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Change has also begun in the transport sector, with mobility, whether on land, in the air or sea, undergoing significant changes in order to achieve climate objectives. One of the most important developments in the field of mobility is the change in the automobile industry from the combustion engine to electric drive.
We advise our clients on all issues relating to electromobility, with a particular focus on the expansion of the charging infrastructure as well as research and development. We develop individual concepts for you, which enable the operation of charging points in combination with your own generation plants (e.g. solar plants, electricity storage facilities etc.). If certain capacities cannot be built up in your company, an active role in economically meaningful concepts is still possible. Possible partners include electromobility operators (so-called electromobility providers) and external charging infrastructure operators, for whom we accompany the relevant negotiations with regard to cooperation. We also actively support the processing of electricity deliveries, the use of land owned by third parties and the preparation of measurement and billing processes. The so-called prosumer, who generates the electricity himself and then consumes it in his electric car a.o. is often the focus of the legal analysis of these facts.
Our clients include project planners, operators of renewable energy systems, energy supply companies, industrial companies, housing associations, condominium owners associations, house owners, public institutions, automobile companies and their suppliers, and companies that have set themselves the goal of promoting the topic of electromobility while at the same time offering their tenants, owners or employees a further opportunity to charge their electric vehicles, or to build up their own sustainable vehicle fleet. In the future, this is likely to lead to a further area of conflict for logistics companies, in addition to the regulations to be observed under aviation law for the transport of goods and persons by means of drones. Finally, we advise our clients on the participation in and use of state subsidy programmes, which can greatly facilitate financially the implementation of a comprehensive concept.
In addition, we show our clients all points of intersection concerning the Renewable Energies Act, the German Energy Industry Act, Building Law, and the Electricity Tax Act and advise them in this regard. Moreover, we not only advise on issues that may arise, in particular, within the framework of the “extended trade tax reduction” and general tax issues, but also with regard to data protection and public procurement law as well as road and traffic law. The recently amended data protection law, especially, must be taken into account when processing electricity supplies to third parties and must be mapped clearly.
To summarise: we have made it our goal to provide our clients with an optimal, tailor-made and individual concept in view of the many implementation possibilities that electromobility has to offer and to fully accompany and advise them in the implementation of the concept. This includes both the regulatory framework and the contractual arrangements with cooperation partners.
The Market Master Data Register (MaStR) is the register for the German electricity and gas market and is managed by the Federal Network Agency. In MaStR, the master data for electricity and gas generation plants must be registered. In addition, the master data of market players such as plant operators, grid operators, and energy suppliers must be registered. MaStR is available online not only to the authorities but also to market players and the public. At the same time, various existing registration obligations are to be bundled in the market master data register. Due to the repeated postponement of the opening of the web portal, however, the registration obligations could only be fulfilled insufficiently so far or had to be carried out for EEG plants in the plant register.
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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.
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