Government Approves Amendment of Equalisation Scheme and Execution Ordinances

The government has adopted an amendment that shall bring the Equalisation Scheme Ordinance (AusglMechV) and the Execution Ordinance (AusglMechAV) in line with the Renewable Energy Sources Act (EEG 2014) that entered into force on 1 August 2014.

The 2010 AusglMechV and AusglMechAV provide the legal framework for calculating the EEG surcharge for the next calendar year, the medium-term prognosis on renewable power (Mittelfristprognose) and the sale of renewable power by the transmission system operators (under the EEG 2014 renewable power from new plants generally has to be sold be the operator himself; for more information please see here).

An important aspect is that the renewable energy surcharge on electricity (EEG surcharge), which under the EEG 2014 has to be paid also for self-generated and consumed green power (certain grandfathering rules and exemptions apply), shall not be levied by the transmission system operators (TSOs), but by the operators of the grid the renewable power plant is connected to. In the absence of an ordinance amending AusglMech and AusglMechV the TSOs informed in August 2014 that for the time being payments by auto-generators and notification obligations were suspended.

For more information on the amendment, please see here.

The draft ordinance has been submitted to Parliament, which has to consent pursuant to Sections 91 and 96 Renewable Energy Sources Act (EEG 2014). Consent of the Federal Council (Bundesrat) is not required. The ordinance is scheduled to enter into force the day after promulgation.

Source: Federal Government

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