459. Regulation of the Federal Minister for Science, Research and the Economy, which sets the feed-in tariffs for the reduction of electrical energy from green electricity plants on the basis of contracts for which the green-current winding site is concluded from 1. January 2016 until the end of 2017 is required (Ökostrom-Feed-Feed Regulation 2016-ÖSET-VO 2016)

On the basis of § 19 and § 20 of the 2012 Ecoelectricity Act (ÖSG 2012), BGBl. I No 75/2011, as last amended by the BGBl agreement. I n ° 11/2012, will be arranged in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management and the Federal Minister for Labour, Social Affairs and Consumer Protection:

Scope

§ 1. (1) This Regulation provides for the setting of feed-in tariffs for the reduction of electrical energy from new plants (§ 5 paragraph 1 Z 20 in connection with Z 23 ÖSG 2012), to which a notification of recognition in accordance with § 7 Ökostromgesetz, BGBl. I No 149/2002, as amended by the BGBl version. I n ° 114/2008 or § 7 ÖSG 2012 and which is based on renewable energy sources Wind, Sun (excluding photovoltaics with a peak power of up to 5 kW according to § 12 paragraph 2 Z 3 ÖSG 2012), solid, liquid or gaseous Biomass, geothermal energy or small hydropower (with a bottleneck performance of up to 2 MW in accordance with § 14 (7) of the ÖSG 2012) are operated.

(2) The feed-in tariffs determined in § 5 bis § 12 are to be based only on those feed-in tariff agreements,

1.		to the conclusion of which the Oeko-downstream settlement body is obliged under the conditions of the ÖSG 2012 and
2.		for the period from the date of entry into force of this Regulation until 31 December 2017, in the case of photovoltaic systems and electricity buoys until 31 December 2016, a request for a contract to be contracted at the ecocurrent winding station, provided that the establishment or Revitalization of the plant at this point in time has not yet been started.

(3) This Regulation also applies mutagenly to new contracts for investment extensions. For installations or plant parts for which a contract has already been concluded with the green-current winding office, the tariff and the term shall apply in accordance with the terms of the first-time contract conclusion.

Minimum efficiency

§ 2. (1) In the case of installations which are operated at least partly on the basis of geothermal energy, biomass or biogas, the feed-in tariffs determined in the regulation shall be granted only if a fuel consumption level (§ 5 (1) (Z) 8 ÖSG 2012) and/or (§ 5 (1) (Z)) ÖSG (2012)). at least 60% of the total ergetic use is achieved.

(2) The attainment of the fuel consumption rate or Total ergetic use is to be demonstrated by a concept prior to the commissioning of the plant. Furthermore, the achievement of the degree of fuel consumption or to demonstrate the overall level of utilisation for each completed calendar year by 31 March of the following year at the latest of the green-current winding station, the first three months being not to be included after the start-up.

Duration of the feed-in tariffs

§ 3. The feed-in tariffs contained in this Regulation apply in accordance with Section 16 (1) of the ÖSG 2012

1.		for installations according to § 5 to 7 as well as § 11 and § 12 for a period of 13 years and
2.		for installations according to § 8 bis § 10 for a period of 15 years
from contracting with the green-current winding station (start of the decrease of green electricity by the green-current winding station according to § 12 ÖSG 2012) and end at the latest by the end of the 20. Operating year of the asset.

Definitions

§ 4. For the purposes of this Regulation:

1.		"solid biomass" means forest fuels and semi-benign fuels and their fruits (ÖNORM EN ISO 16559 :2014-12);
2.		"Strombojen" electricity generation plants that convert the kinetic energy of water into electrical energy in the flow waters, without having any other structural facilities (except the anchorage);
3.		"highly efficient plants based on solid biomass" means installations which receive a feed-in tariff in accordance with § 8 and which have a fuel utilization rate of at least 70% established in the notification of recognition;
4.		"purely agricultural substrate materials" Economic fertilizer as well as plants for the purpose of biogas production from grassland and arable use, including their silage, as well as field-and hopeful crop residues.

Feed-in tariffs for green electricity from photovoltaic systems

§ 5. (1) The tariff for the acceptance of electrical energy from photovoltaic systems with a bottleneck power of over 5 kW peak up to 200 kW peak , which are attached exclusively to or on a building, shall be as follows:

to		Application and conclusion of the contract in 2016								8.24 cent/kWh.
An additional 40% of the installation costs shall be added as an investment grant for the construction, but no more than an amount equal to 375 euro/kW peak is granted.

(2) The necessary proof of the investment costs shall be provided by the presentation of the invoices concerning the costs necessary for the construction to the ecocurrent winding office at the latest six months after the conclusion of the contract.

(3) The granting of a network parity tariff in accordance with Section 14 (6) of the ÖSG 2012 shall apply to installations which are not integrated into the building and facade or which are greater than 20 kW peak are excluded.

