Implementing minimum nature conservation criteria for solar parks in practice

17 July 2024

A guideline from the Federal Ministry of Economics and Climate Protection (BMWK) on implementing the minimum nature conservation criteria in...

Alice Brussels-Kurbanov

© bne e.V. / Photographer ARTIS Uli Deck

Implementing minimum nature conservation criteria for solar parks in practice

Biodiversity

News

17 July 2024

A Guide of the Federal Ministry of Economics and Climate Protection (BMWK) on the Implementation of the minimum nature conservation criteria in ground-mounted PV systems was recently published. It is aimed in particular at Plant and grid operators, who have to prove or monitor the new minimum criteria in practice.

With the adoption of Solar Package I in April 2024, five "minimum nature conservation criteria" were developed for the first time and integrated into the Renewable Energy Sources Act (EEG 2023).* The minimum criteria should fulfil a Ensure nature-friendly expansion of solar parks and increase biodiversity in subsidised ground-mounted photovoltaic systems. Solar parks that take part in an EEG tender or that have a fixed remuneration entitlement (e.g. plants under one megawatt or plants with citizen energy privileges) must from the 01.08.2024 demonstrate at least three of the five minimum criteria.

Guidelines for system and grid operators

The BMWK guidelines provide Practical tips and examples for the individual minimum criteria, explains the respective obligation and type of proof and explains the Monitoring obligation by the grid operators. Also explained, When and how often evidence are to be provided.

System operators are generally able to demonstrate compliance with a certain minimum criterion by means of a self-declaration. The grid operator can only request further evidence if there are justified doubts. Irrespective of this, system operators are free to provide other suitable evidence in addition to the self-declaration. For this purpose, the guidelines Examples of different detection methods.

Important to know: System operators who fail to fulfil three of the five minimum criteria face a penalty payment to the grid operator of two euros per kilowatt of installed system capacity per calendar month.

Download guide (German)

Implementation recommendations for the individual minimum criteria according to the guidelines

Picture left: The implementation provision for minimum criterion 2 explains details of the biodiversity-promoting maintenance concept in solar parks

Picture right: An example of biotope elements in accordance with minimum criterion 4 are rock fillings that provide summer habitats for reptiles.

The contents of the guidelines with regard to the implementation of the individual minimum criteria are listed below. As the guideline also provides important information in the first two chapters, we recommend that all interested parties read the guideline in detail.

Regulatory text:

"[...] 1. the maximum floor area occupied by the modules is no more than 60 per cent of the floor area of the overall project, [...]."

By limiting the footprint of the modules to a maximum of 60 per cent of the footprint of the overall project, a relevant proportion of the area is to remain free from overbuilding by modules. The footprint of the overall project corresponds to the area within the PV installation site that is demarcated from the outside by fences, hedges or a comparable boundary of the PV installation site. This regularly includes

the areas built on or over with technical equipment (this includes in particular the areas occupied by modules, transformers, inverters, storage systems and above-ground connection lines) and

the areas that are not built over but are subordinate to the functional purpose of the overall project (this includes in particular the areas of the migration corridors for large mammals according to criterion no. 3, access paths, the areas of the hedges themselves, areas that remain free, etc.).

When determining the 60 per cent, only the area covered by modules is relevant. In the case of solar installations that can be moved during regular operation, the basis for determining the 60 per cent is the maximum horizontal alignment of the installation. For vertical or perpendicular systems, the basis is also the area directly covered by PV modules. Other equipment of the PV system, such as transformers, inverters, storage tanks and, if above ground, connection cables, etc. are not included in the floor area of the modules.

Examples of suitable evidence of the Fulfilment of the minimum criterion:

Adopted development plan with corresponding requirements
Building permit with corresponding requirements
Other official documents or records

With regard to the Control by the network operators a one-off inspection at the time of commissioning is sufficient, as the area occupied by the modules once installed generally does not change during the operation of the PV UFV. If, for example, the area utilised should change in the course of a repowering of the existing PV UFV, it would have to be assessed on a case-by-case basis whether a new verification is required.

