Law for the expansion of renewable energies

Original Language Title: Gesetz für den Ausbau erneuerbarer Energien

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Law for the Development of Renewable Energies (Renewable Energy Sources Act-EEG 2014)

Unofficial table of contents

EEG 2014

Date of completion: 21.07.2014

Full quote:

" Renewable energy law of 21 July 2014 (BGBl. 1066), most recently by Article 1 of the Law of 29 June 2015 (BGBl. 1010). "

Status:

Last amended by Art. 1 G v. 29.6.2015 I 1010

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.8.2014 + + +) 
(+ + + For application cf.  § § 10, 24, 26, 37, 38, 50, 51, 52, 55, 57, 60, 61, 62,   
64, 65, 66, 67, 70, 72, 73, 76, 78, 79, 81, 85, 87, 100, 101, 103, 104 + + +) 
(+ + + For non-application d.  § § 14 and  15 cf.  § 17d para. 6 EnWG 2005 + + +) 
(+ + + For non-application d.  § 31 cf.  Section 13 (3) FFAV + + +) 
(+ + + For application d.  Section 32 (1), first sentence, cf.   
 § 7 para. 3 sentence 3 AusglMechV 2015 + + +) 
(+ + + For application d.  Section 60 (2) sentence 1 and  Paragraph 4, cf.   
 Section 7 (4) AusglMechV 2015 + + +) 
(+ + + For application d.  Section 61 (5) sentences 2 to 4, cf.   
 § 9 para. 5 sentence 4 AusglMechV 2015 + + +) 
(+ + + For application d.  § 66 (5) sentence 2 cf.   
 § 3 para. 3 sentence 3 AusglMechV 2015 + + +) 
(+ + + For application d.  Section 72 (1) (2) cf.   
 § 9 para. 4 no. 3 AusglMechV 2015 + + +)

The G was decided by the Bundestag as Article 1 of the G v. 21.7.2014 I 1066. It occurs gem. Art. 23 sentence 1 of this G in force on 1 August 2014. Unofficial table of contents

Content Summary

Content Supervision Part 1General Provisions

§ 1	Purpose and aim of the law
§ 2	Principles of the law
§ 3	Tree path
§ 4	Scope
§ 5	Definitions
§ 6	Asset Register
§ 7	Legal obligation

Part 2Connection, acceptance,
Transmission and distribution section 1General provisions

§ 8	Port
§ 9	Technical specifications
§ 10	Execution and use of the connector
§ 11	Acceptance, transmission and distribution

Section 2Capacity Extension
and feed-in management

§ 12	Network capacity expansion
§ 13	Compensation
§ 14	Feed-in Management
§ 15	Hardcase control

Section 3Cost

§ 16	Power connector
§ 17	Capacity expansion
§ 18	Contractual Agreement

Part 3Financial support section 1General support provisions

§ 19	Eligibility for electricity
§ 20	Change between divestment forms
Section 21	Procedure for the change
Section 22	Start of funding and funding period
Section 23	Calculation of support
§ 24	Reduction of support at negative prices
Section 25	Reduction of the promotion in case of compulsory infringements
Section 26	General provisions for the reduction of support
§ 27	Reduction of funding for electricity from hydroelectric power, landfill gas, sewage gas, mine gas and geothermal energy
§ 28	Reduction of funding for electricity from biomass
§ 29	Reduction of the support for electricity from wind energy on land
§ 30	Reduction of the support for electricity from wind energy at sea
Section 31	Reduction of the support for electricity from solar radiation energy
Section 32	Support for electricity from several plants
§ 33	Offset

Section 2XX_ENCODE_CASE_One promoted direct marketing

Section 34	Market premium
§ 35	Conditions of the market premium
§ 36	Remote control

Section 3Feed-in tariff

Section 37	Feed-in tariff for small plants
§ 38	Feed-in tariff in exceptional cases
§ 39	Common rules for feed-in tariff

Section 4Special eligibility rules
(Save)

§ 40	Hydropower
Section 41	Deponiegas
§ 42	Clarion gas
Section 43	Grubengas
Section 44	Biomass
§ 45	Fermentation of bio-waste
Section 46	Fermentation of liquid manure
§ 47	Common rules for electricity from biomass and gases
§ 48	Geothermal energy
§ 49	Wind energy on land
§ 50	Wind energy at sea
Section 51	Solar radiation energy

Section 5Special eligibility rules
(Flexibility)

Section 52	Eligibility for flexibility
Section 53	Flexibility surcharge for new plants
§ 54	Flexibility premium for existing installations

Section 6Special eligibility rules
(Tenders)

§ 55	Invitation to tender for the promotion of open-air facilities

Part 4Reconciler mechanism section 1Federal compensation

§ 56	Transmission to the transmission system operator
Section 57	Compensation between network operators and transmission system operators
Section 58	Compensation between transmission system operators
§ 59	Marketing by transmission system operators
§ 60	EEG-transfer for electricity supply undertakings
Section 61	EEG-Reposition for the final consumer and self-catering
Section 62	Subsequent corrections

Section 2Special compensation scheme

§ 63	Principle
Section 64	Power-intensive companies
Section 65	Rail tracks
Section 66	Application and decision-making
Section 67	Conversion of enterprises
Section 68	Withdrawal of the decision, information, right of access
Section 69	Duty of co-operation and information

Part 5Transparency Section 1Mitteilungs-und
Publication obligations

Section 70	Principle
Section 71	Asset Operator
Section 72	Network operator
Section 73	Transmission system operator
Section 74	Electricity supply undertakings
§ 75	Testation
Section 76	Information of the Federal Network Agency
Section 77	Information to the public

Section 2Electricity labelling
and double marketing ban

Section 78	Electricity labelling according to the EEG-Umlage
§ 79	Guarantees of origin
§ 80	Double marketing ban

Part 6Legal protection
and administrative procedures

§ 81	Clearingstelle
Section 82	Consumer protection
Section 83	Insectary legal protection
Section 84	Use of seawater roads
§ 85	Tasks of the Federal Network Agency
§ 86	Fines
Section 87	Fees and expenses

Part 7Regulation appropriations,
Reports, Transitional provisions Section 1Regulation

Section 88	Regulation authorisation to tender for the promotion of open-air installations
§ 89	Regulation authorisations for electricity production from biomass
§ 90	Regulation empowerment on sustainability requirements for biomass
Section 91	Regulation authorizing the compensation mechanism
§ 92	Regulation authorisation for guarantees of origin
Section 93	Regulation authorisations for the register of plants
Section 94	Regulation authorisations for the special compensation scheme
§ 95	Further Regulation
§ 96	Common provisions

Section 2Reports

Section 97	Experience Report
Section 98	Monitoring report
§ 99	Tender Report

Section 3Transitional provisions

§ 100	General transitional provisions
§ 101	Transitional provisions for electricity from biogas
Section 102	Transitional provision for the changeover to calls for tenders
Section 103	Transitional and hardship provisions on the special compensation scheme
Section 104	Other transitional provisions

Assets
Appendix 1:	Amount of the market premium
Appendix 2:	Reference yield
Appendix 3:	Conditions and amount of the flexibility premium
Appendix 4:	Electricity costs-or trade-intensive industries

Part 1
General provisions

Unofficial table of contents

§ 1 Purpose and purpose of the law

(1) The purpose of this law is to enable the sustainable development of energy supply, in particular in the interests of climate and environmental protection, and the economic costs of energy supply, including through the inclusion of long-term energy supply. (2) In order to achieve the objective of paragraph 1, the aim of this law is to promote the development of renewable energy sources and to promote the development of renewable energy technologies. (2) Share of electricity produced from renewable energy sources Increase gross electricity consumption continuously and cost-effectively to at least 80 per cent by 2050. To this end, this proportion shall be:

1.: 40 to 45 percent up to 2025 and
2.: 55 to 60 percent up to 2035.

(3) The objective set out in the second sentence of paragraph 2 is also to increase the share of renewable energy in total gross final energy consumption to at least 18 per cent by 2020. Unofficial table of contents

§ 2 Principles of the Law

(1) Electricity from renewable energy sources and from mine gas shall be integrated into the electricity supply system. The improved market and grid integration of renewable energies should contribute to a transformation of the entire energy supply system. (2) Electricity from renewable energies and from Grubengas is to be marketed directly for the purpose of market integration (3) The financial support for electricity from renewable energy sources and from mine gas should be concentrated more on low-cost technologies. In this connection, the medium-and long-term cost perspective must also be taken into account. (4) The costs for the financial support of electricity from renewable energy sources and mine gas should be taken into account, including the polluter pays principle and (5) The financial support and its amount should be determined for electricity from renewable energy sources and from mine gas by 2017 at the latest by calls for tenders. For this purpose, experience with a competitive assessment of the level of financial support is first collected for electricity from open-air systems. In the transition to calls for tenders, the diversity of actors in the generation of electricity from renewable energy sources should be preserved. (6) The calls for tenders under paragraph 5 are to be reinstalled at least 5 per cent of the annual number of tenders. Opening the service Europe-wide, to the

1.: there is an agreement under international law which provides for cooperation measures within the meaning of Articles 5 to 8 or Article 11 of Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy renewable sources and amending and subsequently repealing Directives 2001 /77/EC and 2003 /30/EC (OJ L 197, 21.7.2001, p. OJ L 140, 5.6.2009, p. 16),
2.: the promotion is based on the principle of reciprocity; and
3.: the physical import of the electricity can be detected.

Unofficial table of contents

§ 3 Building Path

The aims of the second sentence of Article 1 (2) shall be achieved by:

1.: an increase of the installed capacity of the wind energy plants on land by 2 500 megawatts per year (net),
2.: an increase in the installed capacity of the wind energy plants at sea to a total of 6 500 megawatts in 2020 and 15 000 megawatts in 2030,
3.: an increase of the installed capacity of the plants for the generation of electricity from solar radiation energy by 2 500 megawatts per year (gross) and
4.: an increase in the installed capacity of the plants for the generation of electricity from biomass by up to 100 megawatts per year (gross).

Unofficial table of contents

§ 4 Scope

This law applies to installations if and to the extent that the generation of electricity takes place in the Federal Republic of Germany, including the German exclusive economic zone. Unofficial table of contents

§ 5 Definitions

For the purposes of this law,

1.

"plant" means any device for the production of electricity from renewable energy sources or from mine gas; facilities also include facilities which include stored energy derived exclusively from renewable energy sources or mine gas, and in Convert electrical energy,

2.

"plant operator" means who uses the plant for the production of electricity from renewable energy sources or from mine gas, irrespective of the property,

3.

"invitation to tender" means an objective, transparent, non-discriminatory and competitive procedure for determining the level of financial support;

4.

"assessment performance" means the quotient of the sum of the kilowatt hours produced in the relevant calendar year and the sum of the full hours of the respective calendar year less the full hours before the initial production of electricity from renewable energy sources or from mine gas through the installation and after the final decommissioning of the plant,

5.

"balance sheet" means a balance sheet according to Section 3 (10a) of the German Energy Economic Law,

6.

"balance sheet contract" means a contract in accordance with Article 26 (1) of the Electricity Network Access Regulation,

7.

"Biogas" gas obtained by anaerobic digestion of biomass,

8.

"biomethane" means biogas or other gaseous biomass which has been prepared and fed into the natural gas network;

9.

"direct marketing" means the sale of electricity from renewable energy sources or from mine gas to third parties, unless the electricity is consumed in close proximity to the plant and is not conducted through a network,

10.

"direct marketing business operator", who is responsible for the direct marketing of electricity from renewable energy sources or mine gas from the plant operator, or who is purchasing electricity from renewable energy sources or from Grubengas in commercial terms, without inasmuch as To be the last consumer of this electricity or network operator,

11.

"Energy or environmental management system", a system that meets the requirements of DIN EN ISO 50 001, issue December 2011 ¹ , or a system within the meaning of Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation of organisations in a Community eco-management and management system, and Audit and repeal of Regulation (EC) No 761/2001, as well as Commission Decisions 2001 /681/EC and 2006 /193/EC (OJ L 197, 21.7.2001, p. 1), as amended,

12.

"own supply" means the consumption of electricity consumed by a natural or legal person in a direct geographical relationship with the power generation plant itself, if the electricity is not transmitted through a network and that person is responsible for the electricity consumption. power generation plant itself,

13.

"electricity supply undertaking" means any natural or legal person who supplies electricity to the final consumer;

14.

"Renewable energy"

a): water power including wave, tidal, salt gradient and flow energy,
b): wind energy,
c): solar radiation energy,
d): Geothermal energy,
e): Energy from biomass, including biogas, biomethane, landfill gas and sewage gas, as well as from the biodegradable fraction of waste from households and industry,

15.

"financial support" means the payment of the network operator to the plant operator on the basis of the claims in accordance with § 19 or § 52,

16.

"open-surface installation" means any installation for the production of electricity from solar radiation which is not present in, on or on a building or other construction plant which is primarily intended for purposes other than the generation of electricity from solar radiation; Radiation energy has been installed;

17.

"building" means any self-employed, covered building site which can be entered by humans and which is primarily intended to serve the protection of humans, animals or property,

18.

"Generator" means any technical device that converts mechanical, chemical, thermal or electromagnetic energy directly into electrical energy,

19.

"slurry" means any substance which is manure within the meaning of Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 June 2009 on the Adopted on 13 October 2009 laying down the health rules for animal by-products not intended for human consumption, and repealing Regulation (EC) No 1774/2002 (OJ L 327, 31.12.2002, p. 1), as defined by Directive 2010 /63/EU (OJ L 327, 22.12.2010, p. OJ L 276, 20.10.2010, p. 33),

20.

"certificate of origin" means an electronic document intended solely for the purpose of proving, in relation to a final consumer in the context of electricity labelling pursuant to Article 42 (1) (1) of the German Energy Law, that a certain proportion or a certain proportion of a certain amount of electricity from renewable energy sources has been generated,

21.

"commissioning" means the initial commissioning of the plant after the production of its technical operational readiness exclusively with renewable energy or mine gas; the technical readiness to operate requires that the plant be fixed to the The replacement of the generator or any other technical or structural parts after the initial entry into service has been installed on a permanent basis and permanently with the accessories required for the production of alternating current. does not lead to a change in the date of entry into service,

22.

"installed power" means an installation of the electrical power which the installation can technically perform without any time constraints in the case of normal operation, without prejudice to short-term minor deviations,

23.

"CHP plant" means a cogeneration plant within the meaning of Article 3 (2) of the Combined Heat and Power Law,

24.

"last consumer" means any natural or legal person who uses electricity;

25.

"monthly market value" of the actual monthly average value of the energy-carrier-specific market value of electricity from renewable energy sources or from mine gas on the spot market of the electricity exchange EPEX Spot SE in Paris for the price zone Germany/Austria in cents per kilowatt hour,

26.

"network" means the totality of the interconnected technical equipment for the acceptance, transmission and distribution of electricity for general supply;

27.

"network operator" means any operator of a general supply of electricity, irrespective of the level of voltage,

28.

"rail track" means any undertaking which, for the purpose of passenger or goods transport, vehicles, such as railways, magnetic levitation trains, trams or, on the basis of their construction and operation, similar trains on rails or those for the operation of such vehicles, to operate the necessary infrastructure,

29.

"storage gas" means any gas that is not renewable energy but is produced for the purpose of temporary storage of electricity from renewable energy only using electricity from renewable sources of energy,

30.

"Electricity from combined heat and power" means electricity within the meaning of § 3 (4) of the combined heat and power law,

31.

"transmission system operator" means the control system operator of high-voltage and high-voltage networks, which are responsible for the trans-regional transmission of electricity to downstream networks,

32.

"conversion" means any conversion of undertakings under the law of transformation or any transfer of all the assets of a company or company in the course of the singular succession,

33.

"environmental verifier" means any person or organisation which may act as environmental verifier or environmental verifier in the version in force in accordance with the provisions of the environmental law in force,

34.

"undertaking" means any association of persons or legal persons with legal capacity, which has a commercial establishment, established in a commercial manner and in accordance with the type and scope of the business, which, with the participation in general economic transport, has a lasting effect on the of its own profit-making intent,

35.

"shore wind turbine" means any installation for the generation of electricity from wind energy which is not a wind turbine at sea,

36.

"wind energy installation at sea" means any installation for the production of electricity from wind energy which has been erected on the sea at a distance of at least three nautical miles from the coastline from the sea; the coastline shall be the number in the number of the sea 2920 Deutsche Nordseeküste und contiguous waters, edition 1994, XII., as well as in the map number 2921 German Baltic Sea coast and adjacent waters, edition 1994, XII., of the Federal Maritime and Hydrographic Agency on a scale of 1:375 000 ² coastline,

37.

"residential building" means any building which, according to its intended purpose, is primarily used for housing, including residential, old and nursing homes, and similar facilities.

1: Official note: To be obtained from Beuth Verlag GmbH, 10772 Berlin, and in the German National Library in an archive-protected form.
2: Official note: To be received by the Federal Office for Maritime and Hydrography, 20359 Hamburg.

Footnote

(+ + + § 5 No. 21: For application see Section 100 (1) (10) (a + + +)
(+ + + § 5 No. 21, first half-sentence: For application, see Section 100 (2) sentence 1 + + +) Unofficial table of contents

§ 6 Plant register

(1) The Federal Network Agency for Electricity, Gas, Telecommunications, Post and Railways (Bundesnetzagentur) establishes and operates a directory in which plants are to be registered (asset registers). The asset register shall collect and provide the information required to:

1.: to promote the integration of electricity from renewable energy sources and mine gas into the electricity supply system;
2.: review the principles set out in § 2 (1) to (3) and the extension path according to § 3,
3.: to implement the lowering of the support in accordance with § § 28, 29 and 31,
4.: to facilitate the nationwide compensation of the electricity withdrawn and the financial support; and
5.: to facilitate the implementation of national, European and international reporting requirements for the development of renewable energy sources.

(2) Plant operators shall, in particular, transmit to the asset register:

1.: details of their person and contact details,
2.: the location of the plant,
3.: the energy source from which the electricity is generated,
4.: the installed capacity of the installation,
5.: an indication as to whether a financial support should be made available for the electricity produced in the plant.

(3) The system register shall be made available to the public for the purpose of improving the feasibility of the expansion of renewable energy sources. For this purpose, the data of the registered installations, with the exception of the information referred to in paragraph 2 (1), shall be published on the website of the register of installations and shall be updated at least monthly. (4) Information and the disclosure of the information stored in the register of assets to network operators and third parties shall be subject to a legal regulation pursuant to § 93. By means of a legal regulation according to § 93, it can also be regulated that the tasks of the asset register are to be fulfilled in whole or in part by the Federal Network Agency's comprehensive register of assets according to § 53b of the Energy Economic Law. Unofficial table of contents

§ 7 Legal Obligation

(1) Network operators may not make the performance of their obligations under this law subject to the conclusion of a contract. (2) Without prejudice to § 11 (3) and (4), the provisions of this Act may not be charged to the plant operator or to the operator. Network operator shall be dismissed. This does not apply to deviating contractual agreements to § § 5 to 55, 70, 71, 80 and 100 as well as to the legal regulations issued pursuant to this Act, which

1.: The subject of a process comparison within the meaning of Section 794 (1) (1) of the Code of Civil Procedure,
2.: the result of a procedure carried out by the parties to the clearing house in accordance with Article 81 (4), first sentence, point 1, or
3.: of a decision of the Federal Network Agency according to § 85.

Part 2
Connection, acceptance, transmission and distribution

Section 1
General provisions

Unofficial table of contents

§ 8 Port

(1) Network operators shall immediately attach priority to installations for the production of electricity from renewable energy sources and from mine gas to their network, which is appropriate with regard to the voltage level and which is shortest in the air line the distance to the site of the installation, if not this or another network has a technically and economically more favourable link point; in the case of the examination of the economically more favourable linking point, the link point shall be that directly to take account of the network connection costs. In the case of one or more installations with a total installed capacity of not more than 30 kilowatts, which are situated on a plot of land with a network connection already existing, the point of linking of the land with the net shall be considered to be the most favourable Linking point. (2) Plant operators may choose a different linking point of this or another network suitable for the voltage level, unless the resulting additional costs of the network operator are not (3) By way of derogation from the provisions of paragraphs 1 and 2 of the Annex, the network operator shall: Assign the other link point, unless the decrease in the current from the affected plant in accordance with § 11 paragraph 1 would not be ensured at this point of linkage. (4) The network connection obligation exists even if the decrease in the electricity is only possible through the optimization, reinforcement or expansion of the network in accordance with § 12. (5) Network operators must immediately have a precise timetable for the processing of the grid after receipt of a network connection request. Submit a network connection request. This timetable shall indicate:

1.: in which work steps the network connection request is processed and
2.: What information the feed-in consent has to send to the network operators from their area of responsibility, so that the network operators can identify the point of connection or carry out their planning according to § 12.

(6) Network operators shall, without delay and at the latest within eight weeks, transmit the following information to feed-in consent, after receipt of the necessary information:

1.: a timetable for the immediate production of the network connection with all the necessary steps,
2.: all information that feed-in willing to check the link point, and on request, the network data required for a network impact assessment,
3.: a comprehensible and detailed estimate of the costs incurred by the system operators by the grid connection; this estimate shall only cover the costs incurred by the technical production of the network connection; and in particular, not the costs of exploiting the use of foreign land for the laying of the power supply line,
4.: the information required for the performance of the obligations laid down in Article 9 (1) and (2).

The system operator's right in accordance with Article 10 (1) shall remain unaffected even if the network operator has transmitted the cost estimate in accordance with the first sentence of the first sentence of paragraph 3. Unofficial table of contents

§ 9 Technical specifications

(1) Plant operators and operators of cogeneration plants shall equip their installations with an installed capacity of more than 100 kilowatts with technical equipment with which the network operator shall at any time

1.: the power supply can be reduced remotely in the event of mains overload, and
2.: the actual feed-in can be obtained.

The obligation laid down in the first sentence shall also be deemed to be fulfilled if a number of installations using similar renewable energy sources and connected to the grid via the same link point are equipped with a common technical facility, with which: the network operator at any time

1.: Can reduce the total feed-in power in case of mains overload remotely and
2.: the total actual feed-in of the plants can be called up.

(2) Operators of plants for the generation of electricity from solar radiation energy

1.

with an installed capacity of more than 30 kilowatts and not more than 100 kilowatts, the obligation referred to in the first sentence of the first subparagraph of paragraph 1 or the second sentence of the first paragraph of paragraph 1 shall be fulfilled,

2.

, with an installed capacity not exceeding 30 kilowatts

a): comply with the obligation laid down in the first sentence of the first subparagraph of paragraph 1 or the second sentence of paragraph 1, point 1
b): at the point where they are connected to the network, limit the maximum power input to 70 percent of the installed power.

(3) A number of installations for the production of electricity from solar radiation energy shall be deemed to be an installation, irrespective of the ownership and exclusively for the purpose of determining the installed power referred to in paragraphs 1 and 2, as an installation if:

1.: they are located on the same property or building, and
2.: they have been put into service within 12 consecutive calendar months.

Where an obligation under paragraph 1 or 2 for a plant operator arises only from the installation of installations of another plant operator, he may require the operator to replace the costs arising therefrom. (4) As long as a network operator is responsible for the information in accordance with Article 8 (6), first sentence, point 4, the legal consequences referred to in paragraph 7 in the event of infringements of paragraph 1 or 2 shall not apply if:

1.: the plant operators or the operators of cogeneration plants have requested the system operator in writing or electronically for the transmission of the necessary information pursuant to Article 8 (6), first sentence, point 4, and
2.: the installations are equipped with technical equipment capable of turning the installations on and off and processing a communication signal of a receiving device.

(5) Operators of plants for the generation of electricity from biogas must ensure that the production of the biogas

1.: a new fermentation residue storage facility at the biogas production site is covered in a technically gas-tight manner,
2.: the hydraulic residence time in the gas-tight and gas-recycling system referred to in point 1 shall be at least 150 days; and
3.: additional gas consumption facilities are used to prevent the release of biogas.

Set 1 (1) and (2) shall not apply where only manure is used for the production of the biogas. In addition, the first point of point 2 shall not apply where the electricity generated in the installation is subject to the claim in accordance with § 19 in conjunction with § 45. (6) Wind energy plant operators on land which have been put into service before 1 January 2017 (7) The legal consequences of infringements of paragraphs 1, 2, 5 or 6 shall be governed by installations for which the following legal requirements are met: Electricity generation is based on a claim for financial support in accordance with § 19, according to § 25 Paragraph 2 (1). In the case of the other installations, the facility operator shall not be entitled to a priority acceptance, transfer and distribution according to § 11 for the duration of the infringement of paragraphs 1, 2, 5 or 6; in this case, operators of CHP plants shall lose their Claim for surcharge in accordance with § 4 (3) of the Force-Heat-Coupling Act or, insofar as such is not, its claim to priority network access pursuant to § 4 paragraph 4 of the Kraft-Heat-Coupling Act. (8) The duties and requirements in accordance with § § 21c, 21d and 21e of the German Energy Law and according to the provisions of § 21i (1) Legal regulations adopted by the Energy Industry Act remain unaffected.

