Regulation To The Eeg Compensation Mechanism

Original Language Title: Verordnung zum EEG-Ausgleichsmechanismus

Read the untranslated law here: http://www.gesetze-im-internet.de/ausglmechv_2015/BJNR014610015.html

Regulation to the EEG compensation mechanism (compensation mechanism regulation - AusglMechV) AusglMechV Ausfertigung date: 17.02.2015 full quotation: "compensation mechanism regulation from the 17 February 2015 (BGBl. I S. 146)" footnote (+++ text detection from: 20.2.2015 +++) (+++ to the application see §§ 9, 11 +++) the V 1 V v. 17.2.2015 was adopted as article I 146 of the Federal Government under the rights of the Bundestag and the Federal Ministry of economy and energy. It is according to art. 4 sentence 1 of this V on the 20.2.2015 entered into force.

§ 1 scope this regulation lays down 1 marketing of according to § 19 para 1 No. 2 of the renewable energies Act rewarded electricity through the transmission system operators according to § 59 of the renewable energies Act, 2. the discovery and publication of renewable energy levy according to § 60 paragraph 1 sentence 1 of the renewable energies Act and 3 the survey of renewable energy levy by final consumers and equity providers according to § 61 of the renewable energies Act.

According to § 19 para 1 number 2 of the renewable energies Act tempered power only on the spot market of a power exchange in accordance with the compensation mechanism provision market the § 2 marketing by the transmission system operators transmission system operators may. You must apply the due diligence of a prudent and conscientious businessman to the best possible marketing of electricity.

Section 3 determination of the renewable energy levy (1) transmission system operators determine income pursuant to paragraph 3 the EEG allocation to § 60 paragraph 1 sentence 1 of the renewable energies act transparently from 1 the difference between the predicted number 1, 3, 6 and 7, and paragraph 5 for the following calendar year and the projected expenditure under paragraph 4 for the following calendar year, and 2. the difference between the actual income according to paragraph 3, and the actual expenditure for paragraph 4 at the time of the discovery.
The renewable energy levy for power the renewable energy levy must be paid on the 60 § or § 61 of the renewable energies Act, is to determine in cents per kilowatt hour. This is section 66 paragraph 5 sentence 2 of the renewable energies act according to to apply.
(2) the forecasts referred to in paragraph 1 are to create the State of science and technology. For the forecast of revenues pursuant to paragraph 3, number 1 is the average of the daily settlement prices for the product Phelix baseload year to use future on the power exchange European energy exchange AG in Leipzig for the following calendar year. The trading period from 16 June to 15 September of the current calendar year is decisive.
(3) revenues are 1 revenue from marketing referred to in § 2, 2. payments of the EEG assessment, 3. payments under section 57, paragraph 3 of the renewable energies Act, as far as the netting under section 57 paragraph 4 of the renewable energy law for the transmission system operators result in a positive balance has, 4 positive differences of interest under paragraph 5, 5. revenues from recovery claims according to the provisions under section 57, paragraph 5, or on the basis of subsequent corrections according to § 62 of the renewable energies Act and payment claims of the transmission system operator pursuant to paragraph 7 , 6 proceeds from auctioning of connection capacity for wind turbines at sea according to § 17 d paragraph 4 sentence 5 of the energy industry Act, 7 proceeds from the settlement of the balance energy for the EEG record group pursuant to section 11 of the electricity network access regulation, 8 proceeds on the basis of a regulation according to § 88 of the renewable energies Act, who are named as earnings within the meaning of this paragraph and 9 positive difference amounts and interest according § 6 paragraph 3 of the compensation mechanism design regulation.
(4) expenditures are 1 financial subsidies according to §§ 19 and 52 of the renewable energies Act and under the funding rules, which according to the paragraphs 100 to 102 of the renewable energies Act transitional continue to apply, 2. expenditure on the basis of a regulation according to § 88 of the renewable energies Act, who are named as expenditure within the meaning of this paragraph 3. reimbursement of costs pursuant to section 57 paragraph 2 of the renewable energies Act, 4. negative differences from interest under paragraph 5 , 5. repayment of the transmission system operator pursuant to paragraph 7, 6. necessary costs of transmission system operators for balancing underground, 7 necessary costs of transmission system operators from the settlement of the balance energy for the EEG record group, 8 necessary costs incurred for the preparation of forecasts for marketing pursuant to section 2 and 9 expenditure according to § 6 of the compensation mechanism design regulation.
(5) differences between revenue and expenditure are to pay interest on. The interest rate is 0.3 percentage points higher than the monthly average of the euro interbank offered rate set for the procurement of money by one month of first addresses in the participating countries of the European Monetary Union (EURIBOR) with a maturity of one month for the calendar month. As far as the actual rate of interest exceeds the interest rate pursuant to sentence 2, also this income as revenue are to be number 4 under paragraph 3.
(6) income and expenses, that have already taken into account in the context of the determination of the revenue cap according to § 4 paragraph 2 of the incentive regulation regulation or a subsequent change in the revenue cap, are in the determination referred to in paragraph 1 not to apply. Revenue and expenditure are excluded, unless they also arise on the basis of this regulation. Additional revenue and expenditure within the meaning of sentence 2 must be proved to the Federal Network Agency.
(7) arise as a result of discrepancies between the monthly payments according to section 60 paragraph 1 sentence 4 of the renewable energies Act and final settlement pursuant to article 73 paragraph 2 of the renewable energies Act entitlements in favour or at the expense of the transmission system operators, this must be compensated until 30 September of the year following the injection.
(8) the transmission system operators can determine the EEG assessment with regard to the forecast of revenue and expenditure referred to in paragraph 1 sentence 1 number 1 in addition a liquidity reserve see above. She allowed 10 percent of the difference referred to in paragraph 1 sentence 1 No. 1 do not exceed.

