PV Policy Group Project 1 st Meeting „ Solar Energy in Germany“ Rechtsanwalt Dr. Jochen...

[Gaßner, Groth, Siederer & Coll.]

Dr. Jochen Fischer PV Policy Group Project Solar Energy in Germany 1st Meeting 1

www.ggsc.de

PV Policy Group Project

1st Meeting

„ Solar Energy in Germany“

RechtsanwaltDr. Jochen Fischer



www.ggsc.de

Solar Energy in Germany

I. Introduction

1. Our main fields of activities

2. Help in case of construction or rehabilitation

3. Administrative and communal advice

4. Building regulations and project planning



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Our main fields of activities• Legal advice for communal bodies, government departments

and waste disposal companies in the law of waste and water• Legal advice and proceedings for government departments in

the law of nuclear safety• City planning and urban development, environmental

protection in urban development planning• Questions of nature conservation law• Problems of traffic law, preparation of traffic conceptions

compatible with ecology• Technical environmental protection and plant admissions• Legal aspects of clearance and indemnity against liabilities of

old environmental burdens• Legal advice for government departments and private

enterprises in the field of energy law



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Help in case of construction or rehabilitation

• Assessment of the situation with regard to the law of planning and of old environmental burdens as expert advice for location

• Requirements of the environmental impact analysis and examination of applications for admission from a legal point of view

• Procedural management and advancement of acceptance as well as attendance at explanatory hearings

• Legal representation in major administrative proceedings



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Administrative and communal advice

• Assistance to the preparation of laws, statutory instruments and administrative regulations

• Elaboration of municipal ordinances and licence agreements

• Setting up of special purpose associations and foundation of providing companies (e.g. waste management companies, water supply companies etc.)

• Attendance to plant projects



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Building regulations and project planning

• Foundation of development corporations (e.g. public private partnership)

• Assessment of the situation with regard to the law of planning and of the possibilities of development by urban development planning (“Flächennutzungsplan” – Land Development Plan, “Bebauungsplan” – Building Scheme, “Entwicklungsplan” – Development Plan)

• Carification of ownership rights with special regard to the current legislation related to investment promotion

• Assessments of liabilities for old environmental burdens and possibilities for indemnity against liabilities

• Preparation and realization of contracts and agreements related to urban and site development



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III. Renewable Energy Sources Act of 21 July 20041. Purpose

• Facilitate a sustainable development of renewable energy supply

• Regulation of collection and compensation for electricity from renewable energy sources from grid system operators

• Fixing of minimum fees to the benefit of the electricity sellers

2. Guaranteed compensation for PV-plants

II. Beginning1. Renewable Energy Supporting Act (1990)

→ No adequate Benefits for PV2. 10.000 Roof-Program

→ Financial Support Program3. Regional Beginnings

→ Solar Regulation Draft in Berlin



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Overview compensations for solar electricity (§ 11 EEG)

Installation on building/noise protection wall

Installation on building structure

Installation not located on buildings/building structures („free land“)

→ 57,4 ct/kWh for capacity up to 30 kW

→ 54,6 ct/kWh for capacity of 30 kW and over

→ 54 ct/kWh for capacity of 100 kW and over

+ 5 ct/kWh, if• plant is not integrated

into the roof or• designed to be the roof

of building and• it forms the substantial

part of the building

→ compensation generally 45,7 ct/kWh

→ generally 45,7 ct/kWh

• certain legal preconditions concerning the planning (located development plan)

• located on plots of land which were already sealed or

• land converted from economic or military use or

• on green area used as cropland



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3. Receiving of the obligatory compensation

a) Grid system operators/electric industry

• Obligation of plant operator to connect to the nearest (technically and economically) grid connection point

• Primer duty of grid operators to receive electricity from renewable energy source plants

• Minimum compensation fees

• Obligation of the grid system operator to upgrade its grid at reasonable economic expense

• Obligation to discover information above grid system and plants for the grid system operator



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b) Nation – wide equalisation scheme of the compensated electricity

• First stepright to collect and compensate produced electricity of the plant operators against the grid system operators

• Second stepright to collect and compensate electricity of the grid system operator against the transmission system operator

• Third steptransmission system operators find out each year the amount of electricity which they collected from plant operators of renewable energy sources

→ judgement between the transmission system operators

• Fourth stepright to collect and compensate of transmission system operators from grid system operators, which provide electricity to users (judgement)



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4. Realisation of the obligatory compensation

a) Plant able to receive the compensation fees

• Proving the plant is able to receive the compensation

• Proving that the realisation of the plant is possible concerning legal planning matters

b) Enforcement of the compensation against the grid – and transmission system operators



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2. Prove of the compensation ability • No control authority• Legal opinion• Certified accountants

IV. Problems

1. Heat Production• So far there is no compensation for heat production

from renewable energy sources• [GGSC] takes part in a project under the

supervision of the federal environmental ministry to prove possibilities to compensate heat production from renewable energy sources



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4. Risk of compensation• Financial security• Liquidity• Costs of construction

3. Undefined law terms• “Building structures”• “Sealed, converted, free land”• “Local development plants”



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V. Conclusions• EEG is since the novel of 2004 a solid base for the

development of power generation from renewable energy sources, especially from solar energy

• The main problem in the electricity field is at the moment the production and not legal matters

• The legal supported development of heat generation from renewable energy sources, especially solar energy, is completely open at the moment



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[ Gaßner, Groth, Siederer & Coll. ]

Rechtsanwälte

Stralauer Platz 34

10243 Berlin

Tel. +49 (0) 30/726 10 26 – 0

Fax +49 (0) 30/726 10 26 – 10

E-Mail: [email protected]

Website: www.ggsc.de

PV Policy Group Project 1 st Meeting „ Solar Energy in Germany“ Rechtsanwalt Dr. Jochen...

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