167. Regulation of E-control over the Exchange, registration, deregistration and the opposition (Exchange regulation 2014, WVO 2014)
On the basis of § 76 para 7 of Elektrizitätswirtschafts and Organization Act 2010 (ElWOG 2010), Federal Law Gazette I no. 110/2010 idF BGBl I no. 174/2013 as well as section 123, paragraph 7 gas Act 2011 (MLA 2011), Federal Law Gazette I no. 107/2011 idF BGBl I no. 174/2013 in conjunction with article 7, paragraph 1 energy control law (E-ControlG), Federal Law Gazette I no. 110/2010 amended Federal Law Gazette I no. 174/2013, is prescribed :
Scope of application
§ 1. This regulation lays down the supplier or supplier switching, the in and out, and the opposition.
§ 2. The purposes of this regulation 1 "logout" means the termination of the energy supply contract and/or the network use agreement;
2. "automated" each independently running through use of a controlled technological process data processing;
3. "change in the true sense" all process steps for the optional reporting point and end user identification and/or the optional query of binding and notice periods, which lead to the assignment of a count point to a new supplier;
4. "Supplier" provider pursuant to § 7 paragraph 1 Z 68 MLA 2011 and supplier according to § 7 paragraph 1 Z 45 ElWOG 2010;
5. "Change of the supplier" the reporting point and consumer identification and the binding notice query and the change in the true sense;
6 'Log' concluding an energy supply contract in connection with a new network license agreement;
7 "Online authorization of" one in accordance with article 76, paragraph 3, sentence 1 ElWOG 2010 as well as section 123, paragraph 3, sentence 1 MLA 2011 issued by the consumer to the new supplier authorization;
8 "ElWOG method" the expiration of the supplier change, login, logout and of opposition pursuant to article 80, paragraph 2 2010 as well as § 125 ABS. 2 MLA 2011;
9 "Steps" to be taken within the process each process step.
10 'Exchange platform' one of the Clearinghouse to VoIP integrate supported communication system which has to comply with in this regulation, as well as in the annex to this regulation contained minimum requirements;
11 "Change date" of the date of delivery by the new supplier.
Duration, initiation and implementation of procedures
§ 3 (1) may take no more than three weeks, calculated from knowledge of the supplier change by the operator, the duration of the process relevant to the change of supplier without prejudice to other existing civil obligations.
(2) the introduction of procedures can be requested on each working day.
(3) all processes are automated perform on the Exchange platform, provided in the annex to this regulation otherwise is not foreseen. An automated final processing is not possible, is the respective step by a non-automated processing, which might include also a contact of the consumer if necessary, perform within the planned period and complete.
(4) the date of the Exchange can fall on any day.
Declarations of intent
§ 4 (1) the introduction and implementation of procedures requires a corresponding declaration of intent of the consumer.
(2) the consumer to the supplier submits declarations of intent in electronic form, the forwarding of these declarations of intent about the Exchange platform has to be.
(3) the authorization for the procedure is to make credible by the new suppliers in the way of the Exchange platform.
Refusal for carrying out the procedures
5. (1) the carrying out of the procedures may be refused the following reasons by the operator: 1. in case of justified suspicion that the counting point label to changing is associated with a different consumer.
2. If existing procedures overlap.
3. in the case of a change of date which lies beyond the set deadline for the implementation of the change in the true sense.
(2) the carrying out of the procedures must not be refused by the current suppliers in particular for the following reasons: 1. in existing minimum contract duration of energy delivery.
2. within a period to be observed by the end user for the termination of the existing energy delivery contract.
§ 6. The Clearing House has to make the arrangements for the their statutory tasks to fulfill and to ensure that the procedures provided for in this regulation are carried out after the State of the art in the way of the Exchange platform can.
Entry into force and expiry
§ 7 (1) this regulation occurs, 2 Save as otherwise provided, with 3 November 2014 in force.
(2) the provisions of the annex to the regulation, in paragraphs 2, 4, 5, 6 as well as the phrases "or following the occurrence of a smart meter or a load profile meter" as well as "for end users with load profile meters the information whether the accounting is done on hourly or daily basis and the date of last modification in accounting" in points 3.2.3 and 3.3.2., respectively the gas field, enter into force with 1 June 2015.
(3) the regulation of the E-control over the change of supplier, the registration and deregistration (Exchange regulation current 2012), Federal Law Gazette II No. 197/2012, as well as the regulation of E-control on switching, the new registration and the cancellation (change regulation gas 2012), Federal Law Gazette II No. 196/2012, occur at the end of the 2nd November 2014 override, paragraph 4 unless otherwise permitted.
(4) the provisions in point 2, 4 and 5 of the annex to the regulation of E-control over the change of supplier, the registration and deregistration (Exchange regulation current 2012), Federal Law Gazette II No. 197/2012 and of the annex to the regulation of E-control on switching, the new registration and the cancellation (change regulation gas 2012), Federal Law Gazette II No. 196/2012 occur at the end of the 31 May 2015 override.
Annex (see facilities)