The contract to support the energy policy work of the Federal Ministry for Economic Affairs and Climate Protection (BMWK) in connection with issues of the energy crisis by providing consulting services at short notice, in each case within a maximum of nine months, will be awarded in the form of a framework agreement with a term until 31.12.2024, with two extension options for up to 12 months each, in a negotiated procedure with a public participation competition.

Within the framework of this lot, the contractor supports the BMWK in the design of measures to relieve consumers. This includes in particular:

Measures to reduce the price of electricity, in particular the electricity price brake

Measures to reduce the electricity price, namely the electricity price brake under the Electricity Price Brake Act (StromPBG), in particular its legal structure, practical implementation and further development as well as possible readjustments. In addition, there are legal questions concerning the application of the Act on the Recovery of Surplus Profits.

Measures to reduce gas and heat prices, in particular the gas and heat price brake

Legal advice in connection with measures to reduce gas and heat prices. This can be done, for example, for the legal design, implementation and further development as well as possible readjustment of the EWPBG and the EWSG. This includes in particular the examination of the subsequent adjustment of the laws, as well as the (re-)examination of the eligibility requirements. European state aid law is particularly relevant in both of the main areas of work mentioned here.

Relevant areas of law: Energy law, European and state aid law, public law.

Estimated volume: 2023: 10.200h 2024: 5.200h

Advice on the acquisition of shares in and financing measures in favour of companies in the energy sector as well as on investment management

The contractor supports the BMWK on a case-by-case basis in specific proceedings in connection with corporate transactions in the energy sector. At the request of BMWK, the contractor provides legal expertise at short notice, e.g. for contract negotiations (e.g. conclusion of share purchase agreements, shareholder agreements, guarantees), implementation of M&A proceedings (including legal due diligence), assumes notification obligations under capital market law and accompanies official approval procedures (in particular with the EU Commission). In addition, the Contractor offers legal advice and support in the consistent and legally compliant design and implementation of the various special/equity financing and federal aid programmes for companies in the context of the energy crisis.

Also within the framework of the administration of participations entered into by the Confederation, the Contractor supports the examination of relevant legal issues, e.g. on state aid, antitrust, contract, commercial, corporate, tax, budgetary and other administrative law.

Relevant areas of law: State aid law, antitrust law, contract law, M&A, commercial and corporate law, tax law, public law.

Estimated volume: 2023: 3.900h 2024: 3.900h

Measures to secure the supply of electricity

Legal advice on issues relating to the electricity market, electricity market design, reserves outside the electricity market and renewable energies in the context of the energy crisis. This includes advice on the short-term growth of the infrastructure for renewable energies and the design of instruments to secure the electricity supply.

European energy policy:

Legal advice on the implementation of directives and regulations in energy law (e.g. Energy Efficiency Directive, Buildings Directive, Renewable Energy Directive and legal acts of the upcoming EU electricity market reform). The task includes the legal observation and analysis of the actions of the EU Commission, the case law of European courts and approaches of other EU member states.

Relevant areas of law: European law, energy law, EU state aid law, administrative law, construction and planning law

Estimated volume: 2023: 1.550h 2024: 1.200h

Gas supply in general

The contractor shall support the BMWK on a case-by-case basis in providing legal advice in connection with measures to secure gas supply. This includes fundamental questions of gas supply, gas network regulation and the Energy Industry Act. One focus is on advising on crisis prevention and management against the background of the European gas market regime.

Hydrogen and LNG import as well as planning, permitting, construction and operation of FSRUs and landside terminals, including infrastructure

This includes advice in connection with the development of private-law structures and the contractual implementation of infrastructure projects. In addition, all questions relating to the approval, planning, construction and operation of corresponding terminals. In addition, there are questions of European and international law.

Measures to secure the supply of crude oil and petroleum products

Legal advice in connection with measures to secure the supply of mineral oil, especially in eastern Germany, securing the supply of crude oil and products, issues in connection with the operation and upgrading of mineral oil supply lines.

Areas of law concerned: energy law, sanctions, municipal and constitutional law; Regulatory and energy law, antitrust and merger control law, public procurement and state aid law as well as environmental, nature conservation and planning law, construction law, immission control law and contract law, corporate law.

Estimated volume: 2023: 3.780h 2024: 3.480h