Draft legislation for Market Integration of Storage and Charging Points (MiSpeL) submitted by the Federal Network Agency (BNetzA) and its impact on electricity storage

In-depth analysis

The Electricity Peak Load Act, which came into force on 1 January 2025/25 February 2025 , will facilitate the active market participation of electricity storage facilities and charging points for electric cars in combination with renewable energy plants. The aim is to increase capacity by creating incentives to store electricity from renewable energy plants at peak times. As part of this, the BNetzA plans to issue specifications for the market integration of storage facilities and charging points (MiSpeL), which will make access to EEG subsidies (via direct marketing with a market premium) and levy balancing more attractive through greater flexibility.

Previously only an exclusivity option – section 19 (3) sentence 1 no. 1 Renewable Energy Act (EEG)

Up to now, subsidy payments for grid feed-in can only be obtained if exclusively renewable electricity is consumed during storage. Eligibility for subsidies ceases as soon as stored grid electricity is consumed.
The use of the exclusivity option therefore also excludes levy balancing, as this requires the storage of grid electricity.
Charging points used for temporary storage have not been eligible for subsidies to date. This is regrettable, as the increase in electric vehicles on the roads offers great storage potential.

New: Demarcation and flat-rate option – section 19 (3) sentence 1 no. 2, no. 3 EEG

The BNetzA intends to address the shortcomings of the exclusivity option by introducing additional options , which are designed to facilitate and increase the flexibility of parallel grid withdrawal (for own consumption or temporary storage) and feed-in:

Delimitation option: Market premium payments and levy privileges can be claimed for electricity quantities determined on the basis of quarter-hourly measurements. This requires detailed measurement and billing, some of which is specified in the regulations.
Flat-rate option: This option is intended to enable smaller plants that lack the metering equipment required for quarter-hourly billing to access the market. A flat-rate share of the energy fed into the grid is to be classified as “eligible for support” or “eligible for offsetting”, subject to certain maximum limits.

Beneficiaries of the planned flexibility and significance for companies

Prosumers can optimise their behaviour in line with the market situation. Companies with flexible consumption should store energy at times when electricity prices are low and feed it into the grid at times when electricity prices are high.
Companies with higher electricity consumption should consider adding electricity storage facilities to benefit from subsidies and take advantage of fluctuations in electricity prices. This is especially true if the company itself operates renewable energy plants.
Grid operators can adjust their efforts to maintain grid stability in response to the reasonable market behaviour of prosumers.
Operators of renewable energy plants can expect more customers at peak times and are less frequently forced to shut down production.

Conclusion and outlook

The provisions for MiSpeL in the current draft would bring about a sensible and long-overdue increase in flexibility in the operation of even smaller storage facilities and charging points, making them more economically attractive.
In particular, the equal treatment of charging points and electricity storage facilities is to be welcomed.
This can also make a significant contribution to the energy transition: by temporarily storing renewable electricity at peak times, it is “saved” and the share of renewable electricity in the German electricity mix is increased. This is a sensible response to the infrastructure expansion that has become necessary during the energy transition.
The draft would also bring systemic advantages: temporary storage cushions differences in the amount of electricity in the grid due to generation circumstances, making grid operation easier by reducing the need for balancing.
This reduces the need to expand energy infrastructure due to the energy transition.
In connection with the demarcation option, it remains to be seen whether sufficient measuring points are available to provide the necessary basis for calculation.

The BNetzA’s Renewable Energies Division opened the determination procedure on 31 July 2025; a workshop at which the key points of the draft determination were presented and discussed took place on 1 October 2025. Comments on the draft can be submitted until 24 October 2025. The specifications are not expected to come into force before 2026.

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