Footnote

(+ + + § 9 (1) sentence 2: For application, see Section 104 (1) sentence 1 + + +)
(+ + + § 9 (4): For application, see Section 100 (1) (10) (e + + +) Unofficial table of contents

§ 10 Execution and use of the connection

(1) Plant operators shall be authorised to make the connection of the installations and the installation and operation of the measuring equipment, including the measurement, carried out by the network operator or by a competent third person. The provisions of § § 21b to 21h of the Energiewirtschaftsgesetz and the legal regulations issued pursuant to § 21i of the German Energy Act (Energiewirtschaftsgesetz) apply to the measurement site operation and measurement. (2) The execution of the connection and the remaining for the purpose of the measurement are valid. the safety of the network must comply with the necessary technical requirements of the network operator and § 49 of the Energy Economic Law. (3) When electricity from renewable energy sources is being fed in, or Grubengas is in favour of the plant operator § 18 (2) of the The lower-voltage regulation should be applied accordingly. Unofficial table of contents

§ 11 acceptance, transmission and distribution

(1) Network operators shall, subject to § 14, immediately physically remove, transfer and distribute the total electricity generated from renewable energy sources or from mine gas sold in an external form pursuant to section 20 (1). If the plant operator asserts the claim in accordance with § 19 in conjunction with § 37 or § 38, the obligation arising from the first sentence shall also include the commercial acceptance. The obligations under sentences 1 and 2 as well as the obligations under the first sentence of Article 4 (1) and the second sentence of paragraph 4 of the Force-Heat-Coupling Act shall be the same. (2) Paragraph 1 shall apply accordingly if the installation is to the network of the plant operator or a third person who is not a network operator is connected and the electricity is offered to a network by means of commercial-bilancial transfer. (3) The obligations referred to in paragraph 1 shall not exist, to the extent that the operator of the system or the operator is responsible for the supply of electricity. Direct marketing operators and network operators, without prejudice to § 15, for the better integration of the plant into the By way of exception, network contractually agree to deviate from the acceptance priority. When applying contractual agreements in accordance with the first sentence, it shall be ensured that the priority for electricity produced from renewable energy sources is adequately taken into account and that the largest possible amount of electricity from renewable energy sources is taken off as a whole. (4) The Furthermore, the obligations laid down in paragraph 1 shall not apply to the extent permitted by the Regulation. (5) The obligations of priority acceptance, transmission and distribution shall be in proportion to the receiving network operator who does not the transmission system operator,

1.: the upstream transmission system operator,
2.: the nearest domestic transmission system operator if no domestic transmission network is operated in the network area of the network operator that is authorized to operate, or
3.: in particular in the case of the transfer referred to in paragraph 2, any other network operator.

Footnote

(+ + + § 11 (5): For application, see Section 57 (2) sentence 2 + + +)
(+ + + § 11 (5) No. 2: For the application, see Section 57 (3) sentence 2 + + +)

Section 2
Capacity expansion and feed-in management

Unofficial table of contents

§ 12 Expansion of network capacity

(1) Network operators shall, at the request of the feed-in consent, immediately optimise, strengthen and develop their networks in accordance with the state of the art in order to carry out the reduction, transmission and distribution of electricity from renewable energy sources or mine gas to ensure. This claim shall also apply to the operators of upstream networks with a voltage of up to 110 kilovolts, to which the installation is not directly connected, if necessary, for the reduction, transmission and distribution of the electricity (2) The obligation shall cover all the technical equipment necessary for the operation of the network, as well as the connection installations which are owned or owned by the network operator. (3) The network operator shall: not optimize, strengthen and expand its network, insofar as this is economically is unreasonable. (4) The obligations pursuant to § 4 (1) of the Kraft-Heat-Coupling Act as well as in accordance with § 12 paragraph 3 of the Energy Economic Law remain unaffected. Unofficial table of contents

Section 13 Compensation

(1) If the network operator is obliged to fulfil its obligation pursuant to Section 12 (1) of this Regulation, the damage caused thereby may be replaced by a feed-in willingly incurred. The replacement obligation shall not occur if the network operator does not have to represent the breach of duty. (2) If the system operator has not complied with the obligation to comply with § 12 (1), plant operators shall be able to provide evidence that the network operator has not fulfilled its obligation to comply with § 12 (1). Request information from the network operator on whether and to what extent the network operator has optimized, strengthened and expanded the network. Unofficial table of contents

§ 14 Feed-in management

(1) Network operators shall, without prejudice to their obligation under Section 12, exceptionally, be allowed to connect to their network directly or indirectly connected plants and cogeneration plants, which shall be equipped with a device for remotely controlled reduction of feed-in power in the event of network congestion within the meaning of Article 9 (1) (1) (1) (1), (2) (1) or (2) (1) or (2) (a), in so far as:

1.: otherwise, in the respective network area, including the upstream network, there would be a network bottleneck,
2.: the priority shall be given to electricity from renewable energy sources, mine gas and combined heat and power, unless other electricity generators must remain on the grid in order to ensure the safety and reliability of the electricity supply system; and
3.: they have obtained the available data on the actual feed-in in the respective network region.

For the purpose of regulating the installations referred to in the first sentence, installations within the meaning of Article 9 (2) shall not be regulated until the rest of the annexes are to be regulated. In addition, network operators must ensure that the largest possible amount of electricity from renewable energy sources and combined heat and power is taken down. (2) Network operators must operate installations according to Article 9 (1) at the latest on the previous day; otherwise immediately inform about the expected date, scope and duration of the scheme, provided that the implementation of the measure is foreseeable. (3) Network operators must immediately inform those affected by the measures referred to in paragraph 1 about the actual points of time, the extent, duration and reasons of the inform and, on request, provide evidence of the necessity of the measure within four weeks. Evidence must enable a knowledgeable third person to be able, without further information, to fully understand the necessity of the measure; to that end, in the case of a failure after the first sentence of the first sentence, the last half-sentence shall be: in particular, to submit the data collected in accordance with the first sentence of paragraph 1. By way of derogation from the first sentence, the network operators may, in conjunction with paragraph 3, inform operators of installations in accordance with Article 9 (2) only once a year of the measures referred to in paragraph 1, provided that the total duration of those measures is 15 hours per plant in the This information must be made by 31 January of the following year. Section 13 (5), third sentence, of the Energy Economic Law remains unaffected.

Footnote

(+ + + § 14: For non-application cf. § 17d para. 6 EnWG 2005 + + +) Unofficial table of contents

§ 15 Case of hardship

(1) If the feed-in of electricity from an installation for the production of electricity from renewable energy sources, mine gas or combined heat and power generation is reduced because of a network bottleneck within the meaning of Article 14 (1), the network operator, on the network of which the plant is located, shall , by way of derogation from Article 13 (4) of the Energy Economic Law, the operators affected by the measure are responsible for 95 per cent of the lost revenue plus the additional expenses and less the savings saved to compensate. If the lost revenue in accordance with the first sentence exceeds 1 per cent of the revenue of this year in one year, the operators affected by the scheme shall be 100 per cent from that date to compensate. The network operator whose network is responsible for the scheme in accordance with § 14 shall replace the cost of the compensation to the network operator to whose network the installation is connected. (2) The network operator may be responsible for the costs referred to in paragraph 1 of this Regulation. To identify the network charges to the extent that the measure was necessary and that it has not to be represented. In particular, the network operator shall be responsible for representing them in so far as it has not exhausted all possibilities for optimisation, reinforcement and expansion of the network. (3) Claims for damages by plant operators against the network operator remain unaffected.

Footnote

(+ + + § 15: For non-application cf. § 17d para. 6 EnWG 2005 + + +)

Section 3
Cost

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§ 16 Network connection

(1) The necessary costs of connecting installations for the generation of electricity from renewable energy sources or from mine gas to the point of linking in accordance with § 8 (1) or (2) and the necessary measuring equipment for the collection of the delivered and the (2) In accordance with Section 8 (3), the network operator shall give the equipment a different point of connection, it shall bear the additional costs resulting therefrom. Unofficial table of contents

Section 17 Capacity expansion

The network operator shall bear the costs of the optimisation, reinforcement and expansion of the network. Unofficial table of contents

§ 18 Contractual Agreement

(1) Network operators may, as a result of the agreement in accordance with Article 11 (3), take the proven amount of costs incurred in determining the network charge, insofar as these costs are economically appropriate with regard to § 1 or § 2 (1). (2) The costs shall be subject to the verification of efficiency by the regulatory authority in accordance with the provisions of the Energy Economics Act.

Part 3
Financial support

Section 1
General eligibility rules

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Section 19 Funding entitlement for electricity

(1) Operators of installations in which only renewable energy or mine gas are used shall have a claim against the network operator for the electricity generated in these installations.

1.: the market premium in accordance with § 34 if it directly markets electricity and leaves the system operator the right to label this electricity as "electricity from renewable energy or mine gas" (promoted direct marketing); or
2.: to a feed-in tariff according to § 37 or § 38, if they provide the electricity to the network operator and insofar as this is exceptionally permitted by way of derogation from § 2 (2).

(2) The expected payments referred to in paragraph 1 shall be 15 months each month. (3) The claim referred to in paragraph 1 shall not be due and the right to monthly deductises referred to in paragraph 2 shall not be due as long as the operator of the system is responsible for the transmission of data for the (4) The claim referred to in paragraph 1 shall also exist if the electricity has been temporarily stored in the network prior to being fed into the network. In this case, the claim relates to the amount of current which is fed into the network from the intermediate memory. The level of support shall be determined by the amount of the financial support which the network operator, as referred to in paragraph 1, would have to pay to the plant operator when the electricity is fed into the network without intermediate storage. The claim referred to in paragraph 1 shall also consist of a mixed use of renewable energy sources and storage gases.

Footnote

(+ + + § 19 (2) and 3: For use, see Section 52 (2) + + +) Unofficial table of contents

§ 20 Change between divestment forms

(1) Plant operators shall, with each installation, only change the first calendar day of one month between the following forms of divestment:

1.: the direct marketing promoted,
2.: other direct marketing,
3.: the feed-in tariff according to § 37 and
4.: the feed-in tariff according to § 38.

(2) Plant operators may divide the electricity generated in their installations into different forms of divestment as referred to in paragraph 1, point 1, 2 or 3. In this case, they must be shown to comply with the percentages at any time. (3) Without prejudice to paragraph 1, plant operators may at any time

1.: change their direct marketing business, or
2.: divest the electricity in full or in part to third parties, provided that they consume the electricity in the immediate vicinity of the plant and the electricity is not passed through a network.

Footnote

(+ + + § 20: For application, see Section 100 (1) (10) (c) + + +) Unofficial table of contents

Section 21 Procedure for change

(1) Plant operators shall notify the network operator of a change between the forms of divestment in accordance with § 20 (1) before the beginning of the preceding calendar month. If they switch to or out of the divestment form in accordance with Section 20 (1) (4), they may notify the operator of a change from the first sentence of the previous month to the last five-month working day of the previous month. (2) In the case of the notifications referred to in paragraph 1, The plant operators also indicate:

1.: the form of disposal referred to in Article 20 (1), which is to be changed;
2.: in the event of a change to direct marketing pursuant to section 20 (1) (1) or (2), the balance sheet to which the directly marketed electricity is to be allocated; and
3.: in the case of a percentage distribution of the electricity to different forms of sale in accordance with Article 20 (2), the percentages to which the electricity is allocated to the forms of disposal.

(3) In so far as the Federal Network Agency has adopted a definition in accordance with Article 85 (3) (3), plant operators must use the established procedure and format for the transmission of notifications under paragraphs 1 and 2.

Footnote

(+ + + § 21: For application, see Section 100 (1) (10) (c) + + +) Unofficial table of contents

§ 22 Start of funding and funding period

The financial support must be paid in each case for the duration of 20 calendar years plus the commissioning year of the installation. The beginning of the period in accordance with the first sentence shall be the date when the installation is put into service, unless otherwise indicated in the following provisions.

Footnote

(+ + + § 22: For application, see Section 26 (1) sentence 3 + + +) Unofficial table of contents

Section 23 Calculation of support

(1) The amount of the right to financial support shall be determined in accordance with the values for electricity produced from renewable energy sources or from mine gas, which are to be used as the basis for the calculation. The amount to be applied is the amount to be used for the calculation of the market premium or the feed-in tariff for electricity from renewable energy sources or from Grubengas according to § § 40 to 51 or 55 in cent per kilowatt hour. (2) The amount of the legends to be applied Values for electricity, which are promoted as a function of the rated power or the installed capacity of the plant, shall be determined

1.: in the case of financial support for electricity from solar radiation energy, in proportion to the installed capacity of the system in proportion to the threshold to be applied in each case, and
2.: In the case of financial support in all other cases, in each case proportionally according to the rated power of the installation.

(3) The value of turnover tax is not included in the values to be applied. (4) The amount of the right to financial support shall be reduced

1.: in accordance with § 24 in the case of negative prices,
2.: in accordance with Articles 25, 47 (4) or I.5 of Appendix 3 in the event of a breach of a provision of that law,
3.: in accordance with § § 26 to 31 on the basis of the degressive form of financial support;
4.: in accordance with Article 37 (3) or Article 38 (2), in connection with the use of a feed-in tariff,
5.: in accordance with the second sentence of Article 47 (1), for the proportion of electricity produced in a calendar year from biogas, or
6.: in accordance with § 55 (3) for electricity from open-air installations.

Unofficial table of contents

Section 24 Reduction of funding at negative prices

(1) If the value of the hourly contracts for the Germany/Austria price zone on the spot market of the electricity exchange EPEX Spot SE in Paris is negative for at least six consecutive hours, the value to be applied shall be reduced in accordance with the second sentence of Article 23 (1). for the whole period during which the hourly contracts are negative without interruption, to zero. (2) If the electricity in a calendar month in which the conditions referred to in paragraph 1 are met at least once, in the feed-in tariff in accordance with § 38 , the plant operator shall be responsible for the transmission of data in accordance with § 71 (1) indicate the amount of electricity it has supplied during the period in which the hourly contracts have been negative without interruption; otherwise, the claim under section 38 shall be reduced by 5 per cent per calendar day in this calendar month, in (3) The provisions of paragraphs 1 and 2 shall not apply to:

1.: Installations which have been put into service before 1 January 2016,
2.: wind turbines with an installed capacity of less than 3 megawatts or other installations with an installed capacity of less than 500 kilowatts, in accordance with section 32 (1), first sentence, in accordance with the first sentence of paragraph 32 of this Article;
3.: Demonstration projects.

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Section 25 Reduction of the promotion in case of compulsory infringements

(1) The value to be applied in accordance with Article 23 (1) sentence 2 shall be reduced to zero;

1.: as long as plant operators have not provided the information necessary for the registration of the installation in accordance with the terms of the legal regulation according to § 93,
2.: until such time as plant operators have submitted an increase in the installed power of the installation according to § 93 of a plant registered in accordance with the legal regulation in accordance with § 93 of the Law,
3.: if plant operators are in breach of Article 20 (2), second sentence,
4.: as long as the proof referred to in § 100 (2) sentence 3 has not been provided for installations pursuant to § 100 (2) sentence 2.

The first subparagraph of paragraph 1 shall apply until the end of the third calendar month following the termination of the infringement of the second sentence of Article 20 (2). (2) The value to be applied in accordance with Article 23 (1) sentence 2 shall be reduced to the monthly market value,

1.: as long as plant operators are in breach of § 9, paragraph 1, 2, 5 or 6,
2.: if plant operators have not communicated to the network operator the change between the various forms of sale in accordance with Article 20 (1) in accordance with section 21 of this Article,
3.: as long as plant operators providing the electricity generated in the plant to the network operator pursuant to section 19 (1) point 2 are in breach of Section 39 (2), but at least for the duration of the entire calendar month in which such a breach is,
4.: if plant operators are in breach of the obligations laid down in § 80,
5.: insofar as the installation or operation of the plant serves to fulfil the model function of public buildings pursuant to a national law in accordance with Section 3 (4) (1) of the Renewable Energies Heat Act, and if the installation does not CHP plant.

The reduction shall apply to the end of the calendar month following the cessation of the infringement in the case of the first point number 2 and, in the case of the first sentence, point 4, for the duration of the infringement, plus the following six calendar months.

Footnote

(+ + + § 25: For application, see Section 100 (1) (3) + + +) Unofficial table of contents

Section 26 General provisions for the reduction of the support

(1) The values to be applied shall be based on the calculation of financial support, without prejudice to § § 100 and 101.

1.: for electricity produced from installations for the generation of electricity from solar radiation, which have been put into operation before 1 September 2014,
2.: for electricity from installations for the generation of electricity from geothermal energy and for electricity from wind turbines at sea, which have been put into service before 1 January 2018; and
3.: for electricity from other installations which have been put into service before 1 January 2016.

They shall also be based on the calculation of financial support for electricity from installations which shall be put into service from the dates referred to in the first sentence, on the understanding that the values to be laid down shall be based on the conditions laid down in Articles 27 to 31, 37 (3) and § 38 (2) sentence 1. The values to be applied at the time of commissioning are to be applied in each case for the entire duration of the funding according to § 22. (2) The publications necessary for the application of Sections 28, 29, 31 and I.5 of Appendix 3 are required, Including the publication of the applicable applicable values in accordance with § § 28, 29 and 31, the legal regulation shall govern according to § 93, and shall be published for each calendar month until the end of the following month in accordance with the provisions of this Regulation. shall be:

1.

for installations for the production of electricity from biomass:

a): the sum of the installed capacity of the installations which have been registered as being put into service during that period (gross production),
b): the sum of the installed power, which will be put into operation for the first time after 31 July 2014 in installations which have been put into service before 1 August 2014,

2.

for wind turbines on land:

a): the sum of the installed capacity of the installations which have been registered as being put into service during that period;
b): the sum of the installed capacity of the installations which have been registered as permanently closed during that period; and
c): the difference between the values referred to in points (a) and (b) (net addition),

3.

for installations for the production of electricity from solar radiation energy, the sum of the installed capacity of the installations which have been registered as being in operation during this period (gross supply).

(3) The values to be applied shall be rounded after the calculation in accordance with paragraph 1 in conjunction with § § 27 to 31 in two places after the comma. For the purpose of calculating the amount of the values to be applied on the basis of a renewed adjustment in accordance with paragraph 1 in conjunction with § § 27 to 31, the unjust values of the previous adjustment shall be based.

Footnote

(+ + + § 26: For application see Section 100 (1) (10) (b) + + +)
(+ + + § 26 (3) sentence 1: For application, see Section 38 (2) sentence 2 + + +)
Section 26 para. 2 no. 2 Inbox italics: Due to obvious inaccuracy, the word "wind energy plants" has been replaced by "wind energy plants" Unofficial table of contents

§ 27 lowering of the funding for electricity from hydropower, landfill gas, sewage gas, mine gas and geothermal energy

(1) The values to be applied shall be reduced annually from 2016 on 1 January for electricity

1.: Water power according to § 40 by 0.5 percent,
2.: Landfill gas according to § 41 by 1.5 percent,
3.: Clarion gas according to § 42 by 1.5 percent and
4.: Grub gas after § 43 by 1.5 percent.

(2) The values to be applied for electricity from geothermal energy according to § 48 shall decrease by 5.0 per cent from the year 2018 on 1 January.

Footnote

(+ + + § 27: For application, see Section 100 (1) (10) (b) + + +) Unofficial table of contents

§ 28 lowering of the funding for electricity from biomass

(1) The gross production of plants for the production of electricity from biomass shall not be more than 100 megawatts of installed capacity per year. (2) The values to be applied according to § § 44 to 46 shall be reduced from the year 2016 to 1 January each year, 1. April, 1 July and 1. (3) The reduction referred to in paragraph 2 increases to 1.27 per cent if the reduction referred to in Article 26 (2) (1) (a) (1) (a) is increased by 0.5%. the gross production of installations for the production of electricity from biomass for the whole reference period referred to in paragraph 4 shall exceed the objective referred to in paragraph 1. (4) Reference period shall be the period after the last calendar day of the 18. The month and before the first calendar day of the fifth month preceding a date referred to in paragraph 2.

Footnote

(+ + + § 28: For application cf. Section 100 (1) (10) (b) + + +) Unofficial table of contents

§ 29 lowering of the support for electricity from wind energy on land

(1) The target corridor for the net construction of wind turbines on land is 2 400 to 2 600 megawatts per year. (2) The values to be applied in accordance with § 49 shall be reduced from the year 2016 on 1 January, 1 April, 1 July and 1. (3) The reduction in the values to be applied in accordance with paragraph 2 shall be increased if the values referred to in Article 26 (2) (2) (c) are to be reduced. Net addition of wind energy plants to land in the whole reference period referred to in paragraph 6 shall be the target corridor referred to in paragraph 1

1.: by up to 200 megawatts, to 0.5 percent,
2.: by more than 200 megawatts, to 0.6 percent,
3.: by more than 400 megawatts, to 0.8 percent,
4.: by more than 600 megawatts, to 1.0 percent, or
5.: by more than 800 megawatts, to 1.2 percent.

(4) The reduction in the values to be applied in accordance with paragraph 2 shall be reduced if the net addition of wind energy installations to land published in accordance with Article 26 (2) (2) (c) in the entire reference period referred to in paragraph 6 shall be reduced to the target corridor referred to in paragraph 1

1.: by up to 200 megawatts, up to 0.3 percent,
2.: by more than 200 megawatts, down to 0.2 percent, or
3.: by more than 400 megawatts, to zero.

(5) The reduction of the values to be applied in accordance with paragraph 2 shall be reduced to zero and the values to be applied shall be increased in accordance with § 49 against the applicable values in force in the preceding three calendar months, if the value of the values referred to in § 26 paragraph 2 (2) (c), net addition of wind energy plants to land in the whole reference period referred to in paragraph 6 shall be the target corridor referred to in paragraph 1

1.: by more than 600 megawatts, down 0.2 percent, or
2.: by more than 800 megawatts, down 0.4 percent.

(6) Reference period shall be the period after the last calendar day of the 18. The month and before the first calendar day of the fifth month preceding a date referred to in paragraph 2.

Footnote

(+ + + § 29: For application, see Section 100 (1) (10) (b) + + +) Unofficial table of contents

§ 30 lowering of the support for electricity from wind energy at sea

(1) For electricity generated from wind energy at sea, the values to be applied shall be reduced

1.

pursuant to Article 50 (2)

a): 1 January 2018 by 0.5 cents per kilowatt hour,
b): by 1 January 2020, by 1.0 cent per kilowatt hour; and
c): from 2021 to 1 January each year by 0.5 cents per kilowatt hour,

2.

pursuant to § 50 (3) as of 1 January 2018, by 1.0 cent per kilowatt hour.

(2) By way of derogation from the second sentence of Article 26 (1) and the date of the operational readiness of the wind energy plant at sea in accordance with Article 17e (2) sentence 1 and 4 of the Energy Economic Act, the application of paragraph 1 shall be decisive if the network connection is is not completed at the mandatory completion date in accordance with Section 17d (2) sentence 5 of the Energy Economic Law. Unofficial table of contents

§ 31 lowering of the support for electricity from solar radiation energy

(1) The target corridor for the gross production of installations for the generation of electricity from solar radiation energy is 2 400 to 2 600 megawatts per year. (2) The values to be laid down in accordance with § 51 shall be reduced monthly from 1 September 2014 to the first The calendar day of one month by 0.5 per cent compared with the applicable values in force in the previous calendar month. The monthly reduction in accordance with the first sentence shall be increased or shall be reduced by 1 January, 1 April, 1 July and 1 respectively. (3) The monthly reduction of the values to be applied in accordance with the second sentence of paragraph 2 shall be increased if the gross addition of installations for the production of electricity from solar power, published in accordance with Article 26 (2) (3), is Radiation energy in the whole reference period referred to in paragraph 5, the target corridor referred to in paragraph 1

1.: by up to 900 megawatts, to 1.00 percent,
2.: by more than 900 megawatts, to 1.40 percent,
3.: by more than 1,900 megawatts, to 1.80 percent,
4.: by more than 2,900 megawatts, to 2.20 percent,
5.: by more than 3,900 megawatts, to 2.50 percent, or
6.: by more than 4,900 megawatts, to 2.80 percent.

(4) The monthly reduction of the values to be applied in accordance with the second sentence of paragraph 2 shall be reduced if the gross addition of installations for the production of electricity from solar radiation energy published in accordance with Article 26 (2) (3) throughout the reference period in accordance with paragraph 5, the target corridor referred to in paragraph 1

1.: by up to 900 megawatts, to 0.25 percent,
2.: by more than 900 megawatts, to zero, or
3.: by more than 1 400 megawatts, to zero; the values to be applied in accordance with § 51 shall increase by 1.50 per cent on the first calendar day of the respective quarter.

(5) Reference period shall be the period after the last calendar day of the 14. Month and before the first calendar day of the last month preceding a date referred to in paragraph 2. (6) If the sum of the installed capacity of funded installations for the generation of electricity from solar radiation energy is the first to be 52 000 In the case of megawatts, the values to be applied shall be reduced to zero in accordance with Section 51 of the first calendar day of the second calendar month following the first calendar day of the second calendar month. Subsidised plants are all plants for the generation of electricity from solar radiation energy,

1.: which have been registered under the terms of the legal regulation pursuant to Section 93 of the Regulation as a subsidised installation,
2.: for the location and the installed capacity pursuant to Article 16 (2) sentence 2 of the Renewable Energy Act, as amended on 31 December 2011, in accordance with Article 17 (2) (1) (a) of the German Renewable Energy Act (Renewable Energies Act) in the German Renewable Energy Act (Renewable Energies Act) as amended on 31 March 2012 , or pursuant to Article 17 (2) (1) (a) of the Renewable Energy Act, as amended on 31 July 2014, to the Federal Network Agency, or
3.: which have been put into service before 1 January 2010; the sum of the installed capacity shall be the Bundesnetzagentur, taking into account the notifications in its photovoltaic reporting portal and the data of the transmission system operators and the transmission system operator, Statistical Federal Office.

Unofficial table of contents

Section 32 Support for electricity from several plants

(1) A number of installations shall be deemed to be an installation, irrespective of the ownership and sole purpose of determining the claim in accordance with § 19 for the most recently commissioned generator as an installation, if:

1.: they are located on the same plot of land or in close proximity to them,
2.: they generate electricity from similar renewable energy sources,
3.: the electricity produced in them is financially supported in accordance with the provisions of this Act, as a function of the rate of assessment or the installed capacity of the installation; and
4.: they have been put into service within 12 consecutive calendar months.

By way of derogation from the first sentence, a number of installations shall be the same irrespective of the ownership and shall be the sole purpose of determining the claim in accordance with § 19 for the most recent generator of an installation, if it is to be supplied with electricity, Biogas with the exception of biomethane produced and the biogas coming from the same biogas plant. (2) Without prejudice to the first sentence of paragraph 1, a number of installations pursuant to section 51 (1) (2) and (3) shall be independent of the ownership and exclusive ownership of the biogas. For the purpose of determining the claim in accordance with § 19 for the most recently put into operation Generator of an asset equal if it

1.: within the same municipality responsible for the adoption of the Bebau Plan, and
2.: have been put into operation within 24 consecutive calendar months at a distance of up to 2 kilometres in the air line, measured from the outer edge of the respective installation.

(3) Plant operators may charge electricity from a number of plants using similar renewable energy sources or mine gas via a common measuring device. In this case, the installed capacity of each individual installation shall be relevant for the calculation of the support subject to the provisions of paragraph 1. (4) Electricity from several wind turbines shall be calculated by means of a common measuring device. by way of derogation from paragraph 3, the allocation of the quantities of electricity to the wind energy plants in relation to the reference yield.

