Law For The Development Of Renewable Energy

Original Language Title: Gesetz für den Ausbau erneuerbarer Energien

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Renewable Energy Law (Renewable Energy Sources Act-EEG 2014)

Non-official table of contents

EEG 2014

Date of expend: 21.07.2014

Full quote:

" Renewable Energy Sources Act of the 21. July 2014 (BGBl. 1066), as last amended by Article 1 of the Law of 29. June 2015 (BGBl. I p. 1010) has been changed "

:Last modified by Art. 1 G v. 29.6.2015 I 1010

For details, see Notes

Footnote

(+ + + Text evidence: 1.8.2014 + + +)
(+ + + For application) for details. 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. § 13 Para. 3 FFAV + + +)
(+ + + For application d. Section 32 (1), first sentence, cf.
§ 7 paragraph 3 sentence 3 AusglMechV 2015 + + +)
(+ + + For application d. Section 60 (2) sentence 1 and Paragraph 4, cf.
§ 7 paragraph 4 AusglMechV 2015 + + +)
(+ + + For application d. Section 61 (5) sentences 2 to 4, cf.
§ 9 paragraph 5 sentence 4 AusglMechV 2015 + + +)
(+ + + For application d. Section 66 (5), second sentence, cf.
§ 3 paragraph 3 sentence 3 AusglMechV 2015 + + +)
(+ + + For application d. Section 72 (1) (2) cf.
§ 9 (4) No. 3 AusglMechV 2015 + + +)

The G was the article 1 of the G v. 21.7.2014 I 1066 of the Bundestag. It occurs gem. Art. 23 sentence 1 of this G in force on 1 August 2014. unofficial table of contents

content overview

Content view part 1General provisions
§ 1Purpose and purpose of the law
§ 2Principles of the Law
§ 3tree-out path
§ 4 Scope
§ 5Definitions
§ 6 Asset register
§ 7Legal Debt
2Port, Acceptor,
Transfer, and Distribution Section 1General provisions
§ 8Port
§ 9 Technical Preferences
§ 10Connection Execution and Use
§ 11Accepting, Transfer, and
2capacity extension
and feed management
§ 12Network capacity expansion
§ 13Damage
§ 14Feed-in management
§ 15 Hardcase
3Cost
§ 16Network Port
§ 17Capacity extension
§ 18Contractual Agreement
3Financial Support Section 1General Funding
§ 19Funding entitlement for power
§ 20Change between divestment forms
§ 21 Procedures for Change
§ 22Start and duration of delivery
§ 23 Calculation of promotion
§ 24Reducing promotion at negative prices
§ 25Reducing promotion in case of mandatory violations
§ 26General Provisions to reduce support
§ 27lowering of the funding for electricity from hydropower, landfill gas, sewage gas, mine gas and Geothermal energy
§ 28lowering of the funding for electricity from biomass
§ 29 lowering the level of support for electricity from wind energy on land
§ 30lowering of the funding for electricity from wind energy See
§ 31lowering the level of support for electricity from solar radiation energy
§ 32 Promotion for multi-plant power
§ 33Invoice
2Gepromoted Direct
§ 34Market Premium
§ 35 Market premium requirements
§ 36Remote control
3Feed-in severance < table width="100%" style= "border: none; ">§ 37Feed-in tariff for small assets§ 38 Feed-in quality in exceptional cases§ 39Common provisions for feed-in 4Special Support Rules
(Save)
§ 40Hydropower
§ 41Deponiegas
§ 42clarifying gas
§  43Grubengas
§ 44Biomass
§ 45 Fermentation of bio-waste
§ 46Fermentation of manure
§  47Common rules for electricity from biomass and gases
§ 48Geothermal energy
§ 49Wind energy on land
§ 50Wind energy on See
§ 51Solar Radiation
5 Special Support Rules
(Flexibility)
§ 52eligibility for flexibility
§ 53 Flexibility supplement for new assets
§ 54Flexibility premium for existing
6Special Eligibility rules
(alerts)
§ 55Promotion of promotion for § 56Propagation to
§ 56Propagation to
4Reconciler Section 1Federal Continued Compensation
the transmission system operator
§ 57Compensation between network operators and transmission system operators
§ 58Compensation between the transmission system operators
§ 59Marketing through the Transmission System Operator
§ 60EEG Transfer for Electricity Supply Companies
§  61EEG transshipment for the last consumer and self-sufficient
§ 62Nightful night Corrections
2 Special Compensation Regulation
§ 63Principle
§ 64Electricity cost intensive companies
§ 65Rail tracks
§ 66Application and decision effect
§ 67Transformation from company
§ 68Revocation of the decision, information, right of access
§ 69 Co-operation and disclosure
Part 5Transparency Section 1Mitteilungs-und
Publication obligations
§ 70Principle
§ 71Asset Operator
§ 72Network Operator
§ 73Transmission System Operator
§ 74Power Supply Company
§ 75Testication
§ 76Federal Network Agency Information
§ 77Information of the Federal Network Agency Public
2Electricity Labeling
and Double Marketing
§ 78 Electricity label according to the EEG relocation
§ 79Origin of Origin
§  80Double marketing
6Legal protection
and official
§ 81 Clearingstelle
§ 82Consumer protection
§ 83 Incoming legal protection
§ 84Use of sea waterways
§ 85Bundesnetzagentur tasks
§ 86Bußmonetary regulations
§ 87Fees and
7Regulation authorisations,
reports, Transitional provisions Section 1Regulation authorisations
§ 88Regulation empowerment to RFQ for open space assets
§ 89Regulation authorisation to generate electricity from biomass
§ 90 Regulation empowerment for biomass sustainability requirements
§ 91Regulation empowerment for the Equalization mechanism
§ 92Certificate of Origin Regulation empowerment
§ 93 Regulation empowerment to asset register
§ 94Regulation authorisations for particular Equalization Scheme
§ 95Additional Regulation Authorizations
§ 96 Common provisions
2Reports
§ 97 Experience report
§ 98Monitoring Report
§ 99 Tendering
3Transitional Provisions
§ 100General Transitional provisions
§ 101Transitional provisions for electricity from biogas
§ 102 Transitional determination to switch to alerts
§ 103Transitional and hardship case regulations for particular Equalization Control
§ 104Additional Transitional
Assets
Asset 1:Market Premium Height
Appendix 2:Reference Income
Appendix 3:Prerequisites and height of the Flexibility premium
Asset 4:Electricity cost or trade-intensive

Part 1
General Provisions

Non-official table of contents

§ 1 Purpose and purpose of the law

(1) The purpose of this law is to: , in particular in the interests of climate and environmental protection, to enable the sustainable development of energy supply, to reduce the economic costs of energy supply, including through the integration of long-term external effects, to conserve fossil energy resources and to promote the further development of technologies for the generation of electricity from renewable energy sources.(2) In order to achieve the purpose of paragraph 1, the aim of this Act is to increase the share of electricity generated from renewable energy sources in gross electricity consumption continuously and cost-effectively to at least 80 per cent by 2050. This should be:
1.
40 to 45 percent by 2025, and
2.
55 to 60 per cent by 2035.
(3) The objective of paragraph 2, second sentence, is also to increase the share of renewable energies in total gross final energy consumption to at least 18 per cent by 2020. Non-official table of contents

§ 2 Principles of the law

(1) Electricity from renewable energy sources and from mine gas should be included in the Electricity supply system integrated. The improved market and grid integration of renewable energies is intended to contribute to a transformation of the entire energy supply system.(2) Electricity from renewable energy sources and from mine gas shall be marketed directly for the purpose of market integration.(3) The financial support for electricity generated from renewable energy sources and mine gas should be concentrated more on low-cost technologies. The medium-and long-term cost perspective must also be taken into account.(4) The costs of financial support for electricity from renewable energy sources and mine gas should be adequately distributed, including the polluter-pays principle and energy-related aspects.(5) The financial support and its amount shall be determined for electricity from renewable energy sources and mine gas by calls for tenders by 2017 at the latest. 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 is to be preserved.(6) The calls for tenders referred to in paragraph 5 shall be opened at a rate of at least 5 per cent of the annual reinstalled service throughout Europe, provided that
1.
the provisions of international law relating to 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 June 2009 on the implementation of the Cooperation Agreement between the European Parliament and the Council of The European Parliament and the Council of 27 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001 /77/EC and 2003 /30/EC (OJ L 136, 31.5.2001, p. 16),
2.
the promotion is based on the principle of reciprocity and
3.
the physical import of the stream can be detected.
unofficial Table of Contents

§ 3 Construction Path

The objectives of § 1 paragraph 2 sentence 2 are to be achieved by
1.
an increase in the installed performance of the Wind energy plants on land by 2 500 megawatts per year (net),
2.
an increase in the installed capacity of the wind turbines at sea to a total of 6 500 megawatts in the Year 2020 and 15,000 megawatts in 2030,
3.
an increase of the installed capacity of the power generation units from solar radiation energy by 2 500 Megawatt per year (gross) and
4.
an increase in the installed capacity of the plants to generate electricity from biomass by up to 100 megawatts per year (gross).
unofficial table of contents

§ 4 Scope

This law applies to assets, if and to the extent that the generation of the electricity in the Federal territory, including the German exclusive economic zone. Non-official table of contents

§ 5 Definitions

For the purposes of this law,
1.
"Appendix" any device for generating electricity from renewable energy sources or from mine gas; facilities also apply to the intermediately stored energy, which is exclusively from renewable energy sources or mine gas, and convert them into electrical energy,
2.
"Plant operator", who, regardless of ownership, is responsible for the installation of the Production of electricity from renewable energy sources or from mine gas,
3.
"Call for tender" an objective, transparent, non-discriminatory and competitive Method of determining the level of financial support,
4.
"Paying performance" of an asset the quotient of the sum of the values generated in the calendar year concerned Kilowatt-hours and the sum of the full hours of the respective calendar year less the full hours prior to the initial generation of electricity from renewable energy sources or from mine gas by the installation and after the definitive closure of the Appendix,
5.
"Balance Sheet" a balance sheet according to § 3, point 10a of the Energy Economic Law,
6.
"balancing circle contract" a contract according to § 26 paragraph 1 of the Electricity Network Access Ordinance,
7.
"Biogas" Gas, das is obtained by anaerobic digestion of biomass,
8.
"Biomethane" biogas or other gaseous biomass, which is processed and fed into the natural gas grid ,
9.
"Direct marketing" means the sale of electricity from renewable energy sources or from mine gas to third parties, unless the electricity is sold in the immediate vicinity of the spatial proximity to the plant, and not conducted through a network,
10.
"direct marketing entreprenter", who from the plant operator with the direct marketing is charged with electricity from renewable energy sources or from mine gas, or electricity from renewable energy sources or from coal mine gas is reduced in commercial terms, without being the last consumer of this electricity or grid operator,
11.
"Energy or Environmental Management System" a system that meets the requirements of DIN EN ISO 50 001, edition 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 June 2009. November 2009 on the voluntary participation of organisations in a Community eco-management and audit scheme and repealing Regulation (EC) No 761/2001, as well as Commission Decisions 2001 /681/EC and 2006 /193/EC 1. 1), as amended,
12.
'own supply' means the consumption of electricity by a natural or legal person in the immediate vicinity of the spatial relationship with the power generation plant itself, if the electricity is not routed through a network and that person operates the power generating system itself,
13.
"Electricity Supply Company" any natural or legal person who provides electricity to the final consumer
14.
"Renewable Energies"
a)
Hydropower including the wave, tidal, salt gradients, and Flow energy,
b)
Wind energy,
c)
solar radiation energy,
d)
Geothermie,
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 pursuant to § 19 or § 52,
16.
"Open-surface system" any installation for the generation of electricity from solar radiation energy which is not in, on or on a The building or any other construction plant, which has been constructed primarily for purposes other than the generation of electricity from solar radiation energy,
17.
"Buildings" every self-usable, covered building site that can be accessed by people and is primarily intended to protect people, animals or things
18.
"Generator" means any technical device, mechanical, chemical, thermal, or electromagnetic energy directly into electrical energy
19.
"slurry" of any substance that is liquid manure within the meaning of Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 May 2009, p. The Commission adopted a proposal for a regulation on animal by-products not intended for human consumption in October 2009 and repealing Regulation (EC) No 1774/2002 (OJ L 376, 27.12.2002, p. 1), as defined by Directive 2010 /63/EU (OJ L 327, 22.12.2010, p. 33),
20.
'Certificate of origin' means an electronic document intended solely for the purpose of a final consumer in the According to Article 42 (1) (1) of the German Energy Law, it is necessary to prove that a certain proportion or a certain amount of electricity has been generated from renewable energy sources,
21.
"Commissioning" the initial commissioning of the plant after the production of its technical operational readiness exclusively with renewable energies or mine gas; the technical Operational readiness requires that the installation be permanently installed at the place intended for permanent operation and permanently with the accessories required for the generation of alternating current; the replacement of the generator or other equipment. technical or structural parts after the initial start-up does not result in a change in the time of entry into service,
22.
"installed power" of a Installation of the electrical power, which the plant can technically perform without time constraints, without any time constraints, without any time constraints,
23.
"CHP Plant" a cogeneration plant within the meaning of § 3 paragraph 2 of the Power-Heat-Coupling Act,
24.
"Last Consumer" any natural or legal person who consumes electricity,
25.
"Monthly Market Value" the actual monthly average value of the energy-carrier-specific market value of electricity from renewable energy sources or from mine gas at the spot market of the EPEX Spot SE in Paris for the price zone, calculated retrospectively in accordance with Appendix 1 Germany/Austria in cents per kilowatt hour,
26.
"Network" the totality of interconnected technical equipment for acceptance, transmission and distribution of electricity for general supply,
27.
"Network operator" of any operator of a network for the general supply of electricity, independent of the Voltage level,
28.
"rail track" of any company which, for the purpose of passenger or freight transport, vehicles such as railways, magnetic levitation trains, trams, or in accordance with its construction and operating mode, operates similar tracks on rails or the infrastructure facilities required for the operation of such vehicles,
29.
"Storage gas" any gas that is not renewable energy but is produced for the purpose of buffering electricity from renewable energy only using electricity from renewable energy sources,
30.
"Power from cogeneration" Electricity as defined in § 3 paragraph 4 of the Power-Heat-Coupling Act,
31.
"Transmission system operator" of the regular network operators 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 economic assets of a company, or Company part by way of singular succession,
33.
"Environmental verifier" any person or organization that is in accordance with the environmental law of the law in the respectively applicable version as environmental verifier or environmental verifier,
34.
"Company" shall be any legal person association or legal person who shall be responsible for: The type and scope of commercial operations established in a commercial manner, which, with participation in general economic transport, is operated sustainably with its own profit-making intent,
35.
"Wind power plant on land" every plant to generate electricity from wind energy that is not a wind turbine at sea,
36.
"Wind power plant at sea" each plant for generating electricity from wind energy, measured at sea at a distance of at least three nautical miles from the coastline from the seeward As a coastline, the map number 2920 Deutsche Nordseeküste and adjacent waters, edition 1994, XII., as well as in the map number 2921 Deutsche Ostseeküste and adjacent waters, edition 1994, XII., of the Federal Office for sea shipping and hydrography on a scale of 1:375 0002 Coastal line,
37.
"residential building" of each building, which, according to its purpose, primarily serves the purpose of living, 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 the archive
2
Official note: to be received by the Federal Maritime and Hydrographic Office, 20359 Hamburg.

Footnote

(+ + + § 5 Nr. 21: Zur Application Section 100 (1) (10) (a) (a + + +)
(+ + + § 5 No. 21, first half-sentence: For application, see § 100 (2) sentence 1 + + +) Non-official Table of contents

§ 6 Asset 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 register). The asset register shall collect and provide the information required to
1.
the integration of electricity from renewable energy sources and mine gas into the To promote the electricity supply system,
2.
to review the principles according to § 2 (1) to (3) and the extension path according to § 3,
3.
to implement the lowering of the promotion in accordance with § § 28, 29 and 31,
4.
the nationwide compensation of the , and
5.
the implementation of national, European and international reporting requirements for the development of the to facilitate renewable energy.
(2) Plant operators must, in particular, transmit to the asset register:
1.
Details of their person and their Contact details,
2.
the location of the asset,
3.
the energy source from which the power is
4.
the installed power of the asset,
5.
whether for the in the
theregister will be made available to the public in order to improve 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(4) The further information, including the transmission of further information and the disclosure of the information stored in the register of assets to network operators and third parties, shall be governed by a legal regulation in accordance with § 93. By means of 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 German Energy Law. Unofficial Table Of Contents

§ 7 Legal Obligation

(1) Network operators shall not be allowed to fulfil their obligations under this Act from the Make the conclusion of a contract conditional.(2) Without prejudice to § 11 (3) and (4), the provisions of this Act may not be dismissed at the expense of the plant operator or the network operator. 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 are
1.
The subject of a process comparison within the meaning of § 794 Paragraph 1 (1) of the Civil Procedure Code,
2.
the result of a procedure carried out by the parties at the clearing house in accordance with § 81 (4) sentence 1, point 1, or
3.
a decision of the Federal Network Agency according to § 85.

Part 2
Connection, Accepting, Transfer, and Distribution

Section 1
General Provisions

Non-tameming table of contents

§ 8 

(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 shall be used in the the shortest 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 to take account of the costs directly incurred by the network connection. 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 Link 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 insignificant.(3) By way of derogation from paragraphs 1 and 2, the network operator may assign a different link point to the installation, unless the acceptance of the electricity from the plant concerned in accordance with Section 11 (1) would not be ensured at this point of linkage.(4) The network connection requirement shall also exist if the reduction of the electricity is only possible through the optimisation, reinforcement or expansion of the network according to § 12.(5) Network operators shall immediately submit a detailed timetable for the processing of the network connection request after receipt of a network connection request. In this schedule, specify
1.
in which work steps the network connection request is being edited and
2.
what information the feed-in willing from their area of responsibility must submit to the network operators so that the network operators determine the link point or their According to § 12.
(6) Network operators must forward the following information without delay and at the latest within eight weeks after receipt of the required information:
1.
a schedule for the immediate creation of the net connection with all the required work steps,
2.
all the information that feed-in willing to check the link point, as well as on request the required network impact assessment Network data,
3.
a comprehensible and detailed estimate of the costs incurred by the system operators through the grid connection; this estimate of costs includes only the costs arising from the technical production of the network connection and, in particular, the cost of exploiting the use of foreign land for the laying of the power supply line,
4.
the information required to meet the obligations of § 9 (1) and (2).
The right of the plant operators in accordance with § 10 paragraph 1 remains unaffected even if the Network operator has submitted the estimate as set out in point 3 of the first sentence. Non-official table of contents

§ 9 Technical specifications

(1) Plant operators and CHP operators must have installed their assets with an installed Provide power of more than 100 kilowatts with technical equipment at any time
1.
the power supply can be remotely controlled remotely, and
2.
the actual feed-in
The obligation laid down in the first sentence shall also be deemed to be fulfilled if several installations using similar renewable energy sources and connected to the grid via the same link point are satisfied with a common technical facility , with which the network operator is at any time
1.
the total feed-in power at Network overload can be remotely reduced and
2.
can call up all the actual power supply of the plants.
(2) Operators of plants to generate electricity from solar radiation energy
1.
with an installed power of more than 30 kilowatts and a maximum of 100 Kilowatts shall comply with the obligation laid down in the first sentence of the first sentence of paragraph 1 or in the first sentence of paragraph 1, second sentence, point 1,
2.
with an installed power of not more than 30 kilowatts, style="font-weight:normal; font-style:normal; text-decoration:none; ">
a)
satisfy the requirement of paragraph 1, first sentence, number 1, or paragraph 1, second sentence, number 1, or
b)
at the link of its asset with the network, limit the maximum power input to 70 percent of installed power.
(3) Multiple attachments to the Generation of electricity from solar radiation energy shall be deemed to be an installation, irrespective of ownership and for the sole purpose of determining the installed power referred to in paragraphs 1 and 2, if
1.
they are located on the same property or building and
2.
they have been put into service within 12 consecutive calendar months.
A requirement under paragraphs 1 or 2 for a plant operator is only due to the For the production of installations of another plant operator, he/she may ask for the replacement of the costs incurred.(4) As long as a network operator does not provide the information pursuant to Article 8 (6), first sentence, point 4, the legal consequences referred to in paragraph 7 in the event of infringements of paragraphs 1 or 2 shall not apply if
1.
the plant operators or the operators of CHP plants to the network 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 shall be equipped with technical devices, which are suitable for switching the installations on and off and for 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 site of biogas production is covered in a technically gas-tight manner ,
2.
the hydraulic residence time in the gas-tight new system, which is connected to a gas recovery, is at least 150 days in accordance with point 1. and
3.
additional gas consumption devices to prevent the release of biogas will be used.
Sentence 1 (1) and (2) shall not be applied if: Production of the biogas is exclusively used for manure. The second subparagraph of point 2 shall also not apply where the electricity generated in the installation is subject to the claim in accordance with § 19 in conjunction with Section 45.(6) Operators of wind turbines on land that are before the 1. As of January 1, 2017, it is necessary to ensure that the requirements of the System Services Ordinance are met at the point where the network is connected to the network.(7) The legal consequences of infringements of paragraphs 1, 2, 5 or 6 shall be determined in accordance with Article 25 (2) (1) of installations for which the production of electricity is based on the right to financial support in accordance with Article 19. In the case of the other installations, the facility operator shall not be entitled to a priority acceptance, transfer and distribution pursuant to § 11 for the duration of the infringement of paragraphs 1, 2, 5 or 6; in this case, operators of cogeneration plants shall lose their entitlement to for the payment of surcharges pursuant to § 4 (3) of the Force-Heat-Coupling Act or, insofar as such is not the case, their entitlement to priority access to the network in accordance with § 4 (4) of the Kraft-Heat-Coupling Act.(8) The obligations and requirements laid down in § § 21c, 21d and 21e of the Energy Economic Act and pursuant to the legal regulations issued pursuant to Section 21i paragraph 1 of the Energy Economics Act remain unaffected.

