Avoided Grid Fees (Section 18 of the Electricity Feed-in Ordinance (StromNEV)) – Draft Determination Available Since April 2025 – BDI Statement from May 2025

At the end of April 2025, the Grand Decision-Making Chamber of the Federal Network Agency published a draft determination regarding the current remuneration for decentralized feed-in (so-called avoided grid fees) and opened it for public comment.

The Federal Network Agency plans a phased reduction in payments for decentralized feed-in. Beginning January 1, 2026, the payments are to be reduced by 25 percent annually. Starting in 2029, no remuneration for decentralized feed-in will be paid out.

In our BDI statement from May 2025 (see statement), we point out that a gradual phase-out of the feed-in tariff for decentralized generation by January 1, 2029, would pose a high economic risk to facilities—particularly for numerous CHP plants. A phased phase-out would also contradict the goals of the coalition agreement and does not send a positive signal to investors who wish to contribute to achieving climate goals. The energy-economic justifiability and appropriateness of the avoided grid fees in their current form continue to be valid for numerous reasons. Furthermore, the alleged savings target of 1.5 billion EUR over three years cited by the Federal Network Agency’s Grand Decision-Making Chamber in the draft determination is itself being called into question.

Fees for singly used equipment (Section 19(3) StromNEV) – Draft decision has been available since June 2025 – BDI statement from July 2025

In June 2025, Decision Chamber 8 submitted a draft determination regarding the abolition of charges for individually used assets pursuant to § 19(3) StromNEV and opened it for public consultation.

The Federal Network Agency plans to discontinue the application of Section 19(3) of the StromNEV among redistributors (grid operators) effective January 1, 2026. According to the current draft, a transition period until December 31, 2028, is to apply to grid users within the scope of Section 19(3) of the StromNEV who are not secondary distributors (grid operators).

In the draft regulation, the Federal Network Agency explains that, in the course of price determination for the year 2025, numerous regional secondary distributors (grid operators) would have taken advantage of the option to change the billing level—either for the first time or again—by applying Section
19(3) of the StromNEV. Against this backdrop, the Federal Network Agency decided to exercise its right to amend the StromNEV
pursuant to Section 21(3), sentence 5, of the Energy Economy Act (EnWG) and to suspend the further application of Section 19(3) of the StromNEV in two stages.

In our BDI statement from July 2025 (see statement), we call for the payment of fees for singularly used operating equipment not to be abolished. The provision in Section 19(3) of the StromNEV should remain in effect beyond December 31, 2028. An abolition, as previously intended, would continue to be consistent with the principle of polluter pays. The expansion of direct lines would continue to be avoided. Furthermore, the option to use resources for single-use purposes is also essential for pooling. The elimination of the provision in Section 19(3) of the StromNEV would have significant technical and economic consequences. In addition, the present draft regulation lacks an impact assessment.

Assessment by the BDI – synchronization of the projects in terms of timing and content remains urgently necessary

The multitude of parallel processes—industrial grid fees, general grid fees (AgNes process), avoided grid fees, and single-use assets—follows no discernible logic. The BDI also notes with astonishment the Federal Network Agency’s proposed timeline moving forward. We had already stated in September 2024 in the BDI’s comment submitted as part of the public consultation on industrial grid fees that the intended timeline—even at that point—was neither logical nor appropriate.

This should, incidentally, also be done in the Federal Network Agency’s own interest. Otherwise, there would be a risk that the reforms initiated by the Federal Network Agency would not be coordinated with one another and might even have to be amended prematurely. This, too, would contradict the Federal Network Agency’s aim that the respective reforms “effectively fit into the overall structure of network charges” as well as the Federal Network Agency’s further goal of ensuring that the respective network fee reforms remain in effect for as long as possible—as stated by the Federal Network Agency in June 2024 in its key points on industrial network fees.

In our view, the new political landscape in Germany could also open up new perspectives overall and present opportunities in this regard.