Our promise to municipalities - voluntary commitment to pay an outdoor area levy
Depending on their size, ground-mounted photovoltaic systems can take up a considerable amount of land in outdoor areas. However, according to the legislative will, the outdoor area should (also) serve the recreation of the general public, so that it should remain free of projects not expressly intended there. Ground-mounted photovoltaic systems also fall under those projects that are not intended by law in the outdoor area. The construction of ground-mounted photovoltaic systems in outdoor areas therefore requires the specific urban planning will of municipalities, which is then implemented by drawing up a development plan. At the same time, however, this deprives part of the outdoor area of its actual function.
The construction of ground-mounted photovoltaic systems makes an important contribution to climate-neutral electricity generation and security of supply for the general public. At the same time, operators of ground-mounted photovoltaic systems pursue private economic interests, as do we. However, these purposes of climate protection, security of supply and private value creation pursued through the operation of ground-mounted photovoltaic systems are directly at the expense of the people in whose neighbourhood the ground-mounted photovoltaic system is realised. Nature and the landscape, which primarily benefit the people who live there, are utilised for external purposes.
We therefore believe it is our duty - and not just a moral one - to return part of our economic success from the operation of ground-mounted photovoltaic systems to stabilise and promote the local community in order to compensate for the use of the common good of nature and landscape in this way ("outdoor area levy"). However, the legislator does not make this easy for us:
The legislative assessments, in particular those of criminal law on corruption, leave an overwhelming risk of criminal liability for project developers, council members and mayors if, for example, payments are agreed by the project developer to municipalities in connection with urban development contracts. Presumptions then arise that the municipality or individual persons have "allowed themselves to be bought". Even the smallest consideration, even if it is only the developer's hope for a "good mood" in the municipality, which may be offset by monetary payments, can realise the risk of criminal liability.
However, we are convinced that it is unacceptable that private project developers should only be allowed to return economic resources obtained from the operation of generation plants to the local community at high risk and out of their own free will. This is why we have decided to take our conviction to give something back from our economic successes to the communities and people whose space we use for climate protection, supply and value creation - transparently and publicly - out of the grey area of corruption and to enshrine it as a voluntary commitment in an enforceable manner if necessary.
Our voluntary commitment within the meaning of § 780 BGB is therefore:
We hereby undertake to grant economic participation in realised ground-mounted photovoltaic systems to all those municipalities whose municipal territory we use for ground-mounted photovoltaic systems. The fulfilment of our payment obligations serves solely to compensate for the use of municipal space for our private purposes and the aims of the general public - and thus solely to do justice to our own convictions. We do not expect, desire or demand any consideration, in particular we expressly do not pursue any preferential treatment - neither now nor in the future
Our payment obligations are calculated as follows:
3 % of the feed-in revenues generated from ground-mounted photovoltaic systems per kWh of electricity generated and fed in, whereby feed-in revenues are the revenues generated in accordance with the EEG, through direct marketing or other electricity sales agreements, including replacement services less handling or marketing fees
A municipality may require the fulfilment of our payment obligations to its own budget or any third party selected by the municipality, provided that a local charitable use of the amounts paid is ensured and can be proven. In our opinion, charitable use includes investments that serve the local community. These are, for example Modernisation of the fire brigade, support for public or charitable institutions or improvement of infrastructure, the landscape or the natural environment.
In the case of municipalities with independent districts or similar subdivisions, pro rata payments may be requested. The payment shares are based on the area-related utilisation by ground-mounted photovoltaic systems (module area). If a ground-mounted photovoltaic system is erected across municipal boundaries, our obligation to the municipalities is also based proportionately on the area-related utilisation (module area).
We expressly declare that our voluntary commitment declared here establishes enforceable claims by the municipalities concerned. Our payment obligation arises from the commissioning of a ground-mounted photovoltaic system within the meaning of Section 3 (30) of the German Renewable Energy Sources Act (EEG). We fulfil our payment obligation at the request of the municipality on 30 April of the following year and send the necessary documentation, from which the amount of our payment obligation can be reliably determined - if necessary with an auditor's confirmation.
We are bound by our voluntary commitment for all ground-mounted photovoltaic systems that we or third parties in which we hold shares construct by 31 December 2025. We assure you that we will pass on this voluntary commitment to purchasers in the event of the sale of a ground-mounted photovoltaic system or the corresponding project rights in such a way that fulfilment of the voluntary commitment is ensured.
The payments made by us and their recipients are not subject to any form of confidentiality. We will provide any interested party with information about this voluntary commitment, the amount of payments made and their recipients at any time.
For the avoidance of doubt, "municipalities" within the meaning of this obligation only refers to local authorities that have their own municipal area. Municipal associations without their own municipal area are therefore expressly not addressed.

