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Regulation on the EEG compensation mechanism

Original Language Title: Verordnung zum EEG-Ausgleichsmechanismus

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Regulation on the EEG-compensation mechanism (Compensatory Mechanism Regulation-AusglMechV)

Unofficial table of contents

AusglMechV

Date of completion: 17.02.2015

Full quote:

" Compensatory mechanism ordinance of 17 February 2015 (BGBl. 146) "

Footnote

(+ + + Text proof: 20.2.2015 + + +) 
(+ + + For application cf. § § 9, 11 + + +)

The V was decided as Article 1 of the V v. 17.2.2015 I 146 by the Federal Government with due regard for the rights of the Bundestag and the Federal Ministry for Economic Affairs and Energy. She's gem. Art. 4 sentence 1 of this V entered into force on 20.2.2015. Unofficial table of contents

§ 1 Scope

This Regulation lays down
1.
the marketing of the electricity paid in accordance with section 19 (1) (2) of the Renewable Energy Act by the transmission system operators according to § 59 of the Renewable Energy Sources Act,
2.
the identification and publication of the EEG transfer in accordance with § 60 (1) sentence 1 of the Renewable Energy Act and
3.
the levying of the EEG levy from the final consumers and their own suppliers according to § 61 of the Renewable Energy Sources Act.
Unofficial table of contents

§ 2 Marketing by the transmission system operators

Transmission system operators may market the electricity paid in accordance with Article 19 (1) (2) of the Renewable Energy Act only on the spot market of a power exchange in accordance with the Compensatory Mechanism implementing Regulation. You must use the care of a prudent and conscientious businessman for the best possible marketing of the electricity. Unofficial table of contents

§ 3 Determination of the EEG-Reposition

(1) The transmission system operators shall identify the EEG transfer in a transparent way in accordance with Section 60 (1) sentence 1 of the Renewable Energy Act.
1.
the difference between the forecast revenue referred to in points 1, 3, 6 and 7 of paragraph 3 and paragraph 5 for the following calendar year and the forecast expenditure referred to in paragraph 4 for the following calendar year and
2.
the difference between the actual revenue referred to in paragraph 3 and the actual expenditure referred to in paragraph 4 at the time of the investigation.
The EEG-transfer for electricity, for which the EEG-transfer must be paid according to § 60 or § 61 of the Renewable Energy Act, is to be determined in cent per kilowatt hour. In this connection, Section 66 (5), second sentence, of the Renewable Energy Act must be applied accordingly. (2) The forecasts referred to in paragraph 1 shall be drawn up in accordance with the state of the art of science and technology. For the forecast of the revenue referred to in point 1 of paragraph 3, the average of the daily transfer prices for the Phelix Baseload Year Future product at the European Energy Exchange AG electricity exchange in Leipzig shall be based on the following calendar year: . The trading period from June 16 to September 15 of the current calendar year is decisive. (3) Revenue is
1.
Proceeds from the marketing according to § 2,
2.
the payments of the EEG repayment,
3.
Payments in accordance with § 57 (3) of the Renewable Energy Act, insofar as the netting has resulted in a positive balance in accordance with § 57 (4) of the Renewable Energy Act for the transmission system operator,
4.
positive differential amounts from interest referred to in paragraph 5;
5.
Proceeds from repayment claims in accordance with the provisions of § 57 (5) or on the basis of subsequent corrections pursuant to § 62 of the Renewable Energy Act and from payment entitlements of the transmission system operators pursuant to paragraph 7,
6.
Proceeds from auctioning capacities for wind turbines at sea according to § 17d (4) sentence 5 of the German Energy Law,
7.
Proceeds from the settlement of the balancing energy for the EEG balance sheet according to § 11 of the Electricity Network Access Regulation,
8.
Proceeds on the basis of a Regulation in accordance with Article 88 of the Renewable Energy Sources Act, which shall be designated there as revenue within the meaning of this paragraph; and
9.
positive difference amounts and interest in accordance with Article 6 (3) of the Ordinance on the Implementing Regulation.
(4) expenditure
1.
financial support in accordance with § § 19 and 52 of the Renewable Energy Act and under the support schemes, which are subject to transitional measures in accordance with § § 100 to 102 of the Renewable Energy Act,
2.
Expenditure on the basis of a Regulation pursuant to Section 88 of the Renewable Energy Act, which shall be designated there as the expenditure referred to in this paragraph;
3.
Reimbursements in accordance with § 57 (2) of the Renewable Energy Act,
4.
negative difference amounts from interest referred to in paragraph 5,
5.
the repayments of the transmission system operators referred to in paragraph 7;
6.
the necessary costs of the transmission system operators for the day-to-day compensation;
7.
the necessary costs of the transmission system operators from the accounting of the balancing energy for the EEG balance sheet,
8.
necessary costs for the preparation of forecasts for the marketing according to § 2 and
9.
Expenditure in accordance with § 6 of the Implementing Regulation of the Compensation Mechanism.
(5) Differing amounts between revenue and expenditure shall be galvanissed. The interest rate for the calendar month is 0.3 percentage points higher than the monthly average of the Euro Interbank Offered Rate rate for the acquisition of one-month money from first addresses in the participating countries of the European Monetary Union (EURIBOR) with a term of one month. In so far as the actual interest rate exceeds the interest rate as set out in the second sentence, these interest income receipts shall also be regarded as the revenue referred to in paragraph 3 (4). (6) Revenue and expenditure already in the context of the determination of the revenue limits pursuant to Article 4 (2) of the An incentive regulation or a subsequent change in the limits of the revenue limit shall not be used in the investigation referred to in paragraph 1. This Regulation shall not apply to revenue and expenditure in so far as it is additionally incurred as a result of this Regulation. Additional revenue and expenditure as defined in the second sentence shall be shown to the Federal Network Agency (Bundesnetzagentur). (7) As a result of deviations between the monthly disbursements pursuant to § 60 (1) sentence 4 of the Renewable Energy Act and the final settlement in accordance with Article 73 (2) of the Renewable Energy Act, payment claims in favour or at the expense of the transmission system operators, must be offset by 30 September of the year following the feed-in. (8) The Transmission system operators may be responsible for the identification of the EEG the forecast of revenue and expenditure referred to in the first sentence of paragraph 1, point 1, in addition, provide for a liquidity reserve. It shall not exceed 10% of the difference in the difference referred to in the first sentence of paragraph 1 of paragraph 1. Unofficial table of contents

