The German Bundestag’s research service has raised doubts regarding the compatibility of the federal government’s so-called “grid package” with EU law. According to an expert opinion commissioned by the Green Party parliamentary group—which was made available to the news agency AFP on Thursday—planned restrictions on connecting new energy installations to the power grid may not be in line with EU law.
Image: Shutterstock
The grid package aims to manage the expansion of wind and large-scale photovoltaic (PV) installations by designating grid areas with bottlenecks as “capacity-limited.” Operators seeking a grid connection in such areas would only be granted one on the condition that they waive part of their compensation in the event of grid-related curtailment—that is, when facilities are shut down due to a surplus of electricity.
The German Bundestag’s Research Services division views this provision—the so-called “redispatch reservation”—critically. For instance, a grid area could be classified as “capacity-limited” for up to six years if the volume of redispatch—the frequency with which facilities had to be curtailed due to bottlenecks—exceeded five percent in the preceding year. According to EU law, however, such a designation should be based on “bottlenecks that concretely exist at the present time.”
Experts are also critical of the five-percent threshold for grid bottlenecks used last year, arguing that a genuine “lack of necessary capacity” would likely only exist well above a redispatch volume of five percent. Furthermore, bottlenecks can sometimes originate from a “cascade” effect triggered by upstream transmission system operators. In addition, designating entire regions as constrained areas might be too imprecise under EU law, as the European Court of Justice frequently requires case-by-case assessments.
The “grid package” is currently being debated in the Bundestag. Industry associations and the opposition have also leveled sharp criticism at the legislation—spearheaded by Federal Minister for Economic Affairs Katherina Reiche (CDU)—fearing that it will hinder the expansion of renewable energy in Germany.
“Now, even the Bundestag’s own research service has shown that the legal basis for the ‘redispatch reservation’ is shaky,” stated Green Party MP Alaa Alhamwi. “The expert report identifies the very problem areas that the industry has been pointing out for months.” A foreseeable consequence of the legislation, he added, would be legal disputes that undermine planning certainty.
Author: AFP – pe/oer
Sources: AFP Press Portal