Footnote

(+ + + § 32 (1): For application, see Section 52 (2) + + +)
(+ + + § 32 (1) sentence 1: For application, see Section 24 (3) (2), section 37 (4) and (4) Section 61 (2) (4) + + +)
(+ + + § 32 (1) sentence 1: For application, see § 7 para. 3 sentence 3 AusglMechV 2015 + + +)
(+ + + § 32 (3) and 4: For use, see Section 72 (1) (2) + + +) Unofficial table of contents

§ 33 Invoice

(1) The netting of claims of the plant operator in accordance with § 19 with a claim by the network operator shall only be permissible insofar as the claim is undisputed or has been legally established. (2) The prohibition of settlement of § 23 (3) of the The low-voltage terminal regulation does not apply to the extent that it is charged with claims arising from this law.

Footnote

(+ + + § 33: For application, see Section 52 (2) + + +)
(+ + + § 33 (1): For application, see Section 57 (5) sentence 3 + + +)

Section 2
Subsidised direct marketing

Unofficial table of contents

Section 34 Market premium

(1) Plant operators may, for electricity produced from renewable energy or mine gas, which they market directly in accordance with Article 20 (1) (1) and which has actually been fed in and be removed from a third party, by the network operator, Market premium. (2) The amount of the market premium is calculated on a calendar month. The calculation shall be carried out retrospectively on the basis of the values calculated for each calendar month according to Appendix 1.

Footnote

(+ + + § 34: For application, see Section 100 (1) (10) (c) + + +) Unofficial table of contents

Section 35 Conditions of the market premium

The right to payment of the market premium shall apply only if:

1.

the electricity is not used for a rental network charge in accordance with the first sentence of section 18 (1) of the Electricity Network Regulation;

2.

the electricity is generated in an installation which is remotely controllable within the meaning of Article 36 (1), and

3.

the electricity is accounted for in a balance sheet or sub-balance sheet, in which only the following electricity is accounted for:

a): electricity produced from renewable energy sources or from Grubengas, which is directly marketed in the form of the divestment referred to in Article 20 (1) (1); or
b): Electricity which is not covered by point (a) and whose adjustment to the balance sheet or sub-balance sheet is not to be represented by the plant operator or the direct marketing operator.

The condition set out in point 2 of the first sentence does not have to be fulfilled before the start of the second calendar month following the installation of the installation.

Footnote

(+ + + § 35: For application, see Section 100 (1) (10) (c) + + +)
(+ + + § 35, sentence 1, point 2): For the purposes of application, see Section 100 (1) (5) + + +) Unofficial table of contents

§ 36 Remote Control

(1) Equipment shall be remotely controllable within the meaning of section 35, first sentence, point 2, if the plant operators

1.

, the technical equipment required to ensure that a direct marketing operator or any other person to which the electricity is sold at any time

a): is able to retrieve the respective actual feed and
b): the feed power can be reduced remotely, and

2.

to the direct marketing operator or to the other person to whom the electricity is sold, to grant the power, at any time

a): the respective actual feed-in and
b): To reduce the feed-in power in a remote-controlled manner to a level which is necessary for a demand-oriented feed-in of the electricity and which is not demonstrably excluded in accordance with the requirements of the approval requirements.

The first point of point 1 shall also be fulfilled if, for a number of installations connected to the network through the same linking point, joint technical facilities with which the direct marketing entrepre or the other person shall be held shall be satisfied: (2) For installations in which measurement systems within the meaning of § 21d of the German Energy and Energy Act (Energiewirtschaftsgesetz) according to § 21d of the German Energy Industry Act (Energiewirtschaftsgesetz) are are to be incorporated in the Energy Economy Act, which meets the requirements of § 21e of the In accordance with the Energy Economics Act, the measurement system must be used to retrieve the actual feed-in and the remote-controlled reduction of the feed-in power in accordance with paragraph 1; § 21g of the Energy Economic Law must be observed. As long as the installation of a measuring system is not technically possible within the meaning of § 21c (2) of the German Energy Law, the Federal Office for Security and Safety (Bundesamt für Sicherheit in der Bundesamt für Sicherheit in der Bundesamt für Sicherheit in der Energiewirtschaftsgesetz) Information technology transmission techniques and transmission paths which correspond to the state of the art when the plant is put into operation; § 21g of the Energy Economic Law must be observed. (3) The use of the technical equipment referred to in the first sentence of the first sentence of paragraph 1, and the use of the technical equipment referred to in the first sentence of paragraph 1, shall be applicable to installations where, for other reasons, there is no obligation to install a measuring system in accordance with Section 21c of the Energy the power granted to the direct marketing operator or the other person pursuant to paragraph 1, first sentence, point 2 shall not restrict the right of the network operator to manage the feed in accordance with Section 14.

Footnote

(+ + + § 36: For application, see Section 100 (1) (10) (c) + + +)

Section 3
Feed-in tariff

Unofficial table of contents

§ 37 Feed-in tariff for small plants

1.: for electricity from installations which have been put into service before 1 January 2016 and have an installed power of not more than 500 kilowatts, and
2.: for electricity from installations which have been put into service after 31 December 2015 and have an installed power of not more than 100 kilowatts.

(3) The amount of the feed-in tariff shall be calculated from the values to be applied and in § § 20 to 32, with the values to be applied before the reduction in accordance with § § 26 to 31.

1.: 0.2 cent per kilowatt hour for electricity in the sense of § § 40 to 48
2.: 0.4 cent per kilowatt hour for electricity in the sense of § § 49 to 51.

(4) Regardless of the ownership and the sole purpose of determining the installed capacity referred to in paragraph 2, the first sentence of Article 32 (1) shall apply accordingly.

Footnote

(+ + + § 37: For the application, see Section 100 (1) (6) + + +) Unofficial table of contents

§ 38 Feed-in tariff in exceptional cases

(1) Plant operators may require a feed-in tariff for electricity produced from renewable energy sources or mine gas, which they provide to the network operator pursuant to Article 20 (1) (4). (2) The amount of the electricity Feed-in tariff is calculated from the values to be applied and § § 20 to 32, whereby the values to be applied after the reduction in accordance with § § 26 to 31 decrease by 20 per cent compared to the value to be applied according to § 26 paragraph 3 sentence 1. Section 26 (3), first sentence, shall apply mutagenly to the values to be applied in accordance with the first sentence. Unofficial table of contents

Section 39 Common provisions relating to feed-in tariff

(1) The right to a feed-in tariff only exists for electricity which has actually been taken down by a network operator in accordance with § 11. (2) Plant operators who make electricity available to the network operator pursuant to Article 20 (1) (3) or (4), from that date and for that period, the network operator shall be required to supply the entire electricity produced in that installation,

1.: for which there is a claim in accordance with § 19,
2.: which is not consumed in close proximity to the plant, and
3.: that is passed through a network,

shall be made available. You are not allowed to participate in the control energy market with this facility.

Section 4
Special support provisions (divisions)

Unofficial table of contents

§ 40 Hydropower

(1) For hydroelectric power, the value to be applied shall be:

1.: up to and including a rated power of 500 kilowatts of 12.52 cents per kilowatt hour,
2.: Up to and including a rated power of 2 megawatts, 8.25 cents per kilowatt hour,
3.: up to and including a rated power of 5 megawatts, 6.31 cents per kilowatt hour,
4.: up to and including a rated power of 10 megawatts, 5.54 cents per kilowatt hour,
5.: up to and including a rated power of 20 megawatts, 5.34 cents per kilowatt hour,
6.: up to and including a rated power of 50 megawatts, 4.28 cents per kilowatt hour,
7.: From a rated power of more than 50 megawatts, 3.50 cents per kilowatt hour.

(2) The right to financial support shall also apply to electricity from installations which have been put into service before 1 January 2009, if, after 31 July 2014, the performance of the plant by a water-legally approved treatment measure has been increased. Sentence 1 shall apply to non-admission requirements if the performance has been increased by at least 10 per cent. The claim referred to in the first or second sentence shall consist of the completion of the measure for a period of 20 years plus the remainder of the year in which the grant measure has been completed. (3) For hydropower, electricity from hydropower, which is Installations referred to in paragraph 2 with an installed power of more than 5 megawatts shall be eligible for financial assistance only for the electricity to be attributed to the increase in the performance referred to in the first or second sentence of paragraph 2. If the installation had an installed capacity up to and including 5 megawatts before 1 August 2014, the electricity which corresponds to this benefit is the right under the current rules. (4) The right to financial compensation The promotion referred to in paragraph 1 shall consist only of the installation of the installation

1.: in the context of a plant which is wholly or partly already existing or which is to be re-established for purposes other than the production of electricity from hydroelectric power, or
2.: without continuous cross-lining.

Footnote

(+ + + § 40 (1): For application, see Section 100 (1) (10) (b) + + +) Unofficial table of contents

Section 41 Deponiegas

For electricity from landfill gas, the value to be applied shall be:

1.: Up to and including a rated power of 500 kilowatts of 8.42 cents per kilowatt hour, and
2.: up to and including a rated power of 5 megawatts, 5.83 cents per kilowatt hour.

Footnote

(+ + + § 41: For application, see Section 100 (1) (10) (b) + + +) Unofficial table of contents

Section 42 clarifying gas

For electricity from sewage gas, the value to be applied

1.: up to and including a rated power of 500 kilowatts of 6.69 cents per kilowatt hour, and
2.: up to and including a rated power of 5 megawatts, 5.83 cents per kilowatt hour.

Footnote

(+ + + § 42: For application, see Section 100 (1) (10) (b) + + +) Unofficial table of contents

§ 43 Grubengas

(1) For electricity from mine gas, the value to be applied shall be:

1.: up to and including a rated power of 1 megawatt 6.74 cents per kilowatt hour,
2.: Up to and including a rated power of 5 megawatts, 4.30 cents per kilowatt hour, and
3.: From a rated power of more than 5 megawatts, 3.80 cents per kilowatt hour.

(2) The claim referred to in paragraph 1 shall consist only if the mine gas comes from mines of active or disused mining.

Footnote

(+ + + § 43: For application see Section 100 (1) (10) (b) + + +) Unofficial table of contents

§ 44 Biomass

For electricity from biomass in the sense of the biomass regulation, the value to be applied shall be

1.: up to and including a rated power of 150 kilowatts of 13.66 cents per kilowatt hour,
2.: up to and including a rated power of 500 kilowatts of 11.78 cents per kilowatt hour,
3.: up to and including a rated power of 5 megawatts, 10.55 cents per kilowatt hour, and
4.: Up to and including a rated power of 20 megawatts, 5.85 cents per kilowatt hour.

Footnote

(+ + + § 44: For application, see Section 100 (1) (10) (b) + + +) Unofficial table of contents

Section 45 Fermentation of bio-waste

(1) In the case of electricity from installations in which biogas is used, by anaerobic digestion of biomass for the purposes of the biomass regulation, with a proportion of separately collected bio-waste within the meaning of the waste key number 20 02 01, 20 03 01 and 20 03 02 the number 1 in Annex 1 to the Biowaste Regulation has been obtained from an average of at least 90% by mass in the calendar year concerned, the value to be applied shall be:

1.: Up to and including a rated power of 500 kilowatts of 15.26 cents per kilowatt hour, and
2.: up to and including a rated power of 20 megawatts, 13.38 cents per kilowatt hour.

(2) The right to financial support exists only if the facilities for anaerobic digestion of the bio-waste are directly linked to a device for the post-rotting of the solid fermentation residues and the post-tanned fermentation residues are material shall be taken into account.

Footnote

(+ + + § 45: For application, see Section 100 (1) (10) (b) + + +) Unofficial table of contents

§ 46 fermentation of liquid manure

For electricity produced from installations using biogas produced by anaerobic digestion of biomass within the meaning of the Biomass Regulation, the value to be applied shall be 23.73 cents per kilowatt hour, if:

1.: the electricity is generated at the site of the biogas plant,
2.: the total installed capacity at the site of the biogas plant is at most 75 kilowatts, and
3.: for the production of the biogas in the relevant calendar year, an average of at least 80% by mass of liquid manure, with the exception of poultry mist and dry poultry meat, is used.

Footnote

(+ + + § 46: For application, see Section 100 (1) (10) (b) + + +) Unofficial table of contents

Section 47 Common provisions for electricity from biomass and gases

(1) The right to financial support for electricity from biogas is for electricity produced in installations with an installed capacity of more than 100 kilowatts, only for the proportion of the electricity generated in a calendar year, which shall be: The measurement performance of the installation corresponds to 50 percent of the value of the installed power. For the excess amount of electricity generated in the calendar year, the right to financial support in the form of disposal pursuant to section 20 (1) (1) shall be reduced to zero and in the forms of divestment pursuant to § 20 (1) (1) (1) (1) (1) (1) (1)) 3 and 4 to the monthly market value. (2) The right to financial support for electricity from biomass is also only available,

1.: if the plant operator carries out a copy of an insert diary containing information and evidence on the type, quantity and unit and origin of the substances used, proof of which biomass and to what extent storage gas or mine gas shall be used,
2.: where biomethane is used to generate electricity from combined heat and power, and
3.: if liquid biomass is used in plants, for the electricity part from liquid biomass, which is necessary for starting, ignition and support firing; liquid biomass is biomass, which is liquid at the time of entry into the combustion or combustion chamber.

Vegetable oil methyl ester is to be regarded as a biomass which is necessary for the starting, ignition and support firing. (3) For the right to financial support for electricity from biomass in accordance with § § 44, 45 or § 46 is from the first calendar year, the for the first time it is used, to prove annually until 28 February of each year for the preceding calendar year:

1.: the fulfilment of the conditions laid down in point 2 of the second sentence of paragraph 2 in accordance with the recognised rules of technology; compliance with the recognised rules of technology shall be presumed if the requirements laid down by the Working Community for Heat and Heating power industry-AGFW-e. V. Issued working sheet FW 308 "Certification of CHP plants-Determination of the cogeneration of cogeneration" in the version in force in each case; proof must be provided by submitting an expert opinion from an environmental verifier with an approval for the production of electricity from renewable energy sources or in the area of heat supply; instead of the first half-sentence, it may be possible to use as standard a cogeneration unit with an installed capacity of up to 2 megawatts shall be submitted to the manufacturer ' s appropriate documentation, from which the thermal and electrical power, as well as the current characteristic,
2.: the proportion of electricity from liquid biomass referred to in paragraph 2, first sentence, point 3, by presenting a copy of a diary of an insert material.

In the case of the first-time use of the claim in accordance with § 19 in conjunction with § 44 or § 45, the suitability of the installation for the fulfilment of the requirements within the meaning of the first sentence of the first subparagraph shall be obtained by an expert opinion from an environmental verifier with an approval for the production of electricity from renewable energy sources or for the area of heat supply. (4) The right to financial support for electricity from biomass shall be reduced to the value in the respective calendar year as a whole "MWEPEX" in accordance with point 2.1 of Appendix 1 to this Act, if the conditions set out in paragraph 3 (5) The right to financial support for electricity from biomass according to § 45 or § 46 can not be combined with § 44. (6) Gas removed from a natural gas network is in each case as landfill gas, sewage gas, mine gas, biomethane or to view storage gas,

1.: in so far as the amount of gas taken is equivalent to the quantity of landfill gas, sewage gas, mine gas, biomethane or storage gas at the end of a calendar year, which is elsewhere within the scope of this law into the natural gas network has been fed in, and
2.: where mass balance systems have been used for the entire transport and distribution of the gas from its production or extraction, its supply to the natural gas network and its transport in the natural gas network, until it has been removed from the natural gas network.

(7) The right to financial support for electricity from biomethane in accordance with § 44 or § 45 shall also exist if the biomethane, before being removed from the natural gas grid, is based on the energy yields of the feedstocks used for the production of biomethane in an image-free manner in part quantities referred to in the case of an application. The balance of the balance in the quantities of fuel used, including the allocation of the used materials to the respective subset, shall be documented in the context of the mass balance referred to in paragraph 6 (2). (8) To the extent referred to in paragraphs 2 or 3 of the proof by a copy of an insert diary, the personal data not required for the verification of the personal data in the fuel diary shall be blacked out by the plant operator.

Footnote

(+ + + § 47: For application, see Section 100 (1) (10) (b) + + +)
(+ + + § 47 (6) no. 2: For the application, see Section 101 (2) (2) (2) + + +)
(+ + + § 47 (7): For application, see Section 100 (1) (4) + + +) Unofficial table of contents

§ 48 Geothermics

For electricity from geothermal energy, the value to be applied is 25.20 cents per kilowatt hour.

Footnote

(+ + + § 48: For application, see Section 100 (1) (10) (b) + + +) Unofficial table of contents

Section 49 Wind energy on land

(1) For electricity from wind turbines on land, the value to be applied shall be 4.95 cents per kilowatt hour (basic value). (2) By way of derogation from paragraph 1, the value to be applied shall be 8.90 cents per kilowatt hour for the first five years from the start of operation of the plant. Kilowatt hour (initial value). This period shall be extended by one month per 0.36 per cent of the reference yield by which the yield of the installation shall be less than 130 per cent of the reference yield. In addition, the period shall be extended by one month per 0.48 per cent of the reference yield by which the yield of the plant is less than 100 per cent of the reference yield. Reference yield shall be the calculated yield of the reference plant in accordance with Appendix 2 to this Act. (3) For installations with an installed capacity up to and including 50 kilowatts, for the calculation of the duration of the initial remuneration, it is assumed that: their yield is 75 per cent of the reference yield.

Footnote

(+ + + § 49: For application, see Section 100 (1) (10) (b) + + +) Unofficial table of contents

§ 50 Wind energy at sea

(1) For electricity from wind turbines at sea, the value to be applied shall be 3.90 cents per kilowatt hour (basic value). (2) By way of derogation from paragraph 1, the value to be applied shall be at sea in the first twelve years from the start of operation of the wind energy plant 15.40 cents per kilowatt hour (initial value). The period referred to in the first sentence shall be extended by a maximum of 0,5 months for each of the full parts of the sea, exceeding twelve nautical miles from the coastline, in accordance with Section 5 (36), second half-sentence, and for each of them over a depth of water of 20 metres. The water depth goes beyond the water depth of 1.7 months. The water depth shall be determined on the basis of the nautical species zero. (3) If, before 1 January 2020, the wind energy plant has been put into operation at sea or its operational readiness has been manufactured under the conditions laid down in Article 30 (2), the the value to be applied, by way of derogation from paragraph 1, for the first eight years from the start of operation of the plant, 19.40 cents per kilowatt hour, if the plant operator so requests from the network operator before the plant is put into operation. In this case, the claim referred to in the first sentence of paragraph 2 shall not apply, while the right to the payment referred to in the second sentence of paragraph 2 shall apply in accordance with the condition that the initial value in the period of the extension is 15.40 cents per kilowatt hour. (4) If the feed from a wind energy plant at sea is not possible for more than seven consecutive days, because the management according to Article 17d (1), first sentence, of the Energy Economic Law is not completed in time or is disturbed and the Network operator shall not be responsible for this, the period of financial support shall be extended according to paragraphs 2 and 3, beginning with the eighth day of the disturbance, around the period of disturbance. Sentence 1 shall not apply to the extent that the operator of the wind energy plant at sea is entitled to compensation in accordance with Article 17e (1) or (2) of the Energy Economic Law. If the operator of the wind energy plant at sea is entitled to compensation in accordance with Article 17e (2) of the Energy Economic Law, the right to support under paragraphs 2 and 3 shall be reduced by the period of delay. (5) shall not be applied to wind turbines at sea, the construction of which has been approved after 31 December 2004 in an area of the German exclusive economic zone or of the territorial sea which, in accordance with Section 57 in conjunction with Article 32 (2) of the Federal Nature Protection Act or in accordance with country law to a protected part of nature and Landscape has been explained. The first sentence shall also apply to areas of Community importance to the under-protection of those areas which the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety of the European Commission considers to be sites of Community importance or as European Bird protection areas have been designated.

Footnote

(+ + + § 50: For application, see Section 100 (1) (10) (b) + + +) Unofficial table of contents

§ 51 Solar Radiation Energy

(1) For electricity from installations for the generation of electricity from solar radiation energy, the value to be applied shall, subject to paragraphs 2 and 3 to including an installed capacity of 10 megawatts, be 9.23 cents per kilowatt-hour under Taking into account the reduction or increase in accordance with § 31, if the installation

1.

is placed in, on or on a building or other construction plant, and the building or other construction plant has been constructed as a priority for purposes other than the generation of electricity from solar radiation energy,

2.

has been constructed on a surface for which a procedure has been carried out in accordance with the first sentence of Article 38 of the Civil Code, or

3.

has been established in the area of an agreed development plan within the meaning of Section 30 of the Construction Code; and

a)

the development plan was established before 1 September 2003 and was subsequently not amended with the aim of establishing an installation for the production of electricity from solar radiation energy,

b)

the development plan has been designated before 1 January 2010 for the area on which the plant was constructed, a commercial or industrial area within the meaning of sections 8 and 9 of the Baunutzungsverordnung (Baunutzungsverordnung), even if the fixing after 1 January 2010 has been established has been modified at least for the purpose of establishing an installation for the production of electricity from solar radiation, or

c)

the development plan, after 1 September 2003, has at least also been established or modified with the purpose of establishing a plant for the production of electricity from solar radiation energy and the installation of such electricity

aa): is located on surfaces along motorways or rail tracks, and the installation has been constructed at a distance of up to 110 metres, measured from the outer edge of the roadway,
bb): is located on land already sealed at the time of the decision on the establishment or modification of the development plan, or
cc): is located on conversion surfaces from economic, transport, housing or military use, and these areas are not legally binding at the time of the decision to establish or modify the development plan as Nature reserve within the meaning of § 23 of the Federal Nature Protection Act or as a national park within the meaning of section 24 of the Federal Nature Protection Act.

(2) In the case of electricity produced from installations for the production of electricity from solar radiation energy, which are fitted exclusively in, on or on a building or a noise barrier, the value to be applied shall be equal to, taking into account the reduction or Increase in accordance with § 31,

1.: up to and including an installed capacity of 10 kilowatts of 13.15 cents per kilowatt hour,
2.: up to and including an installed capacity of 40 kilowatts of 12.80 cents per kilowatt hour,
3.: up to and including an installed capacity of 1 megawatt, 11.49 cents per kilowatt hour, and
4.: up to and including an installed capacity of 10 megawatts 9.23 cents per kilowatt hour.

(3) Paragraph 2 shall only apply to installations for the generation of electricity from solar radiation energy, which are installed exclusively in, on or on a building which is not a residential building and which has been constructed in the external area pursuant to Article 35 of the construction code. when applying

1.

demonstrably before 1 April 2012

a): for the building of the construction application or the request for approval or the construction display has been refunded,
b): in the case of an establishment which is not in need of approval, which must be brought to the attention of the competent authority in accordance with the rules of the building regulations, the building has been provided with the necessary information to the Authority, or
c): in the case of other non-approved, in particular approval, display and process-free construction, the construction of the building has been started,

2.

the building is located in a spatially-functional relationship with a court office of a farm or forestry establishment established after 31 March 2012, or

3.

the building of permanent animal husbandry has been used and approved by the responsible building authority;

(4) installations for the production of electricity from solar radiation, the installations for the production of electricity from solar radiation energy on the basis of a technical defect, damage or theft in the same location, by way of derogation from Section 5 (21), up to the level of the power of installations for the generation of electricity from solar radiation energy installed at the same site prior to replacement as at the time of operation to which the replaced installations have been put into service. The right to support for the installations replaced in accordance with the first sentence shall not be definitively granted.

Footnote

(+ + + § 51: For application, see Section 100 (1) (10) (b) + + +)

Section 5
Special support provisions (flexibility)

Unofficial table of contents

§ 52 Funding entitlement for flexibility

(1) Plant operators shall have a right to financial support against the network operator in accordance with § § 53, 54 or § 55 for the provision of installed power if the electricity generated in the plant is based on the basis of a claim. (2) § 19 (2) and (3), § 32 (1) and (33) shall apply mutas.

Footnote

(+ + + § 52: For application, see Section 100 (1) (10) (d + + +) Unofficial table of contents

Section 53 Flexibility surcharge for new installations

(1) The claim in accordance with § 52 shall be for the provision of flexible installed power in plants for the generation of electricity from biogas with an installed capacity of more than 100 kilowatts of 40 euros per kilowatt of installed power and year (flexibility surcharge). (2) A entitlement to a flexibility surcharge shall only exist if the operator of the plant for the part of the electricity generated in a calendar year in accordance with Section 47 (1) has a financial support according to § 19 in conjunction with § 44 or § 45, and this claim is not reduced in accordance with § 25. (3) The Flexibility surcharge may be required for the entire duration of the funding according to § 22.

Footnote

(+ + + § 53: For application, see Section 100 (1) (10) (b) + + +) Unofficial table of contents

Section 54 Flexibility premium for existing installations

Operators of plants for the production of electricity from biogas, which have been put into service after the date of entry into service in force on 31 July 2014, may be supplemented by a disposal of the electricity in the divestment forms in accordance with Article 20 (1) (1) and (2), require the network operator to charge a premium for the provision of additional installed capacity for demand-oriented power generation (flexibility premium). The claim for the first sentence shall be EUR 130 per kilowatt of additional installed power and year, if the conditions set out in point I of Appendix 3 are fulfilled. The amount of the flexibility premium shall be determined in accordance with point II of Annex 3.

Footnote

(+ + + § 54: For application, see Section 100 (1) (10) (d + + +)

Section 6
Specific support provisions (calls for tenders)

Unofficial table of contents

Section 55 Call for proposals for the promotion of open-air facilities

(1) The Federal Network Agency shall, in accordance with § 19 or for the provision of installed power from open-surface installations according to § 52 in accordance with § 88 in the framework of the legal regulation, shall be required to grant financial support and its amount for electricity from open-surface installations. of calls for tenders. The Federal Network Agency (Bundesnetzagentur) makes the calls for tenders in accordance with the provisions of § 88. (2) A right to a financial support exists in the case of a call for tenders, if:

1.: the plant operator has the right to grant eligibility, which has been awarded under the terms of the invitation to tender under the terms of the legal regulation pursuant to § 88 for the installation by the contract, or which has subsequently been assigned to the plant in a binding manner,
2.: the installation has been set up in the area of an approved development plan within the meaning of Article 30 of the Civil Code, which has at least also been established or amended with a view to generating electricity from solar radiation energy set up,
3.: from the commissioning of the plant all the electricity produced in the plant during the period of delivery in accordance with § 22 is fed into the grid and is not consumed by itself; and
4.: the other conditions under this Act are fulfilled, with the exception of the conditions laid down in § 51 (1) and the requirements of the legal regulation pursuant to § 88.