§ 4 the burden is the need or expenses according to § 3 dispute, the burden of proof meets the transmission system operators.

§ 5 publication the renewable energy levy (1) transmission system operators must publish the amount of renewable energy levy for the following calendar year on their websites to 15 October of the calendar year. In the publication are also in non-personal form to specify: 1. the difference distributed the data bases, assumptions, data paths, calculations and final values, which have been incorporated into the calculation according to § 3, 2. a forecast, as according to § 3, paragraph 1, sentence 1 number 1 on existing and newly commissioned units and the difference 3. a forecast, as number 1 on various groups of final consumers distributed according to § 3, paragraph 1, sentence 1.
(2) the information must enable a knowledgeable third party referred to in paragraph 1, without fully to understand more information identifying the renewable energy levy.
(3) transmission system operators shall must share the information pursuant to paragraph 1 to 15 October of the calendar year of the Federal Network Agency pursuant to § 4 paragraph 4 the compensation mechanism provision.

§ 6 publication of the EEG perspective (1) transmission system operators must create a perspective for the development of the expansion of renewable energies in the following five calendar years to 15 October of the calendar year and publish. This perspective must contain at least the following information: 1 a forecast of the development of a) the installed capacity of the plant, b) of full-load hours, c) generated year work, d) the financial support to be paid to the operator, e) apportioning the quantities of fed power to the disposal forms according to § 20 paragraph 1 of the renewable energies Act and f) the amount of avoided network charges § 18 of the grid fee regulation and 2. a forecast of final consumption , broken down by a) final consumption for the renewable energy levy in full amount must be paid, b) final consumption for the renewable energy levy in the reduced amount has to be paid, and c) final consumption, for which no renewable energy levy must be paid.
The quantities of electricity expected to be directly marketed, are taken into account.
(2) the information set 2 number 1 must be published separately referred to in paragraph 1 for the following energy sources: 1 hydropower, 2 wind power on land, 3. wind energy at sea, 4. solar radiation energy from greenfield installations, 5. solar radiation energy from other plants, 6 geothermal, 7 energy from biomass, 8 landfill gas, 9 sewage gas and 10 mine gas.
(3) the forecast referred to in paragraph 1 must be created according to the State of science and technology. The data bases and assumptions that are incorporated in the forecast must be specified.