footnote

(+ + + § 9 para. 1 sentence 2: For use, see: Section 104 (1) sentence 1 + + +)
(+ + + § 9 para. 4: For application see Section 100 (1) (10) (e + + +)) Non-official table of contents

§ 10 Installation and use of the connection

(1) Plant operators shall be allowed to connect the installations and the installation and operation of the measuring equipment, including the measurement of the network operator or an expert third person be made. The provisions of § § 21b to 21h of the Energiewirtschaftsgesetz and the legal regulations issued pursuant to § 21i of the German Energy Act apply to measurement point operation and measurement.(2) The execution of the connection and the other facilities necessary for the security of the network must comply with the technical requirements of the network operator and § 49 of the Energy Economic Law, which are necessary in individual cases.(3) In the case of the feed-in of electricity from renewable energies or Grubengas, the system operator § 18 (2) of the Lower-voltage Decree-Regulation shall be applied accordingly. Non-official table of contents

§ 11 acceptance, transfer, and distribution

(1) Network operators must, subject to § 14, complete the entire electricity renewable energies or Grubengas, which is sold in a form of divestment pursuant to § 20 (1), shall immediately physically remove, transfer and distribute it as a matter of priority. 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 pursuant to § 4 (1) sentence 1 and the second sentence of the second sentence of the Force-Heat-Coupling Act are of equal importance.(2) Paragraph 1 shall apply mutatily if the installation is connected to the network of the plant operator or a third person who is not a network operator, 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 where plant operators or direct marketing operators and network operators, without prejudice to § 15, agree on an exceptional basis for the better integration of the plant into the network, from the priority of acceptance of the system . 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 appropriately taken into account and that the maximum possible amount of electricity from renewable energy sources is taken off as a whole.(4) The obligations referred to in paragraph 1 shall also not exist, as far as this is permitted by the Regulation on the compensation mechanism.(5) The obligations of priority acceptance, transmission and distribution in relation to the receiving network operator, which is not the transmission system operator,
1.
Upstream transmission system operators,
2.
the nearest domestic transmission system operator, if there is no network operator in the network area internal transmission network, or
3.
in particular in the case of the transmission referred to in paragraph 2 of any other network operator.

footnote

(+ + + § 11 Paragraph 5: To be applied, see § 57 para. 2 sentence 2 + + +)
(+ + + § 11 para. 5 no. 2: For application see § 57 (3) sentence 2 + + +)

Section 2
Capacity expansion and feed management

Non-official table of contents

§ 12 Extension of network capacity

(1) Network operators must immediately notify their networks at the request of the feed-in consent in accordance with state-of-the-art technology, to improve, strengthen and develop the system for the reduction, transmission and distribution of electricity from renewable energy sources or mine gas. 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 to ensure.(2) The obligation shall cover all the technical equipment necessary for the operation of the network, as well as the connecting installations which are owned or owned by the network operator.(3) The network operator does not need to optimise, strengthen and develop its network, where this is economically unreasonable.(4) The obligations pursuant to § 4 (1) of the Kraft-Heat-Coupling Act as well as in accordance with Section 12 (3) of the Energy Economics Act remain unaffected. Non-official table of contents

§ 13 damages

(1) The network operator is not responsible for its obligation under Section 12 (1) of this Regulation, and may replace the the damage caused thereby. The replacement obligation shall not occur if the network operator does not have to represent the breach of duty.(2) If facts exist which justify the assumption that the network operator has not fulfilled its obligation under Section 12 (1), plant operators may request information from the network operator as to whether and to what extent the network operator optimises the network, has strengthened and expanded. Non-official table of contents

§ 14 Feed-in management

(1) Network operators may, without prejudice to their obligation under Section 12, apply to their network exceptionally plants and cogeneration installations directly or indirectly connected to a device for remotely controlled reduction of the feed-in power in the event of network congestion within the meaning of Article 9 (1), first sentence, point 1, second sentence, point 1 or second paragraph, point 1, or 2 (a) rules, as far as
1.
otherwise a network bottleneck in the respective network area including the upstream network
2.
the priority for electricity from renewable energy sources, mine gas and cogeneration shall be maintained unless other electricity generators have to remain on the grid, in order to ensure the safety and reliability of the electricity supply system, and
3.
they provide the available data on the actual feed-in in the respective Network Region.
When regulating the installations in accordance with the first sentence, installations within the meaning of section 9 (2) shall not be regulated until the rest of the installations. In addition, network operators must ensure that the largest possible amount of electricity from renewable energy sources and combined heat and power is taken off.(2) Network operators must inform operators of installations in accordance with Article 9 (1) at the latest on the previous day, otherwise without delay on the date to be expected, the extent and duration of the scheme, provided that the implementation of the measure is foreseeable.(3) Network operators shall inform those affected by the measures referred to in paragraph 1 without delay of the actual points in time, the extent, duration and reasons for the scheme and, if requested, within four weeks of proof of the Submit the requirement of the measure. 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, the data collected in accordance with the first sentence of paragraph 1 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 kept up to 31% by 31 December 2008. 1 January of the following year. Section 13 (5) sentence 3 of the Energy Economic Law remains unaffected.

footnote

(+ + + § 14: For non-application, see § 17d paragraph 6 EnWG 2005 + + +) Non-official Table of contents

§ 15 Hardship Regulation

(1) The supply of electricity from an installation for the generation of electricity from renewable energy sources, mine gas or cogeneration due to a network shortage within the meaning of § 14 (1) , the network operator to whose network the installation is connected shall, by way of derogation from Article 13 (4) of the Energy Economic Law, have to pay for 95% of the lost revenue plus the additional Compensation of expenses and less expenses saved. If the lost revenue in accordance with the first sentence in one year exceeds 1% of the revenue of this year, the operators affected by the scheme shall be 100 per cent from that date. The network operator in whose network the cause of the scheme is 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 approach the costs referred to in paragraph 1 in the determination of network charges, in so far as the measure was necessary and it is not responsible for it. In particular, the network operator shall be responsible, provided that it has not exhausted all the possibilities for optimising, strengthening and developing the network.(3) The claims for damages by plant operators against the network operator shall remain unaffected.

footnote

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

Section 3
Costs

Non-official table of contents

§ 16 Network port

(1) The necessary costs of connecting assets to generate electricity from renewable sources The plant operator shall carry energy or from mine gas to the point of connection according to § 8 (1) or (2) as well as the necessary measuring equipment for the collection of the supplied and the related electricity.(2) In accordance with Section 8 (3), the network operator shall provide the equipment with a different point of connection, it shall bear the additional costs resulting therefrom. Non-official table of contents

§ 17 Capacity expansion

The network operator is responsible for the cost of optimizing, strengthening, and expanding the network. Non-official table of contents

§ 18 Contractual agreement

(1) Network operators may incur costs incurred as a result of the agreement pursuant to Section 11 (3) of the Agreement. To the extent that these costs are economically appropriate with regard to § 1 or § 2 (1), the extent to which the network charges are determined are taken into consideration.(2) The costs shall be subject to the audit for efficiency by the regulatory authority in accordance with the provisions of the Energy Economic Law.

Part 3
Financial Support

Section 1
General Funding Rules

Non-official table of contents

§ 19 Funding claim for electricity

(1) operators of installations in which only renewable energy or mine gas are used shall have a claim for the electricity generated in these installations against the network operator
1.
on the market premium according to § 34, if they market the electricity directly and leave the network operator the right to use this electricity as "electricity from renewable energy sources or from mine gas". (subsidised direct marketing), or
2.
on a feed-in tariff according to § 37 or § 38, if they provide the electricity to the network operator and to the extent that: This shall be exceptionally permitted by way of derogation from § 2 (2).
(2) The expected payments in accordance with paragraph 1 shall be 15 months each month. The calendar day for the previous month shall be made in an appropriate manner.(3) The claim referred to in paragraph 1 shall not be due and the right to monthly deductises as referred to in paragraph 2 shall be deleted as long as plant operators have not fulfilled their obligations for data transmission for the respective previous year pursuant to § 71.(4) The claim referred to in paragraph 1 shall also exist where 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 if 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 energies and storage gases.

footnote

(+ + + § 19 para. 2 and 3: For use, see Section 52 (2) + + +) Non-official table of contents

§ 20 Change between divestment forms

(1) Plant operators are allowed to use any Change the asset only to the first calendar day of a month between the following forms of divestment:
1.
direct marketing promoted,
2.
of other direct marketing,
3.
the feed-in tariff according to § 37 and
4.
the feed-in tariff referred to in § 38.
(2) Plant operators may use the electricity generated in their assets in percentage of the various forms of disposal referred to in paragraph 1, number 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 entrepre or
2.
divest the electricity completely or proportionally to third parties, provided they use the electricity in the immediate vicinity of the plant and the electricity is not routed through a network

Footnote

(+ + + § 20: For application see Section 100 (1) (10) (c) + + +) Non-official table of contents

§ 21 Procedure for the Change

(1) Plant operators must notify the network operator of a change between the forms of divestment in accordance with § 20 (1) before the beginning of the previous calendar month. If they switch to or out of the divestment form in accordance with Section 20 (1) (4), they may notify the network operator by way of derogation from the first sentence of the previous month to the fifth-last working day of the previous month.(2) In the case of the communications referred to in paragraph 1, the plant operators shall also specify:
1.
the divestment form in accordance with § 20, paragraph 1, to which a change is made,
2.
when switching to a direct marketing according to § 20, paragraph 1, number 1 or 2, the balance sheet to which the directly marketed stream is to be allocated, and
3.
in the case of a percentage distribution of the electricity to different forms of divestment according to § 20, paragraph 2, the percentages to which the electricity is allocated to the divestment forms
() In so far as the Federal Network Agency has adopted a definition in accordance with Article 85 (3) (3), the system operator must be responsible for the transmission of notifications under paragraphs 1 and 2 of the established procedure and format.

Footnote

(+ + + § 21: For application see Section 100 (1) (10) (c) + + +) Non-official table of contents

§ 22 Funding commence and duration of funding

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 is the date when the installation is put into service, unless otherwise indicated in the following provisions.

Footnote

(+ + + § 22: For application see § 26 para. 1 sentence 3 + + +) Non-official table of contents

§ 23 Calculation of funding

(1) The amount of the right to financial support shall be determined by the amount of the funding Basis for calculation of values for electricity produced from renewable energy sources or from mine gas. The value to be applied shall be the amount to be used for the determination 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 values to be applied for electricity, which is promoted as a function of the rated power or the installed power of the installation, is determined by
1.
a financial support for electricity from solar radiation energy in proportion to the installed capacity of the system in proportion to the threshold value to be applied in each case and
2.
with financial support in all other cases pro rata according to the asset's rated performance.
(3) The value added tax is not included in the values to be applied .(4) The amount of the entitlement to financial support shall be reduced to
1.
in accordance with § 24 at negative prices,
2.
in accordance with § § 25, 47 (4) or I.5 of Appendix 3 in case of violation of a provision of this law,
3.
in accordance with § § 26 to 31 because of the degressive structuring of financial support,
4.
In accordance with § 37 (3) or § 38 (2) in the case of the use of a feed-in tariff,
5.
in accordance with § 47 (1) sentence 2 for the share referred to therein the amount of electricity produced in a calendar year from biogas or
6.
in accordance with § 55 (3) for electricity from open-surface systems.
name="BJNR106610014BJNE002501360 " />Non-Official Table of Contents

§ 24 Reduction of Promotion at Negative Prices

(1) If the value of the hourly contracts for the price zone Germany/Austria 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 entire period in which the hourly contracts are are negative without interruption, to zero.(2) If the electricity is sold in the feed-in tariff in accordance with § 38 in a calendar month in which the conditions referred to in paragraph 1 are met at least once, the plant operator shall be required to supply the network operator with the data transmission in accordance with section 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 that calendar month in which the Time period is in whole or in part.(3) Paragraphs 1 and 2 are not applicable to
1.
Assets that are prior to the 1. 2
2.
Wind turbines with an installed capacity of less than 3 megawatts, or other systems installed with an installed capacity of less than 3 megawatts, Power of less than 500 kilowatts, in accordance with Section 32 (1), first sentence, to be applied accordingly,
3.
Demonstration projects.
Non-official table of contents

§ 25 Reduction of the promotion in case of a mandatory violation

(1) The value to be applied in accordance with § 23 (1) sentence 2 is reduced to zero,
1.
as long as asset operators do not specify the information required to register the asset In accordance with § 93,
2.
as long as and to the extent that plant operators of a plant registered in accordance with the legal regulation pursuant to § 93 of the German law An increase in the installed power of the plant has not been transmitted in accordance with the legal regulation according to § 93,
3.
if plant operators are against § 20 (2) sentence 2.
4.
as long as the proof referred to in § 100 (2) sentence 3 is not provided for installations pursuant to § 100 (2) sentence 2.
Sentence 1 (3) shall apply until the expiry of the the third calendar month following the cessation of the infringement of the second sentence of Article 20 (2).(2) The value to be applied in accordance with § 23 (1) sentence 2 shall be reduced to the monthly market value,
1.
System operator in breach of § 9 (1), 2, 5 or 6,
2.
if the operator of the system changes the change between the various forms of divestment according to § 20 referred to in Article 21 (1),
3.
as long as the operator of the plant, the electricity generated in the installation, shall be the operator of the system pursuant to Article 19 (1) (2) in violation of § 39 (2), but at least for the duration of the entire calendar month in which such a violation has occurred,
4.
if: System operators are in breach of the obligations laid down in § 80,
5.
as far as the installation or operation of the plant serves the purpose of public service Building on the basis of a national law in accordance with Section 3 (4) (1) of the Renewable Energy Heat Act, and if the plant is not a cogeneration plant.
The reduction shall apply in the case of the first sentence of sentence 1 to the expiry of the Calendar month following termination of the infringement 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 § 100 para. 1 no. 3 + + +) Non-official table of contents

§ 26 General provisions to reduce the funding

(1) The values to be applied are without prejudice to § § 100 and 101 of the Calculation of the financial support shall be based on
1.
for electricity from installations for the generation of electricity from solar radiation energy, which is before the 1.
.
2.
for electricity from plants for the generation of electricity from geothermal energy and for electricity from wind turbines at sea, which are before 1. January 2018, and
3.
for electricity from other plants that are before the 1.
shall also be based on the calculation of the financial support for electricity from installations which shall be put into service from the dates referred to in the first sentence, with the proviso that the shall be reduced in accordance with the provisions of Sections 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 funding period according to § 22.(2) The publications necessary for the application of § § 28, 29, 31 and number I.5 of Appendix 3, including the publication of the applicable values to be applied in accordance with § § 28, 29 and 31, are governed by the legal regulation according to § § § § § § § § § § § § § § § § § § § § § § § § § § 28 93, and shall be published for each calendar month until the end of the following month in accordance with the provisions of this Regulation:
1.
for installations for the generation of electricity Biomass:
a)
the sum of the installed capacity of the assets that have been registered as being put into service during this time period (gross production),
b)
the sum of the installed performance, after the 31. July 2014 for the first time will be put into operation in plants that are before 1. August 2014
2.
for wind turbines on land:
a)
the sum of the installed performance of the assets that have been registered as running during this time period
b)
the sum of the installed performance of the assets that have been registered as finally decommissioned during this period, and
c)
the difference between the values of letters a and b (net addition),
3.
for assets for the generation of electricity from solar radiation energy, the sum of the installed capacity of the installations which have been registered as being in operation during that period (gross production).
(3) The values to be applied shall be calculated after the calculation in accordance with the provisions of paragraph 1 in conjunction with § § 27 to 31, rounded in two places after the comma. For the calculation of the amount of the values to be sounded due to a renewed adjustment in accordance with paragraph 1 in conjunction with § § 27 to 31, the unjust values of the previous adjustment must be based.

Footnote

(+ + + § 26: For use see § § § § § § § § § § § § § § § § § § § § § § § § 1 No. 10 (b) + + +)
(+ + + § 26 (3) sentence 1: For the application, see Section 38 (2) sentence 2 + + +)
§ 26 para. 2 no. 2 Inbox italics: Due to obvious inaccuracy, the word "wind energy plants" has been used "Wind energy plants" replaces 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 decrease from 2016 onwards to 1. January for electricity from
1.
Hydropower according to § 40 by 0.5 percent,
2.
Deponiegas according to § 41 um 1.5 percent,
3.
Sewage Gas according to § 42 by 1.5 percent and
4.
Grubengas according to § 43 by 1.5 %.
(2) The values to be applied for electricity from geothermal energy according to § 48 are reduced annually from 2018 to 1. January by 5.0 percent.

Footnote

(+ + + § 27: For application see Section 100 (1) (10) (b) (b + + +)) Non-official table of contents

§ 28 Lowering of the Support for electricity from biomass

1) The gross production of plants for the generation of electricity from biomass should not be more than 100 megawatts of installed capacity per year.(2) The values to be applied in accordance with § § § 44 to 46 shall be reduced from the year 2016 to the first one. January, 1. April, 1. July and 1. October of one year by 0.5 per cent compared with the applicable values in force in the previous three calendar months.(3) The reduction referred to in paragraph 2 shall be increased to 1.27 per cent if the gross addition of installations for the production of electricity from biomass published in accordance with Article 26 (2) (1) (a) has the objective referred to in paragraph 1 for the whole reference period referred to in paragraph 4. exceeds.(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 in accordance with paragraph 2.

footnote

(+ + + § 28: For application, see § 100 (1) 10 (b) (b + + +)) unofficial table of contents

§ 29 lowering of the funding for electricity from wind power on land

(1) The target corridor for the net construction of wind turbines on land is 2 400 to 2 600 Megawatt per year.(2) The values to be applied in accordance with § 49 shall be reduced from the year 2016 to the first one. January, 1. April, 1. July and 1. October of one year by 0.4 per cent compared with the applicable values in force in the previous three calendar months.(3) The reduction in the values to be applied in accordance with paragraph 2 shall be increased if the net addition of wind energy plants to land published in accordance with Article 26 (2) (2) (c) in the entire reference period referred to in paragraph 6 shall increase the target corridor referred to in paragraph 1.
1.
by up to 200 megawatts, to 0.5 percent,
2.
to more than 200 megawatts Exceeds, to 0.6 percent,
3.
exceeds 400 megawatts, to 0.8 percent,
4.
by more than 600 megawatts, to 1.0 percent, or
5.
to exceed 800 megawatts, to 1.2 per cent.
(4) The reduction in the values to be applied in accordance with paragraph 2 shall be reduced if the net addition of wind energy plants to the country published in accordance with Article 26 (2) (2) (c) in the whole of the reference period referred to in paragraph 6 is reduced Target corridor after paragraph 1
1.
is up to 200 megawatts, down to 0.3 percent,
2.
down by more than 200 megawatts, to 0.2 percent or
3.
by more than 400 megawatts
(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 Section 49 in relation to the three calendar months in force in the preceding three calendar months. Values to be applied 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 the target corridor as referred to in paragraph 1
1.
down by more than 600 megawatts, down by 0.2 percent or
2.
by more than 800 megawatts, by 0.4 percent.
(6) Reference period is 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 in accordance with paragraph 2.

footnote

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

§ 30 lowering of funding for electricity from wind power at sea

(1) For electricity from wind power at sea, the values to be applied are reduced
1.
according to § 50 paragraph 2
a)
to 1. January 2018 by 0.5 cents per kilowatt hour,
b)
to 1. January 2020 by 1.0 cent per kilowatt hour and
c)
from 2021 per year to 1. January by 0.5 cents per kilowatt hour
2.
according to § 50 (3) to 1.
for the purposes of the application of paragraph 1, the date of the operational readiness of the wind energy plant at sea in accordance with Article 17e (2) of the first sentence of Article 17e (2) and (4) shall be different from the date of application of the second sentence of Article 26 (1) of the Energy Economics Act, if the network connection is not completed at the mandatory completion date in accordance with § 17d (2) sentence 5 of the Energy Economic Law. Non-official table of contents

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

(1) The target corridor for the gross supply of plants 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 from 1. September 2014 monthly on the first calendar day of one month by 0.5 per cent compared to the applicable values in force in the previous calendar month. The monthly reduction in accordance with the first sentence shall be increased or decreased to 1. January, 1. April, 1. July and 1. October each year, in accordance with the provisions of paragraphs 3 and 4.(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 radiation energy published in accordance with Article 26 (2) (3) in the whole of the reference period shall be increased by (5) the target corridor as referred to in paragraph 1
1.
by up to 900 megawatts, to 1,00 Percent,
2.
exceeds 900 megawatts, to 1.40 percent,
3.
to more than 1 900 megawatts, up to 1.80 percent,
4.
exceeds 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
() 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 power, published in accordance with Article 26 (2) (3) Radiation energy throughout the reference period referred to in paragraph 5 shall be the target corridor as referred to in paragraph 1
1.
by falls below 900 megawatts, to 0.25 percent,
2.
is below 900 megawatts, to zero or
3.
by more than 1 400 megawatts, to zero; the values to be applied according to § 51 increase by 1.50 per cent on the first calendar day of the respective quarter.
(5) The reference period is 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 subsidised installations for the generation of electricity from solar radiation energy exceeds 52 000 megawatts for the first time, the values to be applied shall be reduced in accordance with § 51 on the first calendar day of the second the exceeding of the following calendar month to zero. Funded plants are all plants for the generation of electricity from solar radiation energy,
1.
which after According to § 93, the legal regulation has been registered as a subsidized asset,
2.
for the location and the installed power according to § 16 (2) sentence 2 of the Renewable energy law in the 31. Article 17 (2) (1) (a) of the Renewable Energy Sources Act (Renewable Energies Act), which is in force on 31 December 2011. March 2012, or in accordance with Article 17 (2) (1) (a) of the Renewable Energy Sources Act (Renewable Energies Act) in the 31 December 2012. The current version of the website was sent to the Federal Network Agency (Bundesnetzagentur) or
3.
before 1. The sum of the installed power is from the Federal Network Agency taking into account the notifications in its photovoltaic reporting portal and the data of the transmission system operators and the statistical system Federal Office of the Federal Republic of Germany.
Non-official table of contents

§ 32 Support for power from multiple plants

(1) Several systems are independent from the ownership and solely for the purpose of determining the claim in accordance with § 19 for the most recently commissioned generator as an asset, if
1.
they are located on the same property or in close proximity to them,
2.
they are electricity
3.
the electricity produced in them, in accordance with the rules of this law, as a function of the rated power or the the installed capacity of the plant is financially supported and
4.
it has been put into service within twelve consecutive calendar months
By way of derogation from the first sentence, a number of installations shall be the same irrespective of the ownership and for the sole purpose of determining the claim under section 19 for the most recent generator of an installation, if it is not Generate electricity from biogas with the exception of biomethane and the biogas comes from the same biogas production 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 conditions of ownership and solely 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 is built
1.
within the same community that is responsible for issuing the building plan, and
2.
within 24 consecutive calendar months at a distance of up to 2 kilometers in the air line, measured from the outer edge of the respective asset, put into service .
(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 paragraph 1.(4) By way of derogation from paragraph 3, the allocation of the current quantities to the wind energy plants shall be carried out in proportion to the respective reference yield.