§ 4 burden of proof

If the necessity or the amount of the expenses in accordance with § 3 is in dispute, the burden of proof shall meet the transmission system operators. Unofficial table of contents

§ 5 Publication of the EEG-Umlage

(1) Transmission system operators shall be required to: 15. In October of a calendar year, the amount of the EEG conversion for the following calendar year shall be published on its Internet pages. The publication shall also indicate in a non-personal form:
1.
the data bases, assumptions, calculation paths, calculations and final values which have been incorporated into the investigation according to § 3,
2.
a forecast of the distribution of the difference in the amount of the difference referred to in Article 3 (1), first sentence, point 1, to existing and newly operational installations; and
3.
a forecast of the difference between the difference in the amount of the difference referred to in Article 3 (1), first sentence, point 1, to different groups of final consumers.
(2) The information referred to in paragraph 1 shall enable a knowledgeable third party to fully understand the determination of the EEG transfer without further information. (3) The transmission system operators shall be required to provide the information referred to in paragraph 1 to 15. The Federal Network Agency shall also notify the Federal Network Agency in accordance with Article 4 (4) of the Ordinance on Compensation for a calendar year. Unofficial table of contents

Section 6 Publication of the EEG-Perspective

(1) Transmission system operators shall be required to: 15. To prepare and publish an outlook for the development of renewable energy development in the following five calendar years, in October of a calendar year. This forecast shall contain at least the following information:
1.
a forecast of development
a)
the installed capacity of the installations,
b)
the full-load hours,
c)
the annual work produced,
d)
the financial support to be paid to the plant operators;
e)
the distribution of the quantities of electricity fed into the divestment forms in accordance with Article 20 (1) of the Renewable Energy Act; and
f)
the level of the avoided network charges in accordance with § 18 of the Electricity Network Regulation, and
2.
a forecast of the final consumption, broken down by
a)
Final consumption, for which the full amount of EEG is to be paid,
b)
Final consumption, for which the EEG transfer must be paid at a reduced level, and
c)
Final consumption, for which no EEG repayment has to be paid.
The quantities of electricity which are likely to be marketed directly shall be taken into account. (2) The information referred to in the second sentence of paragraph 1 shall be published separately for the following energy sources:
1.
hydropower,
2.
wind energy on land,
3.
wind energy at sea,
4.
solar radiation energy from open-air systems,
5.
solar radiation energy from other plants,
6.
Geothermal energy,
7.
Energy from biomass,
8.
Landfill gas,
9.
Clarion gas and
10.
Grub gas.
(3) The forecast referred to in paragraph 1 shall be drawn up in accordance with the state of the art of science and technology. The data bases and assumptions that have been included in the forecast must be specified. Unofficial table of contents