Feed-in tariffs for green electricity from wind power plants

§ 6. The tariffs for the reduction of electrical energy from wind turbines shall be as follows:

1.		in the case of application in 2016								9,04 cent/kWh;
2.		in the case of application in 2017								8.95 cent/kWh.

Feed-in tariffs for green electricity from geothermal energy

§ 7. The tariffs for the reduction of electrical energy from geothermal energy shall be as follows:

1.		in the case of application in 2016								7.43 cent/kWh;
2.		in the case of application in 2017								7.36 cent/kWh.

Feed-in tariffs for green electricity from solid biomass and waste with a high biogenic share, as well as setting the heat price

§ 8. (1) The following amounts shall be set as tariffs for the reduction of electrical energy from electricity generation plants, which are operated with the exclusive use of solid biomass, but with the exception of waste with a high biogenic share:

1.		in the case of application in 2016
a)			for highly efficient systems with a bottleneck capacity of up to 500 kW							22.22 Cent/kWh;
b)			With a bottleneck power up to 500 kW							18.80 cent/kWh;
c)			With a bottleneck output of more than 500 kW to 1 MW							16.32 cent/kWh;
d)			With a bottleneck output of more than 1 MW to 1.5 MW							14.97 cent/kWh;
e)			With a bottleneck output of more than 1.5 MW up to 2 MW							14.47 cent/kWh;
f)			With a bottleneck output of more than 2 MW to 5 MW							13.88 Cent/kWh;
g)			With a bottleneck output of more than 5 MW to 10 MW							13.39 cent/kWh;
h)			With a bottleneck output of more than 10 MW							10,61 Cent/kWh;
2.		in the case of application in 2017
a)			for highly efficient systems with a bottleneck capacity of up to 500 kW							22,00 Cent/kWh;
b)			With a bottleneck power up to 500 kW							18.61 cent/kWh;
c)			With a bottleneck output of more than 500 kW to 1 MW							16.15 cent/kWh;
d)			With a bottleneck output of more than 1 MW to 1.5 MW							14.82 cent/kWh;
e)			With a bottleneck output of more than 1.5 MW up to 2 MW							14.33 cent/kWh;
f)			With a bottleneck output of more than 2 MW to 5 MW							13.74 Cent/kWh;
g)			With a bottleneck output of more than 5 MW to 10 MW							13.26 cent/kWh;
h)			With a bottleneck output of more than 10 MW							10,50 Cent/kWh;
3.		As far as the total installed capacity of fixed biomass plants, via which a contract conclusion according to § 15 ÖSG 2012 since the 20. 100 MW has been reached or exceeded:
a)			for highly efficient systems with a bottleneck capacity of up to 500 kW							18.09 cent/kWh;
b)			With a bottleneck power up to 500 kW							12.88 cent/kWh;
c)			With a bottleneck output of more than 500 kW to 1 MW							10,61 Cent/kWh;
d)			With a bottleneck output of more than 1 MW to 1.5 MW							10,14 cent/kWh;
e)			With a bottleneck output of more than 1.5 MW up to 2 MW							9.74 cent/kWh;
f)			With a bottleneck output of more than 2 MW to 5 MW							9.46 cent/kWh;
g)			With a bottleneck output of more than 5 MW to 10 MW							8.62 cent/kWh;
h)			With a bottleneck output of more than 10 MW							8.22 cent/kWh.

(2) With regard to the tariffs for the reduction of electrical energy from electricity generation plants, which are operated with a high biogenic share using the exclusive use of the energy carrier, the following shall apply:

1.		in the case of use of primary energy carriers in accordance with all five-digit key numbers of Table 2 of Annex 1 of the ÖSG 2012, which start with SN 17, the tariffs laid down in paragraph 1 shall be reduced by 25%;
2.		in the case of use of primary energy carriers in accordance with all five-digit key numbers of Table 1 of Annex 1 of the ÖSG 2012, which start with SN 17, the rates laid down in paragraph 1 shall be reduced by 40%;
3.		in the case of use of primary energy carriers according to all other five-digit key numbers in Table 1 and Table 2 of Annex 1 of the 2012 ÖSG, the tariff shall be as follows:
a)			in the case of application in 2016							4.80 cent/kWh;
b)			in the case of application in 2017							4.75 cent/kWh.

(3) With regard to tariffs for the reduction of electrical energy from hybrid and mixed combustion plants in the case of combustion in caloric power stations operating with a high biogenic share using the energy sources, biomass or waste, The following:

1.		in the case of the exclusive use of solid biomass, the tariff shall be as follows:
a)			in the case of application in 2016							5.88 cent/kWh;
b)			in the case of application in 2017							5.82 cent/kWh;
2.		in the case of use of primary energy carriers in accordance with all five-digit key numbers of Table 2 of Annex 1 of the ÖSG 2012, which start with SN 17, the tariffs set in Z 1 shall be reduced by 20%;
3.		in the case of use of primary energy carriers according to all the other five-digit key numbers of Tables 1 and 2 of Appendix 1 of the ÖSG 2012, the tariffs set in Z 1 shall be reduced by 30%.

