1.1.1 The basic principle for energy policy is laid down in the German Energy Industry Act (Energiewirtschaftsgesetz (EnWG)). The purpose of the EnWG is to bring about a reliable, fairly-priced, consumer-friendly, efficient and environmentally compatible supply of electricity and natural gas, increa Contact online >>
1.1.1 The basic principle for energy policy is laid down in the German Energy Industry Act (Energiewirtschaftsgesetz (EnWG)). The purpose of the EnWG is to bring about a reliable, fairly-priced, consumer-friendly, efficient and environmentally compatible supply of electricity and natural gas, increasingly based on renewable energies.
Energy The Energy Act assigned the task of regulating Germany''s electricity and gas markets to the Bundesnetzagentur. The purpose of regulation is to establish fair and effective competition in the supply of electricity and gas.
General information on energy regulation. The Bundesnetzagentur and the regulatory authorities of the federal states are responsible for regulation of the gas and electricity networks. Retail price controls are not part of their remit. For further information please go to Responsibility and Task Delimitation.
According to the EEG, the amount of electricity generated from renewable energy sources in gross electricity consumption shall be increased to 80% by 2030. Until 2030, Germany will achieve a generation capacity of 115 GW onshore wind, 215 GW solar power and 8.4 GW biomass.
1.2.6 Most generated electricity in 2012 was generated from coal (around 43% of all
The Bundesnetzagentur and the regulatory authorities of the federal states are responsible for regulation of the gas and electricity networks. Retail price controls are not part of their remit.
For further information please go to Responsibility and Task Delimitation.
The Bundesnetzagentur''s aim is liberalisation of the energy markets. Liberalisation began at European level some years ago and has been taken forward by EU directives. Further information is available at History of liberalisation.
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(1) Electricity falling within the heading 2716 of the Combined Nomenclature shall be subject to electricity duty in the fiscal territory. "Fiscal territory" shall mean the territory of the Federal Republic of Germany, excluding the territory of Büsingen and the Island of Heligoland. The electricity duty is an excise duty within the meaning of the Fiscal Code (Abgabenordnung).
(2) For the purposes of this Act, "Combined Nomenclature" shall mean the goods nomenclature pursuant to Article 1 of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, p. 1; L 341, p. 38; L 378, p. 120; 1988 L 130, p. 42) in the version in effect on 1 January 2002.
For the purpose of this Act, the following definitions shall apply:
(2) It is not permissible to benefit from or claim a tax exemption, tax reduction or tax relief which is deemed to constitute state aid pursuant to subsection 3, if the company is in difficulty
If a company has benefited from a tax exemption or claimed a tax reduction, the company concerned must immediately notify the competent main customs office if it is in difficulty within the meaning of the first sentence above. If an application to benefit from a tax reduction is made, the company must declare, when applying, that no situation as set out in the first sentence above applies.
(3) Section 9 subsection (1) numbers 1 and 3 and section 9 subsections (2) and (3), sections 9b, 9c and 10 of this Act shall be considered state aid within the meaning of Article 107 of the Treaty on the Functioning of the European Union for which notification to the Commission is required or for which Commission approval is required.
(1) Any person with registered office in the fiscal territory wishing to provide electricity or wishing, as an autoproducer, to withdraw electricity for own consumption or wishing, as the final consumer, to procure electricity from a territory outside of the fiscal territory shall require a licence to do so. A licence as autoproducer shall not be required where the autoproducer is the holder of a licence as supplier or insofar as the autoproducer withdraws electricity for own consumption which is tax-exempt pursuant to section 9 subsection (1) number 3 letter a numbers 4 or 5.
(2) The licence shall, upon application and subject to revocation, be granted to persons in relation to whom no concerns exist as to their tax compliance and who – insofar as required to do so under the Commercial Code (Handelsgesetzbuch) or Fiscal Code – keep orderly commercial records and compile annual accounts on time.
(3) Where there are indications that the tax may be at risk, the licence shall be made contingent on the provision of a guarantee of up to the value of the duty expected to be generated over two months, based on the annual average.
(4) The licence shall be revoked where one of the conditions Ele to subsection (2) above is no longer fulfilled or a requested guarantee is not provided.
(1) Tax shall become chargeable when electricity provided by the supplier resident in the fiscal territory is withdrawn from the supply grid by final consumers in the fiscal territory, or when the supplier withdraws electricity from the supply grid for own consumption. For autoproducers, tax becomes chargeable, subject to sentence 1, when electricity is withdrawn for own consumption in the fiscal territory.
(2) The tax debtor shall be the autoproducer in the cases set out in subsection (1) second sentence; the tax debtor shall be the supplier in the case set out in subsection (1) first sentence.
(4) Stationary battery storage systems which serve to store electricity on a temporary basis and subsequently feed it into an supply grid are considered components of that electricity supply grid.
(1) In the case of electricity for which tax has become chargeable pursuant to section 5 subsection (1) or section 7, the tax debtor shall be obliged, subject to subsection (9), to submit a tax return and calculate the taxes therein himself (tax declaration).
(2) The tax debtor may choose between submitting either a monthly or an annual tax declaration. Each respective option may only be exercised for one calendar year. The choice is to be effected by means of a declaration that shall have been submitted to the main customs office by 31 December of the previous year at the latest. If the declaration is not submitted on time, the tax is to be declared and paid annually.
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