Offshore Wind Worldwide 2022 edition - Flipbook - Page 96
96
Administrative decisions in general,
including permits such as the planning
approval, are subject to a staggered concept
of remedies (first stage: administrative
opposition proceeding, second stage: action
before the administrative court) filed by the
applicant (i.e. the OWF owner) or third
parties until one month after the decision
has been notified to the respective person. In
case of a planning approval, an action can be
directly filed without completing an
opposition procedure first. Notifications of
administrative decisions in general take
place individually, which means there can
always be a risk that a remedy period is still
running for unidentified individuals which
have not been notified individually but are
affected by the planning. However, in case of
planning approvals, notification takes place
by displaying a hard copy of the planning
approval for two weeks in the respective
municipalities where the project has an
impact. After the two weeks’ period, the
planning approval is deemed to be notified
towards all affected persons and as such is
final and binding. After that time the
planning approval is only subject to
cancellation in very exceptional cases, e.g.
where the cancellation is reserved or the
permit holder does not comply with ancillary
conditions.
Hogan
Lovells
Germany
IV. Offtake/PPA
A. Offtake, remuneration
and tariff scheme
The Renewable Energies Act provides for a
public incentive payment in the form of a
market premium and in some minor cases in
the form of an FiT. The OWF owner who
wishes to receive the market premium must
enter into a PPA with an offtaker. MP
payments are only made for calendar
months during which the electricity is
directly sold under a PPA (mandatory direct
marketing).
The Renewable Energies Act does not
contain any specific stipulations for the
content of such PPAs, but there is a certain
established market practice as to the usual
and required contents.
Operators of OWTGs may also choose to
refrain from claiming MP payments and sell
the electricity under a PPA (other direct
marketing).
B. Consequences of a project delay
The consequences of delayed project
completion with regard to the offtake regime
in general depend on the respective
provisions in the PPA. Usually a delay of the
project or OWTGs would, after elapse of a
grace period, entitle the offtaker to demand
a reasonable adjustment of the price.
Additionally, termination remedies would
normally be available for prolonged force
majeure events.