New EAG subsidy regulations in force!

The subsidies under the Renewable Energy Expansion Act (EAG) represent an important step towards the energy transition. They create incentives and can therefore help increase the efforts to expand renewable energy sources. There are now changes to the requirements for granting investment subsidies and market premium subsidies. We have summarized the most important innovations for you below:

New regulations in effect

The regulations for the EAG subsidies have been adopted and came into force on March 15th. Despite concerns raised in advance regarding the reduced subsidy rates for PV projects, which could have insufficient incentive effects, the review phase did not result in any changes.

Dates for 2024

The funding calls for investment funding will take place this year from April 15th to April 29th, June 12th to June 26th and October 7th to October 21st. The bidding dates for market premium funding are as follows: 05/14, 07/09, 09/24 and 12/10/2024.

Investment subsidy: simplifications regarding the timing of application submission

A relevant change in investment funding arises from the fact that entrepreneurial plant operators can now submit their application for subsidies until the commissioning of the plant. Previously, this was only possible until the “start of work.” Consequently, the period for submitting an application may be significantly extended. This change had already been made for consumers in the past. With the new adjustment, the rules are harmonized and now apply to both private and commercial PV systems.

An additional requirement is that the start of work must not occur before April 21st, 2022. According to the legal definition, the “start of work” includes not only construction work, but also the legally binding commitment to order plant components, excluding the purchase of land or obtaining permits.

We have already reported in detail on the requirement that the application for an investment subsidy must be submitted before the “start of work.”

Market premium: adjustments

Adjustments have also been made to the market premium funding. As before, for photovoltaic systems installed on agricultural land or grassland, at least five of the measures listed in the regulation must be fulfilled. Two new measures have now been added: 1. Erecting perches and nesting aids for birds, bats and insects and 2. Increasing structural diversity by creating piles of dead wood and/or stones.

Federal Minister Gewessler: additional investment funding

Furthermore, Minister Gewessler announced over the weekend that this year an investment incentive of 150 million euros will be made available for the expansion of renewable energy sources. Of this amount, 135 million euros are allocated for photovoltaic systems. More information can be found here.

The expert team of the 360° Renewable Energy practice group is available to answer any further questions you may have on this topic.

Further information on the EAG subsidy regulations can be found on the 360° Renewable Energy website.

Disclaimer

This article is for general information only and does not replace legal advice. Haslinger / Nagele Rechtsanwälte GmbH assumes no liability for the content and correctness of this article.

 

20. March 2024

 

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