Germany: regulator publishes draft determination for electricity grid charges from 2029 (AgNes)

Why should I read this?

On 6 August 2026, the German Federal Network Agency (Bundesnetzagentur – BNetzA) published its draft framework determination on the General Grid Charge Methodology for Electricity (AgNes). The draft determination provides for far-reaching changes to the electricity grid charges methodology, which are intended to apply from 1 January 2029. This includes the introduction of grid charges for feed-in by generation facilities as well as specific charges for electricity storage facilities and electrolysers. At the same time, grandfathering provisions are envisaged for project developers who make a final investment decision before the determination is announced (planned for 1 January 2027).

What do I need to know?

The following points set out in the draft determination are of particular interest to project developers and investors as well as electricity consumers:

Consumption charges

• For consumers connected to the low voltage network with consumption of up to 100,000 kWh/a, the familiar combination of a basic charge in EUR/a and an energy charge in ct/kWh will remain in place.
• Prosumers will pay an additional surcharge of 70 to 90% on the basic charge; prosumers are defined as connection users who, in addition to drawing electricity from the grid, also draw electricity from a generation facility located behind the grid connection point that is not merely a plug-in solar device.
• Consumers connected to the low voltage network with consumption of more than 100,000 kWh/a and consumers connected at voltage levels above the low voltage network will pay:
• a capacity charge (CP) in EUR/kW based on their reserved capacity; the reserved capacity must be at least 10% of the previous year’s peak load and no more than 100% of the agreed grid connection capacity,
• an energy charge 1 (EC 1) in ct/kWh for consumption within the reserved capacity, and
• an energy charge 2 (EC 2) in ct/kWh for consumption above the reserved capacity; EC 2 is intended to be 200 to 350% of EC 1.
• The level of charges varies between the different grid operators, whilst uniform charges for the four transmission system operators with control area responsibility will continue to apply.

Feed-in charges for generation facilities

• Operators of generation facilities with an installed capacity of more than 30 kW will pay a capacity-based feed-in charge in EUR/kW of the contractually agreed feed-in capacity. The definition of generation facility also includes renewable energy facilities, but not electricity storage facilities. The rules described below apply to the latter, which in turn may also result in the payment of feed-in charges.
• The feed-in charge applies nationwide and is calculated annually by the transmission system operators using a formula specified in the determination. It can be assumed that the feed-in charge will initially be in the region of EUR 5/kW.
• The feed-in charge does not apply to prosumers with consumption of up to 100,000 kWh/a and plug-in solar devices.

Charges for electricity storage facilities

• For grid-connected electricity storage facilities, in particular standalone battery energy storage systems (BESS), the capacity-based feed-in charge for generation facilities described above applies. No additional consumption charges are payable for electricity drawn from the grid.
• Operators of facility-coupled electricity storage systems will pay a uniform charge for the electricity storage facility and the generation or consumption facility:
• In the event of a combination of a generation facility and electricity storage (for example a BESS connected to the grid together with a solar farm), only the capacity-based feed-in charge for generation facilities applies.
• In the event of a combination of a consumption facility and electricity storage (e.g. for peak shaving), the charge is calculated according to the rules for consumption charges (CP, EC 1 and EC 2) set out above. However, no energy charges are payable for electricity drawn from the grid and fed back in; this is intended to prevent the deployment of electricity storage for arbitrage or system services purposes from being inhibited.
• In both configurations, there is also the payment of building cost contributions (BKZ) in accordance with the currently applicable rules of the various grid operators in line with the existing position papers of the BNetzA and any future requirements of the authority.

Special grid charges for electrolysers

• For electrolysers that produce green or low-carbon hydrogen, a special grid charge in the form of a pure capacity charge in EUR/kW of the contractually agreed grid connection capacity is payable. No energy charges are payable.
• For other electrolysers, the consumption charges described above apply, i.e. capacity charge, EC 1 and EC 2.

Dynamic grid charges

• The BNetzA also intends to adopt separate determinations for charges with an incentive function, in particular dynamic grid charges.
• Dynamic grid charges are temporally and regionally variable and sign-sensitive grid charges intended to incentivise grid-serving behaviour. The corresponding price signals are to be displayed and communicated via a joint platform to be developed by the grid operators.
• For electricity storage facilities, dynamic grid charges are to be introduced by 1 January 2033 (but not before 1 January 2030); for generation facilities by 1 January 2035 (but not before 1 January 2032). For end consumers, no dynamic grid charges will apply for the time being.

