Regulation To The Eeg Compensation Mechanism

Original Language Title: Verordnung zum EEG-Ausgleichsmechanismus

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EEG compensation mechanism (balancing mechanism ordinance-AusglMechV)

unofficial table of contents

AusglMechV

date of departure: 17.02.2015

Full quote:

" Compensation Mechanism Ordinance of 17. February 2015 (BGBl. I p. 146) "

Footnote

(+ + + Text evidence from: 20.2.2015 + + +)
(+ + + For application see § § 9, 11 + + +)

The V has been referred to as Article 1 of the V v. 17.2.2015 I 146 decided by the Federal Government with due respect 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. Non-official table of contents

§ 1 Scope

This regulation goverts
1.
the marketing of the electricity paid under § 19 (1) (2) of the Renewable Energies Act by the transmission system operators according to § 59 of the Renewable Energy Act,
2.
The investigation and publication of the EEG-transfer according to § 60 paragraph 1 sentence 1 of the Renewable Energies Act and
3.
the EEG survey of last consumers and self-suppliers according to § 61 of the Renewable Energies Act.
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§ 2 marketing by the transmission system operators

The transmission system operators are allowed to use the new energy law pursuant to section 19 (1) (2) of the Renewable Energy Act (Renewable Energy Act) Only on the spot market of a power exchange shall be marketed in accordance with the compensatory mechanism for the implementation of the compensatory mechanism. You must use the care of a prudent and conscientious businessman for the best possible marketing of the electricity. Non-official table of contents

§ 3 Determination of the EEG situation

(1) The transmission system operators shall determine the EEG transfer in accordance with § 60 (1) sentence 1 of the Renewable energy law transparent from
1.
the difference between the forecast revenue referred to in paragraph 3 (1), (3), (6) and (7) and (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 has to be paid in accordance with § 60 or § 61 of the Renewable Energy Act, is to be determined in cents per kilowatt hour. In this connection, Section 66 (5) sentence 2 of the Renewable Energy Act is to 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 product Phelix Baseload Year Future at the European Energy Exchange AG electricity exchange in Leipzig shall be based on the following calendar year: . The trading period of the 16. June to 15. September of the current calendar year.(3) Revenue is
1.
Revenue from the marketing according to § 2,
2.
Payments of the EEG-Umlage,
3.
Payments pursuant to § 57 (3) of the Renewable Energy Act, insofar as the Saldation pursuant to § 57 (4) of the Renewable Energies Act for the Transmission system operator has resulted in a positive balance,
4.
positive difference amounts from interest as referred to in paragraph 5,
5.
Reaction claims in accordance with § 57 paragraph 5 or due to subsequent corrections according to § 62 of the Renewable Energy Act and from Payment entitlements of the transmission system operators pursuant to paragraph 7,
6.
proceeds from auctioning of interconnection capacity for wind turbines at sea according to § 17d (4) Sentence 5 of the Energy Economic Law,
7.
proceeds from the settlement of the balancing energy for the EEG-balancing group according to § 11 of the Electricity Network Access Regulation,
8.
Revenue pursuant to § 88 of the Renewable Energy Sources Act, which shall be named therein as revenue within the meaning of this paragraph , and
9.
positive difference amounts and interest rates in accordance with § 6 (3) of the Implementing Regulation.
(4) Expenditure is
1.
financial support according to § § 19 and 52 of the Renewable Energies Act and according to the support regulations, which are transitional according to § § 100 to 102 of the Renewable Energy Act
2.
Expenditure on the basis of a regulation pursuant to § 88 of the Renewable Energy Sources Act, which is referred to there as expenditure within the meaning of this paragraph
3.
Cost reimbursements according to § 57 (2) of the Renewable Energy Act,
4.
negative difference amounts from interest as referred to in paragraph 5,
5.
Transmission system operator repayments after Paragraph 7,
6.
the necessary costs of the transmission system operators for the underground compensation,
7.
The transmission system operator costs the necessary from the balancing energy accounting for the EEG balance sheet,
8.
The necessary costs for creating forecasts for marketing according to § 2 and
9.
Expenditure according to § 6 of the Implementing Regulation.
(5) Differing amounts between revenue and expenditure are to be galvanised. 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). 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 which have already been taken into account in the context of the determination of the revenue limits in accordance with Article 4 (2) of the incentive regulation or a subsequent amendment of the revenue limits shall be determined in the determination referred to in paragraph 2. 1 shall not be used. 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 for the purposes of the second sentence shall be shown in relation to the Federal Network Agency.(7) As a result of discrepancies between the monthly disbursements in accordance with Article 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 To the detriment of the transmission system operators, these must be up to 30. The following year will be offset by the year of feed-in.(8) The transmission system operators may also provide for a liquidity reserve in the determination of the EEG transfer in respect of the forecast of revenue and expenditure referred to in the first sentence of paragraph 1, point 1. It shall not exceed 10% of the difference in the difference referred to in the first sentence of paragraph 1 of paragraph 1. Non-official table of contents

