Germany: regulator publishes draft determination for electricity grid charges from 2029 (AgNes)
01 de septiembre de 2026
Germany: regulator publishes draft determination for electricity grid charges from 2029 (AgNes)01 de septiembre de 2026 Why should I read this?On 6 August 2026, the German Federal Network Agency (Bundesnetzagentur – BNetzA) published its draft framework determination on the General Grid Charge Methodology for Electricity (AgNes). The draft determination provides for far-reaching changes to the electricity grid charges methodology, which are intended to apply from 1 January 2029. This includes the introduction of grid charges for feed-in by generation facilities as well as specific charges for electricity storage facilities and electrolysers. At the same time, grandfathering provisions are envisaged for project developers who make a final investment decision before the determination is announced (planned for 1 January 2027). What do I need to know?The following points set out in the draft determination are of particular interest to project developers and investors as well as electricity consumers: Consumption charges
Feed-in charges for generation facilities
Charges for electricity storage facilities
Special grid charges for electrolysers
Dynamic grid charges
Transitional provisions
What does this mean for stakeholders?After the BNetzA had initially considered an immediate abolition of the existing grid charge exemptions for electricity storage systems and electrolysers, the transitional provisions now contained in the draft determination provide for grandfathering for facilities with a final investment decision made before the determination is announced, which also apply to generation facilities (if applicable, coupled with electricity storage systems). Project developers and investors should therefore examine the conditions that their renewable energy, electricity storage or electrolyser projects must meet before the determination is announced (foreseen for 1 January 2027) in order to benefit from the 20-year exemption from commissioning (by 4 August 2029 at the latest). For generation facilities, as the case may be including facility-coupled electricity storage systems, that do not benefit from grandfathering, the introduction of feed-in charges represents a new fixed cost component. For subsidised facilities, these costs can be taken into account via bid prices (on auctions for renewable energy facilities from 2027, see: Eversheds Sutherland: Federal Government approves draft EEG 2027). For unsubsidised facilities, the additional costs must be reflected in PPA terms or earned on the spot market. In addition, developers of renewable energy projects must consider the construction cost contributions planned as part of the so-called grid package and the limitation of compensation payments for redispatch-related curtailment in capacity-limited areas (on this: Germany: Government adopts Grid Package (Netzpaket)). Feed-in charges must also be taken into account when assessing the economic viability of grid-connected electricity storage facilities without grandfathering. In contrast, dynamic grid charges may potentially offer additional revenue opportunities. However, this possibility will depend heavily on the detailed design yet to be determined. As large consumers, industrial companies and data centres in particular will typically fall under the future consumption charge model consisting of a capacity charge for reserved capacity and a two-tier energy charge. This could bring structural advantages with the replacement of the demand charge by the capacity charge; exceeding the pre-specified capacity no longer leads to an increase in the demand charge overall, but only to occasional increased payments of EC 2 for kWh outside the reserved capacity. Regardless of this, it should be examined on a case-by-case basis to what extent existing privileges under section 19(2) StromNEV can be utilised until 31 December 2031. Whether other privileges, such as the flexibility special grid charge currently under discussion, will be introduced through further determinations remains to be seen. What should I do next?The publication of the draft determination has launched a consultation procedure in which interested parties can submit comments until 18 September 2026. Given the planned announcement date of 1 January 2027, the determination is expected to be adopted before the end of 2026. Contactos clave
Dr. Martin Weitenberg Partner Dusseldorf, Alemania Dr. Arndt Scheffler Counsel Múnich, Alemania Alexander I. M. Wojtek, LL.M. (Duke) Partner Hamburgo, Alemania Dr. Silke Gantzckow, LL.M (Canterbury) Partner Frankfurt, Germany Dr. Navid Anderson, LL.M. (University of Edinburgh) Counsel Frankfurt, Germany Joel-Fiete Feld Senior Associate Dusseldorf, Alemania Tim Flaeper, LL.M. (Stockholm) Associate Frankfurt, Germany Últimas Alertas Informativas
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