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Market NoteAugust 20269 min read

AgNes: the grid-charge exemption closes on 31 December 2026.

Germany's new grid-charge system starts in 2029. Grandfathering out of it does not. Under the draft determination, a project has to reach a final investment decision before the ruling is announced on 1 January 2027 — and the BNetzA's definition of that decision requires committed capital, not intent.

If you operate a commercial or industrial site with on-site generation, a battery, or both, AgNes changes what you pay to be connected to the German grid — not what you pay for power. That distinction is why it has been under-read, and why the deadline attached to it has been missed.

What AgNes is, and who it catches

AgNes is the Bundesnetzagentur's determination proceeding on the design of electricity grid charges. It replaces the StromNEV framework, which expires on 31 December 2028, with a new system effective 1 January 2029.

It is not a solar rule or a battery rule. It is the tariff architecture deciding how the cost of the grid is split, and it reaches consumers, generation plants, storage and electrolysers at once. What is new is that generation and storage start paying a capacity charge at all — historically they have not.

WhoWhat changesFrom
Generation above 30 kW
solar PV, wind, biogas, CHP
Pays a capacity charge. Indicated at €4–7/kW/year; the regulator's own worked example lands at €5.38–5.65/kW/year on a rolling five-year average.2029
Battery storageSame capacity charge basis as generation. Crucially, still no work-related charge on electricity charged or discharged — the double-charging problem is addressed.2029
Residential storageExempt up to 30 kW connection capacity in low voltage.
Consumers over 100,000 kWh/yrCapacity-based pricing — a demand charge, with penalties for exceeding booked capacity.2029
ProsumersBase price (Grundpreis) rises by an indicated 70–90%.2029
Bandload customers
(§19(2) s.2 StromNEV)
Existing arrangements protected — the longest transitional runway in the draft.Until 31.12.2031

For batteries specifically, the draft has been read by market analysts as close to a best case: the capacity charge is real, but it is roughly a tenth of what household customers pay on the same basis, and the absence of energy-based charges on throughput is the point storage operators had been lobbying hardest for.

The deadline, precisely

Transitional protection does not turn on when your project is finished. It turns on when it is committed.

JANUARY – MAY 2026
BNetzA publishes orientation points, consults, then issues the full draft determination.
31 DECEMBER 2026 — THE DEADLINE
Final investment decision must be taken before the AgNes determination is announced on 1 January 2027.
31 MARCH 2027
Evidence of that FID must be provided to the responsible grid operator.
1 JANUARY 2029
AgNes takes effect. StromNEV expires 31.12.2028.
4 AUGUST 2029
Commissioning long-stop. Miss it and the protection lapses regardless of FID.

Protection, once secured, runs for 20 years from commissioning.

What counts as a final investment decision

This is the part that turns a regulatory deadline into a financing one. Under the draft, FID means:

  • Binding component orders covering at least half the investment volume — "verbindliche Bestellungen von Komponenten, die mindestens die Hälfte des Investitionsvolumens abdecken".
  • Contracts you cannot exit without substantial financial loss. The BNetzA's orientation value is damage exceeding 25% of the investment volume — a cancellation exposure, not a signature.
  • Evidence filed with the grid operator by 31 March 2027.
You cannot place binding orders for half a project's equipment, on terms carrying a 25% cancellation exposure, without capital behind you. Grandfathering is a financing milestone wearing a regulatory label.

What it costs to miss it

Take a mid-sized C&I site: 260 kW of rooftop PV alongside a 200 kW battery — 460 kW of chargeable capacity.

  • At the regulator's worked example of €5.38–5.65/kW/year: roughly €2,475–2,600 a year.
  • Over the 20-year protection period that would otherwise apply: approximately €49,500–52,000.
  • At the top of the indicated €4–7 band: up to €3,220 a year, or about €64,400 over twenty years.

Fifty thousand euro on a site of that size is not ruinous. It is, however, a cost that appears in no model written before 2026, lands in the years the debt is still outstanding, and is avoidable at zero cost by bringing a decision forward by a few months. That asymmetry is the whole argument.

Scale it and it stops being marginal. The same arithmetic on a 5 MW site is roughly €27,000 a year and over half a million euro across twenty years.

Why we are writing about a tariff rule

Because the question AgNes puts to a C&I operator is one we answer for a living: can this project reach a committed investment decision inside a fixed window, on terms that survive the regime it is being decided under?

  • Projects in development have a sequencing problem. Binding orders for half the equipment, with real cancellation exposure, require funding certainty first. Working backwards from 31 December 2026, the financing conversation is not a 2027 problem.
  • Existing assets need re-running, not replacing. A site already operating may hold protection. Knowing whether it does, and for how long, changes what the asset is worth and whether refinancing now beats refinancing in 2028.
  • Battery storage is not automatically the right answer. The draft is favourable to storage, but a capacity charge is still a charge. Adding a battery to capture the exemption, without a revenue case that stands on its own, is how a good deadline produces a bad asset.
  • Lenders are already asking. Banks active in German storage cite regulatory uncertainty around grid fees ahead of merchant revenue risk. A case that addresses AgNes explicitly clears credit committee faster than one that does not mention it.

Status of these figures

AgNes remains a draft determination. Dates, thresholds and charge levels here are drawn from the BNetzA's published orientation points and full Festlegungsentwurf and from legal commentary on them, and have already changed once during consultation — the FID deadline was undated in earlier drafts and was pinned only when the full draft was published. One further point deserves care: the storage-specific provisions are explicitly about storage, while solar PV is caught by the generation capacity charge above 30 kW, and not all commentators describe the two the same way. Confirm your own position with counsel before acting. This note is market commentary, not legal, regulatory, tax or investment advice.

How to use us

An AgNes exposure review, in six lines.

No engagement letter, no retainer, no discovery call. Send the essentials and we come back with a view — while there is still time to act on it.

Email deals@aip-partners.com with:

  1. Site location, grid connection level (LV / MV / HV) and connection capacity in kW
  2. Annual site consumption in kWh
  3. Installed or planned generation — technology and kW
  4. Installed or planned storage — power (kW) and energy (kWh)
  5. Commissioning date if operating; if not, target COD, current stage, and how far procurement has gone
  6. Whether any §19 StromNEV arrangement is in place today

Within two working days you get a written view from a partner: whether the site looks likely to fall inside or outside transitional protection, what the capacity charge does to the case in euro, and — where it is relevant — what a financing timetable to a defensible FID before 31 December 2026 would have to look like. If the answer is that you do not need us, we will say so in the same email.

Sources

Where these figures come from.

Contact

A conversation with a partner, not a form into the void.

Munich and London. Success-fee only, since 2010. Response within two working days.