Common use of Access to Support Clause in Contracts

Access to Support. (1) The Contracting Parties shall commit to providing financial support to the solar PV projects covered by this Agreement in accordance with their respective legislative and contractual framework, including that: a) German financial support under this Agreement shall be granted in accordance with the relevant provisions of the GEEV and the EEG. Thus, the financial support shall be granted in form of a sliding market premium. To this end, the market value of electricity relevant for calculating the market premium under paragraph 1 of Clause 27 and paragraph 2 of Clause 27 of the GEEV and of Clause 19 of the EEG shall be the market value of electricity on the spot market of the price zone in which the solar PV project is located. In times of lasting negative prices, to be understood as times where the price on the market where the solar PV project is located has been below zero for at least six consecutive hours, no sliding market premium shall be paid. In deviation from paragraph 1 sentence 2 no. 2 of Clause 32 of the GEEV, the value to be considered in the calculation of the sliding market premium shall be zero for the entire period of time in which the value of the hourly contracts are continuously negative, when the value of the hourly contracts in the relevant price zone in the auctions of the day before had been negative for at least six consecutive hours; and b) Danish financial support under this Agreement shall be granted in the form of a fixed market premium and shall be paid in accordance with the provisions of the contract concluded between the Danish auctioning authority and the winning solar PV project. No fixed market premium shall be paid in times of negative prices, i.e. from the first moment that the prices on the market where the PV installation is located fall below zero. (2) The level of the financial support paid by a Contracting Party to a solar PV project under this Agreement shall be determined through the respective pilot auction rounds, which are the opened pilot auction round in the Federal Republic of Germany in 2016 and the partially opened pilot auction round in the Kingdom of Denmark in 2016. The details on the calculation of the financial support shall be published as part of the auction conditions. (3) After expiry of the support period determined by the national auction conditions and any concluded contracts, the financial support awarded from a Contracting Party to a solar PV project located on the territory of the other Contracting Party shall cease automatically. (4) In case a Contracting Party fails to comply with the obligation in paragraph 1 of this Article, leading to a shortfall in support payments to a solar PV project, it shall immediately contact the other Contracting Party explaining in writing the reasons for the shortfall. In accordance with paragraph 3 of Article 14, the Contracting Parties shall in such event discuss in good faith whether and to what extent any further production of electricity from that solar PV project shall be statistically transferred between the Contracting Parties.