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

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

2. Solar Energy in Germany • Introduction • Our main fields of activities • Help in case of construction or rehabilitation • Administrative and communal advice • Building regulations and project planning

3. 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

4. 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

5. 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

6. 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

7. Solar Energy in Germany • Beginning • Renewable Energy Supporting Act (1990) → No adequate Benefits for PV • 10.000 Roof-Program → Financial Support Program • Regional Beginnings → Solar Regulation Draft in Berlin • Renewable Energy Sources Act of 21 July 2004 • 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 • Guaranteed compensation for PV-plants

8. Overview compensations for solar electricity (§ 11 EEG)

9. Receiving of the obligatory compensation • 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

10. 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)

11. Realisation of the obligatory compensation • 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 • Enforcement of the compensation against the grid – and transmission system operators

12. Solar Energy in Germany • 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 • Prove of the compensation ability • No control authority • Legal opinion • Certified accountants

13. Solar Energy in Germany • Undefined law terms • “Building structures” • “Sealed, converted, free land” • “Local development plants” • Risk of compensation • Financial security • Liquidity • Costs of construction

14. Solar Energy in Germany • 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