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On 28 August 2020, the BMWK presented a draft bill that aims to establish a uniform regulation for the participation of citizens and municipalities in renewable energy installations. Until now, operators have been able to voluntarily involve local authorities in accordance with Section 6 of the Renewable Energy Sources Act and the federal states have had the option of issuing more extensive provisions on citizen participation and increasing acceptance for the construction of plants. Some federal states such as Lower Saxony, Mecklenburg-Western Pomerania, North Rhine-Westphalia, Brandenburg, Thuringia and Saarland have made use of this and have already passed laws on mandatory public participation, which has now led to inconsistent state legislation. An attempt at standardised federal regulation failed three years ago due to constitutional doubts. Now the BMWK is making a new attempt to at least limit the scope of the federal states. Accordingly,…

After almost a year of consultation, the Bundestag passed the BImSchG amendment in June. The law also contains key new regulations in the area of repowering: 🔁 5-H regulation: extension of distance and time requirements Extension of the scope of application of the repowering regulations to turbines that are erected within 48 months (instead of the previous 24 months) after the dismantling of the existing turbine and at a maximum distance of five times the total height of the turbine 🔁 Reduced inspection requirements for changes to the turbine type If the turbine type is changed to a small extent (max. 8 metre distance, 20 metre increase, 8 metre reduction in rotor run-out), reduced inspection requirements apply 🔁 Fictitious approval Repowering projects to change the type of turbine and those that are carried out without structural changes or replacement of parts are deemed to be approved after six weeks if no official decision has been issued.

On 15 May 2024, the BNetzA published a draft in accordance with Section 29 para. 1 in conjunction with Section 21 para. 3 sentence 4 no. 3 h) and i), sentence 5 EnWG. § Section 21 para. 3 sentence 4 no. 3 h) and i), sentence 5 EnWG, the BNetzA published the draft for the appropriate determination of the distribution of additional costs from the integration of renewable energies (Ref.: BK8-24/001-A). This step is crucial in order to distribute the costs more fairly across all electricity consumers and to reduce the grid fees in regions with a strong expansion of renewable energies. 💡 Background The electricity distribution grids are being expanded and digitalised in order to transport locally generated renewable electricity more efficiently. This grid expansion leads to additional costs that vary from region to region, as wind turbines are mainly installed and operated in the north and large ground-mounted photovoltaic systems are mainly installe…

On 7 May 2024, the Lüneburg Higher Administrative Court strengthened the consideration of climate protection issues in planning approval procedures by means of a ruling (case reference: 7 MS 83/23). A recognised nature conservation association had brought an action against the planning approval decision for the construction of a landfill site. The court found that the climate protection targets in accordance with the Federal Climate Protection Act (KSG) were not sufficiently taken into account in the planning approval procedure. 🚫 🔍 Key points of the decision: ◾ Weighing up errors: climate protection targets must be included in the decision-making process. ◾ Investigation effort: CO2-relevant effects of the project must be determined. ◾ Actionability: Nature conservation organisations can have the proper inclusion of climate protection concerns reviewed in court. The court has restored the suspensive effect of the action, which …

The 4th Senate of the Düsseldorf Fiscal Court ruled on 21 February 2024 that the electricity tax relief for the withdrawal of electricity for electrolysis in accordance with Section 9a (1) no. 1 of the German Electricity Tax Act (StromStG) could not be granted for electricity consumption in chemical production by means of the so-called electric arc process because it is undisputed that no reduction-oxidation processes take place at the electrodes in the process used by the plaintiff. Contrary to the plaintiff's opinion, it is also irrelevant whether the extraction of the electricity serves two purposes. As a result, the 4th Senate of the Düsseldorf Fiscal Court dismissed this action, but allowed an appeal in accordance with Section 115 (2) FGO. In the meantime, an appeal has been lodged against this judgement. The BFH is conducting these proceedings under case number VII R 6/24. Düsseldorf tax court, judgement from 21/02/2024, 4 K 483/23 VSt

The Solar Package I was passed by the Federal Government. The law to increase the expansion of photovoltaic energy generation is to be debated in the Bundestag in autumn and enter into force at the beginning of 2024. In order to accelerate the expansion of photovoltaics and to reduce bureaucracy, the cabinet envisages the following concrete measures: 1. acceleration of PV expansion 2. nature conservation and agriculture 3. stronger support for innovative PV systems 4. reduction of bureaucracy for balcony PV and tenant electricity 5. obligation to tolerate the laying of cables Further information in the article by the federal government. Photo: IMAGO/U. J. Alexander