1. [Gaßner, Groth, Siederer & Coll.] Dr. Jochen FischerPV Policy Group ProjectSolar Energy in Germany 1 st Meeting1 www.ggsc.de PV Policy Group Project 1 st Meeting „ Solar Energy in Germany“ Rechtsanwalt Dr. Jochen Fischer

2. [Gaßner, Groth, Siederer & Coll.] Dr. Jochen FischerPV Policy Group ProjectSolar Energy in Germany 1 st Meeting2 www.ggsc.de Solar Energy in Germany I.Introduction 1.Our main fields of activities 2.Help in case of construction or rehabilitation 3.Administrative and communal advice 4.Building regulations and project planning

3. [Gaßner, Groth, Siederer & Coll.] Dr. Jochen FischerPV Policy Group ProjectSolar Energy in Germany 1 st Meeting3 www.ggsc.de 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. [Gaßner, Groth, Siederer & Coll.] Dr. Jochen FischerPV Policy Group ProjectSolar Energy in Germany 1 st Meeting4 www.ggsc.de 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. [Gaßner, Groth, Siederer & Coll.] Dr. Jochen FischerPV Policy Group ProjectSolar Energy in Germany 1 st Meeting5 www.ggsc.de 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. [Gaßner, Groth, Siederer & Coll.] Dr. Jochen FischerPV Policy Group ProjectSolar Energy in Germany 1 st Meeting6 www.ggsc.de 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. [Gaßner, Groth, Siederer & Coll.] Dr. Jochen FischerPV Policy Group ProjectSolar Energy in Germany 1 st Meeting7 www.ggsc.de Solar Energy in Germany III.Renewable Energy Sources Act of 21 July 2004 1.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 2.Guaranteed compensation for PV-plants II.Beginning 1.Renewable Energy Supporting Act (1990) → No adequate Benefits for PV 2.10.000 Roof-Program → Financial Support Program 3.Regional Beginnings → Solar Regulation Draft in Berlin

8. [Gaßner, Groth, Siederer & Coll.] Dr. Jochen FischerPV Policy Group ProjectSolar Energy in Germany 1 st Meeting8 www.ggsc.de Overview compensations for solar electricity (§ 11 EEG) Installation on building/noise protection wall Installation on building structure Installation not located on buildings/building structures („free land“) →57,4 ct/kWh for capacity up to 30 kW →54,6 ct/kWh for capacity of 30 kW and over →54 ct/kWh for capacity of 100 kW and over + 5 ct/kWh, if plant is not integrated into the roof or designed to be the roof of building and it forms the substantial part of the building →compensation generally 45,7 ct/kWh →generally 45,7 ct/kWh certain legal preconditions concerning the planning (located development plan) located on plots of land which were already sealed or land converted from economic or military use or on green area used as cropland

9. [Gaßner, Groth, Siederer & Coll.] Dr. Jochen FischerPV Policy Group ProjectSolar Energy in Germany 1 st Meeting9 www.ggsc.de 3.Receiving of the obligatory compensation a)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. [Gaßner, Groth, Siederer & Coll.] Dr. Jochen FischerPV Policy Group ProjectSolar Energy in Germany 1 st Meeting10 www.ggsc.de b)Nation – wide equalisation scheme of the compensated electricity First step right to collect and compensate produced electricity of the plant operators against the grid system operators Second step right to collect and compensate electricity of the grid system operator against the transmission system operator Third step transmission 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 step right to collect and compensate of transmission system operators from grid system operators, which provide electricity to users (judgement)

11. [Gaßner, Groth, Siederer & Coll.] Dr. Jochen FischerPV Policy Group ProjectSolar Energy in Germany 1 st Meeting11 www.ggsc.de 4.Realisation of the obligatory compensation a)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 b)Enforcement of the compensation against the grid – and transmission system operators

12. [Gaßner, Groth, Siederer & Coll.] Dr. Jochen FischerPV Policy Group ProjectSolar Energy in Germany 1 st Meeting12 www.ggsc.de Solar Energy in Germany 2.Prove of the compensation ability No control authority Legal opinion Certified accountants IV.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

13. [Gaßner, Groth, Siederer & Coll.] Dr. Jochen FischerPV Policy Group ProjectSolar Energy in Germany 1 st Meeting13 www.ggsc.de Solar Energy in Germany 4.Risk of compensation Financial security Liquidity Costs of construction 3.Undefined law terms “Building structures” “Sealed, converted, free land” “Local development plants”

14. [Gaßner, Groth, Siederer & Coll.] Dr. Jochen FischerPV Policy Group ProjectSolar Energy in Germany 1 st Meeting14 www.ggsc.de Solar Energy in Germany V.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

15. [Gaßner, Groth, Siederer & Coll.] Dr. Jochen FischerPV Policy Group ProjectSolar Energy in Germany 1 st Meeting15 www.ggsc.de [ Gaßner, Groth, Siederer & Coll. ] Rechtsanwälte Stralauer Platz 34 10243 Berlin Tel. +49 (0) 30/726 10 26 – 0 Fax +49 (0) 30/726 10 26 – 10 E-Mail: berlin@ggsc.de Website: www.ggsc.de