Footnote

(+ + + § 32) Par. 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) No. 4 + + +)
(+ + + § 32 para. 1 sentence 1: For application see § 7 para. 3 sentence 3 AusglMechV 2015 + + +)
(+ + + § 32 para. 3 u. 4: For use, see Section 72 (1) (2) + + +) Non-official table of contents

§ 33 Invoice

(1) The offsetting of claims of the plant operator in accordance with § 19, the network operator shall be entitled only to the extent that the claim is undisputed or has been legally established.(2) The prohibition of the settlement of § 23 (3) of the Niederspannungsancontainment Ordinance does not apply to the extent to which claims are included in this Act.

Footnote

(+ + + § 33: For application cf. Section 52 (2) + + +)
(+ + + § 33 para. 1: To apply) cf. § 57 (5) sentence 3 + + +)

Section 2
Direct Marketing Promoted

Non-official Table of contents

§ 34 Market premium

(1) Plant operators may be responsible for electricity from renewable energy sources or mine gas, which they market directly pursuant to section 20 (1) (1) and which are actually fed in as well as from a third party , a market premium has been requested by the network operator.(2) The amount of the market premium shall be calculated on a calendar month basis. The calculation is performed retrospectively on the basis of the values calculated for the respective calendar month according to Appendix 1.

Footnote

(+ + + § 34: For application cf. Section 100 (1) (10) (c) + + +) unofficial table of contents

§ 35 Prerequisites of the market premium

The entitlement to payment of the market premium is only if
1.
Power is not used for electricity avoided according to § 18 paragraph 1 sentence 1 of the Electricity Network Regulation,
2.
the stream is created in an asset that is remotely controllable within the meaning of § 36 Paragraph 1, and
3.
Electricity is accounted for in a balance sheet or sub-balance sheet in which only the following electricity is accounted for:
a)
Electricity from renewable energy sources or from Grubengas, which is directly marketed in the form of the divestment of Section 20 (1) (1), or
b)
Electricity which is not covered by point (a) and its adjustment in the balance sheet, or The sub-balance sheet shall not be represented by the plant operator or the direct marketing operator
condition set out in the first sentence of the first subparagraph shall not be required before the start of the second installation following the start of the installation of the installation.

Footnote

(+ + + § 35: For the application, see Section 100 (1) (10) (c) + + +)
(+ + + § 35, sentence 1, point 2: For the application, see § 100 para. 1 no. 5 + + +) unofficial table of contents

§ 36 Remote controllability

(1) assets are remotely controllable within the meaning of § 35 sentence 1 number 2 if the plant operators
1.
the technical equipment required to ensure that a direct marketing entreprenator or any other person to which the electricity is sold at any time
a)
can retrieve the respective actual feed and
b)
remote-controlled feed power ,
2.
the direct marketing entrepre or the other person to whom the electricity is sold shall grant the power to
a)
retrieve the respective actual feed and
b)
remote-controlled feed power in reduce the volume of electricity required for the needs-based feeding of the electricity and cannot be demonstrably excluded in accordance with the requirements of the approval requirements.
, the first number is also fulfilled if there are several Installations connected to the network via the same point of linkage shall be subject to joint technical facilities with which the direct marketing entrepre or the other person shall at all times obtain the whole of the actual feed-in of the installations. and the entire feed-in power of the plants can be reduced by remote control.(2) For installations in which measurement systems within the meaning of § 21d of the Energy Economics Act are to be incorporated in accordance with § 21c of the German Energy Law, which meet the requirements of § 21e of the German Energy Law, the retrieval of the Is-feed-in and the remote-controlled reduction of the feed-in power according to paragraph 1 take place via the measuring system; § 21g of the Energy Economics Act is to be observed. As long as the installation of a measuring system is not technically possible within the meaning of § 21c (2) of the Energy Economics Act, the Federal Office for Information Security shall take into account the relevant standards and recommendations of the Federal Office for Information Security. Transmission techniques and transmission routes, which correspond to the state of the art when the plant is put into service; § 21g of the Energy Economic Act must be observed. The second sentence shall apply mutatily to installations where, for other reasons, there is no obligation to install a measuring system in accordance with Section 21c of the Energy Economic Law.(3) The use of the technical equipment referred to in the first sentence of paragraph 1 and the power granted to the direct marketing operator or the other person pursuant to the first sentence of paragraph 1 may be the right of the network operator to: Do not limit feed-in management according to § 14.

footnote

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

Section 3
Feed-in-Guide

name="BJNR106610014BJNE003800000 " />Non-official table of contents

§ 37 Feed-in tariff for small plants

(1) Plant operators can be used for electricity from renewable energy sources or from Mine gas, which they provide to the network operator pursuant to Article 20 (1) (3), require a feed-in tariff to be supplied by this network operator.(2) The claim for a feed-in tariff is
1.
for power from assets that are prior to the 1. On January 1, 2016, they have been put into service and have an installed power of no more than 500 kilowatts, and
2.
for power from plants that are after the 31.
) The amount of the feed-in tariff is calculated from the values to be applied and in § § 20 to 32, whereby the values to be applied shall be determined by the values to be applied. before the reduction in accordance with § § 26 to 31
1.
0.2 cents per kilowatt hour for electricity in the sense of § § 40 to 48 are to be deducted and
2.
0.4 cents per kilowatt hour for electricity in the sense of § § 49 to 51.
(4) Regardless of the ownership conditions and solely for the purpose of determining the The installed capacity referred to in paragraph 2 shall apply mutatily to § 32 (1) sentence 1.

footnote

(+ + + § 37: For use, see § 100 para. 1 no. 6 + + +) unofficial table of contents

§ 38 feed-in tariff in exceptional cases

(1) Plant operators can be used for electricity from renewable energy sources or from mine gas, which they use in accordance with § 20 (1) (4) provide the network operator with a request for a feed-in tariff from this network operator.(2) The amount of the feed-in tariff shall be calculated from the values to be applied and in § § 20 to 32, the values to be applied after the reduction in accordance with § § 26 to 31 by 20 per cent compared to the value to be applied in accordance with § 26 (3) sentence 1 reduce. Section 26 (3), first sentence, shall apply mutagenly to the values to be applied in accordance with the first sentence. Non-official table of contents

§ 39 Common provisions for the feed-in tariff

(1) The right to a feed-in tariff is only available for Electricity that has actually been removed from a network operator pursuant to § 11.(2) Plant operators providing electricity to the network operator pursuant to Article 20 (1) (3) or (4) shall, from that date and for that period, provide the network operator with the total electricity generated in this installation,
1.
for which there is basically a claim according to § 19,
2.
not in close proximity is consumed for installation and
3.
which is routed through a network
. You are not allowed to participate in the control energy market with this asset.

Section 4
Special Funding Rules (Save)

unofficial table of contents

§ 40 hydropower

(1) For hydropower power, the value to be applied is
1.
up to a rated output of 500 kilowatts 12.52 cents per kilowatt hour,
2.
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 year Kilowatt-hour,
4.
up to 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.
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 year Kilowatt-hour.
(2) The right to financial support is also available for electricity from installations that are before the 1. It was put into operation in January 2009, when the 31 December 2009 was completed. The performance of the plant was increased in July 2014 by a water-law-approved assessment measure. Sentence 1 shall apply to non-admission requirements if the performance capacity 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 remaining part of the year in which the action to be carried out has been completed.(3) For hydroelectric power generated in installations referred to in paragraph 2 with an installed capacity of more than 5 megawatts, a claim for financial support shall be limited to the electricity generated by the increase in the performance referred to in the first or second sentence of paragraph 2. is to be expected. If the system is in front of the 1. As of August 2014, an installed capacity of up to 5 megawatts has been installed, and the electricity that corresponds to this benefit is the claim under the current regime.(4) The right to financial support referred to in paragraph 1 shall consist only if the installation has been established
1.
in the spatial context of a whole or part of the system. existing or primarily for purposes other than the generation of electricity from hydroelectric power, or
2.
without end-to-end power supply Cross-fade.

Footnote

(+ + + § 40 para. 1: For application see Section 100 (1) (10) (b) + + +) Non-official table of contents

§ 41 Landfill gas

For landfill gas electricity, the value to be applied is
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) Book. b + + +) unofficial table of contents

§ 42 clarifying gas

For electricity from sewage gas, the value to be applied is
1.
up to and including a rated power of 500 kilowatts 6.69 cents per kilowatt-hour and
2.
including a rated power of 5 megawatts 5.83 cents per kilowatt hour.

Footnote

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

§ 43 Grubengas

(1) For electricity from mine gas, the value to be applied is
1.
to 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 year 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 from mines of active or decommissioned mining is derived.

Footnote

(+ + + § 43: For application see § 100 (1) No. 10 (b) (b) + + +) Non-official Table of contents

§ 44 Biomass

For electricity from biomass for the purposes of the biomass ordinance, the value to be applied is
1.
up to and including a biomass regulation. Measuring power of 150 kilowatts 13.66 cents per kilowatt hour,
2.
up to a rated power of 500 kilowatts 11.78 cents per day Kilowatt-hour,
3.
up to 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 + + +) Non-official table of contents

§ 45 Fermentation of bio-waste

(1) For electricity from plants in which biogas is used, which is due to 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 codes number 20 02 01, 20 03 01 and 20 03 02 of point 1 of Annex 1 to the Biowaste Ordinance in the relevant calendar year of an average of at least 90% by mass has been obtained, the value to be applied is
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 claim for financial support Only if the facilities for anaerobic digestion of the bio-waste are directly linked to a plant for the post-rotting of the solid fermentation residues and the post-tanned fermentation residues are recycled.

footnote

(+ + + § 45: For use, see: Section 100 (1) (10) (b) + + +) Non-official table of contents

§ 46 Fermentation of liquid manure

For electricity from plants in which biogas is used , which has been obtained 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 stream is generated at the site of the biogas plant,
2.
the installed power at the site the total biogas production plant is at most 75 kilowatts, and
3.
for the production of the biogas in the respective calendar year on average a share of liquid manure with the exception of poultry mist and dried fowl of at least 80% by mass.

Footnote

(+ + + § 46: For use, see § 100 (1) 10 (b) (b + + +)) unofficial table of contents

§ 47 Common provisions for electricity from biomass and gases

(1) The right to financial support for electricity from biogas is for electricity, which is installed in plants with an installed capacity of more than 100 kilowatts, only for the proportion of the quantity of electricity produced in a calendar year which corresponds to a rated power of the installation of 50% 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 on the monthly market value.(2) The right to financial support for electricity from biomass shall also exist only,
1.
if the plant operator is provided with a copy of a feedstock diary containing information and evidence of the nature, quantity and unit and origin of the substances used shall demonstrate which biomass and to what extent storage gas or mine gas are used,
2.
where biomethane is used to generate power from cogeneration, and
3.
if liquid biomass is used in plants, for the electricity part from liquid biomass necessary for starting, ignition and support firing; liquid biomass is biomass, the biomass is used for the production of biomass. at the time of entry into the combustion or combustion chamber is liquid.
vegetable oil methyl ester is to be regarded as biomass, which is necessary for starting, igniting and supporting firing.(3) For the right to financial support for electricity from biomass in accordance with § § 44, 45 or § 46, from the first calendar year following its initial use, it shall be yearly up to the 28. To prove February of each year for the preceding calendar year:
1.
fulfilling the conditions laid down in paragraph 2, first sentence, point 2, in accordance with the recognised Rules of the technology; compliance with the recognized rules of technology is presumed if the requirements of the working group 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 Electricity generation from renewable energy sources or in the field of heat supply; instead of the first half-sentence, it may be possible to use as standard a cogeneration plant with an installed capacity of up to 2 Megawatt appropriate documentation from the manufacturer, from which the thermal and electrical power as well as the current characteristic will be produced,
2.
the current part from liquid biomass referred to in paragraph 2, first sentence, point 3, by presenting a copy of an insert diary.
The suitability of the installation for the initial use of the claim in accordance with § 19 in conjunction with § 44 or § 45 To demonstrate compliance with the conditions referred to in the first paragraph of the first subparagraph by an expert opinion of an environmental verifier with an authorisation 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 in the relevant calendar year as a whole to the value "MWEPEX" in accordance with point 2.1 of Appendix 1 to this Act, if the conditions set out in paragraph 3 are not established .(5) The right to financial support for electricity from biomass according to § 45 or § 46 may not be combined with § 44.(6) Gas removed from a natural gas network shall each be considered as landfill gas, sewage gas, mine gas, biomethane or storage gas,
1.
in so far as the amount of gas taken in the gas network is in the Heat equivalent at the end of a calendar year corresponds to the quantity of landfill gas, sewage gas, mine gas, biomethane or storage gas which has been fed into the natural gas grid elsewhere within the scope of this law, and
2.
if for the entire transport and distribution of the gas from its production or extraction, its infeed into the natural gas network and its transport in the natural gas network up to its
(7)
right to financial support for electricity from biomethane in accordance with § 44 or § 45 shall also exist if the biomethane from the natural gas network prior to its removal from the natural gas network is based on the Energy yields of the feedstocks used for biomethane production are divided into subsets in terms of feedstock. The balance sheet in terms of the balance of the materials used, including the allocation of the used feedstock to the respective subset, shall be documented in the mass balance sheet as referred to in paragraph 6 (2).(8) As far as the proof of a copy of an insert diary is to be carried out in accordance with paragraphs 2 or 3, the personal data not required for the detection of the material in the fuel diary shall be supplied by the plant operator.

Footnote

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

§ 48 Geothermal energy

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

Footnote

(+ + + § 48: For use, see Section 100 (1) (10) (b) (b) + + +) Non-official table of contents

§ 49 Wind energy on land

(1) For electricity from wind energy plants the value to be applied to the country is 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 (initial value) in the first five years from the start of operation. 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. The reference yield shall be the calculated yield of the reference plant in accordance with the provisions of Appendix 2 to this Act.(3) For installations with an installed capacity up to and including 50 kilowatts, the calculation of the duration of the initial remuneration shall be assumed to be 75% of the reference yield.

Footnote

(+ + + § 49: For use, see § 100 Section 1 (10) (b) + + +) Non-official table of contents

§ 50 Wind energy at sea

(1) For electricity generated from wind turbines at sea, the Value to be paid 3.90 cents per kilowatt hour (basic value). (2) By way of derogation from paragraph 1, the value to be applied shall be 15.40 cents per kilowatt hour (initial value) in the first twelve years from the start of the operation of the wind energy plant at sea. 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 § 5, point 36, second half-sentence, and for each of them over a depth of water of 20 metres. Full depth of water depth of 1.7 months. The depth of water must be determined on the basis of the nautical species zero.(3) If before 1. By way of derogation from paragraph 1, the value to be applied shall be the first eight years from the date on which the wind energy installation at sea has been put into service or its operational readiness has been established under the conditions laid down in Article 30 (2). Commissioning of the plant 19.40 cents per kilowatt-hour, if required by the plant operator before the installation of the plant by the network operator. 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 be applied 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 in accordance with paragraphs 2 and 3, beginning with the eighth day of the disturbance, for 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 German Energy Act, the right to be promoted in accordance with paragraphs 2 and 3 shall be shortened by the time period of the delay.(5) Paragraphs 1 to 4 shall not apply to wind turbines at sea, the construction of which shall be in accordance with the provisions of 31 December 2008. It was approved in an area of the German exclusive economic zone or the territorial sea in December 2004, pursuant to section 57 in conjunction with Section 32 (2) of the Federal Nature Protection Act or to a protected part of nature according to national law. 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 named.

footnote

(+ + + § 50: For application see Section 100 (1) (10) (b) + + +) Non-official table of contents

§ 51 Solare 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 and including an installed capacity of 10 megawatts, be 9.23 cents per year. Kilowatt-hour, taking into account the reduction or increase in accordance with § 31, if the installation
1.
in, on or on a building or other building 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.
built on a surface for which a procedure has been performed in accordance with § 38 sentence 1 of the Construction Code, or
3.
in the area of a decided development plan within the meaning of § 30 of the Building Code, and
a)
the BebauPlan before the 1. It was not amended with the aim of establishing an installation for the production of electricity from solar radiation energy,
b)
the Construction plan ahead of 1. 1. January 2010 for the area on which the installation was constructed, a commercial or industrial area within the meaning of § § 8 and 9 of the Baunutzungsverordnung (Baunutzungsverordnung), even if the fixing according to the 1. At least with the aim of establishing an installation for the generation of electricity from solar radiation energy, or
c)
the development plan according to the 1. At least also with the purpose of establishing an installation for the production of electricity from solar radiation energy, and the installation of the plant
aa)
on surfaces located along highways or rail tracks, and the facility at a distance of up to 110 meters, measured from the outer edge of the paved road, ,
bb)
is located on areas 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 an economic, commercial, residential or military use, and these areas at the time of the decision has not been legally binding as a nature reserve within the meaning of Section 23 of the Federal Nature Protection Act or as a national park within the meaning of Section 24 of the Federal Nature Protection Act (Bundesnaturschutzgesetz)
(2) For electricity produced from installations for the generation of electricity from solar radiation energy, which are installed exclusively in, on, or on a building or a noise barrier, the value to be applied shall be at the level of: Consideration of reduction or increase in accordance with § 31,
1.
up to and including an installed capacity of 10 kilowatts 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.
including an installed capacity of 10 megawatts 9.23 cents per kilowatt hour.
(3) For installations for the generation of electricity from solar radiation energy, installed exclusively in, on or on a building that is not The residential building, which was built in the outside area according to § 35 of the building code, is to apply paragraph 2 only if
1.
demonstrably before the 1. April 2012
a)
for the building of the building application or the request for consent or the construction advertisement has been refunded,
b)
in the case of a non-approval building, which must be brought to the attention of the competent authority in accordance with the rules of the building regulations, the building is required to provide the necessary (c
in the case of any other non-approval, in particular approval, indication and procedure-free installation with the construction of the building has been started
2.
the building in the spatial-functional relationship with one after the 31. The building of the permanent stable holding of animals serves as the basis for the establishment of a farm or forestry farm, or
3.
3.
competent authority;
, paragraph 1 (1) shall also be applied.(4) installations for the generation of electricity from solar radiation energy which replace installations for the generation of electricity from solar radiation energy on the basis of a technical defect, damage or theft at the same site, are by way of derogation from Article 5 (21), to the extent of the power installed prior to replacement at the same site, to the production of electricity from solar radiation energy, than to be put into service at the time at which the replacement of the power of the plant Installations have been put into operation. The right to support for the installations replaced by the sentence 1 shall not be final.

