234. Regulation of the Executive Board of E-Control with which the Gas Market Model Regulation 2012 is amended (GMMO-VO Novelle 2014)

Due to § 41 Gaswirtschaftgesetz 2011-GWG 2011, BGBl. I n ° 107/2011 in the version of the Federal Law BGBl. II No. 211/2014, iVm § 7 para. 1 Energy Control Act-E-ControlG, BGBl. I No 110/2010 in the version of the Federal Law BGBl. I No 174/2013, shall be arranged:

The regulation of the Board of Management of E-Control on gas-market model regulations (Gas-Market Model Regulation 2012), BGBl. II No 171/2012, as amended by the 3. GMMO-VO Novelle 2013, BGBl. II No 466/2013, shall be amended as follows:

1. In accordance with § 2 (1) Z 16 the following Z 16a shall be inserted:

" 16a.		"sub-balance sheet account" means an account that is associated with a balance sheet group and permits the allocation of input and output capacity to network users and/or the clear presentation of input and output quantities; "

2. § 12 reads:

" § 12. (1) Network users shall be obliged to offer fully or partially unused fixed capacity immediately as secondary capacities on the online platform or to the transmission system operator in accordance with point 2.2.4. of Annex I to Regulation (EC) No 715/2009 as well as the approved general conditions for access to the network to transmission networks.

(2) The transmission system operator shall withdraw, in part or in full, its capacity, which has been booked on a fixed basis, in part or in whole, by a network user, after written announcement, and shall market it as a primary capacity, provided that: Ask other network users to request fixed capacity at the respective network connection point, a contractual bottleneck, and the network user did not offer or return the unused capacity in accordance with para. 1 on the online platform. In any case, capacity shall be deemed to be systematically unused if:

1.		the balance sheet group responsible less than an average of 80 percent of the group's balance sheet group, or the capacity allocated to its sub-balance sheet account with an effective contract term of more than one year from 1 April to 30 September as well as 1. October 31 to March 31; or
2.		the accounting group responsible systematically accounts for almost 100 percent of the group's balance sheet group or the capacity allocated to its sub-balance sheet account and thereafter, with the aim of circumventing the provisions of Section 11 (3), it shall carry out renomination in the downward direction.
If a network user has a booked capacity of several balance sheet groups, or Sub-balance-sheet accounts shall be examined for the systematic unused capacity according to Z 1 and 2 for the sum of these balance-sheet groups or groups. Total capacity allocated to sub-balance accounts.

(3) The capacity shall be withdrawn by the transmission system operator to the extent of the average non-utilisation for the remaining effective contract period, with the withdrawal in the case of balance sheet groups, or Sub-balance accounts into which several network users have contributed capacity, proportionally according to capacity contributed by network users.

(4) A withdrawal pursuant to paragraph 2 shall be discernable if the network user, within 14 days after the written announcement of the withdrawal, proves in writing that he/she is

1.		the capacity, in accordance with paragraph 1, on the secondary market at a price which does not substantially exceed the charge initially payable to the transmission system operator for the corresponding primary capacity, or which is offered to the the transmission system operator has made available for the period and the extent of non-use; or
2.		the capacity is still needed in full to fulfil existing contractual obligations, in particular from gas supply or gas supply contracts.

(5) The transmission system operator shall notify the regulatory authority as soon as possible of the existence of a situation in accordance with paragraph 2 and the prospective extent of the withdrawal in accordance with paragraph 3, and, where appropriate, the evidence referred to in paragraph 4 above shall be provided by the transmission system operator. ,

(6) The rights and obligations of the capacity contract shall remain within the scope of the network user, in which the capacity of the transmission system operator is not re-allocated as a primary capacity. In respect of security services, the relevant rules shall apply in the general conditions for network access to transmission networks.