(3) For electricity from open-surface installations which have been put into service from the first day of the seventh calendar month following the first publication of an invitation to tender referred to in the second sentence of the second sentence of paragraph 1, the value to be applied shall be reduced according to § 51 Paragraph 1 (2) and (3) to zero. Paragraphs 1 and 2 shall not apply to electricity from open-surface installations which have been put into service before the date referred to in the first sentence. (4) The Federal Network Agency shall publish, in accordance with the provisions of the regulation pursuant to section 88, the result of the Invitations to tender, including the amount of the financial support for which the contract has been awarded. The Federal Network Agency shall communicate to the network operators concerned the allocation of eligibility for a grant to an installation within the meaning of paragraph 2 (1), including the amount of the financial support, in accordance with the provisions of Section 88 of the Regulation.

Footnote

(+ + + § 55: For application, see Section 100 (1) (10) (b) + + +)

Part 4
Equalization Mechanism

Section 1
Federal compensation

Unofficial table of contents

§ 56 Transfer to the transmission system operator

Network operators shall immediately pass on to the upstream transmission system operator:

1.: the electricity paid in accordance with section 19 (1) (2); and
2.: For the entire current financed under section 19 (1), the right to label this electricity as a "electricity from renewable energy sources, funded under the Renewable Energy Sources Act".

Unofficial table of contents

Section 57 Compensation between network operators and transmission system operators

(1) upstream transmission system operators shall reimburse the network operators for the financial assistance provided in accordance with section 19 or section 52. (2) Transmission system operators shall have to pay 50 per cent of the necessary costs to network operators They will be reimbursed by an efficient retrofitting of installations for the generation of electricity from solar radiation energy if the system operators are obliged to retrofit due to the system stability regulation. § 11 Paragraph 5 shall apply accordingly. (3) Network operators shall be required to charge avoided network charges in accordance with § 18 of the Electricity Network Regulation, which is not granted to plant operators pursuant to Article 18 (1) sentence 3 (1) of the Electricity Network Regulation and according to § § 18 of the Electricity Network Regulation. 18 (2) and (3) of the Electricity Network Regulation are to be paid out to the upstream transmission system operators. The payments referred to in paragraphs 1 to 3 shall be salted in accordance with point 2 of paragraph 5. The payments shall be subject to a reasonable amount of monthly payments. (5) If a transmission system operator pays a higher than part 3 financial support to the network operator, he shall recover the additional amount. The claim for repayment shall expire on the expiry of the 31 December of the second calendar year following the feed-in; the obligation of the first sentence shall expire in so far as it is concerned. The rates 1 and 2 shall be applied in accordance with the ratio of the receiving network operator and the operator of the system, unless the obligation to pay is based on a contractual agreement. Section 33 (1) shall not apply to claims pursuant to sentence 3. Unofficial table of contents

Section 58 Compensation between the transmission system operators

(1) Transmission system operators shall be required to:

1.: store the information on the different levels and the temporal course of the amounts of electricity received in accordance with § 19,
2.: save the information on the payment of financial support in accordance with § 19 or § 52,
3.: the current quantities referred to in point 1 shall be immediately identical to each other;
4.: monthly deductises shall be paid on a reasonable basis to the payments referred to in point 2; and
5.: the quantities of electricity referred to in point 1 and the payments referred to in point 2 shall be offset in accordance with paragraph 2.

In the case of the storage and settlement of the payments referred to in points 2, 2, 4 and 5 of the first sentence, the salations shall be based on the basis of § 57 (4). (2) The transmission system operators shall, by 31 July each year, identify the quantity of electricity they shall supply in the previous calendar year pursuant to § 11 or § 56 and have received financial support pursuant to § 19 or § 57 and have been provisionally balanced in accordance with paragraph 1, including the amount of electricity for which they have been granted the right to use the electricity as " electricity renewable energy or mine gas ", and the proportion of this quantity in the total amount of electricity, which In the previous calendar year, electricity supply undertakings in the area of the respective transmission system operator have delivered to the last consumer. (3) Transmission system operators which had to take off larger quantities than it had In the case of the other transmission system operators, they shall be entitled to a reduction and remuneration in accordance with § § 19 and 52, until these network operators also take off a quantity of electricity corresponding to the average value. Transmission system operator, which, in relation to the total electricity supplied by electricity supply companies in the area of the respective transmission system operator in the previous calendar year, represents a higher proportion of the financial support in accordance with Article 57 (1), or to replace a higher proportion of the costs in accordance with Article 57 (2), than the average share of all transmission system operators, shall be entitled to a claim against the other transmission system operators Reimbursement of financial support or costs until such time as Cost burden for all transmission system operators is equal to the average. Unofficial table of contents

Section 59 Marketing by transmission system operators

The transmission system operators must themselves or jointly market the electricity paid in accordance with Article 19 (1) (2) in a non-discriminatory, transparent and in compliance with the provisions of the Compensatory Mechanism Regulation. Unofficial table of contents

Section 60 EEG-transfer for electricity supply undertakings

Transmission system operators may, in proportion to the electricity supplied by the electricity supply undertakings to their last consumer, the cost of the electricity supplied to the final consumer by electricity undertakings supplying electricity to the latter. expenditure required after deduction of the revenue generated and in accordance with the compensatory mechanism regulation (EEG transfer). It is presumed to be refuted that amounts of energy emitted from a balance-sheet group held by the transmission system operator to physical sampling points and for which no balance-sheet-sharp message of a Electricity supply company pursuant to § 74, which has been supplied to the final consumer by the holder of the relevant financial reporting group. The proportion shall be determined in such a way that each electricity supply undertaking bears the same costs for each kilowatt hour of electricity supplied by it to a final consumer. The payment of the EEG surcharge shall be subject to a reasonable amount of monthly charges. (2) objections to claims by the transmission system operators for payments referred to in paragraph 1 shall entitle them to deferment of payment or to refuse to pay for payment only, as far as the serious possibility of an obvious error exists. An offsetting against the claims referred to in paragraph 1 shall not be allowed. In the case of arrears of payment of more than one request, the transmission system operators may terminate the balance sheet contract with the electricity supply undertaking if the payment of the arrears despite the warning and threat of the Termination three weeks after the threat of termination has not been completed. The threat of termination may be associated with the warning. The rates 1, 3 and 4 shall be applied in order to report the amounts of energy in accordance with § 74 with the proviso that the time limit for the notification of the data shall be six weeks after the termination of the notice. (3) For electricity intended for the purpose of staging is supplied or routed to an electrical, chemical, mechanical or physical energy storage device, the transmission system operator shall not be entitled to payment of the EEG transfer in accordance with paragraphs 1 or 2, if the energy storage device is energy is taken exclusively for re-feeding of electricity into the grid. The first sentence shall also apply to electricity used for the production of storage gas which is fed into the natural gas network when the storage gas is used to generate electricity, taking into account the requirements of Article 47 (6) (1) and (2). and the electricity is actually fed into the grid. The claim of the transmission system operators for payment of the EEG transfer pursuant to paragraphs 1 and 2 shall also be waited for electricity to be supplied to the network operator to compensate for physically induced loss of power as a loss energy pursuant to § 10 of the Electricity Net Regulation (4) Electricity supply undertakings which have not complied with their obligation to pay the EEG transfer in accordance with paragraph 1 in good time shall be subject to this financial liability in accordance with Section 352 (2) of the Commercial Code from the date of the occurrence of the due date. Sentence 1 shall apply mutatily if the due date has not been able to occur because the electricity supply undertaking has not notified the transmission system operator in time for the quantities of electricity supplied by it, contrary to Section 74; for the purpose of interest, the debt shall be deemed to be due for payment of the EEG surcharge to the amount of electricity to be paid in accordance with section 74 of one year at the latest on 1 January of the following year.

Footnote

(+ + + § 60 (2) sentence 1 and Section 4: To be applied, see Section 7 (4) AusglMechV 2015 + + +) Unofficial table of contents

Section 61 EEG-Reposition for the final consumer and self-catering

(1) The transmission system operators may require the following portions of the EEG-transfer in accordance with § 60 (1) for the self-sufficiention of the final consumers:

1.: 30 per cent for electricity consumed after 31 July 2014 and before 1 January 2016,
2.: 35 per cent for electricity consumed after 31 December 2015 and before 1 January 2017, and
3.: 40 per cent for electricity consumed as of 1 January 2017.

The value in accordance with the first sentence shall be increased to 100% of the EEG-related situation if:

1.: the power generation plant is neither an installation according to Article 5 (1) nor a cogeneration plant which is highly efficient within the meaning of Article 53a (1), third sentence, of the Energy Tax Act and which is a monthly or annual utilisation rate of at least 70 per cent according to § 53a Paragraph 1, second sentence, point 2 of the Energy Taxation Act, or
2.: the self-catering provider has not complied with his obligation to report in accordance with § 74 to 31 May of the following year.

The transmission system operators may also require the latter to demand 100 per cent of the EEG recharge in accordance with Article 60 (1) for the other consumption of electricity not supplied by an electricity supply company. The provisions of this Act for Electricity Supply Companies shall apply in accordance with the provisions of Articles 1 to 3 of this Act. (2) The claim referred to in paragraph 1 shall be waited in the case of self-catering services,

1.: as far as the electricity is consumed in the auxiliary and auxiliary plants of a power generation plant for the generation of electricity in the technical sense (power plant consumption),
2.: if the self-catering company is not directly or indirectly connected to a network,
3.: if the self-catering company itself is fully supplied with electricity from renewable energy sources and does not use any financial support under Part 3 for the electricity from its installation, which it does not consume itself, or
4.: if electricity is generated from electricity generating installations with an installed power of not more than 10 kilowatts, for a maximum of 10 megawatt hours of electricity consumed per calendar year; this shall apply from the start of operation of the power generating system for the The period of 20 calendar years plus the commissioning year; § 32 (1) sentence 1 shall apply accordingly.

(3) The claim referred to in paragraph 1 shall also be waited in the case of existing installations;

1.: if the final consumer operates the electricity generating system as an egg generator,
2.: as far as the final consumer consumes the electricity itself, and
3.: provided that the electricity is not transmitted through a network, unless the electricity is consumed in the spatial context of the power generating system.

An inventory shall be any power generation plant,

1.: which, before 1 August 2014, the final consumer has operated as an egg producer in compliance with the requirements of the first sentence,
2.: approved before 23 January 2014 according to the Federal Immission Control Act or approved in accordance with another provision of the federal law, first generated electricity after 1 August 2014 and before 1 January 2015, in compliance with the the requirements of sentence 1 have been used, or
3.: which renews, extends or replaces a power generation installation according to points 1 or 2 at the same location, unless the installed power has been increased by more than 30 per cent by the renewal, extension or replacement.

(4) In the case of existing installations which have already been put into service before 1 September 2011, paragraph 3 shall apply with the measure that:

1.

Paragraph 3, first sentence, point 3 shall not apply; and

2.

Point 3 of the second sentence of paragraph 3 shall apply only if:

a): the requirements of paragraph 3, first sentence, point 3, are met; or
b): the total power generation facility was already owned by the latter before 1 January 2011, which uses the Privialloy referred to in paragraph 3, and the power generation plant was constructed on the premises of the last consumer.

(5) In order to verify the obligation of self-sufficieners to pay the EEG repayment, the transmission system operators may submit the following data to the extent that this is necessary:

1.: by the main authorities, data on self-producers and self-catering, if and to the extent permitted by the Electricity Tax Act or in a legal regulation adopted on the basis of the Electricity Tax Act,
2.: by the Federal Office for Economic Affairs and Export Control the data on the self-catering providers in accordance with § 8 (1) of the Kraft-Heat-Coupling Act, as amended and
3.: by the operators of downstream networks, contact details of the self-catering providers, as well as other self-sufficienc data, including the power consumption of self-catering suppliers connected to their network.

Transmission system operators shall be able to automatically match the data set out in points 2 and 3 of the first sentence with the data in accordance with Section 74, sentence 3. The data collected in accordance with the first sentence may only be used in such a way that the unauthorised disclosure of such data is excluded. They shall be deleted immediately after the completion of the verification referred to in the first sentence of the first sentence or in the second sentence of the second sentence. (6) Electricity for which the transmission system operators under paragraph 1 may require payment of the EEG repayment must be deleted from the (7) In the calculation of the quantities of electricity produced and consumed in accordance with paragraphs 1 to 6, electricity may only be used up to the level of the aggregate self-consumption, in relation to each of the following: 15-minute interval (time equality), taken into account. A measurement of the actual feed-in is only necessary if it is not already technically ensured that the generation and consumption of the current take place simultaneously. Other provisions requiring a measurement of the actual feed-in shall remain unaffected.

Footnote

(+ + + § 61: For application cf. Section 78 (6) + + +)
(+ + + § 61 (5) sentence 2 to 4: For application, see § 9 para. 5 sentence 4 AusglMechV 2015 + + +)
(+ + + § 61 (7)): For the application, see Section 104 (3) sentence 1 + + +) Unofficial table of contents

Section 62 Night reputable corrections

(1) In the case of the respective next settlement, account shall be taken of changes in the amount of electricity to be invoied or of the financial support which may arise for the following reasons:

1.: Requests for repayment pursuant to § 57 (5),
2.: out of a final court decision in the main proceedings,
3.: from the transmission and the comparison of data in accordance with § 61 (5),
4.: from a procedure carried out between the parties to the proceedings at the clearing house in accordance with Article 81 (4), first sentence, point 1,
5.: from a decision of the Federal Network Agency in accordance with § 85 or
6.: out of a enforceable title, which has only been issued after the settlement in accordance with § 58 (1).

(2) In the case of the consumption accounting of the electricity supply undertakings, deviations in relation to the quantities of electricity which are based on a final settlement in accordance with § 74 shall be replaced by these changes at the next level of consumption. Billing should be considered. § 75 shall apply accordingly.

Footnote

(+ + + § 62: For application cf. § 70 sentence 2 + + +)

Section 2
Special compensation scheme

Unofficial table of contents

§ 63 Principle

On request, the Federal Office for Economic Affairs and Export Control shall limit the acceptance of acceptance points.

1.: in accordance with § 64, the EEG transfer for electricity consumed by electricity cost-intensive companies themselves, in order to keep the contribution of these companies to the EEG transfer to an extent compatible with their international competitive situation, and to prevent their emigration to foreign countries, and
2.: in accordance with § 65, the EEG transfer for electricity consumed by rail tracks itself, in order to maintain the intermodal competitiveness of the rail tracks,

in so far as the objectives of the law are not jeopardised in each case and the limitation is compatible with the interest of the entirety of the electricity consumers.

Footnote

(+ + + § 63: For application, see Section 66 (1) and Section 103 (1) of the introductory sentence, para. 1 no. 6, para. 2, introductory sentence, para. 2 No. 3, para. 5, introductory sentence. Paragraph 7 sentence 3 + + +) Unofficial table of contents

Section 64 Electricity cost-intensive companies

(1) In the case of an undertaking to be associated with an industry in accordance with Appendix 4, the limit shall only be limited to the extent that it proves that and to what extent

1.

in the preceding financial year, the amount of electricity which is to be paid to and consumed by the company in accordance with section 60 (1) or (61) and which is itself consumed at a point of acceptance by which the undertaking is to be assigned to an industry in accordance with Appendix 4, shall be more than 1 gigawatt hour,

2.

the intensity of the electricity

a)

in the case of an undertaking to which an industry is classified in accordance with list 1 of Appendix 4, at least the following value:

aa): 16 percent for the limit in calendar year 2015 and
bb): 17 percent for the limit from the calendar year 2016,

b)

in the case of an undertaking to which an industry is classified in accordance with list 2 of Appendix 4, at least 20 per cent, and

3.

the company has a certified energy or environmental management system, or, if the company has consumed less than 5 gigawatt hours of electricity in the last financial year, an alternative system for improving energy efficiency In accordance with § 3 of the Peak Compensation Efficiency System Regulation, it operates in the version in force at the time of the end of the last financial year.

(2) The EEG transfer shall be limited at the points of acceptance at which the undertaking is to be assigned to an industry in accordance with Appendix 4, for the electricity consumed by the undertaking in that sector during the limitation period itself, as follows:

1.

The EEG-transfer is not limited for the electricity part up to 1 gigawatt hour (deductitiy). This deductitiy must be paid first in the year of limitation.

2.

The EEG transfer will be limited to 15 per cent of the EEG-transfer as determined in accordance with § 60 (1) for the current part over 1 gigawatt hour.

3.

The amount of the EEG levy to be paid in accordance with point 2 shall be limited to at most the following share of the gross value added by the undertaking in the arithmetic mean of the last three, in the sum of all the limited collection points of the undertaking. completed business years:

a): 0.5 per cent of gross value added, provided that the company's electricity cost intensity is at least 20 per cent, or
b): 4.0 percent of gross value added, provided that the company's electricity cost intensity is less than 20 percent.

4.

The limit referred to in points 2 and 3 shall only be limited to the extent that the EEG transfer to be paid by the company for the electricity part over 1 gigawatt hour shall not be less than the following value:

a): 0.05 cents per kilowatt-hour at acceptance points where the company is to be assigned to an industry with serial number 130, 131 or 132 according to Appendix 4; or
b): 0.1 cent per kilowatt hour at other points of acceptance;

the deductitiy referred to in point 1 shall remain unaffected.

(3) The fulfilment of the conditions set out in paragraph 1 and of the gross value added which must be used as a basis for the limitation decision in accordance with point 3 of paragraph 2 shall be proved as follows:

1.

for the conditions laid down in points 1 and 2 of paragraph 1 and the limit laid down in paragraph 2, by:

a)

electricity supply contracts and electricity bills for the last financial year,

b)

an indication of the quantities of electricity supplied or produced by an electricity supply undertaking in each of the last three years of the financial year completed, and the quantities of electricity supplied and forwarded, and

c)

a certificate issued by an auditor, an accounting firm, a sworn accountant or a accounting firm on the basis of the audited financial statements in accordance with the provisions of the Commercial Code for the last three years , the certificate must contain the following information:

aa): information on the operational purpose and operating activities of the company;
bb): Information on the quantities of electricity supplied by the electricity supply undertaking or itself produced and consumed by the electricity supply company, including the indication of the amount of the EEG repayment to be paid without limit to these quantities of electricity had been, and
cc): all components of gross value added;

to the certificate are to be applied in accordance with § 319 (2) to (4), § 319b (1), § 320 (2) and § 323 of the Commercial Code; the certificate states that the data contained in it shall be free of significant misstatements and deviations; in the examination of the gross value added, a materiality threshold of 5 per cent is sufficient,

d)

proof of the classification of the company by the statistical offices of the Länder in application of the classification of the branches of the Federal Statistical Office, edition 2008 ³ , and the consent of the undertaking that the Federal Office for Economic Affairs and Export Control may submit to the statistical offices of the countries the classification of the company registered with them and its premises,

2.

for the conditions laid down in paragraph 1, point 3, by a valid DIN EN ISO 50001 certificate, a valid entry or renewal notice from the EMAS registration office for registration in the EMAS register, or a valid proof of the Operation of an alternative energy efficiency improvement system; § 4 (1) to (3) of the Peak Balancing Efficiency System in the version in force at the time of the end of the last completed financial year shall apply accordingly.

(4) Companies newly established after 30 June of the previous year may, by way of derogation from paragraph 3, point 1 in the first year after the new establishment, transmit data on a financial year, in the second year after the re-establishment of the new data for the first year closed financial year and in the third year after the new establishment data for the first and second completed financial year. For the first year after the re-establishment, the limiting decision shall be taken subject to the withdrawal. After completion of the first completed financial year, the Federal Office of Economics and Export Control will review the application requirements and the scope of the agreement retrospection on the basis of the data of the completed financial year. Fiscal year. Paragraph 3 shall, moreover, be applied accordingly. Newly established companies are only those which, with the creation of a substantially new operating assets, are the first to take up their activities; they must not have been created by conversion. Newly created operating assets are available if other assets of the asset or round-rowing capital have been acquired, leased or leased beyond the basic and stock capital. It is irrefutably suspected that the date of re-establishment is the time when electricity is for the first time consumed for production purposes. (5) Paragraphs 1 to 4 are for independent parts of a company which is an industry in accordance with list 1 of the Appendix 4 is to be applied accordingly. An independent part of the enterprise is only available if it is a part-holding company with its own location or a holding which is defined by the rest of the company at the site with the essential functions of a company, the part of which is part of the company's business. could at any time, as a legally independent company, carry out its business, its proceeds substantially with external third parties and with its own collection point. A separate balance sheet and a separate profit and loss account shall be drawn up for the self-employed part of the company in the appropriate application of the provisions of the Commercial Code applicable to all merchants. The balance sheet and the profit and loss account in accordance with the third sentence shall be considered in the appropriate application of Sections 317 to 323 of the Commercial Code. (6) For the purposes of this paragraph, the following shall be considered:

1.: "collection point" means the sum of all physically and physically connected electrical equipment, including the self-sufficienc facilities of a company located on a self-contained operating site, and of one or more of the undertakings concerned, several sampling points are connected to the network; it must have its own electricity meters at all the sampling points and self-supply systems,
2.: "Gross value added" the gross value added of the enterprise at factor cost according to the definition of the Federal Statistical Office, Fachserie 4, series 4.3, Wiesbaden 2007 ⁴ , without deduction of personnel costs for temporary employment; the effects caused by previous limitation decisions shall be disregarded in the calculation of gross value added, and
3.: "intensity of electricity" means the ratio of the relevant electricity costs, including the cost of electricity, to the arithmetic mean of the gross value added in the last three completed quantities of electricity consumed in accordance with section 61. Business years of the enterprise, where the relevant electricity costs are calculated by multiplying the arithmetic mean of the company's electricity consumption in the last three business years or the standardized Electricity consumption, which is subject to a legal regulation pursuant to § 94 (1) , the average price of electricity for undertakings with similar electricity consumption, which is to be used in accordance with the provisions of Article 94 (2) of the Regulation, and which is the result of previous limiting decisions. Effects shall not be taken into account in calculating the intensity of the electricity costs.

(7) The date of the end of the last completed financial year shall be relevant for the assignment of an enterprise to the sectors referred to in Appendix 4.

3: Official note: To obtain from the Statistisches Bundesamt, Gustav-Stresemann-Ring 11, 65189 Wiesbaden; also to refer to www.destatis.de.
4: Official note: To obtain from the Statistisches Bundesamt, Gustav-Stresemann-Ring 11, 65189 Wiesbaden; also to refer to www.destatis.de.

Footnote

(+ + + § 64: For application, see Section 103 (1) introductory sentence, para. 1 no. 6, para. 2, introductory sentence, para. 2 no. 3, para. 3 sentence 2, para. 4 sentence 2, para. 5, introductory sentence. Paragraph 7 sentence 3 + + +)
(+ + + § 64 (1) no. 3: For the application, see Section 103 (1) (1) (1) + + +)
(+ + + § 64 (2) and 3 No 1: For use, see: 1 no. 2 and 2 (2) (1) + + +)
(+ + + § 64 (3) (1) (a) to (c) and (c) Section 4: To be applied, see Section 65 (3) sentence 2 F. 21.7.2014 + + +)
(+ + + § 64 (3) (1) (a) to (c): For the purposes of application, see: Section 65 (6) F. as of 22.12.2014 + + +)
(+ + + § 64 (4): For application, see Section 65 (5) S 1 F. as of 22.12.2014 + + +)
(+ + + § 64 (3) (1) (1) (1)) c: For use, see Section 66 (1) sentence 2 + + +)
(+ + + § 64 (4) Sentences 1 to 4: For application, see Section 67 (1) sentence 2 + + +)
(+ + + § 64 (6) no. 1, last half sentence: For application, see Section 103 (1) (3) + + +)
(+ + + § 64 (6) no. 3: For the application, see Section 103 (1) (4) and 2 (2) (2) + + +) Unofficial table of contents

§ 65 Rail railways

(1) In the case of a railway track, the EEG transfer shall be limited only if it proves that, and to what extent in the last financial year completed, the amount of electricity consumed at the point of acceptance in question is directly applicable to the driving operation in the Rail-rail transport was used up and, with the exclusion of the fed-back energy, it was at least 2 gigawatt hours. (2) For a railway track, the EEG-transfer for the total amount of electricity the company directly used for the driving operation in the Rail-rail transport itself consumed, excluding the back-fed (3) By way of derogation from paragraph 1, rail railways, if and as far as they are subject to a contract award procedure for rail transport services, may be subject to the following conditions: Local rail passenger transport has participated or will participate, in the calendar year prior to the commencing of the driving operation, the forecast electricity consumption quantities for the calendar year in which the driving operation will be taken up, on the basis of the requirements of the award procedure; the limit referred to in paragraph 2 shall only be made for the Rail track which has been awarded the contract in the award procedure. The rail track, which has been awarded the contract, can prove

1.: in the calendar year of the holding of the driving operation, the forecast electricity consumption quantities for the following calendar year are due to the requirements of the award procedure and
2.: in the first calendar year following the receipt of the driving operation, the sum of the actual quantities of electricity consumption for the current calendar year and the forecast current consumption quantities for the remaining calendar year; the forecast shall be This is due to the specifications of the award procedure and the actual electricity consumption to date.

(4) By way of derogation from paragraph 1, railway railways, which for the first time will provide rail transport services in the rail passenger transport or rail freight transport sector, can demonstrate

1.: in the calendar year prior to the commencing of the driving operation, the forecast electricity consumption quantities for the calendar year in which the driving operation will be recorded,
2.: in the calendar year of the holding of the driving operation, the forecast electricity consumption quantities for the following calendar year and
3.: in the first calendar year following the receipt of the driving operation, the sum of the actual quantities of electricity consumption for the current calendar year and the forecast electricity consumption for the remaining calendar year.

