On December 21, 2018, the so-called Energy Collective Law came into force, amending, inter alia, the German Renewable Energies Act (“EEG”). This is the seventh amendment to the EEG 2017 since it came into force on January 1, 2017. Among other things, an obligation was introduced to equip wind turbines with need-controlled night-time identification from July 1, 2020. This obligation also applies to existing turbines; an estimated 18,000 wind turbines in Germany will therefore have to be retrofitted.
From the current case law, a decision of the Bavarian Higher Administrative Court of April 3, 2019, on the applicability of the so-called 10 H regulation is relevant in particular for planners and operators of wind farms in Bavaria. According to this decision, the 10 H regulation must also be observed when granting amendment permits in accordance with the German Federal Emission Control Act if a valid and binding permit for the wind farm already exists and neither the locations nor the height of the turbines change.
Jones Day’s Kerstin Henrich explains these current topics in the field of wind energy law.