On April 15 this year the "Law for the implementation of Directive 2009/28/EC on the promotion of the use of energy from renewable sources (European Law Amendment Act Renewable Energies "EAG EE")" was published in the Federal Law Gazette.

Directive 2009/28/EG ("EU Directive on the promotion of the use of energy from renewable sources") is part of the European climate and energy package. It sets binding targets for the EU of a 20 percent share of renewable energies in final energy consumption of the EU by 2020. A national target of 18 percent is provided for Germany. This Directive introduces the first ever Europe-wide regulation covering all energy sectors (electricity, heating/cooling and transport).

In order to achieve this goal, the Member States may generally design their promotional instruments themselves in order to optimally achieve their potentials. Furthermore, the Directive introduces flexible mechanisms for cooperation between the Member States.

Major parts of the Directive 2009/28/EC have already been implemented ahead of schedule by the German Renewable Energies Act (EEG), the German Renewable Energy Energies Heat Act (EEWärmeG), the promotion of bio fuel and the sustainability directives. Thus, only details of the National Law had to be further adjusted to the Directive. These amendments are carried out by the EAG EE. The focal points of the EAG EE are the introduction of an electronic register of proof of origin as well as the exemplary function of public buildings. The Act particularly includes the following amendments to the EEG 2009:

The electronic issuing, transmission and invalidation of proofs of origin for electricity from renewable energies is enabled. These documents are issued for directly marketed energy from renewable energies. They can be used for electricity declaration. In this way, it can be evidenced towards the customer that the electricity used was generated from renewable energies. For this purpose, the EAG EE creates the basis for the creation of an electronic register for the proof of origin. Proofs of origin will not be issued by environmental experts any longer, but by the Federal Environmental Agency (UBA), which will also be in charge of the recognition, transmission and devaluation of the proofs. An ordinance is included in the EEG 2009 for the purpose of further design.

In case of profound renovation, public buildings are required to assume an exemplary function regarding the use of renewable energies. In order to implement this stipulation, the existing obligation of using the EEWärmeG is extended to include public modernized buildings; residential buildings are completely excluded in order not to put too much strain on private persons. Furthermore, the obligation only applies to public buildings which are owned by public authorities or which are intended to be rented by public authorities in future. This does not include buildings which the public authorities have already rented from private persons. In order to keep financial burdens as low as possible for the municipalities, but to comply with the European minimum standards at the same time, municipalities which are experiencing an acute budgetary emergency situation, are exempted from the obligation of use.

Furthermore, the draft act contains, among other things, selective improvements regarding grid connection of renewable-energy systems, for securing sufficient data in the fields of heating/cooling, energy statistics and the training of craftsmen, as well as regulation of the protection of confidence with the use of bio fuels.

Thus, the network operators are obliged to provide schedules for the processing of connection requests and for the establishing of the grid connection to anyone willing to feed-in as well as provide information on the determination of the grid connection point as well as a quotation regarding the costs occurring for the system operator due to the grid connection. The ordinance for the bio-fuel-energy sustainability Directive ("BioSt-NachV") will be amended and extended in order to enable the introduction of social sustainability criteria and regulations on the protection of confidence in the BioSt-NachV. In the field of the promotion of renewable energies, the degression with PV systems will be changed. Furthermore, the so-called privilege for green power will be restricted to 2 ct./kWh.