After the latest revision of the EEG, electricity producers who consume their self-generated power (auto-generators) in principle also have to pay the EEG surcharge. As the government has not yet issued an ordinance containing further details on payment and notification obligations, the TSOs informed that for the time being auto-generators payment and notification obligations are suspended.
Under previous versions of the EEG, power generated by the consumer himself was not subject to the EEG surcharge. Repeated EEG surcharge increases (up to 6.24 ct/kWh in 2014) made it commercially more and more attractive to consume self generated power (also referred to as auto-generation), without having to pay the EEG surcharge for it. Since the new version of the EEG (Renewable Energy Sources Act ) came into effect on 1 August 2014, key rules for auto-generators in Section 61(1) EEG 2014 are:
- Uniform 40% surcharge for all new power plants, but 100% surcharge for all new power plants that are not renewable power plants or highly efficient CHP plants;
- Staggered introduction of the above surcharge: 30% surcharge in 2015 and 35% surcharge in 2016, as off 2017 40% surcharge;
- Small installations with an installed capacity of up to 10 kW remain exempted from paying the EEG surcharge for the first 10 MW of self-consumed power.
The new EEG 2014 also contains a provision empowering the Federal Government to issue an ordinance containing further details on how the EEG surcharge by auto-generator shall be paid. This includes in particular when and which instalments shall be due in the course of the year, as well as notification and publication obligations.
As this ordinance has not yet been issued, the TSOs informed that for the time being the processing of such instalments and notifications has been suspended (unterjährige Abwicklung … vorerst ausgesetzt). As soon as the processing procedure will have been introduced by the upcoming ordinance, the TSOs will provide further information on how the EEG surcharge payments for auto-generators shall be processed. Until then, respective instalments will not be invoiced, and notifications will not be required. Regular notification obligations pursuant to Section 74 EEG 2014 as well as normal EEG surcharge processing for final consumers pursuant to Section 61(1)(§) EEG 2014 (previously Section 37(3)(1) EEG 2012) remain unaffected.
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