Opinion on the law amending the Spatial Planning Act

9. February 2023

The collected statement on the law amending the Spatial Planning Act is now here. 230203_ROG_Opinion BWO

Hintergrund: On January 30.01.2023th, 2022, the Federal Cabinet decided on a formulation aid for the implementation of the EU Emergency Regulation (Regulation EU 2577/2022). The focus is on accelerating the expansion of wind energy by temporarily suspending the mandatory environmental impact assessment (EIA) and the species protection assessment. The measure is limited in time for offshore wind areas that will be awarded in the 2023 and XNUMX tenders.

Regarding the compensation payment: The regulation of § 72a Para. 2 Clause 3 provides that the investor has to pay financial compensation in the event that suitable and proportionate reduction measures are not available, data are not available or corresponding data only during operation ( e.g. through operational monitoring). The bandwidth of the compensation payment should be between €500 and €2.500 per MW of the wind farm.