INHALT

Commission Implementing Decision (EU) 2023/1978 of 21 September 2023 on the applicability of Article 34 of Directive 2014/25/EU of the European Parliament and of the Council to the award of contracts for the activities related to the generation and wholesale of electricity from renewable sources in Germany, with the exception of electricity from renewable sources generated in installations that went into operation before 1 August 2014 and still receive public funding and activities related to the generation and wholesale of electricity from offshore wind farms commissioned after 1 January 2012 and subject to the 2012 Renewable Energy Sources Act (Erneuerbare-Energien-Gesetz) in Germany (notified under document C(2023) 6271) (Only the German text is authentic) (Text with EEA relevance)

COMMISSION IMPLEMENTING DECISION (EU) 2023/1978
of 21 September 2023
on the applicability of Article 34 of Directive 2014/25/EU of the European Parliament and of the Council to the award of contracts for the activities related to the generation and wholesale of electricity from renewable sources in Germany, with the exception of electricity from renewable sources generated in installations that went into operation before 1 August 2014 and still receive public funding and activities related to the generation and wholesale of electricity from offshore wind farms commissioned after 1 January 2012 and subject to the 2012 Renewable Energy Sources Act (Erneuerbare-Energien-Gesetz) in Germany
(notified under document C(2023) 6271)
(Only the German text is authentic)
(Text with EEA relevance)
1.
FACTS AND PROCEDURE
2.
LEGAL FRAMEWORK
3.
ASSESSMENT
3.1.
Unrestricted access to the market
3.2.
Competition assessment
3.2.1.
Relevant product market definition
3.2.2.
Relevant geographic market definition
3.2.3.
Market analysis
3.2.3.1.
Market shares and overall assessment of the electricity generation market in Germany
3.2.3.2.
Renewable electricity generation and wholesale installations that can receive a remuneration independent of market prices (i.e. subject to a fixed feed-in tariff
(19)
and to the tenant electricity surcharge
(20))
3.2.3.3.
Renewable electricity plants that receive a remuneration linked to market prices (i.e. subject to direct marketing with legally determined value applicable
(21)
, direct marketing with applicable value determined through tenders
(22)
, post-subsidised old renewable electricity plants
(23)
and renewable electricity plants subject to other direct marketing
(24))
4.
CONCLUSION
Article 1
Article 2
Article 3