(7) Transmission system operators shall have information referred to in paragraphs 2 and 3, in particular for the assigned and actually used capacity per balance sheet group or group, respectively. Sub-balance sheet account must be kept for five years and be made available at the request of the regulatory authority. "

Section 13 (1) reads as follows:

" (1) The network access in the distribution network shall be governed by the provisions of § § 27 ff GWG 2011. A network access request shall contain at least the information referred to in Appendix 1. In the case of network access contracts, it is possible to agree as the beginning of the network use a date which is not more than three years after the conclusion of the network access agreement. In the case of network access contracts where it has been agreed that the use of the network begins later than three months after the conclusion of the contract, the network access agreement may be referred to in Annex 1 point I Z 1 lit. h required notification of the supplier in the context of the application according to the Exchange Ordinance 2014. In network access contracts where it has been agreed that the use of the network begins later than three months after the conclusion of the contract, non-discriminatory and factual conditions can be agreed to ensure the capacity reservation; In addition, an appropriate payment for the (partial) non-use of the agreed capacity shall be contractually determined from the agreed start of the use of the network to the extent of the non-use. The provisions relating to the amount, reduction and protection of payment in accordance with Annex 1, point III, Z 1 (4) shall apply mutatily. "

4. According to Article 13 (2), the following paragraph 2a is inserted:

" (2a) A change in the agreed maximum performance in accordance with Annex 1 point I Z 1 lit. c shall be possible once within twelve months, taking into account any conditions agreed upon. "

5. In accordance with Section 13 (3), the following paragraph 4 is added:

" (4) In the case of undertakings operating as distribution system operators, at the same time as end-users, the installation of which is connected to the distribution system of its own, the provisions of the second subparagraph shall apply to those of the two. and 3. Apply a section on access to the network in a sense. This does not affect the network operator's own-use installations which are used for the operation of the natural gas pipeline systems. "

6. The following sentence shall be added to section 14 (3):

"The conclusion of a network access contract shall not entibe the network access authorized to use the network."

7. § 16 para. 1 second and third sentence reads:

" The network operators shall be obliged to keep the last booked capacity permanently for the following year. A reduction of more than ten per cent of the annual reservation in relation to the capacity agreed between the storage company and the network operator for the year concerned shall be possible only to the extent that this capacity is economically can be marketed on an equal basis. "

8. According to Article 16 (1), the following paragraph 1a is inserted:

" (1a) By way of derogation from paragraph 1, storage undertakings may, with the network operator to whose network the storage facility is connected (or be connected), the maximum capacity to be reserved for storage and storage for a minimum period of time. of 15 years in each case. The obligation to reserve the booked capacity shall end with the expiry of the contract period, unless an agreement is reached on the capacity to be held thereafter until three years before the end of the contract. A reduction of the reservation in relation to the capacity agreed for the duration of the contract is only possible to the extent that this capacity can be marketed in an economically equivalent manner. In the case of a capacity expansion project initiated exclusively by a single storage company, a reduction of the booking is only possible in accordance with the capacity extension contract. An increase in the booking in relation to the reserved capacity is possible by means of the network access request in accordance with § 13. "

9. § 17 para. 1 third sentence reads:

"A reduction of more than ten percent of the annual booking in relation to the permanently held capacity is only possible to the extent that this capacity can be marketed in an economically equivalent manner."

10. § 18 (7) last sentence reads:

"A change in the accounting period is possible once within twelve months and must be immediately reported by the distribution system operator to the respective supplier."

