Annual statement pursuant to EEG

Pursuant to Section 77 para 1 (2) of the 2023 German Renewable Energy Act (EEG 2023), transmission system operators are required, in the context of disclosure under Section 51 para 1 of the Energy Financing Act (EnFG), to publish on their websites a report on the calculation of the data as communicated by them for their Annual Statement in accordance with Sections 70 to 73 of EEG 2023 immediately following 30 September of each year, and to keep this report available until the end of the following year.

Principles

In the context of EEG 2023, transmission system operators (TSOs) assume the role of system operators with an obligation to accept delivery (with the exception of TransnetBW GmbH) as defined in Section 11 EEG 2023 in respect of facilities regulated by the EEG that are connected either directly or indirectly, and also the role of TSOs responsible for control in accordance with Section 3 (44) EEG 2023.

In the role of system operators with an obligation to accept delivery, TSOs accept the physical delivery of electricity from facilities covered by EEG 2023 that feed directly or indirectly into the grid and remunerate them in accordance with Sections 19 ff. EEG 2023. If the operator of reserve providing units asserts the appropriate claim under Section 19 EEG 2023 in conjunction with Section 21 EEG 2023, the obligation to accept delivery also includes commercial acceptance. In their role of TSOs responsible for control, TSOs accept EEG electricity remunerated in accordance with Section 19 para 1 (2) EEG 2023 from downstream distribution system operators (DSOs) in their control area. The EEG electricity thus accepted by the TSO is sold on the electricity market (as defined in Section 3 (43a) EEG 2023) pursuant to Section 2 of the Renewable Energy Ordinance (EEV) in accordance with the law. Further, the TSOs reimburse their downstream DSOs for payments regulated by EEG 2023 made in accordance with Section 6 para 5, Section 19, Section 38d or Section 50, and payments made under the provisions of earlier versions of the EEG. In return, grid fees avoided under Section 18 of the Electricity Network Charges Ordinance (StromNEV) and not paid to operators of reserve providing units, and any payments for breaches of duty, must be paid by the DSO to the TSO in accordance with Section 52 EEG 2023. The difference between the outgoings (e.g. payments for subsidies to the DSO, market access costs or costs of balancing energy) on the one hand and income (e.g. market yields) on the other, is settled by way of a compensation claim in accordance with Section 6 EnFG.

Calculation of EEG electricity volumes fed directly or indirectly into the transmission system

Operators of facilities regulated by the EEG whose systems are connected to the grids of the TSOs in question, either directly (with the exception of TransnetBW GmbH) or indirectly, were required to supply the data needed to enable payment of remuneration and nationwide balancing in accordance with Sections 70 and 71 EEG 2023, unless the TSOs in question already held that data.

Calculation of EEG electricity volumes fed in and remunerated

The DSOs were requested in writing to make available the data described in Section 55 para 1 EnFG in conjunction with Section 50 (2) (a) and (c) EnFG (DSO Annual Return Pursuant to EEG) by 31 May and have it certified by an auditor in accordance with Section 2 (12) EnFG (“DSO EEG Certification”). The DSO Annual Return was drawn up electronically. The DSO certificates received were recorded and plausibility-checked, and a comparison with available DSO Annual Returns was produced. If any deviations or irregularities were detected, any unresolved points were clarified in a bilateral exchange with the DSOs. The DSO Annual Returns contain, for each individual facility regulated by the EEG, the associated electricity volumes, remuneration payments, and any grid fees avoided (if relevant to the facility in question) and/or payments for breaches of duty. The DSO certificates compiled and certified the details provided in the DSO EEG Annual Return, broken down by primary energy source. The claim accruing to the DSO for equalisation of financial burden is calculated by adding the certified values.

Calculating electricity volumes subject to EEG levies (supplementary volumes)

In the course of abolishing the Renewable Energy Act (EEG) levy with effect from 1 January 2023, TSOs advised their EEG levy customers that supplementary volumes in respect of electricity volumes subject to the EEG levy had to be reported to the appropriate TSO responsible for control as part of an annual return by no later than 31 May. A notice to this effect was posted on netztransparenz.de.

In addition, in their certificates pursuant to Section 55 para 1 EnFG for prior performance years, DSOs also communicate EEG levy payments relating to self-supply for which the DSOs are responsible in accordance with Section 66 para 1 EnFG in conjunction with Section 62 EEG in conjunction with Section 61j para 2 EEG 2021.

Corrections to electricity volumes subject to the EEG levy are assigned to the EEG account.

Summary certification

The data on the EEG Annual Return contributed by the TSO in question in the context of control area certification is compiled into a collective certificate and published on netztransparenz.de under this link.