Source: BMWK guidelines, p. 5.

Regulatory text

"[...] 2. a biodiversity-promoting maintenance concept is applied to the ground beneath the plant by a) mowing is carried out no more than twice a year to promote biodiversity and the mown material is cleared away, or b) the area is grazed as a portion pasture with a stocking density adapted to the yield of the area in a way that promotes biodiversity, [...]."

The biodiversity-enhancing maintenance concept is intended to lead to an ecological enhancement of the soil underneath the PV-TFI. The term "under the PV installation site" refers to all areas covered or built over with technical facilities in accordance with criterion no. 1. The system operator is free to decide whether the area under the PV system is mowed (a) or grazed (b). In the case of mowing (a), the mown material must be removed from under the system. Grazing must also only be carried out under the PV-FFA. The criterion does not apply to areas that are not below the PV-FFA. Grazing as portion grazing can be carried out intensively or extensively. The area under the PV-FFA should be divided up and not all parts of the area should be grazed at the same time. The animals should not graze for too long in one section to avoid overuse.

Examples of suitable evidence of the Fulfilment of the minimum criterion:

Approved development plan, in particular landscape conservation plan, action plan (incl. maintenance measures)
Planning permission, in particular landscape conservation plan, action plan (incl. maintenance measures)
Contract between plant operator and contractor for a maximum of two mowings per year and removal or delivery of the mown material
Contract between plant operator and contractor for grazing as portion grazing
Invoice from contractor to plant operator for mowing at most twice a year and removal or delivery of the mown material
Invoice from contractor to plant operator for grazing carried out as portion grazing
Photo documentation at the time of commissioning including date in the photo as well as photo documentation before and after mowing including date in the photo

With regard to the Control by the network operators an inspection at the time of commissioning and then at the end of every fifth year following commissioning is sufficient.

Source: BMWK guidelines, p. 6.

Regulatory text

"[...] 3. the continuity for animal species is ensured by a) in the case of installations with a side length of more than 500 metres on at least one side, migration corridors for large mammals are created, the width and planting of which take account of the local conditions, and b) the continuity for smaller animal species is guaranteed, [...]."

If the plant operator chooses this minimum nature conservation criterion, both the crossing options for large mammals (a) and the continuity for smaller animal species (b) must be fulfilled cumulatively. If the plant has a side length of more than 500 metres, the development is interrupted by undeveloped migration corridors. One corridor must be created for every full 500 metres. The local conditions can be assumed to be taken into account if the width and planting of the corridors has been determined by the responsible nature conservation authority or by an environmental expert in accordance with Section 3 No. 46 EEG 2023 and is based on the needs of locally occurring and migrating large mammals. The width of the corridors should generally not exceed 20 metres. The spatial location and orientation of the corridors is determined, among other things, by their functionality in the locally affected biotope network, i.e. preferably by their location in relation to relevant habitats and structural elements such as hedges and forest edges.

The minimum criterion can also be met by structures with side lengths of less than 500 metres. In this case, the fulfilment of continuity for smaller animal species (b) is sufficient.

If the PV installation is fenced in, the passage of smaller animal species must be ensured so that they can reach the area of the solar park. A distance of 15 cm between the topsoil and the lower edge of the fence is sufficient for this. The use of barbed wire in the lower fence area should also be avoided. By dispensing with fencing or replacing it with hedges, the passability for smaller animal species is fulfilled per se.

Examples of suitable evidence of the Fulfilment of the minimum criterion:

Adopted development plan, with corresponding nature conservation requirements
Planning permission, with corresponding nature conservation requirements
Documentation of the environmental construction supervision during the construction phase of the PV-FFA with corresponding confirmation of fulfilment of the criterion
Official documents or records proving fulfilment of the criterion

With regard to the Control by the network operators a single test at the time of commissioning is sufficient.

Source: BMWK guidelines, p. 7.

Regulatory text

"[...] 4. site-adapted types of biotope elements are created on at least 10 per cent of the area of the site, [...]."