Footnote

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

Section 5
Special Rules (Flexibility)

Non-official table of contents

§ 52 Eligibility For Flexibility

(1) Asset operators are against the Network operator shall be entitled to financial support in accordance with § § 53, 54 or § 55 for the provision of installed power if the electricity generated in the installation is based on the basis of a claim for financial support according to the Renewable energy law in the version applicable to the installation is without prejudice to this claim.(2) § 19 (2) and (3), § 32 (1) and (33) shall apply accordingly.

footnote

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

§ 53 Flexibility allowance for new assets

(1) The claim to § 52 is for the provision of flexible installed power in plants for production of electricity from biogas with an installed capacity of more than 100 kilowatts of EUR 40 per kilowatt of installed power and year (flexibility surcharge). (2) A entitlement to a flexibility surcharge shall only exist if the plant operator is responsible for the in section 47 (1), the amount of electricity generated in a calendar year shall be subject to financial support pursuant to section 19 in conjunction with § 44 or § 45, and this claim shall not be 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 § 100 (1) 10 (b) (b + + +)) unofficial table of contents

§ 54 flexibility premium for existing plants

operator of plants for the generation of electricity from biogas, which is based on the 31. The term "Commissioning Term" before the 1st July 2014 In addition to a disposal of the electricity in the forms of divestment pursuant to section 20 (1) (1) and (2), a premium may be added by the network operator for the provision of an additional installed capacity for an additional benefit for a demand-oriented power generation (flexibility premium). The entitlement to 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 Appendix 3.

footnote

(+ + + § 54: For application, see: § 100 (1) No. 10 (d + + +))

Section 6
Special Rules (Tenders)

Non-official table of contents

§ 55 Call for tender for the promotion of open space assets

(1) The Federal Network Agency The financial support and its amount for electricity from open-air plants pursuant to § 19 or for the provision of installed power from open-surface systems according to § 52 in accordance with § 88 in the context of calls for tenders identifying. The Federal Network Agency shall make the calls for tenders known in accordance with the provisions of Section 88 of the Regulation.(2) A right to financial support in the event of a call for tenders shall exist if
1.
the plant operator has a eligibility entitlement under the terms of the Invitation to tender pursuant to the legal regulation pursuant to section 88 for the installation by contract or later to the installation has been assigned binding,
2.
the installation in the The scope of an agreed development plan within the meaning of Article 30 of the Civil Code, which has at least also been set up or amended for the purpose of generating electricity from solar radiation energy,
3.
from the commissioning of the plant all the electricity produced in the plant during the duration of the funding according to § 22 is fed into the grid and not itself and
4.
The further requirements of this Act, with the exception of the conditions pursuant to § 51 (1) and the conditions of the regulation in accordance with section 88.
(3) For electricity from open-air 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 electricity shall be reduced the value to be applied in accordance with section 51 (1) (2) and (3) to zero. Paragraphs 1 and 2 shall not apply to electricity from open-air installations which have been put into service before the date referred to in the first sentence.(4) The Federal Network Agency shall publish the results of the calls for tenders, including the amount of the financial support for which the contract was awarded, in accordance with Section 88 of the Law on Legal Affairs. The Federal Network Agency shall notify the network operators concerned of 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 Article 88 of the Law on Legal Affairs with.

Footnote

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

Part 4
Balancing mechanism

Section 1
Federal Compensation

Non-official table of contents

§ 56 Transfer to the transmission system operator

Network operators must be immediately informed of the forward transmission system operators:
1.
the electricity paid in accordance with section 19 (1) (2), and
2.
for the entire stream funded under § 19 (1) the right to use this electricity as a "electricity from renewable energy sources, funded under the Renewable Energy Sources Act"
unofficial table of contents

§ 57 Compensation between network operators and transmission system operators

(1) Transmission system operators shall reimburse the network operators with the financial assistance provided in accordance with section 19 or section 52, in accordance with the provisions of Part 3.(2) Transmission system operators shall reimburse network operators for 50% of the necessary costs to them through the efficient retrofitting of installations for the generation of electricity from solar radiation energy, if the network operators are based on the System stability regulation is required for retrofitting. Section 11 (5) shall apply accordingly.(3) Network operators shall be subject to 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 in accordance with Article 18 (2) and (3) of the Electricity Act. grid regulation, have been identified, and pay off to the upstream transmission system operators. Section 11, paragraph 5, point 2 shall apply accordingly.(4) The payments referred to in paragraphs 1 to 3 shall be salted. Payments shall be paid on a monthly basis to an appropriate extent.(5) In the case of a transmission system operator, a transmission system operator shall pay the network operator a higher amount than the financial support provided for in part 3, he shall reclaim the surplus amount. The request for repayment shall expire at the end of the 31 December period. December of the second calendar year following the date of feeding; the obligation of the first sentence shall be deleted 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. Non-official table of contents

§ 58 Compensation between transmission system operators

(1) Transmission system operators must
1.
store the information about the different scope and time of the amounts of electricity receiving financial support according to § 19,
2.
save the information about payments of financial support according to § 19 or § 52,
3.
the Immediately compensate for current quantities as specified in point 1,
4.
monthly deductises on a reasonable amount due to the payments referred to in point 2 and
5.
calculate the quantities of electricity in accordance with point 1 and the payments as referred to in point 2 in accordance with paragraph 2.
In the storage and settlement of payments, the following: The provisions of the first paragraph of paragraph 2, 4 and 5 shall be based on the basis of Section 57 (4) of the Saldiations.(2) The transmission system operators shall identify each year until 31 December 2013. July the amount of electricity they have taken in the previous calendar year pursuant to § 11 or § 56 and have been financially supported in accordance with § 19 or § 57 and provisionally balanced in accordance with paragraph 1, including the amount of electricity for which they have been granted the right, to identify the electricity as "electricity from renewable energy or mine gas" and the share of this quantity in the total electricity supply, the electricity supply undertakings in the area of the respective transmission system operator in the preceding The calendar year has been delivered to the last consumer.(3) Transmission system operators which have had to take off larger quantities than is equivalent to this average share shall have a right of acceptance and remuneration in respect of the other transmission system operators in accordance with § § 19 and 52, until such time as these operators also have Network operators take off a quantity of electricity that corresponds to the average value. Transmission system operators which, in relation to the total quantity of electricity supplied by electricity supply companies in the area of the respective transmission system operator in the previous calendar year, have a higher share 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 for the reimbursement of financial support or costs, until the cost burden of all transmission system operators is equal to the average. Non-official table of contents

§ 59 Marketing by the transmission system operators

The transmission system operators must themselves or jointly, according to § Point 2 of the first paragraph of paragraph 1 shall market non-discriminatory, transparent and, in compliance with the provisions of the Compensatory Mechanism regulation, non-discriminatory electricity. Non-official table of contents

§ 60 EEG transfer for electricity supply companies

(1) The transmission system operators may Electricity supply undertakings supplying electricity to the final consumer, pro rata to the electricity supplied by the electricity supply undertakings to their last consumer in each case, the costs of the expenditure required after deduction of the Demand for revenue and in accordance with the Compensatory Mechanism Regulation (EEG). It is presumably suspected that amounts of energy emitted from a balance-sheet group held by the transmission system operator to physical sampling points and for which there is no balance-of-balance reporting of an electricity supply company in accordance with § 74, the holder of the relevant accounting circuit has been supplied to the final consumer. 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 disburses.(2) objections to claims by the transmission system operators for payments pursuant to paragraph 1 shall entitle the transmission system operator to defer payment or to refuse payment only to the extent that there is a serious possibility of a manifest error. 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 claim, the transmission system operators may terminate the balance sheet contract with the electricity supply company if the payment of the arrears despite the warning and the 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, subject to the proviso that the time limit for the notification of the data shall be six weeks after the termination of the notice of termination.(3) For electricity supplied or directed to an electrical, chemical, mechanical or physical electricity storage for the purpose of intermediate storage, the transmission system operator shall not be entitled to payment of the EEG-related charge in accordance with the Paragraphs 1 or 2, if energy is taken from the power store solely for the 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 net losses as energy loss in accordance with § 10 of the Electricity Net Regulation is delivered.(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; In this case, the payment of the EEG surcharge to the amount of electricity to be paid in accordance with § 74 shall be the sole purpose of the payment of the amount of electricity to be paid for one year at the latest on 1 January 2008.

Footnote

(+ + + § 60 (2) sentence 1 and/or Section 4: To be applied, see Section 7 (4) of the AusglMechV 2015 + + +) Non-official table of contents

§ 61 EEG-Reposition for the final consumer and self-catering company

(1) Transmission system operators may require the following portions of the EEG rearrangement according to § 60 (1) for the own supply:
1.
30 percent for power, which is after the 31. July 2014 and before 1. January 2016,
2.
35 percent for electricity, which is after the 31. December 2015 and before 1. January 2017 will be consumed, and
3.
40 percent for electricity, which will be taken from the 1st of January 2017. January 2017.
The value after the first sentence increases to 100 percent of the EEG transfer when
1.
the power generation system is neither an installation according to § 5, point 1 nor a cogeneration plant, which is highly efficient within the meaning of § 53a (1) sentence 3 of the Energy Tax Act and which is a The monthly or annual utilisation rate of at least 70% in accordance with Section 53a (1), second sentence, point 2 of the Energy Taxation Act, or
2.
of the self-catering suppliers Mandatory reporting in accordance with § 74 to 31.
The transmission system operators may also, for other consumption of electricity not supplied by an electricity supply company, 100% of the EEG-related electricity supply from the latter. in accordance with § 60 (1). The provisions of this Act for Electricity Supply Companies shall apply mutatily to the final consumer, which is obliged to pay pursuant to the rates 1 to 3.(2) The claim referred to in paragraph 1 shall be waited in the case of self-catering,
1.
as far as the electricity is supplied in the secondary and Auxiliary equipment of a power generating plant for generating electricity in the technical sense is consumed (power station consumption),
2.
if the self-sufficient supply neither is directly connected directly to a network,
3.
if the self-catering company is fully supplied with electricity from renewable energy sources and for the electricity from its facility, which it does not use itself, does not claim any financial support in accordance with Part 3, or
4.
if electricity from power generation plants with a The installed capacity shall not exceed 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 generation plant for a 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 last consumer runs the power generation plant as an egg generator,
2.
as far as the Last consumer consumes the electricity itself and
3.
if the electricity is not transmitted through a network, unless the electricity is related to the spatial relationship to the Power generation plant consumed.
A inventory is any power generation plant,
1.
the the final consumer before the 1. As an egg generator in compliance with the requirements of the first sentence, August 2014,
2.
which is before the 23. 1. January 2014 according to the Federal Immission Control Act (Federal Immission Protection Act) or approved under a different provision of federal law. August 2014 for the first time in the first place. In January 2015, compliance with the requirements of sentence 1 has been used, or
3.
the one power generating system according to the numbers 1 or 2 at the same location renewed, extended or replaced, unless the installed power has been increased by more than 30 per cent by the renewal, extension or replacement.
(4) For existing installations that are already before the 1. As of September 2011, the provisions of paragraph 3 shall apply with the measure that
1.
paragraph 3 sentence 1, point 3 is not applicable and
2.
paragraph 3 sentence 2, point 3 is to be applied only if
a)
the requirements of paragraph 3, set 1, point 3, are satisfied or
b)
the entire power generation system already before the 1. In January 2011, the final consumer was the property of the last consumer who claimed the benefit under paragraph 3 and the power generation plant was built on the premises of the last consumer
(5) The transmission system operators may submit the following data to the transmission system operators as far as is necessary:
1.
from the main olderers data on egg generators and self-catering, if and as far as this is in the Electricity Tax Act or in a subject of the Electricity Tax Act 2
from the Federal Office for Economic Affairs and Export Control the data on the self-sufficieners according to § 8 (1) of the Kraft-Heat-Coupling Act (Kraft-Heat-Coupling Act) in both the applicable version and
3.
from the downstream network operators contact data of the self-catering providers as well as further data on the self-sufficienc electricity consumption of self-sufficient suppliers connected to their network.
The transmission system operators may, in accordance with the first sentence of 1 (2) and (3), automatically compare the data with the data in accordance with § 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 sentence 2.(6) Electricity for which the transmission system operators referred to in paragraph 1 may require payment of the EEG repayment must be recorded by the final consumer by calibrated measuring equipment.(7) In the calculation of the quantities of electricity produced and consumed in accordance with paragraphs 1 to 6, electricity shall be taken into account only up to the level of the aggregate self-consumption, in relation to each 15-minute interval (time-of-time). 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 remain unaffected.

footnote

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

§ 62 corrections to the night in question

(1) At the next Billing shall take account of changes in the amount of electricity to be invoied or of the financial support resulting from the following reasons:
1.
Rerequests due to § 57 (5),
2.
from a final court decision in the main proceedings,
3.
from the transmission and reconciliation of data in accordance with § 61 paragraph 5,
4.
from a Procedures carried out at the clearing house in accordance with § 81 (4) sentence 1 (1),
5.
from a decision of the Federal Network Agency according to § 85 or
6.
from a enforceable title which has not been issued until after the reckoning pursuant to § 58 (1).
(2) Electricity supply undertakings In relation to the latter consumers, deviations from the quantities of electricity on which a final settlement is based in accordance with § 74 shall be taken into account in the respective next settlement. § 75 must be applied accordingly.

Footnote

(+ + + § 62: For application, see § 70 Set 2 + + +)

Section 2
Special Countervailing System

unofficial table of contents

§ 63 Principle

At the request, the Federal Office for Economic Affairs and Export Control limits the acceptance point
1.
according to § 64 the EEG transfer for electricity consumed by power-intensive companies themselves in order to keep the contribution of these companies to the EEG recharge to an extent, which is compatible with their international competitive situation and to prevent their emigration from abroad, and
2.
in accordance with § 65 the EEG transfer for electricity, which is consumed by the railways themselves, in order to maintain the intermodal competitiveness of the railways,
in so far as the objectives of the law are not jeopardised in each case and the limitation with the interest of the whole of the railways

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. (7) sentence 3 + + +) Non-official table of contents

§ 64 Electricity cost intensive enterprise

(1) For a company that is an industry acc. to Appendix 4 , the limit shall only be limited to the extent that it proves that and to what extent
1.
in the last financial year ended in accordance with § 60 (1) or § 61 the amount of electricity to be paid and consumed by itself at a point of acceptance at which the company is to be assigned to an industry in accordance with Appendix 4 is more than 1 gigawatt-hour,
2.
the power intensity
a)
at a company that is an industry in list 1 of Appendix 4 is at least the following value:
aa)
16 percent for the limit in calendar year 2015 and
bb)
17 percent limit for calendar year 2016
b)
at a company that has a The industry according to list 2 of Appendix 4 is to be assigned at least 20 percent
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 completed financial year, an alternative system for improving energy efficiency according to § 3 of the Top-of-the-line efficiency system regulation in the version currently in force at the time of the end of the last financial year closed.
(2) The EEG transfer is carried out at the acceptance points at which the company of an industry is Appendix 4 is limited to the power consumed by the enterprise in the limit period itself, as follows:
1.
The EEG transfer will be for the power supply up to and including 1 gigawatt hour (deductitions). This deductity must be paid first in the year of limitation.
2.
The EEG transfer is for the power supply over 1 gigawatt hour to 15 percent of the total amount according to § 60 paragraph 1
3.
The amount of the EEG transfer to be paid in accordance with point 2 shall be the sum of all the limited acceptance points of the enterprise to the maximum of the total amount of the EEG- the following share of the gross value added obtained by the enterprise in the arithmetic mean of the last three completed financial years:
a)
0.5% gross value added, provided that the company's electricity cost intensity is at least 20 per cent, or
b)
4.0% of gross value added, provided that the The company's electricity cost intensity is less than 20%
4.
The limitation according to points 2 and 3 only takes place so far that the limits of the The following value does not fall below the following value:
a)
0.05 cents per kilowatt hour of acceptance points, to be paid to companies to pay for the electricity share over 1 gigawatt hour: 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 of other (
)
fulfilment of the conditions referred to in paragraph 1 and of the gross value added which must be used in accordance with point 3 of paragraph 2 for the decision to limit the limitation period (limiting basis) shall be shown as follows:
1.
for the conditions referred to in paragraph 1 (1) and (2), and the limitation basis referred to in paragraph 2 by
a)
the power supply contracts and the power bills for the last financial year completed,
b)
the specification of the last three years of business years completed by an electricity supply company, or generated and consumed by itself, and
c)
a certificate issued by an auditor, an accounting firm, a sworn accountant or a certified auditor, or a certified auditor, or a certified auditor, or a certified public accountant or a certified Accounting firm based on the audited financial statements in accordance with the requirements of the Commercial Code for the last three years of business completed; the certificate must contain the following information:
aa)
Company's operational and operational information,
bb)
Data on the current quantities of the undertaking supplied by, or generated by, electricity supply undertakings, including the indication at which level the EEG repayment would have to be paid, without limitation, for those quantities, and
cc)
all components of the gross value added;
are to be certified according to § 319 (2) to (4), § 319b (1), § 320 (2) and § 323 of the In the certificate, it must be stated that the data contained in it are, with sufficient certainty, free from material misinformation and deviations; in the case of the examination of the gross value added, a 5% sufficient,
d)
proof of the classification of the enterprise by the statistical offices of the countries in application of the Classification of economic activities of the Federal Statistical Office, edition 20083 , and the agreement of the company that the Federal Office for Economic Affairs and Export control by the statistical offices of the Member States may allow the classification of the company registered with them and its premises
2.
for the requirements of paragraph 1, point 3, by a valid DIN EN ISO 50001 certificate, a valid entry or renewal notice from the EMAS registration office the registration in the EMAS register or a valid proof of the operation of an alternative system for improving energy efficiency; § 4 (1) to (3) of the Peak Compensation Efficiency System Regulation, in each case at the time of the end of the '
(4) shall apply accordingly.(4) shall be subject to the provisions of this Regulation. By way of derogation from paragraph 3, point 1 in the first year after the new establishment, by way of derogation from paragraph 3, point 1 may transmit data on a financial year of the financial year; in the second year after the new establishment, data for the first financial year ended; and in the third year after the new establishment, data for the first and second 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 presumed to be irrefutable that the date of the re-establishment is the point in time when electricity is used for the first time for production purposes.(5) Paragraphs 1 to 4 shall apply mutatily to the self-employed parts of a company which is to be assigned to an industry in accordance with list 1 of Appendix 4. 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 as set out in 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,
1.
"acceptance point" shall be 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 connected to the network through one or more sampling points; it must have its own electricity meters at all points of extraction; and self-supply systems,
2.
"gross value added", the enterprise's gross value added at factor cost according to the definition of the Federal Statistical Office, Fachserie 4, row 4.3, Wiesbaden 20074 , without deduction of personnel costs for temporary employment relationships; the resulting limitation decisions Effects are disregarded in the calculation of gross value added, and
3.
"electricity cost intensity" the ratio of the relevant electricity costs, including the Current cost of self-consumed amounts of electricity consumed in accordance with § 61 to the arithmetic mean of gross value added in the last three completed financial years of the enterprise, the relevant electricity costs being calculated by: the multiplication of the arithmetic mean of the company's electricity consumption in the last three years of business completed or the standardised electricity consumption, which shall be determined in accordance with a regulation in accordance with Article 94 (1) of this Regulation, with the average price of electricity for undertakings with similar current consumptions to be used in accordance with the provisions of Article 94 (2) of the Regulation; the effects of previous limitation decisions shall remain in calculating the power cost intensity.
(7) The time of the end of the last completed fiscal year is relevant to the assignment of an enterprise to the industries according to Appendix 4.
3
Official Note: To refer to the Federal Statistical Office, Gustav-Stresemann-Ring 11, 65189 Wiesbaden; also to obtain via www.destatis.de.
4
Official Note: To refer to the Federal Statistical Office, Gustav-Stresemann-Ring 11, 65189 Wiesbaden; also to refer to www.destatis.de.

Footnote

(+ + +) Section 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. (7) sentence 3 + + +)
(+ + + § 64 para. 1 no. 3: For application see Section 103 (1) No. 1 + + +)
(+ + + § 64 para. 2 and 3 No 1: For use, see 1 no. 2 and 2 No. 1 + + +)
(+ + + § 64 para. 3 No. 1 Buchst. a to c u. Section 4: To be applied, see § 65 (3) sentence 2 F. 21.7.2014 + + +)
(+ + + § 64 para. 3 no. 1 (a) to (c): For application, see Section 65 (6) F. from 22.12.2014 + + +)
(+ + + § 64 para. 4: For application see Section 65 (5) S 1 F. as of 22.12.2014 + + +)
(+ + + Section 64 (3) (1) (1) (1) c: For use, see Section 66 (1) sentence 2 + + +)
(+ + + § 64 para. 4 sentence 1 to 4: For application see Section 67 (1) sentence 2 + + +)
(+ + + § 64 para. 6 No. 1 last half-sentence: For application see Section 103 (1) No. 3 + + +)
(+ + + § 6 N ° 3: For the application, see Section 103 (1) (4) and 2 (2) (2) + + +) Non-official table of contents

§ 65 Rail railways

(1) In the case of a rail track, the EEG transfer is limited only if it is Points out that, and to what extent in the last financial year ended, the quantity of electricity consumed at the point of acceptance in question was used directly for the operation of rail transport and, to the exclusion of the back-fed, Energy was at least 2 gigawatt hours.(2) For a railway track, the EEG transfer for the total amount of electricity used by the company directly for the operation of the rail rail transport itself shall be subject to the exclusion of the fed-back energy at the relevant take-off point to 20. % of the EEG-transfer determined in accordance with § 60 (1).By way of derogation from paragraph 1, rail railways, if and in so far as they have participated or are to participate in a contract award procedure for rail passenger transport services, may, in the calendar year prior to the commensuration of the driving operation, be able to: forecasted electricity consumption quantities for the calendar year in which the driving operation will be recorded, based on the specifications of the award procedure; the limit referred to in paragraph 2 shall only be made for the rail track which is used in the Award procedure has been awarded. The rail track which has been awarded the contract can prove
1.
in the calendar year of the commencing of the driving operation the forecast electricity consumption quantities for the the following calendar year on the basis of the requirements of the award procedure and
2.
in the first calendar year after the start of the driving operation, the sum of the actual Current consumption quantities for the current calendar year and the forecast current consumption quantities for the remaining calendar year; the forecast must be based on the requirements of the procurement procedure and the actual actual consumption of electricity.
(4) By way of derogation from paragraph 1, rail tracks, which for the first time will provide rail passenger rail services or rail freight services, can demonstrate
1.
in the calendar year prior to the start of driving, the forecast power consumption for the calendar year in which the driving operation will be recorded
2.
in the calendar year of recording the driving operation, the forecast power consumption for the following calendar year and
3.
in the first calendar year after recording the driving operation, the sum of the actual current consumption quantities for the current calendar year and the forecast Power consumption quantities for the remaining calendar year.
The limitation decision is subject to the verification of the final inspection. 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 completed calendar year.(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) shall apply accordingly.(7) For the purposes of this paragraph,
1.
"Accepting point" shall be the sum of the points of consumption for the operation of the Company's rail-rail traffic and
2.
"intake of driving" the first-time consumption of electricity for driving purposes.