11. § 24 (1) reads:

" (1) Network operators shall set up special balance sheet groups for the identification of network losses and own consumption (net loss account group). Network operators shall appoint a group responsible for the balance sheet group for this group. In addition, several network operators may form common network loss account groups, in particular for the procurement of network loss energy. Counting points of end consumers must not be assigned to a special balance sheet group. "

12. The following sentence shall be added to section 24 (2):

" If several network operators form a common network loss account group, the named balance group manager shall have a contract with the balance sheet coordinator or complete the market area manager, the operator of the virtual trading point as well as all necessary contracts for admission to the stock exchange. "

13. In Section 24 (5), the phrase "from a balance sheet group" deleted.

14. In § 26 para. 6, second sentence, the word "transmission system operator" by "Network operator" replaced.

15. § 27 (1) reads:

" (1) The accounting of the differences between final consumer timetables and actual consumption, the special balance sheet groups for distribution networks, the limit coupling points in the distribution network and the differences between the timetable and the measured biogas input quantities are carried out by the balance group coordinator. "

16. § 27 (4) reads:

" (4) The balancing of the limit coupling points in the distribution network and of the special balance sheet groups in the distribution network according to § 24 and the feed-in of producers of biogenic gases is based on daily values. The balancing of the input or output of the limit coupling points in the distribution network is carried out on the basis of measured hourly values. If an Operational Balancing Agreement has been agreed with the adjacent network operator, it shall be valid for the balance sheet group responsible that confirmed quantities also correspond to the allocated quantities. "

17. § 37 (4) reads:

" (4) The balance sheet group coordinator shall carry out the accounting for physical deviations between the quantities of gas passed in accordance with paragraph 3, plus the actual feed-in of biogenic gases, the deviations at the limit coupling points to be downstream. Market areas and the actual final consumer take-off. Balance sheet compensation is differentiated according to § 41 (2) and (3) of the balance sheet group and is carried out in energy units. "

18. In § 41 (8), first sentence, the word "Border Crossing Points" by the word "Boundary Coupling Points" replaced.

19. In accordance with § 41 (10), the following paragraphs 11 and 12 are added:

" (11) The balance sheet for the input or output of the boundary coupling points to downstream market areas takes place hourly on the basis of measured hourly values. If an operational balancing agreement has been agreed with the adjacent downstream network operator, the balance sheet group responsible shall also be responsible for the fact that confirmed quantities also correspond to the allocated quantities, provided that the agreed limits in the Operational Balancing Agreement have not been violated.

(12) The provisions relating to the Merit Order List according to § 31 apply analogously. By way of derogation, the Tirol and Vorarlberg market areas shall have a lead time of 180 minutes with regard to the call for compensation energy offered by the distribution area manager. "

20. In § 43 (1), first sentence, the word "upstream" is deleted.

21. In § 43 (6), second sentence, the reference "§ 44 (5)" by "§ 44 (6)" replaced.

22. § 44 (1) reads:

" (1) The balance group coordinator determines market-based compensation energy prices for the commercial compensation of deviations between end-user timetables and measurement values, for the balancing of the limit coupling points to downstream Market areas, for the accounting of the special balance sheet groups for distribution networks, and for differences between the quantities of biogas feed that are registered and measured by the timetable. "

23. § 44 (2) sentence 1 reads:

" For the balancing energy accounting of the network users in accordance with § 37 (6) and the limit coupling points to downstream market areas, a quantity weighted average price per hour on the basis of the call of the distribution area manager shall be determined by the Natural gas exchange at the virtual trading point of the upstream market area and determined by the Merit Order List. "

24. In § 44 (4), first sentence, the word order shall be "the limit coupling points in the distribution network," deleted.

25. In accordance with Section 47 (8), the following paragraph 9 is added:

" (9) § 2 paragraph 1 Z 16a, § 12, § 13 para. 1 and 2a, § 13 para. 4, § 14 para. 3, § 16 para. 1 and 1a, § 17 para. 1, § 18 para. 7, § 24 para. 1, 2 and 5, § 26 para. 6, § 27 para. 1 and 4, § 37 para. 4, § 41 para. 8, 11 and 12, § 43 (1) and 6, § 44 para. 1, 2 and 4 as well as § 47 (9) in the version of the GMMO-VO Novelle 2014, BGBl. II No 234/2014, enter into force 1. October 2014, 6:00 p.m., in force. "

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