Guidance for PV project developers in Germany

Why should I read this?

“Solar Package I”, which entered into force in May 2024 (see our previous client briefing), has introduced minimum nature conservation criteria for ground-mounted PV installations benefitting from financial support under the German Renewable Energies Act (Erneuerbare Energien Gesetz – EEG). Such projects shall comply with at least three of the following five requirements:

1. use a maximum of 60% of the total area for PV modules
2. care concept promoting biodiversity
3. accessibility for animal species
4. installation of elements of biotopes on at least 10% of the area of the plant
5. operation of the PV system in a soil-friendly way.

Project developers have been waiting for guidance on the interpretation of these criteria. The German Federal Ministry for Economic Affairs and Climate Action has now published relevant guidelines (Naturschutzfachliche Mindestkriterien bei PV-Freiflächenanlagen (bmwk.de). It can be expected that, despite their non-binding character, these guidelines will considered by both project developers and grid operators when it comes to the implementation of the minimum nature conservation requirements. This article summarises the key aspects of the Ministry’s paper.

What do I need to know?

Specification of the individual criteria

The guidelines specify each nature conservation criterion and list examples of suitable evidence. In detail as follows:

1. Usage of a maximum of 60% of the total area for PV modules

The maximum floor area taken up by the modules may not exceed 60% of the total area of the overall project. The total area is defined as the area enclosed to the outside by fences, hedges or a comparable boundary. This includes

• the areas built on or covered by technical facilities (including, in particular, the areas occupied by modules, transformers, inverters, storage facilities and overhead connection lines), and
• the areas that are not built on but are subordinate to the functional purpose of the project (this includes, in particular, trail corridors, access paths, the areas of the hedges themselves, areas that remain free, etc.).

When determining the 60% value, only the area covered by modules is relevant.

Evidence of compliance may be provided via an adopted development plan or building permit with corresponding requirements, or other official documents/records.

2. Application of a care concept to promote biodiversity on soil under the PV system

The biodiversity-promoting care concept is intended to lead to an ecological improvement of the soil under the PV system. “The soil under the PV system” refers to all areas covered or built on with technical facilities in the meaning of the first criterion. The plant operator is free to decide whether the area under the PV system, in order to promote biodiversity, is mowed or grazed.

Besides an adopted development plan or building permit with corresponding care measures, compliance may be proved via contracts between plant operators and contractors for mowing or grazing, corresponding invoices, or photo documentation.

3. Ensuring accessibility for animal species

In order to ensure accessibility for animal species, operators of plants with a side length of more than 500 meters must install trail corridors for large mammals whose width and planting adhere to the local conditions. The width of the corridors should generally not exceed 20 meters. It can be assumed that the corridors take account of local conditions if they have been determined by the competent nature conservation authority or by an environmental expert and are based on the needs of locally occurring and migrating large mammals.

The Ministry assumes that operators of facilities with a side length of less than 500 meters can also fulfil the minimum criterion by merely ensuring passing options for smaller animal. This is considered to be guaranteed if the area is demarcated by a hedge, or not fenced at all.

In order to provide evidence of compliance, plant operators may submit an adopted development plan or building permit with corresponding requirements, a documentation of the environmental construction supervision during the construction phase of the plant which contains a corresponding confirmation of compliance, or any other suitable official document or record.

4. Installation of elements of biotopes on at least 10% of the area of the plant

Biotope elements are, in particular, elements that are typical of the area concerned, such as but not limited to native shrubs and hedges, sowing of regional seeds, areas of bare soil, sand or gravel with little vegetation, small bodies of water and nesting aids for birds, bats or insects.

The plant operator may create the biotope elements on the project area, on directly adjacent areas, or on a combination of these areas. Biotope elements that were already present on the project area before the construction of the plant can also be taken into account.

Compliance can be proven in the same way as accessibility for animal species, or by biotope mapping or photo documentation.

5. Operation of the PV system in a soil-friendly way

The PV system is operated in a soil-friendly way if no pesticides or fertilisers are used on the area and the system is only cleaned with cleaning products if these are biodegradable and cleaning is not possible otherwise.

Since compliance is difficult to prove if the area has previously been contaminated, the plant operator is free to survey the contamination of the area before the start of construction and to provide the network operator with the initial status report.

Project developers may again submit an adopted development plan or building permit with corresponding requirements, or carry out a pollutant analysis of soil or plant samples.

Monitoring by the grid operators

The EEG specifies the dates on which plant operators must declare compliance with the minimum nature conservation criteria. This will be monitored by the grid operators who have to verify the plausibility of the evidence submitted. They will assess whether the evidence is suitable in the individual case to demonstrate that the respective criterion is fulfilled. In general, one-off inspection at the time of commissioning is sufficient. Proof of the second and fifth criterion additionally requires an updated self-declaration at the end of every fifth year following commissioning.

What should I do next?

In order to benefit from financial support under the EEG, operators of ground-mounted PV plants have to fulfil at least three of the five criteria. Project developers therefore are well advised to familiarise themselves with the new requirements and the tools of evidence in a timely manner.

It is to be noted, however, that the nature conservation criteria do not apply to special ground-mounted PV plants such as agricultural PV, moorland PV, car park PV and floating PV which are subject to a new, separate tender schemes.

Insofar as the German Federal Network Agency makes use of its right to specify the nature conservation criteria in accordance with the EEG, this specification is legally binding and must be observed.