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 + + +) Non-official table of contents

§ 66 Application and decision-making effect

(1) The application pursuant to § 63 in conjunction with § 64 including the certificates referred to in Article 64 (3) (1) (c) and (2), respectively, shall be 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 § 64 (3) (1) (c). The other documents referred to in § § 64 or 65 shall be accompanied by an application pursuant to sentences 1 and 2.(2) Starting 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. The Federal Office for Economic Affairs and Export Control is authorized to lay down binding exemptions from the obligation to submit an electronic application as set out in the first sentence of the first sentence of the German Federal Gazette.(3) By way of derogation from the first sentence of paragraph 1, applications from newly established companies may be made pursuant to section 64 (4) and applications of railway railways pursuant to § 65 (3) to (5) to (5) to 30. The following calendar year shall be issued in September of one year.(4) The decision shall be taken with effect from the applicant, the electricity supply undertaking and the transmission system operator responsible. It shall apply in each case for the calendar year following the application year.(5) The claim of the transmission system operator responsible at the relevant acceptance point for payment of the EEG transfer to the relevant electricity supply undertakings shall be made in accordance with the decision of the Federal Office for Economy and export control limited. 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 company and the Federal Office for Economic Affairs and Export Control shall communicate without delay.

footnote

(+ + + § 66: For application, see Section 100 (1) (10) (b), Section 103 (1), introductory sentence, 1 No. 6, para. 2 entry sentence, para. 2 No. 3, para. 3 sentence 2, para. 4 sentence 2 and Paragraph 5 Input sentence and Section 103 (7) sentence 3 + + +)
(+ + + § 66 para. 5 sentence 2: For application see § 3 (1) sentence 3 AusglMechV 2015 + + +) Non-official table of contents

§ 67 Conversion of enterprises

(1) In the last three completed financial years, the applicant company has been transformed before the application or in the period thereafter until the end of the material exclusion period. the applicant company may only resort to the data of the undertaking prior to its conversion for the purpose of proving the eligibility requirements if the economic and organisational unit of that undertaking after the conversion has been almost completely preserved in the applicant company. Otherwise, Article 64 (4) sentences 1 to 4 shall apply accordingly.(2) If the applicant or beneficiary is converted, it shall immediately notify the Federal Office for Economic Affairs and Export Control in writing.(3) If the conversion of a beneficiary company takes place almost entirely on another company, the economic and organizational unit of the company shall be transferred, at the request of the other company, to the Federal Office for Economic Affairs and Export control 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 § 60 (1) begins with the effect of the conversion.(4) Paragraphs 1 and 3 shall apply mutagenicly to self-employed parts of the enterprise 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. (7) sentence 3 + + +) unofficial table of contents

§ 68 withdrawal of the decision, information, right of access

(1) The decision pursuant to § 63 shall be Effect also to be withdrawn for the past, if it becomes known that the conditions under § § 64 or 65 do not apply when they are granted.(2) In order to verify the legal requirements, the staff of the Federal Office for Economic Affairs and Export Control and the officials of the Federal Office shall be empowered to carry out the examination of the natural persons acting for the beneficiaries. To request information, to inspect and verify, within the usual business hours, the business documents and the premises and premises of the beneficiaries during the normal business hours. enter. The natural persons acting on the beneficiaries must provide the information requested and submit the documents for inspection. In order to provide information, the information on such questions may be refused, the answers to which they themselves or in § 383 (1) (1) to (3) of the Code of Civil Procedure of the Civil Procedure Code (Civil Procedure Code) of the risk of criminal prosecution or of proceedings under 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. (7) sentence 3 + + +) Non-official table of contents

§ 69 obligation to provide information and information

Companies and railways which make a decision pursuant to § 63 The Federal Ministry of Economics and Energy, the Federal Office for Economic Affairs and Export Control, or their representatives must participate in the evaluation and continuation of § § 63 to 68. They must be given on request:
1.
Information about all electricity consumed by them, including those not covered by the limiting 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 an alternative energy efficiency improvement system,
3.
Information about all the components of the company's electricity costs, as far as this is used to calculate average electricity prices for companies with similar power consumption , and
4.
further information required to evaluate and update § § 63 to 68.
The Federal Office for Economic Affairs and Export control may be more detailed in the way in which the information is 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
Part-time and publication obligations

Non-official table of contents

§ 70 Principle

Plant operators, network operators and electricity supply companies must meet each other for the Nationwide compensation in accordance with § § 56 to 62 in each case required data, in particular the data referred to in § § 71 to 74, immediately available. § 62 shall apply accordingly. Non-official table of contents

§ 71 Asset Operators

Asset operators must
1.
up to the 28. Provide all the data necessary for the final settlement of the previous year and
2.
for biomass plants according to § § 44 to 46 the type and quantity of data required for the final settlement of the previous year. of the starting materials as well as information on heat protection and used technologies according to § 45 (2) or § 47 (2) sentence 1 (2) or in the proportion of the manure used in accordance with § 46 point 3 in the manner prescribed for the detection procedure in accordance with § 47 .

Footnote

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

§ 72 Network operators

(1) Network operators which are not transmission system operators shall be required to provide their upstream transmission system operator
1.
with the following information: , immediately after they are available, summarised:
a)
the actual financial support for electricity from renewable energy sources and from renewable energy sources. Grub gas or for the provision of installed power in accordance with the funding provisions of the Renewable Energy Sources Act in the version to be applied for the respective installation,
b)
the notifications received by the asset operators in accordance with Section 21 (1), each separately for the various divestment forms according to § 20 (1),
c)
when switching to the divestment form in accordance with § 20 (1) (4) in addition to the information referred to in point (b), the energy source from which the electricity is generated in the respective plant, which the installed capacity of the installation and the duration since the installation in question already uses this form of disposal,
d)
the cost of retrofitting in accordance with § 57 paragraph 2 in connection with the system stability regulation, the number of retrofitted plants and the information they receive according to § 71 as well as
e)
the other for the nationwide compensation required
2.
up to the 31. May one year by means of form templates available to the transmission system operator on its website, in electronic form, the final invoice for the previous year, both for each individual installation and in summary form; § 32 Paragraphs 3 and 4 shall apply accordingly; up to 31. In May of a year, the upstream transmission system operator shall be required to provide proof of the costs to be incurred in accordance with the first sentence of Article 57 (2); subsequent changes to the approaches shall be notified without delay to the transmission system operator and shall be communicated to the transmission system operator.
(2) In order to determine the amounts of energy to be equated and the payment of financial support referred to in paragraph 1, in particular,
1.
specifying the level of voltage to which the asset is attached
2.
the height of the landlords Network charges in accordance with § 57 (3),
3.
indication of the extent to which the network operator has decreased the amount of energy from a downstream network, and
4.
the indication of the extent to which the network operator surrendered the amount of energy referred to in point 3 to the final consumer, the network operator or the electricity supply company, or consumed it itself .

Footnote

(+ + + § 72: For application see Section 73 (1) + + +)
(+ + + § 72 para. 1 no. 2: For application see § § 9 para. 4 No. 3 AusglMechV 2015 + + +)
(+ + + § 72 para. 2: For application see § 73 para. 2 sentence 2 + + +) Non-official table of contents

§ 73 Transmission System Operator

(1) For transmission system operators, § 72 should be applied accordingly, with the proviso that the Information and final settlement in accordance with § 72 (1) for installations which are directly or indirectly connected to their network pursuant to § 11 (2), without prejudice to § 77 (4), must be published on their website.(2) Transmission system operators shall also have to supply the electricity supply undertaking for which they are responsible until 31 December 2008. The final settlement for the EEG last year was presented in July of one year. Section 72 (2) shall apply accordingly.(3) Transmission system operators shall continue to have to supply the data for the calculation of the market premium in accordance with Annex 1 (3) to this Act in non-personal form and the actual annual average value of the market value for electricity from solar power Radiation energy ("MWSolar (a)") .(4) Transmission system operators who make use of their right in accordance with 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. Non-official table of contents

§ 74 Electricity utility companies

Electricity utilities must be responsible for their rules Transmission system operator shall immediately communicate the quantity of energy supplied to the last consumer electronically and by 31. The final statement for the previous year is to be presented in May. 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 immediately, but no later than 1. January 2016, nationwide uniform procedures for the fully automated electronic transmission of the data according to sentence 2 available, which meet the requirements of the Federal Data Protection Act.

footnote

(+ + + § 74: For application see Section 60 (2) and Section 76 (1) + + +) Non-official table of contents

§ 75 Testication

The combined final accounts of the network operators pursuant to § 72 (1) (2) shall be audited by an auditor, an accounting firm, a sworn accountant or a book audit firm. 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-in auditor, or a The audit firm will be examined. Consider the following:
1.
the highest-ranking case-law,
2.
Decisions of the Federal Network Agency in accordance with § 85 and
3.
the decisions of the clearing house pursuant to § 81 (4) sentence 1 (1) or (5).
For the examinations In accordance with sentences 1 and 2, § 319 (2) to (4), § 319b (1), § 320 (2) and § 323 of the Commercial Code are to be applied accordingly.

footnote

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

§ 76 Information of the Federal Network

(Bundesnetzagentur) (1) Network operators must provide the information they require in accordance with § 71 of the German Federal Network Agency. shall be received by the plant operators, the information referred to in Article 72 (2) (1) and the final accounts in accordance with Article 72 (1) (2) and Article 73 (2), including the data required for their verification, on the expiry of the respective time limits of the The Federal Network Agency in electronic form; 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 Bundesnetzagentur provides form templates, network operators, electricity supply companies and plant operators must 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. Non-official table of contents

§ 77 Information to the public

(1) Network operators and electricity supply companies shall be required to: Publish web pages:
1.
immediately after transmission and
2.
a report on the determination of the data communicated by them in accordance with § § 70 to 74 immediately after the 30. September of one year.
You must keep the information and the report at the end of the following year. Section 73 (1) shall remain unaffected.(2) Transmission system operators shall, in accordance with Article 57 (1), receive financial support and the information referred to in Article 72 (1) (1) (c) in accordance with the Compensatory Mechanism Regulation on a common Publish the website in a non-personal form.(3) The information and the report must enable a knowledgeable third person to be able to fully understand the financial support and the amount of energy delivered without further information.(4) Information published on the Internet pursuant to § 93 of the Legal Regulation shall not be disclosed by the network operators.

Section 2
Electricity marking and Double Marketing Prohibition

Unofficial Table Of Contents

§ 78 Electricity Labeling 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 referred 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 percentage referred to in paragraph 1 in relation to their final consumers is calculated as a percentage by the fact that the EEG situation which the electricity supply company actually represents for the quantity of electricity supplied to its last consumer in one year ,
1.
is multiplied by the EEG quotient of paragraph 3,
2.
then divided by the total amount of electricity delivered to its last consumer this year, and
3.
then multiplied by hundreds.
The percentage shown in paragraph 1 is a direct component of the supplied amount of electricity and cannot be separated or continue to be marketed.(3) The EEG quotient is the ratio of the sum of the amount of electricity for which a financial support has been claimed in accordance with section 19 in the previous calendar year to the total revenue received from the transmission system operators from the EEG-transfer to the final consumer of the electricity supplied by the electricity supply companies during the previous calendar year. Transmission system operators shall publish on a common Internet platform, in a uniform format, up to the year 31. The EEG quotient in non-personal form for the previous calendar year.(4) The shares of the energy carrier to be supplied pursuant to section 42 (1) (1) and (3) of the Energy Economic Law are, with the exception of the share for "Electricity from renewable energy sources, funded under the Renewable Energy Sources Act", as proportionate in respect of the final consumer, to reduce the percentage to be shown in accordance with paragraph 1.(5) Electricity supply undertakings shall, in addition to the total energy mix, assign to the latter consumers, whose obligation to pay the EEG surcharge is limited in accordance with § § 63 to 68, a separate one, to be calculated in accordance with the provisions of sentences 3 and 4 "Energy mix for companies privileged under the Renewable Energies 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, funded under the Renewable Energy Sources Act" is calculated by way of derogation from paragraph 2, by the fact that the electricity supply company is actually responsible for the costs of the electricity supply undertaking in one year at the relevant Quantity of electricity supplied to last consumer,
1.
with the EEG quotient referred to in paragraph 3
2.
is then divided by the total amount of electricity supplied to the respective last consumer, and
3.
then multiply multiplied by hundreds.
The shares of the other energy carriers to be used in accordance with Section 42 (1) (1) of the Energy Economic Law are accordingly as a proportion of the final consumer in order to reduce the percentage calculated in accordance with the rate of sentence 3.(6) In the case of self-catering providers who are required to pay the EEG repayment in accordance with Article 61, paragraphs 1 to 5 shall be applied in accordance with the proviso that their own electricity shall be proportional to "electricity from renewable energy sources, funded under the Renewable Energy Sources Act". shall be considered. Non-official table of contents

§ 79 Proofs of origin

(1) The competent authority shall provide plant operators with certificates of origin for electricity from renewable sources Energy which is 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, at the request of the competent authority, recognise foreign proofs of origin for electricity from renewable energy sources in accordance with the Certificate of Origin Regulation. The first sentence shall apply only to proofs of origin which are at least the same as those laid down in Article 15 (6) and (9) of Directive 2009 /28/EC of the European Parliament and of the Council of 23. The European Parliament and the Council of 27 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001 /77/EC and 2003 /30/EC (OJ L 136, 31.5.2001, 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 Section 20 (1) (2) in any other manner.(3) The competent authority shall establish an electronic database in which the issuing, recognition, transfer and devaluation of proofs of origin are registered. (4) Competent authority within the meaning of paragraphs 1 to 3 is the Federal Environment Agency.(5) Proof of origin shall not be financial instruments within the meaning of Section 1 (11) of the Banking Act or Section 2 (2b) of the Securities Trading Act. unofficial table of contents

§ 80 double marketing ban

(1) Electricity from renewable energy sources and from mine gas as well as into a gas grid Landfill or sewage gas and gas from biomass may not be sold on several occasions, may be left to another person or sold to a third person, contrary to § 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 pursuant to Article 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, marketing as regular energy is not to be regarded as a multiple sale or other type of transfer of electricity.(2) Plant operators who are eligible for financial support under § 19 for electricity from renewable energy sources or mine gas shall not be entitled to proofs of origin or any other evidence proving the origin of the electricity for this 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 generated as part of a joint project implementation according to the project-mechanisms law for the emission reductions of the installation, the claim under § 19 may be used for the electricity generated from the relevant installation. not asserted.

Part 6
Legal protection and administrative procedure

Non-official Table of contents

§ 81 Clearing House

(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 of private law.(2) The clearing house is responsible for questions and disputes
1.
for the application of § § 5, 7 to 55, 70, 71, 80, 100 and 101 as well as the law on the basis of this law. ,
2.
on the application of the provisions relating to the provisions referred to in paragraph 1 above, in one of the provisions of the first subparagraph of Article 1 (2) of the Treaty.
3.
for the application of § 61, to the extent that assets are affected, and
4.
to measure the power supplied or consumed for the operation of an asset.
(3) The tasks of the clearing house are:
1.
the avoidance of disputes and
2.
the settlement of disputes.
These tasks must comply with 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 in accordance with § 85. In addition, the principles of Directive 2013 /11/EU of the European Parliament and of the Council of 21 May 2013 on the alternative resolution of consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009 /22/EC (OJ L 145, 31.5.2009, p. 63) are to be taken into account in appropriate applications.(4) The clearing house may, in order to avoid or resolve disputes between the parties to the proceedings
1.
Procedure between the parties to the proceedings on their joint Application; § 204 (1) point 11 of the Civil Code shall be applied accordingly; the proceedings may also be carried out as arbitration proceedings in the sense of the Tenth Book of Civil Procedure Code, if the parties have reached an arbitration agreement, or
2.
Opinions for ordinary courts in which these disputes are legal, at the request of which
Process parties may be plant operators, direct marketing operators and network operators. Your right to call 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 a plant operator, a direct marketing operator, a network operator or a federation. , and a public interest in clarifying these issues. Associations whose statutory responsibilities are affected by the question shall be involved.(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. 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 carry out the tasks referred to in paragraphs 3 to 5 as a matter of priority and expeditiation. It can set deadlines and adjust procedures with insufficient participation of the parties to the proceedings.(8) The performance of the tasks referred to in paragraphs 3 to 5 shall not be a legal service within the meaning of Section 2 (1) of the Legal Services Act. Any liability of the operator of the clearing house for property damage arising out of the performance of the tasks shall be excluded; this shall not apply to any purpose.(9) Each year the clearing house shall publish an annual activity report on the performance of the tasks referred to in paragraphs 3 to 5 on its website in a non-personal form.(10) The clearing house may, in accordance with its Rules of Procedure, charge fees to cover the cost of acts referred to in paragraph 4 from the parties to the proceedings. Procedures referred to in paragraph 5 shall be carried out free of charge For other acts related to the tasks referred to in paragraphs 3 to 5, the clearing house may collect charges to cover the charges. Non-official table of contents

§ 82 Consumer protection

§ § 8 to 14 of the law against unfair competition applies to infringements of § § 19 up to 55 accordingly. Non-official table of contents

§ 83 Invocation of legal protection

(1) At the request of the plant operator, the court responsible for the main case may before the establishment of the system, having regard to the circumstances of the individual case, by means of a preliminary incontestation, that the debtor shall provide information on the claims referred to in § § 8, 11, 12, 19 and 52 of the appellant, to provisionally adjoin the installation, Optimise, strengthen or expand its network without delay, remove the electricity, and must pay for financial support as an amount to be considered cheap and equitable.(2) The inversion may be issued, even if the conditions laid down in § § 935 and 940 of the Code of Civil Procedure do not exist. Non-official table of contents

§ 84 Use of seawater roads

As long as plant operators take advantage of financial support in accordance with section 19, they use the German exclusive economic zone or the territorial sea free of charge for the operation of the plants. Non-official table of contents

§ 85 Tasks of the Federal Network Agency

(1) The Federal Network Agency shall have, subject to further tasks to be carried out by the Federal Network Agency, the Legal ordinances are transferred under this Act, the task of monitoring that
1.
the network operators only regulate assets according to § 14, for which they are regulated
2.
the transmission system operators according to § § 19 and 57 financially supported electricity according to § 59 in conjunction with the compensatory mechanism regulation market, correctly identify, establish, publish and calculate the EEG-related situation, and in particular the transmission system operators shall be charged only with financial support in accordance with § § 19 to 55 and in this case the salesings have been taken into account in accordance with § 57 (4),
3.
the data according to § 76 are transmitted and published in accordance with § 77,
4.
the labelling of the electricity delivered under this law only takes place in accordance with § 78.
(2) For the performance of the tasks referred to in paragraph 1, point 2, if justified, Suspicion among plant operators, electricity supply companies and network operators are to be carried out. The right of system operators or network operators to call the ordinary courts or to initiate proceedings before the clearing house pursuant to Section 81 (4) shall remain unaffected.(3) The Bundesnetzagentur (Federal Network Agency) may, taking into account the purpose and objective of § 1 of the German Energy Law (Energiewirtschaftsgesetz), make a decision in accordance with Article 29 (1) of the German Energy Act
1.
to technical equipment in accordance with § 9 (1) and (2), in particular with regard to data formats,
2.
within the scope of § 14 thereof,
a)
in which order the different plants and cogeneration plants affected by a measure according to § 14 are regulated,
b)
according to which criteria the network operator must decide on this order,
c)
which In order to ensure the security and reliability of the electricity supply system, power generation plants pursuant to Article 14 (1), first sentence, point 2 shall also remain on the grid in order to ensure the safety and reliability of the electricity supply system
style="font-weight:normal; font-style:normal; text-decoration:none;"> to handle changes according to § 21, in particular to procedures, deadlines, and data formats,
4.
Proof of remote control according to § 36, in particular on procedures, time limits and data formats, and
5.
for the consideration of electricity from solar radiation energy, the , in the case of the publication obligations in accordance with § 73 and in the calculation of the monthly market value of electricity from solar radiation energy according to Appendix 1, point 2.2.4 to this Act, in particular for the calculation or estimation of the Amounts of electricity.
(4) The provisions of Part 8 of the Energy Economic Law, with the exception of § 69, are for the performance of the tasks of the Federal Network Agency under this Act and the legal regulations issued pursuant to this Act. The second sentence of paragraph 1 and paragraph 10, Articles 91, 92 and 95 to 101 and Section 6 shall apply 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. Non-official table of contents

§ 86 Penal rules

(1) Contrary to law, who intentionally or negligently
1.
contrary to § 80, paragraph 1, set 1 electricity or gas sold, transferred or sold,
2.
a fully-drawable 3
a fully-enforceable order pursuant to § 85 (4) in conjunction with § 65 (1) or (2) or § 69 (7) sentence 1 or Paragraph 8, first sentence, of the Energy Economic Law, or
4.
of a legal regulation
a)
according to § 90 number 3,
b)
according to § 92 number 1,
c)
according to § 92 number 3 or number 4,
d)
according to § 93 number 1, 4 or number 9
or a (2) In the cases referred to in paragraph 1, the administrative offence may be contrary to the provisions of this Regulation.
(2) Point 4 (a), (c) and (d) shall be punishable by a fine of up to EUR 50 000 and, in other cases, with a fine of up to two hundred thousand euro.(3) The administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences is
1.
the Bundesnetzagentur in the cases referred to in paragraph 1 (1), (3) or (3). Point 4 (d),
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).
href="index.html#BJNR106610014BJNE008800000"> unofficial table of contents

§ 87 Fees and charges

(1) For official acts in accordance with this law and the legal regulations based on this law, as well as for the use of the The register of guarantees of origin and the register of installations shall be charged with fees and expenses, taking into account the administrative burden incurred in each case by the specialised supervisory authority. The Administrative Costing Act of 23 December 2008 is applicable in respect of the fee collection for official acts in accordance with the first sentence. June 1970 (BGBl. I p. 821) in the The amended version will be applied in August 2013. The provisions of Sections 2 and 3 of the Administrative Costing Act (Administrative Costing Act) in the 14-year-old-year-old-law register are used for the use of the register of origin The Commission shall apply in accordance with the provisions of August 2013(2) The chargeable facts and rates are to 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 Biomass power sustainability ordinance empowered.