The aim of the criterion is to achieve a biodiversity-enhancing enhancement of the area. The basis for determining the ten per cent is the base area of the overall project in accordance with criterion no. 1. The system operator is free to decide whether to create the biotope elements on the areas within the solar park, including the areas of the migration corridors in accordance with criterion no. 3, or on directly adjacent areas or on a combination of these areas. Biotope structures that were already present on the area of the overall project prior to the construction of the solar park and will be preserved can also be taken into account.

Biotope elements should preferably be typical elements of the natural area concerned, for example

Native shrubs and hedges
Species-rich grassland by sowing species-rich regional seeds
Bare soil, sand or gravel areas with little vegetation
Small bodies of water
Piles of stones or walls made of material typical for the area
Deadwood piles or Benjes hedges
Nesting aids for birds, bats and insects
- For every 5 nesting aids, the creation of a biotope of ten square metres can be assumed
Bee castles

Examples of suitable evidence of the Fulfilment of the minimum criterion:

Approved development plan, in particular landscape conservation plan and action plan
Planning permission, in particular landscape conservation plan and action plan
Documentation of the environmental construction monitoring during the construction phase of the PV-FFA with corresponding confirmation of fulfilment of the criterion (including requirements such as "native", "typical of the area" or similar)
Biotope type mapping
Photo documentation including date in the photo

With regard to the Control by the network operators a single test at the time of commissioning is sufficient.

Source: BMWK guidelines, p. 8.

Regulatory text

"[...] 5. the system is operated in a way that protects the soil by a) no plant protection products or fertilisers are used on the area and b) the system is only cleaned with cleaning agents if these are biodegradable and cleaning is not possible without the use of the cleaning agents."

The renunciation of pesticides, fertilisers and chemical cleaning agents should lead to ecological operation of the facility. If the plant operator chooses this minimum criterion in terms of nature conservation, both the renunciation of pesticides or fertilisers (a) and the limited use of cleaning agents (b) must be fulfilled cumulatively.

However, it can be particularly difficult for the plant operator to provide evidence of the absence of pesticides or fertilisers on previously contaminated areas. The plant operator is therefore free to determine the contamination of the area with pesticides or fertilisers before the start of construction (initial condition) and to provide the grid operator with the initial condition report.

The use of cleaning agents is only permitted if they are biodegradable and the soiling cannot be removed without the use of biodegradable cleaning agents. However, the use of cleaning agents must be limited to the specific soiling in question.

Examples of suitable evidence of the Fulfilment of the minimum criterion:

Adopted development plan with corresponding requirements
Building permit with corresponding requirements
Pollutant analysis of soil or plant samples with 1 sample per hectare of the total project area, but no more than 15 samples in total

With this criterion, particular attention must be paid to the proportionality for the plant operator, as the verification by means of a pollutant analysis of soil or plant samples can involve considerable effort for the plant operator. Therefore, with regard to the Control by the network operators a self-declaration by the system operator at the time of commissioning and then an updated self-declaration at the end of every fifth year following commissioning is sufficient.

Source: BMWK guidelines, p. 9.

Conclusion

The minimum nature conservation criteria in the EEG represent a welcome lower limit for the planning of solar parks with regard to environmental compatibility. At the same time, they offer plant operators an appropriate degree of flexibility in implementation.

The guideline offers easy-to-understand assistance for system and grid operators and can thus contribute to a rapid and qualitative implementation of the minimum criteria.

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* The Renewable Energy Sources Act (EEG) 2023 was subsequently amended to include the Paragraph 37 (1a) and 48 paragraph 6 supplemented. The minimum criteria only apply to ground-mounted PV systems in the tender and systems with a fixed remuneration entitlement. Special solar installations such as floating, agricultural or car park PV are excluded.Following the publication of Solar Package I, however, concrete implementation instructions have so far been lacking, meaning that it was unclear on the part of system and grid operators how the minimum criteria should be verified and checked in practice. It is therefore all the more pleasing that the BMWK has now published the above-mentioned guidelines.