Transitional provisions

• The feed-in charge for generation facilities is only payable after 20 years from commissioning of the respective facility if the facility was already commissioned before the determination was announced, or if a final investment decision was made by that date and commissioning takes place by 4 August 2029 at the latest. Facility-coupled electricity storage systems connected to the generation facility may also benefit from this grandfathering; this includes storage systems that may only be constructed after the determination comes into force, provided there is no increase in grid connection capacity.
• In line with this, electricity storage facilities (other than facility-coupled storages facilities) are exempt from the obligation to pay grid access charges (i.e. grid-connected electricity storage facilities are exempt from the feed-in charge from 2029) if a final investment decision was made for them before the determination was announced and the requirements of section 118(6) sentences 1 and 3 of the German Energy Industry Act (EnWG) are met, i.e. in particular commissioning takes place by 4 August 2029 at the latest.
• Likewise, electrolysers may continue to benefit from the exemption under section 118(6) sentences 1 and 7 EnWG if the final investment decision is made before the determination is announced and commissioning takes place by 4 August 2029 at the latest.
• A final investment decision is deemed to have been made if binding orders for components covering at least 50% of the investment volume (based on the acquisition and production costs for the facility components) have been placed and the contracts concluded for this purpose cannot be terminated without significant financial loss (in particular threatened contractual penalties); the materiality threshold is deemed to have been reached if the threatened financial loss in the event of termination of the contract amounts to at least 25% of the investment volume. For generation facilities for which a bid has been submitted in a state-administered auction, in particular under the Renewable Energy Sources Act (EEG), the Combined Heat and Power Act (KWKG) or the Electricity Forward Capacity Act (StromVKG), the date of the bid deadline is deemed to be the date of the investment decision; facilities that are successful in an auction with an auction date before 1 January 2027 and that are commissioned by 4 August 2029 may therefore benefit from the transitional provisions. The final investment decision must be evidenced to the responsible grid operator by 31 March 2027.
• The provisions on individual grid usage charges for large consumers in section 19(2) sentence 1 or sentences 2 to 4 of the Electricity Grid Charges Ordinance (StromNEV) remain applicable until 31 December 2031, provided the conditions specified in the determination are met.

What does this mean for stakeholders?

After the BNetzA had initially considered an immediate abolition of the existing grid charge exemptions for electricity storage systems and electrolysers, the transitional provisions now contained in the draft determination provide for grandfathering for facilities with a final investment decision made before the determination is announced, which also apply to generation facilities (if applicable, coupled with electricity storage systems). Project developers and investors should therefore examine the conditions that their renewable energy, electricity storage or electrolyser projects must meet before the determination is announced (foreseen for 1 January 2027) in order to benefit from the 20-year exemption from commissioning (by 4 August 2029 at the latest).

For generation facilities, as the case may be including facility-coupled electricity storage systems, that do not benefit from grandfathering, the introduction of feed-in charges represents a new fixed cost component. For subsidised facilities, these costs can be taken into account via bid prices (on auctions for renewable energy facilities from 2027, see: Eversheds Sutherland: Federal Government approves draft EEG 2027). For unsubsidised facilities, the additional costs must be reflected in PPA terms or earned on the spot market. In addition, developers of renewable energy projects must consider the construction cost contributions planned as part of the so-called grid package and the limitation of compensation payments for redispatch-related curtailment in capacity-limited areas (on this: Germany: Government adopts Grid Package (Netzpaket)).

Feed-in charges must also be taken into account when assessing the economic viability of grid-connected electricity storage facilities without grandfathering. In contrast, dynamic grid charges may potentially offer additional revenue opportunities. However, this possibility will depend heavily on the detailed design yet to be determined.

As large consumers, industrial companies and data centres in particular will typically fall under the future consumption charge model consisting of a capacity charge for reserved capacity and a two-tier energy charge. This could bring structural advantages with the replacement of the demand charge by the capacity charge; exceeding the pre-specified capacity no longer leads to an increase in the demand charge overall, but only to occasional increased payments of EC 2 for kWh outside the reserved capacity. Regardless of this, it should be examined on a case-by-case basis to what extent existing privileges under section 19(2) StromNEV can be utilised until 31 December 2031. Whether other privileges, such as the flexibility special grid charge currently under discussion, will be introduced through further determinations remains to be seen.

What should I do next?

The publication of the draft determination has launched a consultation procedure in which interested parties can submit comments until 18 September 2026. Given the planned announcement date of 1 January 2027, the determination is expected to be adopted before the end of 2026.