433. E-Control Regulation, which sets the clearing fee for the performance of the tasks of a balance group coordinator in the natural gas sector (natural gas clearing fee-Regulation 2016)

On the basis of § 89 Gaswirtschaftsgesetz 2011-GWG 2011, BGBl I Nr 107/2011 idF BGBl II Nr 226/2015 iVm § 7 Abs1 and § 21 Abs. 1 Z 3 Energie-Control-Gesetz-E-ControlG, BGBl I Nr 110/2010 idF BGBl I Nr 174/2013, is prescribed:

Clearing of the clearing charges

§ 1. In accordance with this Regulation, the balance sheet group responsible has to pay the balance sheet group coordinator the clearing fee set out in § 3.

Definitions

§ 2. For the purposes of this Regulation:

1.		"clearing fee" means the remuneration to be paid to the balance sheet group coordinator by the accounting officer in accordance with the principles laid down in Section 89 of the GWG 2011;
2.		"excise duty on charges" means the sum of the consumption values on the reference page of a balance sheet group.

Remuneration

§ 3. The fee amounts to € 0.0522 per MWh for each of the consumption turnover in the market area of East Germany and € 0.0653 per MWh in the Tirol and Vorarlberg market areas.

Exemptions

§ 4. The revenues of the special network balance group for net losses and self-consumption are exempt from the clearing fee.

Billing Period and Prewrite

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

(2) As soon as the final statement by the balance sheet group coordinator is based on the actual measured feed and consumption ("second clearing") actually measured, the clearing fee for the entire period, on which: the second clearing is to be recalculated. 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. January 2016, 06:00.

(2) The E-Control Regulation, which sets the clearing fee for the performance of the tasks of a balance-group coordinator in the natural gas sector (natural gas clearing fee regulation), BGBl II Nr 479/2012 idF of the 1. Novelle 2014, BGBl II Nr 68/2014 shall not enter into force at the date referred to in paragraph 1.

Transitional provisions

§ 7. For the rolling up of accounts relating to periods prior to the entry into force of this Regulation, the amounts shall continue to be paid under the E-Control Regulation, which shall include the clearing fee for the performance of the tasks of a balance group coordinator in the Natural gas sector (natural gas clearing fee regulation), BGBl II Nr 479/2012 idF of the 1. Novelle 2014, BGBl II Nr 68/2014.

Boltz Graf