§ 7 the EEG allocation to § 61 of the renewable energies Act survey of renewable energy levy by final consumers and equity suppliers (1) that transmission system operators must only collect 1 at power plants, which are connected to the transmission network, is 2nd at power generation plants at acceptance points, which limited the renewable energy levy after the special compensation scheme after the sections 63 to 69 or section 103 of the renewable energies Act, 3.

in power generation plants, whose Strom, supplied directly to final consumers which are not identical to the person with the operators of the power generation plant, part or 4 in cases of § 61 paragraph 1 sentence 3 of the renewable energies Act.
Of transmission system operators, in whose control area the power consumed is responsible for bringing the renewable energy levy. Transmission system operators can contractually agree among themselves a local jurisdiction differs from set 2. Set is 1 point 3 continue to apply even after the termination of the supply relationship. In this case the operator of power generation facility must notify the network operator to whose network the power generation plant is connected, the termination of the supply relationship.
(2) In addition the operator should apply the renewable energy levy according to § 61 of the renewable energies Act, the electricity system is connected to its network. The operator pursuant to sentence 1 and the transmission system operator referred to in paragraph 1 may agree among themselves contractually a different jurisdiction for the collection of renewable energy levy according to § 61 of the renewable energies Act if this is economically reasonable.
(3) on payment of the EEG assessment according to paragraphs 1 and 2, of competent operators may require tees in reasonable amounts every month to the 15th calendar day of the previous month. The levying of reductions pursuant to sentence 1 is not appropriate especially 1. installations for the production of electricity from solar radiation energy with an installed capacity of no more than 30 kW and 2 in other power generation systems with an installed capacity of more than 10 kilowatts.
The installed capacity pursuant to sentence 2 shall be determined to apply article 32 paragraph 1 sentence 1 of the renewable energies act according to.
(4) article 60, paragraph 2, sentence 1 and paragraph 4 of the renewable energies Act shall apply accordingly.
(5) by way of derogation of article 33, paragraph 1 of the renewable energies Act operators can count on claims for payment of the renewable energy levy according to § 61 of the renewable energies law against final consumers, which are plant operators, claims of this operator on financial support to the renewable energies Act.

§ 8 obligations of the network operator in the collection of the renewable energy levy (1) the operator must when collecting the renewable energy levy pursuant to § 7 which apply due diligence of a prudent and conscientious businessman.
(2) network operators who are not transmission system operators, the sum of the payments received under article 7 paragraph 2 and 3 of the transmission system operators each must pass. To be forwarded payments pursuant to sentence 1, monthly discounts in reasonable amounts are payable.
(3) also claims that are lapsed through set-off according to § 7 paragraph 5 are considered payments received pursuant to paragraph 2. By the network operator provided financial support in the sense of article 57, paragraph 1 of the renewable energies Act are also demands a system operator on funding, which are extinguished by set-off pursuant to section 7, paragraph 5.
Footnote (+++ § 8 para 3 sentence 1: the application see § 9 para 3 No. 2 +++) (+++ § 8 par. 2 and 3: the application see section 11 subsection 3 sentence 2 +++) § 9 notification and disclosure requirements (1) adaptation of section 70 of the renewable energies Act need to final consumers, that are subject to article 61, paragraph 1 of the renewable energies Act and no operators are, the details that are each required to compensate for nationwide , immediately make available.
(2) in adjustment of § 71 number 1, and section 74 clause 3 of the renewable energies Act, the operators of power plants must operator, which may require the renewable energy levy them pursuant to § 7, until all details to the 28th February of each calendar year to provide, that are required for the final settlement of the EEG assessment according to § 61 of the renewable energies Act for the preceding calendar year.
(3) according to article 72, paragraph 1 number s of the renewable energies Act 1 letter are also to specify: 1. who must raise the renewable energy levy amounts of electricity according to article 61, paragraph 1 of the renewable energies Act, for which the operator pursuant to article 7, paragraph 2, and 2. the level of payments received under article 7 paragraph 2 and 3; Article 8, paragraph 3, sentence 1 shall apply accordingly.
(4) in the adaptation of article 72, paragraph 1 the accruals for investment must also contain the number 2 of the renewable energies Act 1 pursuant to paragraph 3, 2nd is number 2 first half-sentence of the renewable energies act according to for the current article 61, paragraph 1 of the renewable energies Act from other power generation systems to apply the obligation to submit by calculation according to article 72, paragraph 1 and 3. is article 72 paragraph 1 last number 2 to apply paragraph 2 half-sentence of the renewable energies Act also for calculation.
(5) paragraphs 3 and 4 are on article 73, paragraph 1 and article 75 of the renewable energies Act apply mutatis mutandis. Paragraph 3 is number 2 on article 73, paragraph 1 of the renewable energies Act shall apply mutatis mutandis, that the level of payments received under article 7, paragraph 1 and 3 is applicable. Adaptation of article 73 of the renewable energies Act, transmission system operators must a carrier who is responsible according to § 7 paragraph 2 for the collection of renewable energy levy, Nos. 1 and 2 of the renewable energies Act for the relevant power generation plant is provide information according to article 61, paragraph 5, sentence 1 are the transmission system operators on request. Article 61 paragraph 5 sentence 2 to 4 of the renewable energies Act is on the operator who is entitled to the information pursuant to sentence 3, apply mutatis mutandis.
(6) the provisions of paragraphs 2 to 4 are on section 76 of the renewable energies Act apply mutatis mutandis.