§ 7 Survey of the EEG-levy of final consumers and self-catering suppliers

(1) The transmission system operators shall only levy the EEG levy in accordance with § 61 of the Renewable Energy Act
1.
in the case of power generation installations connected to the transmission system,
2.
in the case of power generation plants at acceptance points where the EEG transfer is limited in accordance with the special compensation scheme in accordance with § § 63 to 69 or § 103 of the Renewable Energies Act,
3.
in the case of electricity generating installations, the electricity of which is supplied in part directly to the final consumer, which is not the same as the operator of the power generation plant, or
4.
in the cases of § 61 (1) sentence 3 of the Renewable Energy Act.
The transmission system operator, in whose control zone the electricity is consumed, is responsible for the collection of the EEG recharge. Transmission system operators may contractually agree with each other a local jurisdiction deviating from the second sentence. Sentence 1 (3) shall continue to apply even after termination of the supply relationship. In this case, the operator of the power generation system must notify the network operator, to whose network the power generation plant is connected, of the termination of the supply relationship. (2) In addition, the network operator must be subject to the EEG transfer in accordance with Section 61 of the Renewable energy law, on whose grid the power generation plant is connected. The network operator in accordance with the first sentence and the transmission system operator referred to in paragraph 1 may contract among themselves a different responsibility for the collection of the EEG levy in accordance with § 61 of the Renewable Energy Act, provided that this (3) The payment of the EEG transfer in accordance with paragraphs 1 and 2 may be carried out by the competent network operator on a monthly basis to the 15. The calendar day for the previous month shall require an appropriate amount. The collection of surcharges in accordance with the first sentence shall in particular not be appropriate
1.
in the case of installations for the generation of electricity from solar radiation energy with an installed capacity of not more than 30 kilowatts, and
2.
in the case of other power generating installations with an installed power of not more than 10 kilowatts.
In determining the installed power in accordance with the second sentence, § 32 (1), first sentence, of the Renewable Energy Act shall be applied accordingly. (4) § 60 (2) sentence 1 and paragraph 4 of the Renewable Energies Act shall apply accordingly. (5) By way of derogation from § 33 (1) of the Renewable Energy Act, network operators may demand payment of the EEG surcharge according to § 61 of the Renewable Energies Act against the latter, which is also the plant operator, with claims of this Plant operator for financial support under the Renewable Energy Sources Act counting. Unofficial table of contents

§ 8 obligations of the network operators in the survey of the EEG levy

(1) The network operators shall apply the diligence of a prudent and conscientious businessman in the survey of the EEG levy in accordance with § 7. (2) Network operators who are not transmission system operators shall each have to pay the sum of those pursuant to Article 7 (2) and (3). shall be forwarded to the transmission system operators. The payments to be forwarded in accordance with the first sentence shall be subject to a reasonable amount of monthly payments. (3) The payments referred to in paragraph 2 shall also be deemed to have been received and shall be paid by offsetting in accordance with § 7 (5). The financial support provided by the network operator within the meaning of Article 57 (1) of the Renewable Energy Act shall also apply to claims by a system operator for financial support, which shall be replaced by an offsetting in accordance with § 7 (5).

Footnote

(+ + + § 8 (3) sentence 1: For application, see § 9 para. 3 no. 2 + + +)
(+ + + § 8 (2) and 3: For use, see Section 11 (3) sentence 2 + + +) Unofficial table of contents