Part 7
Regulation authorisations, reports, transitional provisions

Section 1
Regulation authorisations

Non-official table of contents

§ 88 Regulation authorization to tender for funding for The

Government is authorized to provide, by means of a regulation without the consent of the Bundesrat, within the scope of § 55 regulations
1.
about procedures and content of calls for tenders, in particular
a)
for the whole calendar year to be installed in Megawatt or electrical work in megawatt hours,
b)
to apportion the annual amount of tenders in subsets and on the determination of minimum and maximum sizes of partial persons,
c)
for the determination of minimum and maximum amounts for the financial support for electrical work or for the provision of installed power,
d)
to the pricing, the number of bidding rounds, and the expiration of the alerts,
e)
by way of derogation from § 51 or § 55, paragraph 2, point 2, areas where assets can be built
2.
to further meet the requirements of § 55, paragraph 2, point 4, in particular
a)
to limit the asset size and, by way of derogation from § 32 (1) and (2), the summary of annexes,
b)
To make requirements for the network or system integration of the plants
c)
deviating from § § 19 to 39 and 55 paragraph 2 number 2
3.
about the requests to participate in the alerts, in particular
a)
Minimum Requirements the suitability of the participants,
b)
to make demands on the planning and approval level of the projects,
c)
Requirements on the nature, form and content of collateral to be provided by all participants in calls for tenders or only in the case of the award of the award, in order to: ensure the installation and operation of the plant, and the corresponding arrangements for the partial or total repayment of such collateral,
d)
to specify how participants must demonstrate compliance with the requests for letters a to c
4.
about the nature, shape and content of the award award in the context of an invitation to tender and the criteria for the award,
5.
about the nature, form, and content of the financial support awarded by a surcharge, in particular, that
a)
the 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 by way of derogation from the provisions in § § 19 to 39,
b)
a grant granted by a surcharge independent of any legal protection procedures of third parties against the tendering procedure or the award of the award shall remain,
6.
at a rate of application for the production of non-inflicted Bid,
7.
on requirements designed to ensure the operation of the plants, in particular if 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 a duty to make a payment and to ensure that the amount and conditions for payment of the payment are to be met rules,
b)
Criteria for excluding bidders in future calls for tenders, and
c)
the possibility to withdraw or amend the grant rights granted in the context of the calls for tenders after a certain period of time has expired and then to award them again, or to change the duration or amount of the entitlement after a specified period of time
8.
on the nature, form and content of the publications of the Notice of calls for tenders, the results of the call for tenders and the necessary communications to the network operators,
9.
on the transferability of eligibility for funding before the installation and its binding assignment to an installation, in particular
a)
, to the deadline and formal requirements to be observed, and Contributor (s),
b)
to the authorized person and the requests to be made to them
10.
about the information to be transmitted in accordance with points 1 to 9 and the protection of the personal data transmitted in this context.
(2) The Federal Government will Authorized, by means of law, without the consent of the Bundesrat, within the scope of § 55 and by way of derogation from the scope of this Act for electricity from open-air installations located in another Member State of the European Union for the implementation of Article 2 (6)
1.
to rule that there is a right to financial support under this Act, if
a)
the asset manager has a eligibility grant that has been awarded under an invitation to tender,
b)
from commissioning the entire power generated during the delivery period in the asset is not consumed by itself,
c)
ensuring 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 impact,
d)
with the Member State of the European Union in which the plant is to be built, an international law the contract or a corresponding 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 concluded 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 an appropriate Cost and benefit distribution between Germany and the other Member State takes into account,
e)
the other requirements under this Act or the The legal regulation referred to in paragraph 1, with the exception of the conditions set out in Article 51 (1), has been complied with if no deviating provisions have been made in the legal decree on the basis of points 2 to 5
2.
to meet the appropriate rules referred to in paragraph 1, number 1 to 10, in particular
a)
by way of derogation from the § § 19, 34, 35 (3), § § 37 to 39 of the requirement of actual feeding into the network in the federal territory of regulations to ensure that even without a feed into this network the delivered amount of electricity one with the feed in the federal territory has a comparable actual effect on the German electricity grid or on the German electricity market, as well as the requirements and the procedure for the detection,
b)
Regulations to the affected claimant who is obliged to pay the financial support, the reimbursement of the corresponding costs and the requirements of the claim for financial support by way of derogation from § § 19, 23 to 26,
c)
Regulations on the extent of the financial support and on the pro rata financial support of the electricity produced by this Act and by the other Member State of the European Union
3.
of § 6 (2), § 55 (4), of the § § 70 Up to 72 and 75 to 77 as well as of the legal regulation pursuant to § 93 to take other regulations on participation and publication obligations,
4.
of the § § 8 to 18 to apply different systems for network and system integration,
5.
Regulations provide for the way in which the systems are used in the calculation of the target corridor in accordance with § 31 (1) of the ,
6.
Regulations deviating from § § 56 to 61 on the costs of expenses and the nationwide compensation of the costs of financial support of the annexes,
7.
Regulations deviating from § 81 to avoid or settle 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 law treaty or the administrative agreement referred to in paragraph 2 (1) (d), the Federal Government shall be empowered to comply with the provisions of the law without the consent of the Federal Network Agency. Federal Council for plant operators of open-air installations, which have been established in the Federal Republic of Germany and have a right to financial support in a funding scheme of another Member State of the European Union,
1.
deviating from § § 19 to 55, the amount of the financial support or the omission of entitlement to financial support under this law to be regulated if a promotional claim is made out of in another Member State,
2.
by way of derogation from § 15, to regulate the compensation.
(4) The Federal Government shall be authorized to do so by means of a regulation without Approval of the Bundesrat within the scope of § 55
1.
by way of derogation from paragraphs 1 and 2 and § 55 not the Federal Network Agency, but another legal entity To entrust the public law with the calls for tender or to appoint a legal person under private law to the appropriate extent, and to do so, for details,
2.
The Federal Network Agency to authorize the Federal Network Agency, taking into account the purpose and objective in accordance with § 1 of the stipulations pursuant to § 29 paragraph 1 of the German Energy Law on the Tendering including the specific design of the rules referred to in paragraph 1 (1) to (10) and (2).
Non-Official Table of Contents

§ 89 Regulation authorisation for power generation from biomass

(1) The Federal Government is authorized to regulate 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 are 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 a mass balance system by means of a legal regulation without the consent of the Federal Council. Natural gas network to regulate the gas. Non-official table of contents

§ 90 Regulation empowerment on sustainability requirements for biomass

The Federal Ministry for the Environment, Nature Conservation, Building and reactor safety is authorized, in agreement with the Federal Ministry for Economic Affairs and Energy and the Federal Ministry of Food and Agriculture, by means of legal regulation without the consent of the Federal Council
1.
to rule that the right to financial support for electricity from solid, liquid or gaseous biomass only exists if the biomass used for the production of electricity is: Requirements:
a)
certain environmental and other requirements for sustainable cultivation and the land used by the cultivation, in particular on the protection of natural habitats, of grassland with a large biological diversity within the meaning of Directive 2009 /28/EC, and of areas with a high carbon stock,
b)
certain environmental and social requirements for sustainable production,
c)
a particular Greenhouse gas mitigation potential at least to be achieved in electricity
2.
the requirements specified in point 1, including the requirements for Determination of the greenhouse gas reduction potential as defined in point 1 (c),
3.
to determine how plant operators comply with the requirements of the Points 1 and 2 must provide evidence, including rules including a
a)
on the content, form and period of validity of such evidence, including rules relating to: Recognition of evidence which has been recognised under the law of the European Union or of any other State as proof of compliance with the requirements of paragraph 1,
b)
to include systems and independent control points in the detection guide and
c)
to the Requirements for the recognition of systems and independent control bodies, as well as the measures to be taken to monitor them, including the necessary information, inspection, sampling and instruction rights, and the law of the competent authority or independent control bodies, during the business or operational period, to enter land, commercial, operational and storage spaces and means of transport as far as this is necessary for monitoring or control
4.
< dd style="font-weight:normal; font-style:normal; text-decoration:none;"> The Federal Agency for Agriculture and Food is entrusted with tasks to ensure compliance with the requirements laid down in the legal regulation referred to in points 1 to 3 , in particular with a view to determining the requirements laid down in points 1 and 2 of the Regulation as well as with the exercise of tasks as specified in point 3. href="index.html#BJNR106610014BJNE009200000"> Non-official table of contents

§ 91 Regulation empowerment to the compensation mechanism

The federal government is authorized to further develop the nationwide compensation mechanism Regulation without the consent of the Federal Council,
1.
that guidelines can be made for the marketing of the electricity delivered under this Act, including
a)
the ability to pay compensation and transaction costs through financial incentives or transmission system operators to the profits and Loss of marketing losses,
b)
marketing surveillance,
c)
Requirements for marketing, account management and determination of the EEG surcharge, including publication and transparency obligations, deadlines and transitional arrangements for the financial compensation
2.
that and under what conditions the transmission system operators can be authorized,
a)
to make contractual agreements with plant operators that are designed to take due account of the feed-in priority of optimising the marketing of the electricity; this Includes taking into account the costs arising from such agreements in the framework of the compensation mechanism, provided that they are economically appropriate,
b)
Assets that are after the 31. December 2015 will be put into operation at ongoing negative
,
3.
that transmission system operators can be committed to: , in particular for the offsetting of the sales revenue, the necessary transaction costs and the remuneration payments, a common transparent EEG account,
4.
that the transmission system operators can be obliged to work together on the basis of the projected amounts of electricity from renewable energy sources and mine gas, the expected The costs and revenues, including a liquidity reserve, for the following calendar year, and the balance of the EEG account for the following calendar year, to be determined and not in the form of a single national EEG transfer ,
5.
that the tasks of the transmission system operators may be transferred in whole or in part to third parties within the framework of a tendering or processing operation, or objective, transparent and non-discriminatory procedures other than objective, transparent and non-discriminatory procedures, including the procedures to be followed, including the invitation to tender issued by the transmission system operators within the framework of the Nationwide compensation provided services or the EEG electricity quantities, as well as the possibility of regulating the task perception by third parties by way of derogation from that by the transmission system operators,
6.
the necessary adjustments to the direct marketing regulations and the necessary adjustments to the special compensation scheme for stromintensive companies and Rail Railways, the system for retrospective correction, the powers of the Federal Network Agency, the transfer and publication obligations as well as the EEG surcharge to the further developed compensation mechanism,
7.
that in the case of § 61 the EEG transfer for electricity from plants or other power generation plants must be paid by way of derogation from § § 60 and 61 to the network operator, to whose network the The network operator shall continue to pay the payment to the transmission system operator, including claims for payment of the EEG transfer, including by way of derogation from section 33 (1), with claims for financial support. and it can be regulated,
a)
when payments must be made on the EEG surcharge or abates must be paid and
b)
how to adjust the notification and publication duties also by way of derogation from § § 70 to 76
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§ 92 Regulation empowerment to proofs of origin

The Federal Ministry of Economics and Energy is authorized to do so by means of a legal regulation without the consent of the Federal Council
1.
the requirements for rules to
a)
the exhibition, transfer, and Devaluation of proofs of origin according to § 79 (1),
b)
the recognition, transfer and devaluation of proofs of origin, which prior to the entry into service of the certificate of origin, as well as
c)
the recognition of proofs of origin according to § 79 (2)
2.
to set the content, shape and validity period of the proofs of origin,
3.
the procedure for to regulate the exhibition, recognition, transfer and devaluation of proofs of origin, and to specify how applicants must demonstrate compliance with the requirements of point 1,
4.
to determine the design of the certificate of origin register in accordance with § 79 (3) and to specify the information to be sent to the certificate of origin and who to the , this includes rules on the protection of personal data,
5.
by way of derogation from § 79 (5), to the effect that guarantees of origin are provided for Financial instruments within the meaning of Section 1 (11) of the Banking Act or Section 2 (2b) of the Securities Trading Act are,
6.
deviating from § 78 within the scope of the Electricity marking to regulate the expulsion of electricity for which financial support is claimed in accordance with § 19; in this case, in particular, by way of derogation from § 79 (1), the issuing of guarantees of origin for this electricity can also be applied to the transmission system operators,
7.
by way of derogation from § 79 (4), a legal person under public law with the tasks referred to in § 79 (1) to (3), to entrust, in particular, the establishment and operation of the register of proofs of origin and the issuing, recognition, transfer or devaluation of proofs of origin, including the enforcement of the administrative acts to which it departs. or to an appropriate extent to insult a legal person under private law and to regulate the details, including legal and professional supervision, by the Federal Environment Agency.
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§ 93 Regulation authorizing the asset register

The Federal Ministry of Economic Affairs and Energy is authorized to design the asset register in accordance with § 6 by means of a legal regulation without the consent of the Bundesrat:
1.
the information in accordance with § 6 (2) and further information transmitted to the asset register , including the requirements of the type, formats, scope and preparation, and, in particular, information on:
a)
Self-sufficient supply by the asset,
b)
the starting date of the installation,
c)
technical properties of the asset,
d)
the network to which the asset is attached
2.
who must communicate the additional information referred to in point 1, in particular whether plant operators, network operators, public authorities or other persons are required to provide information on the
3.
the procedure for registering the assets, including the deadlines, and the regulation that registration by plant operators by way of derogation from Article 6 (2), a third party required to submit to the register of assets,
4.
the verification of those in the asset register Data stored, including the necessary compaction obligations for plant operators and network operators,
5.
that deviates from the changes in the forms of divestilation of section 21 (1) shall be communicated to the register of assets, including the time limits for data transmission and provisions on format and procedures,
6.
that the Details of the certificate of origin register in accordance with section 79 (3) or with other registers and data sets established or created
a)
based on this law or a legal decree adopted hereunder,
b)
due to the Energy law, or a regulation adopted hereunder, or
c)
c)
on the basis of the law against restrictions on competition or on any of these
to the extent that the relevant provisions for these registers and records are not in conflict with each other,
7.
that asset operators are matched with data from the responsible approval authority for asset managers,
8.
which registered information will be published on the Internet, with a high degree of transparency, with due regard to data protection, to be followed by a high degree of transparency; Further provisions pursuant to Article 26 (2) concerning the publications required for the verification of the production of electricity from biomass, wind turbines on land and plants for the generation of electricity from solar radiation energy as well as the applicable applicable values in accordance with § § 28, 29 and 31,
9.
the obligation of the network operators, the respective actual feed-in of plants, which are in the plant registers, which are equipped with technical equipment within the meaning of Article 9 (1) (2), and to transmit these data to the register of installations, including the time limits and the requirements for the type, the formats, the scope and the processing of the data to be transmitted,
10.
the relationship to the transfer and publication obligations in accordance with § § 70 to 73; In this context, it is possible in particular to regulate the extent to which information collected and published in the register of assets is no longer transmitted and published in accordance with § § 70 to 73 as of the date of its publication.
11.
The type and extent of sharing of the information to
a)
Network operator to meet its tasks under this Act and the Energy Law,
b)
Public authorities to carry out their tasks in connection with the expansion of renewable energy sources.
c)
third parties where 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 information is available. Publication in accordance with point 8 is not sufficient; information in accordance with § 6 (2) (1) may not be disclosed to third
,
12.
the empowerment of the Federal Network Agency to regulate by setting in accordance with § 29 of the Energy Economic Law:
a)
further information to be transmitted by plant operators or network operators where this is required in accordance with the second sentence of Article 6 (1),
b)
by way of derogation from a legal regulation referred to in point 1, certain particulars shall no longer be transmitted where these are no longer required in accordance with Article 6 (1), second sentence, with the exception of the information provided for in Article 6 (2),
c)
Art and scope of an extended Access to information in the asset register for certain passenger groups to improve market and network integration
13.
Regulations on the protection of personal data Data relating to the information to be transmitted in accordance with points 1 to 11, in particular information, information and cancellation requirements,
14.
the transfer of the Register of assets in accordance with § 6 (4) of the German Energy Act (Energiewirtschaftsgesetz), including the necessary regulations for the transfer of the registered data and for the performance of the tasks pursuant to § 6 (1) sentence 2 by the entire register.
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§ 94 Regulation authorisations for the special compensation scheme

Federal Ministry of Economic Affairs and Energy is authorized to regulate the setting of rules by means of a legal regulation without the consent of the Federal Council
1.
Efficiency requirements to be applied in the calculation of the standardised electricity consumption in the context of the calculation of the electricity cost intensity in accordance with Article 64 (6) point 3, in particular for the determination of current efficiency reference values, which shall be used to: State-of-the-art production technologies, or other efficiency requirements, so as not to meet the actual electricity consumption, but the standardised electricity consumption in the calculation of electricity costs , where
a)
can be taken into account in advance payments made by companies through investments in advanced production technologies; or
b)
Knowledge from the information on the operation of energy or environmental management systems or alternative systems to improve energy efficiency by: the companies are to be used in accordance with § 69, second sentence, number 1 and 2
2.
to determine the average price of electricity in accordance with section 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 power consumption patterns that map the power market qualities, and
b)
Available statistical captures of electricity prices in the industry
3.
Industry in Appendix 4 or out of it as soon as and as far as this is required for alignment with European Commission decisions.
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§ 95 Further Regulation Authorisations

The Federal Government is also empowered to do so by means of a legal regulation without consent of the Federal Council
1.
to regulate the calculation procedure for the compensation in accordance with § 15 (1), in particular a flat-rate procedure for the determination of the respective Loss of revenue and expenses, as well as a procedure for the settlement of the accounts on a case-by-case basis,
2.
to regulate that the use of the Feed-in tariff according to § 38
a)
Plant operators shall make the electricity available to a third party from their facility by way of derogation from § 19, paragraph 1, point 2.
b)
the claim under section 38 (1) is directed against the third party to whom the electricity referred to in point (a) is made available,
c)
the third party referred to in subparagraphs (a) and (b) is determined in the context of a tendering or other objective, transparent and non-discriminatory procedure, and with the implementation of § 38, in particular the issuing authority as well as the requirements for the implementation of the procedure, requirements for the third party responsible for the implementation of § 38, the conditions, the facilities for the § 38 must be fulfilled, requirements for the conditions and implementation of § 38 and requirements for the amount of financial support within the scope of § 38 are to be determined
3.
for the calculation of the market premium according to point 1.2 of Appendix 1 to this law for electricity from plants, which is based on the 31. The term "Commissioning Term" before the 1st July 2014 By way of derogation from Article 100 (1) (8), the amount of the increase in the value to be applied shall be subject to the rules applicable to electricity directly marketed after the entry into force of this Act, including from installations which: for the first time prior to the entry into force of this law, the market premium may have been used for the first time, with different values for different energy sources or for marketing on different markets or negative values.
4.
In addition to Appendix 2, rules for determining and applying the reference yield,
5.
Requirements for wind power plants to improve network integration (system services), especially
a)
for wind turbines on land requirements
aa)
to the behavior of the assets in the Error case,
bb)
to voltage and reactive power delivery,
cc)
to the frequency posture,
dd)
to the detection method,
ee)
to the rebuilding of the supply and
ff)
in the extension of existing wind farms
b)
for Wind turbines on land that are already before the 1. January 2012, requests
aa)
to the behavior of the assets in the case of an error,
bb)
to frequency posture,
cc)
to the detection method,
dd)
on the supply rebuild and
ee)
in retrofitting of existing assets in existing Wind parks
6.
to introduce a system for the direct marketing of electricity from renewable energy to the last consumer, where this electricity is "electricity from renewable energy sources". renewable energy " can be characterized in particular:
a)
Requirements that are met by plant operators and electricity suppliers in order to be allowed to participate in this system, in particular
aa)
Requirements for the delivery portfolio of the participating companies Electricity supply companies at least to share electricity from wind energy or solar radiation power plants,
bb)
Obligations to Investments in new plants for the production of electricity from renewable energy sources or into a fund from which plants to generate electricity from renewable energy sources are financed;
these requirements can also be used for electricity production comprise countries of the European Union and provide as an additional condition that it is ensured that the actual impact of the electricity produced in the plant is comparable to the German electricity grid or to the German electricity market is the impact that the electricity would have in the case of a feed in the federal territory,
b)
Requirements for payments made by the participating electricity utilities the transmission system operators or system operators as a condition of participation in this system,
c)
by way of derogation from § 78 of the regulations within the framework of the Electricity labelling, according to which electricity, which is directly marketed in accordance with Article 20 (1) (1), may be marked as "electricity from renewable energy sources",
d)
§ 79 the issuing of guarantees of origin for the electricity sold in this system,
e)
the procedure for the verification of compliance with the requirements of the Points (a) to (d) and, where necessary, additions or derogations to the procedural arrangements provided for in this Act, in particular the reporting, labelling and publication obligations of the electricity supply undertakings; and Transmission system operators,
f)
Regulations under which there is no obligation or a reduced obligation for electricity supply companies to pay the EEG subversion, to the extent that: these undertakings shall, by payment of the average cost of electricity from renewable energy, whose development is promoted by this law, contribute adequately to the financing of the installations eligible under this Act, and This does not increase the level of EEG for other electricity supply undertakings, including rules under which electricity undertakings are obliged to make other payments, such as a fund, to make other payments
g)
Complementary 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 electricity supply undertakings participating in this system are properly carried out;
in this connection, it is also necessary to take into account the fact that the introduction of the electricity supply companies and the electricity supply companies must be this system will not be allowed to justify an indefinite obligation to provide financial support for electricity generated from renewable energy generated outside the territory of the Federal Republic of Germany.
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§ 96 Common provisions

(1) The legal regulations on the basis of § § 89, 91 and 92 require the consent of the Bundestag.(2) If legal orders in accordance with paragraph 1 require the consent of the Bundestag, this consent may be made subject to the acceptance of the amendments of the German Bundestag. 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 of this Regulation.(3) The authorisations for the enactment of legal regulations pursuant to § § 91 to 93 may be transferred to a federal authority with the consent of the Bundestag, without the consent of the Federal Council and in the case of sections 91 and 92 of the German Bundestag. The legal regulations issued on this basis by the Federal Supreme Authority do not require the approval of the Federal Council or the Bundestag.