The limitation decision shall be taken subject to the verification. It may be repealed or amended on the basis of a review. After completion of the calendar year for which the limiting decision is effective, the Federal Office for Economic Affairs and Export Control will check the application requirements and the scope of the restrictions after completion of the calendar year on the basis of the data of the (5) Without prejudice to paragraphs 3 and 4, Article 64 (4) shall apply accordingly. It is presumed to be irrefutable that the date of the commensurate of the driving operation is the date of the re-establishment. (6) § 64 (3) (1) (a) to (c) must be applied accordingly. (7) For the purposes of this paragraph,

1.: "acceptance point" means the sum of the points of consumption for the driving operation in the rail transport of the undertaking; and
2.: "recording of the driving operation" means the first consumption of electricity for the purpose of driving.

Footnote

(+ + + § 65: For application, see § 66 and Section 103 (1) of the introductory sentence, para. 1 no. 6, para. 2, introductory sentence, para. 2 No. 3, para. 5, introductory sentence. Paragraph 7 sentence 3 + + +) Unofficial table of contents

Section 66 Application and decision-making effect

(1) The application in accordance with § 63 in conjunction with § 64, including the certificates pursuant to § 64 (3) (1) (c) and (2), shall be submitted in each case on 30 June of one year (material exclusion period) for the following calendar year. The first sentence shall be applied to applications pursuant to § 63 in conjunction with Section 65, including the certificates referred to in Article 64 (3) (1) (c). The other documents mentioned in § § 64 or 65 must be attached to an application pursuant to sentences 1 and 2. (2) From the application year 2015, the application must be submitted electronically via the portal established by the Federal Office for Economic Affairs and Export Control. be made. The Federal Office for Economic Affairs and Export Control is authorized to make any exceptions to the obligation to submit an electronic application pursuant to the first sentence of the first sentence of the Federal Gazette, which is to be published in the Federal Gazette (Bundesanzeiger). (3) By way of derogation from The first sentence of paragraph 1 may be submitted for the following calendar year in accordance with Article 64 (4) and applications by railway undertakings pursuant to § 65 (3) to (5) to the 30 September of one year for the following calendar year. Effect vis-à-vis the applicant, the electricity supply undertaking and the regulatory transmission system operator. It shall apply in each case for the calendar year following the application year. (5) The right of the transmission system operator responsible at the point of acceptance in question to be entitled to payment of the EEG recharge to the relevant Electricity supply undertakings shall be limited in accordance with the decision of the Federal Office for Economic Affairs and Export Control. The transmission system operators shall take account of this limitation in the compensation provided for in Article 58. If, during the period of validity of the decision, a change of the transmission system operator or the electricity supply undertaking responsible at the relevant acceptance point shall be made, the beneficiary shall be required to: the transmission system operator or the electricity supply undertaking and the Federal Office for Economic Affairs and Export Control shall communicate without delay.

Footnote

(+ + + § 66: For application, see § 100 (1) No. 10 (b), section 103 (1) of the introductory sentence, subsection 1 no. 6, para. 2, introductory sentence, para. 2 no. 3, para. 3, sentence 2, para. 4, sentence 2, and subsection. Paragraph 5 Input sentence and Section 103 (7) sentence 3 + + +)
(+ + + § 66 (5) sentence 2: For the application, see § 3 (1) sentence 3 AusglMechV 2015 + + +) Unofficial table of contents

Section 67 Conversion of undertakings

(1) Where the applicant undertaking has been converted in its last three financial years prior to the application or in the period thereafter until the end of the material exclusion period, the applicant shall be able to: Only if the economic and organizational unit of this enterprise is almost completely in the process of the conversion of the company before it is converted, companies are only able to use the data of the company prior to its conversion. to the applicant companies. Otherwise, § 64 (4) sentences 1 to 4 shall apply accordingly. (2) If the applicant or beneficiary is converted, it shall inform the Federal Office for Economic Affairs and Export Control immediately in writing. (3) the conversion of a beneficiary enterprise to an economic and organisational unit almost entirely to another company, the Federal Office for Economic Affairs and Export Control shall, at the request of the other undertaking, transfer the Limitation notice on this. The obligation of the requesting company to pay the EEG transfer determined in accordance with § 60 (1) shall only exist if the Federal Office for Economic Affairs and Export Control rejects the request for the transfer of the limiting modesty. In this case, the obligation to pay the EEG-transfer as determined in accordance with Article 60 (1) shall begin with the effect of the conversion. (4) Paragraphs 1 and 3 shall apply mutagenicly to independent company parts and to rail tracks.

Footnote

(+ + + § 67: For application, see Section 103 (1) of the introductory sentence, para. 1 no. 6, para. 2, introductory sentence, para. 2 No. 3, para. 5, introductory sentence. Paragraph 7 sentence 3 + + +) Unofficial table of contents

Section 68 Revocation of the decision, information, right of access

(1) The decision in accordance with § 63 shall also be taken back with effect for the past, if it is known that the conditions under § § 64 or 65 do not exist when granted. (2) For the purpose of checking the legal requirements the officials of the Federal Office for Economic Affairs and Export Control and the officials of the Federal Office shall be empowered to request the information required for the examination by natural persons acting on the beneficiaries of the beneficiaries, within the normal Business hours to inspect and verify business documents, and operational and to enter business premises and the corresponding land of the beneficiaries during the usual business hours. The natural persons acting on the beneficiaries must provide the information requested and submit the documents for inspection. In order to provide information, information on such questions may be refused, the answers to which they themselves or in section 383 (1) (1) to (3) of the Code of Civil Procedure of the Civil Procedure Code may be used to prosecute or to prosecute the victims of criminal proceedings in accordance with the law on administrative offences.

Footnote

(+ + + § 68: For application, see Section 103 (1) introductory sentence, para. 1 no. 6, para. 2, introductory sentence, para. 2 no. 3, para. 3 sentence 2, para. 4 sentence 2, para. 5, introductory sentence. Paragraph 7 sentence 3 + + +) Unofficial table of contents

Section 69 Information and obligation to provide information

The Federal Ministry of Economics and Energy, the Federal Office for Economic Affairs and the Federal Office for Economic Affairs and Energy (Federal Ministry for Economic Affairs and Energy) must evaluate and update sections 63 to 68 of the Federal Ministry for Economic Affairs and Energy (§ 63 to 68) Export control or its agents shall participate. They must be issued on request:

1.: Information on all electricity consumed by them, including those not covered by the limitation decision, in order to provide a basis for the development of efficiency requirements;
2.: information on possible and implemented efficiency-enhancing measures, in particular measures identified by the operation of the energy or environmental management system or of an alternative energy efficiency improvement system;
3.: information on all the components of the company's electricity costs, in so far as this is necessary for the calculation of average electricity prices for companies with similar power consumption; and
4.: Further information required for the evaluation and updating of § § 63 to 68.

The Federal Office for Economic Affairs and Export Control may elaborate the type of information provided in accordance with the second sentence. Business and business secrets must be safeguarded.

Footnote

(+ + + § 69: For application, see Section 103 (1) introductory sentence, para. 1 no. 6, para. 2, introductory sentence, para. 2 no. 3, para. 3 sentence 2, para. 4 sentence 2, para. 5, introductory sentence. Paragraph 7 sentence 3 + + +)

Part 5
Transparency

Section 1
Participation and publication obligations

Unofficial table of contents

§ 70 Principle

Plant operators, network operators and electricity supply companies shall immediately submit to each other the data required for the nationwide compensation in accordance with § § 56 to 62, in particular the data referred to in § § 71 to 74. Make available. § 62 shall apply accordingly. Unofficial table of contents

Section 71 Plant operator

System operators shall be required to:

1.: until 28 February of a year, provide all the data necessary for the final settlement of the previous year; and
2.: in the case of biomass plants according to § § 44 to 46, the type and quantity of the starting materials as well as information on heat protection and used technologies in accordance with § 45 (2) or § 47 (2) sentence 1 (2) or the proportion of liquid manure used in accordance with § 46 point 3 in the procedure prescribed for the detection procedure in accordance with Article 47.

Footnote

(+ + + § 71 No. 2: For application, see Section 100 (1) (10) (b) + + +) Unofficial table of contents

§ 72 Network operator

(1) Network operators which are not transmission system operators shall be required to have their upstream transmission system operator

1.

transmit the following information immediately after they are available, summarised:

a): the actual financial support for electricity produced from renewable energy sources and from mine gas or for the provision of installed power in accordance with the provisions of the Renewable Energy Sources Act in the respective plant the version to be applied,
b): the notifications received by the operators in accordance with Article 21 (1), in each case separately for the various forms of divestment referred to in Article 20 (1),
c): in addition to the information referred to in point (b), the energy carrier from which the electricity is generated in the installation concerned, the installed capacity of the installation and the duration since the change to the divestment form referred to in point (b) of Article 20 (1) (4). plant in question already uses this form of divestment,
d): the costs of retrofitting in accordance with § 57 (2) in conjunction with the system stability regulation, the number of retrofitted plants and the information they receive in accordance with § 71 and
e): the other information required for the nationwide compensation;

2.

by 31 May of a year by means of form templates provided by the transmission system operator on its website, in electronic form, the final invoice for the previous year, for each individual installation as well as ; § 32 (3) and (4) shall apply accordingly; until 31 May of a year, the upstream transmission system operator shall be required to submit proof of the costs to be replaced in accordance with § 57 (2) sentence 1; subsequent changes to the approaches shall be to communicate without delay to the transmission system operator and to the next settlement consideration.

(2) In order to determine the amounts of energy to be equated and the payment of financial support referred to in paragraph 1, it shall be necessary, in particular:

1.: the level of voltage to which the installation is attached,
2.: the level of the avoided network charges in accordance with § 57 (3),
3.: an indication of the extent to which the network operator has reduced the amount of energy from a downstream network; and
4.: an indication of the extent to which the network operator has delivered or consumed the amount of energy referred to in point 3 to the final consumer, the network operator or the electricity supply undertaking.

Footnote

(+ + + § 72: For application, see Section 73 (1) + + +)
(+ + + § 72 (1) no. 2: For the application, see § § 9 para. 4 no. 3 AusglMechV 2015 + + +)
(+ + + § 72 (2): For application, see Section 73 (2) sentence 2 + + +) Unofficial table of contents

Section 73 Transmission system operator

(1) For transmission system operators, § 72 shall apply mutatily, with the proviso that the data and the final settlement in accordance with § 72 (1) shall apply to installations which are connected to their network directly or indirectly pursuant to Article 11 (2), without prejudice to § § 72 (1). (2) Transmission system operators shall also have to pay the final accounts for the EEG repayment by 31 July of one year to the electricity supply undertakings for which they are responsible. of the previous year. § 72 (2) shall apply accordingly. (3) The transmission system operators shall continue to have the data for the calculation of the market premium in accordance with the provisions of Annex 1 (3) to this Act in a non-personal form and in the actual Annual average value of the market value for electricity from solar radiation energy ("MWSolar (a)") (4) Transmission system operators who make use of their right pursuant to Article 60 (2) sentence 3 shall inform all network operators in whose network the balance sheet has physical withdrawal points of the termination of the balance sheet contract. Unofficial table of contents

Section 74 Electricity supply undertakings

Electricity supply undertakings shall, without delay, notify the transmission system operator of the quantity of energy supplied to the final consumer by electronic means and, by 31 May, submit the final invoice for the previous year. As far as supplies are supplied via balance-sheet circuits, the amounts of energy must be communicated in a balanced way. The first sentence shall be applied to self-sufficient suppliers, with the exception of electricity from existing installations, for which there is no obligation to pay a transfer in accordance with Article 61 (3) and (4), and electricity produced from power generating installations within the meaning of Article 61 (2) (4), if the installed capacity of the Eigen generating system 10 kilowatts and the self-consumed amount of electricity does not exceed 10 megawatt-hours per calendar year. Transmission system operators shall, without delay and no later than 1 January 2016, make available nationwide uniform procedures for the fully automated electronic transmission of the data set out in the second sentence, which shall comply with the requirements of the Federal Data Protection Act.

Footnote

(+ + + § 74: For application, see Section 60 (2) and Section 76 (1) + + +) Unofficial table of contents

§ 75 Testation

The combined final accounts of the network operators pursuant to Section 72 (1) (2) must be audited by an auditor, an accounting firm, a sworn accountant or a bookkeeping company. In addition, the network operators and the electricity supply companies may require that the final accounts be submitted in accordance with Articles 73 and 74 on presentation by an auditor, an accounting firm, a sworn accountant or an auditor. The audit firm will be examined. Consideration shall be given to the following:

1.: the supreme jurisprudence,
2.: the decisions of the Federal Network Agency in accordance with § 85 and
3.: the decisions of the clearing house in accordance with Article 81 (4), first sentence, point 1 or paragraph 5.

§ 319 (2) to (4), § 319b (1), § 320 (2) and § 323 of the Commercial Code shall be applied accordingly for the tests in accordance with sentences 1 and 2.

Footnote

(+ + + § 75: For application, see Section 62 (2) sentence 2 and Section 103 (6) sentence 2 + + +) Unofficial table of contents

Section 76 Information of the Federal Network Agency

(1) Network operators shall be required to provide the information they receive in accordance with § 71 of the system operators, the information referred to in section 72 (2) (1) and the final accounts in accordance with section 72 (1) (2) and section 73 (2), including those for their review. shall be submitted in electronic form at the end of the respective time limits of the Federal Network Agency; the first half-sentence shall be applied for electricity supply undertakings and self-sufficient suppliers in respect of the information provided for in § 74. (2) As far as the Federal Network Agency provides form templates, network operators must: Electricity supply undertakings and plant operators shall transmit the data in this form. The data referred to in paragraph 1, with the exception of the electricity reference costs, shall be provided to the Federal Ministry for Economic Affairs and Energy by the Federal Network Agency for statistical purposes as well as the evaluation of the law and the reporting in accordance with § § 97 to 99. Made available. Unofficial table of contents

Section 77 Information to the public

(1) Network operators and electricity supply undertakings shall publish on their Internet sites:

1.: the information provided for in § § 70 to 74 immediately after its transmission and
2.: A report on the identification of the data communicated by them in accordance with § § 70 to 74 immediately after 30 September of a year.

They must keep the information and the report at the end of the following year. Section 73 (1) shall remain unaffected. (2) The transmission system operators shall be required to receive the quantities of electricity financed pursuant to section 57 (1) and marketed in accordance with § 59, as well as the information referred to in Article 72 (1) (1) (c) in accordance with the conditions laid down in (3) The information and the report must enable a knowledgeable third person to be able to do so without further information. (4) Information to be provided on the basis of the The reason for the legal regulation according to § 93 on the Internet is not to be published by the network operators.

Section 2
Electricity labelling and double marketing ban

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Section 78 Electricity identification according to the EEG-Reposition

(1) In return for the payment of the EEG transfer pursuant to section 60 (1), electricity supply companies are entitled to label electricity as "renewable energy sources, funded under the Renewable Energy Sources Act". The property of the electricity shall be shown to the latter in the context of electricity labelling in accordance with the provisions of paragraphs 2 to 4 and section 42 of the Energy Economic Law. (2) The person referred to in paragraph 1 as against their last consumers share is calculated as a percentage by the fact that the EEG situation which the electricity supply company has actually paid for the quantity of electricity supplied to its final consumer in one year,

1.: is multiplied by the EEG ratio referred to in paragraph 3,
2.: then divided by the total quantity of electricity delivered to its last consumer this year; and
3.: is then multiplied by hundreds.

The proportion referred to in paragraph 1 is a direct component of the quantity of electricity supplied and cannot be separately identified or further marketed. (3) The EEG ratio is the ratio of the sum of the amount of electricity used in the previous The financial support provided for in Article 19 of this Regulation has been taken up by the transmission system operator in respect of the total revenue received by the transmission system operators from the EEG transfer for the last calendar year by the electricity supply companies delivered amounts of electricity to the last consumer. Transmission system operators shall publish on a common Internet platform, in a uniform format, by 31 July each year, the EEG quotient in non-personal form for the preceding calendar year. (4) The shares of the in accordance with Article 42 (1) (1) (1) and (3) of the Energy Economics Act, except for the share of "electricity from renewable energy sources, funded under the Renewable Energy Sources Act", shall be proportional to the respective energy sources. Final consumer for the percentage to be shown in accordance with paragraph 1 (5) In addition to the total energy mix, electricity supply undertakings have, in addition to the total energy mix, a separate one, according to the rates 3 and 4, compared to the final consumers whose obligation to pay the EEG surcharge is limited in accordance with § § 63 to 68. authorizing "energy carrier mix for companies privileged under the Renewable Energy Act". In this energy-carrier mix, the shares shall be rejected in accordance with Section 42 (1) (1) of the German Energy Law. By way of derogation from paragraph 2, the percentage of "renewable energy sources, funded under the Renewable Energy Sources Act", is calculated by the EEG transfer, which the electricity supply company actually uses for the one year in each case. the quantity of electricity supplied to last consumer,

1.: is multiplied by the EEG ratio referred to in paragraph 3,
2.: then divided by the total quantity of electricity supplied to the respective last consumer, and
3.: is then multiplied by hundreds.

The shares of the other energy carriers to be supplied in accordance with Article 42 (1) (1) of the Energy Economic Law shall be reduced in proportion to the respective final consumer by the percentage calculated in accordance with the third sentence. (6) For self-sufficieners, which, according to Article 61, must pay the EEG repayment, the provisions of paragraphs 1 to 5 shall apply mutatically, with the proviso that their own electricity shall be regarded as a proportion of "electricity from renewable energy sources, funded under the Renewable Energy Sources Act". Unofficial table of contents

Section 79 Origin of origin

(1) The competent authority shall issue certificates of origin for electricity produced from renewable energy sources which are directly marketed in other ways in accordance with Article 20 (1) (2). The competent authority shall transmit and devalue proofs of origin. The exhibition, transmission and devaluation shall be carried out electronically and in accordance with the certificate of origin regulation. Proofs of origin must be protected from abuse. (2) The competent authority shall, on request, recognise foreign proofs of origin for electricity from renewable energy sources in accordance with the Certificate of Origin Regulation. Sentence 1 shall apply only to proofs of origin which have at least the requirements of Article 15 (6) and (9) of Directive 2009 /28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources Sources and amending and subsequently repealing Directives 2001 /77/EC and 2003 /30/EC (OJ L 136, 31.3.2001, p. OJ L 140, 5.6.2009, p. 16). Electricity, for which a guarantee of origin has been recognised in accordance with the first sentence, shall be deemed to be the electricity directly marketed in accordance with Article 20 (1) (2) in any other way. (3) The competent authority shall establish an electronic database in which the exhibition, Recognition, transfer and devaluation of proofs of origin are registered (certificate of origin register). (4) Competent authority within the meaning of paragraphs 1 to 3 is the Federal Environment Agency. (5) Origin certificates are not financial instruments within the meaning of § 1 Paragraph 11 of the Banking Act or Section 2 (2b) of the Securities trading law. Unofficial table of contents

§ 80 Double marketing ban

(1) Electricity from renewable energy sources and mine gas as well as landfill or sewage gas and gas from biomass fed into a gas network may not be sold on several occasions, otherwise left to be sold or sold to a third person in breach of § 56. Electricity from renewable energy sources or from Grubengas may not, in particular, be sold in several forms of divestment pursuant to section 20 (1) or several times in the same form in accordance with section 20 (1). As long as plant operators sell electricity from their facility in a form of divestment pursuant to § 20 (1), no claims shall be made of any other form of divestment pursuant to § 20 (1). In the context of direct marketing, the marketing as regular energy is not to be regarded as a multiple sale or other transfer of electricity. (2) Plant operators, which receive financial support in accordance with § 19 for electricity produced from renewable energy sources or use of mine gas shall not pass on proofs of origin or any other evidence proving the origin of the electricity for that electricity. If a plant operator provides proof of origin or other proof that proves the origin of the electricity, for electricity from renewable energy sources or from Grubengas, no financial support may be required under section 19 for this electricity (3) As long as emission reduction units can be produced as part of a joint project implementation according to the Project Mechanisms Act for the emission reductions of the plant, the electricity from the relevant plant may be used for the purposes of: in accordance with § 19.

Part 6
Legal protection and administrative procedures

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Section 81 Clearingstelle

(1) A clearing house shall be established for this Act. The operation is carried out on behalf of the Federal Ministry for Economic Affairs and Energy by a legal person under private law. (2) The clearing house is responsible for questions and disputes.

1.: for the purposes of Articles 5, 7 to 55, 70, 71, 80, 100 and 101 and the legal regulations adopted for this purpose on the basis of this Act,
2.: for the application of the provisions which complied with the provisions referred to in paragraph 1 in a version of that law as in force before 1 August 2014,
3.: for the application of Section 61, to the extent that installations are affected, and
4.: for the measurement of the electricity supplied or consumed for the operation of an installation.

(3) The tasks of the clearing house shall be:

1.: the avoidance of disputes and
2.: the settlement of disputes.

In the performance of these tasks, the regulations on the protection of personal data and the protection of operational or business secrets as well as decisions of the Federal Network Agency according to § 85 must be observed. In addition, the principles of Directive 2013 /11/EU of the European Parliament and of the Council of 21 May 2013 on the alternative settlement of consumer disputes and amending Regulation (EC) No 2006/2004 and the Directive 2009 /22/EC (OJ L 327, 63) shall be taken into account in appropriate application. (4) The clearing house may be used to avoid or resolve disputes between parties to the proceedings.

1.: Procedures between the parties to the proceedings shall be carried out on their joint request; Section 204 (1) (11) of the Civil Code shall be applied accordingly; the procedures may also be used as a arbitration procedure in the sense of the Tenth Book of the Code of Civil Procedure, if the parties have reached an arbitration agreement, or
2.: Opinions for ordinary courts in which these disputes are legal, at their request.

Process parties may be plant operators, direct marketing operators and network operators. Your right to appeal to the ordinary courts remains unaffected. (5) In order to avoid disputes, the clearing house may also carry out procedures for clarifying questions beyond the individual case, provided that this is at least one of the operators of the system, a direct marketing operator, a network operator or an association is requested and there is a public interest in clarifying these issues. (6) The performance of the tasks referred to in paragraphs 3 to 5 shall be carried out in accordance with the rules of procedure which the clearing house itself gives itself. The Rules of Procedure must also contain rules on how a arbitration procedure is carried out by the clearing house. Decree and amendments to the Rules of Procedure require the prior approval of the Federal Ministry for Economic Affairs and Energy. The performance of the tasks referred to in paragraphs 3 to 5 shall be subject to the prior agreement of the parties to the Rules of Procedure. (7) The clearing house shall give priority to the tasks referred to in paragraphs 3 to 5, and speed up. (8) The performance of the tasks referred to in paragraphs 3 to 5 shall not be the legal service within the meaning of Article 2 (1) of the Legal Services Act. A liability of the operator of the clearing house for financial damage arising out of the performance of the tasks shall be excluded; this shall not apply to any purpose. (9) The clearing house must annually report on the performance of the clearing house. (10) The clearing house may, in accordance with its Rules of Procedure, charge for the purpose of covering the cost of acts referred to in paragraph 4 of this Regulation. Parties to the proceedings. The procedures referred to in paragraph 5 shall be carried out free For other acts related to the tasks referred to in paragraphs 3 to 5, the clearing house may collect charges to cover the charges. Unofficial table of contents

Section 82 Consumer protection

§ § 8 to 14 of the Act against Unfair Competition apply mutagenic to violations of § § 19 to 55. Unofficial table of contents

Section 83 Legal protection

(1) At the request of the plant operator, the court responsible for the main matter may, before the installation of the installation, take into account the circumstances of the individual case, by means of an inconsant order, that the debtor of the court in accordance with § § 8, 11, 12, 19 and 52 shall provide information on the matter, provisionally connect the plant, immediately optimise, strengthen or expand its network, decrease the electricity and, as cheap and equitable, the amount to be paid as a payment for the financial support must be provided. (2) The inconsant may be issued, even if the conditions laid down in § § 935 and 940 of the Code of Civil Procedure do not exist. Unofficial table of contents

Section 84 Use of sea waterways

As long as plant operators take advantage of a financial support according to § 19, they can use the German exclusive economic zone or the territorial sea free of charge for the operation of the plants. Unofficial table of contents

Section 85 Tasks of the Federal Network Agency

(1) The Federal Network Agency shall, subject to further tasks conferred on it by legal ordinances on the basis of this Act, carry out the task of monitoring that:

1.: the network operators shall only regulate installations under Article 14, which they have the right to regulate;
2.: the transmission system operators market the electricity, according to § § 19 and 57, in accordance with § 59 in conjunction with the Compensatory Mechanism Regulation, to correctly identify, determine, publish and to publish the EEG-related situation electricity supply undertakings, and in particular the transmission system operators shall be charged only with financial support in accordance with § § 19 to 55, taking into account the salations in accordance with Article 57 (4),
3.: the data are transmitted in accordance with § 76 and are published in accordance with § 77,
4.: the electricity supplied under this law shall be labelled only in accordance with § 78.

For the purpose of carrying out the tasks referred to in paragraph 1 (2), checks may be carried out on grounds of reasonable suspicion among plant operators, electricity supply undertakings and network operators. The right of plant operators or network operators to appeal to ordinary courts or to initiate proceedings before the clearing house pursuant to Section 81 (4) shall remain unaffected. (3) The Federal Network Agency may, taking into account the purpose and aim of Meeting in accordance with § 1 of the German Energy Act (Energiewirtschaftsgesetz)

1.

to the technical bodies referred to in Article 9 (1) and (2), in particular the data formats,

2.

within the scope of section 14 thereof,

a): in which order the various installations and cogeneration plants concerned by a measure pursuant to § 14 are regulated,
b): according to which criteria the network operator has to decide on this order,
c): which power generation plants, in accordance with Article 14 (1), first sentence, point 2, must remain on the grid even if the feed-in management is applied in order to ensure the security and reliability of the electricity supply system;

3.

for the handling of changes pursuant to § 21, in particular to procedures, deadlines and data formats,

4.

for the verification of the remote control according to § 36, in particular on procedures, deadlines and data formats, and

5.

in order to take account of electricity from solar radiation energy consumed by itself, in the case of the publication requirements in accordance with § 73 and in the calculation of the monthly market value of electricity from solar radiation energy as set out in Annex 1, point 2.2.4 to this Law, in particular for calculation or estimation of the current quantities.

