167. Regulation of the E-Control on the change, the application, the logout and the objection (Exchange Ordinance 2014, WVO 2014)

Pursuant to Section 76 (7) of the German Electricity and Organization Act 2010 (ElWOG 2010), Federal Law Gazette (ElWOG 2010), BGBl. I No 110/2010 idF BGBl. I No. 174/2013 and Section 123 (7) of the Gaswirtschaftsgesetz 2011 (GWG 2011), BGBl. I No 107/2011 idF BGBl. I Nr. 174/2013 iVm § 7 para. 1 Energy Control Act (E-ControlG), BGBl. I No 110/2010 idF BGBl. I No 174/2013, shall be arranged:

Scope

§ 1. This Regulation shall govern the supplier or Change of supply, registration and disconnection as well as the contradiction.

Definitions

§ 2. For the purposes of this Regulation:

1.		"logout" means the termination of the energy supply contract and/or the network use contract;
2.		"automates" any data processing which is automatically carried out by the use of a controlled technical process;
3.		"Change in the real sense" all method steps after the optional counting point and final consumer identification and/or the optional interrogation of the binding and termination periods, which lead to the assignment of a counting point to a new supplier;
4.		"Supplier" pursuant to § 7 (1) Z 68 GWG 2011 and supplier pursuant to Section 7 (1) Z 45 ElWOG 2010;
5.		"supplier change" means the counting point and final consumer identification as well as the binding and dismissal limit query and the change in the actual sense;
6.		"Application" means the conclusion of an energy supply contract in connection with a new network use contract;
7.		"online proxy" means an authorisation granted to the new supplier pursuant to § 76 (3) sentence 1 ElWOG 2010 and § 123 (3) sentence 1 GWG 2011 by the end user;
8.		"procedure" means the expiry of the change of supplier, the notification, the logout and the objection pursuant to § 80 (2) ElWOG 2010 and § 125 (2) of the GWG 2011;
9.		"procedural steps" means the individual process steps to be carried out within the procedures;
10.		"exchange platform" means a communication system which is supported by the clearing house and which has to comply with the minimum requirements set out in this Regulation and in the Annex to this Regulation;
11.		"Exchange date" means the date of delivery by the new supplier.

Duration, initiation and implementation of procedures

§ 3. (1) The duration of the relevant procedure for the change of supplier may, without prejudice to further existing civil law obligations, be subject to a maximum of three weeks, calculated from the acceptance of the supplier's exchange by the network operator, in accordance with .

(2) The initiation of proceedings may be requested on any working day.

(3) All procedures shall be carried out automatically via the exchange platform, unless otherwise provided for in the Annex to this Regulation. If an automated final processing is not possible, the respective method step is by means of a non-automated processing which, if required, can also include contacting of the end user, within the provided The maximum period must be completed and completed.

(4) The exchange date may fall every day.

Declarations of Wills

§ 4. (1) A prerequisite for the initiation and implementation of the procedures is an appropriate declaration of intent by the final consumer.

(2) If the end user imparts to the supplier Willenserdeclarations in electronic form, then the forwarding of these declarations of intent shall be made via the exchange platform.

(3) The authorization for the procedure shall be made credible by the new supplier by means of the exchange platform.

Refusal to carry out the procedures

§ 5. (1) The implementation of the procedures may be refused by the network operator for the following reasons:

1.		where there is a reasonable suspicion that the number of counting points to be changed is associated with another end user;
2.		in the case of existing procedural overcuts;
3.		in the case of an exchange date which is outside the maximum period laid down for the purpose of carrying out the change in the real sense.

(2) The implementation of the procedures shall not be refused by the current supplier, in particular for the following reasons:

1.		in the case of an existing minimum contract period of the energy supply contract;
2.		within a time limit to be observed by the end consumer for the termination of the existing energy supply contract.

Settlement Office

§ 6. The clearing house shall take the necessary steps to carry out the tasks assigned to it by law and to ensure that the procedures laid down in this Regulation are in accordance with the state of the art by means of the exchange platform. can be carried out.

Entry into force and external force

§ 7. (1) This Regulation shall enter into force on 3 November 2014, insofar as paragraph 2 of this Regulation does not determine otherwise.

(2) The provisions of the Annex to the Regulation in points 2, 4, 5, 6. as well as the word sequences " or Presence of an intelligent measuring instrument or a load profile counter "as well as" In the case of end users with load profile counters, the information as to whether the balance sheet is based on hourly or daily basis and the date of the last change of the Accounting method " in points 3.2.3. and 3.3.2., respectively concerning the gas sector, will enter into force on 1 June 2015.

(3) The E-Control Regulation on the exchange of suppliers, the re-registration and the declaration (Exchange Regulation Electricity 2012), Federal Law Gazette (BGBl). II No. 197/2012 as well as the regulation of the E-Control on the change of supply, the re-registration and the declaration (Exchange Regulation Gas 2012), BGBl. II No. 196/2012, expire on 2 November 2014, insofar as paragraph 4 does not determine otherwise.

(4) The provisions in point 2., 4. and 5. The Annex to the E-Control Regulation concerning the exchange of suppliers, the re-registration and the declaration (Exchange Regulation Electricity 2012), Federal Law Gazette (BGBl). II no. 197/2012 as well as the Annex to the E-Control Regulation on the exchange of suppliers, the re-registration and the declaration (Exchange Regulation Gas 2012), Federal Law Gazette (BGBl). II No 196/2012 shall expire on 31 May 2015.

Annex (see annexes)

Boltz Count