Photovoltaik auf Agrarflaechen/en

Photovoltaics on agrarian land

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Go to application ‘Photovoltaics on agrarian land’

Note

For ground-mounted PV systems whose operators receive funding under the Renewable Energy Sources Act 2023 (EEG), the EEG provides for a comprehensive reform with "Solar Package I", which came into force on 16 May 2024.

Until "Solar Package I", the state governments were able to stipulate in a statutory ordinance that bids for ground-mounted PV systems could be considered for their state territory if the parcels of land were used as arable land or grassland and were located in a less-favoured area at the time of the decision to draw up or amend the development plan. Saarland has made use of this regulation with the "Ordinance for PV on Agricultural Land (VOEPV)" and has made a list of offers available via the geoportal. The amendment that has now come into force via the EEG (Section 37 (1) no. 2 h and i) provides for an "opt-out" regulation regarding awards for bids (1st segment tenders - BNetzA) on land in agricultural less-favoured areas. According to the new regulation, the federal states must therefore take active steps to remove disadvantaged areas from the EEG support framework. To this end, the federal states can use defined threshold values and exclusion areas as a guide. Furthermore, the "Solar Package I" (Sections 37 (1a), 48 (6) EEG) defines new minimum criteria that will apply to all subsidised ground-mounted PV systems in future, whereby at least three of the five criteria must be fulfilled. The areas in the VOEPV's list of available sites continue to represent suitable areas for the realisation of ground-mounted PV systems in terms of state planning and nature conservation law.

In this context, the state government is currently examining the amendment of the VOEPV or the new regulation on the part of the state; until then, reference is made to the currently valid federal legislation in the EEG.
If you have any questions, please contact the Energy Policy Department.

Description

The state government has set itself the target of further expanding the percentage of green electricity consumed in Saarland beyond the 20 percent mark already achieved in 2020.

To address the issue of a lack of space for installing photovoltaic plants, the Ministry for Economic Affairs, Labour, Energy and Transport convened a roundtable for photovoltaic systems on agrarian land. Headed by Dept. F/1 (Fundamental Issues in Energy and Climate Policy) within the Ministry for Economic Affairs, Labour, Energy and Transport, other members of this roundtable included the Farmers Association, the Chamber of Agriculture, project planners from the photovoltaic industry, citizen energy cooperatives, state planning (Ministry for Internal Affairs, Construction and Sport) and experts working in conservation and agriculture (Ministry for the Environment and Consumer Protection). Dept. F/1 (State Monuments Office) from the Ministry for Education and Culture also attended sessions in an advisory role

A basic agreement was achieved by roundtable members, whereby an ordinance as recommended by the Saarland Energy Council was to be created at state level corresponding to the option set out in the German Renewable Energy Sources Act for utilising agrarian land in disadvantaged areas for ground-mounted photovoltaic arrays. In accordance with the terminology used in section 3(7) of the Renewable Energy Sources Act, ‘disadvantaged areas’ are understood to mean areas as defined by Council Directive 86/465/EEC of 14 July 1986 concerning the Community list of less-favoured farming areas within the meaning of Directive 75/268/EEC (OJ L 273 of 24/09/1986, p. 1), as amended by Commission Decision 97/172/EC (OJ L 72 of 13/03/1997, p. 1). The decision-making process was complemented by a consultation involving public-sector agencies, some of whose requests for changes were taken into account when designating suitable areas or were referred for a final decision to local government authorities.

Saarland’s state government adopted this ordinance on 27 November 2018.

Since that date, contracts for the 100 MW peak of capacity named in the ordinance have been awarded via the German Federal Network Agency tendering process. Accordingly, an amendment ordinance was required: this allows for an additional 250 MW peak and is valid until 31 December 2025. Changes have also been made to the designated areas: the further removal of priority areas has lessened their total area from 8,300 ha to 7,470 ha.

The amendment ordinance was adopted by the Saarland state government on 2 March 2021.

Downloads

• Text of the Ordinance (Saarland Official Journal)
• Text of the Amendment Ordinance (Saarland Official Journal)

Contacts

Ministry for Economic Affairs, Innovation, Digital and Energy
Dept. F/1 Fundamental Issues in Energy Policy
Email
Phone: +49 681 501-3246