(4) For the performance of the tasks of the Federal Network Agency pursuant to this Act and the legal regulations issued pursuant to this Act, the provisions of Part 8 of the Energy Economic Act, with the exception of the second sentence of Article 69 (1) and the second sentence, shall be 10, § § 91, 92 and 95 to 101 as well as section 6 accordingly. (5) The decisions of the Federal Network Agency pursuant to paragraph 4 shall be taken by the decision-making chambers. Sentence 1 shall not apply to decisions relating to the invitation to tender for financial support pursuant to section 55 and the regulation on the basis of § 88. § 59 (1) sentences 2 and 3, paragraphs 2 and 3 as well as § 60 of the Energy Economic Law shall apply accordingly. Unofficial table of contents

Section 86 Penal rules

(1) Contrary to the law, those who intentionally or negligently act

1.

, contrary to the first sentence of Article 80 (1), the sale, transfer or sale of electricity or gas,

2.

an enforceable arrangement in accordance with § 69 sentence 2,

3.

an enforceable arrangement in accordance with Section 85 (4) in conjunction with Section 65 (1) or (2) or § 69 (7) sentence 1 or paragraph 8 sentence 1 of the Energy Economic Law, or

4.

of a legal regulation

a): in accordance with Section 90 (3),
b): in accordance with Section 92 (1),
c): in accordance with Section 92 (3) or (4),
d): pursuant to section 93 (1), (4) or (9)

or a enforceable order by virtue of such a decree, to the extent that the legal regulation refers to that fine for a certain amount of the offence.

(2) In the cases referred to in paragraph 1 (4) (a), (c) and (d), the administrative offence may be punishable by a fine of up to EUR 50 000 and, in the other cases, with a fine of up to two hundred thousand euro. The meaning of Section 36 (1) (1) of the Code of Administrative Offences is

1.: the Federal Network Agency, in the cases referred to in points 1, 3 or 4 (d) of paragraph 1,
2.: the Federal Office for Economic Affairs and Export Control in the cases referred to in paragraph 1 (2),
3.: the Federal Agency for Agriculture and Food, in the cases referred to in paragraph 1 (4) (a), and
4.: the Federal Environment Agency in the cases referred to in paragraph 1 (4) (b) or (c).

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Section 87 Fees and charges

(1) Fees and expenses are levied for official acts in accordance with this law and the legal regulations based on this law, as well as for the use of the certificate of origin register and the register of assets; the administrative burden may also be applied to this shall be taken into account, each of which shall be the subject of the regulatory authority. The Administrative Costing Act of 23 June 1970 (BGBl) is the subject of the fee collection for official acts in accordance with the first sentence of the first sentence. 821), in the version valid on 14 August 2013. The provisions of Sections 2 and 3 of the Administrative Costing Act shall apply mutas to the use of the Certificate of Origin Register and the register of assets in the version in force on 14 August 2013. (2) The chargeable Tatstocks and the fee rates shall be determined by means of a regulation without the consent of the Federal Council. Fixed rates can also be provided in the form of time fees or framework rates and the reimbursement of expenses can also be regulated by way of derogation from the Administrative Costs Act. The Federal Ministry for Economic Affairs and Energy is authorized to issue the legal regulations. This authorisation may be transferred to a federal authority by means of a regulation without the consent of the Federal Council, insofar as these tasks are carried out pursuant to this Act or by a decree-law in accordance with § § 88, 90, 92 or § 93. By way of derogation from sentence 3, the Federal Ministry of Food and Agriculture is in agreement with the Federal Ministry of Finance, the Federal Ministry for Economic Affairs and Energy and the Federal Ministry for the Environment, Nature Conservation, Building and Reactor safety for the enactment of the Legal Regulation for official acts of the Federal Agency for Agriculture and Food in connection with the recognition of systems or with the recognition and supervision of an independent control body in accordance with the Biomassestrom-Sustainability Regulation empowered.

Part 7
Regulation, reports, transitional provisions

Section 1
Regulation

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Section 88 Regulation authorizing the call for tenders for the promotion of open-air facilities

(1) The Federal Government is empowered to provide for the provisions of Section 55 by means of a regulation without the consent of the Federal Council.

1.

on procedures and content of calls for tenders, in particular

a): to the total annual output of megawatt or electrical work to be installed at megawatt or electrical work,
b): for the allocation of the annual quantity of tenders in subsets and the determination of minimum and maximum sizes of partial persons,
c): setting minimum and maximum amounts for financial support for electrical work or for the provision of installed power,
d): to the price formation, the number of tendering rounds and the expiry of the calls for tenders,
e): by way of derogation from § 51 or Article 55 (2) (2), point 2, to determine areas on which installations may be constructed,

2.

on further conditions pursuant to Article 55 (2) (4), in particular:

a): limit the size of the plant and, by way of derogation from § 32 (1) and (2), to regulate the summary of installations,
b): to meet the requirements of network or system integration of the installations,
c): to apply deviating regulations to § § 19 to 39 and 55 (2) number 2,

3.

the requirements for participation in invitations to tender, in particular:

a): the minimum requirements for the suitability of the participants,
b): place requirements on the planning and approval levels of the projects,
c): to provide for the nature, form and content of collateral to be provided by all participants in invitations to tender or only in the event of the award of contracts, in order to ensure the putting into service and operation of the installation, and the appropriate arrangements for the partial or total repayment of such collateral,
d): specify how participants in calls for tenders must demonstrate compliance with the requirements referred to in points (a) to (c),

4.

the nature, form and content of the award of the award in the context of an invitation to tender and the criteria for the award of the award,

5.

the nature, form and content of the financial support awarded by a surcharge, in particular the rules governing the

a): financial support for electrical work per kilowatt-hour, for the provision of installed power in euros per kilowatt or for a combination of both variants also deviating from the provisions in § § 19 to 39 to be paid,
b): a grant awarded by contract shall remain independent of any third party legal protection proceedings against the tendering procedure or the award of the award;

6.

on a rate of application for the production of non-inflicted bids;

7.

requirements intended to ensure the operation of the installations, in particular where an installation has not been put into service or has been put into service late or is not operated to a sufficient extent,

a): to provide for a payment of funds and to regulate their level and the conditions for payment of the payment;
b): rules on the exclusion of tenderers in future calls for tenders; and
c): provide for the possibility to withdraw or amend the grant rights granted in the context of the calls for tenders after a certain period of time and then to grant them again, or the duration or amount of the grant entitlement after the expiry of a to change a certain period,

8.

the nature, form and content of the publications, the publication of calls for tenders, the results of the invitation to tender and the necessary communications to the network operators,

9.

for the transferability of eligibility before the plant is put into service and its binding assignment to an installation, in particular:

a): to the deadline and formal requirements and notification requirements to be observed,
b): to the group of authorised persons and to the requirements to be met by them,

10.

the information to be transmitted in accordance with points 1 to 9 and the protection of the personal data transmitted in this connection.

(2) The Federal Government is empowered to do so by means of a regulation without the consent of the Bundesrat, within the scope of section 55 and by way of derogation from the scope of this law for electricity from open-air plants which are located in another Member State of the European Union, to the implementation of Article 2 (6)

1.

to the effect that a right to financial support exists under this Act, if:

a): the plant operator has a grant which has been awarded by contract in the context of an invitation to tender,
b): from the commissioning of the installation, the entire electricity generated during the transport period in the installation is not consumed by itself,
c): is ensured that the actual impact of the electricity generated in the plant on the German electricity grid or on the German electricity market is comparable to the effect the electricity would have on feeding in the federal territory,
d): with the Member State of the European Union in which the installation is to be established, an international treaty or administrative agreement has been concluded, in which the further conditions for the right to the financial support, the procedure and the content and the extent of the financial support have been regulated with the Member State of the European Union, and this international treaty or administrative agreement shall be governed by the principle of: mutual cooperation in the promotion, exclusion of double funding and the appropriate distribution of costs and benefits between Germany and the other Member State,
e): the other conditions laid down in this Act or the legal regulation referred to in paragraph 1, with the exception of the conditions laid down in Article 51 (1), are satisfied, unless, on the basis of points 2 to 5, different provisions in the legal regulation have been hit,

2.

to meet the requirements of paragraph 1 (1) to (10), in particular:

a): by way of derogation from the conditions laid down in § § 19, 34, 35 (3), § § 37 to 39 of the requirement of actual feeding into the network in the federal territory, to make sure that even without a feed into this network the subsidised The quantity of electricity has an actual effect on the German electricity grid or on the German electricity market which is comparable to the feed in the federal territory, as well as the conditions and the procedure for the detection,
b): Regulations relating to the opponent concerned, who is obliged to pay the financial support, the reimbursement of the corresponding costs and the conditions of the right to financial support in deviation from the § § 19, 23 to 26 to provide,
c): to lay down rules on the level of financial support and financial support for the electricity produced by this Act and by the other Member State of the European Union,

3.

from § 6 (2), § 55 (4), from § § 70 to 72 and 75 to 77 as well as from the legal decree according to § 93 different regulations concerning the obligations of participation and publication,

4.

§ § 8 to 18 to apply different regulations for network and system integration,

5.

to provide for arrangements to take account of installations in the calculation of the target corridor in accordance with Article 31 (1);

6.

§ § § 56 to 61 to meet different regulations on the costs of costs and the nationwide compensation of the costs of the financial support of the plants,

7.

§ 81 derogating regulations for the avoidance or settlement of disputes by the clearing house and by § 85 deviating regulations on the competence of the Federal Network Agency.

(3) In order to implement the international legal agreement or the administrative agreement referred to in paragraph 2 (1) (d), the Federal Government shall be authorized, by means of a legal regulation, without the consent of the Federal Council, for plant operators of open-surface installations which have been established in the territory of the Federal Republic of Germany and have a right to financial support in a support system of another Member State of the European Union,

1.: by way of derogation from § § 19 to 55, the amount of the financial support or the omission of entitlement to financial support under this Act shall be laid down if there is entitlement to a grant from another Member State,
2.: by way of derogation from § 15, the compensation shall be settled.

(4) The Federal Government is empowered to do so by means of a regulation without the consent of the Bundesrat, within the scope of § 55

1.: by way of derogation from paragraphs 1 and 2 and section 55, not the Bundesnetzagentur, but another legal person under public law to be entrusted with the invitation to tender or, to an appropriate extent, a legal person of private law , and to give details of this,
2.: to authorize the Federal Network Agency, taking into account the purpose and objective of Article 1 of the German Energy Act, to regulate the calls for tender, including the specific design of the regulations, in accordance with § 1 of the German Energy Act. Paragraph 1 (1) to (10) and (2).

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Section 89 Regulation authorisations for electricity production from biomass

(1) The Federal Government is empowered to regulate within the scope of § § 44 to 46 by means of a regulation without the consent of the Federal Council,

1.: which substances are considered as biomass, and
2.: which technical processes may be used for power generation.

(2) The Federal Government is also empowered to comply with the requirements of a mass balance system for the tracing of gas removed from a natural gas network by means of a legal regulation without the consent of the Bundesrat, within the scope of section 47 (6) (2). rules. Unofficial table of contents

Section 90 Regulation empowerment on sustainability requirements for biomass

The Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety is authorized, in agreement with the Federal Ministry for Economic Affairs and Energy and the Federal Ministry of Food and Agriculture, by legal regulation without Approval of the Federal Council

1.

rules that the right to financial support for electricity produced from solid, liquid or gaseous biomass only exists if the biomass used for the production of electricity meets the following requirements:

a): certain ecological and other requirements for sustainable cultivation and the land used by the cultivation, in particular for the protection of natural habitats, of grassland with a large biological diversity within the meaning of the Directive 2009 /28/EC and of areas with high carbon stocks,
b): certain environmental and social requirements for sustainable production,
c): a specific greenhouse gas reduction potential which must be at least achieved in the production of electricity,

2.

to regulate the requirements set out in point 1, including the greenhouse gas mitigation requirements referred to in point 1 (c),

3.

to determine how plant operators must demonstrate compliance with the requirements set out in points 1 and 2, including rules

a): the content, the form and the period of validity of such evidence, including arrangements for the recognition of evidence which, in accordance with the law of the European Union or of another State, as proof of the fulfilment of requirements by number 1.
b): for the inclusion of systems and independent control bodies in the detection system and
c): the requirements for the recognition of systems and independent supervisory bodies, as well as the measures to be taken to monitor them, including the necessary information, inspection, sampling and instruction rights, as well as the right of the competent authorities to: Authority or independent inspection bodies to enter land, commercial, operating and storage spaces and means of transport during the business or operational period, where this is necessary for supervision or control,

4.

to entrust the Federal Agency for Agriculture and Food with tasks which ensure compliance with the requirements laid down in the legal regulation referred to in points 1 to 3, in particular with the more detailed provision of the requirements laid down in the Regulation on the basis of points 1 and 2 of this Regulation and the performance of tasks referred to in point 3.

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Section 91 Regulation authorizing the compensation mechanism

The Federal Government is authorized to regulate the further development of the nationwide compensation mechanism by means of a legal regulation without the consent of the Bundesrat,

1.

guidelines for the marketing of the electricity produced under this law, including:

a): the ability to pay compensation and transaction costs through financial incentives, or to involve transmission system operators in the profits and losses incurred in marketing,
b): monitoring of marketing,
c): Requirements for the placing on the market, account management and identification of the EEG surcharge, including publication and transparency obligations, deadlines and transitional arrangements for financial compensation,

2.

that, and under what conditions, the transmission system operators may be entitled to:

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 within the scope of the compensation mechanism, provided that they are economically appropriate,
b): Installations which will be put into service after 31 December 2015, in the event of a continuing negative price,

3.

that the transmission system operators may be obliged to maintain a common transparent EEG account, in particular for the offsetting of the sales revenue, the necessary transaction costs and the remuneration payments,

4.

that the transmission system operators may be obliged to jointly, on the basis of the projected electricity quantities from renewable energy sources and mine gas, the estimated costs and revenues, including a liquidity reserve for the the following calendar year and with the calculation of the balance of the EEG account for the following calendar year, to identify and publish, in a non-personal form, an EEG-wide-scale uniform national situation;

5.

the tasks of the transmission system operators may be transferred, in whole or in part, to third parties identified in the framework of a tendering or other objective, transparent and non-discriminatory procedure, including: rules for the procedure to be carried out, including the invitation to tender for the services provided by the transmission system operators in the framework of the nationwide compensation, or the quantities of EEG electricity, and the possibility of: Exercise by third parties by way of derogation from the to regulate transmission system operators,

6.

the necessary adaptations to the arrangements for direct marketing and the necessary adjustments to the special compensation scheme for electricity-intensive undertakings and railway undertakings, the retrospective correction scheme, the Powers of the Bundesnetzagentur, the transfer and publication obligations as well as the EEG surcharge to the further developed compensation mechanism,

7.

that, in the case of Article 61, the EEG transfer for electricity from installations or other power generating installations must be paid by way of derogation from § § 60 and 61 to the network operator, to whose network the installation is connected, and that network operator shall pay the payment to the network operator. the transmission system operator; whereas, in this case, claims for payment of the EEG transfer may also be charged with claims to financial support, notwithstanding Article 33 (1), and it may be regulated,

a): when payments will have to be made on the EEG surcharge or when the payments have to be paid; and
b): How the notification and publication obligations are adjusted by way of derogation from § § 70 to 76.

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Section 92 Regulation empowerment of guarantees of origin

The Federal Ministry for Economic Affairs and Energy is authorized to do so by means of a regulation without the consent of the Federal Council

1.

to regulate the requirements

a): the issuing, transfer and devaluation of proofs of origin in accordance with § 79 (1),
b): the recognition, transfer and devaluation of proofs of origin issued prior to the entry into service of the register of origin, and
c): the recognition of guarantees of origin in accordance with § 79 (2),

2.

to determine the content, form and validity of the proofs of origin;

3.

lay down the procedure for the issuing, recognition, transfer and devaluation of proofs of origin, as well as the way in which applicants must demonstrate compliance with the requirements laid down in point 1,

4.

to regulate the design of the certificate of origin register in accordance with Article 79 (3) and to specify which information must be provided to the certificate of origin and who is obliged to submit it; this shall include provisions for the protection of the origin of the register of origin. of personal data;

5.

by way of derogation from Article 79 (5), that guarantees of origin are financial instruments within the meaning of Article 1 (11) of the Banking Act or Section 2 (2b) of the German Securities Trading Act (Securities Trading Act),

6.

by way of derogation from § 78, in the context of electricity labelling, to regulate the expulsion of electricity for which financial support is claimed in accordance with § 19; in particular, by way of derogation from Section 79 (1), the exhibition of the guarantees of origin for this electricity to the transmission system operators shall be regulated,

7.

by way of derogation from Article 79 (4), a legal person under public law with the tasks referred to in Article 79 (1) to (3), in particular with the establishment and operation of the register of origin and with the issuing, recognition, transfer or to devaluation of proofs of origin, including the enforcement of the administrative acts to which they are subject, or to insult a legal person under private law to that effect, and to that effect, the details, including the Legal and professional supervision by the Federal Environment Agency (Umweltbundesamt).

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Section 93 Regulation empowerment of the register of plants

The Federal Ministry for Economic Affairs and Energy is authorized to regulate the register of assets according to § 6 by means of a legal regulation without the consent of the Federal Council:

1.

the information referred to in Article 6 (2) and further information which must be sent to the register of assets, including the requirements for the type, formats, scope and preparation; the further information shall include in particular information on:

a): the self-sufficienly of the plant,
b): the date of entry into service of the installation,
c): the technical characteristics of the plant,
d): the network to which the installation is connected,

2.

Who shall communicate the further information referred to in point 1, in particular whether plant operators, network operators, public authorities or other persons are obliged to submit them,

3.

the procedure for registering the installations, including the time-limits and the provision that, by way of derogation from Article 6 (2), the registration by the operator of the installation must be carried out by a third party who is obliged to submit it to the register of installations is,

4.

the verification of the information stored in the register of assets, including the necessary compaction obligations for plant operators and network operators,

5.

that, by way of derogation from Article 21 (1), changes in the forms of sale shall be communicated to the register of assets, including the time limits for data transmission and provisions on format and procedures;

6.

that the information shall be matched with the evidence of the register of origin register in accordance with section 79 (3) or with other registers and records which are set up or produced

a): pursuant to this Act or by a regulation adopted in accordance with this Regulation;
b): on the basis of the Energy Economic Act or a regulation adopted or adopted in accordance with the provisions of this Regulation, or
c): on the basis of the law against restrictions on competition or a regulation adopted or adopted in accordance with the provisions of this Regulation,

in so far as the relevant provisions for these registers and records do not conflict with one another,

7.

that information supplied by the plant operators to installations requiring approval is checked against data from the competent licensing authority,

8.

what registered information is to be published on the Internet, with a high degree of transparency to be sought with due regard to data protection; this also includes provisions in accordance with Article 26 (2) on the necessary Publications for the purpose of verifying the production of electricity from biomass, wind turbines on land and plants for the production of electricity from solar radiation energy and the applicable legends in accordance with § § 28, 29 and 31. values,

9.

the obligation of network operators to obtain the respective actual feed-in of installations registered in the register of installations and which are equipped with technical equipment within the meaning of Article 9 (1) (2), and to provide such information to the to transmit the register of assets, including the time limits and the requirements for the type, format, scope and preparation of the data to be transmitted,

10.

the relationship to the transfer and publication obligations in accordance with § § 70 to 73; this may in particular determine the extent to which information collected and published in the asset register from the date of its publication no longer must be transmitted and published in accordance with § § 70 to 73,

11.

The nature and extent of the disclosure of information to:

a): Network operators to carry out their duties under this Act and the Energy Economic Law,
b): public authorities to carry out their tasks in connection with the development of renewable energy sources,
c): Third, insofar as this is necessary for the performance of the tasks referred to in point (b), or where there is a legitimate interest in the information for which the publication referred to in point 8 is not sufficient; information in accordance with § 6 (2) (1) may not be applied to: Third parties are passed on

12.

the empowerment of the Federal Network Agency, by laying down provisions in accordance with § 29 of the German Energy Act:

a): further information to be provided by plant operators or network operators, where this is required in accordance with the second sentence of Article 6 (1),
b): that, by way of derogation from a legal regulation referred to in paragraph 1, certain particulars shall no longer have to be provided, in so far as they are no longer required in accordance with the second sentence of Article 6 (1), with the exception of the information provided for in Article 6 (2),
c): the nature and scope of extended access to information in the register of installations for certain passenger groups to improve market and network integration;

13.

Rules on the protection of personal data in connection with the information to be transmitted under points 1 to 11, in particular information, information and cancellation obligations,

14.

the transfer of the register of assets pursuant to § 6 (4) to the entire register of assets in accordance with § 53b of the German Energy Act (Energiewirtschaftsgesetz), including the necessary regulations for the transfer of the registered data as well as for the performance of tasks according to 6 (1), second sentence, by the whole register of plants.

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Section 94 Regulation appropriations relating to the special compensation scheme

The Federal Ministry for Economic Affairs and Energy is authorized to do so by means of a regulation without the consent of the Federal Council

1.

Guidelines for the determination of efficiency requirements to be applied in the calculation of the standardised electricity consumption in the calculation of the electricity cost intensity in accordance with Article 64 (6) point 3, in particular for the purpose of determining the efficiency of the electricity consumption. Current efficiency reference values, which correspond to the state of advanced, current-efficient production technologies, or other efficiency requirements, so that the actual power consumption does not, but the standardized power consumption at the the calculation of the electricity costs can be applied;

a): take account of benefits made by companies through investments in advanced production technologies, or
b): Findings from the information on the operation of energy or environmental management systems or alternative systems for improving energy efficiency by the companies pursuant to § 69 sentence 2, points 1 and 2 are used,

2.

specify the average electricity prices in accordance with § 64 (6) (3) for the calculation of the electricity cost intensity of a company and how these electricity prices are calculated; in particular:

a): Electricity prices for different groups of companies with similar power consumption or electricity consumption patterns, which represent the electricity market qualities, and
b): statistical summaries of electricity prices available in industry are taken into account,

3.

To include or remove industries from Annex 4 as soon as and to the extent necessary for the approximation of the decisions of the European Commission.

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Section 95 Further Regulation

The Federal Government is also empowered to do so by means of a regulation without the consent of the Bundesrat

1.

the calculation procedure for the compensation in accordance with Article 15 (1), in particular a flat-rate procedure for the determination of the respective lost revenue and saved expenses, as well as a verification procedure for the settlement in the individual cases,

2.

In order to regulate the use of the feed-in tariff according to § 38

a): By way of derogation from Article 19 (1) (2), operators must make the electricity available to a third party from their installation,
b): the claim referred to in Article 38 (1) shall be directed against the third party to whom the electricity referred to in point (a) is made available;
c): the third party referred to in points (a) and (b) shall be identified in the framework of a tendering or other objective, transparent and non-discriminatory procedure and shall be entrusted with the implementation of Section 38; in particular, the issuing Authority as well as requirements for the implementation of the procedure, requirements for the third party commissioned with the implementation of § 38, the conditions required to meet the requirements of § 38, requirements for the conditions and conditions and Implementation of § 38 and requirements for the level of financial support in the the scope of § 38,

3.

for the calculation of the market premium referred to in point 1.2 of Appendix 1 to this Act for electricity from installations which have been put into service before 1 August 2014 after the date of entry into service in force on 31 July 2014, the amount of the increase in each of the plants, , by way of derogation from Article 100 (1) (8), to regulate electricity directly marketed after the entry into force of this law, including those which, prior to the entry into force of this law, are to be marketed for the first time in the market premium in have taken advantage of different values for different energy sources or for marketing in different markets or even negative values,

4.

to regulate, in addition to Annex 2, provisions for the identification and application of the reference yield,

5.

Requirements for wind turbines to improve grid integration (system services), in particular

a)

for wind energy plants on land

aa): the behavior of the systems in the event of an error,
bb): to the power and reactive power supply,
cc): the frequency response,
dd): to the detection method,
ee): on the rebuilding of the supply and
ff): in the expansion of existing wind farms and

b)

for wind energy plants on land already put into service before 1 January 2012, requirements

aa): the behavior of the systems in the event of an error,
bb): the frequency response,
cc): to the detection method,
dd): on the rebuilding of the supply and
ee): in the retrofitting of existing plants in existing wind farms,

6.

to introduce a system for the direct marketing of electricity from renewable energy sources to the final consumer, in which this electricity can be labelled as "electricity from renewable energy", in particular:

a)

requirements to be met by plant operators and electricity supply undertakings in order to be able to participate in this system, in particular:

aa): Requirements for the supply portfolio of the participating electricity supply companies at a minimum level of electricity from plants producing electricity from wind power or solar radiation energy,
bb): Obligations to invest in new plants for the production of electricity from renewable energy sources or to make deposits into a fund from which renewable energy generation plants are financed;

these requirements may also include amounts of electricity from European Union countries and provide as an additional condition that it is ensured that the actual impact of the electricity generated in the plant on the German electricity grid or to the German electricity market, with the effect that electricity would have on feeding in the federal territory,

b)

the requirements for payments made by the participating electricity supply undertakings to the transmission system operators or to plant operators as a condition of participation in that system;

c)

by way of derogation from Article 78 of the Regulation on Electricity Labelling, according to which electricity, which is directly marketed pursuant to Section 20 (1) (1), may be marked as "electricity from renewable energy sources",

d)

by way of derogation from § 79, the issuing of guarantees of origin for the electricity sold in that system;

e)

the procedure for the verification of compliance with the requirements referred to in points (a) to (d) and, where necessary, additions or derogations from the procedural rules laid down in that law, in particular in the case of reporting, identification and publication obligations of the electricity supply undertakings and transmission system operators;

f)

Schemes under which there is no or a reduced obligation to pay the EEG for electricity supply undertakings insofar as those undertakings are subject to payment of the average cost of electricity produced from renewable energy sources, the Enhanced by this law, will contribute adequately to the financing of the facilities eligible under this Act and will not increase the level of EEG for other electricity supply companies, including Schemes under which the electricity supply undertakings are to be otherwise payments, for example into a fund,

g)

supplementary or deviating arrangements with regard to compensation claims between transmission system operators and between electricity supply undertakings and network operators, in order to ensure that the costs of the system participating in this system are adequately shared to ensure that electricity supply undertakings are provided;

It should also be borne in mind that the introduction of this system should not lead to an indefinite obligation to provide financial support for electricity produced from renewable energy sources which have been produced outside the territory of the Federal Republic.

