Offshore Wind Worldwide 2022 edition - Flipbook - Page 95
Offshore Wind Worldwide 2022
payments and, as ultima ratio, the
withdrawal of the bid award. The amount of
the penalties for failures to comply with the
above mentioned realisation times is as
follows: for (1) above: 100% of the security
amount; for (2) above: 100% of the security
amount; for (3) above: 70% of the security
amount; for (4) above: one twelfth of the
remaining security amount for each month
in which technical readiness for operation
has not been reached for at least one WTG;
and in relation to (5) above: the amount
which results from the amount of the
remaining security multiplied with the
quotient of the division of the installed
capacity of the WTGs not ready to operate by
the bid award volume.
In case the bidder fails to comply with the
realisation times for (1) above, (2) above or
(5) above, the Federal Network Agency is
bound to withdraw the bid award
irrespective of the penalties.
Penalties and withdrawal can only be
avoided if the delay was not attributable to
the bidder including contractors and
sub-contractors for the construction of the
OWF, and if it is predominantly likely that
upon cessation of the impediment the bidder
is willing and commercially and technically
able to realise the project without undue
delay.
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III. Public law and Regulatory Permits
The approval, construction, and operation of
OWTGs, GCSs, and other energy generating
facilities are subject to the permission
regime provided under the Offshore Wind
Energy Act if they are to be installed within
the German EEZ.
Previously, only grid-connected OWTGs
were subject to the permission regime under
the Offshore Wind Energy Act. Under the
2020 reform this has been changed. Now,
OWTGs are covered regardless of whether
they are to be connected to the (onshore)
grid or not.
The competent authority for applications
and procedures under the Offshore Wind
Energy Act is the Federal Maritime and
Hydrographic Agency. The type of permit
required is a planning approval. A planning
approval has, in contrast to other types of
public permits, a concentration effect, i.e. in
principle all required public permits are
concentrated in and granted by the planning
approval.
Within the 12nm zone, the construction and
operation of OWFs and other facilities
(cables etc.) are subject to the building and
other laws of the particular states.
Prerequisite for the application for and
determination of the planning approval for a
(grid-connected) OWTG is the receipt of bid
award under the tender procedure.