§ 4 burden of proof

If the need or the amount of the expenses in accordance with § 3 is in dispute, the burden of proof shall be the case Transmission system operator. Non-official table of contents

§ 5 Publication of the EEG Reposition

(1) The transmission system operators must be up to 15. publish on their Internet pages the level of the EEG rearrangement for the following calendar year in October of a calendar year. The publication shall also indicate in a non-personal form:
1.
The data bases, assumptions, calculation paths, calculations and end values that are included in the investigation. in accordance with § 3,
2.
a forecast of the difference in the difference between existing and newly commissioned installations according to Article 3 (1), first sentence, point 1 and
3.
a forecast of how the difference in the amount of the difference according to § 3 (1), first sentence, number 1 is distributed among different groups of the final consumers.
(2) The data according to Paragraph 1 shall enable a knowledgeable third party to fully understand, without further information, the determination of the EEG reposition.The transmission system operators shall be required to provide the information referred to in paragraph 1 up 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 in October of a calendar year. Non-official table of contents

§ 6 Publication of the EEG foresight

(1) The transmission system operators must be up 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 foresight must contain at least the following information:
1.
a forecast of development
a)
the installed capacity of the assets,
b)
full-load hours,
c)
the generated annual work,
d)
the financial operator to pay the asset Subsidies,
e)
the distribution of the amounts of electricity fed into the divestments according to § 20 (1) of the Renewable Energies Act and
f)
the amount of the avoided network charges in accordance with § 18 of the Electricity Network Ordinance as well
2.
Forecast of the last consumption broken down by
a)
Last consumption, for which the full amount of EEG conversion must be paid,
b)
Last consumption for which the EEG is to be paid in a reduced amount, and
c)
Last consumption, for which there is no need to pay the EEG repayment.
Theof electricity that are likely to be marketed directly shall be taken into account.(2) The information referred to in paragraph 1, second sentence, point 1 shall be published separately for the following energy sources:
1.
Hydropower,
2.
wind energy on land,
3.
wind energy at sea,
4.
solar radiant energy from open-surface systems,
5.
solar radiant energy from other Plants,
6.
Geothermal Energy,
7.
Energy from Biomass,
8.
Deponiegas,
9.
clarifying gas and
10.
Grubengas.
(3) The forecast referred to in paragraph 1 must be drawn up according to the state of science and technology. The data bases and assumptions that have been included in the forecast must be specified. Non-official table of contents

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

(1) Transmission system operators must: EEG levy according to § 61 of the Renewable Energy Act only elevates
1.
for power generation systems connected to the transmission network
2.
in power generation systems at acceptance points where the EEG transfer according to the special compensation scheme according to § § 63 to 69 or § 103 of the Renewable Energies Act is limited,
3.
in the case of power generation plants, the electricity of which is supplied in part directly to the final consumer, which is not with the operator of the power generation plant are identical, or
4.
in cases of § 61 (1) sentence 3 of the Renewable Energy Act.
The EEG surcharge is responsible for the collection of the EEG surcharge. Transmission system operator, in whose control zone the electricity is consumed. 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 shall communicate the termination of the supply relationship to the network operator to whose network the power generation plant is connected.(2) In addition, the network operator must levy the EEG levy in accordance with § 61 of the Renewable Energy Sources Act, to the network of which the power generation plant is connected. The system 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 Sources Act, provided that this is is economically appropriate.(3) The payment of the EEG transfer in accordance with paragraphs 1 and 2 may be made by the competent network operator on a monthly basis to the 15. The calendar day for the previous month shall require an appropriate amount. In particular, the collection of settees in accordance with the first sentence is not appropriate
1.
for installations for the generation of electricity from solar radiation energy with an installed Power of at most 30 kilowatts and
2.
for other power generating systems with an installed power of not more than 10 kilowatts.
The installed power in accordance with the second sentence is to be applied in accordance with § 32 (1) sentence 1 of the Renewable Energy Act.(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 in accordance with § 61 of the Renewable Energy Act against the latter, which is also the plant operator, with claims of this Set up a plant operator for financial support under the Renewable Energy Sources Act. Non-official table of contents

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

(1) The network operators must be responsible for the collection of the EEG-Umlage according to § 7 apply the diligence of a prudent and conscientious merchant.(2) Network operators other than transmission system operators shall forward the sum of the payments received in accordance with Article 7 (2) and (3) to the transmission system operators. The payments referred to in the first sentence shall be paid on a monthly basis and shall be paid on a reasonable basis.(3) As received payments within the meaning of paragraph 2, claims shall also apply which are obtained 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 offsetting in accordance with Article 7 (5) of the Act.

