference between the price of the day-to-day trading (PVT) and the price actually paid (PUT),

3.

in the case of positive balancing energy, the amount (KAE) is multiplied by the difference between the price actually paid (PAE) and the price of the day-to-day trade (PVT) per quarter of an hour, or

4.

in the case of a negative (supplied) balancing energy, the quantity delivered (VKAE) is multiplied by the difference between the price of the day-to-day trading (PVT) and the price actually paid (PAE).

The price of the day-to-day trading (PVT) is the market-clearing price of the respective hour of the Day-Ahead auction on the European Power Exchange. As activities on a underground spot market, the trading activities in accordance with § 1 (2) and (3) apply to the determination of the influenceable differential costs. The difference costs per quarter of an hour can be determined according to the following formula: KUT ∙ (PUT-PVT) + VKUT ∙ (PVT-PUT) + KAE ∙ (PAE-PVT) + VKAE ∙ (PVT-PAE). (3) For the determination of the specific, influenceable differential costs of a The transmission system operator referred to in paragraph 1 shall be the sum of the quarter-hourly values of a calendar year, as determined in accordance with paragraph 2, by the quantity to be placed on the market within that period pursuant to Article 19 (1) (2) of the Renewable energy law remunerated electricity to divide. The quantity to be marketed shall be understood to mean the amount of electricity remaining after implementation of the immediate horizontal load balancing of a transmission system operator. (4) The comparison value referred to in paragraph 1 shall be the arithmetic mean Average of the respective specific applicable difference costs of all transmission system operators of the two previous years. (5) The transmission system operator is entitled to a bonus, provided that its specific, influenceable difference costs the Comparison value plus a surcharge of 5 cents per megawatt hour not . The amount of the bonus shall be 25% of the difference between the comparative value plus the surcharge and the specific, influenceable differential costs referred to in paragraph 3, multiplied by the quantity to be marketed within the meaning of the second sentence of paragraph 3. Payment of bonuses is limited to 20 million euros per calendar year for all transmission system operators. The maximum amount of the bonus of a single transmission system operator to be reached in a calendar year shall be determined by the proportion of the total quantity of electricity to be marketed after the horizontal equalisation of the burden on the total amount of the bonus to be marketed. Amount of electricity of all transmission system operators multiplied by 20 million Euro. (6) In the year following the incentive year, the transmission system operators shall book the possible bonus in the context of the determination of the transfer pursuant to § 60 paragraph 1 of the Renewable energy law (EEG transfer) as forecast expenditure position in accordance with § 3 (1) Point 1 of the Ordinance on compensatory measures in conjunction with Section 6 (1) (8). Transmission system operators claiming a bonus in accordance with paragraph 5 shall, by 31 March of the year following the year of incentive, submit this to the Bundesnetzagentur and prove the factual accuracy of the calculation. § 4 Paragraph 4 shall apply accordingly. (7) The bonus shall be appropriated in twelve evenly distributed monthly instalments. It starts at the beginning of next year in terms of the incentive year. Unofficial table of contents

§ 8 Price list in exceptional cases

The transmission system operator may, in accordance with the following paragraphs, derogate from the obligation for those hours of the following day for which, in the case of negative prices at the EPEX Spot, a call for the second auction shall be issued. to divass full hourly feed-in to price-independent bids in the spot market of a power exchange according to § 1 (1) of the current forecast, according to the current forecast. The transmission system operator shall immediately notify the Federal Network Agency of the concrete hours in which it makes use of the power of sentence 1. The sentences 1 and 2 shall apply accordingly to those hours of the following day for which the bids are called upon to adapt the bids due to partial decoupling of cross-border market areas. (2) In the In the case of paragraph 1, the transmission system operator shall be entitled to submit price-listed bids in the course of marketing in accordance with Article 1 (1). The quantity of current to be divested shall be divided into 20 equal tranches and shall be offered with its own price list. The price limits must be at least -350 Euro per megawatt hour and not more than -150 Euro per megawatt hour. Each amount in increments of one euro each within this frame is randomly set as price slim. The price limits must be re-determined for each case in paragraph 1. The price limits shall be treated confidentially until the publication in accordance with sentence 7. The transmission system operator shall be obliged to announce the following two working days after the end of the auction on its website:

1.

Hours for which he has made a price-winning bid;

2.

the level of the price limits of each tranche;

3.

on the spot market in accordance with Article 1 (1) of the unsold energy quantity.

(3) In the case of price-quoted offers, the quantity of electricity to be marketed pursuant to § 1 (1) may not be sold completely or not completely, because the negative price which is quoted on the stock market is below the negative price limit, has a necessary To the extent possible in accordance with § 1 (2) and (3), this amount of electricity should be sold in any other The transmission system operator shall be obliged to announce at the same time the announcement referred to in the second sentence of paragraph 2 on its website:

1.

hours for which energy has remained unsold pursuant to § 1 (2) and (3);

2.

the amount of energy unsold in the hour.

(4) Where it is to be expected, on the basis of verifiable facts, that the sale referred to in paragraph 3 will not be possible, or that it will be possible only at prices which would be significantly below the negative price limits set out in paragraph 2, the Transmission system operators shall make use of agreements in which electricity producers voluntarily undertake to refrain from supplying electricity, in whole or in part, at the request of the transmission system operator, or in which electricity producers are required to supply electricity to the which electricity consumers voluntarily commit to, at the request of the Transmission system operator to increase their electricity consumption to a certain extent. The prices paid for voluntary measures in accordance with the first sentence may not be higher than the prices which would have been set on the day-to-day spot market for the hour in question, provided that they are covered by all the voluntary agreements concluded by all Transmission system operators would have already entered into the price formation of the pre-day spot market as a demand. Voluntary agreements with electricity producers who received compensation under the Renewable Energy Act in the event of feed-in may not be used until agreements with other electricity generators or electricity consumers have been made. have been fully exploited. The transmission system operator shall develop a procedural instruction, in which cases and in what way it will make use of the provisions of this paragraph. The procedure instruction and any changes thereto shall be reported to the Federal Network Agency prior to its initial application. The agreements referred to in this paragraph shall be submitted to the Federal Network Agency at any time upon request. The transmission system operator shall be obliged, at the same time as the notification referred to in paragraph 2, sentence 7, to be published on its Internet site, for which hours and for which amount of energy during the respective hour it shall be notified of agreements within the meaning of the (5) The costs arising from the measures referred to in paragraph 4 shall be considered to be the cost of the underground compensation within the meaning of Article 3 (4) (6) of the Ordinance on the Compensation of Compensatory measures. They can only be included in the EEG surcharges if the provisions contained in the preceding paragraphs or the measures contained in supervisory measures of the Federal Network Agency have been complied with. Unofficial table of contents

§ 9 Transitional Regulation

For the quantities of electricity marketed by 31 April 2015 in accordance with § 1, transmission system operators may not publish the data to be published in accordance with section 2 (1), (4) and (5) until 1 May 2015. Until then, the marketing activities shall be published in accordance with Section 2 (1) to (3) of the Implementing Regulation in force in the version in force on 31 January 2015.