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Confirmation of self-declaration in accordance with Section 32 of the Energy Supply Act (EnFG)

Employees in protective clothing in front of an industrial plant at dusk – symbolic image for the law on financing the energy transition in the electricity sector

Levy cap for electricity-intensive companies

The Energy Financing Act (EnFG) came into force on 1 January 2023 and replaces the previous regulations on the special equalisation scheme in the EEG. Since the abolition of the EEG levy, the procedure now only serves to limit the KWKG levy and the offshore grid levy.

From the application year 2023, every applicant company must operate an energy management system in accordance with Section 2 No. 3 EnFG. This can be a certified energy management system in accordance with DIN EN ISO 50001 or an environmental management system in accordance with Regulation (EC) No. 1221/2009.

In order to limit the levy(s), the companies concerned must provide additional services in return.

 

Offer

TÜV NORD CERT will prepare an offer for the confirmation of the self-declaration, as the previous scope of testing within the framework of a DIN EN ISO 50001- or EMAS audit does not fully cover the additional requirements of the EnFG. We look forward to receiving your enquiry.

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Assessment of economic efficiency

The assessment of economic efficiency (i.e. determination of "economic feasibility") is based on DIN EN 17463 (ValERI).

Standard procedure

Any measure is deemed to be "economically feasible" if it has a positive net present value after a maximum of 90 per cent of the intended useful life in the economic feasibility analysis as part of the energy management system, which has been determined on the basis of DIN EN 17463.

Transitional provisions pursuant to § 67

Paragraph 4 EnFG

In the application years 2023 to 2025, the company can declare that it will

  • will spend 50 per cent of the requested limitation amount on economically feasible measures that have been specifically identified in the energy management system in accordance with Section 30 No. 2 in conjunction with Section 2 No. 3 EnFG.

Paragraph 5 EnFG

In the application years 2023 to 2025, a measure shall also be deemed economically feasible if it ...

  • has a positive net present value after a maximum of 60 per cent of the planned useful life in the economic viability analysis in accordance with DIN EN 17463

or

  • has an amortisation period of less than 60 percent of the intended useful life in the profitability analysis using static methods (static amortisation). This option is only applicable for companies that introduced an energy management system before 1 January 2023.

Confirmation of the self-declaration by TÜV NORD CERT is linked to a review of the application of these methods.

Confirmed self-declaration

Since mid-May 2023, BAFA has been providing companies via the ELAN-K2 online portal with a form on which both the company's self-declaration and the confirmation by the authorised inspection body (TÜV NORD CERT) must be made. The title of the form is "Declarations on green conditionality".

BAFA leaflet Green Conditionality 2023

On 22 May 2023, BAFA published a corresponding leaflet "Green conditionality 2023", which specifies the requirements for providing evidence in accordance with Section 32 EnFG.

Material exclusion period pursuant to Section 40 EnFG

The material exclusion period for companies applying for a cap on the KWKG and offshore grid levy is 30 June of the respective application year.

According to the Energy Financing Act (EnFG), there is only a material cut-off period for submitting the auditor's certificate in accordance with § 32 No. 1 c) EnFG. The confirmation of the company's self-declaration by the body authorised to audit is not affected by the substantive exclusion period pursuant to Section 40 (2) sentence 1 EnFG.

Even if the company has not yet received the confirmed self-declaration, for technical reasons the company must tick the box under the "Energy efficiency" tab in the ELAN-K2 online portal when submitting the application to indicate that the confirmation has been received. Otherwise the company will not be able to submit the application.

Application procedure according to § 40 EnFG

Current information from BAFA on the application procedure can be found here.

Your path to certification in 7 steps

1

Step 01

Enquiry, offer preparation & explanation

2

Step 02

Commissioning & individual scheduling

3

Step 03

Audit: Understanding the organisation & determining readiness for certification

4

Step 04

Identifying potential for improvement

5

Step 05

Fast four-eye check & certificate creation

6

Step 06

External TÜV certificate

7

Step 07

Continuous further development of the management system & competitiveness

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