Section 2
Reports

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§ 97 Review of the Experience

The Federal Government evaluates this law and submits it to the Bundestag by 31 December 2014. December 2018 and then every four years an experience report before. 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. Non-official table of contents

§ 98 Monitoring Report

(1) The Federal Government reports to the Bundestag up to the 31. December 2014 and then annually on
1.
the state of the expansion of renewable energies and the achievement of the goals according to § 1 paragraph 2,
2.
the fulfillment of the principles according to § 2,
3.
the state of the direct marketing of electricity from renewable sources Energies,
4.
the development of self-sufficienty within the meaning of § 61 and
5.
the Challenges arising from points 1 to 4.
(2) The Federal Government shall submit a proposal for a reorganization of the previous scheme in good time before the objective specified in Article 31 (6), first sentence, is reached.(3) The Federal Government shall review § 61 (3) and (4) until 2017 and shall submit a proposal for a reorganisation of the existing system in good time. Non-official table of contents

§ 99 Tendering Report

The Federal Government shall report to the Bundestag by no later than 30 minutes. June 2016 on the experience gained with calls for tenders in particular according to § 55. The report also contains recommendations for action
1.
to determine the financial support and its amount by calls for tenders in respect of § 2 (5) sentence 1 and
2.
to the amount of power to be used to achieve the objectives set out in § 1 paragraph 2 or installed services.

Section 3
Transitional Provisions

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§ 100 General Transitional provisions

(1) For electricity from plants and cogeneration plants, which shall be applied in accordance with the provisions of the The term "Commissioning Term" before the 1st July 2014 The provisions of this law shall apply with the proviso that
1.
instead of § 5 (21) § 3 (5) of the Renewable Energies Act (Renewable Energies Act) in der 31. The new version of the Renewable Energies Act will apply in July 2014.
2.
instead of § 9 (3) and (7) § 6 (3) and (6) of the Renewable Energies Act (Renewable Energies Act) in the 31.
3.
§ 25 shall apply with the following measures:
a)
to the place of the value to be applied in accordance with § 23 (1) sentence 2, the remuneration claim of the Renewable energy law in the version that is relevant for the respective plant and
b)
for operators of plants for the generation of electricity from solar radiation energy, that after the 31. The first sentence of paragraph 1 shall apply as long as the plant operator does not comply with the provisions of Section 17 (2) (1) (a) of the Renewable Energy Act in the 31 December 2011, the first sentence of the first sentence of the first sentence of the first sentence of the first sentence of the first paragraph The current version of the German Renewable Energy Act (§ 20a) of the German Renewable Energy Act (Renewable Energies Act) is in force on 31 July 2014. The site and installed performance of the facility was not sent to the Federal Network Agency by means of the form constraints provided by it;
4.
instead of § § 26 to 31, 40 paragraph 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 Energies Act in the at 31. Article 33c (3) of the Renewable Energy Sources Act (Renewable Energies Act), which is in force on 31 July 2014, applies to the By way of derogation from this, Section 47 (7) shall apply exclusively for installations which shall be applied in accordance with the provisions of 31 July 2014. In July 2014, the term "Commissioned" after the 31.
.
5.
§ 35 Sentence 1, point 2, from 1 December 2011 onwards.
6.
§ 37 shall apply accordingly, with the exception of § 37 (2) and (3), second half-sentence,
7.
for electricity from power generation plants from hydropower, which is available in front of the 1. As of January 2009, the German Renewable Energy Act (Renewable Energies Act) was replaced by § 40 (2) (23) of the Renewable Energy Act (Renewable Energy Act). July 2014, when the measure is applied in accordance with Section 23 (2), second sentence, of the Renewable Energy Sources Act (Renewable Energy Act) in the 31 July 2014. The current version of the Directive is due to be held before 1 8
8.
Section 1.2 of Appendix 1 must be applied with the proviso that the value "AW" to be applied in each case is increased
a)
for pre-1. Electricity
aa)
generated from wind energy and solar radiation energy by 0.60 cents per year Kilowatt-hour, if the facility is remotely controllable within the meaning of § 3 of the Management Premium Regulation of 2. November 2012 (BGBl. 2278), and also 0.45 cents per kilowatt hour,
bb)
from hydropower, landfill gas, sewage gas, mine gas, biomass and geothermal energy by 0.25 cents per year. Kilowatt hour
b)
for after the 31. Electricity generated in December 2014
aa)
from wind energy and solar radiation energy by 0.40 cents per year Kilowatt-hour; by way of derogation from the first half-sentence, the value for electricity to be applied shall be that after the 31. December 2014 and before 1. April 2015 will be increased only by 0.30 cents per kilowatt-hour, if the plant is not remotely controllable within the meaning of § 36, or
bb)
from hydropower, landfill gas, Sewage gas, mine gas, biomass and geothermal energy by 0.20 cents per kilowatt hour
9.
§ 66 (2) (1), (4), (5), (6), (11), (18), (18a), (19) and (20) of the Renewable energy law in the 31.
10.
for electricity from plants that are in accordance with the provisions of 31 July 2014. In December 2011, the term "Commissioned" before 1. 1 to 13, paragraph 2, 3, 4, 14, 17 and 21 of the Renewable Energies Act, in the 31 January 2012, the date on which they were put into operation, and without prejudice to points 3, 5, 6, 7 and 8 (66) (1) to (13), (2), (3), (4), (14) and (17). The general application of the provisions of the German Renewable Energy Act (Renewable Energies Act) in the first half-sentence of § 66 (1) of the first half-sentence of 31 July 2014 is to be applied in the first half of the year. As amended, the following measures shall apply:
a)
instead of § 5 Point 4 is § 18 (2) of the Renewable Energy Sources Act (Renewable Energies Act) in der 31. § 3 (5) of the German Renewable Energy Act (Renewable Energies Act) is to be applied in accordance with the provisions of Section 5 (21) of the German Renewable Energy Act (Renewable Energy Act). By way of derogation from the provisions of the European Parliament and of the Council, the January 2009 according to § 3, paragraph 4, second half-sentence of the German Renewable Energy Act (Renewable Energies Act) in the 31. 3 (4) of the German Renewable Energy Act (Renewable Energies Act), which was renewed on 31 December 2008.
(b
instead of § 9, § 6 of the Renewable Energies Act (Renewable Energies Act) is in force on 31 December 2008 in the following year: Without prejudice to Section 66 (1) (1) (1) to (3) of the Renewable Energy Sources Act (Renewable Energies Act), which is in force on 31 December 2011. The following measures apply:
aa)
§ 9 (1) sentence 2 and paragraph 4 is applicable apply accordingly,
bb)
§ 9 paragraph 8 is applicable, and
cc)
for violations is § 16 Paragraph 6 of the Renewable Energy Sources Act (Renewable Energy Sources Act) in the
)
of § § 26 to 29, 32, 40 (1), § § 41 to 51, 53 and 55, 71, point 2 are § § 19, 20, § § § 19, § § § 19, 20, 23 to 33 and 66 as well as annexes 1 to 4 of the Renewable Energies Act in the 31. (d
instead of § 66 (1) (10) (1) and (2) of the Renewable Energy Act (Renewable Energies Act) in the 31 December 2011, the first and second sentences of the new Renewable Energy Act (" Renewable Energy § § 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 shall be applied in accordance with the provisions of the German Renewable Energy Act (Renewable Energy Act) in the the relevant installation is relevant and that in the calculation of the market premium in accordance with § 34 of the value to be applied, the amount of the remuneration shall be in cents per kilowatt hour, which shall be used for the direct marketing of electricity at the specific plant in the Case of remuneration in accordance with the remuneration provisions of the Renewable Energy Sources Act in the version relevant for the respective installation could actually be used,
e)
instead of § 66, paragraph 1, point 11 of the Renewable Energies Act, in the 31. § § 52 and 54 as well as Appendix 3 apply
(2) For electricity from plants, which are
1.
after the on the 31. The term "Commissioning Term" before the 1st July 2014
.
2.
prior to the 1st August 2014. The first half-sentence of Section 5 (21) of the first half-sentence is to be applied in August 2014 at no time for electricity produced exclusively from renewable energy sources or mine gas.
By way of derogation from the first sentence, the following shall apply to installations in accordance with the first sentence, which use only biomethane, which shall be 31. In July 2014, the term "Commissioning Term" shall apply if this is the case from 1. In August 2014, biomethane used for power generation comes exclusively from gas processing plants, which are located in front of the 23. In January 2014, biomethane was fed into the natural gas grid for the first time. 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 Regulation as final the
1.
already before the 1. 2
has at least the same installed power as the installation according to the second sentence of the second sentence.
Sentence 2 is on assets , which exclusively use biomethane, which originates from a gas processing plant which is subject to approval under the Federal Immission Control Act and before the 23. The European Commission has approved the following: The first time that biomethane was fed into the natural gas grid in January 2015, when the plant is in front of the 1. The plant was not operated with biomethane from another gas processing plant in January 2015; the plant will be operated for the first time after the 31. In the case of biomethane only, the third sentence must be applied accordingly.(3) For electricity from installations which are in accordance with the 31. July 2014 and before 1. The provisions of paragraph 1 shall apply if the plants are in need of approval in accordance with the Federal Immission Control Act or require approval for their operation in accordance with a different provision of the federal law and before the 23. approved or approved in January 2014.(4) For electricity from installations which are based on the 31. In December 2011, the term "Commissioned" before 1. On the basis of a legal regulation in accordance with § 12 of the Law on Legal Affairs, the system shall be reduced for each calendar month in which all or part of the obligations of a plant operator in the framework of a retrofit to ensure system stability shall be reduced for each calendar month. (3a) and § 49 (4) of the Energiewirtschaftsgesetz (Energiewirtschaftsgesetz) after the expiry of the period laid down in the legal regulation or the time limit laid down by the system operators in accordance with the terms of the legal regulation,
1.
the entitlement to the market premium or the feed-in tariff for assets that are equipped with a technical In accordance with Article 9 (1), first sentence, point 2 or second sentence 2, point 2, shall be set to zero or
2.
the claim arising in a calendar year to a Feed-in tariff for installations which are not equipped with a technical equipment pursuant to Article 9 (1), first sentence, point 2 or second sentence 2, point 2, by one twelfth.
(5) point 3.1, second sentence, of Appendix 1 is not before 1. January 2015. Non-official table of contents

§ 101 Transitional provisions for electricity from biogas

(1) For electricity produced from plants for the generation of electricity from biogas, which are used in accordance with to the 31. The term "Commissioning Term" before the 1st July 2014 As of the 1st of August 2014, the company has been operating in the first place. In accordance with the provisions of the Renewable Energy Sources Act, in the version to be applied for each kilowatt-hour of electricity, in accordance with the provisions of the Renewable Energy Sources Act, in order to meet the requirements of the Renewable Energy Sources Act in a calendar year prior to the 1st of December 2014. The maximum measurement performance of the plant is exceeded in August 2014, on the monthly market value; for plants for the generation of electricity from biogas, which are before the 1. In accordance with § 8 (1) of the Renewable Energy Act of 21 January 2009, the Act of 21 January 2009 has been put into operation in accordance with the requirements of the remuneration. July 2004 (BGBl. I p. 1918) in der 31. December 2008, in accordance with the first half-sentence. The maximum rated power within the meaning of the first sentence shall be the maximum rated power 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 31% shall be valid at 31%. The performance of the installation as the maximum measuring power installed in July 2014, if the value determined in this way is higher than the actual maximum measuring power according to the second sentence.(2) For electricity from installations which are based on the 31. In December 2011, the term "Commissioned" before 1. January 2012,
1.
is entitled to increase the bonus for electricity renewable raw materials in accordance with section 27 (4) (2) in conjunction with Annex 2 (VI.2.c) to the Renewable Energy Sources Act ("Renewable Energy Sources Act") in the 31. The European Parliament and the Council of the European Union August 2014 only if, for the purpose of generating electricity, mainly landscaping material, including landscaping grass as defined in Annex 3, point 5, to the biomass regulation in the 31 December 2014.
2.
2.
is to apply § 47 (6) (2) for electricity, which is to be applied after 31 December 2014. July 2014.
(3) For installations that are based on the 31. December 2011 and before 1. Since August 2014, the company has also been in operation for the first time in the year. July 2014, the Biomass Ordinance in its 31. July 2014 shall apply. Non-official table of contents

§ 102 Transitional provision for conversion to alerts

After financial support within the meaning of § 2 (5) has been converted to calls for tenders, even without a eligibility entitlement received in the context of an invitation to tender, a claim under Article 19 (1) for plant operators of
1.
Wind power plants at sea, before the 1. In January 2017, an unconditional network connection or connection capacity pursuant to Section 17d (3) of the German Energy Act (Energiewirtschaftsgesetz) has been granted and before the 1.
.
2.
Plants for the generation of electricity from geothermal energy before 1 January 2021.
2.
1. January 2017 for the first time an admission in accordance with § 51 paragraph 1 of the Federal Mining Act for the search. January 2021, or
3.
all other plants that are in need of approval under the Federal Immission Control Act or for their operation require approval pursuant to another provision of federal law and before 1. January 2017 approved or approved and before the 1. This does not apply to the operators of open-air systems.
Non-official table of contents

§ 103 Transitional and hardship provisions on special compensation arrangements

(1) For applications for the 2015 limitation year, § § 63 to 69 shall be applied with the following measures:
1.
§ 64 Paragraph 1 Number 3 is for companies with a power consumption of less than 10 gigawatt hours in the last financial year, if the company proves to the Federal Office of Economics and Export Control that it was unable to obtain a valid certificate in accordance with § 64 (3) (2) within the application deadline
2.
§ 64 (2) and (3) (1) shall apply with the proviso that, instead of the arithmetic mean, the gross value added of the last three completed It is also possible to use only the gross value added in accordance with Section 64 (6) (2) of the company's last business year.
3.
§ The last half-sentence of paragraph 6 (6) is not to be applied.
4.
§ 64 (6) (3) must be applied with the proviso that the intensity of electricity costs is the ratio of the the company in the last financial year to bear the actual electricity costs, including the electricity costs for self-consumed amounts of electricity consumed in accordance with § 61, in respect of gross value added at factor cost of the enterprise according to point 2; electricity costs for electricity used in accordance with § 61 non-taxable persons themselves may be taken into account in so far as they are permanently subject to transfer in the last financial year pursuant to § 60 (1) or (61) The certificate in accordance with section 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) sentence 1 and 2, a request may be made once up to the 30.
6.
In addition, § § 63 to 69 shall apply, unless applications for the 2015 limitation year to the Expiry of the 31.
() For applications for the 2016 limitation year, § § 63 to 69 shall be applied with the following measures:
1.
§ 64 (2) and 3 (1) is to be applied with the proviso that instead of the arithmetic mean of the gross value added of the last three completed financial years, the the arithmetic mean of gross value added in accordance with Section 64 (6) (2) of the last two business years of the enterprise concluded.
2.
§ 64 paragraph 6, point 3 is to be applied with the proviso that the intensity of the electricity costs is the ratio of the business year to be completed by the company in the last financial year. Actual electricity costs, including electricity costs for self-consumed amounts of electricity consumed in accordance with § 61, is the gross value added at factor cost of the company according to point 1; electricity costs for non-taxable persons in accordance with § 61 the quantities of electricity consumed may be taken into account in so far as they have been permanently replaced in the last financial year concluded in accordance with § 60 (1) or § 61; the certificate in accordance with section 64 (3) (1) Point (c) must include all the components of the electricity costs borne by the enterprise.
3.
In addition, § § 63 to 69 are to be applied.
(3) For companies or self-employed parts of the enterprise, which as a company of the manufacturing industry pursuant to § 3 (14) of the Renewable Energy Act (Renewable Energies Act) in the 31. July 2014 valid version for the 2014 limitation year on a final limiting decision in accordance with § § 40 to 44 of the Renewable Energy Sources Act (Renewable Energies Act) in the 31 December 2014. In accordance with § § 63 to 69, the Federal Office of Economics and Export Control shall limit the EEG transfer for the years 2015 to 2018 according to § § 63 to 69 in such a way that the EEG transfer for a company in a limiting year is no longer than shall be twice 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 conditions of the year in force for that year. Limiting modest to be paid. The first sentence shall apply to undertakings or independent parts of the undertaking which have a final decision on limitation for the 2014 limitation year and which do not fulfil 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 Points out that the intensity of its electricity costs in accordance with section 64 (6) (3) in conjunction with paragraphs 1 and 2 of this paragraph is at least 14 per cent; moreover, § § 64, 66, 68 and 69 are to be applied accordingly.(4) For companies or self-employed parts of the enterprise, which are
1.
as a producer of Trades in accordance with § 3, point 14 of the Renewable Energy Act (Renewable Energies Act) in the 31. July 2014 valid version for the 2014 limitation year on a final limiting decision in accordance with § § 40 to 44 of the Renewable Energy Sources Act (Renewable Energies Act) in the 31 December 2014. July 2014, and
2.
do not meet the requirements of § 64 of this law, because they are
a)
not to associate an industry with asset 4 or
b)
to be assigned to an industry by list 2 of Appendix 4, but its electricity cost intensity is less than 20 percent
the Federal Office for Economic Affairs and Export control at the request of the EEG-transfer for the electricity part 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 independent company proves that its Current cost intensity within the meaning of Article 64 (6) (3) in conjunction with paragraphs 1 and 2 of this paragraph shall be at least 14 per cent. 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. is to be assigned. Furthermore, paragraph 3 and Articles 64, 66, 68 and 69 shall apply accordingly.(5) For rail tracks which do not yet have a limiting decision for the 2014 limiting year, § § 63 to 69 apply to the application position for the second half of the year 2014 with the measures to be applied with the measures that
1.
the EEG transfer for the total amount of electricity that the company is directly responsible for driving in Rail-rail transport itself has consumed 20 percent of the rail traffic according to § 37 (2) of the Renewable Energy Act (Renewable Energies Act) in the 31. The application according to § 63 in conjunction with § 65, including the certificates according to § § 65, will be limited to the current version of the EEG version in force for 2014.
64 (3) (1) (c) to (30). (material exclusion period) and
3.
The decision is retroactive to the first one. July 2014, with a period of validity up to 31.
)
transmission system operators have, in the case of electricity supply companies, produced for the outside the regulatory responsibility of a transmission system operator specifically for the supply of rail tracks, for the years 2009 to 2013, only the right to payment of an EEG transfer rate of 0.05 cents per kilowatt-hour for the years 2009 to 2013 is directly fed into the rail electricity grid and directly used for driving in the rail transport sector. The claims are due as follows:
1.
for the railway power plant stream, which will be in the years 2009 to 2011 has been used up to the 31. August 2014,
2.
for traction power plant power consumed in 2012, to the 31. January 2015 and
3.
for traction power plant power, which was consumed in 2013, to the 31. October 2015.
Electricity utilities must immediately submit their final accounts for the railway power plant stream for the years 2009 to 2013 to their transmission system operator; § 75 shall apply accordingly. Electricity supply companies can use the power plant electricity they are before the 1. The first sentence of the German Renewable Energy Act (Renewable Energies Act) was adopted on 31 January 2009, as a result of the decrease in the number of allowances and remuneration in accordance with § 37 (1) 1 of the Renewable Energy Sources Act (Renewable Energies Act), as amended by Section 14 (3) of the German Renewable Energy Act (Renewable Energies Act), in the July 2008.(7) limiting decisions in accordance with § § 63 to 69 for companies which are to be assigned to an industry with the current number 145 or 146 according to Appendix 4 are subject to the reservation that the European Commission is the second law to amend the Renewable energy law of 29 April 2016 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 limiting these companies, § § 63 to 69 shall apply without prejudice to paragraphs 1 to 3 with the following measures:
1.
Applications for the 2015 and 2016 boundary years may vary 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 taken into account for payment of the deductible in accordance with Section 64 (2) (1) and for the attainment of the upper limits pursuant to § 64 (2) (3). Insofar as the payments made exceed the limits of the ceilings in accordance with Section 64 (2) (3), they shall remain unaffected by the limiting decision.
unofficial table of contents

