Regulations for system operators

Installations subject to levy (§ 13 StromPBG)

Any electricity generation plant with an installed capacity of more than 1 MW is deemed to be relevant for the levy. This does not apply to plants that generate electricity in a calendar month exclusively or predominantly on the basis of light heating oil, liquid gas, natural gas, biomethane, hard coal, blast furnace gas, coke oven gas or special gases from production processes in the chemical industry and the carbon black industry. Storage facilities with a capacity of more than 1 MW are also subject to the surplus revenue levy, provided they do not exclusively consume electricity from the general supply grid. To determine the relevant plant capacity, the plant aggregation pursuant to § 13 Para. 3 No. 2 StromPBG must be observed. If a system aggregation results for systems in the process of EEG support, this is to be applied analogously in the process of surplus revenue absorption by the StromPBG.

Levy periods (Section 14 (1) StromPBG)

Period 1: 01.12.2022 - 31.03.2023

Period 2: 01.04.2023 - 30.06.2023

Until May 31, 2023, the legislator had the option of extending the period of application of the StromPBG by ordinance until April 30, 2024 at the latest (Section 13 (2) StromPBG). According to a press release from the Federal Ministry for Economic Affairs and Climate Action, the German government will not extend the period of application of the relevant provision of the StromPBG.

Self-assessment by system operators (Section 29 StromPBG)

In April 2023, operators of levy-relevant installations were requested by the TSO to register in the corresponding data portal. Pursuant to Section 29 (1) nos. 3 and 4 StromPBG, AB are obliged to report the surplus revenue generated (levy amount) in the respective levy period to the respective TSO and provide corresponding evidence.

In order to support AB in determining the surplus revenue, the TSOs map the calculation methodology in their portals. The levy amounts are determined in the respective TSO portals on the basis of plant-specific input values. The data reporting (feed-in time series, redispatch time series and price information for plant-specific marketing) is carried out using a standardized Excel file.

Here AB can find a tool provided by the four TSOs for calculating the surplus revenue as well as corresponding explanations and information on the timing of the levy.

If options are exercised in accordance with § 17 No. 1 or § 18 StromPBG, further information must be submitted for each levy period. The additional Excel file provided for this purpose and corresponding explanations are available here.  

Once the data report has been successfully confirmed, AB will receive a receipt file in PDF format for each DSO to download for the levy period. The receipt file contains, among other things, information on the aggregated levy amount per DSO and a unique transaction number.

The data reporting function is available in the portal of the respective TSO.

The following statutory deadlines for data reporting by AB to the TSO are defined for the levy periods:

Absorption period 1: 31.07.2023

Levy period 2: 31.10.2023

TSOs must transmit the levy amounts reported in the respective TSO portal to the respective access network operator (ANB) using the receipt files provided by the portal so that the ANB can levy the amounts on this basis. In order to simplify this data exchange process, the TSOs also make the data from the receipt files available to the respective ANB via the portal.

Payment of the levy to the connection grid operator (Section 14 (1) StromPBG)

The following statutory deadlines for payment of the absorption amounts by the AB to the ANB are defined for the absorption periods:

Levy period 1: 15.08.2023

Levy period 2: 15.11.2023

Details on the payment modalities are to be clarified with the respective applicant.

Graphic representation of the skimming process:

The BMWK has published further information on the electricity price brake on its website.

For questions about the energy price brakes (including the electricity price brake), the Federal Ministry of Economics and Climate Protection (BMWK) has been running a free hotline on 0800 - 78 88 900 since March 1, 2023. It also answers questions on the absorption of surplus revenues from the AB.