Wind energy has been a success story in Germany up to now. In
2018, Germany's wind power generation, both onshore and
offshore, totaled nearly 60,000 MW, accounting for more than 20
percent of German electricity production. As discussed in a recent
Jones Day Talks podcast, both
operators of and investors in wind farms should be aware, however,
of a recent amendment to the German Renewables Energies Act
("EEG"), which will increase costs of operations for many
wind farms in Germany.
On December 21, 2018, the seventh amendment to the EEG was
enacted. The most relevant change to come out of this amendment is
the new obligation to equip wind turbines with need-controlled
nighttime identification. Prior to this amendment, wind turbines in
Germany with a height of 100 meters or more were required to be
marked by flashing signals at night for aviation security reasons.
However, the amendment requires that after July 1, 2020, plant
operators will be obligated to install