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Section 96 Common provisions

(1) The legal ordinances on the basis of § § 89, 91 and 92 require the consent of the Bundestag. (2) If legal regulations in accordance with paragraph 1 require the consent of the Bundestag, this consent may be made subject to the fact that the Bundestag Change requests will be accepted. If the legislature adopts the amendments, a new decision by the Bundestag will not be required. If the Bundestag has not dealt with it after the expiry of six weeks of proceedings since the receipt of the legal regulation, its consent to the unchanged legal regulation shall be deemed to have been granted in the case of sections 89 and 91. (3) The appropriations for the adoption of Legal ordinances on the basis of § § 91 to 93 may be transferred to a federal authority without the consent of the Federal Council and in the case of sections 91 and 92 with the consent of the Bundestag. The legal regulations, which are enacted on this basis by the Federal Supreme Authority, do not require the approval of the Bundesrat or the Bundestag.

Section 2
Reports

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§ 97 Experience report

The Federal Government evaluates this law and submits an experience report to the Bundestag until 31 December 2018 and then every four years. The Federal Network Agency, the Federal Office for Economic Affairs and Export Control, and the Federal Environment Agency (Umweltbundesamt) are supporting the Federal Government in drawing up the experience report. Unofficial table of contents

Section 98 Monitoring Report

(1) The Federal Government shall report to the Bundestag until 31 December 2014 and then annually on:

1.: the state of the expansion of renewable energy sources and the achievement of the objectives set out in Article 1 (2);
2.: the fulfilment of the principles laid down in § 2,
3.: the state of the direct marketing of electricity from renewable energy sources,
4.: the development of self-sufficienty within the meaning of § 61 and
5.: the challenges arising from paragraphs 1 to 4.

(2) The Federal Government shall submit a proposal for a reorganization of the previous scheme in good time before the attainment of the objective set out in § 31 (6) sentence 1. (3) The Federal Government shall review and submit to the year 2017 § 61 (3) and (4) a proposal for a reorganisation of the existing system in good time. Unofficial table of contents

Section 99 Tendering Report

The Federal Government shall report to the Bundestag no later than 30 June 2016 on the experience gained with calls for tenders, in particular in accordance with § 55. The report also contains recommendations for action

1.: for the determination of the financial support and its amount by calls for tenders in respect of the first sentence of Article 2 (5) and
2.: the quantity of the quantities of electricity to be issued or installed in order to achieve the objectives set out in Article 1 (2).

Section 3
Transitional provisions

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Section 100 General transitional provisions

(1) The provisions of this law shall apply to electricity from installations and cogeneration plants which have been put into service before 1 August 2014 after the date of entry into service in force on 31 July 2014, provided that:

1.

instead of § 5 (21) (3) (5) of the Renewable Energies Act, to be applied in the version in force on 31 July 2014,

2.

instead of § 9 (3) and (7) § 6 (3) and (6) of the Renewable Energies Act, in the version valid on 31 July 2014,

3.

§ 25 shall apply with the following measures:

a): in the place of the value to be applied in accordance with the second sentence of Article 23 (1), the entitlement to remuneration of the Renewable Energy Sources Act shall be replaced by the version applicable to the relevant annex and
b): for operators of installations for the production of electricity from solar radiation energy which have been put into service after 31 December 2011, the first sentence of paragraph 1 shall apply as long as the plant operator does not comply with the provisions of Article 17 (2) (1) of the Annex to the Annex. Point (a) of the Renewable Energy Act in the version valid on July 31, 2014 as a funded asset within the meaning of § 20a (5) of the Renewable Energy Act in the version in force on 31 July 2014 and the location and the installed capacity of the plant not to the Federal Network Agency by means of the submitted form preferences;

4.

instead of § § 26 to 31, 40 (1), § § 41 to 51, 53 and 55, 71 number 2, § § 20 to 20b, 23 to 33, 46 number 2 as well as annexes 1 and 2 of the Renewable Energy Act to be applied in the version in force on 31 July 2014, whereby § 33c Article 47 (3) of the Renewable Energy Act, as amended on 31 July 2014, shall apply accordingly; in derogation from this Article 47 (7) shall apply exclusively to installations subject to the provisions of the law applicable on 31 July 2014. the term of service has been put into service after 31 December 2011,

5.

Section 35, first sentence, point 2, to be applied from 1 April 2015;

6.

§ 37 shall apply accordingly, with the exception of Article 37 (2) and (3), second half-sentence,

7.

for electricity from installations for the production of electricity from hydropower, which have been put into service before 1 January 2009, instead of section 40 (2) § 23 of the Renewable Energy Act, to be applied in the version in force on 31 July 2014, if the In accordance with Article 23 (2), first sentence, of the Renewable Energy Act, in the version in force on 31 July 2014, it has been completed before 1 August 2014,

8.

Point 1.2 of Appendix 1, with the proviso that the value "AW" to be applied shall be increased

a)

for electricity produced before 1 January 2015

aa): From wind energy and solar radiation energy by 0.60 cents per kilowatt hour, if the plant is remotely controllable within the meaning of § 3 of the Management Premium Regulation of 2 November 2012 (BGBl. 2278) and, incidentally, by 0.45 cents per kilowatt hour,
bb): out of hydropower, landfill gas, sewage gas, mine gas, biomass and geothermal energy by 0.25 cents per kilowatt hour,

b)

for electricity produced after 31 December 2014

aa): from wind energy and solar radiation energy by 0.40 cents per kilowatt hour; by way of derogation from the first half-sentence, the value to be applied for electricity generated after 31 December 2014 and before 1 April 2015 is only 0.30 cents per kilowatt hour , if the installation is not remotely controllable within the meaning of § 36, or
bb): out of hydropower, landfill gas, sewage gas, mine gas, biomass and geothermal energy by 0.20 cents per kilowatt hour,

9.

Article 66 (2) (1), (4), (5), (5), (6), (11), (18), (18a), (19) and (20) of the Renewable Energy Act, as amended on 31 July 2014).

10.

for electricity from installations which have been put into service before 1 January 2012 after the date of entry into service in force on 31 December 2011, by way of derogation and without prejudice to points 3, 5, 6, 7 and 8 (66) (1) (1) to (13), (2), (3), (4), 14, 17 and 21 of the Renewable Energy Act in the version in force on 31 July 2014, whereby the general application of the provisions of the Renewable Energies Act, which is set out in Section 66 (1), first half-sentence, in the version of the Act of 31 December 2014. As amended in 2011, the following measures shall apply:

a)

instead of § 5 point 4, § 18 (2) of the Renewable Energies Act is to be applied accordingly in the version in force on 31 December 2011, and instead of § 5 point 21, § 3 (5) of the Renewable Energies Act is applicable in the current version of the law applicable on 31 December 2011. By way of derogation, for installations which have been renewed before 1 January 2009 pursuant to Article 3 (4), second half-sentence of the Renewable Energy Act, in the version in force on 31 December 2008, shall be exclusively for the renewal of such a renewal Section 3 (4) of the Renewable Energies Act, as amended on 31 December 2008 to apply,

b)

instead of § 9, § 6 of the Renewable Energy Act is to be applied in the version in force on 31 December 2011 without prejudice to § 66 (1) (1) (1) to (3) of the Renewable Energy Act in the version valid on 31 July 2014, with the following measures:

aa): Article 9 (1), second sentence, and paragraph 4 shall apply accordingly;
bb): Section 9 (8) shall apply; and
cc): in the case of infringements, § 16 (6) of the Renewable Energies Act shall be applied accordingly in the version in force on 31 December 2011,

c)

instead of § § 26 to 29, 32, 40 (1), § § 41 to 51, 53 and 55, 71, point 2, § § 19, 20, 23 to 33 and 66 as well as Appendixes 1 to 4 of the Renewable Energy Act are to be applied in the version in force on 31 December 2011,

d)

instead of § 66 (1) (10) sentence 1 and 2 of the Renewable Energies Act in the version valid on 31 July 2014, § § 20, 21, 34 to 36 and Appendix 1 to this Act shall apply with the proviso that, by way of derogation from § 20 (1) (3) and (4) the feed-in tariff in accordance with the provisions of the Renewable Energy Sources Act is relevant in the version applicable to the respective installation and that, in calculating the market premium in accordance with § 34 of the value to be applied, the amount of the remuneration in cent per kilowatt-hour for the direct marketing of electricity in the case of a specific plant Remuneration in accordance with the remuneration provisions of the Renewable Energy Sources Act could actually be used in the version applicable to the relevant installation,

e)

instead of § 66 (1) (11) of the Renewable Energy Act in the version in force on 31 July 2014, § § 52 and 54 as well as Appendix 3 are to be applied.

(2) For electricity from installations which

1.: have been put into service before 1 August 2014 after the date of entry into service applicable on 31 July 2014, and
2.: before 1 August 2014, have never produced electricity exclusively from renewable energy sources or mine gas,

§ 5, point 21, first half-sentence shall apply. By way of derogation from the first sentence, for installations in accordance with the first sentence, which exclusively use biomethane, the term of service in force on 31 July 2014 shall apply if the biomethane used for the production of electricity from 1 August 2014 is exclusively Gas processing plants, which for the first time fed biomethane into the natural gas grid before 23 January 2014. For the right to financial support for electricity from a plant in accordance with the second sentence, it shall be shown that, prior to their initial operation, only biomethane decommission a different plant in accordance with the provisions of Section 93 of the Legal Regulation. has been registered, the

1.: was only operated with biomethane before 1 August 2014, and
2.: has at least the same installed power as the installation according to the second sentence.

The second sentence shall apply to installations using exclusively biomethane originating from a gas treatment plant which is subject to approval under the Federal Immission Control Act and which has been approved before 23 January 2014; and fed biomethane into the natural gas grid for the first time before 1 January 2015, if the plant was not operated with biomethane from another gas processing plant before 1 January 2015; will the plant for the first time after 31 December 2015 In 2014, only biomethane is used, the third sentence should be applied accordingly. (3) For Electricity from installations which have been put into service after 31 July 2014 and before 1 January 2015 shall apply if the plants are in need of approval pursuant to the Federal Immission Control Act or if the plants are approved for their operation pursuant to another provision of the Federal Law, and have been approved or approved before 23 January 2014. (4) For electricity from plants operating in accordance with the commissioning term applicable on 31 December 2011 before 1 January 2012. shall be reduced for each calendar month in which the plant operator is wholly or partial obligations as part of a retrofit to ensure system stability under a legal regulation pursuant to § 12 (3a) and 49 (4) of the Energy Law after the expiry of the provisions of the legal regulation or of the network operators have not complied with the time limit laid down in the terms of the regulation;

1.: the right to the market premium or the feed-in tariff for installations equipped with a technical facility in accordance with the first sentence of Article 9 (1), point 2 or second sentence 2, point 2, to zero or
2.: the claim resulting from a calendar year for a feed-in tariff for installations not equipped with a technical facility pursuant to Article 9 (1), first sentence, point 2 or second sentence 2, point 2, by one twelfth.

(5) The second sentence of paragraph 3.1 of Appendix 1 shall not apply before 1 January 2015. Unofficial table of contents

Section 101 Transitional provisions for electricity from biogas

(1) For electricity produced from plants for the production of electricity from biogas, which have been put into service before 1 August 2014 after the date of entry into service in force on 31 July 2014, the remuneration claim shall be reduced from 1 August 2014 in accordance with the provisions of the Provisions of the Renewable Energy Sources Act in the version to be applied for each kilowatt-hour of electricity, in order to exceed the maximum rated power of the installation reached before 1 August 2014 in a calendar year, to the monthly market value; for installations for the production of electricity from biogas, which before 1 January 2009 In accordance with § 8 (1) of the Renewable Energies Act of 21 July 2004 (BGBl, the German Federal Government of Germany, the Federal Government of Germany, the Federal Government of Germany, the Federal Government of Germany, the Federal State 1918), in the version in force on 31 December 2008, in accordance with the first half-sentence. The maximum rated power within the meaning of the first sentence shall be the highest rated performance of the installation in a calendar year since the date of its entry into service and before 1 January 2014. By way of derogation from the second sentence, the 5% reduction in the value of the installation's power installed on 31 July 2014 shall be considered as the maximum measurement performance if the value determined in this way is higher than the actual maximum measuring performance in accordance with the second sentence. (2) Electricity from installations which have been put into service before 1 January 2012 after the date of operation in force on 31 December 2011,

1.: The right to increase the bonus for electricity from renewable raw materials according to Article 27 (4) point 2 in conjunction with Annex 2, point VI.2.c to the Renewable Energy Act in the version valid on 31 December 2011 from 1 August 2014 only if, for the purpose of generating electricity, the use of mainly land-based materials, including landscaping materials, as defined in Annex 3, point 5, to the biomass regulation in the version in force on 31 July 2014,
2.: § 47 (6) (2) shall apply to electricity produced after 31 July 2014.

(3) For installations which have been put into service after 31 December 2011 and before 1 August 2014, the Biomass Regulation shall also be applied after 31 July 2014 in its version valid on 31 July 2014. Unofficial table of contents

Section 102 Transitional provision for the conversion to tenders

After the financial support referred to in Article 2 (5) has been converted to calls for tenders, a claim under Article 19 (1) for plant operators shall also be granted without a grant received in the context of a call for tenders.

1.: wind energy installations at sea, which have received an unconditional network connection or connecting capacity in accordance with Article 17d (3) of the Energy Economic Law before 1 January 2017 and which have been put into service before 1 January 2021;
2.: Installations for the production of electricity from geothermal energy, which have been granted an authorization for the first time before 1 January 2017 in accordance with Section 51 (1) of the Federal Mining Act and have been put into service before 1 January 2021; or
3.: all other installations which are in need of approval under the Federal Immission Control Act or require approval for their operation according to another provision of the federal law and approved or approved before 1 January 2017 and before the 1. This is not the case for the operators of open-air installations.

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Section 103 transitional and hardship provisions relating to the special compensation scheme

(1) For applications for the limiting year 2015, § § 63 to 69 shall be applied with the following measures:

1.: Section 64 (1) (3) shall not apply to undertakings with a power consumption of less than 10 gigawatt hours in the last financial year concluded when the company proves to the Federal Office of Economics and Export Control that it is within the application deadline was not in a position to obtain a valid certificate in accordance with § 64 paragraph 3, point 2.
2.: Section 64 (2) and (3) (1) shall apply with the proviso that, instead of the arithmetic mean of the gross value added of the last three financial years, only the gross value added in accordance with section 64 (6) (2) of the last financial year shall be applied. of the business year of the enterprise.
3.: Section 64, paragraph 6, point 1, final half-sentence shall not apply.
4.: Section 64, paragraph 6, point 3 shall apply with the proviso that the intensity of the electricity costs shall be the ratio of the actual electricity costs to be borne by the enterprise in the last financial year, including the cost of electricity according to § 61 Self-consumed amounts of electricity consumed by the person concerned are at factor cost of the undertaking as specified in point 2; electricity costs for electricity consumed in accordance with section 61 cannot be taken into account, provided that such quantities are in the last financial year permanently concluded in accordance with § 60 (1) or § 61 The certificate referred to in Article 64 (3) (1) (c) must contain all the components of the electricity costs borne by the company.
5.: By way of derogation from § 66 (1) sentences 1 and 2, an application may be submitted once until 30 September 2014 (material exclusion period).
6.: In addition, § § 63 to 69 shall apply, unless applications for the limitation year 2015 have been passed by a final decision until the end of the 31 July 2014.

(2) For applications for the limiting year 2016, § § 63 to 69 shall be applied with the following measures:

1.: Section 64 (2) and (3) (1) shall apply with the proviso that, instead of the arithmetic mean of the gross value added of the last three completed financial years, the arithmetic mean of the gross value added in accordance with section 64 (6) (2) shall also apply. of the last two business years of the enterprise.
2.: Section 64, paragraph 6, point 3 shall apply with the proviso that the intensity of the electricity costs shall be the ratio of the actual electricity costs to be borne by the enterprise in the last financial year, including the cost of electricity according to § 61 Self-consumed amounts of electricity consumed by the person concerned are at factor cost of the enterprise as specified in point 1; electricity costs for electricity consumed in accordance with section 61 cannot be taken into account in the case of electricity consumed by the company itself, provided that such quantities are last financial year permanently concluded in accordance with § 60 (1) or § 61 The certificate referred to in Article 64 (3) (1) (c) must contain all the components of the electricity costs borne by the company.
3.: In addition, § § 63 to 69 shall apply.

(3) For companies or self-employed parts of the company which as a company of the manufacturing industry pursuant to § 3 (14) of the Renewable Energy Act in the version valid on 31 July 2014 for the limitation year 2014 on a final The Federal Office of Economics and Export Control limits the EEG transfer for the years 2015 to 2018 according to § § 63 to 69 of the German Renewable Energy Act (Renewable Energies Act) in accordance with § § 40 to 44 of the German Renewable Energy Act. in such a way that the EEG situation does not apply to a company in a year of limitation is more than double the amount in cents per kilowatt-hour for the self-consumed electricity at the company's limited acceptance points in the financial year preceding the application year, in accordance with the was to be paid for. The first sentence shall apply to undertakings or independent company parts which have a final limiting decision for the 2014 limitation year and which do not comply with the conditions laid down in § 64, because they are subject to an industry by list. 1 of Appendix 4, but their electricity cost intensity is less than 16 per cent for the limiting year 2015 or less than 17 per cent from the 2016 limitation year, if and to the extent that the enterprise or the independent part of the enterprise proves that its electricity cost intensity within the meaning of Article 64 (6) (3) of The connection with paragraphs 1 and 2 of this paragraph shall be at least 14 per cent; moreover, § § 64, 66, 68 and 69 shall apply accordingly. (4) For companies or self-employed parts of the enterprise, which

1.

as a company of the manufacturing sector in accordance with § 3, point 14 of the Renewable Energy Act, in the version valid on July 31, 2014, for the 2014 limitation year on a final limiting decision in accordance with § § 40 to 44 of the German Renewable Energy Act (§ § 40 to 44) of the German Renewable Energy Act (Renewable Energies Act Renewable energy law in the version valid on 31 July 2014 and

2.

do not comply with the conditions laid down in § 64 of this Act, because

a): are not classified according to Appendix 4, or
b): in an industry according to list 2 of Appendix 4, but their electricity cost intensity is less than 20 per cent,

the Federal Office of Economics and Export Control, on application, limits the EEG transfer for the electricity component over 1 gigawatt hour to 20 per cent of the EEG transfer determined in accordance with § 60 (1), if and to the extent that the company or the self-employed The company's part shows that its electricity cost intensity, as defined in Section 64 (6) (3) in conjunction with paragraphs 1 and 2 of this paragraph, is at least 14%. The first sentence shall also apply to independent parts of the undertaking which, by way of derogation from point 2 (a) or (b) of the first subparagraph, do not fulfil the conditions laid down in Article 64 of this Law, since the undertaking of an industry is listed in Annex 4 to Annex 4. shall be assigned. In addition, paragraph 3 and § § 64, 66, 68 and 69 must be applied accordingly. (5) For rail tracks which do not yet have a limiting decision for the 2014 limiting year, § § 63 to 69 are for the application to limit the second time limit for the second to apply for the year 2014 with the measures that:

1.: the EEG transfer for the total amount of electricity that the company used directly for the driving operation in the rail transport sector itself, to 20 per cent of the version in force in accordance with Article 37 (2) of the Renewable Energies Act in the version valid on 31 July 2014 limited EEG transfer for the year 2014,
2.: the application in accordance with § 63 in conjunction with § 65, including the certificates pursuant to section 64 (3) (1) (c) to 30 September 2014 (material exclusion period) and
3.: the decision will take effect retroactively with effect from 1 July 2014 with a period of validity up to 31 December 2014.

(6) Transmission system operators shall have direct access to the rail network against electricity supply undertakings for those outside the control responsibility of a transmission system operator for the supply of rail tracks , for the years 2009 to 2013, only the right to pay 0.05 cents per kilowatt-hour of electricity consumed directly for the driving operation in rail transport (railway power station electricity) for the years 2009 to 2013. The claims are due as follows:

1.: for railway power plant power consumed in the years 2009 to 2011, 31 August 2014,
2.: for railway power plant electricity consumed in 2012, 31 January 2015, and
3.: for the power station electricity consumed in 2013, to the 31. October 2015.

Electricity supply undertakings shall immediately submit to their transmission system operator the final accounts for the railway power station stream for the years 2009 to 2013; § 75 shall apply accordingly. Electricity supply undertakings may, in respect of railway power stations which they have delivered before 1 January 2009, the acceptance and remuneration in accordance with Article 37 (1), first sentence of the Renewable Energy Act, as amended on 31 December 2011, and in accordance with the first sentence of Article 14 (3) of the Renewable Energies Act, as amended on 31 July 2008. (7) Limiting decisions in accordance with § § 63 to 69 for companies operating in an industry with the current number 145 or 146 according to Appendix 4 , are subject to the fact that the European Commission is the second law on the amendment of the Renewable Energy Sources Act of 29 June 2015 (BGBl. 1010) State aid. The Federal Ministry for Economic Affairs and Energy is aware of the date of the announcement of the state aid approval in the Federal Gazette. For the purpose of limitation of such undertakings, Articles 63 to 69 shall apply without prejudice to paragraphs 1 to 3, with the following measures:

1.: Applications for the limiting years 2015 and 2016 may be submitted by way of derogation from § 66 (1) sentence 1 to 2 August 2015 (material exclusion period);
2.: Payments made in a limiting year prior to the entry of the effectiveness of the limiting decision shall be paid for payment of the deductible pursuant to section 64 (2) (1) and for the attainment of the upper limit amounts according to § 64 (2) Number 3. In so far as the payments made exceed the limits of the limits pursuant to section 64 (2) (3), they shall remain unaffected by the limiting decision.

Unofficial table of contents

Section 104 Further transitional provisions

(1) For installations and cogeneration plants which have been put into service before 1 August 2014 and with a technical facility according to § 6 (1) or (2) (1) and (2) (a) of the Renewable Energies Act applicable on 31 July 2014 , Section 9 (1), second sentence, shall be applied retroactively from 1 January 2009. Exceptions to this are cases in which a legal dispute between the plant operator and the network operator has been decided before 9 April 2014. (2) § 39 (1) and (2) of the Renewable Energy Act (Renewable Energies Act) in the German version of the German Renewable Energy Act (Renewable Energy Act) on 31 July 2014 The current version of the Directive shall apply to electricity supplied by electricity supply companies to their entire final consumer after 31 December 2013 and 1 August 2014, subject to the proviso that, by way of derogation from Article 39 (1) (1), point 1 of the Renewable Energy Sources Act in the version of this electricity in force on 31 July 2014 in the period after 31 December 2013 and before 1 August 2014, and at the same time in at least four months of that period, with section 39 (1), second subparagraph, second half-sentence of the Renewable Energy Act in the version in force on 31 July 2014. (3) For self-sufficiency installations which have produced before 1 August 2014 only electricity with gas, converter gas or coke coke (dome gases) produced during the production of steelmaking , Article 61 (7) shall not be applied and the quantities of electricity may be used as far as they are covered by the Exceptions pursuant to § 61 (2) to (4) shall be accounted for retroactively with effect from 1 January 2014. Natural gas is to be regarded as the dome gas in which it is necessary for the starting, ignition and support firing. (4) Claims by system operators against network operators for financial support in accordance with § 19, the first sentence of Article 25 (2), point 3 of the Renewable energy law in the version in force on 2 July 2015 was reduced, will not be due before 2 August 2015. Unofficial table of contents

Appendix 1 (to § 34)
Amount of the market premium

(Fundstelle: BGBl. I 2014, 1108-1109)

1.

Calculation of the market premium

1.1

For the purposes of this Annex:

-: "MP" means the amount of the market premium according to § 34 (2) in cents per kilowatt hour,
-: "AW" of the value to be applied in accordance with § § 40 to 55, taking into account § § 19 to 32 in cent per kilowatt hour,
-: "MW" means the respective monthly market value in cents per kilowatt hour.

1.2

The amount of the market premium referred to in Article 34 (2) ("MP") in cents per kilowatt-hour directly marketed and actually fed-in electricity is calculated according to the following formula: MP = AW-MWErgives a value less than zero during the calculation, the value "MP" with the value zero shall be different from the set 1 set.

2.

Calculation of the monthly market value "MW"

2.1

Monthly market value for electricity from hydropower, landfill gas, sewage gas, mine gas, biomass and geothermal energy according to § § 40 to 48As the value "MW" in cents per kilowatt hour is in the case of direct-market electricity from hydropower, landfill gas, sewage gas, mine gas, biomass and geothermal energy to create the value of "MWEPEX". In this case, "MWEPEX" is the actual monthly average of the hourly contracts for the Germany/Austria price zone on the spot market of the electricity exchange EPEX Spot SE in Paris in cents per kilowatt hour.

2.2

Monthly market value for electricity from wind power and solar radiation energy according to § § 49 to 51

2.2.1

Energy-carrier-specific monthly market value "MW" in cents per kilowatt-hour is to be applied in the case of directly market-oriented electricity

-: Wind turbines on land the value "MWWind an Land",
-: Wind turbines at sea the value "MWWind at sea" and
-: Plants for the generation of electricity from solar radiation energy of the value "MWSolar".

2.2.2

Wind energy on land "MWWind on land" is the actual monthly average value of the market value of electricity from wind turbines on land at the spot market of the electricity exchange EPEX Spot SE in Paris for the price zone Germany/Austria in cents per kilowatt hour. This value is calculated as follows:

2.2.2.1

For each hour of a calendar month, the average value of the hourly contracts on the spot market of the electricity exchange EPEX Spot SE in Paris shall be paid for the price zone of Germany/Austria with the amount of the following hour after the online high-calculation Number 3.1 generated electricity generated from wind turbines on land.

2.2.2.2

The results for all hours of this calendar month are summed up.

2.2.2.3

This sum shall be divided by the amount of electricity generated by wind turbines on land generated in the entire calendar month following the online high-calculation referred to in point 3.1.

