Hogan Lovell OffshoreBook 2023 230809 OnlinePDF - Flipbook - Page 112
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Germany
the successful bidder for a particular site.
Hitherto, under the old revision of the Offshore Wind Energy Act, the tender process
was a uniform one for all sites and all sites
were centrally pre-investigated. The designs
of the tenders now materially differ depending on whether or not a pre-investigation is
applicable for the site:
(i)
Sites without pre-investigation:
Sites without pre-investigation
continue to be eligible for receiving public subsidies in the form
of a market premium (or feed-in
tariff alternatively) and the basic
tender concept now applicable for
such sites is the same as hitherto
applied for pre-investigated sites.
As part of the 2023 revision of the
Offshore Wind Act a second tender
level has been introduced with a
"dynamic tender procedure" which
is an auction.
As before, the tender process is
designed in a way that the bidder offering the lowest bid value
receives the award. The bid value of
the successful bid then equals the
so-called "applicable value" which
is the important factor in calculating the amount the operator of
the OWTG will receive as market
premium or feed-in tariff. Currently,
the maximum bid value for the tenders in 2023 and later are capped at
6.2 cent/kWh.
If there are more than one zero cent bids, the
successful bidder is not chosen anymore by
lot (as before) but by applying an auction
process pursuant to which all bidders with
zero cent bids submit further bids with
increasing bid values in Euros per MW. Such
rounds are conducted until only one bidder
is left. The bid value then equals the payment the bidder is obliged to make for each
MW of the relevant tendered volume.
(ii)
Sites with pre-investigation:
Sites with a pre-investigation are no
longer eligible for receiving public
subsidies. Tenders for such sites
are now designed in a way that the
evaluation of the bids is not only
done based on the bid values but
on basis of four other material bid
criteria. A further important change
is that the bid value now represents
the (willingness to make) payment
to be made for each MW of the
tendered volume. Accordingly, the
bid with the highest bid value wins
the respective evaluation. Apart
from the bid value (in Euro per MW)
the bid also needs to include the
following information:
(1) in respect of the manufacturing
process for the OWTGs: the
ratio of the use of unsubsidized
renewable electricity, the total
electricity demand and the ratio
of the use of green hydrogen to
the total energy demand not
covered by electricity;
