The German Wind Energy Association (BWE) has expressed mixed reactions to proposed legislative amendments to the Federal Emission Control Act (BImSchG), which affect planning decisions for wind turbines. While the changes are seen as “painful,” BWE stated they are ultimately “viable” and will help avoid significant delays in wind farm expansion.
The amendments, which concern preliminary approvals for projects outside of existing priority wind development areas, are expected to provide clarity, especially for North Rhine-Westphalia, without causing widespread delays in planning processes across Germany. However, BWE noted that implementing changes to the legal framework after just six months is “painful and unsatisfactory” for project sponsors and authorities.
“The SPD, Union and Greens have found a compromise to control the expansion of wind energy that is ultimately viable,” said Bärbel Heidebroek, president of BWE. “It must be acknowledged that the nationwide legal system for accelerating expansion is not being interfered with.
Heidebroek further emphasized that the new approach represents an improvement over previous draft legislation, which the BWE had strongly opposed. Earlier drafts had proposed changes to Section 2 of the Renewable Energy Sources Act (EEG), potentially creating approval and investment uncertainty by interfering with the prioritization of renewable energy expansion.
The revised legislation now clarifies that there is no legitimate interest in applications for preliminary planning decisions outside of designated wind energy areas unless it pertains to repowering projects. This move aims to prevent the securing of sites outside priority areas, a problem particularly prevalent in North Rhine-Westphalia.
“After an initial review of the amendment to the BImSchG, we believe that the risk of a far-reaching delay in expansion has been averted,” said Heidebroek. “With the compromise, the three parties have made possible a solution that keeps the provision of land across the country on track. There are still open questions, but we can deal with the proposal that is now on the table.
The BWE's comments reflect a balance of cautious optimism as the industry seeks clarity and stability amid evolving regulatory frameworks for wind energy expansion in Germany.