2.2.3

Wind energy at sea "MWWind at sea" is the actual monthly average value of the market value of electricity from wind turbines at sea at the spot market of the electricity exchange EPEX Spot SE in Paris for the price zone of Germany/Austria in cents per kilowatt hour. For the calculation of "MWWind at sea", points 2.2.2.1 to 2.2.2.3 are to be applied with the proviso that, instead of the electricity generated in accordance with the online statement referred to in point 3.1, the electricity generated by wind turbines in accordance with the provisions of point 3.1 of this Regulation shall be applied to the country after the online high-calculation. Point 3.1 shall be based on the electricity generated from wind turbines at sea.

2.2.4

Solar radiation energy "MWSolar" is the actual monthly average value of the market value of electricity from plants for the generation of electricity from solar radiation energy at the spot market of the electricity exchange EPEX Spot SE in Paris for the price zone Germany/Austria in cents per kilowatt hour. For the calculation of "MWSolar", points 2.2.2.1 to 2.2.2.3 are to be applied with the proviso that, instead of the electricity generated in accordance with the online statement referred to in point 3.1, the electricity generated by wind turbines on the basis of the online statement referred to in point 3.1 above shall be applied to the country of the country. generated power from plants for the generation of electricity from solar radiation energy.

3.

Publication of the calculation

3.1

The transmission system operators shall, at any time, immediately on a common Internet site, in a uniform format, the online statement of the quantity of the reference system, which is based on a representative number of measured reference assets, publication of electricity generated from wind turbines on land, wind turbines at sea and installations for the generation of electricity from solar radiation energy in their control zones in at least hourly resolution. For the preparation of the online high account, reductions in the feed-in power of the installation by the network operator or in the context of direct marketing are not to be taken into account.

3.2

Transmission system operators shall also, for each calendar month up to the end of the tenth working day of the following month, on a common Internet site in a uniform format and in three places after the comma, shall not include the following data: of personal form:

a): the value of the hourly contracts on the spot market of the electricity exchange EPEX Spot SE in Paris for the Germany/Austria price zone for each calendar day in hourly resolution,
b): the value "MWEPEX" in accordance with point 2.1;
c): the value of "MWWind on land" in accordance with point 2.2.2;
d): the value "MWWind at sea" in accordance with point 2.2.3 and
e): the value of "MWSolar" in accordance with point 2.2.4.

3.3

In so far as the data referred to in point 3.2 are not available until the end of the tenth working day of the following month, they shall be published without delay in a non-personal form as soon as they are available.

Footnote

(+ + + Appendix 1: For use, see Section 100 (1) (10) (d) (d + + +) (+ + + Annex 1, point 1.2): For the purposes of the application, see Section 100 (1) (8) of the introductory sentence + + +) (+ + + Annex 1, point 3.1, sentence 2: For the purposes of the application, see § 100 (5) + + +) Unofficial table of contents

Appendix 2 (to § 49)
Reference yield

(Fundstelle: BGBl. I 2014, 1110)

1.: A reference installation is a wind energy installation of a certain type, for which a yield in the amount of the reference yield is calculated at the reference location in accordance with the performance characteristic measured at the reference location by an institution entitled thereto.
2.: The reference yield shall be the quantity of electricity intended for each type of wind turbine, including the respective hub height, which shall be calculated by calculation on the basis of a measured performance characteristic in five, when the reference location is set up. years of operation. The reference yield shall be determined in accordance with the generally accepted rules of technology; compliance with the generally accepted rules of technology shall be presumed if the procedures, bases and calculation methods which are included are used. in the Technical Guidelines for Wind Power Plants, Part 5, in the version of the FGW in force at the time of the determination of the reference yield. V.-Fördergesellschaft Wind Energy and other Renewable Energies (FGW) ¹ .
3.: The type of a wind power plant shall be determined by the type designation, the rotor circle area, the nominal power and the hub height in accordance with the manufacturer's specifications.
4.: The reference location is a location determined by a Rayleigh distribution at an average annual wind speed of 5.5 metres per second at a height of 30 metres above the ground, a logarithmic height profile and a Roughness length of 0.1 metres.
5.: The performance characteristic is the relationship between wind speed and power output that is determined for each type of wind power installation, independently of the hub height. The performance characteristic shall be determined in accordance with the generally accepted rules of technology; compliance with the generally accepted rules of technology shall be presumed if the procedures, bases and calculation methods used have been used which contain: are in the Technical Guidelines for Wind Power Plants, Part 2, the FGW ² in the version in force at the time of the determination of the reference yield. In so far as the performance characteristic has been determined in accordance with a comparable procedure before 1 January 2000, it may be used instead of the performance characteristic determined in accordance with the second sentence, to the extent that it is within the scope of this law after the 31. It is no longer initiated in December 2001 with the establishment of equipment of the type to which it applies.
6.: In order to measure the performance characteristics referred to in point 5 and to calculate the reference yields of plant types at the reference site in accordance with point 2, the institutions shall be entitled, for the purposes of this law, to apply the provisions laid down in the technical directive General requirements for the competence of testing and calibration laboratories (DIN EN ISO/IEC 17025), issue April 2000 ³ , in accordance with an accreditation body recognised by a state-recognised accreditation body or evaluated with the participation of public authorities.
7.: When applying the reference yield to determine the extended period of the initial remuneration, the installed service shall be taken into account, but at most that performance which the installation shall have for reasons of approval after the The Federal Immission Control Act is allowed to perform at the maximum. Temporary performance reductions, in particular on the basis of a regulation of the system according to § 14, must be taken into consideration.

1: Official note: to refer to the FGW e. V.-Fördergesellschaft Windenergie und andere Erneuerbare Energien, Oranienburger Straße 45, 10117 Berlin.
2: Official note: to refer to the FGW e. V.-Fördergesellschaft Windenergie und andere Erneuerbare Energien, Oranienburger Straße 45, 10117 Berlin.
3: Official note: To refer to Beuth Verlag GmbH, 10772 Berlin.

Unofficial table of contents

Appendix 3 (to § 54)
Conditions and amount of the flexibility premium

(Fundstelle: BGBl. I 2014, 1111-1112)
I. Requirements of the flexibility premium

1.

Plant operators may require the flexibility premium,

a): if no feed-in tariff is used for the entire electricity generated in the plant, and for this electricity, without prejudice to § 27 (3) and (4), § 27a (2) and § 27c (3) of the Renewable Energy Act (Renewable Energy Act) in the In accordance with § 19 in connection with § 100 (1), which is not reduced in accordance with § 25 in conjunction with § 100 (1), the current version shall be based on the basis of a remuneration claim in accordance with section 19.
b): if the rated power of the installation within the meaning of point II.1, first indent, is at least 0.2 times the installed capacity of the installation,
c): if the plant operator has provided the information required for the registration of the use of the flexibility premium in accordance with the provisions of Section 93 of the Regulation; and
d): as soon as an environmental verifier with an authorisation for the production of electricity from renewable energy has certified that the plant for the demand-oriented operation required for the flexibility premium is based on the general requirements of the is technically suitable for use in the technology.

2.

The amount of the flexibility premium shall be calculated on a calendar year basis. The calculation shall be carried out for the respectively additional installed power in accordance with the conditions laid down in point II. The payments to be expected shall be subject to a reasonable amount of monthly disburses.

3.

Plant operators must notify the network operator of the initial use of the flexibility premium.

4.

The flexibility premium shall be paid for a period of ten years. The beginning of the period shall be the first day of the second calendar month following the notification referred to in point I.3.

5.

The entitlement to the flexibility premium shall be waited for additional installed power, which shall be transmitted as an increase in the installed capacity of the plant after 31 July 2014 in accordance with the provisions of the legal regulation according to § 93, from the first day of the the second calendar month following the calendar month in which the aggregate addition of the additional aggregate published by the Federal Network Agency in accordance with Article 26 (2) (1) (b) in conjunction with the Legal Regulation in accordance with Section 93 of the installed capacity by increases in installed capacity after 31 July 2014 for the first time A value of 1 350 megawatts.

II. Amount of flexibility premium

1.

Definitions For the purposes of this Annex,

-: "PBem" means the rate of assessment in kilowatts; in the first and in the tenth calendar year of the use of the flexibility premium, the rate of assessment shall be calculated on the basis that only those in the calendar months of the use of the flexibility premium shall be calculated. flexibility premium generated kilowatt hours and only the full hours of these calendar months; this shall apply only to the purposes of calculating the amount of the flexibility premium,
-: "Pinst" the installed capacity in kilowatts,
-: "Padditive" means the additionally provided installed power for the demand-oriented generation of electricity in kilowatts and in the respective calendar year,
-: "fKor" means the correction factor for the capacity utilization of the plant,
-: "KK" means the capacity component to provide the additional installed capacity in euro and kilowatts,
-: "FP" means the flexibility premium according to § 54 in cents per kilowatt hour.

2.

Calculation

2.1

The amount of the flexibility premium according to § 54 ("FP") in cents per kilowatt-hour directly marketed and actually fed-in electricity is calculated according to the following formula:

2.2

"Padditive" is calculated according to the following formula: Padditive = Pinst-(fKor x PBem) where "fKor"

-: in the case of biomethane: 1.6 and
-: in the case of biogas, which is not biomethane: 1.1.

By way of derogation from the first sentence, the value "Padditive" shall be fixed.

-: with a value of zero if the rated power is less than 0.2 times the installed capacity,
-: with the 0.5x value of the installed "Pinst" performance if the calculation indicates that it is greater than 0.5 times the value of the installed power.

2.3

"KK" is 130 euros per kilowatt.

Footnote

(+ + + Appendix 3: For application see Section 100 (1) (10) (e + + +) Annex 3 No. I.1 Buchst. b: IdF d. Art. 4 No. 11 G v. 22.7.2014 I 1218 mWv 1.8.2014 Unofficial table of contents

Appendix 4 (to § § 64, 103)
Electricity costs-or trade-intensive industries

(Fundstelle: BGBl. I 2014, 1113-1120)
¹

Current Number WZ 2008 CodeWZ 2008 label (a. n. g. = not otherwise mentioned) List 1List 2

1.	510	Coal mining	X
2.	610	Extraction of oil		X
3.	620	Extraction of natural gas		X
4.	710	Iron ore mining		X
5.	729	Other non-ferrous metal mining	X
6.	811	Extraction of natural stone and natural stones, lime and gypsum stone, chalk and slate	X
7.	812	Extraction of gravel, sand, clay and kaolin		X
8.	891	Mining for chemical and fertilizer Mineral resources	X
9.	893	Extraction of salt	X
10.	899	Extraction of stones and earth a. n. g.	X
11.	1011	Slaughtering (without battles of Poultry)		X
12.	1012	Slaughtering of poultry		X
13.	1013	Meat processing		X
14.	1020	Fish processing		X
15.	1031	Potato processing		X
16.	1032	Manufacture of fruit and vegetable juices	X
17.	1039	Other processing of fruit and Vegetables	X
18.	1041	Manufacture of oils and fats (excluding margarine and the like. Food fat)	X
19.	1042	Production of margarine and the like. Food fats		X
20.	1051	Milk processing (without preparation of ice cream)		X
21.	1061	Grinding and peeling mills		X
22.	1062	Manufacture of starch and starch products	X
23.	1072	Manufacture of permanent bakery products		X
24.	1073	Manufacture of pasta		X
25.	1081	Manufacture of sugar		X
26.	1082	Manufacture of confectionery products (without Durable bakery products)		X
27.	1083	Processing of coffee and tea, manufacture of coffee replacement		X
28.	1084	Production of seasoning and sauces		X
29.	1085	Manufacture of ready-made meals		X
30.	1086	Production of homogenised and dietetic foodstuffs		X
31.	1089	Manufacture of other foodstuffs a. n. g.		X
32.	1091	Production of feedingstuffs for livestock		X
33.	1092	Production of feedingstuffs for other animals		X
34.	1101	Production of spirit drinks		X
35.	1102	Production of grape wine		X
36.	1103	Production of cider and other fruit wines		X
37.	1104	Manufacture of verso and other flavoured wines	X
38.	1105	Production of beer		X
39.	1106	Manufacture of malt	X
40.	1107	Production of soft drinks; extraction of natural mineral waters		X
41.	1200	Tobacco processing		X
42.	1310	Pulp preparation and spinning mill	X
43.	1320	Weberei	X
44.	1391	Manufacture of knitted and knit fabric		X
45.	1392	Manufacture of ready-made textile products (excluding clothing)		X
46.	1393	Manufacture of carpets		X
47.	1394	Manufacture of silkware	X
48.	1395	Manufacture of non-woven fabrics and products thereof (excluding clothing)	X
49.	1396	Manufacture of technical textiles		X
50.	1399	Manufacture of other textile products a. n. g.		X
51.	1411	Manufacture of leather clothing	X
52.	1412	Manufacture of workwear and workwear		X
53.	1413	Manufacture of other outerwear		X
54.	1414	Manufacture of laundry		X
55.	1419	Manufacture of other apparel and clothing accessories a. n. g.		X
56.	1420	Manufacture of Pelzwars		X
57.	1431	Manufacture of hosiery		X
58.	1439	Manufacture of other clothing made of knitted and knitted fabric		X
59.	1511	Manufacture of leather and leather fibre; dressing and colouring of skins		X
60.	1512	Leather processing (without manufacture) of leather clothing)		X
61.	1520	Manufacture of shoes		X
62.	1610	Saw, Hobel and wood impregnation plants	X
63.	1621	Production of veneer, plywood, wood fibre and wood chipboard	X
64.	1622	Production of parquet boards		X
65.	1623	Manufacture of other structural parts, prefabricated components, structural components and prefabricated timber structures		X
66.	1624	Manufacture of packaging materials, storage containers and load carriers from wood		X
67.	1629	Manufacture of Holzwaren a. n. Cork, wicker and wicker products (without furniture)		X
68.	1711	Manufacture of wood and pulp	X
69.	1712	Manufacture of paper, cardboard and paperboard	X
70.	1721	Manufacture of corrugated paper and paperboard as well as of packaging materials made of paper, cardboard and cardboard		X
71.	1722	Production of household, hygiene and toiletries made of pulp, paper and paperboard	X
72.	1723	Manufacture of stationery and office supplies of paper, cardboard and paperboard		X
73.	1724	Production of wallpaper		X
74.	1729	Manufacture of other articles of paper, paperboard and paperboard		X
75.	1813	Pre-press and media prepress		X
76.	1910	Coking plant		X
77.	1920	Mineral oil processing	X
78.	2011	Manufacture of industrial gases	X
79.	2012	Production of dyes and pigments	X
80.	2013	Manufacture of other inorganic raw materials and chemicals	X
81.	2014	Manufacture of other organic raw materials and chemicals	X
82.	2015	Production of fertilizers and nitrogen compounds	X
83.	2016	Manufacture of plastics in primary forms	X
84.	2017	Manufacture of synthetic rubber in primary forms	X
85.	2020	Production of pesticides, plant protection products and disinfectants		X
86.	2030	Manufacture of paints, printing inks and putty		X
87.	2041	Production of soaps, washing, cleaning and polishing agents		X
88.	2042	Manufacture of personal care products and fragrances		X
89.	2051	Manufacture of pyrotechnic articles		X
90.	2052	Production of adhesives		X
91.	2053	Production of ethereal oils		X
92.	2059	Manufacture of other chemical products a. n. g.		X
93.	2060	Manufacture of man-made fibres	X
94.	2110	Manufacture of pharmaceutical raw materials	X
95.	2120	Manufacture of pharmaceutical specialities and other pharmaceutical products		X
96.	2211	Production and retreading of tyres		X
97.	2219	Manufacture of other rubber products		X
98.	2221	Manufacture of sheets, films, tubes and profiles made of plastics	X
99.	2222	Manufacture of packaging materials made of plastics	X
100.	2223	Manufacture of building supplies made of plastics		X
101.	2229	Manufacture of other plastic products		X
102.	2311	Manufacture of flat glass	X
103.	2312	Edging and processing of flat glass	X
104.	2313	Manufacture of hollow glass	X
105.	2314	Manufacture of glass fibres and articles thereof	X
106.	2319	Manufacture, finishing and processing of other glass, including technical glassware	X
107.	2320	Manufacture of refractory ceramic materials and articles	X
108.	2331	Manufacture of ceramic wall and floor tiles and plates	X
109.	2332	Manufacture of bricks and other building ceramics	X
110.	2341	Manufacture of ceramic household goods and ornamentals		X
111.	2342	Manufacture of sanitary ceramics	X
112.	2343	Manufacture of insulators and insulating materials from ceramics	X
113.	2344	Manufacture of ceramic products for other technical purposes		X
114.	2349	Manufacture of other ceramic products	X
115.	2351	Manufacture of cement	X
116.	2352	Production of lime and branded gypsum	X
117.	2362	Manufacture of gypsum products for the construction		X
118.	2365	Manufacture of fibre cement products		X
119.	2369	Manufacture of other products of concrete, cement and plaster a. n. g.		X
120.	2370	Working and processing of natural stone and natural stones a. n. g.		X
121.	2391	Production of abrasive bodies and abrasives on substrate		X
122.	2399	Manufacture of other products from non-metallic minerals a. n. g.	X
123.	2410	Production of pig iron, steel and ferro alloys	X
124.	2420	Manufacture of steel pipes, pipe fittings, pipe fittings and pipe fittings made of steel	X
125.	2431	Manufacture of blanksteel	X
126.	2432	Manufacture of a cold strip with a width of less than 600 mm	X
127.	2433	Production of cold profiles		X
128.	2434	Manufacture of cold-drawn wire	X
129.	2441	Production and first processing of precious metals	X
130.	2442	Production and first machining of aluminium	X
131.	2443	Production and first processing of lead, zinc and tin	X
132.	2444	Production and first processing of copper	X
133.	2445	Production and first processing of other non-ferrous metals	X
134.	2446	Preparation of nuclear fuel	X
135.	2451	Iron foundries	X
136.	2452	Steel foundries	X
137.	2453	Light metal foundries	X
138.	2454	Non-ferrous metal foundries	X
139.	2511	Manufacture of metal structures		X
140.	2512	Manufacture of metal components		X
141.	2521	Manufacture of radiators and boilers for central heating		X
142.	2529	Manufacture of collection containers, Tanks and the like. Containers made of metal		X
143.	2530	Production of steam boilers (without central heating boiler)		X
144.	2540	Manufacture of weapons and ammunition		X
145.	2550	Manufacture of forging, press, drawing and stamping parts, rolled rings and powder-metallurgical products		X
146.	2561	Surface finishing and heat treatment		X
147.	2571	Manufacture of cutlery and cutlery made of non-precious metals		X
148.	2572	Manufacture of locks and fittings from non-precious metals		X
149.	2573	Manufacture of tools		X
150.	2591	Production of barrels, drums, cans, buckets and the like. Containers made of metal		X
151.	2592	Manufacture of packaging and closures made of iron, steel and non-ferrous metal		X
152.	2593	Manufacture of wire goods, chains and springs		X
153.	2594	Manufacture of screws and rivets		X
154.	2599	Manufacture of other metal products a. n. g.		X
155.	2611	Manufacture of electronic components	X
156.	2612	Manufacture of assembled circuit boards		X
157.	2620	Manufacture of data processing equipment and peripheral equipment		X
158.	2630	Manufacture of equipment and equipment of telecommunication technology		X
159.	2640	Manufacture of consumer electronics equipment		X
160.	2651	Manufacture of measuring, control, navigation and the like. Instruments and devices		X
161.	2652	Manufacture of watches		X
162.	2660	Manufacture of irradiation and electrotherapy equipment and electromedical equipment		X
163.	2670	Manufacture of optical and photographic instruments and devices		X
164.	2680	Production of magnetic and optical media	X
165.	2711	Manufacture of electric motors, generators and transformers		X
166.	2712	Manufacture of electricity distribution and switching equipment		X
167.	2720	Manufacture of batteries and accumulators	X
168.	2731	Manufacture of fibre optic cables		X
169.	2732	Manufacture of other electronic and electrical wires and cables		X
170.	2733	Manufacture of electrical installation material		X
171.	2740	Manufacture of electric lamps and lamps		X
172.	2751	Manufacture of electrical household appliances		X
173.	2752	Manufacture of non-electrical household appliances		X
174.	2790	Manufacture of other electrical equipment and equipment a. n. g.		X
175.	2811	Manufacture of internal combustion engines and turbines (without engines for air- and road vehicles)		X
176.	2812	Manufacture of hydraulic and pneumatic components and systems		X
177.	2813	Manufacture of pumps and compressors a. n. g.		X
178.	2814	Manufacture of fittings a. n. g.		X
179.	2815	Manufacture of bearings, gearboxes, gearwheels and drive elements		X
180.	2821	Manufacture of furnaces and burners		X
181.	2822	Manufacture of lifting equipment and conveying equipment		X
182.	2823	Manufacture of office machinery (without data processing equipment and peripheral equipment)		X
183.	2824	Manufacture of hand-held tools with motor drive		X
184.	2825	Manufacture of cold and air-related products, not for the budget		X
185.	2829	Manufacture of other non-economic machine-specific machines a. n. g.		X
186.	2830	Manufacture of agricultural and forestry machinery		X
187.	2841	Manufacture of machine tools for metal processing		X
188.	2849	Manufacture of other machine tools		X
189.	2891	Manufacture of machinery for the Metal production, of rolling mill equipment and casting machines		X
190.	2892	Manufacture of mine, construction and building material machines		X
191.	2893	Manufacture of machinery for food and beverage production and tobacco processing		X
192.	2894	Manufacture of machinery for the Textile and clothing manufacture and leather processing		X
193.	2895	Manufacture of machines for paper production and processing		X
194.	2896	Manufacture of machinery for the processing of plastics and rubber		X
195.	2899	Manufacture of machinery for other specific economic activities a. n. g.		X
196.	2910	Manufacture of motor vehicles and motor vehicle engines		X
197.	2920	Manufacture of bodywork, superstructures and trailers		X
198.	2931	Manufacture of electrical and electronic equipment for motor vehicles		X
199.	2932	Manufacture of other parts and accessories for motor vehicles		X
200.	3011	Shipbuilding (without boating and yacht construction)		X
201.	3012	Boat and yacht construction		X
202.	3020	Rail vehicle construction		X
203.	3030	Air and spacecraft construction		X
204.	3040	Manufacture of military Combat Vehicles		X
205.	3091	Manufacture of motorcycles		X
206.	3092	Manufacture of bicycles as well as vehicles for the disabled		X
207.	3099	Manufacture of other vehicles a. n. g.		X
208.	3101	Manufacture of office and store furniture		X
209.	3102	Manufacture of kitchen furniture		X
210.	3103	Manufacture of mattresses		X
211.	3109	Manufacture of other furniture		X
212.	3211	Manufacture of coins		X
213.	3212	Manufacture of jewelry, gold- and silversmiths (without Fantasics)		X
214.	3213	Production of Fantasieschmuck		X
215.	3220	Production of musical instruments		X
216.	3230	Manufacture of sports equipment		X
217.	3240	Manufacture of toys		X
218.	3250	Manufacture of medical and dental equipment and materials		X
219.	3291	Manufacture of brooms and brushes		X
220.	3299	Manufacture of other products a. n. g.	X
221.	3832	Recovery of sorted materials	X

1: Official note: Classification of economic activities of the Federal Statistical Office, 2008 edition. To refer to the Federal Statistical Office, Gustav-Stresemann-Ring 11, 65189 Wiesbaden; also to refer to www.destatis.de.

Law for the expansion of renewable energies

Original Language Title: Gesetz für den Ausbau erneuerbarer Energien

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Law for the Development of Renewable Energies (Renewable Energy Sources Act-EEG 2014)

Footnote

Content Summary

Part 1 General provisions

§ 1 Purpose and purpose of the law

§ 2 Principles of the Law

§ 3 Building Path

§ 4 Scope

§ 5 Definitions

Footnote

§ 6 Plant register

§ 7 Legal Obligation

Part 2 Connection, acceptance, transmission and distribution

Section 1 General provisions

§ 8 Port

§ 9 Technical specifications

Footnote

§ 10 Execution and use of the connection

§ 11 acceptance, transmission and distribution

Footnote

Section 2 Capacity expansion and feed-in management

§ 12 Expansion of network capacity

Section 13 Compensation

§ 14 Feed-in management

Footnote

§ 15 Case of hardship

Footnote

Section 3 Cost

§ 16 Network connection

Section 17 Capacity expansion

§ 18 Contractual Agreement

Part 3 Financial support

Section 1 General eligibility rules

Section 19 Funding entitlement for electricity

Footnote

§ 20 Change between divestment forms

Footnote

Section 21 Procedure for change

Footnote

§ 22 Start of funding and funding period

Footnote

Section 23 Calculation of support

Section 24 Reduction of funding at negative prices

Section 25 Reduction of the promotion in case of compulsory infringements

Footnote

Section 26 General provisions for the reduction of the support

Footnote

§ 27 lowering of the funding for electricity from hydropower, landfill gas, sewage gas, mine gas and geothermal energy

Footnote

§ 28 lowering of the funding for electricity from biomass

Footnote

§ 29 lowering of the support for electricity from wind energy on land

Footnote

§ 30 lowering of the support for electricity from wind energy at sea

§ 31 lowering of the support for electricity from solar radiation energy

Section 32 Support for electricity from several plants

Footnote

§ 33 Invoice

Footnote

Section 2 Subsidised direct marketing

Section 34 Market premium

Footnote

Section 35 Conditions of the market premium

Footnote

§ 36 Remote Control

Footnote

Section 3 Feed-in tariff

§ 37 Feed-in tariff for small plants

Footnote

§ 38 Feed-in tariff in exceptional cases

Section 39 Common provisions relating to feed-in tariff

Section 4 Special support provisions (divisions)

§ 40 Hydropower

Footnote

Section 41 Deponiegas

Footnote

Section 42 clarifying gas

Part 1
General provisions

Part 2
Connection, acceptance, transmission and distribution

Section 1
General provisions

Section 2
Capacity expansion and feed-in management

Section 3
Cost

Part 3
Financial support

Section 1
General eligibility rules

Section 2
Subsidised direct marketing

Section 3
Feed-in tariff

Section 4
Special support provisions (divisions)

Section 5
Special support provisions (flexibility)

Section 6
Specific support provisions (calls for tenders)

Part 4
Equalization Mechanism

Section 1
Federal compensation

Section 2
Special compensation scheme

Part 5
Transparency

Section 1
Participation and publication obligations