In future, energy importers will be compensated for expensive gas purchased later due to failed deliveries from Russia. The consumer has to pay for it. The gas surcharge is intended to legally secure this special regulation, certain contractual clauses could become a stumbling block.
According to government circles, the levy on all gas customers cannot be levied as currently planned. The legal situation under the Energy Security Act (ENSIG) does not allow this for customers with fixed-price contracts, government and coalition representatives told the Reuters news agency. According to initial estimates from the industry, a quarter of all contracts are primarily with household and industrial customers, some of whom have prices fixed for several years or special clauses on state levies.
As a solution, it is now being considered to change the ENSIG again in September so that the levy can take effect as planned from October. From November, customers are also threatened with a second gas tax under the Gas Storage Act. According to industry circles, the suppliers initially wanted to do without it because of the small amounts. This has changed as a result of the recently tightened gas storage law. The Federal Ministry of Economics did not want to comment on request.
The levy is intended to benefit importers like Uniper, who have to buy failed deliveries from Russia at short notice and at great expense on the market. Due to existing contracts with customers, however, they are not yet allowed to pass them on. 90 percent of the extra costs of the importers should therefore be passed on to all customers - with the same amount per kilowatt hour for everyone, regardless of where they signed their contract. For a household of four, these could mean additional costs of up to 1,000 euros - in addition to the price increases that are already possible in the contract for certain periods.
The federal government had announced further relief when the levy was announced. At the beginning of next year there should be a housing benefit reform, the circle of beneficiaries should be expanded. Also on January 1, 2023, a citizen’s allowance is to come, which is to replace the previous Hartz IV system. In the coalition, however, the exact conditions are still controversial. The government also wants to review the rules on protection against dismissal so that overburdened tenants do not have their rental contracts terminated or energy customers have their supply contracts terminated.
