434. E-Control Regulation setting the clearing fee for the performance of the tasks of a balance group coordinator (clearing fee-regulation 2016)

On the basis of § 12 of the Federal Law, which regulates the conditions of exercise, the tasks and the powers of the clearing offices for transactions and price formation for the balancing energy (clearing house), BGBl I Nr 121/2000, iVm § 7 para. 1 and § 21 paragraph 1 Z 2 Energy Control Act-E-ControlG, BGBl. I No 110/2010 idF BGBl I Nr 174/2013, shall be ordered:

Clearing of the clearing fee

§ 1. In accordance with this Regulation, the balance sheet group responsible has to pay a clearing fee to the balance sheet group coordinator on the basis of the turnover of the balance sheet group.

Definitions

§ 2. For the purposes of this Regulation:

1.		"total energy turnover" means the sum of energy sold (sales schedules), delivered balancing energy and consumption (consumption count) on the target side, which is the sum of purchased energy (purchase timetables), generation (production count) and related balancing energy on the Habits of a balance sheet group;
2.		"fee-based consumption" means the sum of the consumption count on the nominal page of a balance sheet group;
3.		"Chargeable trade turnover" means the total energy turnover less the consumption turnover of a balance sheet group.

Charge rates

§ 3. (1) The fee shall be € 0,0878 per MWh for each fee subject to a fee.

(2) The fee is € 0,0018 per MWh for each fee-based trading turnover.

Exemptions

§ 4. The turnover of the special balance sheet groups (special balance sheet groups) is exempt from the clearing fee. The special balance sheet groups are in particular balance sheet groups, which are exclusively set up for the following purposes:

1.		network losses and loss-of-energy procurement;
2.		for green energy;
3.		the electricity exchange;
4.		the rule zone guide for its operational purposes.

Billing Period and Prewrite

§ 5. (1) Accounting period shall be the clearing period for the first clearing of the balance sheet group coordinator. The clearing fee shall be charged by the balance sheet group coordinator and due on the due date stated in the invoice.

(2) As soon as the final statement of accounts by the balance sheet group coordinator is based on the actual measured energy of production and consumption ("second clearing"), the clearing fee shall be for the entire period to which the second clearing fee is to be paid. Clearing extends, recalculating. Any differences in the amounts raised by the balance sheet group coordinator for this period shall be taken into account, or to be credited.

entry into force

§ 6. (1) This Regulation shall apply to taxable transactions as from 1. Jänner 2016.

(2) The E-Control Regulation, which sets the clearing fee for the performance of the tasks of a balance sheet group coordinator (Clearingfee Regulation), BGBl II Nr 480/2012, will not enter into force on 31 December 2015.

Transitional provisions

§ 7. For the rolling up of accounts relating to periods prior to the entry into force of this Regulation, the amounts under the E-Control Regulation shall continue to be paid, which shall include the clearing fee for the performance of the tasks of a balance group coordinator (Clearingfee Regulation), BGBl II Nr 480/2012.

Boltz Graf