• EEG 2021
• WindSeeG 2020

In contrast to the classic market premium, the sliding market premium provide subsidies through an auction procedure. The total tendered subsidies electricity providers can apply for are defined for each year and renewable energy source in the §28 EEG 2021. Winning bids are selected based on price. In case of identical price bids, the smaller project with lower capacity is ranked first. Should price and capacity be identical, the ranking is decided by lot (§33 EEG 2020). The exact amount of the subsidy per kWh is calculated through the difference of a given value defined in the tendering procedure and the monthly market value of electricity (Annex 1 EEG 2021).
A plant operator benefiting from the market premium cannot use the electricity for self-supply and must sell it directly to a third party or a stock market (§ 20 par. 1 EEG 2021).
Applications through the tendering procedure are possible several times a year. Foreseen deadlines are the 1st of August, September, November, and December.
Energy communities can benefit from simplification of the tendering procedures for onshore wind turbines.

Installed capacity

Sliding feed-in premium (also called Contracts for Difference – CfD)

Plant operators (§ 3 par. 2 EEG 2021).
The requirements for energy communities are that:
• at least 10 natural persons are involved as voting members or voting shareholders,
• at least 51% of the voting rights are held by natural persons who for at least one year prior to the submission of the bid, have their primary residence in the district in which the wind turbines are to be erected, and
• no single member or shareholder holds more than 10 % of the voting rights (§ 3 par. 15 EEG 2017).
If an energy community consists of legal entities, each of these entities must fulfil these requirements.

Plant operators can apply via the website of the Federal Grid Agency for an auction. The given value and the entitled projects for the market premium are defined through the tendering procedure (§ 22 EEG 2021). Power plant operators can then apply for receiving the payment from the grid operators (§ 20 EEG 2021).
The simplification of the tender procedure for energy communities includes among others:
• exemption in permitting requirements for erecting wind turbines;
• the award amount for the bid is the highest bid value awarded in each round
• more flexibility when it comes to the site of erecting the turbines
• the deadline to finalise the construction is prolonged by 24 months.

The Federal Grid Agency executes and oversees the tendering procedure (§ 22 EEG 2021). The Federal Government evaluates the implementation (§ 99 EEG 2021). Regional Governments are entitled to monitor the implementation (§ 98 EEG 2021).