Commission Implementing Decision (EU) 2023/1978 of 21 September 2023 on the applicability of Article 34 of Directive 2014/25/EU of the European Parliament and of the Council to the award of contracts for the activities related to the generation and wholesale of electricity from renewable sources in Germany, with the exception of electricity from renewable sources generated in installations that went into operation before 1 August 2014 and still receive public funding and activities related to the generation and wholesale of electricity from offshore wind farms commissioned after 1 January 2012 and subject to the 2012 Renewable Energy Sources Act (Erneuerbare-Energien-Gesetz) in Germany (notified under document C(2023) 6271) (Only the German text is authentic) (Text with EEA relevance)

• CELEX: Implementing Decision (EU) 2023/1978
• Articles: 3

Article 1

Directive 2014/25/EU shall not apply to the award of contracts by contracting entities and intended to enable the following activities to be carried out in Germany:

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electricity generation and wholesale from renewable electricity plants subject to direct marketing with legally determined value applicable (provided that the plant-specific applicable value is lower than the market value (or a corresponding but forward-looking Power Purchase Agreement index) for 12 consecutive months),

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electricity generation and wholesale from renewable electricity plants subject to direct marketing with applicable value determined through tenders,

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electricity generation and wholesale from renewable electricity plants subject to other direct marketing,

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electricity generation and wholesale from post-subsidised old renewable electricity plants.

Article 2

Directive 2014/25/EU shall continue to apply to the award of contracts by contracting entities and intended to enable the following activities to be carried out in Germany:

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renewable electricity generation and wholesale from renewable electricity plants subject to a fixed feed-in tariff,

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renewable electricity generation and wholesale from renewable electricity plants subject to the tenant electricity surcharge.

Article 3

This Decision is addressed to the Federal Republic of Germany.