Information on the EAG amendment 2022

Mar 11, 2022 Benn-Ibler Rechtsanwälte

An amendment to the Renewable Energy Expansion Act (Erneuerbare-Ausbau-Gesetz, EAG) recently came into force. According to the committee report, the changes are mainly due to requirements resulting from the European Commission's notification procedure under state aid law. The main changes are briefly described here.

Section 7 para 3a EAG

The Minister of Energy may now, in agreement with the Minister of Economic Affairs, reduce the annual tender volume of a technology by a maximum of 50% as of the publication of the integrated network infrastructure plan (NIP, Sec. 94 EAG) if the bid volume submitted in a bidding deadline was smaller than the tender volume and it can be expected to fall below the expenditure volume in the future. This serves to ensure effective competitive tendering.

Sec. 43a EAG

The award value for all successful bids for small wind turbines (max. 20 MW) and wind turbine generators of Renewable Energy Communities and Citizen Energy Communities shall be equal to the bid value of the highest bid still accepted on the same bid deadline (pay as cleared price rule).

Secs. 44a to 44f EAG

Regulations for cross-technology tenders of wind turbines and hydropower plants are established. Plant categories that have a disproportionate competitive advantage due to low production costs can be excluded from a cross-technology tender by ordinance. A separate maximum price is also to be set for cross-technology tenders (Sec. 44d). The time limit for commissioning of wind power and hydropower plants is 36 months from the date of publication of the award (Sec. 44f para 1) and may be extended if the reasons for the delayed commissioning are beyond the control of the bidder (para 2).

Secs. 72 and 72a EAG

If the exemption from the renewable support fee, the renewable support contribution and the green gas support contribution is refused, an administrative decision must now be issued, which may be contested before the Federal Administrative Court.

Sec. 79 para 4 EAG, Section 16b Electricity Industry and Organisation Act 2010

It is clarified that the Trade, Commerce and Industry Act (Gewerbeordnung) 1994 does not apply to activities of Renewable Energy Communities and Citizen Energy Communities.

BGBl I Nr. 7/2022 (14.02.2022)