The Federal Network Agency’s (“BNetzA”) complete draft determination on the general grid fee system (“AgNes“) contains, for the first time, concrete transitional rules for the individual network charges under section 19(2) Electricity Grid Fee Ordinance (“StromNEV“). For electricity-intensive companies, the draft therefore provides greater planning certainty for the period after the StromNEV ceases to apply at the end of 2028. The existing baseload privilege (Bandlastprivileg), however, is to be continued only on a temporary basis and subsequently replaced by a system geared more strongly towards flexibility.
Baseload privilege retained until the end of 2031
Under paragraph 17.2 of the draft determination, section 19(2) sentences 2 to 4 StromNEV is to remain applicable to certain existing customers until 31 December 2031.
The condition is that the final costumer (Letztverbraucher) holds, as of 31 December 2028, a valid individual network charge agreement under section 19(2) sentence 2 StromNEV and has met the requirements for a charge rebate (Entgeltrabatt) at least once in the years 2026 to 2028.
The BNetzA assumes that around 600 businesses are affected by the transitional rule. The temporary continuation is intended in particular to prevent the sudden loss of the previously substantial network charge reductions from causing significant economic burdens.
BNetzA intends to abolish the baseload privilege in the long term
The transitional rule does not, however, mean a permanent continuation of the existing system. The BNetzA no longer regards privileging the steadiest possible electricity offtake as appropriate from an energy-industry perspective and intends to end it once the transitional period has expired.
Instead, the years 2029 to 2031 are meant to allow the affected companies to adjust to the new AgNes framework and to a special network charge (Sondernetzentgelt) still to be determined separately, which is intended to create incentives for more flexible industrial electricity offtake. How this new special network charge will be structured in detail remains open.
No solution to the flexibility gap (Flexibilitätslücke) from 2026
The transitional rule must be distinguished from the question – already relevant from 2026 – of the extent to which electricity-intensive companies can flexibly adjust their load without jeopardising their individual network charge under section 19(2) sentence 2 StromNEV.
Decision BK4-22-089 had created special rules for this purpose, under which certain flexible consumption could be disregarded when assessing whether the requirements for the individual network charge were met. That rule was time-limited until 31 December 2025.
The AgNes draft determination now available contains no express extension of BK4-22-089. The continued application of section 19(2) sentences 2 to 4 StromNEV provided for in paragraph 17.2 must be distinguished from this.
This is particularly relevant for companies because, in order to qualify for the transitional protection under AgNes, they must meet the requirements for a charge rebate at least once in the years 2026 to 2028. Unless a separate follow-on rule for BK4-22-089 is put in place, electricity-intensive companies must therefore take particular care, when marketing their flexibility (Flexibilitätsvermarktung), to continue meeting the requirements of Section 19(2) sentences 2 to 4 StromNEV.
Outlook
On the one hand, the AgNes draft thus creates an important transitional period for existing customers until the end of 2031. On the other hand, it confirms the BNetzA’s fundamental change of direction: away from privileging the steadiest possible electricity offtake and towards network charges that incentivise flexible and grid-supportive consumption.
Electricity-intensive companies must therefore keep two periods apart: in the short term, the question already arises from 2026 as to the conditions under which marketing flexibility is compatible with the existing baseload privilege. In the medium term, companies must prepare for the expiry of section 19(2) sentence 2 StromNEV at the end of 2031 and the announced new flexibility regime.
(10 August 2026)