§ 104 Additional Transitional Provisions

(1) For assets and cogeneration plants that are before the 1. having been put into service in August 2014, and with a technical facility in accordance with Article 6 (1) or (2) (1) and (2) (a) of the 31 December 2014, The second sentence of § 9 (1) (2) of the German Renewable Energy Act (Renewable Energies Act) has to be provided in July 2014. 1 January 2009 retroactively. Exceptions to this are cases in which before the 9. A legal dispute between the plant operator and the network operator has been legally or legally decided on in April 2014.(2) § 39 (1) and (2) of the Renewable Energy Sources Act (Renewable Energies Act) in the 31. The current version of July 2014 is on electricity, the electricity supply company in accordance with the 31. December 2013 and before 1. By way of derogation from § 39 (1) (1) of the Renewable Energies Act (Renewable Energies Act), the provisions of the Renewable Energy Sources Act shall apply in the case of the final consumer in August 2014 in the case of the 31. The current version of this electricity will be in force in the period after 31 July 2014. December 2013 and before 1. The second half-sentence of the German Renewable Energy Act (Renewable Energies Act) was met in August 2014, and at the same time in at least four months of this period, with Section 39 (1), second half of the German Renewable Energy Act. July 2014 shall not be applied.(3) For self-sufficienc facilities, which shall be before the 1. Article 61 (7) shall not apply and the quantities of electricity may be permitted, provided that they are subject to the exceptions provided for in § 61 (Article 61 (7) of the Regulation). paragraphs 2 to 4, retroactive to 1. The annual accounts will be held annually in January 2014. Natural gas is to be regarded as a dome gas in which it is necessary to fire, ignite and support it.(4) Claims of plant operators against network operators for financial support in accordance with § 19, pursuant to § 25 (2) sentence 1 (3) of the Renewable Energy Act (Renewable Energy Act) in the second subparagraph of Article 1 (2) of the German Renewable Energy Act. July 2015, the current version will not be before 2. August 2015. Non-official table of contents

Appendix 1 (to § 34)
Market Premium Height

(Fundstelle: BGBl. I 2014, 1108-1109)
1.
Calculation of the market premium
1.1
For the purposes of this Appendix:
-
"MP" the amount of the market premium according to § 34, paragraph 2, in cents per kilowatt-hour,
-
"AW" the value to be applied in accordance with § § 40 to 55, taking account of § § 19 to 32 in cent per kilowatt hour,
-
"MW" of the respective monthly market value in cents per cent per year Kilowatt hour.
1.2
The amount of the market premium in accordance with § 34 paragraph 2 ("MP") in cents per kilowatt hour directly marketed and actually fed electricity is calculated according to the following formula: MP = AW-MWErgives a value less than zero in the calculation, and the value of "MP" is set to zero by way of exception of set 1.
2.
Calculation of the month 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, Apply the value "MWEPEX" to sewage gas, mine gas, biomass and geothermics. "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 in the case of electricity from wind energy 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 from
-
Wind power plants on land the value "MWWind on land",
-
Wind power plants at sea the value "MWWind at sea" and
-
plants for generating 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 EPEX Spot SE in Paris for the price zone will be calculated Germany/Austria multiplied by the amount of electricity generated in this hour after the online high-calculation according to point 3.1.
2.2.2.2
The results for all hours of this Calendar months are summed.
2.2.2.3
This sum is divided by the amount of wind power generated in the entire calendar month after the online high-calculation according to point 3.1. Land.
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 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 the country after the online high-cost calculation shall be applied after the online high-cost calculation. 2.2.4
Solar radiation energy "MWSolar" is the actual monthly average value of the market value of electricity from installations for the generation of Electricity from solar radiation energy on 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 "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 all times, immediately on a common Internet site, in a uniform format, the online high-calculation of the quantity of the actual quantity of reference assets measured on the basis of a representative number of measured reference assets. generated electricity from wind turbines on land, wind turbines at sea and plants for the generation of electricity from solar radiation energy in their control zones in at least hourly resolution. For the creation of the online high account, reductions in the supply power of the plant by the network operator or in the context of direct marketing are not to be taken into account.
3.2
The 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, rounded up the following data in non- 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 every calendar day in hourly resolution,
b)
the value "MWEPEX" in accordance with the number 2.1,
c)
the value "MWWind on land" in accordance with point 2.2.2,
d)
the value "MWWind at sea" in accordance with the Number 2.2.3 and
e)
the value "MWSolar" in accordance with point 2.2.4.
3.3
As far as the data in point 3.2 is not up to on the expiry of the tenth working day of the following month, they shall be immediately published 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 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) + + +) Non-official Table of Contents

Appendix 2 (to § 49)
Reference Income

(Fundstelle: BGBl. I 2014, 1110)
1.
A reference system is a wind turbine of a certain type, for which it is based on its authorized institution measured performance characteristic at the reference site a yield at the level of the reference yield.
2.
The reference yield is the one for each type of a Wind power plant including the respective hub height determined amount of electricity, which this type would perform on the basis of a measured performance curve in five years of operation on the basis of a measured performance characteristic at the reference location. 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 The wind energy installation is determined by the type designation, the rotor circle area, the nominal power and the hub height according to the manufacturer's specifications.
4.
The Reference location is a location that is determined by a Rayleigh distribution with a mean annual wind speed of 5.5 meters per second at a height of 30 meters above the ground, a logarithmic elevation profile and a Roughness length of 0.1 m.
5.
The performance characteristic is the wind speed relationship determined for each type of wind power plant. Power output, independent 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 FGW2 , in the version currently in force at the time of the determination of the reference yield. To the extent that the performance characteristic is in accordance with a comparable procedure before the 1. It may be used instead of the performance characteristic determined in accordance with the provisions of the second sentence, as far as the scope of this law is in accordance with the 31 January 2000. No longer is the construction of installations of the type for which it applies.
6.
For the measurement of the performance characteristics in accordance with point 5 and for the calculation the reference yields of plant types at the reference site in accordance with point 2 shall be entitled, for the purposes of this law, to the institutions which, in accordance with the technical directive, shall apply general requirements to the competence of test and Calibration laboratories (DIN EN ISO/IEC 17025), April 2000 edition3 , evaluated accordingly by a state-approved or with the participation of public authorities Accreditation body is accredited.
7.
When applying the reference yield to determine the extended period of the initial remuneration, the installed The maximum performance shall be taken into consideration, but not more than the performance which the installation may provide as a maximum for reasons of approval under the Federal Immission Control Act. Temporary performance reductions, in particular due to a system of the system according to § 14, must be taken into account.
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 be related to the FGW e. V.-Fördergesellschaft Windenergie und andere Erneuerbare Energien, Oranienburger Straße 45, 10117 Berlin.
3
Official note: To be obtained from Beuth Verlag GmbH, 10772 Berlin.
Non-official table of contents

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

(Fundstelle: BGBl. I 2014, 1111-1112)
I. Requirements for flexibility premium
1.
Asset Operator may require the flexibility premium,
a)
if the total power generated in the facility is not In accordance with § 27 (3) and (4), § 27a (2) and § 27c (3) of the Renewable Energy Act (Renewable Energies Act), feed-in tariff is used and is used for this electricity in the 31. § 100 (1), which is not reduced in accordance with § 25 in conjunction with Section 100 (1),
b)
if the asset's rated power as defined in point II.1 first indent is at least 0.2 times the installed capacity of the asset,
c)
if the system operator has submitted the information required to register the use of the flexibility premium in accordance with § 93 of the legal regulation and
d)
as soon as an environmental verifier with an authorisation for the generation of electricity from renewable energy has certified that the plant for the Entitlement to the flexibility premium required in accordance with the generally accepted rules of technology is technically suitable
2.
The amount of the flexibility premium is calculated on a calendar year basis. The calculation shall be carried out for the additional installed power provided in accordance with the conditions laid down in point II. The payments to be expected shall be based on a reasonable amount of monthly payments.
3.
Plant operators shall be required to provide the network operator with the first-time Use of the flexibility premium in advance.
4.
The flexibility premium is to 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 after number I.3.
5.
The entitlement to the flexibility premium for additional installed power, which increases the installed capacity of the plant after the 31. July 2014 shall be transmitted in accordance with the provisions of the legal regulation pursuant to § 93, from the first day of the second calendar month following the calendar month in which the Bundesnetzagentur (Bundesnetzagentur) pursuant to section 26 (2) (1) (b) in conjunction with aggregate additional installed power by means of increases in the installed capacity after 31 December, under the terms of Section 93 of the Law. For the first time, July 2014 exceeded the value of 1 350 megawatts.
II. Amount of flexibility premium
1.
Definitions For the purposes of this Appendix is
-
"PBem" the rated performance in kilowatts; in the first and in the tenth calendar year of the use of the The flexibility premium shall be calculated on the basis that only the kilowatt hours produced in the calendar months of the use of the flexibility premium and only the full hours of these calendar months shall be taken into account. ; this applies only to the purposes of calculating the amount of the flexibility premium,
-
"Pinst" the installed capacity in kilowatts,
-
"Padditive" the additionally provided installed power for the demand-oriented generation of electricity in kilowatts and in the respective calendar year,
-
"fKor" the asset utilization correction factor,
-
"KK" the capacity component for the asset Provision of the additional installed capacity in euro and kilowatts,
-
"FP" the flexibility premium according to § 54 in cent pro Kilowatt hour.
2.
Calculation
2.1
The height 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: Padd-on = Pinst-(fKor x PBem) where "fKor"
-
for biomethane: 1.6 and
-
in biogas, which is not biomethane: 1,1.
By way of derogation from the first sentence, the value "Padditive" is set
-
with a value of zero if the rated power is 0.2 times the power installed ,
-
is less than 0.5 times the value of the installed "Pinst" performance if the calculation indicates that it is greater than 0.5 times the value of the installed power is.
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 Non-official table of contents

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

(find: BGBl. I 2014, 1113-1120)
Running Number WZ 2008 1
CodeWZ 2008 label
(a. n. g. = otherwise not mentioned) List 1List 2
1. 510 Steincoal mining X
2. 610 Extraction of petroleum X
3. 620 Extraction of natural gas X
4. 710 Eisenerzbergbau X
5. 729Sonstiger NE-Metallerzbergbau X
6. 811 Extraction of natural stone and natural stones, lime and gypsum stone, chalk and shale X
7. 812 Extraction of gravel, sand, clay and kaolin X
8. 891 Mining on chemical and fertiliser-
medium-minerale
X
9. 893 Extraction of salt X
10. 899 Extraction of Steinen and Erden a. n. g. X
11. 1011 Schlachten (without battles of
poultry)
  X
12. 1012 Battles 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
(without margarine and others). ä. Food fat)
X
19. 1042 Manufacture of margarine and others ä.
Food fetuses
X
20. 1051 Milk processing (without production of ice cream) X
21. 1061 Mahl and Schälmühlen X
22. 1062 Manufacture of starch and starch products X
23. 1072 Manufacture of durable bakery products X
24. 1073 Manufacture of pasta products X
25. 1081 Manufacture of sugar X
26. 1082 Manufacture of confectionery (without
durable bakery products)
X
27. 1083 Processing of coffee and tea, manufacture of coffee substitute X
28. 1084 Manufacture of seasoning materials and sauces X
29. 1085 Manufacture of ready-made dishes X
30. 1086 Manufacture of homogenized and dietetic foods X
31. 1089 Manufacture of other foods a. n. g. X
32. 1091 Manufacture of feedingstuffs for livestock X
33. 1092 Production of feedingstuffs for other Animals X
34. 1101 Manufacture of spirit drinks  X
35. 1102 Production of grape wine X
36. 1103 Manufacture of apple cider and other fruit wines X
37. 1104 Production of Wermutwein and others Flavored 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 Spinning and spinning machine X
43. 1320 Weberei X
44. 1391 Manufacture of knit and knitted fabric X
45. 1392 Manufacture of ready-made textile products (without clothing) X
46. 1393 Production of carpets X
47. 1394 Manufacture of silkware X
48. 1395 Manufacture of nonwoven fabric and products thereof (without clothing) X
49. 1396 Production of technical textiles X
50. 1399 Production of other textile products
a. n. g.
X
51. 1411 Manufacture of leatherwear X
52. 1412 Manufacture of work and Occupational clothing X
53. 1413 Production of other outerwear X
54. 1414 Manufacture of Linen X
55. 1419 Manufacture of other apparel and clothing accessories a. n. g. X
56. 1420 Production of Pelzwaren 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 dyeing of fur X
60. 1512 Leather processing (without manufacture
of leather clothing)
X
61. 1520 Manufacture of shoes X
62. 1610Saw, Hobel and wood impregnation plants X
63. 1621 Manufacture of veneer, plywood, wood fibreboard and wood chipboard X
64. 1622 Production of parquet boards X
65. 1623 Manufacture of other structural parts, prefabricated parts, expansion elements and prefabricated buildings made of wood X
66. 1624 Manufacture of packaging materials, storage containers and charge carriers from wood X
67. 1629 Production of Holzwaren a. n. , cork-, braiding and wicker (without furniture) X
68. 1711 Production of wood and pulp X
69. 1712 Manufacture of paper, cardboard and cardboard X
70. 1721 Manufacture of corrugated paper and paperboard as well as packaging materials made of paper, cardboard and cardboard X
71. 1722 Manufacture of household, hygiene
and toiletries made of pulp, paper and cardboard
X
72. 1723 Manufacture of stationery and office supplies of paper, cardboard and cardboard X
73. 1724 Production of wallpaper X
74. 1729 Manufacture of other goods made of paper, cardboard and cardboard X
75. 1813 Print and media prepress X
76. 1910 Kokerei X
77. 1920 Mineral Oil Processing X
78. 2011 Manufacture of industrial gases X 
79. 2012 Manufacture of colorants and pigments X
80. 2013 Manufacture of other inorganic base materials and chemicals X
81. 2014 Manufacture of other organic basic substances and chemicals X
82. 2015 Production of fertilizers and nitrogen compounds X
83. 2016 Manufacture of Plastics in primary moulds X 
84. 2017 Manufacture of synthetic rubber in primary forms X
85. 2020 Manufacture of pest control, crop protection and disinfectant agents X
86. 2030 Manufacture of paints, printing inks and Kitten X
87. 2041 Production of soaps, washing, cleaning and polishing X
88. 2042 Manufacture of body care products
and fragrances
X
89. 2051 Manufacture of pyrotechnic articles X
90. 2052 Production of adhesives X
91. 2053 Manufacture of ethereal oils X
92. 2059 Manufacture of other chemical products a. n. g. X
93. 2060 Production of chemical fibers X
94. 2110 Manufacture of pharmaceutical Basic materials X
95. 2120 Manufacture of pharmaceutical specialities and other pharmaceutical products X
96. 2211 Manufacture and retreading of tires X
97. 2219 Production of other rubber goods X
98. 2221 Manufacture of plates, foils, tubes and profiles made of plastics X
99. 2222 Manufacture of packaging materials
Plastics
X
100. 2223 Manufacture of building supplies
made of plastics
X
101. 2229 Manufacture of other plastic goods X
102. 2311 Production of flat glass X
103. 2312 Veredlung und Machining von Flachglas X
104. 2313 Production of hollow glass X
105. 2314 Manufacture of glass fibers 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 goods X
108. 2331 Manufacture of ceramic wall and floor tiles and panels X
109. 2332 Manufacture of brick and other building ceramics X
110. 2341 Manufacture of ceramic household goods and decorative objects X
111. 2342 Manufacture of plumbing ceramics X
112. 2343 Manufacture of isolators and insulating materials from ceramics X
113. 2344 Manufacture of ceramic products for other technical purposes X
114. 2349 Production of other ceramic products X
115. 2351 Manufacture of cement X
116. 2352 Manufacture of lime and burnt plaster X
117. 2362 Production of gypsum products for
Construction
X
118. 2365 Manufacture of fiber cementaries X
119. 2369 manufacture of other concrete products, Cement and plaster a. n. g. X
120. 2370 Be-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 of 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 Production of Blank Steel X
126. 2432 Manufacture of cold-rolled 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 Creation and first editing of precious metals X
130. 2442 Creation and first machining of aluminum X
131. 2443 Creation and first processing of lead, zinc and tin X
132. 2444 Creation and first editing of copper X
133. 2445 Creation and first processing of other non-ferrous metals X
134. 2446 Preparation of nuclear fuel X
135. 2451 Eisengießereien X
136. 2452 Stahlgießereien X
137. 2453 Light metal foundries X
138. 2454 Bunt metal foundries X 
139. 2511 Manufacture of metal structures X
140. 2512 Manufacture of metal expansion elements X
141. 2521 Manufacture of radiators and boilers for central heaters X
142. 2529 Manufacture of collection containers,
tanks and ä. 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 forged parts, press, drawing and stamping parts, rolled rings and powder metallurgical Products X
146. 2561 Surface finishing and heat treatment X
147. 2571 Manufacture of Cutting products and cutlery made of non-precious metals X
148. 2572 Manufacture of locks and fittings from non-precious metals X
149. 2573 Production of tools X
150. 2591 Manufacture of barrels, drums, cans, buckets, etc. ä. Containers made of metal X
151. 2592 Production 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 Production of screws and rivets X
154. 2599 Production of other metal goods
a. n. g.
X
155. 2611 Manufacture of electronic components X
156. 2612 Manufacture of printed circuit boards X
157. 2620 Manufacture of data processing devices and peripheral devices X
158. 2630 Manufacture of devices and facilities of telecommunication technology X
159. 2640 Manufacture of consumer electronics devices X
160. 2651 Manufacture of measuring, control, navigation and other ä. Instruments and devices X
161. 2652 manufacture of watches X
162. 2660 Manufacture of irradiation and electrotherapy devices and electromedical devices 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 devices X
167. 2720 Production of batteries and accumulators X
168. 2731 Manufacture of fiberglass 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 luminaires
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 Production of pumps and compressors a. n. g. X
178. 2814 Manufacture of fittings a. n. g. X
179. 2815 Manufacture of bearings, gearboxes, gears and drive elements X
180. 2821 Manufacture of ovens and burners X
181. 2822 Manufacture of hoists and conveying equipment X
182. 2823 Manufacture of office machines (without computers and peripherals) X
183. 2824 Manufacture of hand-held tools with motor drive X
184. 2825 Manufacture of cold and airborne products, not for the household 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 machining X
188. 2849 Manufacture of other machine tools X
189. 2891 Manufacture of machines for
Metal production, rolling mill equipment and casting machines
X
190. 2892 Manufacture of mine, construction and Baustoffmaschinen X
191. 2893 Manufacture of machines for food and beverage production and tobacco processing X
192. 2894 Manufacture of machines for
textile and clothing production and leather processing
X
193. 2895 Manufacture of Machines for paper production and processing X
194. 2896 Manufacture of machines for the processing of plastics and rubber X
195. 2899 Manufacture of machines 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 Pendants X
198. 2931 Manufacture of electrical and electronic equipment for motor vehicles X
199. 2932 Manufacture of other parts and other accessories for motor vehicles X
200. 3011 Shipbuilding (Without Boat and Yacht Construction) X
201. 3012 Boots and Yachtbau X
202. 3020 Rail vehicle construction X
203. 3030 Air-and spacecraft construction X
204. 3040 Production of military
combat vehicles
X
205. 3091 Manufacture of motorcycles X
206. 3092 Manufacture of bicycles as well as disabled vehicles 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 Production of mattresses X
211. 3109 Manufacture of other furniture X
212. 3211 Production of coins X
213. 3212 Manufacture of jewelry, gold-
and silversmiths (without
Fantasieschmuck)
X
214. 3213 Production of Fantasieschmuck X
215. 3220 Manufacture 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 Production 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 be obtained from the Federal Statistical Office, Gustav-Stresemann-Ring 11, 65189 Wiesbaden; also to refer to www.destatis.de.