Footnote

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

§ 9 Part-time and publication obligations

(1) In the adaptation of § 70 of the Renewable Energy Sources Act, the final consumer, which is subject to Section 61 (1) of the Renewable Energy Act and is not a plant operator, must also immediately apply the information required for the nationwide compensation. Make available.(2) In the adaptation of § 71 (1) and (74) sentence 3 of the Renewable Energy Act, the operators of power generation plants shall be obliged to charge the network operator, who may require the EEG to be able to charge the EEG in accordance with § 7, up to the 28th. Provide all the information required for the final settlement of the EEG transfer in accordance with § 61 of the Renewable Energy Sources Act 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 pursuant to § 61 paragraph 1 of the Renewable Energy Act, for which the network operator has to levy the EEG levy in accordance with Article 7 (2), and
2.
the amount of payments received in accordance with § 7 (2) and (3); § 8 (3) sentence 1
(4) In accordance with Section 72 (1) (2) of the Renewable Energy Sources Act
1.
the final accounts for installations shall also be subject to the information provided referred to in paragraph 3,
2.
is the obligation to submit final statements in accordance with Section 72 (1) (2), first half-sentence of the Renewable Energy Act, in accordance with for the electricity in accordance with § 61 (1) of the Renewable Energy Sources Act from other power generation plants and
3.
is § 72 (1) (2) (2) final half-sentence of the
() The provisions of paragraphs 3 and 4 shall apply in accordance with Section 73 (1) and section 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, number 1 and point 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 Energy Act shall be applied accordingly to the network operator who is entitled to the right of information in accordance with the third sentence.(6) Paragraphs 2 to 4 are to be applied in accordance with § 76 of the Renewable Energy Act. Non-official table of contents

§ 10 Regulation empowerment

The Federal Network Agency is empowered to act by law in agreement with the Federal Ministry for Economic Affairs and Energy to regulate:
1.
the requirements for the marketing of the quantities of electricity according to § 2, in particular the trading venue, the Forecasting, obtaining the balancing energy, the notification and publication obligations,
2.
determining the positions that are deemed to be revenue or Expenditure according to § 3 shall apply, and the interest rate applicable,
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 tender procedure and the Third-party legal relations with transmission system operators,
5.
the conditions under which the transmission system operators may be entitled to:
a)
to enter into contractual agreements with plant operators, taking due account of the feed-in priority of optimising the marketing of the electricity ; this shall include consideration of the costs incurred as a result of such agreements as expenses in accordance with § 3 (4), provided that they are economically appropriate,
b)
Assets that are after the 31. The value of the hourly contracts for the German/Austrian price zone on the spot market of the electricity exchange EPEX shall be paid for in December 2015 and the electricity of which shall be remunerated in accordance with Section 19 (1) (2) of the Renewable Energy Act. Spot SE in Paris is persistently negative,
6.
More detailed provisions on the payment of the EEG surcharge pursuant to § 61 of the Renewable Energy Act, also under Inclusion of network operators, which are not transmission system operators, and the necessary adjustments to the reporting and publication obligations.
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§ 11 Transitional provisions

(1) claims pursuant to § 61 of the Renewable Energy Act for the period of 1. August 2014, up to 31 December 2014 May 2015 will not be before 1. The network operator shall be required to collect the information from the network operator in accordance with § 7.(2) For the final settlement of the calendar year 2014,
1.
shall be required by the operators of power generation plants, by way of derogation from Article 9 (2) and Article 71 (1) of the Renewable energy law to the network operator in accordance with § 7 the required data for the calendar year 2014 only until the 28. February 2016,
2.
by way of derogation from § 72 (1) (2) of the Renewable Energies Act, the network operators that are not transmission system operators the final settlement for the EEG recharge according to § 61 of the Renewable Energy Sources Act for power generation plants, from which they may require the EEG to be relocated for the calendar year 2014 according to § 7, until 31. May 2016.
Sentence 1, point 2 is to be applied in the calendar year 2015 accordingly to
1.
§ 73 paragraph 1 of the Renewable Energy Act in conjunction with § 9 Paragraph 5 and
2.
§ 76 of the Renewable Energies Act in conjunction with Section 9 (6).
(3) Payments of the EEG transfer pursuant to § 61 of the Renewable Energy Act, that was before the 1. The transmission system operators have been made available to the transmission system operators in July 2015, as provided for in Section 7 of the network operator. § 8 (2) and (3) shall not be applied in such cases.