Germany: The big solar package that became a small wind package

On 19 January 2024, the German legislator passed a significantly shortened spin-off of the so-called Solar Package I. It comes into force one day after its (imminent) publication in the Federal Law Gazette.

The intention of the original bill was to implement the first part of Germany's  solar energy strategy. However, the scope of the planned measures became smaller and smaller during the legislative process. So, in the end, only a few measures were ready for decision, mainly concerning onshore wind: 

• The deadline for equipping wind turbines with aircraft detection lighting system (ADLS) that only switch on when needed at night (e.g. when a plane approaches) has been further extended to 1 January 2025. However, operators of new wind turbines that are commissioned before the end of 31 December 2024, are already obliged to submit a complete application for their ADLS without delay.
• The realization deadlines for onshore wind turbines are extended by six months to 36 months as are the corresponding penalty deadlines. This is to ensure that awarded contracts remain in place and projects can be realised despite the recent supply chain problems. 
• Under the pending original bill, certain system operators who are subject to the direct marketing obligation should alternatively be able to transfer the electricity they generate to the grid operator free of charge. This will be particularly interesting for rooftop solar systems with a high proportion of self-supply. In order to bridge the time until the of the original bill is passed, the spin-off act postpones the direct marketing obligation for systems with an installed capacity of up to 500 kW until 1 July 2024.

Regarding the original bill, plans are now to re-enter discussions soon. In an optimistic scenario, it could be finalised by the end of March 2024.

If you have questions on the impact of this piece of legislation, our energy experts would be very happy to discuss these with you.