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German

ID: <

10670/1.un3hdg

>

·

DOI: <

10.30819/5215

>

Where these data come from
Technology openness and implementation rate in legal comparison between German EEG tenders and Brazilian electricity auctions
Disciplines

Abstract

This work systematises the Brazilian electricity auctions already introduced in 2005 comprehensively for the first time and assesses them on the basis of expert interviews and empirical surveys. The functional comparison with the German tender model provides important insights for the EEG 2017 in the area of technology openness and the rate of implementation of projects awarded. Because, as a result of a low number of participants, the EEG calls for tenders are largely in breach of the EU law requirement of the 2018 RES Directive on the competitive award of funding. They also fail to meet the national targets for development. The proposed solution is a draft regulation based on Brazilian legislation on the automatic cross-technology redistribution of the service tendered. This work also shows that the rules of the EEG 2017 hardly penalise project termination. Consideration should therefore be given to penalising project terminations with the exclusion of future tenders, following the Brazilian model. A functional legal comparison of German renewable energy auctions, introduced comprehensively in 2017, with Brazilian energy auctions, introduced already in 2005, providing relevant insights for the German system. This work offers the first comprehensive systematisation of relevant Brazilian regulations, and assesses their effectiveness using expert interviews and empirical analysis. It highlights several solutions to problems regarding technology neutral auctions and the realisation rate of successful projects, that could be valuable for the German model. Th e to low participant numbers, many German energy auctions violate the european energy directive of 2018, which states that awarding of funding must be competition-oriented. This work proposes a solution to this problem, based on a similar mechanism adopted by Brazilian regulations, which automatically redistributes tendered capacity across different technologies. Legal comparisons made in this work show that project cancellations in Germany are not Sanctioned sufficiently. As such, to ensure that expansion targets are met, it is worth considering following the Brazilian example of sanctioning project cancellations by limiting participation in future auctions.

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