(4) In the case of a combination of the starting materials mentioned in paragraph 1 to (3), a one-part tariff is used in accordance with the fuel quantities used, in relation to the fuel heat output.

(5) The tariffs referred to in subsection (2) and (3) shall apply irrespective of whether the waste used has a high biogenic content in its original form or whether it is used in its form by previous hacking, pressing or other treatment steps and density is changed.

Feed-in tariffs for green electricity from liquid biomass

§ 9. (1) The tariffs for the reduction of electrical energy from liquid biomass shall be as follows:

1.		in the case of application in 2016								5.57 cent/kWh;
2.		in the case of application in 2017								5.51 cent/kWh.

(2) For electrical energy produced in cogeneration plants which are operated exclusively on the basis of liquid biomass and for which an application in accordance with § 1 (2) (2) (2) (2) of the Austrian Federal Energy Law (ÖSG 2012) for the reduction of green electricity to the , a supplement of 2 cents/kWh has been placed under this Regulation, provided that these plants are the efficiency criterion in accordance with § 8 para. 2 KWK-Gesetz, BGBl. I n ° 111/2008 in the version of BGBl. I No 72/2014.

Feed-in tariffs for green electricity from biogas

§ 10. (1) The following amounts shall be set as tariffs for the reduction of electrical energy from electricity generation plants, which are operated using the energy carrier biogas with purely agricultural substitutes:

1.		in the case of application in 2016
a)			With a bottleneck power up to 250 kW							18.67 cent/kWh;
b)			With a bottleneck performance of more than 250 to 500 kW							16.15 cent/kWh;
c)			With a bottleneck performance of more than 500 to 750 kW							12.97 cent/kWh;
d)			With a bottleneck power over 750 kW							12.51 cent/kWh;
2.		in the case of application in 2017
a)			With a bottleneck power up to 250 kW							18.48 cent/kWh;
b)			With a bottleneck performance of more than 250 to 500 kW							15.99 Cent/kWh;
c)			With a bottleneck performance of more than 500 to 750 kW							12.84 cent/kWh;
d)			With a bottleneck power over 750 kW							12.38 cent/kWh.

(2) The one in paragraph 1 Z 1 lit. a and Z 2 lit. a fixed tariffs shall be granted only on condition that livestock manure with a mass fraction of at least 30% is used. The verification of the use of the substrate feedstocks shall be the eco-downstream processing point for each calendar year ending at the latest by 31. January of the following year. However, if this proof of 30% is not provided in a single calendar year of the funding period, the installation shall, however, reach an application of animal manure fertilizer with a mass fraction of at least 20%, and shall be subject to the expiry of the previous calendar year. Retroactive effect of the provisions of paragraph 1, Z 1 lit. b or Z 2 lit. b fixed rates. As of the second time, no more than the market price of feed-in tariffs is no longer available for those calendar years during the funding period, in which the proof of 30% is not provided.

(3) In the case of the use of other than purely agricultural substrate feedstocks, the tariffs laid down in paragraph 1 and paragraph 6 shall be reduced by 20%.

(4) For electrical energy produced in cogeneration plants which are operated exclusively on the basis of biogas and for which, in the period determined in accordance with § 1 (2) (2) (2), an application in accordance with § 15 ÖSG 2012 for the reduction of green electricity to the by-products Regulation of certain feed-in tariffs is a supplement of 2 cents/kWh, provided that these plants meet the efficiency criterion according to § 8 para. 2 KWK-Gesetz (KWK-Bonus).

(5) The tariffs for the reduction of electrical energy from hybrid and mixed combustion plants using biogas as an energy carrier shall be proportional to the amount of biogas used in accordance with paragraph 1 or para. 3, in relation to the fuel heat output, set.

(6) By way of derogation from paragraph 1 and paragraph 2, for installations according to § 7 paragraph 1 ÖSG 2012, for which a request pursuant to § 15 ÖSG 2012 for the reduction of green electricity to the tariffs determined by this Regulation in accordance with § 1 paragraph 2 Z 2 shall be made , the following amounts have been set as tariffs for the quantities of electrical energy from gas in accordance with Article 8 (3) of the Austrian Electricity Market (ÖSG) 2012, which has been fed into the network and processed for natural gas quality:

1.		in the case of application in 2016
a)			With a bottleneck power up to 500 kW							16.15 cent/kWh;
b)			With a bottleneck performance of more than 500 to 750 kW							12.97 cent/kWh;
c)			With a bottleneck power over 750 kW							12.51 cent/kWh;
2.		in the case of application in 2017
a)			With a bottleneck power up to 500 kW							15.99 Cent/kWh;
b)			With a bottleneck performance of more than 500 to 750 kW							12.84 cent/kWh;
c)			With a bottleneck power over 750 kW							12.38 cent/kWh.

