A study by the Stiftung Umweltenergierecht analyzes the EU requirements for repayment instruments in the EEG 2023. Whether and how a repayment instrument – for example in the form of bilateral contracts for difference (CfD) – must be introduced depends on the specific design as a direct price support system, according to the authors. A support instrument that only has an indirect price support effect would therefore not lead to an obligation to introduce CfDs or comparable systems. How the production-independent support instruments currently under discussion fit into this category therefore depends on their specific design.
According to the study, an obligation to introduce reimbursement instruments may also arise from EU state aid law. However, only if there is no other way to ensure an appropriate level of support. Furthermore, in contrast to a CfD, no limitation of market revenues is required. The repayment could also only relate to the benefits resulting from the support granted.
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