On behalf of the Onshore Wind Energy Agency (FA Wind), the law firm Becker Büttner Held (BBH) has developed the contractual basis for the participation of municipalities in the earnings of onshore wind energy installations. The sample contract is intended to help improve the acceptance of onshore wind energy at local level. A working group initiated by FA Wind including the municipal umbrella organisations and energy industry associations was also involved in the development.

Pursuant to sec. 36k Renewable Energy Source Act 2021 (Erneuerbare-Energien-Gesetz – EEG 2021), operators of onshore wind energy installations may offer municipalities affected by the erection of the wind energy installation a share in the earnings by means of unilateral payments without receiving a consideration in return. Such contracts may already be concluded before the wind energy installation is approved under the Federal Immission Control Act (Bundes-Immissionsschutzgesetz – BImSchG). The sample contract published by FA Wind establishes a standard for such contracts in the sector. The background and legal context will be explained in a comprehensive supplementary sheet to the contract.

“With our sample contract, which we developed on the basis of a very constructive exchange with the energy sector and municipal representatives, section 36k of the Renewable Energy Sources Act 2021 can be more easily implemented at local level,” states BBH partner Jens Vollprecht. “Installation operators and municipalities will be provided with an effective tool to increase the value added in the region and strengthen the acceptance of wind energy”, adds Dr. Wieland Lehnert, partner counsel at BBH.

Becker Büttner Held is a leading provider of advisory services for energy and infrastructure companies and their customers. Energy and supply companies, particularly public utilities, municipalities and local authorities, industrial companies and international groups are among its core clients. BBH advises these and many other companies and organisations in all legal matters and also assists them with business and strategic advice.

Contact:
Prof. Dr. Ines Zenke                                                  
Lawyer (Rechtsanwältin), Partner
Phone +49 (0)30 611 28 40 - 179                                  
ines.zenke@bbh-online.de                                    

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