Article 10 regulation empowering the Federal Network Agency is authorized to regulate by Decree in agreement with the Federal Ministry of economy and energy: 1 the requirements for the marketing of electricity volumes pursuant to article 2, in particular the marketplace, the forecasting, procurement of balancing energy, the notification and disclosure requirements, 2. the determination of positions, which are regarded as revenue or expenditure under section 3, and the applicable interest rate, 3. incentives to the best possible marketing of electricity , 4. transfer the task of marketing on third parties in a transparent and discrimination-free procedure, in particular the details of the invitation to tender and the legal relations of third parties to the transmission system operators, 5. the conditions under which the transmission system operator can be entitled, a) plant operators contractual arrangements to meet with, which are considering a dining priority of optimize the marketing of electricity; This includes taking into account the costs arising from such agreements as expenditures according to § 3 paragraph 4, provided that they are economically appropriate, b) plants, which are taken after December 31, 2015 in operating and whose electricity according to § 19 paragraph 1 number 2 of the renewable energies Act is remunerated, turn to down if the value of hours contracts for the price zone Germany/Austria on the spot market of the power exchange EPEX spot SE in Paris all the time is negative , and 6 more detailed provisions relating to the payment of the renewable energy levy according to § 61 of the renewable energy law, including the involvement of operators that are not transmission system operators, and the necessary adjustments for the notification and disclosure requirements.

Article 11 transitional provisions (1) claims become due not before July 1, 2015 according to § 61 of the renewable energies Act for the period from August 1, 2014 until May 31, 2015 and are operator responsible according to § 7 to collect.
(2) for the final settlement of the year 2014 the operators of power plants by way of derogation from article 9, paragraph 2, and article 71 must 1 number 1 of the renewable energies Act § 7 the necessary data for the calendar year 2014 to raise competent operator the 28 February 2016 available, 2. the network operators that are not transmission system operators, by way of derogation from article 72 paragraph 1 number 2 of the renewable energies Act the final bill for the renewable energy levy to § 61 of the renewable energy law for the electricity generation plants , of which the renewable energy levy for calendar year 2014 may require pursuant to § 7, only submit by May 31, 2016.
Set is 1 number 2 in the calendar year 2015 according to apply to 1 § 73 para 1 of the renewable energies Act in conjunction with article 9, paragraph 5, and 2. § 76 of the renewable energies Act in conjunction with § 9 paragraph 6 (3) payments apply the renewable energy levy according to § 61 of the renewable energy law, which were made before July 1, 2015 to the transmission system operator as done to the operator competent pursuant to § 7. § 8 paragraph 2 and 3 shall not apply in these cases.