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In contrast to the EEG levy, the offshore levy will increase for the year 2019 according to §17f (5) EnWG. It will be 0. 416 cents per kilowatt hour in the coming year, whereas 0. 037 cents per kilowatt hour were calculated for 2018. The background to this is that the previous offshore liability levy only covered the costs of compensation in the event of disruptions or delays to offshore grid connections. From 2019 onwards, on the basis of the grid money modernization law, valid since July 2017, the costs for the connection of offshore wind farms in the North Sea and Baltic Sea will be added to the then valid offshore grid allocation.

On 27 September 2018, the Federal Ministry for Economic Affairs and Energy (BMWi) published a draft bill to amend the Market Master Data Register Regulations (MaStRV). The main (necessary) changes are as follows: Greater protection of personal data with regard to publications concerning smaller installations with an installed capacity of up to 30 kW and adjustment of deadlines for delays in the commissioning of the web portal. Registrations of market players, units, EEG and CHP plants and projects, which have been submitted within the first 24 months after the launch of the web portal, should be officially reported as punctual. In addition to linguistic smoothing, there are some fine adjustments regarding registration obligations.

On 14 September 2018 the BGH announced a judgment eagerly awaited by the wind industry. The BVVG has no claim to payment or right of repurchase for the construction of wind turbines on agricultural land which the property owner has acquired at a reduced price from the BVVG. Accordingly, a provision in the purchase agreement is invalid under which the BVVG can skim off from the purchaser the payments received from the wind turbine operator for the permit. The BVVG had justified this provision by averting the exercise of a BVVG repurchase right. However, the BGH did not accept that argument, as a right of repurchase would not be triggered at all by the use of the land for wind turbines. The BVVG may also have a right of withdrawal only if substantial parts of the sold land are no longer used for agricultural purposes but for wind power generation purposes, which was not the case here. (BGH: Decision from 14.09.2018 – Case Number.: V ZR 12/17)

We have joined the German-French Office for the Energy Turnaround in order to provide legal and scientific support for the energy turnaround not only in Germany but also in France via the DFBEW platform. After joining the Forum Contracting e. V. and the Bundesverband Energiespeicher e. V. (German Energy Storage Association) (BVES), we are intensifying our commitment to a climate-friendly and sustainable energy supply by transferring knowledge, advising and supporting associations and platforms in order to meet the interests of our increasingly international client structure.

The BMWi published the first field report on the amended EEG 2017 at the beginning of June 2018. The report serves the purpose of developing recommendations for the further development of the EEG as well as recommendations for the further development of the WindSeeG for the German Bundestag, whereby for the first time it is justified to obtain scientific opinions. With regard to the system integration of renewable energy, the report highlights the challenge of lowering the barrier of mandatory direct marketing from 500 kW to 100 kW. Nevertheless, the share of renewable energies in gross electricity consumption rose to 36. 2 percent in 2017, according to the experience report.

Version 3. 0 of the guideline for feed-in management of the Federal Network Agency was published on 25th June. The guideline represents the efficient implementation of feed-in management from the point of view of the Federal Network Agency within the meaning of §§ 14 and 15 of the Renewable Energy Sources Act (EEG). Version 3. 0 updates the information on the calculation of compensation (hardship compensation in accordance with § 15 EEG) for feed-in management and taking into account compensation in grid fees. Version 3. 0 of the guideline can be downloaded from the of the Federal Network Agency. (BNetzA)