(7) For electrical energy from installations in accordance with paragraph 6, a surcharge of 2 cents/kWh for the quantities of electrical energy from gas pursuant to section 21 (1) of the ÖSG 2012 shall apply if the gases fed into the grid have been prepared for natural gas quality (Technologiebonus).

Feed-in tariffs for green electricity from landfill and sewage gas

§ 11. (1) The following amounts shall be set as tariffs for the reduction of electrical energy from electricity generation plants, which are operated using the energy sources landfill and sewage gas:

1.		for clarifying gas
a)			in the case of application in 2016							5.76 cent/kWh;
b)			in the case of application in 2017							5.71 cent/kWh;
2.		for landfill gas
a)			in the case of application in 2016							4.80 cent/kWh;
b)			in the case of application in 2017							4.75 cent/kWh.

(2) The tariffs for the reduction of electrical energy from hybrid and mixed combustion plants using landfill and sewage gas as an energy source shall be proportional to the amount of fuel used in accordance with paragraph 1, in accordance with the quantity of gas used; set.

Feed-in tariffs for green electricity from new or revitalised small hydropower plants

§ 12. (1) As tariffs for the reduction of electrical energy from new small-scale hydropower plants or those which have been revitalised to an extent in accordance with Article 5 (1) Z 26a of the ÖSG in 2012, that an increase in the bottleneck performance or the rule-of-work assets is increased by at least 50% after the completion of the revitalisation, the following amounts shall be fixed, provided that the bottleneck capacity does not exceed 2 MW:

1.		in the case of application in 2016
a)			for the first 500 000 kWh							10,35 Cent/kWh;
b)			for the next 500 000 kWh							7.43 cent/kWh;
c)			for the next 1 500 000 kWh							6,49 Cent/kWh;
d)			for the next 2 500 000 kWh							5.42 cent/kWh;
e)			for the next 2 500 000 kWh							5.12 cent/kWh;
f)			More than 7 500 000 kWh							4.87 cent/kWh;
g)			for electricity buoys for the first 500 000 kWh							13.32 cent/kWh;
h)			for electricity buoys over 500 000 kWh							12.32 cent/kWh;
2.		in the case of application in 2017
a)			for the first 500 000 kWh							10.25 cent/kWh;
b)			for the next 500 000 kWh							7.36 cent/kWh;
c)			for the next 1 500 000 kWh							6.43 cent/kWh;
d)			for the next 2 500 000 kWh							5.37 cent/kWh;
e)			for the next 2 500 000 kWh							5.07 cent/kWh;
f)			More than 7 500 000 kWh							4.82 cent/kWh.

(2) As tariffs for the reduction of electrical energy from small-scale hydropower plants, which have been revitalised to an extent in accordance with Article 5 (1) Z 26a of the ÖSG 2012, that an increase in the congestion performance or the standard work assets by at least 15% in accordance with Implementation of the revitalisation shall be achieved, provided that the constride performance does not exceed 2 MW, the following amounts shall be fixed:

1.		in the case of application in 2016
a)			for the first 500 000 kWh							8.10 cent/kWh;
b)			for the next 500 000 kWh							5.91 cent/kWh;
c)			for the next 1 500 000 kWh							5.12 cent/kWh;
d)			for the next 2 500 000 kWh							3.73 cent/kWh;
e)			for the next 2 500 000 kWh							3.45 cent/kWh;
f)			More than 7 500 000 kWh							3.17 cent/kWh;
2.		in the case of application in 2017
a)			for the first 500 000 kWh							8,02 Cent/kWh;
b)			for the next 500 000 kWh							5.85 cent/kWh;
c)			for the next 1 500 000 kWh							5.07 cent/kWh;
d)			for the next 2 500 000 kWh							3.69 cent/kWh;
e)			for the next 2 500 000 kWh							3.42 cent/kWh;
f)			More than 7 500 000 kWh							3.14 cent/kWh.

(3) The zoning limits laid down in paragraph 1 and paragraph 2 shall relate to a calendar year. A collective wage agreement for the quantities fed in a broken year shall be calculated on a time-basis basis.

(4) The increase in the standard work capacity shall be demonstrated by the opinion of a civil engineer.

(5) The one in paragraph 1 Z 1 lit. g unf lit. h shall be granted only on condition that proof of the investment costs by presenting the invoices relating to the costs necessary for the installation to the ecocurrent winding station shall be at least six months after the date of the Contract completion.

entry into force

§ 13. This Regulation shall enter into force 1. Jänner 2016 in force.

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