§ 9 Part-time and publication obligations

(1) In the adaptation of § 70 of the Renewable Energy Act, the final consumer, which is subject to § 61 (1) of the Renewable Energy Act and not a plant operator, must also provide the information required for the nationwide compensation. (2) In accordance with § 71 (1) and 74 sentence 3 of the Renewable Energy Sources Act, the operators of power generation plants shall be obliged to charge the network operator who shall require the EEG to be relocated by them in accordance with Section 7 may, by 28 February of a calendar year, provide all the information required for the Final settlement of the EEG transfer according to § 61 of the Renewable Energies Act is required for the previous calendar year. (3) According to § 72 (1) (1) (e) of the Renewable Energy Act, the following shall also be stated:
1.
the quantities of electricity according to § 61 (1) of the Renewable Energy Act, for which the network operator must levy the EEG levy in accordance with Article 7 (2), and
2.
the amount of payments received pursuant to § 7 (2) and (3); § 8 (3) sentence 1 shall apply accordingly.
(4) In the adaptation of Section 72 (1) (2) of the Renewable Energy Act (Renewable Energy Act)
1.
the final accounts for installations shall also contain the information referred to in paragraph 3,
2.
is the obligation to submit final statements pursuant to section 72 (1) (2), first half-sentence of the Renewable Energy Act, as well as for the electricity according to § 61 paragraph 1 of the Renewable Energies Act from other power generation plants to apply and
3.
Section 72 (1) (2) of the last half-sentence of the Renewable Energy Act shall also apply to final accounts as referred to in point 2.
(5) Paragraphs 3 and 4 are to be applied in accordance with § 73 (1) and § 75 of the Renewable Energy Act. Paragraph 3 (2) is to be applied in accordance with Article 73 (1) of the Renewable Energy Act with the proviso that the amount of the payments received in accordance with Article 7 (1) and (3) shall be applicable. In accordance with Section 73 of the Renewable Energy Act, transmission system operators must, on request, a network operator who is responsible for the collection of the EEG levy in accordance with Article 7 (2), the information provided for in Article 61 (5), first sentence, points 1 and 2 of the Renewable energy law for the electricity generating facility in question if these are available to the transmission system operators. Section 61 (5) sentences 2 to 4 of the Renewable Energies Act shall apply mutatically to the network operator who is entitled to the right of information in accordance with sentence 3. (6) Paragraphs 2 to 4 shall apply mutatically to § 76 of the Renewable Energy Act. Unofficial table of contents

Section 10 Regulation empowerment

The Federal Network Agency is empowered to regulate by legal regulation in agreement with the Federal Ministry for Economic Affairs and Energy:
1.
the requirements for the marketing of the quantities of electricity in accordance with § 2, in particular the trading venue, forecasting, procurement of balancing energy, notification and publication obligations,
2.
the determination of the positions applicable as revenue or expenditure under section 3 and the interest rate to be applied;
3.
Incentives for the best possible marketing of electricity,
4.
the transfer of the task of marketing to third parties in a transparent and non-discriminatory procedure, in particular the details of the tendering procedure and the legal relations of the third parties with the transmission system operators,
5.
the conditions under which the transmission system operators may be entitled,
a)
arrive at contractual agreements with plant operators, taking due account of the feed-in priority of the optimisation of the marketing of the electricity, which shall include the consideration of the resulting agreements costs incurred as expenses in accordance with Article 3 (4), provided that they are economically appropriate,
b)
Installations which are put into service after 31 December 2015 and whose electricity is remunerated in accordance with section 19 (1) (2) of the Renewable Energy Sources Act, if the value of the hourly contracts for the German/Austrian price zone is Spotmarket of the electricity exchange EPEX Spot SE in Paris is constantly negative, and
6.
detailed provisions for the payment of the EEG repayment pursuant to § 61 of the Renewable Energy Act, including the inclusion of the network operators, which are not transmission system operators, and the necessary adjustments to the notification and Publication obligations.
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Section 11 Transitional provisions

(1) Claims pursuant to § 61 of the Renewable Energy Act for the period from 1 August 2014 to 31 May 2015 shall not be due before July 1, 2015 and shall be withdrawn from the network operator responsible in accordance with § 7. (2) For the final settlement of the Calendar year 2014
1.
By way of derogation from § 9 (2) and § 71 (1) of the Renewable Energy Act, operators of power generation plants shall not provide the necessary information for the calendar year 2014 until 28 February 2016 in accordance with § 7 of the Renewable Energy Act. make available,
2.
By way of derogation from Section 72 (1) (2) of the Renewable Energy Act, the network operators who are not transmission system operators shall be responsible for the final settlement of the EEG transfer pursuant to § 61 of the Renewable Energy Sources Act for the power generation plants, of which in accordance with § 7, they may require the EEG to be presented for the calendar year 2014, until 31 May 2016.
Sentence 1 (2) shall be applied in accordance with the calendar year 2015
1.
Section 73 (1) of the Renewable Energies Act in conjunction with § 9 (5) and
2.
§ 76 of the Renewable Energies Act in conjunction with Section 9 (6).
(3) Payment of the EEG transfer pursuant to § 61 of the Renewable Energy Act, which was made to the transmission system operators before 1 July 2015, shall be deemed to have been made to the network operator responsible in accordance with Section 7. § 8 (2) and (3) shall not be applied in such cases.