As part of the SiNED project, the Institute of German and International Mining and Energy Law addresses questions concerning the secure operation of electricity grids with a high proportion of decentralized generation. In a first article, the Institute analyzed the new regulation of the so-called exclusivity principle for temporarily stored electricity pursuant to Section 19 (3) to (3b), Section 85d and Section 100 (34) EEG, which came into force in 2024. In a second article, the new provisions are now evaluated and examined as to their conformity with EU law, among other things. In addition, the consequences of these new provisions for the interpretation of the exclusivity principle concerning the original electricity generation (Section 19(1) EEG) and for the definition of an installation („Anlage“, Section 3(1) EEG) are discussed both within the framework of EEG support as well as outside of EEG support. The article concludes with an outlook on upcoming changes to these provisions.
The article Weyer/Scheunert/Schlüpmann, Das neue Ausschließlichkeitsprinzip der Stromspeicherung (Part 2), can be found in EnWZ 2024, p. 447 et seq.
