Controversial gas surcharge: government is examining corrections – but sees hurdles

Economics Minister Habeck held on to the gas levy for a long time, but the criticism did not abate. The government has now announced that it will review the levy – but there are “high constitutional hurdles”.

Yesterday, Minister of Economics Habeck had already indicated it, today the confirmation came: The gas surcharge is to be changed so that gas importers with high profits do not benefit from it. “We’re checking that now. It has to be legally secure, that’s important,” said a spokeswoman in Berlin. She did not provide any information on the schedule and details of the test. But there are constitutional hurdles. “The gas levy is important to stabilize the market,” added the spokeswoman.

Habeck himself again promised changes. It is “more than unsatisfactory” that, according to the current regulation, profitable companies can also make use of the surcharge, said the Green politician. However, a legally compliant regulation is needed. Abolishing the levy would not be an alternative. Above all, it is also important that the energy supply is not jeopardized. Habeck warned that Germany was heading for a price jump in winter that would make what is currently being discussed seem small.

“The pressure is great”

Habeck justified the levy by wanting to stabilize companies under pressure and prevent insolvencies – and thus to secure the supply of energy. In the meantime, however, there are more and more voices within the traffic light coalition that only certain companies should benefit from the levy.

Because gas importers hardly ever receive any deliveries from Russia, they currently have to buy gas elsewhere quickly and at great expense in order to be able to still supply their customers. “The pressure is great,” admitted the spokeswoman for the Ministry of Economic Affairs. It is unclear whether changes to the law will be necessary.

Hebestreit: “Perhaps it will remain with the appeal”

Government spokesman Steffen Hebestreit said that Chancellor Olaf Scholz fundamentally supports the levy. Now, however, changes would have to be checked. This test has to be awaited. “At the moment questions are being raised that are completely justified, namely companies benefiting from it that in the narrower sense would not even need it? That is being tried to be ruled out.” He also spoke of a difficult legal evaluation that had to be awaited.

It may then remain the appeal to companies to voluntarily forgo help from the levy if they do not need it, for example to follow the example of RWE and Shell of not accepting the levy. Both had declared that they wanted to bear losses themselves.

Lindner wants a more targeted measure

Finance Minister Christian Lindner was also open to possible improvements. “A measure of solidarity cannot serve to ensure that individual companies maintain their returns and make profits on them,” said the FDP leader on ZDF.

You have to take a close look at that – he doesn’t know the facts, Economics Minister Habeck knows them much better. “But if there is a need to change something to make this tool more targeted so that consumers benefit, then we are not afraid to make corrections.”

Esken refers to the Federal Network Agency

SPD co-chair Saskia Esken also emphasized that the funds that consumers are being asked to use must be used in a targeted manner. Esken said im joint morning magazine from ARD and ZDF.

According to Esken, the gas surcharge must be designed in such a way that it works. Companies that do not need this support should not be supported either with funds from customers or with tax money.

The program is scheduled to begin in October

Gas customers are to pay the gas surcharge of a good 2.4 cents per kilowatt hour from October. The money is intended to relieve companies that have to buy expensive gas elsewhere to fulfill their contracts because of the reduced deliveries from Russia. The resulting additional costs are to be reimbursed to 90 percent of the companies from October. This is intended to prevent company bankruptcies and ultimately delivery failures.

Twelve companies have registered a claim to money from the levy. The claims total around 34 billion euros – a large part of which is attributable to the ailing gas importers Uniper and Sefe (formerly Gazprom Germania). However, there are also companies on the list that are not currently in economic difficulties. This had also caused considerable resentment within the traffic light coalition.

Further dispute over gas surcharge: government wants to check again

Anja Günther, ARD Berlin, August 26, 2022 7:52 a.m